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2008 10 28 PC MinutesMINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall ` 78-495 Calle Tampico, La Quinta, CA October 28, 2008 7:03 P.M. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:03 p.m. by Chairman Ed Alderson who asked Commissioner Barrows to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Principal Engineer Ed Wimmer, Planning Manager David Sawyer, Assistant City Attorney Michael Houston, Principal Planner Andrew Mogensen, Assistant Planner Eric Ceja, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: None 111. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of October 14, 2008. Commissioner Weber requested the following amendment: Page One, Item I(A) should read: This meeting of the Planning Commission was called to order at 7:04 p.m. by Chairman Ed Alderson who led the flag salute. With that correction, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. Unanimously approved. P:\Reports - PC\2008\11-12-OS\final Minutes 70-28-OS.doc Planning Commission Minutes October 28, 2008 V. PUBLIC HEARINGS: A. Continued -Conditional Use Permit 2008-114; a request of La Quinta Farmers Market/Bazaar for consideration of an Outdoor Market, located at 77-880 Calle Tampico; Benjamin Franklin Elementary School in the La Quinta Village. Chairman Alderson noted that the applicant has requested a continuation of this item to November 25, 2008, and he opened the public hearing. There were no comments from the public, and he then closed the public hearing portion of the meeting. There being no further discussion, from either the public or the Commissioners, it was moved and seconded by Commissioners Barrows/Quill to continue Conditional Use Permit 2008-114 to the Planning Commission meeting of November 25, 2008. Unanimously approved B. Tentative Parcel Map 35559 and Site Development Permit 2008-903; a request for consideration of a Tentative Parcel Map and Site Development Permit fora 50,000± square foot retail commercial center located east of Washington Street, West of Caleo Bay Road, 500 Feet North of Avenue 48. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department, corrected the size of the site as 3.8 acres instead of 4.8, as noted. He then presented the information contained in the staff report. Chairman Alderson asked about the height of the projections. Staff gave the measurements and allowable standards. Principal Planner Andrew Mogensen read a memo, submitted by the Public Works Department requesting the following addition to the recommended conditions of approval: 1. Ongoing maintenance of all permeable paver systems shall include sweeping the pavers at a minimum of once per month as approved by the City Engineer. P:\Reports - PC\2006\11-12-08\Final Minutes 10-28-08.doc 2, Planning Commission Minutes October 28, 2008 Commissioner Wilkinson had a question about one of the line of sight studies. Staff replied it represented the view of the project from a point six feet from the ground and noted the adjacent properties had a wall. Staff deferred additional questions to the project architect. Chairman Alderson asked about the Line of Sight Exhibit LS-10 wanting to know if the figure standing was in the dwelling. Staff said the figure was supposed to be standing behind a block wall. Commissioner Weber asked about the water feature. Staff pointed to the graphics showing four water features which are conditioned to comply with the current Water Efficiency Ordinance. Part of that Ordinance requires the water feature to actually have a function. In this instance the developer intends to have water features that act as cooling features to the adjacent seating. Chairman Alderson asked about the volume of water used on the water features. Staff deferred to the developer to respond to this question. Chairman Alderson asked about the plans for the property to the north. Staff answered there is no application on file for that property. Chairman Alderson asked about the hydrology of the project. He was concerned about the grade difference between the street and the pad. He asked for information on the storm drains. Principal Engineer Wimmer replied he had included some slides in anticipation of any hydrology questions and he complimented the developer on working with the City on efforts to resolve any possible hydrology issues. Principal Engineer Wimmer described the retention basin and underground storage areas planned to remove project-related water to Washington Street. He also provided information on removal of stormwater through a series of storm drain pipes to direct the water out to Caleo Bay and eventually into Lake La Quinta. Commissioner Quill asked if the original intent, when this parcel was set up, was to drain the stormwater into Lake La Quinta. Commissioner Weber asked if the parcel next to it would be set up to drain into Lake La Quinta also. P:\Reports - PC\2008\11-12-08\Final Minutes 10-28-OB.doc 3 Planning Commission Minutes October 28, 2008 Principal Engineer Wimmer said he was unsure, but he believed the original intent was for this whole area to drain into Lake La Quinta. Chairman Alderson asked about the three ways water was drained off the site and Principal Engineer Wimmer confirmed his information. Chairman Alderson asked if the shoe box light fixtures would be shielded for the neighbors. Staff said they would be. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. Mr. Dick Talbert, President of Talbert Development, 1719 Rudell Road, Burbank, California 91501, presented an a-mail, in support of the project, from the President of the Lake Quinta Homeowners' Association. Copies of the a-mail were distributed to the Commissioners. He said the design team (Perkowitz and Ruth), the civil engineer (SC Engineering) and the landscape architect (Michael Buccino) were present to explain their contributions to the development. Mr. Brian Wolf with Perkowitz and Ruth, 111 West Ocean Boulevard, Long Beach, California, presented information on the design of the plan and the layout of the center. He spoke about the building height and variations and emphasized the uniqueness of the design and the clock tower feature. He discussed the trellis areas and the fact that the project is sustainable. They have tried to be very attentive to pedestrian linkage including the driveway linkage to Caleo Bay. He explained the ADA linkage accessible to the street and pedestrian linkages in various areas of the site. He explained the use and purpose of the water features. Mr. Wolf said all of the cross sections were taken at eye level and explained the site/elevations. Chairman Alderson asked if that was the worst case scenario and Mr. Brian said it was. Commissioner Wilkinson had a question about Section AA and the height of which the point prospective was taken. Mr. Wolf replied it was five feet, five inches. Commissioner Wilkinson asked if the lowest building perspective was 28 feet and Mr. Wolf replied it was actually 23 feet. Commissioner Wilkinson asked if the Section DD building height was the same. Mr. Wolf said the height was actually 25 feet high. Commissioner P:\Reports - PC\2008\71-12-OB\Final Minutes 10-28-08.doc Q Planning Commission Minutes October 28, 2008 Wilkinson asked if that showed the rotunda area. Mr. Wolf gave details of the parapets and pitch tiled roofs. He explained the maximum height of each building. Commissioner Wilkinson asked about the 40 foot building height projection. Mr. Brian said the 40 foot tower is approximately 60 to 65 feet inward. He pointed out where it on the site plan. Commissioner Wilkinson wanted to get a prospective of the tower and rotunda versus the residences nearby. He asked if it would encroach on the line of site. Mr. Brian said it would. He commented on the size of the element at the end of the building. He added there was a pretty significant screen wall. Chairman Alderson said the Commission was very concerned about the line of site for the residents nearby. Commissioner Wilkinson said there was a slide showing the adjacent street and properties. He wondered if the first few houses on the corner would be looking at the development and wanted to determine what their line of site since it would make a difference to the residents. Chairman Alderson commented on the configuration of the site and the fact the applicant had been sensitive to the line of site of the buildings for vehicles passing. Commissioner Barrows said she was delighted to see the LEED certification. She asked the applicant to walk through the features of the LEED certification; with specific emphasis on the glass exposure. Mr. Wolf pointed out various features and said dual-glazed windows would be added where they were unable to fully shade the windows. Commissioner Barrows asked if they would anticipate making any major changes in the building because of the LEED process. Mr. Wolf said they did not anticipate any major changes. Mr. Dick Talbert said they have had half a dozen meetings with the Lake La Quinta Homeowners' Association. He pointed out an aerial view of one of the houses and stated that was the only homeowner who voiced concern. He said the only other homeowners directly affected had a very high wall and the impact would not be significant for them. P:\Reports - PC\2008\71-12-08\Final Minutes 10-28-OB.doc 5 Planning Commission Minutes October 28, 2008 Chairman Alderson said he thought the previously approved plan was a three story hotel and this plan would not impact the view as significantly. Commissioner Quill said this was a condominium parcel map. He asked about the footprint of the building and the fact that there would be four separate condominiums on the project with the homeowners' association maintaining each of the individual condominium units. He asked if each individual building could be sold to a separate owner. He also had questions about the ownership and long term maintenance of the properties. He asked if there would be an association of the four properties that would own, operate, maintain, take care of, and pay insurance on all of the building improvements, the parking lots, everything. Mr. Talbert replied that was correct. Commissioner Quill asked if everything outside of the individual building was common area. Mr. Talbert said that was correct. Michael Buccino, 77734 County Club Drive, Palm Desert, landscape architect on the project commented on how the developer appreciated the sensitivity of the architecture to human use. He said the various textures and colors have a bit of a European style. This would be more of a pedestrian space, encircled by pedestrian walkways. He described the walkability of the area. He wanted to draw attention to the interior space. He described the screening of the project by trees. He pointed out the design highlights of the area and the fact that people could come in walk around and enjoy a cup of coffee, sit and relax, and enjoy the ambiance that the development had to offer. The water features area is an extension of the architecture. The developer has been working to have water features that work with the architecture and spread out a bit to cool the air around them. Mr. Buccino said they didn't just want to include athree-tiered fountain. Chairman Alderson asked if he could share any details on the water feature. Mr. Buccino said the water features would be shallow and would include no large flow. It was more of a human scale to sit next to it and not be drowned out. Commissioner Barrows had a question about the water features in that they have tried to limit water features and have requested they be functional. She appreciated the atmosphere they provide but she was concerned about the fact there were four water features and it appears P:\Reports - PC\2008\11-72-08\Final Minutes 10-28-08.doc Planning Commission Minutes October 28, 2008 there is an intent to install a misting system and a lush landscaping palette. She was also concerned that the fountains were described as being cooling features. Mr. Buccino described how the water features would have a cooling effect on people who gathered to sit near those features. The trees give off moisture, and the water features would have a lot of positive effects. Commissioner Barrows said since there was not a definite plan on the water feature. She asked if he would be amenable to some limited surface area or quantity. She said, even though they are going for LEED certification, it is not just the water; it's the pumping and treating. Mr. Buccino said a very important part of the design includes following the requirements of the City. Mr. Talbert said they designed it to make it functional and they are going to be small water features. He was not sure how they could best satisfy the Commission. Possibly they could provide the Planning Director with a precise design. Commissioner Quill suggested they deal with that during their discussion. Chairman Alderson had a question about the final landscaping plans. Staff said the final landscaping plans are not conditioned to come back to the Commission. Commissioner Barrows asked Mr. Buccino how a bicyclist would maneuver through the project. Mr. Buccino described the areas set up with bike racks and the circulation of the project. Chairman Alderson asked about the landscaping which currently exists on Washington Street. He commented that about 50% of what is there now does not match what is on the plans. He asked how the landscaping would be changed to match the plan of the new development. Mr. Buccino said there were date palms that currently existed and he did not want to take them out. He pointed out what would be replaced and what would be retained. P:\Reports - PC\2008\ i 7 -7 2-08\Final Minutes 10-28-OS.doc 'J Planning Commission Minutes October 28, 2008 Chairman Alderson asked for confirmation that they were going to be modifying the existing landscaping to work with their development, and asked if they were, or were not, going to take out the large palms. Mr. Buccino said they were not and then explained the reasons why. There being no further applicant comments Chairman Alderson asked if there was any public comment. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Wilkinson asked about the deceleration lane and the landscaping to the north of the shade structure near the bus stop. He was concerned about issues where the sidewalk was right next to the street. Chairman Alderson said the situation he was referring to was near a school. Commissioner Wilkinson said it was difficult to tell what was being removed due to the inclusion of the deceleration lane. His major concern was public safety with the sidewalk adjacent to the street. However, he commented he did like the architecture of the buildings. Commissioner Quill said everything was beautiful and he had no issues. He said the sidewalk was adjacent to the curb right now and the applicant did not own that property. He said there was another area where there was grass that did not have any useful purpose, but the grass would have to be redone by the time the project was built. Commissioner Quill said he really liked the idea of some limited gpm (gallons per minute) or limited cubic feet of water. He said there should be some limiting factor in the four water features to make them more acceptable, with certain criteria, to provide an evaporative cooling effect of the water. He said he would support getting rid of the turf. Planning Director Johnson said this is the first project that's come before the Commission with the new water efficient provisions in effect. The applicant is requesting multiple water features to be established within a project and as designed, the new provisions require specific approval of the fountains by the Planning Commission. He said staff shared in the P:\Reports - PC\2008\71-12-OS\Final Minutes 10-28-OB.doc 8 Planning Commission Minutes October 28, 2008 Commissioners' concerns on saving electricity and water and was receptive to the direction of the Commission to handle the fountains issue at either an administrative level, or by bringing it back to the Commission for consideration. He was sure the applicant was concerned about the Commissions' direction. Commissioner Quill gave examples of water features and their capacity. He gave suggestions of how the water features could be limited. He also included the possibility of limiting the pumping features of the water features with no more than %i horsepower of pumping capacity. He said that was the equivalent of a pool pump. Commissioner Weber said there would be an efficiency on the motors that the LEED certification would address. He suggested the applicant come back with some creative ways to deal with the problem and set a precedent to follow in the future. He commented on the water features and how the problem could be resolved. He suggested it could come back as a business item. Commissioner Barrows suggested one of the water features be removed. She suggested the applicant could use sculpture instead of a water feature. She thought the water features could do some cooling but thought there were too many water features. She suggested a waterfall or other water feature that was shallower and gave more of a feeling than an actual pool. She strongly encouraged the use of a sculpture with water that trickled down rather than a pool. She said the applicant could look into how water can be used more creatively and then bring it back to the Commission. Commissioner Quill agreed with Commissioner Barrows. He said the most common water features don't have a pond with them, the sculpture shows the water and the water stays below the surface without the opportunity to evaporate as much. He suggested the water feature in the middle of the parking lot be removed or replaced with a dry sculpture feature. Discussion followed of where the water feature was. Chairman Alderson re-opened the public hearing. P:\Reports - PC\2008\71-12-08\Final Minutes 10-28-08.doc 9 Planning Commission Minutes October 28, 2008 Rob Bernheimer, 45025 Manitou, Indian Wells, pointed out the locations of the water features, and said the applicant is amenable to having this come back as a business item, but it would be a number of months before that would happen. He asked if these water features ultimately could comply with any standards adopted in the interim, would they still have to come back or could they be approved by staff. Chairman Alderson asked if the applicant was willing to accept the standards if the Commission elected to do something in the future. Mr. Bernheimer said yes. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commission Barrows asked about the landscaping on Washington and commented on a retention basin replacing turf. She was amenable to having staff work with the applicant. Chairman Alderson was concerned about overloading conditions on the applicant to the overall detriment of this project. He said the Commission did not want to impede their progress. Chairman Alderson asked the applicant if he was familiar with all the conditions of approval included in the staff report; including those regarding landscaping. Mr. Talbert said yes. Chairman Alderson applauded the LEED certification. He asked about the shared parking agreements with the properties to the north and south. Staff said it was a shared access to both of the properties to the north and the south. Chairman Alderson said Committee Member Rooker of the Architecture and Landscaping Review Committee (ALRC), commented he did not like the orientation of the buildings. Chairman Alderson said it was good that he was concerned. Staff explained what Committee Member Bookers' concerns were such as visibility along Washington. Chairman Alderson asked if there were seats around the fountain. Mr. Buccino said there were but they were small. Chairman Alderson said this was a wonderful project. P:\Reports - PC\2008\11-12-08\Final Minutes 10-28-OS.doc ]Q Planning Commission Minutes October 28, 2008 Commissioner Wilkinson said if there was a reclaimed water situation then the Commission did not have a problem with it. Staff gave an explanation about potable water and special consideration to grant that use. Commissioner Wilkinson said if the applicant used reclaimed water from landscaping or air conditioning condensation there would be no restriction on sizes. If they used a solar powered pump, there would be no power issues. Staff gave an explanation of reclaimed water and the public interacting with it. Chairman Alderson commented on the timely completion of project and bonding. He referenced Page 27 of the staff report. Staff explained the stipulation which had to do with the subdivision improvement agreement (SIA) that is put on all tract and parcel maps. He explained the time frame and stipulation of the SIA and requesting time extensions from the City Council. There is a time established. It is one year, the first time around, and then up to the Council thereafter. There was no further discussion, and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-030 for Tentative Parcel Map 35559 with conditions (#751 as provided by staff added to the Parcel Map. Unanimously approved. There was no further discussion, and it was moved and seconded by Commissioners Barrows/Quill to approve Resolution 2008-031 for Site Development Permit 2008-903 with condition (#85) added and (#88) was modified, as provided by staff, as well as applicant and staff working to address water features for future Commission review as a Business Item 1#811. Unanimously approved. VI. BUSINESS ITEMS: A. Appeal 2008-002; a request of Standard Pacific Homes for consideration of an Appeal of Director's Determination, Dated September 24, 2008, that Tentative Tract 33336 Does Not Qualify for the Automatic Time Extension Provided for in Section 66425.6(A)(1) of the California Government Code. The development is located at Avenue 58, One- Quarter Mile West of Madison Street. P:\Reports - PC\2008N 1-12-08\Final Minu[es 10-28-08.doc j j Planning Commission Minutes October 28, 2008 Chairman Alderson opened the public hearing and asked for the staff report. Planning Director Les Johnson informed the Commission this item was being pulled from the agenda as there was a possible administrative remedy for this item. If it needed to come back it would be agendized. VII. CORRESPONDENCE AND WRITTEN MATERIAL: A letter and material were distributed from the new Fresh & Easy Neighborhood Market. Chairman Alderson thanked the Public Works Department for their cooperation in providing the monthly Capital Improvement Reports. VIII. COMMISSIONER ITEMS: Commissioner Wilkinson gave a report on the City Council Meeting of October 21.2008. Chairman Alderson is scheduled to present the next Council report. Commissioners requested the "Smart Controllers" and Landscaping Requirements be continued, from the October 14, 2008, meeting to this meeting for discussion. At the Planning Commissioners' request, Planning Director Les Johnson presented information on the City's requirements for Smart Controllers. A copy of the memo from the October 14, 2008, meeting was distributed to the Commissioners. Commissioner Wilkinson commented about not having a request for a Smart Controller followed through with. Staff said it was a very excellent program and said they would look into it. Chairman Alderson commented on the process, costs, and location of the Smart Controllers. Commissioner Weber said he signed up for the next Planning Commissioner's Training which was scheduled to be about demystifying traffic studies, etc. He said he will report back to the Commission and thanked the City for the opportunity to attend. P:\Reports - PC\2008\71-12-08\Final Minutes 10-28-08.doc ] 2 Planning Commission Minutes October 28, 2008 Commissioner Weber commented on a Builder's workshop at the Woodhaven Country Club on global greening and incentives. He said it might be a good primer on Title 24, and added CVWD is also having a golf and water symposium. It would be a comprehensive agenda on water in the Valley and its impact on tourism, as well as the Mid Valley Water Project. Commissioner Weber commented on Trails Day print out and information on the City's promotion through Community Services. Commissioner Quill asked to make a presentation at the November 12, 2008, meeting. Staff pointed out there would be several items, but Commissioner Quill could be added to the agenda. Chairman Alderson commented on the Smart Controllers memo, 2"d paragraph, regarding public areas. He asked what options are available if the developer doesn't elect to do the landscaping on that project. Could the Commission consider mandating Smart Controllers be required everywhere. Staff said the memo focused on requirements for all tract homes. The applicant/developer receives approval (via the Site Development Permit) for all land activities including the front yards of the homes, etc. He described the requirements that have to be addressed as part of the Certificate of Occupancy for those homes and the fact that Building & Safety validates that a controller is apart of the landscaping for those homes. Staff added the regulations for the City could be amended that would impose Smart Controllers on all single family homes. Custom homes are currently exempt. However, because of the price point of those homes they are currently putting in very elaborate controllers on their homes. That does not mean that they are Smart Controllers, but they are state of the art. The original ordinance was fairly cutting edge at the time and was ahead of most cities in the Valley. That was the first step in a more conservation-focused set of standards and in the future, we can focus on more key items. IX. DIRECTOR ITEMS: Planning Director Johnson reminded the Commissioner that the next Planning Commission meeting would be held on a Wednesday (11/12/08), due to the Veteran's Day holiday. P:\Reports - PC\2008\71-12-08\Final Minutes 10-28-08.doc ] 3 Planning Commission Minutes October 28, 2008 X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/Quill to adjourn this regular meeting of the Planning Commission to the next special meeting to be held on November 12, 2008. This regular meeting was adjourned at 8:54 p.m. on October 28, 2008. Res//p~~ectfully submiytt~e~d,~ ~ ~ Carolyn Walker, Executive Secretary City of La Quinta, California P:\Reports - PC\2008\71-12-08\Final Minutes 10-28-08.doc 14