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2002 11 26 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 26, 2002 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 Butler who lead the flag salute. B. Present: Commissioners Jacques Abels, Tom Kirk, Steve Robbins, Robert Tyler, and Chairman Richard Butler. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, City Engineer Tim Jonasson, Assistant City Engineer Steve Speer, Planning Manager Oscar Orci, Principal Planner Fred Baker, Associate Engineer Eisa Paisley, Associate Planner Wallace Nesbit, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT ITEMS: A. Chairman Butler asked if there were any corrections to the Minutes of November 12, 2002. Commissioner Kirk noted that on Page 2, Item 5 under Roll Call, Commissioner Tyler's vote should show that he was in favor of the project. There being no further corrections, it was moved and seconded by Commissioners Abels/Tyler to approve the mi'nutes as amended. Unanimously approved. B. Department Report: None V. PRESENTATIONS: None VI. PUBLIC HEARINGS: A. Environmental Assessment 2002-459, Specific Plan 87-011 Amendment #4. Conditional Use Pemit 2002-072, Tentative Parcel Map 30903. and Site Development Permit 2002-751: a request of Dale Frank and G:\WPDOCS\PC Minutes\l 1-26-02.wpd ] Planning Commission Minutes November 26, 2002 Associates/Washington 111, LTD, for: 1) certification of a Mitigated Negative Declaration of environmental impact; 2) consideration of design guidelines and development standards for a 488,050 square foot commercial center; 3) consideration of a conditional use permit to allow a health club over 50.62 square feet; 4) consideration of a tentative parcel map to allow the subdivision of 50.71 acres into six parcels; and 5) Consideration of a site development permit to allow construction of five commercial buildings for the property bounded by Highway 111 on the north, Avenue 47 on the south, Washington Street on the West and Adams Street on the east. 1. Chairman Butler 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 Butler asked if there were any questions of staff. Commissioner Tyler asked if La Quinta Center Drive is a public or private street. Staff stated it is private and pointed out all the access points. 3. Commissioner Kirk asked for clarification on the traffic assessment portion of the Environmental Checklist. Environmental Consultant Nicole Criste stated the traffic assessment looked at overall trips and pass by trips are those trips that would be on Washington Street regardless, and would stop in at the center. Commissioner Kirk asked if a Transportation Demand Management (TDM) Plan would be required. Staff stated it would be required. This is the first project that has been conditioned to provide a TDM. Commissioner Kirk asked what the use was for the drive through on Shop 3. Staff stated at the present there is no specified use, but they are talking to Starbucks. The drive through would be approved as part of the Specific Plan. 4. Commissioner Robbins asked if the Champion Chevrolet building and the building at the corner, comply with the height requirements. Staff stated La Quinta Court does have buildings that were approved in excess of the 22-foot height limitation. Commissioner Robbins asked if a Big 5 Sporting Goods store had not already been approved for the center across the street. Staff stated they have decided to be in this project. G:\WPDOCS\PC Minutes\l 1-26-02.wpd 2 Planning Commission Minutes November 26, 2002 5. Commissioner Tyler asked about Condition 7 of the Specific Plan where the applicant is being asked to comply with a future General Plan Amendment. He asked how the City can require the applicant to meet a condition that is not in place at the time of approval. Assistant City Engineer Steve Speer stated the current General Plan identifies Washington Street as an eight lane roadway and there is a potential to reduce that within a General Plan Amendment. The applicant will be required to comply with whichever General Plan requirement is in place at the time the project is built. Commissioner Tyler asked the City Attorney if this was possible. Assistant City Attorney John Ramirez stated he was uncertain and would respond after reviewing the appropriate document. Commissioner Tyler asked why the applicant was being required to pay 50% of the signal at Adams Street and Avenue 47 when it only has one quarter of the corner, or 25%. Assistant City Engineer Steve Speer stated 50% has already been paid for by the Auto Mall and there is no other developer who can be charged, so the applicant has the burden of the remainder of the cost. 6. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Dale Frank, applicant, gave a presentation on the project. In regard to the General Plan Amendment he would dedicate six feet on Washington Street so, if the City goes to four lanes, the land is available with no utilities in the street. 7. Chairman Butler asked if there were any questions of the applicant. Commissioner Abels asked about the proposed market that would be in competition with the existing market. Mr. Frank stated Jensons is a specialty market and the proposed Henry's is a national company that is similar to a Trader Joes which is a different product type. 8. Commissioner Robbins asked about the ancillary doors on the front of the Target building. Mr. Frank stated the site plan is from the Target corporation. Mr. Saeid Shantiyai, representing Target, stated they are offices that need outdoor access. He went on to explain the building design. 9. Commissioner Kirk stated the Target elevation seems to suffer architecturally in comparison to the other parts of the center. By itself it is a good design, but in comparison to the other buildings G:\WPDOCS\PC Minutes\l 1-26-02,wpd 3 Planning Commission Minutes November 26, 2002 it falls short. Buildings 3 and 4 are very well done. The Target needs some work between the entrance and the garden center. The height of Target building is 35 feet and you are asking for additional height on the other buildings. Mr. Frank stated functionally they may need to raise the height. Commissioner Kirk stated that giving more height may be a trade off for additional facade. He would like to see ways to improve the facade design on the Target building. Mr. Frank stated that the parking is sunken which may raise the building. Commissioner Kirk asked about the accesses on Avenue 47. Mr. Frank stated it was an error on the plans and his architects will have to reconfigure the accesses. Commissioner Kirk asked about the impact on the residents on the south side of Avenue 47 in regard to circulation. Mr. Frank stated they have considered the residents and believe they have taken everything into consideration. Commissioner Kirk asked why the landscaping was being phased. Mr. Shantiyai stated the landscaping is colored only for affect, it is not a phasing plan. Mr. Frank stated that as each building is built, the landscaping will be complete for that entire portion of that site. 10. Commissioner Tyler noted that the landscaping looks great on paper, but does not always translate into reality. He asked the location of the loading dock. Mr. Frank noted the location on the site plan. Mr. Shantiyai stated the plan is based on Target's prototype. Commissioner Tyler asked about color variations on the buildings. Mr. Shantiyai stated the color palette shows the colors intended to be used. 11. Commissioner Abels stated he thought there should be a vestibule on the front of the larger stores. Mr. Shantiyai stated they do intend to use one. 12. Chairman Butler stated he is not in favor of a drive through in association with a fast food. He noted the landscaping and extensive trees, but in reality they do not reach any real growth. Mr. Frank stated they are looking for larger trees to initially plant. 13. There being no further questions of the applicant, Chairman Butler asked if there was any other public comment. Mr. Adam Zack, Vice President of Jensons Food, stated they do not oppose the project, but have an objection to Henry's. It is similar to their G:\WPDOCS\PC Minutes\l 1-26-02.wpd 4 Planning Commission Minutes November 26, 2002 store. They are trying to build their store and there lease does have exclusive uses. Besides bring competition to an existing tenant, they believe it may violate their lease. 14. There being no further public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 15. Commissioner Abels stated he thinks it is a great project and he supports it. 16. Commissioner Tyler stated he agrees and asked if the health club was an uncertainty. If the health club was not a known entity, why process the conditional use permit. Community Development Director Jerry Herman stated it gives the applicant the opportunity to secure a health club owner. 17. Commissioner Kirk stated this is an outstanding project and he likes the landscaping. Circulation issues are minor and could be worked out with staff. His greatest concern is the Target building. He thinks it would be appropriate for the building to be taller than proposed and would suggest conditioning the building to be larger and higher with landscaping enhanced along the front. There could be some additional vertical relief as well as horizontal relief. 18. Commissioner Robbins stated that in this case he likes the rear of the building more than the front. They need to do something with the doors on the front of the building. 19. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2002-107 recommending certification of a Mitigated Negative Declaration for Environmental Assessment 2002-459, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 20. It was moved and seconded by Commissioner Abels/Tyler to adopt Planning Commission Resolution 2002-108 recommending approval of Specific Plan 87-011 Amendment #4, subject to the findings and conditions as amended. G:\WPDOCS\PC Minutes\l 1-26-02.wpd -~ Planning Commission Minutes November 26, 2002 a. Condition //82: add after lighting plan, "including illumination plan". ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler and Chairman Butler, NOES: None. ABSENT: None. ABSTAIN: None. 21. It was moved and seconded by Commissioner Abels/Robbins to adopt Planning Commission Resolution 2002-109 recommending approval of Conditional Use Permit 2002-072, subject to the findings and conditions as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler and Chairman Butler, NOES: None. ABSENT: None. ABSTAIN: None. 22. It was moved and seconded by Commissioner Abels/Robbins to adopt Planning Commission Resolution 2002-110 recommending approval of Tentative Parcel Map 30903, subject to the findings and conditions as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler and Chairman Butler, NOES: None. ABSENT: None. ABSTAIN: None. 23. It was moved and seconded by Commissioner Tyler/Kirk to adopt Planning Commission Resolution 2002-111 recommending approval of Site Development Permit 2002-751, subject to the findings and conditions as amended. a. Add a Condition that requires the Target building to have an average vertical height of 35 feet and up to 40 feet and work with staff to seek variation in color or materials on the mid-section of the front facade. b. A vestibule shall be added at the entrance. c. Articulation shall be added around the doors on the front elevation. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler and Chairman Butler, NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC Minutes\l 1-26~02.wpd (~ Planning Commission Minutes November 26, 2002 24. Commissioner Robbins/Kirk moved to reconsider the Specific Plan Amendment. Unanimously approved. 25. It was moved by Chairman Butler and seconded by Commissioner Abels to add a condition to the Specific Plan that no drive through associated with a fast food stores shall be allowed. Unanimously approved. Chairman Butler recessed the meeting at 8:50 p.m. and reconvened at 8:57 p.m. B. Village Use Permit 2002-015; a request of Prest Vuksic Architects for consideration of development plans for construction of a 6,700 square foot office building on a 0.4 acre parcel located at the northwest corner of Calle Amigo and Desert Club Drive. 1. Commissioner Kirk excused himself due to a potential conflict of interest due to proximity of the project to his residence, and left the dais. 2. Chairman Butler opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Chairman Butler asked if there were any questions of staff. Commissioner Tyler asked if the small sliver of land across from Calle Amigo was buildable. Staff stated probably not as a commercial building. Commissioner Tyler stated his concern was that if it is not buildable, this facade would be seen from Avenue 52. Also, it appears the planter in the middle of the parking lot could be eliminated to give more parking spaces. Staff stated they are required to have two-way travel in the parking lot. 4. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Dave Prest, representing the applicant stated he was available to answer any questions. 5. Commissioner Robbins asked how the applicant feels about the suggestions of the Architecture and Landscaping Review Committee. Mr. Prest stated they had no objections and had offered to eliminate a parking space to create a gathering place for the workers of the office building as they suggested. G:\WPDOCS\PC Minutes\l 1-26-02.wpd 7 Planning Commission Minutes November 26, 2002 6. Chairman Butler asked if there were any questions of the applicant. Commissioner Tyler asked if the restrooms both have access from the outside of the building and if so, he assumes they would be controlled by access keys. Mr. Prest stated the idea is to have fairly small offices and one common restroom for the entire building instead of each office. 7. There being no further questions of the applicant, Chairman Butler asked if there was any other public comment. 8. There being no further public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 9. Commissioner Tyler questioned the need for the "gathering place". 10. Commissioner Robbins stated he did agree with idea as it does make for a nicer place to work. 11. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2002-112, approving Village Use Permit 2002-015, subject to the conditions as recommended: a. Condition #30: The gathering place shall be located on the westernmost parking stall in front of the building entry. ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler and Chairman Butler, NOES: None. ABSENT: Commissioner Kirk. ABSTAIN: None. Commissioner Kirk rejoined the Commission. C. Environmental Assessment 99-389 Addendum and Tentative Tract Map 29323. Amendment #2; a request of Cornerstone Development for certification of an Addendum to Environmental Assessment 99-389 and consideration of a second amendment to the tract map to add ten acres and 32 residential lots to the original 117 acre site, located at the northwest corner of Fred Waring Drive and Jefferson Street. 1. Chairman Butler opened the public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information c'ontained in the staff report, a copy of which is on file in the Community Development Department. G:\WPDOCS\PC Minutes\l 1-26-02.wpd 8 Planning Commission Minutes November 26, 2002 2. Chairman Butler asked if there were any questions of staff. Commissioners asked staff to explain the letter received from the City of Indio. Staff stated the issues raised in their letter were vague and staff was unable to reach anyone from the City of Indio to obtain an explanation. 3. Commissioner Kirk asked staff if the developer on the east side of the street, which is in the City of Indio, is not required to pay his portion of the signal costs, would this developer be responsible for the full amount of the signal, and if the developer in Indio pays nothing, then this developer would pay nothing. Assistant City Engineer Steve Speer responded that if the developer creates the impact there is an argument that supports the concept of the developer paying for 100% of the mitigation costs. Staff indicated they would review the condition for an opportunity to clarify the language. 4. Commissioner Robbins stated that since the east side is in the City of Indio, La Quinta cannot require that developer to pay their portion of the signal, and this developer would have to pay the entire cost for the signal. 5. Commissioner Tyler asked if the utility lines would be undergrounded. Staff stated they did not believe they would be. No response was received from liD. 6. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Marvin Roos, Mainiero Smith and Associates, engineers for the project, stated they are happy with the redesign, but would prefer to have a right in-, right out rather than a signal. In addition, they would like to request that four lots be removed from the list of approved pad elevations. Lots 42, 43, 236, 237. 7. Chairman Butler asked if there were any questions of the applicant. Commissioner Tyler asked about the signal costs. 8. Mr. Allan Levin, representing Cornerstone, stated that in regard to the traffic signal, they would be willing to accept limited access instead of paying for the entire signal. The project across the street does not have any requirement to pay any portion of the signal and therefore, it puts the entire burden on them. In regard G:\WPDOCS\PC Minutes\l 1-26-02.wpd ~) Planning Commission Minutes November 26, 2002 to the issue on compatibility, Ponderosa has already been approved for their elevations. In order to approve the units for this development, Ponderosa withdrew their approval and both are before the Commission for review and approval. This way they would not be in violation of the compatibility requirement. In addition, staff has stipulated there can be nothing in the five yard setback. He would like to ask for some latitude for access and air conditioners, etc. 9. Mr. Joe SWain, Cornerstone Developers, stated that in regard to the Biology report there is reference to contacting Fish and Wildlife. Nothing was found in the study and US Fish and Wildlife has transferred the responsibility to Fish and Game who has said the only thing they would be concerned with would be the vegetation. They are working on a mitigation with them. 10. There being no further questions of the applicant, and no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 11. Commissioners discussed whether or not to require the signal or right-in, right-out. Staff recommended leaving the condition as written. 12. There being no further discussion, it was moved and seconded by Commissioners Tyler/Robbins to adopt Planning Commission Resolution 2002-113, recommending certification of an Addendum to Environmental Assessment 99-389, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler and Chairman Butler, NOES: None. ABSENT: None. ABSTAIN: None. 13. It was moved and seconded by Commissioner Kirk/Robbins to adopt Planning Commission Resolution 2002-114 recommending approval of Tentative Tract Map 29323 Amendment //2, subject to the conditions as amended: a. Condition 37: Delete Lots 42, 43, 236, 237 b. Condition //59.A.1 .: Change "reimbursement" to "cash fee" c. Condition //70: change CVWD to Myoma Dunes d. Condition //89: Appropriate wildlife agency G:\WPDOCS\PC Minutes\l 1-26-02.wpd ] 0 Planning Commission Minutes November 26, 2002 ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler and Chairman Butler, NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: A. Site Development Permit 2002-752; a request of Cornerstone Developers/Ponderosa Homes for consideration of a residential tract development with seven single family prototypes with three facade treatments each, and landscaping design plans for the property located on the northwest corner of Fred Waring Drive and Jefferson Street, within Tentative Tract 29323. 1. Chairman Butler asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler asked the location of the models. Staff indicated their location on the site plan. 3. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Joe Swain, representing the applicant, gave an explanation of the models and their location. 4. Chairman Butler asked if there were any questions of the applicant. Commissioner Tyler asked if the CC&R's would eliminate the parking of RV's on the street. Mr. Swain stated this would be included in the CC&R's. 5. There being no further questions of the applicant and no other public participation, Chairman Butler closed the public participation portion and opened the matter up for Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioners Robbins/Kirk to adopt Minute Motion 2002-018, approving Site Development Permit 2002-752, subject to the conditions as amended: G:\WPDOCS\PC Minutes\l 1-26-02.wpd ! ] Planning Commission Minutes November 26, 2002 a. Condition added: If there is an option for a third car garage, it shall be conditioned to a 16 foot approach, except on a cul-de-sac. Unanimously approved. B. Right of Wa.v Vacation 2002-011; a request of the Coral Mountain LLC, for determination of General Plan consistency of the proposed 60-foot wide street right of way vacation for that portion of Madison Street between Avenue 58 and Avenue 60. 1. Chairman Butler asked for the staff report. Assistant City Engineer Steve Speer presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler asked why they want to move the street. Staff stated it is to improve their land plan. Commissioner Tyler stated he would like to know the reason, before approving the request. 3. Commissioner Robbins asked about all the utilities in Madison Street; will they also be realigned. Staff stated this is the first step in the process. The next step is for the City Council to adopt a Resolution of Intent. During the process if utilities are found to be in the street, they will be conditioned to relocated them. 4. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Grady Sparks, representing Coral Mountain, stated the reason for the realignment is for land space and the type of developments they are proposing. A lot of open space is needed or an additional 40- 45 acres. This gives a nice gentle sweep to break up the asphalt jungle. 5. There being no further questions of the applicant and no public comment, Chairman Butler closed the public participation portion and opened the matter up for Commission discussion. G:\WPDOCS\PC Minutes\l 1-26-02.wpd Planning Commission Minutes November 26, 2002 6. It was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2002-115, making a determination of General Plan consistency for Right of Way Vacation 2002-011, as recommended: ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler and Chairman Butler, NOES: None. ABSENT: None. ABSTAIN: None. C. Right of Way Vacation 2002-012; a request of the Louis Campagna, for determination of General Plan consistency for the vacation of a portion of Calle Tampico near Avenida Navarro. 1. Chairman Butler asked for the staff report. Assistant City Engineer Steve Speer presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler asked if this vacation is approved, will the vacated portion become a part of Lot 1. Staff stated it would. 3. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Louis Campagana stated he was available to answer any questions. 4. There being no questions of the applicant and no other public participation, Chairman Butler closed the public participation portion and opened the matter up for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2002-116, making a determination of General Plan consistency for Right of Way Vacation 2002-01 2, as recommended: ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler and Chairman Butler, NOES: None. ABSENT: None. ABSTAIN: None. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. G:\WPDOCS\PC Minutes\l 1-26-02.wpd ! 3 Planning Commission Minutes November 26, 2002 IX. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report on the City Council meeting of November 19, 2002. B. Commissioners asked staff to agendize a discussion of the Compatibility Ordinance. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Kirk to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held December 10, 2002, at 7:00 p.m.- This meeting of the Planning Commission was adjourned 10:24 at p.m. on November 26, 2002. Respectfully submitted, ~~/J,~. Exe~,~tive Secretary City ofLt:a Quinta, California G:\WPDOCS\PC Minutes\l 1-26-02.wpd ]4