2002 04 23 PC Minutes MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampi¢o, La Quinta, CA
April 23, 2002 7:00 P.M.
I. CALL TO ORDER
A. This meeting of the Planning Commission was called to order at 7:09
p.m. by Chairman Abels who asked Commissioner Tyler to lead the flag
salute.
B. Present: Commissioners Richard Butler, Tom Kirk, Robert Tyler, and
Chairman Jacques Abels. It was moved and seconded by Commissioners
Tyler/Butler to excuse Commissioner Robbins. Unanimously approved.
C. Staff present: Community Development Director Jerry Herman, Assistant
City Attorney John Ramirez, Senior Engineer Steve Speer, Principal
Planner Stan Sawa, Associate Planner Martin Maga~a, and Executive
Secretary Betty Sawyer.
II. PUBLIC COMMENT: None.
III. CONFIRMATION OF THE AGENDA: Confirmed.
IV. CONSENT ITEMS:
A. Chairman Abels asked if there were any corrections to the Minutes of
March 26, 2002. Commissioner Tyler asked staff to verify the statement
made on Page 2, Item #6; Page 6, Item #4 be corrected to read, "...no
supporting text given..."; Page 7, Item #6 corrected to state the
elevators were a marketing issue.."; Page 8, Item #12 corrected to read,
"...long term energy cost analysis..."; and Page 10, Item #9 corrected to
read, "...for a total of 74 feet." There being no further corrections, it
was moved and seconded by Commissioners Tyler/Kirk to approve the
minutes as corrected. Unanimously approved.
B. Department Report: None
..... V. PRESENTATIONS: None.
VI. PUBLIC HEARINGS:
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A. Environmental Assessment 20002-443, General Plan Amendment 2002-
084, Zone Change 2002-106, and Site Development Permit 2002-730;
a request of Clubhouse Associates, L.L.C. for a recommendation for
certification of an Environmental Assessment; change the General Plan
Land Use and Zoning Designation from Low Density Residential to High
Density Residential; and approval of development plans for a 149 unit
apartment complex and ancillary facilities located on a 10.75 acre
triangular parcel on the south side of Avenue 52, east of Jefferson
Street.
1. Chairman Abels asked if there was a motion to continue the
project to May 14, 2002 as requested by the applicant.
2. It was moved and seconded by Commissioners Butler/Kirk to
continue the project to May 14, 2002. Unanimously approved.
B. Site Development Permit 2002-731; a request of WG Properties, LLC for
consideration of development plans for construction of a 8,792 square
foot office building on a 1.51 acre parcel located at the east side of
Washington Street, north of Lake La Quinta Drive, within the Lake La
Quinta project area.
1. Chairman Abels asked if there was a motion to continue the
project to May 14, 2002 as requested by the applicant.
2. It was moved and seconded by Commissioners Tyler/Butler to
continue the project to May 14, 2002. Unanimously approved.
C. Environmental Assessment 2002-445, Conditional Use Permit 2002-068,
and Site Development Permit 2002-733; a request of SECO/SDC
LLC/A.G. Spanos Construction, Inc.,l) Recommendation for certification
of an Environmental Assessment; 2) Conditional Use Permit to allow a 1-
3 story, 120 room hotel; and 3) Review of development plans for a 1-3
story, 120 room hotel to be located on the east side of Washington
Street, north of Avenue 48.
1. Chairman Abels asked for the staff report. Associate Planner
Martin Maga~a 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.
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Commissioner Butler asked staff to identify the location of the
three story building on Caleo Bay in relation to Via Florence. Staff
showed how it intersected the eastern building. Discussion
followed as to the location of the three story buildings.
3. Commissioner Kirk asked if the applicant did any visual impact that
would affect view sheds. Staff stated yes, and the architect
would make that presentation. Commissioner Kirk asked how this
property relates to the previously approved medical facility. Staff
showed where the medical building was located. Community
Development Director Jerry Herman clarified it was approved
under a specific plan which does not expire. This project
encompasses part of that site which would require it to be
modified. Commissioner Kirk asked how much of this site
belonged to the earlier specific plan. Staff stated two acres.
Commissioner Kirk asked if the traffic generated by this project
would be more, less, or same amount of traffic as the previously
approved medical center. Senior Engineer Steve Speer stated it is
about the same generation. The one issue is that this project is
taking direct access off Washington Street. The previous approval
had traffic taking access off Caleo Bay. Commissioner Kirk asked
if the traffic distribution with the access off Washington Street,
would be less off Caleo Bay. Staff stated the traffic study
showed by taking the access of Washington Street it will
significantly reduce the amount of traffic on Caleo Bay.
Commissioner Kirk asked if this property would be allowed under
the Regional Commercial land use designation. Staff stated yes as
well as the Community Commercial designation. Commissioner
Kirk asked if a use that is more intense could be put here. Staff
stated the hotel is probably the most intense use, but they could
build up to 50 feet in height. With the zone change it reduces it
to 40 feet and they are proposing 36 feet.
4. Commissioner Butler asked staff to identify where the entrance
was to Lake La Quinta and how the proposed three story buildings
would line up in relation to the entrance to Lake La Quinta.
Discussion followed.
5. Commissioner Tyler stated the way the property is graded the pad
levels are roughly two feet above the sidewalk. Staff stated they
are looking at reducing it down to one foot. If you drop it much
more, the existing infrastructure would not work for the site.
Commissioner Tyler asked how this level compares with the pad
levels on the east side of Caley Bay. Staff stated they are about
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the same. Discussion regarding the pad levels of the project and
the homes in Lake La Quinta. Commissioner Tyler asked about the
lighting. Staff stated the lighting would be the same as the Arts
Foundation project and gave a description. They would be allowed
20 feet high lights and are requesting 12 feet high lights.
Commissioner Tyler asked about the vacation of the restricted
access. Senior Engineer Steve Speer explained that when the map
was created for Lake La Quinta, staff restricted the access from
Washington Street to one location which was La Quinta Drive. In
order for the access to be taken from Washington Street the
actual acquiring of the access must be presented to the City
Council. Commissioner Tyler asked if entry into the project off
Caleo Bay was wide enough to accommodate a left turn lane.
Staff explained it is 40 feet between the curbs. Staff will have a
12 foot center, two-way left turn lane, with 14 foot travel lanes
on the outside. There will be no parking allowed on Caleo Bay.
6. Chairman Abels asked if the applicant would like to address the
Commission. Mr. Lew Bishop, the applicant, gave a presentation
on the project with a sight line presentation. The lighting will be
Iow and hopefully at 10 feet. The maximum height of the building
facing Caleo Bay is only 28 feet. The parapets take it to 36 feet.
7. Chairman Abels asked if there were any questions of the
applicant. Commissioner Tyler asked what the focus of the name
"Residence" meant. Mr. Bishop stated it is designed for longer
stays than the normal.
8. Commissioner Kirk asked the location of the sight analysis. Mr.
Bishop indicated the location on the map. Commissioner Kirk
asked if the impact would be different on the other lots. Mr.
Bishop explained the difference.
9. Chairman Abels asked if there was any other public comment. Mr.
David Flemer, Jr., 47-780 Via Livorno, stated the reason they
moved to La Quinta is for the family friendly environment. They
would like to ask the Planning Commission to vote no on this
project because they believe it is a negative impact to the
residents in the community with small children. A bus stop exists
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at the corner of Via Florence, near the entrance off Caleo Bay into
the property and this is a concern to the parents. The elevation
are also a concern as the second and third floors residents will be
able to see into their backyards which is a violation of their
privacy.
10. Commissioner Kirk asked if anyone had any ideas for better
commercial uses for this property, please state them.
11. Mr. Leo Ahem, 47-780 Via Firenze, stated he had written to the
Commission and outlined eight objections to the project that he,
his wife, and neighbors share. Some of those concerns are safety,
children, emissions, land values, views, drainage and maintenance
of the lake, lighting pollution, Caleo Bay is a Local Street and this
project makes it a major highway. The Commission should take
all these concerns into consideration.
12. Mr. John Miller, HOA Association President, 47-850 Via Nice,
stated his issues were the three stories and being setback 152
feet from Washington Street. The other buildings being built are
not set back this far off of Washington Street. The residents have
expressed concern over the loss of privacy and the limited number
of parking spaces being provided. Where do the employees and
attendees of conferences park? For example the projects at
Highway 111 and Washington which are completed already do not
have enough parking spaces. He understands the need to attract
hotels, but not at the expense of property owners. Hotels should
be on Highway 111. He is also concerned with the high volume
of traffic and 24-hour business. The entrance to Caleo Bay is
directly outside their community and this is where their children
gather to meet the school bus. In regard to the traffic study, his
concern is that those traveling south on Washington Street will not
be able to make a left turn in and will have to turn down Caleo
Bay or Avenue 48 to come into the back entrance to the hotel.
Also, the originally approved medical facility was only a 9:00 a.m.
to 5:00 p.m., Monday to Friday business and this project will be
24-hours; how can it not have a greater impact on traffic?
13. Mr. Tom Plouffe' 47-905 Via Jardin, stated he shares the
concerns expressed by Mr. Miller. When he walks in the morning
he will not be able to see the mountains because of the hotel.
Another concern is parking. There are no other structures in this
area over one story.
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14. Ms. Bernadette McNulty 47-395 Via Opera, has talked to the
architect, and she is an environmental consultant and does like the
design of the building. They have altered the height of the roof
line to break up the space and it is superior to having two or three
giant structures. They are only using 25% of the site for the
structure so there is a lot of landscaping and that is good. The
issue of parking is a concern and they are only providing 1.3
spaces per room and this is not enough. There needs to be more
parking for the employees and attendees. She does not want to
be in her backyard looking at the backside of a three story
building, nor does she want a resident of the hotel looking down
into her yard. Her third concern is the pollution to the lake.
15. Mr. Marshal Italiano 47-785 Via Firenze, stated he lives on the
corner lot directly across the street and does not agree with the
sight lines as presented. The perimeter wall was referred to as
having 9 foot bushes. They are trimmed to six feet. East of his
property the wall is only six feet and that would be at a diagonal.
His biggest concern is not the project, but also what happens to
the other properties on this site and the traffic on Caleo Bay. It
will bring more traffic and pollution. Right now they are an oasis
surrounded by commercial. He understood and accepted the
original medical center because the architecture blended in and
would only be two stories, limited hours and closed on the
weekends. Now this. In addition, probably three quarters of the
community did not receive notice of this meeting. At the far end
of the site there is Palm Desert National Bank, one story and they
have no problem with it. The restaurant was also no problem.
They did have a problem with the design, but they were concerned
with the parking and overflow onto Caleo Bay. His home is 54
feet from the wall. Take a good look at site plans. He would
recommend putting up balloons to look at the effect.
16. Mr. Stephanie Eichel, 47-995 Via Nice, stated she has sold most
of the resales at Lake La Quinta and this project and she has to
disclose the hotel and buyers do not want to buy. This will hurt
their property values. There are other commercial options, such
as a beauty salon, that would not be a three story hotel.
17. Mr. Larry Borses, 78-935 Via Trieste, did parking calculations for
the restaurant and realized the parking would spill over onto the
Caleo Bay. Now this project will add to that. Delivery trucks will
be backed up onto Caleo Bay. No one calculated the number of
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persons delivering as well as attending or working at this project.
This is what he is concerned about.
18. There being no further public comment, Chairman Abels closed the
public participation portion of the public hearing and opened the
matter for Commission discussion.
19. Commissioner Tyler stated he appreciated the public comment In
regard to this parcel of land, the residents of Lake La Quinta have
known since the beginning that it was designated as a commercial
site. If no one knew this, it is an issue with your realtor. In regard
to the water runoff, this is an issue that was addressed when the
specific plan was approved. Research was done at that time and
it was designed to have the drainage from the entire project drain
into the lake. It was designed for this purpose. As far as parking,
it should be looked look at again. The isSue of parking on Caleo
Bay, staff has stated there will be no parking allowed on Caleo
Bay. Children should not be playing on public streets so parents
would not have to be concerned about traffic on Caleo Bay. He
too was concerned about the line of sight as to where the three
story part of the building would be facing Caleo Bay, but at the
moment that is undeveloped property. As to the affect on the
property on Caleo Bay, between Avenue 48 and Via Florence, the
sight line is useful. In regard to the sight line, it works both ways.
If you cannot see the building, they cannot see you. As to the
traffic, all the projects proposed and developed so far have taken
access off Caleo Bay. Now, some entry will be allowed off
Washington Street which will help. Realistically this property will
be developed.
20. City Attorney John Ramirez interrupted by informing the public
that the public comment period has been closed and this is the
time for the Commission to deliberate. This is a public forum and
if everyone could be polite, it would be appreciated by both the
Commission and staff.
21. Commissioner Butler noted he had taken notes on the comments
that were made by those who spoke and a lot of issues were
raised. We all suffer with the growth of the community. We are
ruling on what is allowed for this site. He asked staff to explain
how the water from this project would drain into the lake. Senior
Engineer Steve Speer stated the Spanos Corporation was the
original developer of the site and the lake was made the major
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drainage source for the entire specific plan site. Commissioner
Butler asked if the sight line could be done in reverse. Can the
residents of the hotel see into the Lake La Quinta property owners
backyard? Should mitigation measures be placed on the
development to deter the view.
22. Commissioner Kirk stated the Commission is trying to realize the
impact on the property owners as well as the owners of the
project. This overall is a good project. There are some issues to
address. Most can or have been addressed. He would like to ask
the applicant what the height of the wall was for the sight line
study. Mr. Bishop stated the hedges they measured were
approximately nine feet above the 30 inch wall on the back side
of the walkway on the east side of Caleo Bay. He took a separate
sight line eliminating the height of the existing shrubbery and
lowering the sight line to the top of the six foot wall that is in the
backyard of all the houses and you still cannot see the building.
Because the street curves and because there is a lot of vacant
land to the north, they took the worst case scenario. There are no
balconies facing Caleo Bay except for three that face vacant
property. There is a 30-inch retaining wall at the back side of the
sidewalk and four feet back from that there is a six foot wall. So
from the back of the sidewalk on the east side of Caleo Bay to the
top of the wall is approximately nine feet. Commissioner Kirk
stated that they would be affected while walking whether or not
it was a one story or three story building. What has impressed
him is that this is one of the best looking Residence Inn he has
seen. Rarely do we have applicants who will vary their rooflines.
This has a lot of visual interest compared to what could be a blank
wall of a supermarket or drugstore. Parking is a concern for this
project and generally projects are over parked. He would suggest
the access along Washington Street should be a shared access.
Also, he would recommend a driveway access along the northern
and southern perimeter. Low scale lighting should be applauded
with the ten foot high light standards.
23. Commissioner Tyler asked the location of the windows on Caleo
Bay. Mr. Bishop indicated there is one bedroom window and
indicated how they would block the view into the neighborhood.
24. Commissioner Tyler asked what the setback was for the first
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building. Staff stated the building setback is 80 feet back from
Washington Street. Community Development Director Jerry
Herman stated the previously approved two story Eisenhower
medical facility was 35-36 feet in height.
25. There being no further discussion, it was moved and seconded by
Commissioners Kirk/Tyler to adopt Planning Commission
Resolution 2002-037 certifying Environmental Assessment 2002-
445, as recommended.
ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman
Abels. NOES: None. ABSENT: Commissioner Robbins.
ABSTAIN: None.
26. It was moved and seconded by Commissioners Kirk/Butler to adopt
Planning Commission Resolution 2002-038 approving Conditional
Use Permit 2002-068, as recommended.
ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman
Abels. NOES: None. ABSENT: Commissioner Robbins.
ABSTAIN: None.
27. It was moved and seconded by Commissioners Kirk/Tyler to adopt
Planning Commission Resolution 2002-039 approving Site
Development Permit 2002-733, as amended:
a. The access along Washington Street shall be a shared
access off Washington and reciprocal access to the
northern and southern properties
b. Low scale lighting shall be used with ten foot high light
standards.
ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman
Abels. NOES: None. ABSENT: Commissioner Robbins.
ABSTAIN: None.
Chairman Abels recessed the meeting at 8:43 p.m. and reconvened at 8:49 p.m.
VII. BUSINESS ITEMS:
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A. Site Development Permit 2002-735; a request of Peter and Marie Andriet
for compatibility review of architectural and landscaping plans for a one
story single family residence on approximately 0.2 acres located at 47-
300 Via Ravenna, south of Dulce Del Mar within Lake La Quinta
1. Chairman Abels 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. None.
3. There being no questions of staff, Chairman Abels asked if the
applicant would like to address the Commission. Mr. Frank
Moreno, architect for Peter Andriet stated he was available for
questions.
4. Commissioner Butler asked if this had been approved by the
homeowners' association. Applicant stated yes.
5. There being no further questions of the applicant and no other
public comment, Chairman Abels open the matter for Commission
discussion.
6. There being no further discussion, it was moved and seconded by
Commissioners Tyler/Kirk to adopt Resolution 2002-040,
approving Site Development Permit 2002-735, as recommended.
ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman
Abels. NOES: None. ABSENT: Commissioner Robbins.
ABSTAIN: None.
B. Sign Application 2002-613; a request of JDD, LLC, for consideration of
an amendment to the sign program for La Quinta Court.
1. Chairman Abels 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.
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Commissioner Butler asked why this was being considered a sign.
Staff explained the sign program was created so that all signs
have to be letters. If this were an art feature it would have to be
owned by the City and therefore it has to be a sign.
3. There being no further questions of staff and no public comment,
Chairman Abels closed the public participation portion and opened
it for Commission discussion.
4. Commissioner Kirk asked why staff was requesting to change
Specific Plan Criteria 1.7. Staff stated it was not clear enough as
the applicant drafted it to ensure this business could have two
signs. Commissioner Kirk stated that as now written, for spaces
that face away from Highway 111. Staff stated that in the old
program. Commissioner Kirk noted that now the language
changed. Staff clarified that if you face Highway 111 and the
interior you would be allowed two signs. In this case if you had
wall with a storefront you would be allowed a sign and another on
the corner. Commissioner Kirk stated it is now permissive. As he
reads it under the old version it seems to be more clear that not
facing Highway 111 was for properties on Highway 111. The
new version seems to allow any property that did not face
Highway 111 and was not on Highway 111 to have additional
signs. Discussion followed. Staff would clarify that for properties
on Highway 111 or facing Highway 111 cannot have an additional
sign. Commissioner Kirk stated it appears it would allow an
artistic feature and a sign. Staff explained the artistic feature
could not represent to the product or products being sold in the
building.
5. There being no further discussion, it was moved and seconded by
Commissioners Kirk/Butler to adopt Minute Motion 2002-008,
approving Sign Application 2002-613, as amended:
a. Clarification on signs facing Highway 111.
Unanimously approved.
. C. Zoning Code Interpretation; a request of staff for an interpretation of
Section 9.60.300 of the Zoning Code regarding two story units.
1. Chairman Abels asked for the staff report. Community
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Development Director Jerry Herman presented the information
contained in the staff report, a copy of which is on file in the
Community Development Department.
2. There being no questions of staff, Chairman Abels asked if there
was any other public comment. Mr. Kevin McCune 78-760
Sunbrook Lane, showed the Commission the proposed changes to
their house which initiated the Commission interpretation.
3. Commissioner Tyler asked if there would be any structural
changes. Mr. McCune stated they will have a structural engineer
design the change. Commissioner Tyler stated his only concern
is windows that would invade a neighbors privacy.
4. There being no further public participation, the public comment
portion was closed and open for Commission discussion. Staff
explained possible alternatives as to how the Code could be
written.
5. Commissioner Butler stated this should be done on a case by case
basis. Staff stated it would not be allowed as it would be a
variance which is not allowed. It could be done by zones.
6. There being no further discussion, it was moved and seconded by
Commissioners Kirk/Butler to adopt Minute Motion 2002-009,
directing staff to prepare a Zoning Code Amendment to modify
Section 9.50.300 regarding two story units addressing the
following concerns:
A. Approval is obtained from adjacent property owners;
B. Windows shall be allowed on the street frontage only;
C. The change must stay within the existing structure with no
exterior changes; and
D. Prepare a provision that will not allow any adjoining
neighbor to build a second story that changes the existing
structure.
Unanimously approved.
E. General Plan Consistency Finding; a request of the La Quinta
Redevelopment Agency for finding of General Plan conformity for the La
Quinta Redevelopment Agency's proposed acquisition and development
of The Ranch property with a municipal golf course and tourist
commercial uses.
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1. Chairman Abels 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.
2. Chairman Abels asked if there were any questions of staff.
Commissioner Tyler suggested deleting use of the name "The
Ranch" as it was the name of the former owner and that the
project read "could include golf courses" instead of "would
include". Assistant City Attorney John Ramirez stated is has to
be "would". Commissioner Tyler asked for clarification on the
circulation of Avenue 54. Staff did so.
3. There being no further public participation or discussion, it was
moved and seconded by Commissioners Tyler/Butler to adopt
Resolution 2002-041, finding conformity with the General Plan for
the La Quinta Redevelopment Agency's proposed acquisition and
development of The Ranch property with a municipal golf course
and tourist commercial uses.
ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman
Abels. NOES: None. ABSENT: Commissioner Robbins.
ABSTAIN: None.
VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None.
IX. COMMISSIONER ITEMS:
A. Commissioner Tyler gave a report on the City Council meeting of April
1 6, 2002.
X. ADJOURNMENT:
There being no further business, it was moved and seconded by Commissioners
Kirk/Butler to adjourn this regular meeting of the Planning Commission to a regular
meeting of the Planning Commission to be held May 14, 2002, at 7:00 p.m. This
meeting of the Planning Commission was adjourned at 9:21 p.m. on April 23, 2002.
~ted,
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