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2007 01 23 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 23, 2007 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was reconvened at 7:00 p.m. by Chairman Quill who asked Commissioner Barrows to lead the flag salute. B. Present: Commissioners Ed Alderson, Katie Barrows, Rick Daniels, Jim Engle, and Chairman Paul Quill. C. Staff present: Community Development Director Doug Evans, City Attorney Kathy Jenson, Planning Manager Les Johnson, Principal Engineer Ed Wimmer, Principal Planner Wallace Nesbit, Assistant Planner Yvonne Franco, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: A. Mr. Robert Ancker, 51-300 Calle Hueneme, asked the Commission to address the setback issue in the Cove area. This item had been brought before the Commission and staff was directed to start the process some time ago. He is unable to complete the work on his house and pull permits until this issue is decided. Staff stated the time frame should be April before this amendment could be approved. Chairman Quill asked if he would be able to submit his house plans for plan check till this process took place. Staff stated they would work with the Building and Safety Department to see what could be done. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Quill asked if there were any changes to the Minutes of January 9, 2007. There being no changes, it was moved and seconded by Commissioners Daniels/Alderson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Environmental Assessment 2006-579, Specific Plan 2006-081, Tentative Tract Map 23060, and Site Development Permit 2006-873; G:IWPOOCSIPC Minutesl2007\ 1-23-07 .doc Planning Commission Minutes January 23,2007 a request of Laing Luxury Homes for consideration of development standards and guidelines for the development of 74 single-family homes, the subdivision of 28.33 acres into 74 residential lots as well as lots for private streets, retention basins, open space and recreation, and a site development permit to allow the construction of 74 single- family residential homes, for the property located on the northwest corner of Washington Street and Avenue 48 (extended). 1 . Chairman Quill opened the public hearing and asked for the staff report. Planning Manager Les Johnson presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Engle asked if Washington Street would be widened with this project. Staff stated there is no proposal to widen with the exception of a deceleration lane. 3. Commissioner Daniels asked if the Commission had ever reviewed a project where multiple suites were proposed on a single residential lot. Staff stated yes, such as The Tradition. Staff went on to explain some examples. Commissioner Daniels asked if staff was recommending any amenities be added by the applicant. Staff stated they had identified some items for their consideration in the staff report. Something that would be in harmony with their development that is more than an open area at one end of the project. Community Development Director Doug Evans stated earlier discussions had taken place for active recreation. Commissioner Daniels stated concern had been raised that there be no blasting of the mountain. Staff stated there will be no activity on the adjacent property and there would be no blasting of the mountain. 4. Commissioner Barrows asked what will happen on the sand dune. Staff stated most of the sand dune is on the open space. There is a small area where the three tier wall will be constructed. In order for them to grade and utilize the property it does require the three tier wall which will require some earth work at the base of the dune. Commissioner Barrows asked if there were any conditions relative to keeping the sand from moving from the adjacent property. 5. Commissioner Alderson asked if the Big Horn Sheep Habitat was protected within the Specific Plan. Staff stated it was. 2 Planning Commission Minutes January 23, 2007 Commissioner Alderson asked if staff recommendation was based on there being a resolution with the Church to the north. Staff stated if the access agreement with the Church is not resolved it will require a redesign of the project and would allow only one access, which would be a right-in/right- and would require a secondary emergency access. Commissioner Alderson noted the cost of the signal will vary depending on whether or not this access is resolved; will there be a signal at the main entry with a four-way signal and none at the north end? Staff stated just the opposite. The signal will be a shared access with the Church to the north. Commissioner Alderson asked about the condition regarding the 15-foot front yard setback for the Hacienda unit garages and questioned if it should read 20 feet. Staff stated Site Development Permit Condition No. 20 would be amended to say "perpendicular". 6. Chairman Quill asked if there was a five foot setback on both the front, rear, and side yards. Staff stated that was correct. Chairman Quill stated his concern about the slopes on the Church property that could not be graded which will cause some problems with the tract drainage. Principal Engineer Ed Wimmer stated the applicant has told staff there is a cooperative agreement with the Church to allow them to submit "At Risk" plan checks. Staff has reviewed the plans based on this information, Community Development Director Doug Evans stated that because of the amount of encroachment onto the Church property, if this plan does not work, it will require a new map. Chairman Quill asked the distance between this signal and the one at Avenue 48, and the one to the north. Staff stated the signal at Lake La Quinta Drive is in the City's program. He does not know the exact distance between the signals. Laing is required to pay 25% of the cost of this signal. If the access with the Church is not successful, Laing would still pay 25% of the cost of the signal. Chairman Quill asked about the retention basins. Staff stated they are required to dissipate all water within 72 hours. Chairman Quill asked if all the signals between Eisenhower Drive and Highway 111 will be coordinated. Staff stated the Public Works Department is working on a Master Plan for the entire City. Chairman Quill asked the difference between this project and the Foxx project. Staff noted the pad elevations is the greatest change. Drainage issues were discussed further. 3 Planning Commission Minutes January 23, 2007 7. Commissioner Barrows asked if the sidewalk as designed would allow bicycle travel. Planning Manager Les Johnson stated the sidewalk will be expanded to 12 feet to accommodate a golf cart. This is different than the sidewalk in front of Laguna de la Paz which is eight feet. 8. Commissioner Alderson asked if the determination had been made whether or not there will be a bus stop at this location. Staff stated it is at the discretion of Sunline Transit. 9. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. A. J. Jarvis, representing the applicant, gave a presentation on the project. He did state that all issues had not been resolved with the Saint Francis of Assisi Church. They would like to discuss Condition 52. The site is as low as it can be. This map is lower than the previously approved map. It should have a minimal impact on the adjacent Laguna de la Paz tract. They are requesting relief from this condition. The second Condition is the elevation of the slope and fence along Washington Street. They request to have the 12 foot height. There are setback and if the wall and berm height are reduced the homes will be able to see traffic along Washington Street. Lastly, there is an open fence facing Laguna de la Paz and they would like to request a four foot fence on top of a four foot berm to protect the view for Laguna de la Paz. 10. Commissioner Alderson asked if they were intending to install an additional fence adjacent to the existing fence with Laguna de la Paz. Mr. Jarvis stated they intend to remove the existing wall and build the new one. Their property is lower; this site is three to nine feet above the adjacent property. 11 . Chairman Quill asked how the drainage was to be handled along this wall. Mr. Jarvis stated they believe there is very little drainage and if any part of the slope fails, they will replace it. 12. Commissioner Alderson asked staff's opinion of the perimeter fence and berm. Staff's opinion was that the wall height was too high. Commissioner Alderson stated that if the wall was lowered he would also want the tower lowered. Mr. Jarvis stated they would want the tower to be in scale with the wall. 4 Planning Commission Minutes January 23. 2007 13. Commissioner Barrows commended the applicant on the design of the project. In regard to the west side of the project, is the wall system going to address the sand dune. Mr. Jarvis stated it will be disclosed to the buyers. They are confident there will be no problems due to the amount of drought tolerant plant material they intend to use. Commissioner Barrows asked the applicant to elaborate on the energy efficient design. Mr. Jose Welty explained the Energy Star Program they intend to use. 14. Chairman Quill asked where they were in negotiations with the Church. Mr. Jarvis stated they anticipated the Church would build first. Unfortunately, the Church is not as far along with their plans as they are on their plans and they do not know when the Church will be ready. Their intent is to resolve the issues with the Church. Chairman Quill asked how they intend to install the easement. Mr. Jarvis stated they intend to use the alleyway. He went on to explain where they would be installed. Chairman Quill asked about the plant palette along Washington Street. The landscape architect identified there would be turf between the sidewalk and curb. The remainder will be drought tolerant planting. 15. Chairman Quill asked if there was any other public comment. Mr. Art Drazy, Laguna de la Paz homeowner, stated he agreed with the Commission that the height of the wall should be reduced. 16. Mr. David Prest, Prest Vuksic Architects, architect for the Church stated they are concerned with the grading to accommodate the grade change on the Laing property. They intend to stay close to the existing grades. In regard to access, they would prefer not to enter into an agreement for an access. 1 7. Chairman Quill asked why St. Francis was against the joint access with a signal. Mr. Prest stated that looking at the site plan, it was determined that anyone wanting to go north would use the northerly access and it would become the primary access. Secondly, the design of the primary access has several issues including the turnaround space. 18. Commissioner Alderson asked if the secondary access would help them with the grade differences. Mr. Prest stated the two issues are not related. They anticipate their future development will stay with the existing grade. 5 . Planning Commission Minutes January 23, 2007 19. Commissioner Daniels asked the timeframe of the Church development. Mr.Prest stated the parking lot is currently in the City for review with a retention basin along Washington Street, and removal of the frontage street. This should be done sometime this year. 20. Chairman Quill asked if Mr. Jarvis would like to address these concerns. Mr. Jarvis stated they are concerned that the Church has changed their site plans. If they do not allow them to grade on the Church property they would like to construct the retaining wall similar to the retaining wall at the west property line. 21. Commissioner Alderson asked about Condition 21. If the applicant were to redesign the map with a secondary access for emergency access only, the condition would need to be changed. As currently designed, a moving van would not be able to make it in and out of the main entryway. Mr. Prest stated that given their choice the Church would prefer not to have the shared access. 22. Chairman Quill stated the sensible right thing to ao is to have the four-way access and he would hope the Church would consider it. 23. Commissioner Alderson stated that until this decision is made, it is hard to approve this project as submitted. 24.' Commissioner Barrows clarified staff's recommendation for the wall was eight feet. Staff stated that was correct. Commissioner Barrows asked if the height of the tower is 28- feet. Staff stated the tower is identified in the Specific Plan at 28 feet. If the Commission wants to change the height, a condition would need to be added to the Specific Plan. Commissioner Barrows asked that a condition be added that no turf be used between the sidewalk and wall. 25. Commissioner Daniels stated his concern regarding the grading. 26. Chairman Quill asked if they do not obtain grading rights from the adjacent property owner, what is their alternative? City Attorney Kathy Jenson stated an alternative would need to be provided. You have an unrealistic elevation plan before the Commission. If they cannot satisfy the condition, they will not 6 Planning Commission Minutes January 23, 2007 be able to final the map. The Commission can provide two alternatives for the approval. 27. Commissioner Daniels commended the applicant on the design of the project. He supports lowering the berm. Community Development Director Doug Evans stated they were unaware of the problem between the two property owners in regard to the grading issues. 28. Chairman Quill stated there appears to be enough issues that cannot be resolved that he would prefer to continue this item. He would like to confirm that there will be no turf off of Washington Street, the height of wall shall be eight feet from the top of curb off Washington Street. He would request the applicant and the Church get together to resolve this issue or return with a grading plan to resolve the issue. Community Development Director stated the grade differential in some places may be as high as 20 feet on the north property line. The Commission could approve the project with stipulations to meet staff's recommendation. Mr. Jarvis stated he believes they could build a two tier retaining wall to meet staff's approval. 29. There being no further discussion or other public comment, Chairman Quill closed the public participation portion of the hearing. 30. Chairman Quill stated the shared access is very important to him. He asked if there were a way to encourage the Church to allow the access. Community Development Director Doug Evans stated there should be the ability to work with the Church during the site development permit process to resolve the problem on the access. The challenge will be the timing. 31. There being no further discussion, it was moved and seconded by Commissioners Engle/Daniels to adopt Planning Commission Resolution 2007-002 recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2006-579, as recommended. ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. None. ABSTAIN: None. Daniels, ABSENT: 7 Planning Commission Minutes Jafluary 23, 2007 32. It was moved and seconded by Commissioners Engle/Barrows to adopt Planning Commission Resolution 2007-003 recommending approval of Specific Plan 2006-081, as recommended and amended: a. Condition 3.a. The Specific Plan shall be amended to allow for the Hacienda units to have a minimum front yard building setback of 15 feet except for garages, which shall have a minimum front yard setback of 20 feet. Garages oriented parallel to the fronting street shall have a minimum front yard setback of 15 feet. b. Condition 3.1. added: All reference made to the entry tower height exceeding 22 feet shall be removed limiting the building height to a maximum of 22 feet. ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. None. ABSTAIN: None. Daniels, ABSENT: 33. It was moved and seconded by Commissioners Barrows/Alderson to adopt Planning Commission Resolution 2007-004 recommending approval of Tentative Tract Map 35060, as recommended and amended: a. Condition 21. Replace with: In the event that the applicant is unable to secure access easement with Saint Francis of Assisi Church, Tentative Tract Map 35060 shall be redesigned to provide a secondary emergency access and egress as approved by the Riverside County Fire Department. Additionally, ingress and egress at the Primary Entry shall be provided for a 45-foot minimum design turning radius moving van as approved by the Community Development Department and Public Works Department. b. Condition 26.A.2. Replace with: The applicant shall install the traffic signal at the proposed shared access drive at the Washington Street/Lake La Quinta Drive intersection. The applicant is subject to a maximum of 75% reimbursement from available funds in the City's Development Impact Fee Program for the cost to design and construct the traffic signal. The applicant shall enter into a DIF Reimbursement Agreement with the City of La Quinta concurrent with the Subdivision Improvement 8 Planning Commission Minutes January 23. 2007 Agreement for the Final Map for the amount specified in the DIF Program in effect at the time the traffic signal is accepted b the City Council. Associated with the traffic signal installation, the applicant shall install all necessary traffic signal equipment and appurtenances to interconnect the proposed traffic signal with the existing traffic signals at the Washington Street/Avenue 48 and Washington Street/Avenue 47 intersections. The traffic signal shall be designed for an eight phase operation as split phasing is undesirable. c. Condition 26.C. Add the following: In the event that the applicant is unable to secure access easement with Saint Francis of Assisi Church, Tentative Tract Map 35060 Items 1. and 2. shall not be applicable. d. Condition 35.1. Add the following to the second to last paragraph: The accessibility requirements pertain to any public accessible facilities to include model homes and recreational amenities provided for the development and not to single-family residences excluding model homes. e. Condition 42. Amend second paragraph to read: Of-Site Improvements should be completed on a first priority basis. The applicant. shall complete Off-Site Improvements including the traffic signal at the Washington Street and Lake La Quinta Drive/proposed shared access drive intersection in the first phase of construction or by the 20% Building Permit (15th home). f. Condition 52. Replace with the following: Building pad elevations of perimeter lots shall not differ by more than on foot higher from the building pads in adjacent development, particularly along the southerly boundary. Therefore, the applicant shall redesign the southerly portion of the development to conform with the aforementioned condition or submit an approval letter from the Laguna de la Paz Homeowners' Association accepting the grade differential shown on the approved Tentative Tract Map 35090, or as approved by the City Engineer and Community Development Director. g. Condition 54. Replace with the following: Prior to any site grading or regarding that will raise or lower any pad elevations by more than plus or minus three tenths of a foot from the elevations shown on the approved Tentative Tract Map, the applicant shall submit the proposed grading changes to the City for a substantial conformance review. 9 Planning Commission Minutes January 23, 2007 h. Condition 56. Replace with the following: The applicant shall comply with the provisions of Section 13.24.120 (Drainage). LQMC Retention Basin Design Criteria, Engineering Bulletin No. 06-16 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 01-015 Underground Retention Basin Design Requirements, unless otherwise approved by the City Engineer. More specifically, storm water falling on the site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the three hour, six hour or 24 hour event producing the greatest total run off. The tributary drainage area shall extend to the centerline of adjacent public streets and shall also accept upstream tributary flows for this regional sag location on Washington Street. Storm water handling for Washington Street may require additional drainage facilities to be constructed. I. Condition 58. Replace with the following: In design of retention facilities, the percolation rate will be considered to be zero, unless otherwise approved by the City Engineer. j. Condition 59: Deleted k. Condition 62. Replace with the following: For on-site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-016 - Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems, unless otherwise approved by the City Engineer. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin, unless otherwise approved by the City Engineer. I. no turf between curb and sidewalk. m. Condition added: retaining wall that meets the City approval. ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. None. ABSTAIN: None. Daniels, ABSENT: 10 Planning Commission Minutes January 23, 2007 34. It was moved and seconded by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2007-005 recommending approval of Site Development Permit 2006-873, as recommended and amended: a. Condition 20. The Hacienda units shall have a minimum front yard building setback of 15 feet except for garages, which shall have a minimum front yard setback of 20 feet. Garages oriented parallel to the fronting street shall have a minimum front yard setback of 15 feet ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. None. ABSTAIN: None. Daniels, ABSENT: B. Continued - Street Vacation 2006-043 a Portion of Public Utility Easement located within Desert Club Tract Unit 4; a request of the City to vacate a potion of Main Street north of Avenida La Fonda for Nispero Properties. 1 . Chairman Quill opened the public hearing and asked for the staff report. Principal Engineer Ed Wimmer presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Chairman Quill asked if there were any questions of staff. There being no questions of staff, the applicant, nor any public comment, Chairman Quill closed the public participation portion of the hearing. 4. There being no further discussion, it was moved and seconded by Commissioner Daniels/Alderson to adopt Planning Commission Resolution 2007-006 approving Street Vacation 2006-043, as recommended: ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. None. ABSTAIN: None. Daniels, ABSENT: VI. BUSINESS ITEM: A. Notice of Public Nuisance Case No. 2006-5204; a request of Jeffrey S. and Ardis L. Manning for an appeal of a Public Nuisance regarding the violation of a recreational vehicle encroaching on the City right-of- 11 Planning Commission Minutes January 23, 2007 . way without a permit, parking in a location not zoned for vehicular parking, being improperly stored on a residential property, and a patio cover that violates the exterior side yard setback for the property located at 52-715 Avenida Navarro. 1 . Chairman Quill asked for the staff report. Staff asked the Commission to continue this item to its meeting of February 13, 2007. 2. There being no discussion, it was moved and seconded by Commissioners Daniels/Alderson to continue Public Nuisance Case No. 2006-52 to February 13, 2007. Unanimously approved. B. Sign Application 2006-1073; a request of Ultrasigns Electrical Advertising for consideration of a business identification sign for PETCO to be located on the north side of Highway 111, west of Adams Street, within the One-Eleven La Quinta Shopping Center. 1 . Chairman Quill opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Engle asked why the applicant did not follow the permit process. Staff clarified they installed the sign while working with staff for approval. A double fee penalty will be applied to the permit when issued. 3. Commissioner Alderson asked how far they were over the Code requirement. Staff explained they have worked with applicants to reach a norm that works. 4. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Howard Hough, representing Ultrasigns Electrical Advertising, apologized for circumventing the processing procedure and explained how it happened. They would suggest removing the logo to have 80 square feet. 5. Commissioner Daniels asked why they were moving the sign down behind the tree. Mr. Hough stated the grooming department is on the right side of the store. 12 Planning Commission Minutes January 23, 2007 6. There being no further discussion or other public comment, Chairman Quill closed the public participation portion of the meeting. 7. There being no further discussion, it was moved and seconded by Commissioners Barrows/Daniels to adopt Minute Motion 2007-001, approving Sign Application 2006-1073, as recommended. Unanimously approved. C. Sphere of Influence - Riverside County SOI-R-02 Tentative Tract Map 34536-Joe Birdsell (County Application); Planning Commission review and comment on a project proposed in the City's North Sphere of Influence located at the southwest corner of Darby Road and Adams Street. 1 . Chairman Quill opened the public hearing and asked for the staff report. Principal Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Alderson asked if the 25 foot setback along Darby Road and Adams Street was the rear yard. Staff stated Starlight Dunes was originally approved by the City when the zoning was similar to County standards. If this project were proposed in the City, they would be required to widen the street and have a 20-foot rear yard setback. Commissioner Alderson asked the material to be used on the roof. Staff stated it is tile. 3. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Douglas Birdsell, representing the applicant stated they were available to answer questions. Mr. Art Gardner, engineer for the project, stated the alleyway continuing east along Darby Road will be redesigned with the development of the tract to the north. It will be a T-intersection, but modified. 4. There being no further discussion or other public comment, Chairman Quill closed the public participation portion of the meeting. 13 Planning Commission Minutes January 23, 2007 5. There being no further discussion, it was moved and seconded by Commissioner Daniels/Alderson to adopt Minute Motion 2007-002 confirming staff's recommendations. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Discussion regarding the Minor Use Permit process. Staff informed the Commission that staff is preparing an Amendment to change this process. B. Report on the City Council meeting of January 16, 2006. C. Chairman Guill asked if the City was submitting a letter on the Avenue 62 project. Staff stated the City was submitting a letter and has requested a copy of the traffic study. D. Staff informed the Commission of the next Vista Santa Rosa Community Workshop on February 3, 2007 at the La Guinta Senior Center. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Alderson/Daniels to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on February 27, 2007. This meeting of the Planning Commission was adjourned at 10:01 p.m. on January 23, 2007. Respectfully submitted, ~ Bett wyer, Executive Secretary City of La Guinta, California 14