2006 02 14 PC Minutes
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MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
February 14, 2006
7:00 P.M.
I. CALL TO ORDER
A. This meeting of th~ Planning Commission was called to order at 7 :00
p.m. by Chairman Kirk who asked Commissioner Quill to lead the flag
salute.
B. Present: Commissioners Ed Alderson, Richard Daniels, Kay Ladner, Paul
Quill, and Chairman Tom Kirk.
C. Staff present: Community Development Director Doug Evans, Assistant
City Attorney Michael Houston, Public Works Director Tim Jonasson,
Planning Manager Les Johnson, Principal Planner Stan Sawa, Associate
Planner Andrew Mogensen, and Executive Secretary Betty Sawyer
II.
PUBLIC COMMENT: None.
III. CONFIRMATION OF THE AGENDA: Confirmed.
IV. CONSENT ITEMS:
A. Chairman Kirk asked if there were any changes to the Minute~ of the
January 24, 2006 regular meeting. There being no changes to the
minutes, it was moved and seconded by Commissioners Daniels/Alderson-
to approve the minutes as submitted.
V. PUBLIC HEARINGS: None.
A.
Continued - Environmental Assessment 2005-550, General Plan
Amendment 2005-106, Zone Change 2006-126, Specific Plan 83-002,
Amendment #5, and Tentative Parcel Map 32752; a request of Ray
Shaffer for consideration of: 1) a Negative Declaration of environmental
impact; 2) a General Plan Amendment and Zone Change from Golf
Course to Low Density residential; 3) a Specific Plan to allow the
conversion of 2.3 + acres of existing golf course/common area to
residential use; and 4) review of a Parcel Map to subdivide 2.3 + acres
into three single-family lots, for the property located between Weiskopf
and Jack Nicklaus Golf Courses, immediately south of PGA Boulevard,
within PGA West.
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1 . Commissioner Ladner informed the Commission she had a
potential conflict of interest due to her job and withdrew from the
dais.
2. Commissioner Daniels informed the Commission that he belongs to
the Master Homeowners' Association (HOA) for PGA West, but
not the HOA for this subdivision. He does not believe it is a
conflict of interest and will participate in the meeting.
3.
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Chairman Kirk opened the public hearing and informed everyone
that the applicant had requested a continuance to April 26, 2.Ö06.
Chairman Kirk asked if anyone wanted to speak regarding the
project. Members of the audience asked for an explanation of the
request to continue. Chairman Kirk asked staff to give a brief
summary of the project. Principal Planner Stan Sawa provided a
brief summary of they proposal and the applicant's request for
continuance.
4.
Commissioner Daniels asked if there were any changes to the
applications. Staff stated no changes had been submitted.
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5. Commissioner Alderson asked if the applicant had met with any of
the neighbors. Staff stated they had not been informed of any
meetings taking place.
6. Chairman Kirk asked if anyone would like to speak at this meeting.
Mr. Bob Hargraves, attorney for the applicant, gave an overview
of the request before the Commission. To his knowledge, no
meetings had been held with the homeowners in the area.
7. Chairman Kirk asked if there was any guarantee this would be the
last request for continuance and the Commission will not be
requested to continue this into the summer. Mr. Hargraves stated
it is not their intention to continue it further, but it will depend
upon whether or not any entitlement issues are raised.
8.
Chairman Kirk asked if anyone else wanted to speak on this
subject tonight. Mr. and Mrs. Myron Mintz, 80-355 Weiskopf,
gave a presentation on their objections to the project. Mr. Mintz
stated he had spoken to the applicant regarding the site and the
applicant had offered to sell him the project. He went on to
explain his reasons for not wanting the continuance granted. He
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presented a petition of, those objecting to the project. Mrs. Mintz
stated it was her understanding the Commission could continue
the project, deny the continuance, or continue it to a more
appropriate date. She suggested if it was to be continued, it
should be continued to January 2007.
9. Mr. Brian Ford, 80-970 Spanish Bay, stated his objection was
regarding the Fairways HOA. The HOA is made up of five board
memberß and two are homeown~rs. They may be involved, but do
not fairly represent the homeowners. The second concern is that
once this is approved, all open spaces on the golf course will then
be submitted for development. He asked whether the property
had been a part of any density transfers. Community
Development Director Doug Evans stated that was included in the
study staff was preparing for the Commission. In regard to a
density transfer, PGA West is under the housing numbers
identified in their Specific Plan and therefore density bonuses were
not an issue. '
10. Commissioner Daniels stated the decision on this case will be
made not on the number of people supporting or oppos-ing the
project, but on the merits of the case. He does share the concern
raised about the repeated continuances. He would be inclined to
continue the project to allow the applicant time to address the
issues that had been raised by the Commission and residents.
11 . Commissioner Quill asked if staff had been able to find answers to
any of the Commission's issues. Community Development
Director Doug Evans stated staff had, and had also met with the
applicant to strongly encourage the applicant to meet with the
HOAs. Based on this conversation and the continuance request,
staff did not prepare a complete report for this meeting.
12. Commissioner Alderson stated he too had several engineering
questions and did not believe they could be addressed at this time.
He further asked if the date for continuance could be shortened.
Mr. Hargraves stated he had not seen any of the information staff
had found and time is needed to review that information. He
knows they can make the April 24th date, but he is not certain he
can do it before that date.
13. Chairman Kirk stated he would like to shorten the time for the
continuance. He asked if there was something i~ the record that
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suggested this land was not to be open space. Community
Development Directòr Doug Evans stated the original specific plan
will show it to be Tourist Commercial and as this has been refined
over time and the last subdivision map was approved, the property
was determined and labeled as open space. Staff's report will
show a difference of opinion with the applicant. They will argue it
was intended to be Tourist Commercial and staff will use the
record processed with the Specific Plan and the last decision of
the Commission and City Coun~iI that it was to be open space.
The Commission has asked the applicant to meet with the
homeowners and the applicant has not been able to do this yet
after two continuances. Chairman Kirk stated he is hesitant to
approve the continuance for the length of time requested when he
does not believe the applicant has made a good faith effort to
meet with the HOAs.
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14. It was moved and seconded by Commissioners Daniels/Quill to
continue Environmental A~sessment 2005-550, General Plan
Amendment 2005-106, Zone Change 2006-126, Specific Plan 83- I
002, Amendment #5, and Tentative Parcel Map 32752 project to
March 14, 2006. Unanimously approved.
Commissioner Ladner rejoined the Commission.
B. Continued - Tentative Tract Map 34185; a request-of Sienna Corporation
for consideration of the subdivision of 3.14 acres into ten residential lots
and other miscellaneous lots, for the property located 425 feet west of
Jefferson Street along the north bank of the CVWD Storm water Channel,
south of Fiesta Drive.
1 . Chairman Kirk asked for the staff report. Associate Planner
Andrew Mogensen presented the information contained in the staff
report, a copy of which was on file in the Community
Development Department.
2. Chairman Kirk asked if there were any questions of staff.
Commissioner Alderson asked where the residents would park
other than their driveways. Staff stated there is no on-street
parking, so the driveways would be the only parking areas.
3.
There being no further questions of staff, Chairman Kirk asked if
the applicant would like to address the Commission. Mr. Mike
Rowe, Sienna Corporation, asked that the new conditions added,
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#13, be amended to remove 11...to five feet in widthn; Condition
#64 they request a· six foot wall be allowed on Lots 1 and 10.
Staff stated the condition was not intended to restrict the rear
yards; staff has no objection to the applicant's request. Mr. Rowe
stated his last objection is to Condition #55 for a reduction in one
lot. They are following all the zoning regulations- and do not
believe the condition to reduce the tract by one lot is fair.
4. There ,being no further questions of staff or the applicant,
Chairman Kirk asked if anyone wanted to speak on this project.
5. Chairman Kirk asked if anyone else wanted to speak on' this
project. Ms. Sandy Wright, 79-859 Hummingbird Land, stated her
objection is safety as there is only one way in and out of their
area, especially during theconstruc~ion of Jefferson Street. They
do not even know if they will have access onto Jefferson Street
when the work is completed. Public Works Director Tim Jonasson
stated the plans for Jefferson Street show a right in and out and
left turn in off of Jefferson Street.
6.
Ms. Jamie Miller, 79-869 Hummingbird Lane, stated her concern is
with the traffic this tract will generate. She would like to have a
gate installed to slow the traffic do'wn. Also, she does not
understand the utility easemen~ issues. She has two utility poles
with transponders. When they have lost power, the utility
company has had access to their pole by going through this area.
If this project is built, how would the utility companies get access
to the utility lines? Chairman Kirk stated he did not believe a gate
will reduce the amount of traffic. He would be more concerned
living next door to a gate and having to deal with the noise
implications or cars stacking.
7.
Ms. Roberta Froemming, 79-865 Hummingbird Lane, stated she
had spoken with her neighbors on Roadrunner Lane and they were
never informed of this hearing. She too is concerned with the
amount of traffic that will be generated. She asked why all the
neighbors were not informed of the project. Chairman Kirk stated
the noticing requirement is for 500 feet of the project site. Ms.
Froemming stated she too is concerned about the utility access.
Also, where will the additional cars park?
8.
Commissioner Alderson asked why the parking lot was removed.
Staff stated the parking at the entry would not be reasonable
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considering the distance to the homes. Also, it was considered to
be a nuisance to the neighbors abutting along Fiesta Drive.
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9. Commissioner Quill asked how the neighborhood meeting went.
Staff stated 12 or so attended and some of the
suggestions/comments made at the meeting were: building
heights, off-site parking space, dust during construction, access
with Jefferson Street closed, utility access, and the length of the
cul-de-sé;'c. Suggestions offered were single story homes, reducing
the number of lots, a gate to reduce traffic, and dedicating Lots 4-
7 for a park.
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10. Commissioner Quill asked staff to explain the utility easem'ents.
Mr. Rowe stated there are easements along the rear of the existing
lots. Their utility lines for the new homes will be undergrounded.
The utility company will have access to the existing poles as
indicated on the map.
11 . Chairman Kirk asked if they had any intention of constructing an I
entry gate. Mr. Rowe stated no, but there is room to do so with
space for four or five car stacking. Staff stated that if the
Commission is going to recommend a gate, they do it now, but
staff would remind the Commission there are no gates in this area.
12. Commissioner Quill asked if staff knew the timeline for the
completion of the Jefferson Street bridge. Publi.c Works Director
Tim Jonasson stated the first half of the bridge should be
completed at the beginning of the summer and the entire bridge
will be completed approximately a year from now. Commissioner
Quill asked if the applicant would have any objection to not issuing
any building permits until the opening of Jefferson Street. Mr.
Rowe stated to delay a house till the bridge is constructed would
be unfair to them.
13. Commissioner Daniels asked if the City had any program to
purchase Lots 4-7 to make a park. Community Development
Director Doug Evans stated that if the area was designated on the
General Plan for a park, an argument could be made and there are
Quimby Funds to do so, but currently there are no plans for a park
in this area.
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14. Commissioner Ladner stated she would like to see the tract
reduced by one lot. She also would not support the construction
of a gate.
15. Chairman Kirk asked if the northern curb could be rolled so people
could park in the right-of-way. Public Works Director Tim
Jonasson stated Horseshoe Road and maybe Fiesta Drive are the
same width and have rolled curbs. It could be tried. Mr. Rowe
stated ~he parking will be restricted by the CC&Rs to not allow on-
street parking.
16. Commissioner Quill asked if there was anyway to underground the
utility poles for the existing homes so service would be provided ,
from the back. Public Works Director Tim Jonasson stated that is
how he read Condition #44. Community Development Director
Doug Evans stated utili~y companies will not underground in the
rear of the property because they have to trench and this will
affect the walls. They will 'move the service from the rear to the
street side. If the Commission has a strong preference,. staff
would have to consult with Imperial Irrigation District (lID) to see
their response. Mr. Chris Schultz, engineer, stated the condition
reads for the new units only.
17. Commissioner Quill asked the source of the electric power for
these lots. Mr. Rowe stated power exists on both sides of the
project and went on to explain where the power lines are located.
18. Ms. Elizabeth Uher-Hopkins, 79-885 Fiesta Drive, stated her lot
will now become the parking lot for any additional parking. She
would like to see the parking lot installed. Community
Development Director suggested the Commission require a two-
foot allowance behind the curb on the south side to allow parking
on the street and allow the CC&Rs to govern the project.
19. There being no further public comment, the public participation
portion of the hearing was closed and open for Commi.ssion
discussion.
20. Chairman Kirk asked if the Commission agrees with reducing the
project by one lot; reducing the tract by one lot; allowing a parking
walk; and no entry gate. Commissioners agreed.
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21 . It was m~ved and seconded by Commissioners Daniels/Quill to
adopt Planning Commission Resolution 2006-008, approving
Tentative Tract map 341 ~5, as recommended and modified:
a. Condition #13: as per liD requirements.
b. Condition #47b.1.: amended to add 'a two-foot allowance
behind the curb on the south side to allow parking on the
street and allow the CC&Rs to govern the project.
c. C~ndition #64: as reques~ed by the applicant
ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and
Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN:
None.
C. Variance 2005~033; a request of Mark Green for consideration of a
variance from Section 9.50.030. of the Zoning Code to allow the division
of a 12,000 square foot parcel into two 6,250 square foot parcels for the
property located on Avenida Obregon, 50 feet south of Calle Chillon.
1 .
Chairman Kirk asked for the staff report. Associate Planner
Andrew Mogensen presented the information contained in the staff
report,' a copy of· which was on file in the. Community
Development Department.
2. Chairman Kirk asked if a variance were granted, do all the findings
need to be made. If you are seeking a variance from the code, one
of the criteria for approving a variance is that it is consistent with
the Zoning Code. Is it possible to approve a variance? Assistant
City Attorney Michael Houston stated the concept of a variance is
absolving an owner of certain dimensional or setback requirements
in the Zoning Code for a unique piece of property. There may be
certain pieces of property where but for a particular setback it is
impossible to develop the property. The findings that need to be
made are that they are consistent with the general intent and
scope of the Code; not a particular provision.
3.
There being no further questions of staff Chairman Kirk asked if
the applicant would like to address the Commission. Mr. Mark
Green, owner of the property and applicant, stated his reasons for
the variance.
4.
Commissioner Quill noted how many of the lots in the area have
been merged and are similar in fact to his property.
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5. There being no further questions of the applicant, Chairman Kirk
asked if anyone else would like to address the Commission on this
project. Ms. Joan Rebick, 53-810 Avenida Cortez, representing
the Cove Association, stated her objections to the projèct.
6. There being no further public comment, the public participation
portion of the hearing was closed and the matter was opened to
Commission discussion.
7.
It was moved and seconded by Commissioners Alderson/Daniels to
adopt Planning Commission Resolution 2006-009 denying
Variance 2005-033, as recommended.
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ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and
Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN:
None.
D.
Site Development Permit 2003-795, Time Extension No.1; a request of
La Guinta Developers,LLC for consideration of a one year extension of
time for development plans involving three prototype single-family
residential units and landscaping for the property located at 80-600
Avenue 52.
1. Chairman Kirk. asked for the staff report. Associate Planner
Andrew Mogensen presented the information contained in the staff
report, a copy of which was on file in the Community
Development Department.
2. Chairman Kirk asked if there were any questions of staff. There
being none, Chairman Kirk asked if the applicant would like to
address the Commission. Mr. Michael Dixon, representing the'
applicant, stated he was available to answer any questions. They
have no objection to the conditions as recommended.
3. Chairman Kirk asked if anyone else wanted to speak on this
project. There being no further public comment, the public
participation portion of the hearing was closed and the matter was
opened to Commission discussion.
4.
It was moved and seconded by Commissioners Daniels/Alderson to
adopt Planning Commission Resolution 2006-010, approving Site
Development Permit 2003-795, Time Extension No.1, as
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recommended.
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ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, Quill, and
Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN:
None.
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VI. BUSINESS ITEMS: None
VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None.
IX. \ COMMISSIONER ITEMS:
A. Review of City Council meeting of February 7, 2006 was given.
X. ADJOURNMENT:
There being no further business, it was moved and seconded by Commissioners
Alderson/Daniels to adjourn this regular meetï'ng of the Planning Commission to a
regular meeting of the Planning Commission to be held on February 28, 2006. This I
meeting of the Planning Commission was adjourned at 8:44 p.m. on February 14,
2006.
Respectfully submitted,
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