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2008 01 22 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA January 22, 2008 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 asked Commissioner Engle to lead 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 Engineer Ed Wimmer, Principal Planner Stan Sawa, Associate Planner Jay Wuu, Management Assistant Betty Sawyer, Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None. III. PRESENTATION: None. IV. CONFIRMATION OF THE AGENDA: Confirmed. V. CONSENT ITEMS: A. Chairman Alderson asked if there were any changes to the Minutes of January 8, 2008. There being none, it was moved and seconded by Commissioners Quill/Wilkinson to approve the minutes as submitted. Unanimously approved. VI. PUBLIC HEARINGS: A. Site Development Permit 2007-895; a request of K. Hovnanian 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. P:\Reports - PC\2008\2-12-08\PC Minutes 1-22-08.doc Planning Commission Minutes January 22, 2008 1 . Chairman Alderson opened the public hearing and asked for the staff report for the continued item. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Planning Department. Planning Director Les Johnson clarified that Condition # 14 was written to apply to both retention basins. Staff spoke with the applicant and they have made improvements to the main retention basin pond. We are still requiring Public Works to approve that work and if they are accepting of the improvements they will inform the applicant. 2. Chairman Alderson asked if there were any questions of staff. Commissioner Wilkinson asked what would constitute a functional retention basin; what type of verification studies would be required. Principal Engineer Ed Wimmer stated the functional standard for all retention basins is that all the standing water is cleared in 72 hours. He explained what the applicant has submitted to reach this level, but staff has not reviewed it yet. Commissioner Wilkinson asked about the irrigation standpipe. Staff replied they have not looked at it, but globally, a retention basin should be designed to hold a 100 year storm, so the argument is rejected because it does not matter where the water comes from but that the retention basin can handle a 100 year storm. Staff is looking only at the operation that it will handle the water for a 100 year storm. Commissioner Wilkinson asked about the power lines that were over a swimming pool and asked if the staff reviewed whether this was legal. Planning Director Les Johnson stated it was not discussed with the Building & Safety Department, who issued the permit, but staff was confident the permit and site inspections were done. The City's liability is not applicable as it pertains to the permit before the Commission. City Attorney Michael Houston stated that if there is a violation of an easement right, CVWD can require the property owner to exercise their rights. Therefore, it is not an issue for the City to resolve. 3. Chairman Alderson asked if staff knew how much water came from the standpipe. Staff stated they did not have that information, but the applicant should. 4. Commissioner Quill stated that the applicant's letter said the basins were designed per standard 370 as stated in a memorandum on file, dated October 12, 1998 from the City, dry wells are discouraged because the dry well designed failed to 2 Planning Commission Minutes January 22, 2008 percolate the water and caused chambers to become clogged with mud and other debris and asked what the applicant was referring to. Principal Engineer, Ed Wimmer gave an explanation of the function of a knock-out chamber. Staff explained that at the time the retention was constructed the state of the art methods did not include the new acceptable design. 5. Commissioner Wilkinson asked what was to be at the bottom of the basin when completed. Planning Director Les Johnson stated it was not designed to have turf, but an earthen bottom floor. They are proposing to turf the slopes but leave the floor an open dirt floor. 6. Commissioner Quill stated the Commission approved a dirt basin when the landscape basin was approved. It appears it was a seed mix. Planning Director Les Johnson said he believes it was a seed base or Decomposed Granite mix. 7. Chairman Alderson clarified the use of the two retention basins. Staff agreed with his clarification. The applicant has cleaned out the basins to function correctly, but the landscaping is still needed. On the smaller retention basin the applicant has agreed to study the problem and will do whatever is needed to solve the problem. Staff stated Condition No. 14 requires the applicant to correct both basins. 8. 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. Hovnanian Homes, stated the irrigation has been repaired and the turf areas overseeded as of January 10'h. He added they will have a botanist verify whether the trees are dead or dominant. Streets have been repaired and capped where there are existing homes. In regard to the retention basins, the large basin has been cleaned and is functioning correctly and will be reseeded. They have contacted the Coachella Valley Water District to see if they can turf the bottom and were told they could not. The smaller basin was not designed to accept the CVWD blow off water. They have had discussions with CVWD and they do plan to cap off the standpipes. They will seed the slopes of both basins. In regard to liD, they have no problem with the trees; when the trees reach the power lines, liD will 3 Planning Commission Minutes January 22, 2008 contract to trim them. liD has also agreed to meet with the homeowners and they will facilitate the meeting. In regard to City Standard 370, the dry well was not the standard then. 9. Chairman Alderson asked if there are any questions of the applicant. Commissioner Quill asked if they had an approved landscaping plan by CVWD and does have planting in the bottom of the basins and not dirt. In their letter, they state that some of the issues raised at the meeting are not pertinent to the Commission, but are between them and the Homeowners' Association. Commissioner Quill asked for clarification that the applicant was stating the issues that have been raised should not be them and the City, but the HOA and the applicant. 10. Chairman Alderson asked legal counsel where the legalities lie in the City's obligation and the City's right to proceed. Assistant City Attorney Michael Houston replied there are two mechanisms by which the City can look to reaffirm prior conditions or to condition the current approval. First is the SDP process, pursuant to the City's code the PC must make findings that the site design including but not limited to project entries, interior circulation, pedestrian and bicycle access, amenities, screening of equipment, exterior lighting and other site design elements are compatible with the surrounding developments and with the quality prevalent in the City. If the Commission were to determine that the project, either as proposed, or as conditioned met those findings, they could approve it. If they determine it did not, they would have the right, ability, or authority to reject or condition the project such that it could meet those findings. The second is to look to violations that could be handled by Code Compliance. Chairman Alderson stated that most of the issues that have been raised relate to safety issues which are the purview of the Commission. 11. Commissioner Wilkinson asked what type of planting was to be in the bottom of the basins. Mr. Crandall stated he did not know. Commissioner Wilkinson stated this is the third meeting and they still do not have the answers the Commission has been requesting. He then asked if there had been a soils report prepared for the retention basin. Mr. Crandall stated the original soil report verified percolation for that basin. 4 Planning Commission Minutes January 22, 2008 12. Chairman Alderson asked what reports had been prepared for this meeting with reference to the retention basins. Mr. Dan Bolt, 1500 South David, Ontario, California, representing K. Hovnanian Homes, gave a report on the study that was done. He noted that the report did require the basins to be disced and they have not been doing that. The alternative to planting the bottom was to plant alfalfa. They will see if this works. They hope to have this by March 1 st. On the small basin the basin can be extended another 1 5 feet. They are trying to determine the depth of the drywell and will install a dry well and see if the leach lines will accommodate two wells. The basin is designed to have an overflow route and this one is designed to overflow into the larger basin in the middle of the tract. The large basin is functional and they will be doing better to maintain it. 13. Commissioner Quill asked if anyone has spoken with CVWD regarding the water blow off. Mr. Bolt stated they have contacted them and have the right to take the last two years and submit a claim to CVWD for repayment. It requires them to install a catch basin at Avenue 48. CVWD has told them they have submitted a CIP to cap the standpipes and should be a 4 month process before this was completed. They are checking into this to see if this is true. The basin maximum is 140,000 gallons and it fills the basin. 14. Chairman Alderson asked how often this happens. Mr. Bolt stated every 3 to six weeks. If it fills up again, they will have it pumped and emptied. 1 5. There being no further questions of the applicant, Chairman Alderson asked if there was any public comment. Mr. Ty Ferguson, 57-863 Cantata Drive, said this is the worst tract he has lived in and unless the City continues to monitor K. Hovnanian Homes, they will not follow through. The basins have never drained within 72 hours as required. They have had to call out the Vector Control several times and they do not believe they will follow through. Conditions have been met. First time the basin has been dry since he has been there. The only plant they know that grows under water is rice. The patch in the street was not compacted and will not hold up. He thanked the City for trying to protect their interests. 5 Planning Commission Minutes January 22, 2008 16. Mr. Jesse Frescas, 57-770 Residenza Court, thanked the Commission for taking an interest. He thanked the developer for their efforts lately. His biggest concern is that they do the study for the basins. During summer months when the homeowners are watering heavily the basins have never drained. Have them provide any detailed studies that should be required. In regard to the palm trees, they will grow and how can you maintain a palm tree to not grow. When it becomes the HOA problem, they will have to remove those trees and plant new ones and it will be at their expense. He would like to see the geotechnical report because they are all concerned why the water does not drain. 17. Mr. Mark Yacullo, 81-769 IL Serenada Drive, concerned about the basins. Full after the last rainfall and has pictures taken 30 hours after it rained and the basins were full. Went to the tract next door and their basins were not full. It is a continual health issue. He would hope that these issues are resolved before they are allowed to continue. He called the Utilities Commission and they do have certain restrictions to pools. He also talked with Carlos Partida and was told the poles had to be located where they are because there are pipes under where the trees should be therefore the lines cross the property. He is not certain who can solve this problem, but 30 feet is the distance the poles are required to be set apart. 18. Commissioner Quill stated that information is important to the HOA, but unfortunately the City does not have any authority over the Imperial Irrigation District (liD). If liD dos not have an easement over that corner property, the property owner should have authority to pursue this with liD. 19. Chairman Alderson asked if the applicant would like to comment on the concerns. Mr. Crandall stated the conditions being imposed on them will require them to remedy the problems before permits are allowed to be pulled. 20. There being no further public comment, the public hearing was closed and the item was opened for Commission discussion. Commissioner Engle stated there are a lot of items that have been mitigated, but these concerns need strong code enforcement in place if this is approved. 6 Planning Commission Minutes January 22, 2008 21 . Commissioner Barrows stated that within 60 days the applicant must submit plans to see how these issues would be solved and no permits would be issued. In terms of the landscaping the same is that no permits will be issued until this is solved with the exception of the palm trees under the power lines. Staff stated that is correct. Commissioner Barrows stated she would want the palm trees removed and a substitute tree planted to not conflict with the power lines. Planning Director Les Johnson stated there are alternative trees. There is a small tree currently in this tract that could be used. 22. Commissioner Quill stated almost any tree could be planted except a palm tree which cannot be trimmed except to kill it. Most trees can be topped, but not a palm tree. 23. Commissioner Barrows stated that maybe the solution would be to require a different tree variety. In regard to the five items iisted by staff that have not been resolved, it should be added that the cost be borne by the developer. 24. Commissioner Quill agrees with all that Commissioner Barrows stated, but also agrees with Commissioner Wilkinson that the applicant has not met the Commission's requests. He has visited the site and the efforts so far are not earnest. He was offended by their letter and there is no way he could vote to approve anything because he does not believe they can be trusted to complete the concerns. 25. Commissioner Wilkinson stated the letter states they can complete within 60 days and they have already had 60 days and they have not met the conditions. 26. Chairman Alderson stated he believes it is not the Commission's responsibility to see that the basin is reseeded and the ongoing maintenance issues. Their concern is the health issues and the public safety. As to getting this project moving forward, staff proposes that if the developer does meet the terms of the 60 days and if they don't know permits will be met. He believes this is reasonable and will force them to complete the conditions. In regard to the retention basins, they have cleaned and maybe they do work. They have made an attempt. The basin on the corner is 7 Planning Commission Minutes January 22, 2008 the public safety issue and must be resolved. The Public Works department will not allow them to proceed if this basin is not functioning properly. He would also like to see an interim protection such as a fence that will not allow children or animals to get into it. Not a construction fence, but one that is aesthetic. If the blow-off water is being addressed by CVWD the problem will go away. If not, they must make that site percolate. Making it larger or whatever is required, they will not have their permits. Principal Engineer Ed Wimmer stated there is no final map associated with this, the only mechanism to insure their performance is denying the building permits. Planning Director Les Johnson stated that the 60 days in Condition 14 is to obtain the approval and then whatever time it takes to accomplish the improvements before permits would be issued. Condition 14 restricts them from moving forward and submit what is necessary to address the City's issues. If City staff is taking longer for approval then it might be possible to go beyond that period of time. As long as it is a matter of review ongoing on the City's end. 27. Commissioner Barrows suggested the model homes not be allowed until the basin issues are resolved. 28. Commissioner Quill stated the landscaping plans for the models is not consistent with the new CVWD new ordinance. He would suggest that it be added that they meet the new City and CVWD Ordinance. Staff confirmed they would be required to meet the new CVWD Ordinance. 29. Commissioner Barrows asked if staff knew how the new ordinance would be addressed. Staff stated the co-efficient must be met by the City's restrictions. Discussion followed as to how the new ordinance would be enforced. 30. There being no further discussion, it was moved and seconded by Commissioners Barrows/Engle to adopt Minute Motion 2008-002 approving Site Development Permit 2007-895, as recommended and amended: a. Condition added: Developer to be responsible for all costs to implement these conditions of approval. b. Condition 14 remove last sentence. 8 Planning Commission Minutes January 22, 2008 c. Condition added: provide attractive fence around smaller retention basin approved by the Planning Director on two exposed sides. d. Condition added: Palm trees under the power lines shall be removed and replaced with a different variety prior to issuance of the first building permit for a residence. ROLL CALL: A YES: Commissioners Barrows, Engle, and Chairman Alderson. NOES: Commissioners Quill and Wilkinson. ABSENT: None. ABSTAIN: None. B. Site Development Permit 2007-899; a request of East of Madison, LLC for consideration of architectural and landscaping plans for a one-story 1,163 square foot Homeowners' Association Country Club Mailhouse facility located on the northeast corner of Avenue 54 and Gary Avenue within the Madison Club. 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. 2. Chairman Alderson asked if what was proposed around the building. Staff stated it was DG. 3. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Jeff Provost, East of Madison representative, stated he was available to answer any questions. 4. Chairman Alderson asked if there were any questions of the applicant. Commissioner 5. There being no questions of the applicant, Chairman Alderson asked if there was any other public comment. There being no public comment, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. 9 Planning Commission Minutes January 22, 2008 6. There being no further discussion, it was moved and seconded by Commissioners Quill/Barrows to adopt Planning Commission Resolution 2008-007 approving Site Development Permit 2007- 899, as recommended. ROLL CALL: A YES: Commissioners Barrows, Engle, Quill, Wilkinson, and Chairman Alderson. NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: A. Final Landscape Plan 2007-025; a request of Innovative Communities for consideration of final landscaping plans for Watermark Villas interior common area and perimeter landscaping located at the northwest corner of Avenue 52 and Jefferson Street. 1. Chairman Alderson asked for the staff report. Associate Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Planning Department. Staff stated a letter was received from the Citrus HOA confirming their approval. This letter has been distributed to the Commission. 2. Chairman Alderson stated the plan was very impressive and thanked the applicant for the perimeter work that was done before the Bob Hope Classic. Suggests the fence be designed to allow some openings. Planning Director Les Johnson stated the concern to have approval by the Citrus HOA was a major issue in approving these plans. 3. Commissioner Quill clarified the issues addressed in the letter have been resolved. Staff stated yes. Commissioner Quill stated the landscape plans are dated October 10, 2005, and the signature block with the Coachella Valley Water District is dated September 2006. He said normally the Commission would not approve the plans, as submitted at this meeting, if it were not grandfathered by the fact that it is signed off by all the necessary parties. He asked why it had not been presented to the Commission before now. Staff stated because the project had gone fallow and had several problems with their Subdivision Improvement Agreement (SIA) as well as concerns about finances and Avenue 52. It wasn't until late this summer that they wanted to complete the process, mostly because the SIA was 10 Planning Commission Minutes January 22, 2008 ready to expire. In addition, they had to work out their building permits problems because it had sat for 18 months. Commissioner Quill asked if there were going to replace all the palm trees with the same size. Staff stated they did not require the exact size but gave them a minimum height of 20 feet. 4. Commissioner Barrows stated she would like to see the same restrictions in regard to turf. Planning Director Les Johnson stated they have asked that the main entry area remain as it is designed as it is an active area for the residents. The retention/detention area they are willing to reduce the turf. The plan has pockets of turf but is not as green as the illustration before them. It has more Decomposed Granite (DG) or desertscape. A 50% maximum could be imposed, but staff believes it may be below that if the retention basins are reduced. 5. Chairman Alderson asked if the wall along Avenue 52 was solid. Staff stated it was. Chairman Alderson asked if a condition could be added to allow some relief on the remainder of the perimeter wall. Staff stated the final landscape plan will come back to the Commission and staff will relay to the applicant the Commission's desire to have pockets in the fence. 6. Commissioner Quill wanted verification that the items in the Citrus HOA letter had been addressed in the conditions. Staff stated they were addressed. 7. Chairman Alderson asked if there was any other public comment, there being none, the public participation was closed and open for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Barrows/Wilkinson to adopt Minute Motion 2008- 003 accepting Final Landscape Plan 2007-025. a. Condition added: Turf area in retention basin be reduced Unanimously approved. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None 11 Planning Commission Minutes January 22, 2008 IX. COMMISSIONER ITEMS: A. Chairman Alderson gave a review of the Council meeting of January 15, 2008. B. Commissioner Quill asked if staff would verify that the La Quinta Resort follows through with the condition to rectify the berm and landscaping the Mountain Golf Course all the way down to the golf course maintenance facility. He wanted to make sure that issue was not overlooked. Staff stated they have not pursued any of their entitlements while the appeals are in process. X. 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 February 12, 2008. This regular meeting was adjourned at 9:09 p.m. on January 22, 2008. Respectfully submitted, 12