2008 04 08 PC MinutesMINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Half
78-495 Calle Tampico, La Quinta, CA
April 8, 2008
CALL TO ORDER
7:00 P.M.
A. This meeting of the Planning Commission was called to order at 7:00
p.m. by Chairman Ed Alderson who asked Commissioner Wilkinson to
lead the flag salute.
B. Present: Commissioners Paul Quill, Robert Wilkinson, and Chairman Ed
Alderson. Absent: Commissioners Katie Barrows and Jim Engle.
C. Staff present: Planning Director Les Johnson, Planning Manager David
Sawyer, Assistant City Attorney Michael Houston, Principal Engineer Ed
Wimmer, Principal Planner Stan Sawa, and Executive Secretary Carolyn
Walker.
II. PUBLIC COMMENT: None.
III. PRESENTATION: None.
IV. CONFIRMATION OF THE AGENDA: Confirmed.
V. CONSENT ITEMS:
A. Chairman Ed Alderson asked if there were any changes to the Minutes of
March 25, 2008. There being none, it was moved and seconded by
Commissioners Quill/Wilkinson to approve the minutes as submitted.
Unanimously approved.
VI. PUBLIC HEARINGS:
A. Specific Plan 2002-062 Amendment No. 2, Site Development Permit
2007-898; a request of Regency Marinita La Quinta, LLC for
consideration of 1) Development Guidelines and Principles to allow
Development of a Retail Shopping Center on 10.79 acres, 21
Architectural and Landscaping Plans fora 90,441 square foot Shopping
Center located on the southwest corner of Jefferson Street and Fred
Waring Drive.
P:1Reports - Pg20081422-OS1Minutes 408-08.doc
Planning Commission Minutes
April 8, 2008
Chairman Alderson 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 Planning Department.
Chairman Alderson asked if the OSH building height was 41 feet. Staff
said yes.
Chairman Alderson asked if there were any water features included.
Staff replied there were not.
Chairman Alderson asked if there were any questions of staff.
Commissioner Wilkinson had a question about the elevation of the homes
south of the project. Staff stated the residences were four feet lower
compared to Shops 1.
Commissioner Wilkinson asked about the park. Staff said it was a park
and retention basin and quite a bit lower than the project. Commissioner
Wilkinson was concerned about line-of-sight and the views of the nearby
residences. Staff said from the south or the west people would see some
of the buildings. There was proposed landscaping along both of these
properties. When the landscaping has matured the trees will screen
some of the project.
Commissioner Wilkinson said one of the Conditions of Approval discusses
delivery times. He asked if the deliveries, for the hardware store, would
be made at the rear of the store. He also asked about early morning
deliveries. Staff replied that Condition is the same as that imposed in
2002 and suggested the applicant address the Commissioner's concerns.
Commissioner Wilkinson asked if the City Code required no work before
7:00 a.m. Chairman Alderson said that Code reference was related to
construction, not retail deliveries. Staff pointed out Condition 100 which
states "Deliveries to Shops 1, Fresh & Easy food store, and OSH
Hardware or subsequent tenants shall not occur between 9 p.m. and
8:00 a.m." Staff said this should be compatible with the nearby
residences as far as delivery times are concerned.
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Commissioner Wilkinson had a concern about the north entrance off of
Jefferson where the parking areas come out into the driveway lane. He
said motorists will be driving fast and traffic will be coming out of the
parking areas at a lower rate of speed. He asked if this could be a
potential problem.
It was pointed out Commissioner Wilkinson was discussing the northern
entrance off Jefferson Street. He suggested moving the building Pad A
to the north, with parking on the south side of building, to alleviate the
problem. Staff asked if he meant flipping the building and the parking in
that area. Commissioner Wilkinson said he was suggesting moving the
building over.
Chairman Alderson said the alternative would be to stop traffic from
using the driveways on either side or re-direct that exiting traffic.
Commissioner Wilkinson said it was more the south area where it gets
complicated if someone is entering the site and wanting to turn left into
the bank parking area. It can create a bottleneck. He gave the example
of the problem at Adams Street and Highway 1 1 1 by the carwash.
Chairman Alderson suggested the applicant's engineer could address that
question when they make their presentation.
Commissioner Wilkinson said the photometric study showed the
southwest corner of the project had very low numbers and it appeared to
be very dark.
Commissioner Quill said it was for the protection of the nearby houses.
Staff said there would have to be some additional lighting in that area,
but they would look at the final photometric study and make sure there
was adequate lighting for safety, but still have the appropriate shielding
for the neighbors.
Chairman Alderson said this project was "parked out". He asked if the
applicant was made aware of the fact that if he changes his mix of
tenants and an incoming tenant has a higher parking requirement there
will be no "leeway" to accommodate the parking. Staff replied the
applicant had been informed of the parking requirements.
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Chairman Alderson asked that a condition be added that the approval is
for the two currently proposed drive-through uses, but should a new
tenant request adrive-through for food use, it would be denied. Staff
clarified they would not administratively approve adrive-through for fast-
food.
Chairman Alderson asked if there was any protection provided to
eliminate the possibility of the public falling into the retention basins.
Staff said normally no restrictions were required. Chairman Alderson
asked if staff felt there was a hazard. Staff replied Public Works had
analyzed the plan and would have commented on it if there was a safety
issue involved. Principal Engineer Ed Wimmer agreed.
Chairman Alderson asked if there were any major concerns expressed at
the recent neighborhood meeting. Staff stated they did not attend the
meeting and they had not subsequently been made aware of any major
concerns.
Chairman Alderson asked if the area designated for the City of La Quinta
entry monument was only to have a City sign, or was the applicant
including tenant signs. Planning Director Johnson said the area was
reserved for the future use of a City entry-only sign such as the one in
front of Home Depot.
Chairman Alderson commented about the height of the OSH tower being
42 feet. Staff replied it had previously been approved at 41 feet.
Chairman Alderson said Code limits that tower to 28 feet and said the
City was giving up a 14 foot condition. Staff said that was right.
Chairman Alderson was not trying to "nit pick" but it seems that every
time an applicant comes in they raise these buildings a foot or two
higher. He said he would look down on anything higher than this in the
future.
Chairman Alderson complimented the Architecture and Landscaping
Review Committee on the fine job they did in analyzing the building
design. Their comments were extensive and to the point, especially those
of Committee Member Fitzpatrick. He also applauded the applicant for
incorporating the ALRC-requested changes into the plans.
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Commissioner Quill asked if the original plan was included in the packet.
Staff said it was attachment no. 3.
There being no further questions of staff, Chairman Alderson asked if the
applicant would like to address the Commission.
Mr. Rick Stokes representing Regency-Marinita said the primary concern
of the residents was the height of OSH. OSH has failed to execute an
agreement with the developer to be part of the project. They are asking
the commission to approve the project without the OSH portion of the
project.
Chairman Alderson wanted to know if they were asking for approval of
the OSH pad, but not a building. Mr. Stokes said they wanted the
approval of the 42,500 square foot building area as a pad. They have
worked with staff on the Conditions of Approval and only have a couple
of concerns.
The first would be 1516)1-a); that the last sentence be changed from
"The applicant shall pay to the City of La Quinta this fair share prior to
the issuance of the grading permit" be changed to read "...prior to the
issuance of building permits."
Mr. Stokes wanted to address Condition No. 93 which referred to the
CVS Pharmacy. He said there was a representative from CVS Pharmacy
present to discuss this Condition.
Commissioner Quill said the idea of approving a structure without
knowing what the structure is for is problematic. He said he could not
approve the specific square footage. Mr. Stokes said they were
requesting approval of the pad based on the whole Site Development
Permit.
Commissioner Quill said he was concerned about approving the square
footage because he did not know what the future usage would be.
Planning Director Johnson suggested it be identified as retail not to
exceed that amount so the parking ratio will still work. He added, a
footprint and the square footage have to be identified for the Specific
Plan purposes. Obviously the design character and everything else in the
specific plan would hold true for any amendments to the site
development permit that would come before you for future adjustments
to either the footprint or the architecture of the building not to exceed
42,500 square feet.
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Commissioner Wilkinson asked if the hours of delivery beginning with
7:00 a.m. were included in the conditions of the previous applicant and
asked if that had anything to do with the neighborhood meetings. Mr.
Stokes said the neighbors were concerned about that condition and he
assured them it was covered in the Conditions of Approval.
Commissioner Wilkinson had concerns about congestion at the entrance
to the parking lot and asked how the site would be impacted if Building
A was flipped with the parking area to the immediate north.
Chairman Alderson said it would only solve half the problem.
Commissioner Wilkinson gave some scenarios of parking problems. Mr.
Stokes gave an explanation of how the circulation would work using the
example of a bank tenant which is a very low intensity use. He said the
plan would then be do-able if they were to flip the building and the
parking area.
Commissioner Wilkinson asked if emergency services had approved the
turning radii. Staff said they had received no negative comments on this.
Mr. Stokes said they submitted the plans to Riverside County and they
had several comments, with their main concern being the ability to make
a left-hand turn on to Jefferson.
Commissioner Wilkinson commented on the direction the traffic would
have to take. He asked Staff if they looked at the lighting and how it
influenced the neighbors in the southwest corner of the parking area. He
said if the use is changed it could affect the lighting. He asked if there
was a way to get more lighting below the wall. Staff said there should
be a way of adding lighting there with proper shielding. Commissioner
Wilkinson said the photometrics study showed zero light in that area.
Staff said they would make sure there was adequate lighting. There was
a preliminary photometric study, but the final would provide adequate
lighting.
Planning Director Johnson suggested if the Planning Commission wants
to add a Council recommendation staff could work with the applicant to
assure there is adequate lighting and less impact on the nearby
residences.
Commissioner Wilkinson asked if they would be looking at signage later.
Staff replied yes.
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Planning Director Johnson clarified there is an allowance for architectural
features up to fifteen feet in excess of the regular height requirements in
the non-residential district. Chairman Alderson said when the large
building is taken out the tower feature will be removed and no longer a
concern. The other heights are within the logical allowable amount the
Commission has approved. His point was there just seemed to be so
many applicants exceeding the height regulations lately.
Chairman Alderson asked if the lighting stands alone or was it attached
to the OSH building. Planning Director Johnson replied the photometric
plan took into account parking lot lighting only. An updated photometric
plan would have to be worked out with the applicant.
Commissioner Quill said one of the things discussed the first time this
application was approved, was discussion about the fact there was a
park and residential community behind it and, yet no walking or bike
access had been provided into the shopping center. He asked when the
City would begin requiring the addition of pedestrian-friendly uses to
shopping centers. He was also concerned about the potential for driving
problems just to access the shopping center and said the Commission
should be promoting pedestrian-friendly access.
Chairman Alderson asked if the project was approved, would the
applicant begin construction immediately. Mr. Stokes said they were
hoping to. They currently had their plans in for Shops 1, 3, and Pad A
had already been through first plan check. Chairman Alderson confirmed
they were just waiting for approval to submit plans. Mr. Stokes replied
they were.
Chairman Alderson asked if the grading plan was ready to go with the
elimination of the OSH building. Mr. Stokes said they were waiting to
submit their grading plan with changes.
Chairman Alderson asked staff, regarding the grading plan, if the client
would have any problems if they omitted the OSH pad, from the
application, and did not have any changes in grading topography or
anything. Principal Engineer Ed Wimmer said it did not appear to be any
problem at all.
Ms. Holly Gryzywacz, (representing CVS Pharmacy), 5850 Canoga
Avenue, Suite 650, Woodland Hills, California said this design concept
was based on the 2004 approval. It was the original concept with a
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slight modification. (Mr. Stokes held up two sets of drawings; one with
the original plan and one with the latest drawings.) Ms. Gryzywacz said
the architect-drafted architecture would blend well with the center's
architecture. They tried to maintain the original concept including arches.
Chairman Alderson asked if they were looking at the first submittal or a
recently amended one. Mr. Stokes clarified what they were looking at.
Ms. Grzywacz said they took the recommendations of the Architecture
and Landscaping Review Committee and were working to remove the
columns to bring the building into cohesion with the rest of the center.
They tried to preserve the windows, but she had no problem with adding
back the columns. Chairman Alderson asked her if staff was
recommending the original design. Ms. Grzywacz said yes.
Chairman Alderson said if there were no more applicant representatives,
he would call up Mr. Greg Cairns, whose wife had sent an a-mail to the
Commissioners with concerns about the project.
Mr. Greg Cairns, 79-966 Memorial Place, La Quinta said they were
relieved to hear the concerns brought up by the Planning Commission.
His concern was the type of trees that would be planted near his home,
because all the tumbleweeds ended up in their yard. They would like to
have "clean" trees rather than Tipu trees near their yard to help with the
dust and debris. Other than that inclusion, they were happy with the
plan. After attending the meeting tonight he was confident the Planning
Commission was on top of the situation. Chairman Alderson
complimented Mrs. Cairn's well-written a-mail.
Chairman Alderson asked if there was any public comment.
Mr. Mike Flynn, Project Architect, 17-992 Mitchell South, Irvine,
California 92614, had a couple of items regarding changing the trees in
the southwest corner, which was no problem. He said they would be
going back through the Architecture and Landscape Committee with
those changes. Chairman Alderson asked about he preliminary landscape
plans. Staff clarified the conceptual plans were taken to the Planning
Commission and the final plans were conditioned to be approved by staff,
then taken to the Architecture and Landscape Committee for final
approval. Mr. Flynn said he thought they could work something out that
would give them conceptual grades. ADA access there wouldn't be any
problem with including an opening so you could walk through the park
and get access to the shopping center.
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Commissioner Quill said while Mr. Flynn was at the podium he wanted to
ask a question of Mr. Cairns. Commissioner Quill said this site plan lays
out as Neighborhood Commercial without access and it's hard to make
changes when they weren't intended from the beginning, but that being
said, he asked Mr. Cairns if he thought the residents of the neighborhood
would like to have access to the center. Mr. Cairns said yes they would
and gave an example of trying to get to a business across Jefferson.
Commissioner Quill said he wanted to have a resident's point of view
because sometimes the residents don't want access because they think it
would be problematic. He just wanted Mr. Cairns' point of view. Mr.
Cairns was in favor of accessibility to the project.
Chairman Alderson called on Mr. Sklepko, Project Engineer, D.R.C., 800
S. Rochester Avenue, Suite C, Ontario, CA 91761. He has been the civil
engineer on the project and could answer any questions on the site.
Commissioner Quill said the building pad elevation for OSH is at 49-feet.
The houses near it looked like they're roughly four feet lower. Could
conceivably the building pad heights come down some in relation to the
adjacent property in order to reduce the overall elevation of the height.
Mr. Sklepko said, on the south and west, they are really matching grade.
They have some slope differential on the south side. They are actually
slightly lower than the face of the wall. He was not sure if it was 4-feet
throughout the plan. Commissioner Quill commented on how he arrived
at the four-foot difference. Mr. Sklepko looked at the conceptual grading
plan and confirmed the four foot difference. He went over the various
grades in the project and said drainage was going into the southeast
corner of the site therefore he does not have the ability to lower the
grade and still provide drainage.
Commissioner Quill said, in general, commercial sites on corners are
lower.
Chairman Alderson asked if it was safe to say they designed the site to
balance. Mr. Sklepko said there would be an export of 9200 cubic feet.
They would be increasing the export. Chairman Alderson asked about
the export in the driveways. Commissioner Quill asked if the grade could
be lowered and still maintain the drainage patterns needed to get back
towards the retention basins. It would be helpful to lower the grades so
the building pads were in better relationship to the adjacent residential
development. Mr. Sklepko said possibly they could make some minor
adjustments, but no dramatic changes.
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Chairman Alderson commented on the storm drain, as well as the
overflow into the retention basin on the west and south sides. Mr.
Sklepko explained where the basins were and their usage.
Chairman Alderson asked if there are three retention basins including an
underground collection site. Mr. Sklepko aid the underground facility was
closer to Jefferson.
Chairman Alderson asked Mr. Sklepko to re-address the grading issue and
see what could be done about providing some better grading to satisfy
Commissioner Quill.
There being no further public comment, Chairman Alderson closed the
public participation portion of the meeting and opened the matter for
Commission discussion.
Commissioner Wilkinson asked if the applicant was going to close off one
of the driveways to correct the cross-traffic problems. Chairman
Alderson said the applicant needed to re-address the driveway and the
entry so the two drives could be placed further west.
Commissioner Wilkinson said he was not as concerned with the side
accesses on the north, but with the one on the south.
Chairman Alderson asked if the Commission could rely on that being
worked out with staff. Planning Director Johnson suggested they make a
recommended condition to eliminate the driveway access on the south
side. He did not think it would be a circulation problem.
Commissioner Quill commented that not too much attention had been
paid to the drug store and enhancing their elevations. He said he
personally liked the original elevation and would leave it up to the staff to
maintain the current elevation. He would not be open to making any
changes on the elevations.
Commissioner Quill did say he would like to add a condition to require
pedestrian access and highly recommended that a study be done to look
at adding access to this site from the residential community. Planning
Director Johnson said staff would be happy to work with the applicant to
do that. Commissioner Quill added that about two years there was a
recommendation made to the Planning Commission and there were some
concerns made about safety issues. He would welcome checking with
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the police chief and involve the Community Services Department in
providing linkage from the park.
Commissioner Quill suggested a third condition, if anything could be done
to the southwest corner elevation area, that it be dropped down
somewhat in relationship to the residential development.
Commissioner Quill said another condition would be to study the lighting
issues. Also the addition or modification on trees in accordance with Mr.
Cairns' concerns on the type of trees should be imposed.
Commissioner Quill added the Commission requested modifying the
application not to approve the OSH building, but just the pad.
Chairman Alderson re-stated the conditions as Commissioner Quill
presented them and added the OSH site would now be approved just as a
commercial/retail pad not to exceed the square footage noted. He also
added he had a concern with the color palette. He felt there should be an
accent color to "jump out" at you.
There being no further discussion, it was moved and seconded by
Commissioners Quill/Wilkinson to approve Resolution 2008-011
approving Specific Plan 2002-062, Amendment No. 2, as recommended.
ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Chairman
Alderson. NOES: None. ABSENT: Commissioners Barrows and
Engle. ABSTAIN: None.
There being no further discussion, it was moved and seconded by
Commissioners Quill/Wilkinson to adopt Resolution 2008-012 approving
Site Development Permit 2007-898 as recommended with the following
amendments:
a. The last line of Condition 15 B.1) a) be changed to read: The
applicant shall pay to the City of La Quinta their fair share prior to
the issuance of the building permit.
b. Condition 61 to read: Trees adjacent to the south property line
shall be "clean" trees (free of excessive leaf debris). An additional
two trees shall be planted adjacent to the south property line next
to the retention basin.
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c. Condition 73 to read: Approved accessible on-site super fire
hydrantls- (6x4 2-1 /2 x 2-1 /2) Minimum number of 3 hydrants
with 450 feet spacing between. The maximum distance from any
point on street or road frontage to a hydrant shall be 225 feet. Fire
hydrants shall provide the required fire flow.
d. Condition 105 added to read: This approval does not constitute
approval to subdivide the property.
e. Condition 106 added to read: Finish grades near the southwest
corner of the project site shall be lowered, if deemed feasible by
the City.
f. Condition 107 added to read: Adequate parking lot and security
lighting shall be provided throughout the project site.
g. Condition 108 added to read: If deemed feasible by the City,
direct pedestrian access shall be provided between the
park/retention basin to the west and the project.
h. Condition 109 added to read: The drive aisle adjacent to the north
side of Pad A leading to the driveway entry on Jefferson Street
closest to Fred Waring Drive shall be closed. Resulting parking
spaces in that closed access area shall be designed to provide
acceptable back-up provisions.
i. Condition 110 added to read: The pads with drive-through lanes
shall not be used for restaurants.
j. Condition 111 added to read: The "OSH" space is hereby not
approved for development. It is an unspecified vacant retail pad of
a maximum 42,500 square feet. Development of this pad area
requires approval of a Site Development Permit application.
ROLL CALL: AYES: Commissioners Quill, Wilkinson, and Chairman
Alderson. NOES: None. ABSENT: Commissioners Barrows and
Engle. ABSTAIN: None.
VII. BUSINESS ITEMS:
Discussion of the April 1 s` City Council meeting: Chairman Alderson gave an
overview of what happened at the meeting. The meeting was about the Eden
Rock project and it was continued to the April 15`" meeting. Chairman Alderson
talked about the Development Agreement and asked Planning Director Les
Johnson to explain what the problem was with the Development Agreement.
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April 8, 2008
Staff added the need to establish a traffic signal at Avenue 54 and Jefferson
Street and the fact that staff will be presenting detailed information (traffic
study) on the signal at the next meeting. There followed discussion on the
timing and funding of the signal.
VIII. CORRESPONDENCE AND WRITTEN MATERIAL:
UCR Desert Lyceum 2008 Summit: Planning Director Les Johnson
encouraged the Commissioners to attend the April 25`" Desert Lyceum
Summit. The theme of the Summit is "Energy, Environment, and Economic
Change."
fX. COMMISSIONER ITEMS:
2008 Planners' Institute -Sacramento : Chairman Alderson said he had
written two thank you letters; one to Senator Jim Battin, and one to Robert
Simon (Chairman, Indian Wells Planning Commission) to thank them for a
tour of the State Capitol:
2009 Planners' Institute: Planning Director Les Johnson reminded the
Commissioners that next year's Planners' Institute will be held in Anaheim
and encouraged everyone to attend.
X. ADJOURNMENT:
There being no further business, it was moved and seconded by Commissioners
Quill/Wilkinson to adjourn this regular meeting of the Planning Commission to a regular
meeting to be held on April 22, 2008. This regular meeting was adjourned at 8:48
p.m. on April 8, 2008.
Respectfully submitted,
~C~hz'-u-/~,~/ ~~~ ~ "'~/
Carolyn alker, Executive Secretary
City of La Quinta, California
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