2004 10 12 PC Minutes
MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
October 12, 2004
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 Kirk who asked Commissioner Ladner to lead the flag
salute.
B. Present: Commissioners Rick Daniels, Kay Ladner, Paul Quill, and
Chairman Tom Kirk. It was moved and seconded by Commissioners
Daniels/Ladner to excuse Commissioner Krieger.
C. Staff present: Oscar Orci, Interim Community Development Director, City
Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Principal
Planners Stan Sawa and Fred Baker, Associate Planners Wallace Nesbit,
Martin Magaña, and Executive Secretary Betty Sawyer.
II. PUBLIC COMMENT: None.
III. CONFIRMATION OF THE AGENDA: Confirmed.
IV. CONSENT ITEMS:
A. Chairman Kirk asked if there were any corrections to the Minutes of the
regular meeting of September 28, 2004. There being no corrections, it
was moved and seconded by Commissioners Daniels/Ladner to approve
the minutes as submitted.
B. Department Report. City Attorney Kathy Jenson noted a correction on
the Agenda that was pointed out by a member of the public. The
Declaration of Posting should have stated the meeting of October 1 2,
2004.
V. PUBLIC HEARINGS:
A. Continued - Environmental Assessment 2004-516 and Site Development
Permit 2004-811; a request of Rich Boureston for consideration of .
development plans to construct a 42,000 square foot medical office
building on 3.44 acres for the property located at the southeast corner of
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Washington Street and Lake La Quinta Drive.
1 . Chairman Kirk opened the public hearing and asked for the staff
report. Associate Planner Martin Magaña presented the
information contained in the staff report, a copy of which is on file
in the Community Development Department. Staff noted a change
to Condition 33.A~ 1 .a.
2. Chairman Kirk asked if there were any questions of staff.
Commissioner Daniels asked if the conditions were all corrected.
Staff stated yes.
3. Chairman Kirk asked if the applicant would like to address the
Commission. Mr. Rich Boureston, the applicant, stated they have
reviewed the conditions and have no objections.
4. Chairman Kirk noted the building was moved 1 5 feet out of the
Washington Street setback, but he sees there is an easement on
the plans he did not see on the prior submittal. Mr. Boureston
stated this is a proposed utility easement line.
5. Commissioner Quill stated he had spoken with Mr. Boureston prior
to the meeting. He requested the wainscoat be stone and stone
be added around the north entry doors.
6. Commissioner Daniels asked for clarification on Commissioner's
Quills recommendation. He asked what the cost might be. Mr.
Boureston stated it would be very costly. The problem is that
there will be shrubs planted around the building in front of the
wainscoat and the stone will be lost. He would have no problem
doing the nO,rth face around the door, but this is not an entry door.
It is an employee entrance and he does not want to' accentuate
this door.
7. Commissioner Quill stated he would still prefer to see it on this
doors.
8. Chairman Kirk stated he would not want to see it around the
employee entr~nce. He asked if a vertical element would help,
such as palm trees. Mr. Boureston stated a traffic study had been
completed for this project and that study stated there is no need
for a deceleration lane. The City's staff conditioned them for this.
Now in addition to that, the Commission is asking for the extra
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cost of the stone work. He is trying to keep his costs down.
9. Commissioner Quill stated he understands his request. The
deceleration lane is a request of the City Council and not an issue
for the Commission. He does not think the ledger stone is that
much of a cost. Mr. _ Sakahara, the architect, stated they could
use a low seat wall, with stone on the ledger wall surrounded by
landscaping to enhance the patio area.
10. Chairman· Kirk asked if there was any other public comment.
There being no further comment, the public participation portion of
the hearing was closed and open for Commission discussion.
11 . It was moved and seconded by Commissioners ladner/Daniels to
adopt Planning Commission Resolution 2004-076 approving Site
Development Permit 2004-811, as .recommended/amended:
a. Condition #33.A.1.a: amended to read 58 feet instead of
66 feet.
b. Condition added: applicant shall install ledger stone with
benches and tall canopy trees at the northern entrance to
accentuate the patio area..
ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill and Chairman
Kirk. NOES: None. ABSENT: Commissioners Krieger.
ABSTAIN: None.
B. Continued - Village Use Permit 2004-019; a request of Dr. John Dixon
for consideration. of development plans for construction of a 4,494
square foot addition to an existing 1 ,450 square foot building for medical
and office uses for the property located at the northeast corner of Desert
Club Drive and Calle Cadiz.
1 . Chairman Kirk excused himself due to a potential conflict of
interest due to the location of his home and left the dais.
2. Vice Chairman Quill 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. Vice Chairman Quill asked if there were any questions of staff.
Commissioner Daniels asked if staff had any response to the letter
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received from Mr. Tom Kirk. Staff stated they had asked the
applicant to make some of the changes noted in the· letter. In
regard to the parking reduction, staff believes this is what the City
is trying to achieve in the Village. In regard to the noise, staff
asked the applicant to move the air conditioning units and he
indicated they could be moved further from the property line along
with the trash enclosure to create enough Joom on the west side
of the building. In regard to Mr. Kirk's request to view the
landscaping, staff noted they are a public file and anyone can
review them. Unfortunately, staff does not know when they will
be sU,bmitted. A condition could be added that the three adjacent
property owners be notified when they are received.
4. Vice Chairman Quill asked about the 'parking requirement. Staff
noted this Was a general office, not a medical office so the number
of required parking spaces is reduced. Vice Chairman Quill asked
about the lighting plan. Staff noted the lighting on the site plan
and stated there is no overhead lighting proposed. Vice Chairman
Quill askßd if this was to be a general office use and not a medical
office. Staff confirmed this was true.
5. Commissioner Ladner asked about the existing eucalyptus trees.
Staff stated they are on the' property line. Staff has asked the
Building and Safety Department about alternative materials and
construction for the wall and they recommended some materials to
be used and construction alternatives. The wall would be
reviewed during the landscape plan review. The wall could be
constructed to go around the trees.
6. Vice Chairman Quill asked if the applicant would ·Iike to address
the Commission. Mr. Skip Lynch, representing the applicant,
gave a presentation on the project. In regard to the letter from Mr.
Kirk, they have reviewed the request with staff and as noted by
staff, have made changes based on the requests. They will
relocate the air conditioning units and move the trash enclosure.
In regard to the landscaping, they have no issues and can
accommodate the request. They are looking into different wall
materials to not damage the trees and have discussed the trees
with Mr. Kirk.
7. Vice Chairman Quill asked if there were any questions of the
applicant. . Commissioner Daniels asked if the applicant had
received the Fire Department comments. Mr. Lynch stated yes,
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and they have no objections.
8. . Commissioner Ladner asked if anyone knew the condition of the
trees. Mr. Lynch stated they have not had the opportunity to
address the health of the trees.
9. Vice Chairman Quill asked if there was any other public comment.
Mr. Tom Kirk, 78-105 .Calle Cadiz, thanked staff for addressing his
concerns correctly. His only i.ssue· outstanding is the wall and
trees. He stated speaking to an arborist is a good idea to see if
they are worth trying to keep. Generally, staff has done a good
job addressing his concerns and he looks forward to working with
Mr. Lynch and staff to resolve the issues.
10. Vice Chairman Quill closed the public participation portion of the
hearing and opened it for Commission discussion.
11 . It was moved and seconded by Commissioners Daniels/Ladner to
adopt Planning Commission Resolution 2004-077, approving
Village Use Permit 2004-019, as recommended/amended:
a. Condition added: the applicant shall move the air
conditioning units and trashenclos~re. The applicant will
look into materials for the wall that will not damage the
trees.
ROLL CALL: AYES: Commissioners Daniels, Ladner, and Vice Chairman
Quill. NOES: None. ABSENT: Commissioners Kirk and
Krieger. ABSTAIN: None.
Chairman Kirk rejoined the Commission.
C. Conditional Use Permit 2004-086; a request of Wal-Mart Super Center
for consideration of a request to allow 62 metal containers for the
temporary storage of holiday merchandise from October 1 , 2004 through
. December 31, 2004 on the south and east sides of the existing Super
Center Store.
1 . Chairman Kirk informed everyone no action was necessary as the
application had been withdrawn.
D. Tentative Tract Map 30185, 1 st Time Extension; a request of T D Desert
Development for consideration of a time extension to subdivide
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approximately 3.62 acres into seven single-family residential lots, one
open space lot, and a well site, for the property located at the southwest
corner of Cabrillo Way and Mission Drive West~ within Rancho La Quinta.
1 . Chairman Kirk opened the public hearing and asked for the staff
report.' Associate Planner Martin Magaña presented the
information contained in the staff report, a copy of which is on file
in the Community Development Department.
2. Chairman Kirk asked if there were any questions of staff.
Commissioner Daniels asked about the subdivision criteria for this
application.
3. Commissioner Quill stated they are given two years and they can
be granted three extensions. Staff noted no changes can be made
to the map during this process. The Commission should determine
if thère are any changes and add any changes they believe are
necessary.
4. Chairman Kirk asked if the applicant or if there was any other
comment. There being none the public participation portion of the
hearing was closed and open for Commission- discussion.
5. It was moved and seconded by Commissioners Daniels/Ladner to
adopt Planning Commission Resolution 2004-078, recommending
approval of Tentative Tract Map 30185, 1 st Extension of Time, as
recommended.
ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman
Kirk. NOES: None. ABSENT: Commissioner Krieger.
ABSTAIN: None
E. Environmental Assessment 2004-521 and General Plan Amendment
2004-102; a request of the City for consideration of adopting a Negative
Declaration of environmental impact and Amendment to the General Plan
Housing Element.
1 . Chairman Kirk opened the public hearing and asked for the staff
report. Principal Planner Fred Baker presented the information
contained in the report a copy of which is on file in the Community
Development Department. Staff introduced Colin Drukker, The
Planning Center, the City's consultant.
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2. There being no further questions of staff, Chairman Kirk asked if
there was any other public comment. Mr. Arturo Rodriguez,
representing California Rural Legal Assistance (CRLA), stated he
had appeared at the Commission meeting of September 28, and at
that time he was given two weeks to review the September draft
Housing Element. He noted he received the packet on Monday, for
the October 12th meeting. He will be submitting written comment
before the City Council meeting of October 19th. His comments
today are limited to the history of CRLA's participation. He noted
that a page is missing between Pages 42-43 of the comment
letters. He also noted they do not agree with staff's Response to
Comments.
3. Commissioner Daniels noted Southern California Association of
Governments (SCAG) assigns the numbers the City must meet for
its affordable housing quota and the City has worked toward
meeting that quota and it is his understanding the City has met
their quota. He asked Mr. Rodriguez if he was saying the City has
not. Mr. Rodriguez stated that what they have seen in the
Housing Element, not all the concerns have been addressed. For
example, the Hammer property is stated to be owned by the City
and will accommodate 300 + units, but they do not know if this is
true. This is a large number. He noted 92 units will be lost at the
Vista Dunes Mobile Home Park (VDMHP). These units need to be
replaced and are not a part of the SCAG numbers. Commissioner
Daniels asked if he was implying the loss of the VDMHP units
should be added in to the SCAG numbers and CRLA does not
believe the' other programs the City has will accommodate them.
Mr. Rodriguez stated most of the affordable housing needs are
being met strictly by City's Redevelopment funds. No outside
funds are being used to meet the low income housing needs and
they believe that is a concern. The City's Housing Element is
supposed to be in compliance by June of next year and nex~ year
the process will be repeated all over again. Commissioner Daniels
noted however the City has achieved its numbers regardless of
what method is used. Mr. Rodriguez stated his concern is that the
City needs to identify other revenue available to them instead of
depending on the Redevelopment Agency for the funding of
housing projects. He notes the Housing Element states that the
City does not qualify for State and Federal funds and they are not
sure this is true. He needs more time to review the responses.
Commissioner Daniels asked how La Quinta's Housing Element
compares to the other communities in the Valley for compliance.
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The feedback they have received is. that they are do!ng very well.
Other cities have stated they are struggling and doubt they will
ever meet their quota. Mr. Rodriguez stated most cities have
problems constructing affordable housing because of cost and
there is no desire to build affordable housing. There is another city
in the Coachella Valley that does not address any affordable
housing in their Housing Element. He noted the City is way above
the housing numbers allocated for moderate and above moderate.
4. Chairman Kirk stated this public hearing process was continued to
allow Mr. Rodriguez time to review the document and provide
comment. To some degree he believes this was a waste of the
Commission's time as he has not provided any comment. He has
had the material for two weeks and still provides no comment.
Mr. Rodriguez stated the City's Responses to Comments were just
received yesterday with the staff report for this meeting.
5. City Attorney Kathy Jenson noted for the record the City's
Redevelopment Agency acquired the Hammer property in March,
2004. The Specific Plan for the residential portion of this site will
be before the Commission very shortly. It is for 300 very low
rental units.
6. It was moved and seconded by Commissioners Daniels/Quill to
adopt Planning Commission Resolution 2004-079 recommending
to the City Council certification of a Negative Declaration of
environmental impact for Environmental Assessment 2004-0521,
as recommended.
ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman
Kirk. NOES: None. ABSENT: Commissioner Krieger.
ABSTAIN: None
8. It was moved and seconded by Commissioners Daniels/ to adopt
Planning Commissioner Resolution 2004-080 recommending to the
City Council approval of General Plan Amendment 2004-102, as
recommended.
ROLL CALL: AYES: Commissioners Daniels, Ladner, Quill, and Chairman
Kirk. NOES: None. ABSENT: Commissioner Krieger.
ABSTAIN: None
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VI. BUSINESS ITEMS:
A. Minor Use Permit 2004-536; a request of Wal-Mart Super Center for
consideration of a request to allow 62 .metalcontainers for the
temporary storage of holiday merchandise from October 1 , 2004 through
December 31, 2004 on the south and east sides of the existing Super.
Center Store.
1 . Chairman Kirk asked for the staff report. Associate Planner Martin
Magaña presented the information contained in the staff· report, a
copy of which is on file in the Community Developm~nt
Department.
2. Chairman . Kirk asked if there were any questions of staff.
Commissioner Daniels asked the process for approving a Minor
Use Permit. Interim Community Development Director Oscar Orci
stated the Minor Use Permit process is administrative. The
previous requests were subject to a Conditional Use Permit
requirements. However, under the Site Development Permit
approval for Wal-Mart Super Center, the Commission added a
condition that required the seasonal storage bins come back to the
Commission as a Minor Use Permit under Busine$s Items.
3. Commissioner Quill stated that the 2003 minutes should reflect
the discussion regarding the number of bins on this site.
4. Commi'ssioner Daniels stated that what staff has provided as
Attachment 2 are the conditions for this new site. Accordingly he
believes the containers are allowed in the area proposed, subject
to a Minor Use Permit being approved by the Commission.
5. City Attorney Kathy Jenson stated one of the findings must be
that the application will not create conditions that are materially
detrimental to the public health, safety, and general welfare and is
compatible with other properties and land uses in the general
vicinity.
6. There be no further questions of staff Chairman Kirk asked if the
applicant would like to address the Commission. Mr. Mickey
Anderson, representing Wal-Mart, gave a history of the prior
approvals. Mr. Anderson noted Target currently has the containers
in place.
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7. Commissioner Ladner stated ~he does not understand what the
issue is and she does understand the need.
8. Commissioner Quill stated that last year he remembers asking if
they would need the additional bins and believes they stated no.
He does not like it and it is not a temporary situation. It is
permanent and exists for three months out of every year for the
liife of the Super Wal-Mart. In addition, he does not believe the
areas where it will exist have been prepared well enough to
rremove the unsightliness of the containers in a permanent way. If
they are to remain for three months of every year for the rest of
the life of Wal-Mart, then they should be set up in such a way that
they are screened from any public view and the future view from
the people developing behind, to the right, to the left and any
other direction. He cannot in good conscience in any way support
this.
9. Commissioner Ladner stated she does not know what will be
developed behind the Wal-Mart, but this request will come back to
the Commission each year and they may at some time have to
make the determination that it is too much an impact on the
adjoining neighbors.
10. Commissioner Quill asked what the process will be in the future
since it is being reviewed as a Minor Use Permit. Staff stated the
Commission has the discretion to determine whether or not the
activity is a detriment to the surrounding communities. Mitigation
. measures can be established to mitigate the concerns.
11. Commissioner Ladner asked the size of the containers. Mr.
Anderson stated the retaining wall is 20 feet and the containers
are ten feet. Staff noted the wall is eight feet on the Wal-Mart
side and approximately ten feet on the other side.
12. Commissioner Daniels stated it seems this was an anticipated use
and is the place the condition refers to. In his opinion they are in
compliance with the conditions. He would like to request that
when this request is submitted next year, he would like to see
pictures of this year's event to see if screening would help to hide
the containers. Staff noted they would take pictures of the
containers and see if additional screening would make a difference.
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13. Chairman Kirk stated he too believes the discussion last year was
different. He thanked Mr. Anderson for being r~sponsible to apply
for the proper permits. H.e does, however, believe the building
should have been constructed to accommodate the holiday
merchandise. He believes this can work without the containers.
Other retail businesses will have to comply as well. This has been
an issue the Commission has never liked and has allowed it under
duress. He just does not believe it is an appropriate way to store
merchandize.
14. Commissioner Quill stated that if they knew 62 containers would
be needed, then why was the building not built to address this
need. Mr . Anderson stated that for the Christmas rush they will
need to hold on site $12, million worth of merchandise and they
do not have the space.
15. Chairman Kirk asked if every retail business should be granted this
use. Mr. Anderson stated he does not believe every retail business
will need it. Mr. Anderson noted Target already has 11 containers
on site. Staff noted Code Compliance was following up on this
violation.
16. Chairman Kirk asked if there was any other public comment, the
public participation portion was closed and opened to Commission
discussion.
17. Commissioner Quill stated it is three months out of every year and
the areas to place them are not prepared to hide them. They
should be screened from any view of anyone on all sides. He
cannot support this request in any way.
18. Chairman Kirk asked what the outcome would be if it were a two
to two vote. City Attorney Kathy Jenson noted it would be a
failed vote and if a member is absent, it would be brought back at
the next meeting hoping all members would be present. She
would recommend they continue the issue.
19. Commissioner Quill asked if this would go to the Council if they
denied it. City Attorney Kathy Jenson stated it would only go to
Council if it was appealed within a15 day period. It would come
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back to the Commission before it would be placed on the Council
agenda. It is unlikely it will be on the Council agenda even if an
appeal was filed tomorrow before the first meeting in November
and more likely it would be the second meeting in November. Mr.
Anderson stated it is a nature of the beast. It might be an error of
the company for not planning on these storage containers, but he
would like to make a plea for the Commission to understand. He
filed the application for a Conditional Use Permit in August and the
Minor Use Permit the first of October.
20. It was moved and seconded by Commissioner Ladner/Daniels to
adopt Minute Motion 2004-015, approving Minor Use Permit
2004-536, as recommended. The motion failed with
Commissioners Ladner and Daniels voting yes and Commissioners
Kirk and Quill voting no.
21 . Commissioner Daniels asked that Commissioner Krieger be given a
copy of the tape and be prepared to make a decision.
22, Staff asked if it would make any difference if staff worked with
applicant to develop additional screening for the containers.
Chairman Kirk stated probably not with his or Commissioner Quill's
vote.
23. Commissioner Quill stated that if this is to be a problem with all
the retail stores, he would request the application come before the
Commission earlier in the year to give the applicant's time to
address the decision of the Commission. It is unfair to the
applicant to be before the Commission at this late a date with
~nticipation that he would have an approval.
B. Sign Permit 2004-786, Amendment· #1; a request of Thomas
Enterprises/Signarama for consideration of an Amendment to an exist
sign program for The Pavilion at La Quinta project, located at the
northeast corner of Highway 111 and Adams Street.
1 . Chairman Kirk 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. There be no further questions of staff, Chairman Kirk asked if the
applicant would like to address the Commission. Mr . Bob Duarte,
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Sign-a-Rama, representing the applicant, gave a history of the
project.
3. There being no other public comment, the public participation
portion was closed and open to Commission discussion.
4. Chairman Kirk asked if exceptions had been approved prior. Staff
stated yes.
5. Commissioner Quill asked if it was any problem for. the larger
tenants to come before the Commission for approval of a sign
larger than a 100 square feet in size. Staff stated no.
6. Chairman Kirk stated he would not want to see a small tenant with
a 150 square foot sign. Mr. Duarte stated the smaller tenant
would still have to comply with the sign standards.
7. It was moved and seconded by Commissioner Daniels/Quill to
adopt Minute Motion 2004-016, approving Sign Permit 2004-786,
as recommended. Unanimously approved.
VII. CORRESPONDENCE AND WRITTEN MATERIAL: None.
VIII. COMMISSIONER ITEMS:
A. Interim Community Development Director Oscar Orci asked the status of
the Commissioners attendance at council meeting. Staff would see that
the Commissioners receive the schedule in the next packet.
IX. ADJOURNMENT:
There being no further business, it was moved and seconded by Commissioners
Daniels/Quill to adjourn this regular meeting of the Planning Commission to a regular
meeting of the Planning Commission to be held on October 19, 2004, at 7:00 p.m.
This meeting of the Planning Commission was adjourned at 8:47 p.m., on October 12,
2004.
Respectfully submitted,
~~~~e Secretary
City of La Quinta, California
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