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2005 10 25 PC Minutes I I I MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall . 78-495 Calle Tampico, La Quinta, CA October 25, 2005 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 lead the flag salute. B. Present: Commissioners Ed Alderson, Richard Daniels, Paul Quill and Chairman Kirk. It was moved and seconded by Commissioner Daniels/Quill to excuse Commissioner Ladner. Unanimously approved. C. Staff present: Community Development Director Doug Evans, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Planning Manager Les Johnson, Associate Engineer Paul Goble, Associate Planner Wallace Nesbit, Assistant Planner Jay Wuu, and Executive Secretary Betty Sawyer II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of October 11, 2005. There being no changes to the minutes, it was moved and seconded by Commissioners Daniels/Quill to approve the minutes as corrected. V. PUBLIC HEARINGS: A. Site Development Permit 2003-780, Extension No. 1 and Site Development Permit 2003-781, Extension No.1; a request of Kleine Building and Development for consideration of one year extensions of time for construction of two office buildings, for the properties located at 79-215 and 79-245 Corporate Centre Drive; southeast corner of Corporate Centre Drive and Cqmmerce Court within the La Quinta Corporate Centre Specific Plan. G:\WPDOCS\PC Minutes\ 1 0-25-05.doc Planning Commission Minutes October 25, 2005 1. Chairman Kirk opened the public hearing and asked for the" staff report. Assistant Planner Jay Wuu presented the information contained in the staff report, a copy of which is on file in the Community Development Department. I 2. Chairman Kirk asked if there vvere any questions of staff. Commissioner Alderson asked if staff knew the reason they were asking for the extension. Staff stated it was not stated. 3. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Bob Maniero, representing the applicant, stated the extension was needed as the owner has been focusing on a different phase of the development and is now ready for this project. 4. Chairman Kirk asked if there was any other public comment. There being none, the public participation portion of the hearing was closed and open for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Daniels/Quill to adopt Planning Commission Resolution 2005-050 approving Site Development Permit 2003- 780, Extension #1, as recommended. I 6. Chairman Kirk noted that if the City had adopted design guidelines for Highway 111 this building would have been reviewed differently and brought to a higher standard. ROLL CALL: AYES: Commissioners Alderson, Daniels, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None. 7. It was moved and seconded by Commissioners Daniels/Alderson to adopt Planning Commission Resolution 2005-051 approving Site Development Permit 2003-781, Extension #1, as recommended. ROLL CALL: AYES: Commissioners Alderson, Daniels, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None. I B. Site Development Permit 2005-843; a request of East of Madison LLC for consideration of architectural plans and landscaping plans for a G:\WPDOCS\PC Minutes\ 1 0-25-05.doc 2 I I I Planning Commission Minutes October 25, 2005 maintenance complex for the property located at the northwest corner of Monroe Street and Avenue 54, within the Madison Club. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Planning Manager Les Johnson presented the information contained in the staff report, a copy of which was on file in the Community Development Department 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels asked if this was the original location of the building. Community Development Director Doug Evans stated it is the location shown on the subdivision map. Commissioner Daniels asked if staff had considered buffering whether or not the noise should be buffered. Staff noted the amount of landscaping and berming to reduce any noise. 3. Commissioner Alderson asked if the plants listed on the landscape list would require high water usage. Also, there needs to be assurance that there will be no ground contamination from the fertilizers that could be percolated into an adjacent working well. He would like to know how they plan to handle this. 4. . Chairman Kirk asked if there were any questions of the applicant. Commissioner Daniels asked the necessity to have the doors on both sides of the building. Commissioner Quill stated that on this site, it is a necessity of the use. 5. Chairman Kirk asked if the applicant would like to address the Commission. Ms. Cindy Zamora, representing the applicant, stated she did not know the specific on the containers, but will ensure they will not be a hazard. They would work it out with staff. Ms. Zamora stated they would like to delete Condition No. 33. Community Developer Director Doug Evans stated this project is designed so no structure can be seen off- or on-site except for a window at a gate. One foot of the canopies can be see from this one elevation and it is staff's belief the canopies can be lowered one foot. 6. Chairman Kirk asked if anyone else would like to address the Commissioner. There being none, Chairman Kirk closed the public hearing. G:\WPDOCS\PC Minutes\ 1 0-25-05.doc 3 Planning Commission Minutes October 25, 2005 7. It was moved and seconded by Commissioners Alderson/Daniels to adopt Planning Commission Resolution 2005-052 approving Site Development Permit 2005-843, as amended. a. Condition added: Applicant shall work with staff to ensure there is no ground water contamination. ROLL CALL: AYES: Commissioners Alderson, Daniels, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None. C. Environmental Assessment 2005-537 and Tentative Tract Map 33085; a request of Core Homes, LLC for consideration of: 1) Certification of a Mitigated Negative Declaration of environmental impact; and 2) the subdivision of 4.3 acres into seven single-family lots for the property located at the southwest corner of Madison Street and Beth Circle, north of Avenue 52. 1. Chairman Kirk opened th~ public hearing and asked for the staff report. Associate Planner Wallace Nesbit presented the information contained in the staff report, a copy of which was on file in the Community Development Department. Staff noted Condition No. 71 was modified to state south and west property lines. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Alderson asked if the entire site drains into the retention basin. Staff stated that is correct, the southeast corner of the site. Assistant City Engineer Steve Speer stated there is no storm drain to take the water off-site. 3. Commissioner Daniels asked what the plotting pattern was to the south and should the street go through to the property to the south. Staff stated the property to the south is owned by Mr. Robert Smith. There is another ten acre tract, Tract 31852, to the south that has been approved. 4. Commissioner Quill asked if the intent was to leave the trees in place. Staff stated there will be some relocation to accommodate design and grading, but as many as possible are recommended to stay where they are. G:\ WPDOcS\PC Minutes\ 1 0- 2 5-05 .doc I I I 4 I I I Planning Commission Minutes October 25, 2005 5. Chairman Kirk asked if the applicant wanted a narrower road, would staff support it. Assistant City Engineer Steve Speer stated the applicant has not asked for a narrow width; staff has allowed 28 feet between the flow line with no parking on the street. Chairman Kirk stated he did not believe foliage did anything to alleviate noise. Staff stated it may not provide much of a noise buffer, but it does add to the aesthetics. Chairman Kirk stated that all the exhibits he has shows the trees on the inside of the wall. Staff stated they are conditioned to provide a 20-foot landscaping strip along the street. 6. Chairman Kirk asked if the applicant would like to address the Commission. Mr. David Turner, Coachella Valley Engineers, representing the applicant, stated the drawing is conceptual. They intend to match the property to the north with trees and landscaping along the street. In regard to the property to the south, they would take their access off Madison Street. 7. Commissioner Daniels asked if that property would be a cul-de-sac by itself entering off Madison Street. Mr. Turner stated it would depend on how the applicant chose to design the tract. He then went on to explain the drainage of the site. 8. Chairman Kirk asked if there were any questions of the applicant. Commissioner Quill asked the purpose of the easement around the site. Mr. Turner stated it is a drainage easement. Commissioner Quill asked if the footprint on the plans was the footprint of the actual homes, or is this just typical. Mr. Turner stated they are conceptual. Commissioner Quill asked if more trees could be retained. Mr. Turner stated it is the intent to retain as many as possible. 9. Chairman Kirk asked the applicant to explain the street planting. Mr. Turner stated initially there will be two rows of trees outside the wall and when Madison Street is fully developed at least one row of trees would remain with a meandering sidewalk. Assistant City Engineer Steve Speer stated the east half of the street is within the City of Indio. Madison Street is a Primary Arterial with a median. The City has rehabilitated their portion of Madison Street and there are no plans for any further development of the street at this time. Fees are being collected for when it is constructed. G:\WPDOCS\PC Minutes\ 1 0-25-05.doc 5 Planning Commission Minutes October 25, 2005 I 10. Chairman Kirk asked if anyone else would like to address the Commissioner . Mr. Robert Smith, 51-425 Madison Street, immediate southerly property owner, stated his concern with the half acre lots of this project. He requested it be kept consistent with what is developed. He has no other issues. 11 . Commissioner Quill asked if there were any other subdivisions proposed in this area that are less than two acres. Assistant City Engineer Steve Speer stated that on the northwest corner of Avenue 52 and Madison Street there is a tract approved with approximately 14 lots on 8.5 acre site. 12. Mr. Turner stated that in regard to density they believe the half acre lot size proposed is a good blend. 13. There being no further public comment, Chairman Kirk closed the public hearing and opened to Commission discussion. I 14. Commissioner Daniels stated he had no problem with the half acre lots. 15. Commissioner Quill asked if this property was in the equestrian overlay zone. Staff stated yes, it is so zoned. 16. Chairman Kirk asked if this was the maximum number of lots that would be allowed. Staff stated the site is 4.3 acres so it could have 8.6 lots maximum. Chairman Kirk stated he is struggling with approving the higher density in a rural area. 17. Commissioner Alderson stated that given the configuration of the lots and access, he has no problem with the project as designed. 18. Commissioner Quill asked how many lots were being developed to the north. Staff stated there are two tracts approved to the north that are one acre lots and the drainage is contained on the individual lots. Commissioner Quill stated he thought that in this location, the lots should be one acre. 19. Chairman Kirk asked staff what their options were. Community I Development Director Doug Evans explained they could approve, G:\WPDOCS\PC Minutes\10-25-05.doc 6 I I I Planning Commission Minutes October 25, 2005 deny or request the applicant to remove the application from the calendar and allow them to redesign the project. City Attorney Kathy Jenson clarified that should they determine to deny the project, the application should be continued to allow staff to draft a resolution with findings for denial. Should the Commission vote and there is a tie vote, the project would automatically be continued to the next meeting. 20. Chairman Kirk reopened the public hearing. 21 . Mr. David Neale, owner of the property, stated they have made every effort to bring a project to the City that they can be proud of. He has met with the adjoining property owners to make them aware of his project. Chairman Kirk asked if the applicant would prefer to have a continuance or denial. Mr. Neale asked what his rights would be should he receive a negative vote. City Attorney Kathy Jenson stated he would have a right of appeal to the City Council. Community Development Director Doug Evans asked that staff have an opportunity to speak with the applicant and bring this application back to the Commission in two weeks. Mr. Neale stated that if it is for less lots, he would prefer to have a vote at this time. 22. Commissioner Alderson asked how many lots could they design and have on-site drainage. Staff stated one-acre sites are the minimum to retain on site to get the retention needed. 23. Commissioner Daniels stated he supports the project as recommended by staff. Although the project to the north is one acre lots and this project has half acre lots, he does not see the reasoning for requiring this project to be one acre lots. 24. Chairman Kirk closed the public participation portion of the hearing. City Attorney Kathy Jenson recommended the Commission not close the public portion and allow testimony at the next meeting. Chairman Kirk reopened the public hearing. 25. Following discussion,· it was moved and seconded by Commissioners Daniels/Quill to continue the project to November 8, 2005. Staff to prepare a resolution with alternative findings for denial. Unanimously approved. G:\WPDOCS\Pc Minutes\10-25-05.doc 7 Planning Commission Minutes October 25, 2005 Chairman Kirk recessed the meting at 8:23 p.m. and reconvened the meeting at 8:33 p.m. I C. Specific Plan 2002-062 Amendment #1, and Tentative Parcel Map 33908; a request of Regency Marinita-La Quinta, LLC for consideration of amendments to the Specific Plan for a neighborhood shopping center to include a supermarket, drug store, and additional retail with a maximum building height of 35 feet. The amendments are sought to change the site plan to relocate the drug store site and amend certain design standards, including reducing certain landscape setbacks from 15 to five feet adjacent to Monticello park, and to subdivide the 10.6 acre site into seven commercial parcels for the property. located at the southwest corner of Jefferson Street and Fred Waring Drive. 1 . Chairman Kirk opened the public hearing and asked for the staff report. Consulting Planner Nicole Criste presented the information contained in the staff report, a copy of which was on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Daniels clarified the zoning for Neighborhood Commercial does not allow for a drive-thru as well as the Specific Plan. Ms. Criste stated that is correct in regard to the zoning. There is an allowance for restaurants and drive-thrus in the Specific Plan, but there is not a clear allowance that they come together. I 3. Commissioner Alderson asked how staff determined the gas station would not be constructed. Staff stated it is up to the grocery store as to whether or not it would be constructed. 4. Commissioner Quill asked if the bank liB" building condition restricting any fast food was amenable. Staff stated it would eliminate the concern regarding the noise levels for 24-hours service. 5. Commissioner Alderson asked which pads could have fast food. Staff noted Bank A and Bank B are called out specifically. With an allowance for fast food, PadC could have fast food, but it is not called out at this time. I G:\ WPDOCS\PC Minutes\ 10-25-05 .doc 8 I I I Planning Commission Minutes October 25, 2005 6. Commissioner Quill asked if there was any phasing of the project. Staff stated the parcels could· be developed individually within the limits of the Specific Plan. Commissioner Quill asked if there was a drug store under construction across the street. Staff stated it is approved and under construction. Community Development Director Doug Evans stated drive-thru restaurants are a prohibited use in a Neighborhood Commercial zone and staff would not recommend approving any specific plan allowing a use that the underlying zoning specifically does not approve. 7. Chairman Kirk asked for clarification. Staff stated the Specific Plan did not originally contain drive-thru restaurants. Chairman Kirk stated that he understood a specific plan could be used to allow a use that is prohibited. Community Development Director Doug Evans stated it was his understanding that it was allowed with the submittal of a conditional use permit and that was not the case. City Attorney Kathy Jenson stated the zoning is not being changed. Normally, a specific plan is used to deviate from some development standard; it is not used to allow a use that is prohibited in the underlying zoning. 8. Chairman Kirk asked if the applicant would like to address the Commission. Mr. Paul Dubey, representing the applicant, stated they are not looking for approval of any -drive-thru restaurant. Both pads are anticipated to - be banks with drive-thru A TM machines. He went on to give a presentation on the project. Mr. James Cary, architect for the projec~ gave a presentation on the project design. Staff asked that Condition. No. 10 be deleted and Condition No. 14 be amended to read, "The retail uses on-site will operate from 6:00 a.m.-to 12:00 a.m. Monday through Sunday. All uses in Shop 1 and Pad C shall operate from 6:00 a.m. to 12:00 a.m. Monday through Sunday." The next sentence shall be deleted. "The market drug store, bank A TM machines, and fueling station would be open 24-hours seven days a week." II All references to drive-thrus shall be removed from the Specific Plan." - 9. There being no questions of the applicant, Chairman Kirk asked if there was any other public comment. Mr. Byron Woosley, 43-502 Torphin Hills, Indio, representing the HOA for Heritage Palms, asked that his e-mail be made a part of the minutes for this hearing. G:\WPDOcS\PC Minutes\ 10-25-05.doc 9 Planning Commission Minutes October 25, 2005 10. Commissioner Quill asked how they intended to phase the project. Mr. Dubey stated they do not intend to phase the project. I 11 . Commissioner Alderson asked if the fueling station were to be constructed, would the lighting be reduced. Mr. Dubey stated it would be required to file a Conditional Use Permit and it could be regulated at this time. Commissioner Alderson asked the height of the Pad C, Shop 1. Mr. Cary stated it is 20 feet with a 22 foot tower and there will be an eight foot high masonry wall along the perimeter. 12. Commissioner Quill asked if the site gradually went lower the further you went back. Mr. Keith Gregori, stated the grade difference changes the farther you go back into the project. 13. There being no further public comment, the public participation portion was closed and open for Commission discussion. 14. It was moved by Commissioners Quill/Daniels to adopt Planning Commission Resolution 2005-053, recommending to the City I Council approval of Specific Plan 2002-062, Amendment #1, as amended: a. Condition No.1 0: deleted b. Condition No. 14: amended to read, "The retail uses on-site will operate from 6:00 a.m. to 12:00 a.m. Monday through Sunday. All uses in Shop 1 and Pad C shall operate from 6:00 a.m. to 12:00 a.m. Monday through Sunday." The next sentence shall be deleted. "The market drug store, bank ARM machines, and fueling station would be open 24- houses seven days a week." c. Condition added: "All references to drive-thru restaurants shall be removed from the Specific Plan." d. Condition 11 modified to read, "The average width of landscaping along the west property line shall be 7.6 feet instead of eight feet." ROLL CALL: A YES:Commissioners Alderson, Daniels, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None. 15. It was moved and seconded by Commissioners Quill Daniels to adopt Planning Commission Resolution 2005-056, recommending I G:\ WPDOCS\PC Minutes\ 1 0-25-05.doc 10 I I I Planning Commission Minutes October 25, 2005 to the City Council approval of Tentative Parcel Map 33085, as amended: a. Condition No. 45: amended to add U ...as approved by the City Engineer." ROLL CALL: A YES:Commissioners Alderson, Daniels, Quill, and Chairman Kirk. NOES: None. ABSENT: Commissioner Ladner. ABSTAIN: None. VI. BUSINESS ITEMS: None. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Review of City Council meeting of October 18, 2005. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Daniels/Alderson to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on November 8, 2005, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:21 p.m. on October 25, 2005. Respectfully submitted, ><t(2£d~ Be ty awyer, Executive Secretary City of La Quinta, California G:\WPOOCS\Pc Minutes\ 1 0-25-05.doc 11