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2003 04 22 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 22, 2003 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 asked Commissioner Kirk to lead the flag salute. B. Present: Commissioners Jacques Abels, Tom Kirk, Steve Robbins, Robert Tyler and Chairman Butler. C. Staff present: Community Development Director Jerry Herman, City Attorney Kathy Jenson, Assistant City Attorney Michael Houston, Planning Manager Oscar Orci, Assistant City Engineer Steve Speer, Principal Planners Stan Sawa and Fred Baker, Associate Planners Wallace Nesbit and Martin Maga~a, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: A. Chairman Butler asked if there were any corrections to the Minutes of April 8, 2003. Commissioner Tyler asked that Page 5, Item //10, be corrected to read "...Lowes is willing to install..."; Page 5, Item //11 corrected to read, "Mr. Randolph stated the rear doors are primarily for delivery and emergency access, but might also become public access doors during busy shopping periods."; Page 5, Item /112 corrected to read: "Mr. Randolph suggested deleting just the last line."; Page 7, Item /15 corrected to read, "There are two parts of the project which will need to have loading areas.", also the last sentence change the last "theirs" to "Building 7"; Page 8, Item //7 corrected to read; "...the rear doors of Building 7 were roll ups."; Item //9 corrected to read "In terms of the landscape setback, he has the same landscape architect as Mr. Paul and Radio Active."; Page 15, Item #25.d. corrected to read, "Mr. Kirk asked if everything that is already built would be exempt." There being no further corrections, it was moved and seconded by Commissioners Kirk/Tyler to approve the minutes as amended. Unanimously approved. G:\WPDOCS\PC Minutes\4-22-O3.wpd I Planning Commission Minutes April 22, 2003 B. Department Report: None V. PRESENTATIONS: None 'VI. PUBLIC HEARINGS: None A. Continued - Tentative Parcel Map 31172 and Site Development Permit 2003-761; a request of Klein Building and Development, Inc. for review of development plans for a seven building commercial complex with 63- 550 square feet of floor area and a subdivision of six acres into eight commercial parcels for the property located on the north side of Highway 111, west of Dune Palms Road. 1. Chairman Butler 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 and presented a perspective drawing showing one view of the building. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler stated that on the revised landscape plan there is a row of trees on the west property line that screen the rear of Building 7, called out as vertical screen trees, but are not on the legend. Staff clarified the tree species was an Acacia which is both a canopy and vertical tree. 3. Chairman Butler asked staff to clarify on the grading plan, on the west side of Parcel 7, where there appears to be a high berm. Staff stated there is a large berm, but no property line wall. The west side of the subject property will be excavated to develop the property. 4. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Nell Kleine, owner and developer of the project, gave a review of the changes they have made to the project. 5. There being no questions of the applicant Chairman Butler asked if there was any other public comment on this project. Mr. J. Paul, 79-440 Corporate Center Drive, stated he appreciates the work that has been done to improve the project. He asked about the elevation facing his building, as it appears there are doors that G:\WPDOCS\PC Minutes\4-22-O3.wpd 2 Planning Commission Minutes April 22, 2003 open onto Corporate Center Drive. He is concerned that no parking is allowed on the street, and how will the customers enter/exit those doors. Mr. Kleine stated there are no ingress/egress through these doors. They are conditioned by Fire Department to have fire exits and they need to be shown on the plans. Mr. Paul stated another concern is that there was no architect on the Architecture and Landscaping Review Committee when this project was reviewed and there needs to be design guidelines set to protect existing building owners when they are reviewing prospective buildings. 6. Commissioner Tyler reiterated that there are no architectural guidelines. 7. Commissioner Kirk stated this project was designed under a specific plan that should set the architectural guidelines for the entire area. If they Wanted to amend it to add additional architectural guidelines, that is possible. 8. Mr. Matthew Johnson, representing Mark Reulman of Radio Active, the adjacent property owner, informed the Commission regarding the reciprocal easements that were being required. He stated they have come to an agreement regarding the easement and they will be granted between the two property owners. Mr. Reulman has agreed to pay for all the paving in the event he goes in first. They have also reviewed the site plan in light of the revisions and they support the project. 9. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 10. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 2003-018 approving Site Development Permit 2003- 761, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC Minutes\4-22-03.wpd 3 Planning Commission Minutes April 22, 2003 11. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2003-019 approving Tentative Parcel Map 31172, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. B. Environmental Assessment 2002-463, Street Vacation RW-C-2003-003, Conditional Use Permit 2002-073, and Site Development Permit 2002- 755; a request of St. Francis of Assisi/Father Jack Barker to Certify a Mitigated Negative Declaration of environmental impact; consideration of a street closure of Washington Street frontage road; a Conditional Use Permit and Site Development Permit to allow the expansion of the parking lot, landscaping and lighting, retention areas, and an additional entry on approximately 30 acres. 1. Chairman Butler opened the public hearing and 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, and Assistant City Engineer Steve Speer presented the information regarding the street closure. 2. Chairman Butler asked if there were any questions of staff. Commissioner Tyler asked when the two left turn lanes are installed at the intersection will the island be removed. Assistant City Engineer Steve Speer stated the small barrier island will be removed and will be converted to a full turn movement. Commissioner Tyler asked when this would be signalized. Staff stated it is to be determined. There are conditions on this development for the Church to pay 25% of the signal costs and the other 75% is currently unfunded. Staff stated the City has to do something to capture the stormwater in the area. The City has been waiting for the property to be developed to joint venture the cost and solution for stormwater retention. Commissioner.Tyler inquired about the condition regarding the closure of the access road and the rerouting of the new arm. Staff stated that in addition to the Church paying for the new signal, there is also a condition requiring the Church to dedicate part of the road as public right of way. This will allow the Arts Foundation to have direct access to a public road and the City will request the road be kept closed off. This will be a dedicated road. G :\WPDOCS\PC Minutes\4-22-03.wpd 4 Planning Commission Minutes April 22, 2003 3. Commissioner Kirk asked if the northern portion of the closure would accommodate all the nuisance water from the Highland Palms residential area. Staff stated yes, except in the instance of a 1 O0 year storm which will require the City to buy more capacity in the retention basin to the south. Commissioner Kirk asked who would be purchasing the private lot in the Highland Palms neighborhood at the northeast corner, referred to in the staff report. Staff stated it is believed the Church desires to do this. 4. Commissioner Robbins asked if the signal would be installed before-the parking lot is put into use. Staff stated the signal will be installed when warrants are met and should the signal not be working, the intersection will only be a right in and right out. Commissioner Robbins stated he was concerned the Church would have such traffic that if the signal was not operational, there needs to be a condition added requiring a Sheriff to be present to help direct traffic on Sunday mornings. Staff stated a signal would be required at the intersection before it would be opened to full turn movements. 5. Chairman Butler asked if a signal had not been approved at Lake La Quinta Drive. Staff stated the City only recently approved the signal. Chairman Butler asked if they would be required to pay any portion of the cost for the signal. Staff stated no, as they had already received their entitlement before Council approved cutting the island. Therefore, not all the developers on the east side will participate in the cost of this signal. 6. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Vince Starace and Father Jack Barker, representing the Church, gave a presentation on the project. In regard to the signal they would suggest that if the signal is not installed the frontage road not be closed. What is important is the sequencing of what will happen first to address the traffic problems. In regard to the right of way, he would like the City to understand how much land is being dedicated by the Church for the water retention. They believe this is more than enough to cover their cost of the signal and it is unfair to require them to pay 25% of the signal costs. They have paid the Fringe-Toed Lizard fees on the current temporary parking lot and should only be required to pay the additional fees on the remaining 9.45 acres. In regard to the payment for the proposed work, they have agreed on a partnership with the City. However, G:\WPDOCS\PC Minutes\4-22-O3.wpd '~ Planning Commission Minutes April 22, 2003 the only way the Church can do this is through an escrow account and explained how that would be accomplished. Farther Barker explained that if the City participates in the cost for all the work, they should be able to meet the costs over time. 7. Commissioner Kirk asked the applicant to describe an Afghan Pine. Mr. Randy Purnel, landscape architect, explained that the Afghan Pine is a commonly used pine in the desert that does well. 8. There being no further questions of the applicant, Chairman Butler asked if there was any other public comment on this project. Mr. Stephen Hill, 46-965 Highland Palm, stated he was concerned that the Church had not complied with the landscaping plans as they were originally approved by the County, and asked that the Commission require the Church to come into compliance with the originally approved landscaping plan. Staff stated the Code Compliance Division of the Building and Safety Department is still investigating the complaint and will follow up with the affected property owners. 9. Mr. Aldo Corsini, 46-975 Highland Palms, stated he has the same concerns and believes the Commission could place a new condition on the project at this time. 1 0. Commissioner Kirk stated there is some precedent set such as the problems the City had with the Home Depot building. He sees no difference in this instance. He asked staff if the concerns being raised were valid. City Attorney Kathy Jenson suggested the Commission hear the Church's response. If there is a condition in place, and the Church is not in compliance with any existing conditions, there are mechanisms to seek revocation of the Conditional Use Permit. Since the Commission is considering this application, the Commission has the discretion to consider the entire site and add any additional conditions. She would not recommend they try to make a determination of whether or not they are in compliance, but if there is a specific item the Commission would like to address as part of their review, the Commission is entitled to impose it. 11. Commissioner Robbins asked if, as an example, they could require the removal of the existing trees and require the planting of the Oleanders. G:\WPDOCS\PC Minutes\4-22-O3.wpd 6 Planning Commission Minutes April 22, 2003 12. Father Barker stated he has never seen any drawings dated 1 984, in regard to this issue. When the Church was first built in 1 984, they went to great pains to keep the lighting levels extremely Iow on the parking lot to the north. The shrubbery/trees that were first planted have worked well and have now reached their full height of 50-60 feet. They did prune the trees to the cost of $13,000 and were told at that time that if the tree heights were reduced more than 25% it will kill them. He does believe there are some alternative plantings that could be considered. He is concerned that if a different tree were approved, they would then be faced with other complaints such as the Church bells or noise. 13. Mr. Hill stated the lights in the parking lot are not the issue, but rather the cars pulling in and out of the parking lot cause the problem. He also has a concern for safety as there is an elevation change between the two properties of 4-5 feet. There is no barrier to keep children from falling down the embankment onto his property, or the neighbors. 14. Mr. Tim Bartlett, 73-382 Salt Cedar Road, Palm Desert, stated he owns the commercial property across the street from the Church and directly across from the Omri and Boni's Restaurant and he was concerned with having to share the cost sharing of the signal. While there are no vertical improvements on his property, the site is fully developed and they have paid their share of the costs for the signals at Avenue 47 and Avenue 48. His request is that since he has not gone vertical on his property, he should not have to bear the cost of the signal. The site improvements and street improvements were completed under the original development of this site. 15. Commissioner Robbins asked if staff was considering conditioning this property to pay for the signal. Staff stated it was a consideration, but it would not be 25%. It would be prorated down to a some extent as they will benefit from the signal. 16. Mr. Aldo, stated another concern is that the trees are so tall that when the Wind blows the yards are covered with leaves and the other problem is that the trees hide the sun from neighbor's backyard which keeps the sun from shining into their yards and swimming pools. G:\WPDOCS\PC Minutes\4-22-O3.wpd 7 Planning Commission Minutes April 22, 2003 1 7. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. - 18. Commissioner Tyler stated he supports the project, but has concerns and compassion for the issues raised by the neighbors. He does not believe their concerns, however, are a problem to be considered at this meeting. 19. Commissioner Kirk commended the landscape architect on his design as it does solve a lot of problems. It does not, however, solve the problems for the neighbors to the north in regard to the nuisance water and transportation issues. He agrees with the sequencing and that the signal be required before the intersection is operational. In regard to the 25% payment for the signal, the applicant will receive benefit from the signal and should therefore share in the cost. 20. Commissioner Robbins stated he agrees with conditioning the project to have the signal installed, or some type of traffic controlling measures, before the intersection is operational. The City buying capacity into the retention basin could be more than the cost of the signal which should be a great help to the Church. He asked if the applicant was paying for all the landscaping, etc, in the street closure area. Assistant City Engineer Steve Speer clarified the City will pay for the removal of the existing pavement, the installation of the retention basin, the sand filters, the landscaping that is in the closure area. The Church will pay for the widening of Washington Street that is across the frontage of the property they are now improving. They will pay for the extension of their own driveways and the sidewalk that runs across the frontage of their newly acquired property. The City will pay for the sidewalk that passes in front of their existing property. This is detailed in the Conditions of Approval. 21. Commissioner Tyler asked about the condition that addressed the timing on when the applicant would be required to dedicate additional right of way; what is the timing for this to happen? Planning Manager Oscar Orci stated it is in the process of being addressed. There is an environmental analysis needed to determine the final width of Washington Street that will be brought back to the Commission. The dedication would be done now and the City will accept either six or 12 feet. It depends G:\WPDOCS\PC Minutes\4-22-O3.wpd 8 Planning Commission Minutes April 22, 2003 upon the final design of the median, whether or not it will be six or 12 feet. Community Development Director Jerry Herman stated the General Plan calls for Washington Street from Avenue 48 to Highway 111 to be an augmented Primary Arterial which is an eight lane facility versus the current six lanes. The Walgreens project was required to dedicate six additional feet. Whether or not the City will built Washington Street now or in the future was not determined, but required the needed right of way during the approval process. If there is a surplus of land after the completion of the road, it will be deeded back to the appropriate property owners. 22. Chairman Butler stated he agrees with the 25% shared cost on the signal. His other concern is the problem with the neighbors. City Attorney Kathy Jenson stated the Conditions of Approval approved in 1984, required a submission of plans to be approved by the Community Development Department and it shows the plans were approved. Once they have been submitted and approved, there is no further action by the City and it may be a civil issue, Based on what she has heard, she is not convinced it is a violation, but rather a civil action. It still needs to be determined whether or not there is a maintenance problem. Staff stated it is unknown whether the violation exists at this time; there is still an investigation in process. 23. Staff stated the drafting of the agreement will be done after the approvals by the City are completed and staff has no objection to an escrow account being established, but the issue will be determined by the City Council. 24. There being no further discussion, it was moved and seconded by Commissioners Tyler/Kirk to adopt Planning Commission Resolution 2003-020, recommending Certification a Mitigated Negative Declaration of environmental impact for Environmental Assessment 2002-463, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 25. It was moved and seconded by Commissioners Kirk/Robbins to adopt Planning Commission Resolution 2003-021, recommending approval of Street Vacation RW-C-2003-003, as recommended. G:\WPDOCS\PC Minutes\4-22-O3.wpd 9 Planning Commission Minutes April 22, 2003 ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 26. It was moved and seconded by Commissioners Abels/Kirk to adopt Planning Commission Resolution 2002-022, recommending approval of Conditional Use Permit 2003-073, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None, ABSENT: None. ABSTAIN: None. 27. It was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2003-023, approving Site Development Permit 2002-755, as recommended/amended: a. Amend Condition //36.1: This access driveway cannot be used until the frontage road is closed and the intersection is signalized. '' ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None.. C. Site Development Permit 2001-711, Time Extension//1; a request of the Baden Family Trust for consideration of a time extension for development plans for a supermarket, drug store and bank building in a Neighborhood Commercial Center at the southeast corner of Avenue 52 and Jefferson Street. 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 why the temporary bank was not included in the time extension. Staff explained there are various components to the Specific Plan and the only portion submitted for the time extension were those listed in the staff report. The bank is part of the specific plan, but not the site development permit. G:\WPDOCS\PC Minutes\4-22-O3.wpd 10 Planning Commission Minutes April 22, 2003 3. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Tim Bartlett, representing the owner of the project, presented the reasons for the time extension. 4. Chairman Butler asked if there were any questions of the applicant. Commissioner Kirk suggested the architectural design be reconsidered when the applicant comes back with their new anchor. Mr. Bartlett asked for clarification..Commissioner Kirk stated he would like the architecture redesigned. Mr. Bartlett stated the architecture was approved under the Specific Plan. If they were to go to a different style they would need additional height. This design will keep that 'height at 26-28 feet. 5. Chairman Butler asked if there was any other public comment on this project. Mr. Joesph Bruido, 77-510 Calle Nogales, stated he was concerned with all the development at the corner' of Jefferson Street and AvenUe 52 being commercial. 6. Mr. Larry Allen, 54-407 Shoal Creek, asked if there was to be any reconsideration of the architectural design, the height of the building should be kept at the 26-28 foot height. 7. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2003-024, approving Site Development Permit 2001- 711, Time Extension #1, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. D. Site Development Permit 2003-763; a request of Paul and Bobbie Jean Kouri for consideration of development plans for construction of a 5,250 square foot commercial restaurant building located on Parcel 11 of Parcel Map 29889 located on the east side of Washington Street, southeast of Avenue 47. G:\WPDOCS\PC Minutes\4-22-03.wpd 1 1 Planning Commission Minutes April 22, 2003 1. 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. 2. Chairman Butler asked if there were any questions of staff. Commissioner Abels asked if this was located between the medical building and restaurant. Staff stated it was east of the temporary bank building. 3. Commissioner Tyler asked what type of service they would be offering. Staff stated the applicant would have to answer that question. 4. There being no further questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Mitchell Gardner, architect representing the owner and developer of the project, gave a presentation on the project. 5. Chairman Butler asked if there were any questions of the applicant. Commissioner Tyler asked if they would be full service restaurants. Mr. Gardner stated Louise's Pantry would be full and the Barbeque restaurant would be lunch and dinner only and both would be in the moderate price range. 6. Chairman Butler asked if there was any other public comment on this project. Mr. Joseph Boudi, stated he was in support of this project. 7. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2003-025, approving Site Development Permit 2003- 763, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. G:\WPDOCS\PC Minutes\4-22-03.wpd 12 Planning Commission Minutes April 22, 2003 E. Site Development Permit 2003-765; a request of Madison Development for consideration of development plans for two, two story retail/office/ restaurant buildings totaling 34,400 square feet and a two story parking structure at the northwest corner of Washington Street and Highway 111, within Point Happy Commercial Center. 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 where the lower level access was taken from. Staff indicated the 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. John Vuksic, architect for the owner and developer of the project, gave. a presentation on the project. 4. Chairman Butler asked if there were any questions of the applicant. Commissioner Robbins stated this is a new standard in the City, both in terms of the rear elevation and parking structure. His issue has always been the rear elevations for projects that back up to the Channel where in some instances they are ugly. This is an excellent job and a standard for any future projects in the City. 5. There being no other public participation, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 6. There being no further discussion, it was moved and seconded by Commissioners Tyler/Abels to adopt Planning Commission Resolution 2003-026, approving Site Development Permit 2003- 765, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: None. G :\WPDOCS\PC Minutes\4-22-O3.wpd 13 Planning Commission Minutes April 22, 2003 VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Chairman Butler gave a report on the City Council meeting of April 15, 2003. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Tyler to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held May 13, 2003, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:07 p.m. on April 22, 2003. Respectfully submitted, -,--B~t~t~ J. S~ w _y~"Executi~r Secretary City of La ~ta, California G :\WPDOCS\PC Minutes\4-22-O3.wpd 14