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2001 08 28 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA August 28, 2001 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 Abels who asked Commissioner Butler to lead the flag salute. B. Present: Commissioners Richard Butler, Tom Kirk, Steve Robbins, Robert Tyler, and Chairman Jacques Abels. Commissioner Tyler thanked everyone for their good well wishes for the surgery he recently went through. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, Planning Manager Christine di Iorio, Senior Engineer Steve Speer, Principal Planners Start Sawa and Fred Baker, Planning Consultant Nicole Criste and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT ITEMS: A. Chairman Abels asked if there were any corrections to the Minutes of July 24, 2001. Commissioner Tyler asked that Page 4, Item //8 be corrected to read, "Ms. Johnson stated the levels are Iow and would conform to all FCC standards." There being no further corrections, it was moved and seconded by Commissioners Robbins/Tyler to approve the minutes as corrected. Unanimously approved. B. Department Report: None. V. PRESENTATIONS: None. VI. PUBLIC HEARING: A. Continued - Zoning Code Amendment 2000-066; a request of the City for review of applicability and impact of current Water Efficient Ordinance on development proposals. G :\WPDOCS\PC8-28-01 .wpd Planning Commission Minutes August 28, 2001 1. Staff requested this item be tabled at this time. It would be re- noticed when it was ready to be brought back to the Commission. 2. There being no further discussion, it was moved and seconded by Commissioners Tyler/Butler to table this issue as requested. B. Environmental Assessment 2001-427, Conditional Use Permit 2001-062; a request of AT&T Wireless Services. for certification of a Mitigated Negative Declaration of Environmental Impact and approval of the installation of telecommunication apparatus on a new 120 foot high tower located at 81-600 Avenue 58. 1. Chairman Abels opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Robbins stated he thought this was an existing tower they were adding an antenna to. Staff clarified that Sprint had added an antenna to the existing tower and AT&T was requesting an additional tower to accommodate the new antennas. 3. Commissioner Tyler asked for clarification on the staff report where it states the 1 2 antennas are six feet in height and 1 2 feet wide as this was misleading. It is his understanding there are several arrays that are spaced appropriately for the frequency involved and in between there is a lot of space. Staff stated that was correct. The description in the staff report describes the entire envelope. 4. Chairman Abels asked if the applicant would like to address the Commission. Ms. Polly Johnson, representing AT & T Wireless Services, stated she was available to answer any questions. 5. Chairman Abels asked if there were any questions of the applicant. Commissioner Tyler asked if all the facilities they intend to use meet all the current standards of the FCC and if this tower required an obstruction light to meet the FAA requirements. Ms. Johnson stated they were licensed by the FCC and met all requirements and no light was required at this height according to G :\WPDO C S\PC 8-28-01. wpd 2 Planning Commission Minutes " August 28, 2001 the FAA. Commissioner Tyler stated he would like a condition added that if the FAA require a strobe light they be required to install one. 6. Chairman Abels asked if anyone else would like to speak on this item. There being no further discussion, the public participation portion of the hearing was closed and open for Commission discussion. 7. Commissioner Robbins stated his only objection was the proliferation of towers in the City. 8. Commissioner Kirk stated he had the same concern, but at the same time, if there was a good location for a tower, this was it. 9. Commissioner Butler asked if there would ever be a shared site on the towers. Ms. Johnson stated AT&T is only planning on the antennas at the top. Their landlord, liD, is possibly planning on adding some more of their radio equipment for additional carriers. The tower was designed to carry other carriers. 10. Commissioner Tyler stated his concurrence that this was a step in the right direction to allow other carriers to utilize their tower. 1 1. Commissioner Kirk asked if a condition could be added requiring them to allow other carriers. Assistant City Attorney John Ramirez stated he would have to look at the Tele-communications Act before he could comment. Principal Planner Fred Baker stated AT&T has stated the future locations are not being requested for at this time. If they want to expand their antenna service they will, if the landlord agrees; but at present the intent is to rent them to another carrier. 12. Commissioner Robbins suggested that instead of continuing to approve numerous towers, the Commission should approve multiple use sites throughout the City and not have the large proliferation of towers. 13. Commissioner Kirk suggested a condition be added encouraging co-location by AT&T assuming it did not conflict with the FCC Act. Assistant City Attorney John Ramirez stated this approach appears to be innocuous and he has no problems. He would G:\WPDOCS\PC8-28-O 1.wpd 3 Planning Commission Minutes August 28, 2001 suggest staff and the City Attorney's office work together to provide information to the Commission at the next meeting in regard to the rules governing towers/antennas. 14. Commissioner Kirk asked that staff fashion an appropriate condition that furthers the spirit of a co-location idea. 1 5. There being no further discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 2001-105 certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-427 as submitted. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. 16. It was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2001-106 approving Conditional Use Permit 2001-062, as recommended. a. Condition //10: Policy statement added supporting co- location with the permission of liD. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. C. Conditional Use Permit 2001-065; a request of WalMart Store//1 805 for review of a request to allow 43 metal containers for the temporary storage of holiday merchandise from September 1,2001 through January 15,201, on the north and west sides of the existing store within Specific Plan 89-014 for the property located at 78-960 Highway 111 within the One Eleven La Quinta Shopping Center. 1. Chairman Abels 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 Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked the at aisle widths be clarified to state aisle widths between groups of containers. In addition, does this permit allow them to have the storage bins every year. Staff G:\WPDOCS\PC8-28-O1.wpd 4 Planning Commission Minutes August 28, 2001 stated yes, this would allow them to place the storage bins every year for the same time for up to 43 containers. If they wanted to make any changes, they would have to come back to the Planning Commission for an amendment. 3. Commissioner Butler asked if the City had received any complaints in regard to the removal of the containers. Staff stated there had not been no issues raised by the City's Code Compliance Department. Commissioner Butler stated he would prefer them come back each year rather than giving a blanket approval. 4. Commissioner Kirk asked how many containers are out there today. Staff stated none. Commissioner Kirk asked if staff had heard of any expansion plans by WalMart for a permanent solution to the problem. 5. Commissioner Robbins asked staff to clarify how many containers would be on site. Discussion followed regarding the number of -- containers to be placed on site. 6. Chairman Abels asked if the applicant would like to address the Commission. Mr. Robert Schneider, representing WalMart, stated he was' available to answer any questions. 7. Chairman Abels asked if there were any questions of the applicant. Commissioner Kirk asked if there were any plans for expansion. Mr. Schneider stated a WalMart/Sams Club was to be constructed at the Monterey exit from Interstate 10 and it would affect this store significantly and may eliminate their need for the trailers in the future. They are still studying the feasibility of enlarging the building or turn it into a super center. 8. Chairman Abels asked if anyone else would like to address the Commission on this issue. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 9. Commissioner Robbins stated he had great concerns about approving this forever. He believes the containers to be unsightly and as their request last year was after the fact, he has no sympathy nor does he believes it has any affect on what they are approving for this year. If they are planning on. new stores or G :\WPDOC S\PC 8-28-O 1. wpd Planning Commission Minutes August 28, 2001 expanding this one, they may not have a need for the additional trailers in the future. Therefore, he would not want to grant an approval for more than one year. 10. Commissioners Kirk and Butler agreed. 11. Commissioner Tyler stated a condition should be added that nothing be placed, or stored on top of the containers. Second, a condition be added that prohibits the use of the temporary storage shelves inside the store. He also agrees that the approval should not be for no more than one year. Mr. Schneider stated he had no objections to the conditions as stated; 1 2. There being no further discussion, it was moved and seconded by Commissioners Robbins/Butler to adopt Planning Commission Resolution 2001-107 approving Conditional Use Permit 2001-065, subject to the findings and conditions as amended: a. Condition//2: Deleted and replaced with, "The storage units shall be removed by January 1 5, 2002. b. Condition//6: Nothing shall be placed on top of the storage containers. c. Condition //7: The use of make-shift temporary storage shelves above the standard shelving within the store is prohibited. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. D. Site Development Permit 2000-682, Amendment//2; a request of World Gym Palm Desert LLC, for approval of a second sign where one is allowed at the property located at 46-760 Commerce Court. 1. Chairman Abels 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 Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Robbins asked if the logo was consistent with the national trademark logo, and he finds that contradictory to the action taken by the Commission at the last meeting for the Self G :\WPDOCS\PC8-28-01 .wpd 6 Planning Commission Minutes August 28, 2001 Storage. Planning Manager Christine di Iorio stated the Self Storage was to submit proof that the registered trade mark was the same as what they were proposing, and they were unable to do so. Whereas, World Gym has proven this is their registered trade mark. 3. Commissioner Kirk clarified the number of signs requested and asked what the rationale was to allow the second sign, Staff stated the location of the sign over the entry is not visible from the parking lot and the second sign would be visible. Commissioner Kirk asked if this would allow other tenants to apply for the second sign based on this finding. Staff stated this was specific to the criteria under "sign allowance for additional signs through the criteria alternative locations for the most effective use of graphic representation" in the Zoning Code. As this building is at the end of a cul-de-sac it did not have a sign visible from the cul-de-sac, so that was the recommendation for the additional signs. Discussion followed regarding the criteria for additional signs. 4. Commissioner Kirk asked if there was a site plan and if there wasn't a better location where only one sign would best serve the applicant. Staff indicated where the signs would be located on the building. 5. Chairman Abels asked if the applicant would like to address the Commission. Mrs. Wanda Mataranga, representing World Gym, stated the sign was needed because the existing sign is not visible from Highway 1 1 1. However, they thought they were requesting a sign on the south elevation to be seen from Highway 1 1 1. 6. Chairman Abels asked if there were any questions of the applicant. Commissioner Kirk asked if they could only have one sign where would they want it. Ms. Mataranga stated it would have to be on the south side, but they would limit their visibility from the parking lot. 7. Chairman Abels asked if anyone else would like to address the _ Commission on this issue. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. G:\WPDOCS\PCS-28-O 1.wpd '~ Planning Commission Minutes August 28, 2001 8. Commissioner Robbins stated he was confused about having an application stating one location and the applicant wanting a different. He can understand the applicant's concern for visibility, but he is uncertain as to where the sign(s) should be, as this could set a precedent for future tenants. 9. Commissioner Kirk stated he too was concerned about sign proliferation. Obviously, the desire of the Commission is to give the tenant good visibility. Maybe they could allow the second sign for a specific period of time, or have them reduce the size of the entrance sign. 10. Commissioner Butler stated that approving two signs could be allowed with the possibility of relocating one of the signs in the future. 11. Commissioner Tyler stated he agreed with the applicant that they needed visibility from Highway 111. He would recommend approving the sign request as submitted. 12. Chairman Abels stated he concurred with Commissioner Tyler. 13. There being no further discussion, it was moved and seconded by Commissioners Tyler/Butler to adopt Planning Commission Resolution 2001-1 08 approving Site Development Permit 2000- 682, Amendment #2, subject to-the findings and conditions as amended: a. Condition #2: The raceway shall be painted to match the building. b. Condition #3: The second sign shall be located on the south elevation. ROLL CALL: AYES: Commissioners Butler, Tyler, and Chairman Abels. NOES: Commissioners Kirk and Robbins. ABSTAIN: None. ABSENT: None. E. Tentative Tract Map 301 25 Amendment #1; a request of KSL Land Corporation for approval of a reconfiguration of 21 of 55 residential lots to encompass originally approved open space for the property located at the southeast corner of Eisenhower Drive and Avenue 50. G :\WPDO C S\PC8-28-O 1. wpd 8 Planning Commission Minutes August 28, 2001 1. Chairman Abels opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. There being none, the applicant was asked to address the Commission. Mr. Chris Bergh, representing the applicant, stated they were in agreement with the conditions as recommended and was available to answer any questions. 3. Chairman Abels asked if there were any questions of the applicant. Commissioner Tyler asked how Lot 66 could be developed due to its size. Mr. Bergh explained it would be a standard unit like all the others. It is an odd shape on the corner which requires increased setbacks and as it is right behind the gate it is difficult to get into which is one of the reasons they left it as large as it is. 4. Chairman Abels asked if anyone else would like to address the Commission on this issue. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2001-109 approving Tentative Tract Map 30125, Amendment //1, subject to the findings and conditions as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. F. Tentative Parcel Map 28334, Amendment //1 and Site Development Permit 97-608, Amendment //2; a request of KSL Land Recreation Corporation to amend Conditions of Approval pertaining to required off- site street improvements on Eisenhower drive south of Avenue 50. 1. Chairman Abels 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 Community Development Department. G:\WPDOCS\PC8-28-01.wpd 0 Planning Commission Minutes August 28, 2001 2. Chairman Abels asked if there were any questions of staff. Commissioner Butler asked if this was before them for "housekeeping" issues only. Staff stated yes. 3. Chairman Abels asked if the applicant would like to address the Commission. As the applicant had no comments and there were no questions of the applicant, Chairman Abels asked if anyone else would like to address the Commission on this issue. 4. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2001-110 approving Tentative Parcel Map 28334, Amendment //1, subject to the findings and conditions as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. 6. It was moved and seconded by Commissioners Robbins/Butler to adopt Planning Commission Resolution 2001-111 approving Site Development Permit 97-608, Amendment //2, subject to the findings and conditions as recommended: ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. Chairman Abels recessed the meeting at 8:04 p.m. and reconvened the meeting at 8:09 It was moved and seconded by Commissioners Robbins/Butler to reorganize the agenda to take Business Items A and B at this time. VII. BUSINESS ITEMS: A. Sign Permit 98-41 5, Amendment #1; a request of Ontario Neon for an amendment to a previously approved sign program for the One Eleven La Quinta Shopping Center located at 78-630 Highway 111 (Stater Bros.). G:\WPDOCS\PC8-28-01.wpd ! 0 Planning Commission Minutes August 28, 2001 1. Chairman Abels asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if this was a second business and where the 12 feet was measured from. Staff stated the applicant could answer his first question and in regard to the height, the 12 feet was measured from the sidewalk. 3. Chairman Abels asked if the applicant would like to address the Commission. Mr. Roy Courtney, representing the applicant, stated the applicant is an independent business and has a separate license and will occupy 430 square feet of the building. 4. Chairman Abels asked if there were any questions of the applicant. Commissioner Kirk asked if it was a separate company. -- Mr. Courtney stated he is unaware if Stater Bros. has any financial interest in the pharmacy, but he does know they do have a separate license. 5. Commissioner Tyler asked the applicant to describe the sign, which he did. 6. Chairman Abels asked if there was any other public comment. There being no further public comment, Chairman Abels closed the public participation portion and opened the item for Commission discussion. 7. Commissioner Kirk noted his objection to sign proliferation. 8. There being no further discussion it was moved and seconded by Commissioners Tyler/Butler to adopt Minute Motion 2001-014 approving an amendment to the sign program for Specific Plan 89- 014, subject to the findings and conditions as recommended. 9. The motion passed with Commissioner Kirk voting no. B. Specific Plan 99-036; a request of Peterson Slater and Osborne for modification to a previously approved sign program for the property located at 79-440 Corporate Center Drive, within La Quinta Corporate Center. G:\WPDOCS\PC8-28-O 1.wpd ! ] Planning Commission Minutes August 28, 2001 1. Chairman Abels asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. There being none, Chairman Abels asked if the applicant would like to address the Commission. The applicant stated he was available to answer any questions. 3. Chairman Abels asked if there were any questions of the applicant. There being none, Chairman Abels asked if there was any other public comment. There being no further public comment, Chairman Abels closed the public participation portion and opened the item for Commission discussion. 4. There being no further discussion it was moved and seconded by Commissioners Robbins/Kirk to adopt Minute Motion 2001-015 approving an amendment to the sign program for Specific Plan 99- 036, subject to the findings and conditions as recommended. 5. Unanimously approved. Community Development Director Jerry Herman excused himself due to a possible conflict of interest and left the meeting. G. Specific Plan 2000-042, Amendment #1; a request of the La Quinta Arts Foundation for approval of an amendment to modify the parking lot lighting standards at the project located on the west side of Washington Street, between Avenue 47 and Avenue 48. 1. Chairman Abels opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio and Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Kirk asked staff to clarify the two photometric studies. Both were the same with the exception that one of the plans also included lighting for the artist's parking lot. G:\WPDOCS\PC8-28-O1.wpd ] 2 Planning Commission Minutes August 28, 2001 3. Commissioner Robbins asked staff to explain the difference between the two different type of light fixtures, bollards and poles. Staff asked that the applicant explain this. 4. Commissioner Tyler asked what color light would be put out by the bulbs proposed. Staff stated yellow. Commissioner Tyler asked if these lights would affect the traffic on Washington Street. Staff stated the study shows the light exposure to Washington Street is "0" due to the berm and light source. 5. Chairman Abels asked if the applicant would like to address the Commission. Mr. Frank Delaney, representing the applicant, gave his presentation on the project. He further stated they concurred with staff's recommendations and went on to explain the reason for the request. He then addressed the issues raised in the letter received from Wayne Guralnick, attorney for Laguna de la Paz homeowners and asked that the Commission either approve or deny the application to allow the project to continue going forward. They would not like to have the project continued. He then introduced Mr. Ralph Raya of MRC Associates, the electrical engineer consultant, who gave a presentation. 6. Chairman Abels asked if there were any questions of the applicant. Commissioner Kirk asked Mr. Raya to qualitatively explain the difference between the two photometric studies. Mr. Raya explained the difference. Commissioner Kirk asked what the difference was between the two light fixtures at the boundary with Laguna de la Paz. Mr. Raya stated they chose a light fixture that was totally shielded with the flat lens and amber lighting to reduce the amount of light. They did not increase the amount of lighting at the property line, or along Washington Street. They reduced the hot spots and foot-candles over the site. Commissioner Kirk asked how this entire project with either light source compares to the lighting along Highway 1 1 1. Mr. Raya stated landscaping lighting only lights a single area. This will have less foot-candles than the parking lot lighting at the corner shopping center. .-_ 7. Commissioner Tyler asked where the height of the fixtures was measured from. Mr. Raya stated it was measured at finish grade. The opening of the fixture is at 1 8 feet.' G:\WPDOCS\PC8-28-O 1.wpd '] :~ Planning Commission Minutes August 28, 2001 8. Chairman Abels asked if anyone else would like to address the Commission on this issue. Ms. Marie Bochnewich, representing the HOA for Laguna de la Paz, stated they were requesting a continuance to allow them time to evaluate the proposal as one week is not adequate time to evaluate the lighting plan. 9. There being no further public comment, Chairman Abels closed the public participation portion of the hearing and opened the project for Commission discussion. 10. Commissioner Robbins stated he shares the concerns of the HOA, but also shares the safety concerns of the City and Arts Foundation. He concurs with the light study as presented and as the application will not be taken to the City Council for a month it will allow them ample time to have their study completed. 11. Commissioner Kirk stated he was supportive of the bollard lighting when the project was originally approved. However, he did hope the Laguna de la Paz lighting consultant could come up with an alternative lighting program utilizing the bollard lighting. He also concurs there is ample time for the homeowners to conduct a study prior to the City Council meeting. 12. Commissioners Butler, Tyler, and Chairman Abels stated they concurred with the statements made. 1 3. There being no further discussion, it was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 2001-112 approving Specific Plan 2000-042, Amendment #1, subject to the findings and conditions as amended: a. Condition #2: "...and the light fixtures shall be a maximum of 18-feet in height." ROLL CALL: AYES: Commissioners Butler, Kirk, Robbins, Tyler, and Chairman Abels. NOES: None. ABSTAIN: None. ABSENT: None. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. G:\WPDOCS\PC8-28-O 1.wpd ! 4 Planning Commission Minutes August 28, 2001 IX. COMMISSIONER ITEMS: A. Commissioner Butler asked staff about the letter regarding the Community Park. Discussion followed. Staff stated this would be on the next Planning Commission agenda. B. Commissioner Tyler gave a report of the City Council meeting of July 19, 2001. X. 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 28, 2001, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 8:48 p.m. on July 24, 2001. Respectfully submitted, 'L_~B~t~J,._~Sawyer, Executive Secretary City'Sf La Quinta, California G :\WPDOCS\PC8-28-O 1 .wpd ] _5