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2007 11 27 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 27, 2007 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Alderson who led the flag salute. B. Present: Commissioners Katie Barrows, Jim Engle, Paul Quill, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Assistant City Attorney Michael Houston, Planning Manager David Sawyer, Principal Planner Stan Sawa, and Management Assistant Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Alderson asked if there were any changes to the Minutes of November 13, 2007. There being no changes, it was moved and seconded by Commissioners Barrows/Engle to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Site Development Permit 2007-896; a request of Coachella Valley Recreation and Park District (CVRPD) for consideration of Phase 1 development plans (passive Public Park, Trails, and Interpretive Center) for the "Coral Mountain Discovery Park to be located at the southeast quadrant of Jefferson Street and Avenue 58. 1 . Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Stan Sawa explained staff was requesting a continuance to allow the applicant time to obtain the property owner's signature on the application. 2. There being no questions of staff, it was moved and seconded by P:\Reports - PC\2007\12-1 1-07\1 1-27-07 Minutes.doc Planning Commission Minutes November 27,2007 Commissioners Barrows/Quill to continue Site Development Permit 2007-896 to December 11, 2007. Unanimously approved. B. Site Development Permit 2007-895; a request of K. Hovananian Homes for consideration of architectural and landscaping plans for three prototypical residential plans for use in Tract 30092 (Piazza Serena) located at the northwest corner of Monroe Street and Avenue 58. 1 . Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Staff was recommending a condition be added stating, "The developer shall put notice in the sales office and all potential buyers of units in the tract that the Plan 1 unit may have a optional upper floor skydeck." Also, Condition 11 be amended to read, "A plot plan showing the location of all Plan 1 units shall be approved by the Planning Director prior to issuance of a building permit." 2. Chairman Alderson asked if there were any questions of staff. Commissioner Engle asked for clarification on the letter from Mr. John Gillete. Commissioner Quill clarified he was objecting to the skydeck as he was told there would be no second story units constructed. 3. Commissioner Quill asked what was directly to the west of the tract. Staff stated the Imperial Irrigation District Substation and corporate offices to the north is the Capistrano tract that is under construction. 4. Chairman Alderson asked if the applicant was aware of staff's recommendation to changing out the tree variety. Staff stated they were and had no objection. 5. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. James Crandall, representing K. Hovananian Homes, stated they had no objection to replacing the tree variety. In regard to the condition staff is recommending, they have not seen the revised condition in regard to circulating a letter to the proposed buyers regarding the skydeck. 6. Commissioner Quill asked if he had seen the letter from Mr. 2 Planning Commission Minutes November 27,2007 Gillette and did he understand whether or not there was ever a disclosure made by K. Hovananian regarding there would be no second story units constructed. Mr. Crandall stated he was not aware of any such disclosure. Commissioner Quill asked if there had been any discussions with the tract to the north. Mr. Crandall stated they had not. Commissioner Quill asked if they were aware of the new CVWD water requirements as their plans show a lot of lawn. Mr. Crandall stated he was aware of the new requirements and would be reducing the lawn area as required. 7. Chairman Alderson stated the Commission is very sensitive to second story units that allow views into the backyard of a neighboring unit. It appears that the location of the Plan 1 units will cause this problem. 8. Commissioner Wilkinson asked if on the original conditions were there any conditions stating height maximums or two story homes. Staff stated they did not believe there were any such conditions. 9. There being no further questions of the applicant, Chairman Alderson asked if there was any other public comment. Mr. John Pedalino, representing Desert Elite, stated they are the developers to the north and have four homes in escrow that abut this project and are requesting that no Plan 1 with a skydeck be allowed to be constructed adjacent to their project. 10. Mr. Troy Hefner, 57-850 Resedenza Court, stated his concern is the drainage issues on the existing lots and they have not been able to get any resolution from the contractor regarding the installation of a drywell to resolve this problem. It is currently a swamp and it should be resolved before any new units are constructed. 11. Mr. Mark Yacullo, 81-769 Del Serenata Drive, stated he has the same concern with drainage problem as there is water and mud on the streets now. If new houses are built, it will only increase the problem. 12. Commissioner Quill asked if the streets are muddy and is this from not being cleaned or from the dry well problem. Mr. Yacullo stated the developer has cored through the curbing and the lots are now draining into the street causing the muddy streets. 3 Planning Commission Minutes November 27,2007 Commissioner Quill asked what his opinion was of the entire development. Mr. Yacullo stated his back yard is flooded because of the sprinklers from the perimeter landscaping shoots into his lot. There are several issues of concern regarding the landscaping and they cannot get any resolve from the developer as the developer says the City will not allow him to change it. 13. Mr. Brett Picano, 57-810 Residenza Court, stated he had worked for the sales office at the time the units were being sold and they were never told there would be two story units or skydecks. In regard to Commissioner Quill's question, there is zero maintenance in the community. They do not trim the trees or reseed the lawns. His greatest concern is the skydecks. Additionally, he objects to the model parking lot they intent to construct right behind his home. 14. Commissioner Quill asked if he sold these homes for K. Hovananian, and he gave assurances there would be no second story units or skydecks constructed. He reviewed the lots that were sold during the time he worked there. 15. Commissioner Wilkinson asked if he was given any material from the developer as to whether second story units would be built. Mr. Picano stated they were never told anything from the developer but based on the brochures and materials supplied by K. Hovnanaian, as well as the Plan options they were promoting at that time. They were never given any disclosures or training in regard to selling the units. 16. Mr. John Downs, 81-823 Del Serenata, stated his concern was the retention basin. He was the first person to move in and the water problem has been there since he moved in. It is an eyesore and a health hazard to the community. He is also concerned that the size of the new proposed homes will devalue their homes as they are smaller. Lastly, the size of electrical lines that come into the tract run down the back of his house. These power lines are so strong his neighbor was electrocuted. Palm trees have been planted directly in line of the power lines. The maintenance of the tract is horrible. The sprinkler lines are working off extension cords. He is a member of the HOA and for two years they have fought with the developer and cannot get any cooperation. 4 Planning Commission Minutes November 27, 2007 17. Commissioner Quill asked where the power lines are located. Mr. Downs stated the power lines run along Avenue 58. They were there before the tract was constructed, but were moved after they moved in and in some instances they are in the back yards. Commissioner Quill stated liD normally has a 50-foot prohibition on any trees being planted that would interfere with the power lines. Mr. Downs stated the elevation of the property and the way the property was graded to drain does not work. The dirt is clay and there is no percolation so the water does not drain. 18. Chairman Alderson asked the location of the palm trees. Mr. Downs stated they are around the entire project. They are off-site, but under the power lines. 19. Commissioner Wilkinson asked the location of the retention basin. Mr. Downs stated they are Lot 1 and G. 20. Mr. Troy Hefner stated he was one of the last buyers in this tract last December, and as far as he knows no two story units were ever disclosed. 21. Mr. Mark Yacullo stated he did go to liD and was told the land where the palm trees are located was dedicated to the City. He knows the power lines were moved since they built their pool and have been shocked while in their pools. liD has stated to him it is the responsibility of the City. 22. Commissioner Quill asked legal counsel if liD didn't have to have an easement at least 20 feet from the centerline of the pool. Assistant City Attorney Michael Houston stated liD easements typically allow them to locate the poles within their easements. If they are outside their easements, then there is a problem. Commissioner Quill asked staff to verify where the easement is and the location of the poles and palm trees. 23. Ms. Sherry Brown, 57-768 Cantano Drive, stated her concern is the size of the new models and the impact this will have on their market value in the future. She also agrees with all comments regarding the retention basin and lack of drainage. She asked who the streets belong to as they have blocked off access to the streets with the empty lots and were told th'ey are not allowed to walk around neighborhood. 5 Planning Commission Minutes November 27, 2007 24. Commissioner Quill asked if all the streets are paved. Ms. Brown stated yes, in their section only. Commissioner Quill asked if the street was capped. Ms. Brown stated only in their section. 25. Ms. Amelia Vasquez, 57-770 Resedenza Court, stated she also is a part of the HOA and at every meeting since she moved in they have brought up the concern of the retention basin and have been told every time they will fix the problem. Two years later they still have no answer or resolution to resolve this problem. She would hope the Commission would not approve this tract until these problems are resolved. 26. Mr. Brett Pica no stated the streets are capped on all the finished products, but they still have potholes. They repaired the curbs, but they still have left holes in the curbs. 27. Commissioner Quill asked if the streets have been finaled and have the bonds been released for the first phase. Staff stated they were unaware, but will obtain an answer from Public Works Department. Mr. Pica no stated they asked the developer about the streets and were told the streets were the responsibility of the City. Commissioner Quill stated the HOA owns the streets and the bonds will cover the repair. 28. Chairman Alderson asked if the developer has representation on the Board. Mr. Vasquez stated they are the majority on the board and they have changed their members three times. 29. Chairman Alderson asked if the applicant would like to address some of the concerns raised. Mr. Crandall sated they are working with a civil and soils engineer to solve the retention basin problems and will have that answer within the week. Adding a dry well will not solve the problem. In regard to capping the streets, there is no way to cap them where the lots are not finished. The houses that are finished are capped. He is not aware of the power lines or the location of the palm trees, but he will look into at the final map. He is aware of the high turnover on the HOA board due to the market changes, but he is willing to look into all these issues to resolve them. 6 Planning Commission Minutes November 27, 2007 30. Commissioner Quill stated K. Hovnanian should be ashamed of their actions for letting this tract go this bad and they should be asking for a continuance as he will not support any request at this time. 31 . There being no public comment, the public hearing was closed and open for Commission discussion. 32. Commissioner Engle stated the issues raised by the homeowners should be addressed and perhaps a continuance is in order. 33. Commissioner Barrows stated she would like staff to clarify what action the Commission can take in regard to the issues raised. Planning Director Les Johnson stated a continuance would allow staff to look into the issues raised and report back to the Commission on what actions could be taken. 34. Chairman Alderson suggested the next time the applicant comes before the Commission they bring their landscaping, grading and engineering representatives. He would also like to know if the bonds have been released for the streets. 35. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to continue this to December 11, 2007. Unanimously approved. BUSINESS ITEMS: None CORRESPONDENCE AND WRITTEN MATERIAL: A. Chairman Alderson reviewed his letter to staff in regard to dust problems. COMMISSIONER ITEMS: A. Commissioner Quill asked the status of the Golf Cart Ordinance. Staff stated Phase 1 was presented and approved by Council, but the second reading of the Ordinance was not held to allow striping and signage on the streets, as well as licensing of the golf carts. The second reading should be in December and the improvements done so the Plan could be implemented. Staff reviewed the routes proposed for Phase 1. 7 Planning Commission Minutes November 27, 2007 B. Commissioner Quill stated the City lacks the ability to advertise events in the City, such as the Village even if it is temporary signage. Without the ability to get this information out, we are defeating the purpose of promoting La Quinta where we can get the most exposure. Staff stated such advertising would encompass several departments in the City. Staff is currently reviewing signage for the Village. To date, we have not focused on any community advertising where temporary signage could be utilized to announce community events/functions. Staff can look into this and report back to the Commission. C. Commissioner Barrows asked when the Commission would receive a report on the "Green" efforts. Staff stated this report would be presented at the second meeting of the Council in December. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Wilkinson to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on December 11, 2007. This regular meeting was adjourned at 8:24 p.m. on November 27,2007. Respectfully submitted, 8