Loading...
2000 07 25 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA July 25, 2000 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Kirk who asked Commissioner Robbins to lead the flag salute. B. Present: Commissioners Jacques Abels, Richard Butler, Steve Robbins, Robert Tyler, and Chairman Tom Kirk. C. Chairman Kirk opened the elections for the office of Chair. It was moved and seconded by Commissioners Butler/Abels to elect Steve Robbins as Chair. There being no further nominations, nominations were closed and -- Commissioner Robbins was unanimously elected. D. Chairman Kirk opened the elections for Vice Chair. It was moved and seconded by Commissioners Robbins/Butler to elect Jacques Abels to the office of Vice Chair. There being no further nominations, nominations were closed and Commissioner Abels was elected unanimously. E. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, Planning Manager Christine di Iorio, Senior Engineer Steve Speer, Contract Planner Nicole Criste, and Executive Secretary Betty Sawyer. Chairman Robbins assumed the meeting. I'1. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Robbins asked if there were any corrections to the Minutes of joint meeting of May 10, 2000. There being no corrections, it was moved and seconded by Commissioners Tyler/Butler to approve the minutes as submitted. Commissioner Kirk abstained. C:\My Docurnents\WPDOCS\PC7-25-00.wpd Planning Commission Minutes July 25, 2000 B. Chairman Robbins asked if there were any corrections to the Minutes of June 13, 2000. There being no corrections, it was moved and seconded by Commissioners Tyler/Butler to approve the minutes as submitted. Commissioner Kirk abstained. C. Chairman Robbins asked if there were any corrections to the Minutes of July 11, 2000. There being no corrections, it was moved and seconded by Commissioners Abels/Kirk to approve the minutes as submitted. D. Department Report: None. V. PUBLIC HEARINGS: A. Environmental Assessment 2000-399. Specific Plan 2000-047. Parcel Map 29791. Conditional Use Permit 2000-050, and Site Development Permit 2000-680, a request of La Quinta Court, JDD, LLC for certification of a Mitigated Negative Declaration of Environmental Impact approval of a Specific Plan for design guidelines and development standards, a Condition Use Permit to allow motorcycle and golf cart sales, Site Development Permit for architecture and landscaping approval, and a Parcel Map to merge six parcelS into one. 1. Chairman Robbins opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio and Contract Planner Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted two changes they were recommending to the Conditions; Condition //67 changed to remove the word "safe" and replace with "efficient water management" for both applications. Also, Condition //64 should be deleted. 2. Chairman Robbins asked if there were any questions of staff. Commissioner Abels asked about the drive-through on Building 3 and on Page 4 of the Specific Plan it refers to uses such as real estate, restaurant and commercial retail; why is a drive-through proposed? Staff stated drive-through restaurants are prohibited by the Specific Plan and this drive-through is for a coffee shop or bank. 3. Commissioner Kirk questioned Page 6 of the Specific Plan where it indicates the Specific Plan allows the use of automobile, motorcycle and vehicle sales with exterior displays on Buildings 2 and 4 and references Exhibits "E-B" and "E-C", and when looked at C :\My Documents\WPDOCS\PC7-25-00.wpd 2 Planning Commission Minutes July 25, 2000 the exhibits he could not find where the exterior display would occur. Staff indicated on the plans where the display area would be and they are to be reviewed and approved by the Community Development Department. It could not be located on Highway 111 or Washington Street, behind the landscape setback. 4. Commissioner Kirk stated that he generally believes the City's shopping centers are over-parked and he appreciates the use of shared parking on this project. He questioned whether or not the reduction in the number of parking spaces is due to the dinner house having different hours of operation. However, he did not see anything in the Specific Plan that would limit the use of that site as a dinner house over time. When you look at shared uses on parking it should be looked at over time. Staff stated in the Specific Plan the applicant has addressed the square footage needed for a restaurant use and the square footage for retail uses. If it were to be exceeded, they would have to apply for an amendment to the Specific Plan. Planning Consultant Nicole Criste stated the requirement for restaurant parking at 35 square feet per parking space, are more restrictive than those for a retail center under 50,000 square feet, which is one space for 250 square feet. So overall, if the use were to change to retail, the parking requirement would go down. 5. Commissioner Tyler stated he had a problem understanding just how many parking spaces there were. He has a problem with the shared parking because the use is contiguous with a grocery store and grocery stores typically have extended hours so the parking spaces could be jointly used. He asked what the real parking space total'was. In addition, he has a hard time counting the seven parking spaces in the drive-through as part of the parking total. 6. Commissioner Butler asked if there was an existing left turning pocket southbound on Washington Street. Senior Engineer Steve Speer stated it is not there. The existing median is only eight feet wide and in order to for this proposal to get a left turn onto Simon Drive, the applicant has willingly offered to dedicate an additional eight feet to get the pocket creating a 16 foot wide mediam. 7. Chairman Robbins stated they would have to move back the curve returns on Simon Drive easterly, and what will happen southerly of this site as he does not think Washington Street is eight feet at C:\My Documents\WPDOCS\PC7-2 5-O0.wpd ~ Planning Commission Minutes July 25, 2000 this location. Will this development be required to widen Washington Street accordingly, south of Simon Drive, and if so, he dOes not see it in the conditions. Senior Engineer Steve Speer stated it was contained in the conditions as a standard condition where they have to do appropriate transitions and this fits into the category as appropriate transitions. If the right of way is not sufficient at this location, there are a couple things staff can do. If the right is not there, the City will not go forward, or the City can proceed with the acquisition at the applicant's expense. They have considerable off-site improvements on Washington Street which will be a major reconstruction job. 8. Chairman Robbins asked about Page 7 of the Specific Plan, the normal setback on Washington Street is 30 feet and we are allowing 20 feet. What is the logic and justification to allow this. Planning Manager Christine di Iorio stated the landscape setback for the General Plan and Zoning Code is 20 feet; 30 feet is for the building setback. Rather than have a driveway or parking lot on the corner, the applicant is asking under the Specific Plan to move the building to the landscape setback. Therefore, it is not modifying the City's landscape setbacks. 9. Commissioner Tyler asked how this compares with the Auto Club across the street. Community Development Director Jerry Herman stated it should be 20 feet as the 30 foot requirement was not in place at the time the Auto Club was built. 10. Contract Planner Nicole Criste stated that if the parking were addressed at the gross level, the total parking required for the square footage of a restaurant space plus the retail space would be 245 parking spaces. The proposal calls for 226 parking spaces including the stacking space. The retail use for the grocery store is not sufficiently large to allow a full service supermarket. A full service supermarket requires considerably more than the square footage provided here and the proposal is therefore for a specialty supermarket which will have more restrictive hours and clientel. The reduction of 25 parking spaces overall within the parking center, staff does not belieVe is excessive due to the difference in hours between the retail shops and restaurant use, given the fact the grocery store will not be a supermarket. Commissioner Tyler stated there is nothing contained in any of the documents that states that. If that is the case, and the shared parking depends upon this, there should be a condition to address this. Planning C:\My Documents\WPDOCS\PC7-2 5-O0.wpd 4 Planning Commission Minutes July 25, 2000 Consultant Nicole Criste stated the Commission can add a condition requiring only specialty grocery store. Practically speaking, a supermarket requires 25,000-45,000 square feet for a full service. Even if the whole building on the corner were converted to retail, based on the City's current requirements, the parking requirement would be 21 2 parking spaces, so this project is actually over parked at 226. The retail parking requirement is more liberal than the restaurant requirement. 1 1. Commissioner Butler stated that the proposed tenants for Building 3 are real estate agency, restaurant, and commercial retail. The project across the street where there is a real estate agency, the Commission received complaints because there wasn't enough adequate parking for the number of realtors working out of those offices. Are we addressing the need for parking given the fact that the number of spaces needed in the past has changed for some of these uses. Planning Consultant Nicole Criste stated that based on the current standard contained in the Zoning Code, there are restrictions on how the parking requirement can be looked at. To break it out by use further for a use similar to a real estate office, would require a Zoning Text Amendment. 12. Chairman Robbins stated they could require them to meet the existing Code. 13. Commissioner Kirk stated that on Page 19 of the Specific Plan there are the design requirements for the signs and there is a restriction in regard to Iogos and the percentage of the sign that should be take up by a logo. In the past when the Planning Commission has addressed this issue, they have been told there is very little latitude in restricting Iogos. He assumes the Specific Plan becomes a City document, therefore, can the Planning Commission, by approval of the Specific Plan, restrict signage in such a way. Assistant City Attorney John Ramirez asked if Commissioner Kirk was referring to the establishment's sign. Commissioner Kirk stated the Specific Plan states it is a logo and a part of the name. Assistant City Attorney Ramirez stated that under existing law the City can ban outright certain types of signs, but if the Commission decides the Code does allow them to have signs, you are very limited with what you can do to restrict them both on a size and content based issue. There are some issues with examples in the past how the City's sign ordinance has been C:\My Documents\WPDOCS\PC7-25-OO.wpd 5 Planning Commission Minutes July 25, 2000 applied in that context. Commissioner Kirk asked if the City could restrict a sign so that the logo cannot exceed 10% of the total sign area. Assistant City Attorney. Ramirez stated they could as long as it is a blanket application. Typically, the problems is that these type of restrictions apply to certain signs. The problem arises if this applied only to commercial signs but not other types of signs. If it is a blanket application for all signs, the City can impose restrictions on size. Commissioner Kirk stated he thought Mr. Ramirez was saying that the City had less latitude in restricting size and now as long as it is blanket, we can restrict size. Mr. Ramirez stated that as long as it is a blanket application, regardless of the content of the sign, the Commission is free to do this. 14. There being no further questions of staff, Chairman Robbins asked if the applicant would like to address the Commission. Mr. Dale Frank, developer of the project, stated that due to the City's requirements they exceed the number of parking spaces required, so he is uncertain where the Commission believes they are under parked. Due to the irregular shape of the site, per the allowed FAR for the site, the building coverage could be 86,000 square feet, however they will have only 53,000 square feet in order to get the buildings to fit onto the site. Together with the restrictions they have to meet as far as setback requirements, they have worked diligently to meet the Code and provide a facility that is very pleasing. In regard to the drive-through, Starbucks has started having drive-throughs and most banks are also. Which use depends on who they sign as a user. It is on the back side next to Simon Drive. The architecture is a more costly type of architecture to build and is similar to what is on El Paseo in Palm Desert. They have met with staff to keep the site upscale in regard to the users. He went on to describe the site and the proposed tenants. 1 5. Commissioner Abels stated he was pleased with the tenants that had been identified. Mr. Frank went on further to state that at this time they have not signed any motorcycle company. Harley Davidson has contacted them and they do have a very aesthetically pleasing building. In regard to golf carts, it is a permitted use and they are asking for a conditional use for a display in a limited area because the users have asked for it. They think a show room for golf cart displays; as long as the interior C:\My Documents\WPDOCS\PC7-2 5-O0.wpd (~ Planning Commission Minutes July 25, 2000 and exteriors are done aesthetically and architecturally pleasing, will create a very nice retail presence. Other retails they have are L G's Steakhouse, Jensens market, an' optical company, a dry cleaners, one hour photo, Becker and Becker Real Estate, two major stockbroker firms, golf cart showroom, another restaurant, and a bank. They have tried to limit the type of users that create a facility that has a presence within the community. 1 6. Commissioner Tyler commended the applicant on their layout and attention to detail, especially the pedestrian detail. In the Specific Plan on Page 2, automotive businesses are mentioned. As the City has an auto mall he would suggest removing the use of the word "automotive". In regard to the golf carts, are they going to have display and/or retail sales. Mr. Frank stated they will have display and showroom for retail sales with no service. Commissioner Tyler questioned how they could have sales and no service on site to handle the service. Mr. Frank stated the lease restricts the service center. Commissioner Tyler n°ted that three parking spaces were dedicated to GTE Telecommunication equipment and asked what type of equipment this would be. Mr. Hack stated it was to provide GTE with an area for their upgraded facility to the current telecommunications equipment. It is a dedicated easement for a fiberoptic switch. This switch will service the entire area. 1 7. Commissioner Butler stated he too likes the project and it is a nice entry to the City. In regard to the tenants, he does not think the use of awning in the desert is a wise idea. Mr. Frank stated they are used in other cities successfully. Commissioner Butler asked if the wind would create any problems. Mr. Hack stated the awnings are broken up to complement the windows and any framework used would secure them. Mr. Frank stated it is more of an accent to the building. 1 8. Commissioner Abels too commended the applicant on the project. He is not happy about the motorcycle use, but he has been convinced it will work. 1 9. Chairman Robbins stated that on Page 14 of the Specific Plan it states the project will be built in a single phase and yet refers to future buildings. Mr. Hack stated it would all be built at one.time. C:\My Documents\WPDOCS\PC7-25-OO.wpd Planning Commission Minutes July 25, 2000 - 20. Chairman Robbins asked if a prior project had been approved with awnings and didn't the Commission add a condition requiring them to be kept in a "like new" condition. Also, he has a problem with counting the seven parking spaces in the drive-through. 21. There being no further questions of the applicant, and no further public comment, Chairman Robbins closed the public participation portion of the hearing and opened the project for Commission discussion. 22. Commissioner Tyler stated that in the staff report, the use of the word "project proponent" was used as a synonym for "applicant" and asked if this was correct. Assistant City Attorney John Ramirez stated the applicant is presumed to be a proponent of the project. There is no reason the Commission could not alter the language or suggest to staff they be sensitive to their word choices. He would agree they are not synonym from a legal standpoint. Commissioner Tyler stated that since this is a legal document that will have to stand on its own over time and the _ language will have to be worthy of that condition. Planning consultant Nicole Criste stated the word is not used interchangably in the conditions. As a rule the applicant as described is not necessarily the project proponent who will build out the project. In this case it may very well be, however, in many projects the applicant is not the party that builds out the project. Her intent when using the word "project proponent" is that it encompass not just the applicant, but anyone else that might come forth in the future so it will apply to those parties as well. Assistant City Attorney John Ramirez stated he would look at it, but he sees no problem. 23. Commissioner Tyler stated the fire department conditions should be changed to use the word "shall". 24. Commissioner Abels stated he wanted to be sure wording was included in the Conditional Use Permit that no service would be allowed. 25. Commissioner Kirk asked if the applicant were to develop the site without a Specific Plan would a fast food or drive-through business be allowed. Staff stated it would be allowed, but this applicant was required to file a specific plan per the General Plan. C:\My Documents\WPDOCS\PC7-25-OO.wpd 8 Planning Commission Minutes July 25, 2000 What the applicant has developed is a use that is compatible with the site. As long as the drive-through is compatible with the circulation and overall project, he has no objection. 26. Chairman Robbins stated that in the conditions regarding drainage, there is normally a condition preventing nuisance water from draining into the storm drains. Senior Engineer Steve Speer stated their storm water drains to the existing storm drain that goes to the Whitewater Channel now which has a nuisance water handling box which is able to handle this site as well as the west side of the street. 27. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt .Planning Commission Resolution 2000-045 recommending to the City Council certification of Environmental Assessment 2000-399, subject to the findings and Mitigation Monitoring Program. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 28. It was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2000-046 recommending to the City Council approval of Specific Plan 2000-047, subject to the findings and Conditions of Approval as amended. a. Add a condition that denotes the specific location of vehicle displays for golf carts or vehicle uses on Buildings 2 and 4. b. Delete reference to automotive and motorcycle uses. c. Add a condition that the awnings be maintained in a "like new" conditions. d. Specify that no service is allowed for any golf cart uses e. Condition #64 deleted. f. Condition #67: change the word "safe" to "efficient". g. Drive-thr0ughs would be permitted for coffee or bank uses only. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman RObbins. NOES: None. ABSENT: None. ABSTAIN: None. C:\My Documents\WPDOCS\PC7-25-OO.wpd Planning Commission Minutes. July 25, 2000 29. It was moved and seconded by Commissions Abels/Butler to adopt Planning Commission Resolution 2000-047 approving Site Development Permit 2000-680, subject to the findings and Conditions of Approval, as amended. a. Add a condition that denotes the specific location of vehicle displays for golf carts or vehicle uses on Buildings 2 and 4. b. Delete reference to automotive and motorcycle uses. c. Add a condition that the awnings be maintained in a "like new" conditions. d. Specify that no service is allowed for any golf cart uses e. Condition #64 deleted. f. Condition//67: change the word "safe" to "efficient". g. Drive-throughs would be permitted for coffee or bank uses only. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 30. It was moved and Seconded by Commissions Butler/Tyler to adopt Planning Commission Resolution 2000-048 recommending to the City Council approval of Conditional Use Permit 2000-050, subject to the findings and Conditions of Approval, as amended. a. Delete reference to automotive and motorcycle uses. b. Add a condition specifying that no service is allowed for any golf cart uses. ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. 31. It was moved and seconded by Commissions Tyler/Kirk to adopt Planning Commission Resolution 2000-049 recommending to the City Council approval of Parcel Map 29791, subject to the findings and Conditions of Approval, as amended. a. Add a condition that denotes the specific location of vehicle displays for golf carts or vehicle uses on Buildings 2 and 4. b. Delete reference to automotive and motorcycle uses. C:\My Documents\WPDOCS\PC7-25-OO.wpd ] 0 Planning Commission Minutes July 25, 2000 ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Robbins. NOES: None. ABSENT: None. ABSTAIN: None. B. Specific Plan 88-012 and Tract Map 23995; a ~equest of the La Quinta Redevelopment Agency, USA Commercial Mortgage, and Siena Del Rey, LLC for repeal of the Specific Plan and modification of the Tract Map "Condition #39 by providing for the required Bikeway on the south side of the Whitewater Storm Channel and provide for an in-lieu fee for the construction of the Bikeway on the north side of the Whitewater Storm Channel, south of Miles Avenue, west of Adams Street, and east of Washington Street. 1. Commissioner Butler excused himself due to a possible conflict of interest and left the dias. 2. Chairman Robbins and Commissioner Tyler declared they owned property within 2,500 feet of the project and had discussed this with the City Attorney and it was determined they had no financial gain and would therefore participate in discussion of the proposal. 3. Chairman Robbins opened the public hearing and asked for the .staff report. Community Development Director Jerry Herman presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 4. Chairman Robbins asked if there were any questions of staff. Commissioner Abels asked who was funding the bike path. Staff stated the parcels are required to provide funding for the bikeway. 5. Commissioner Tyler stated this is one of the few tracts that has curved streets and should serve as a model for future developments. 6. Chairman Robbins asked if there was any other public comment, There being none, Chairman Robbins closed the public participation portion of the hearing and opened the project for Commission discussion. 7. Commissioner Kirk asked if this were a private applicant would it be treated any different. Staff stated that if there was no need for a specific plan no. In this case there is no need of the specific plan as the tract has already been built. C:\My Documents\WPDOCS\PC7-25-OO.wpd ] ] Planning Commission Minutes July 25, 2000 8. Commissioner Tyler asked if Century-Crowell Communities agreed to this change. Staff stated the Century-Crowell Communities and INCO Homes have agreed and submitted letters in support of it. 9. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2000-050 recommending to the City Council that Specific Plan 88-012 be repealed. ROLL CALL: AYES: Commissioners Abels, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 10. It was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2000-051 recommending to the City Council approval of Tract Map 23995, Amendment #1, modifying Condition #39 to relocate the Bikeway form the north side of the Whitewater Channel to the south side between Adams Street and Washington Street. ROLL CALL: AYES: Commissioners Abels, Kirk, Tyler, and Chairman Robbins. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. Commissioner Butler rejoined the meeting. VI. BUSINESS ITEMS: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the Council meeting of July 18, 2000. B. Staff reminded the Commissioners there would be another joint meeting of the City Council, Architectural and Landscaping Review Committee and Planning Commission on September 26, 2000. The time was yet to be determined. C:\My Documents\WPDOCS\PC7-25-O0.wpd ]2 Planning Commission Minutes July 25, 2000 C. Commissioner Tyler asked staff to inform the Commission of the date for the League of California Cities Conference IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Tyler/Butler to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held August 22, 2000, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:25 p.m. on July 25, 2000. Respectfully submitted, City~f~, La Ouinta, California C:\My Documents\WPDOCS\PC7-25-O0.wpd ! :~