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2011 10 11 PCCity of La Quinta Planning Commission Agendas are now available on the City's Web Page www.la-guinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta,- California OCTOBER 11, 2011 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2011-016 Beginning Minute Motion 2011-004 CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR 11 Approval of the Minutes of the Regular Meeting of September 27, 2011. V. PUBLIC HEARINGS: For all Public Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A. Item ................... CONDITIONAL USE PERMIT 2007-107, EXTENSION 1 Applicant........... Grace Baptist Church Location............ 47-110 Washington Street, Suite 100 Request ............. Consideration of a Time Extension for a Conditional Use Permit for a Church to Occupy an Approximately 3,000 Square Foot Tenant Space Within an Existing Commercial Office Building (La Quinta Professional Plaza) Action ................. Staff Recommendation for Adoption of Resolution Recommending Approval, with Conditions — Resolution 201 1- VI. BUSINESS ITEM: VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Report on City Council meeting of October 4, 2011. B. - Chairman Alderson is scheduled to attend the October 18, 2011, City Council meeting. IX. DIRECTOR ITEMS: A. Joint Council Meeting Discussion Items X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on October 25, 2011, at 7:00 p.m. DECLARATION OF POSTING I, Carolyn Walker, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, October 11, 2011 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at the La Quinta Cove Post Office, 51-321 Avenida Bermudas, on Thursday, October 6, 2011. DATED: October 6, 2011 �' ALKEl ( CAROLY R, Executive Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA September 27, 2011 CALL TO ORDER A. A regular meeting of the La Quinta Plannir order at 7:00 p.m. by Chairman Alders; B. PRESENT: Commissioners Barro be Chairman Aldersog4,/ ABSENT: None STAFF PRESENT: PI p ng Director L l Ed r, City Atto Mann er _uSawyer, II. PUBLIC COM III. CONFIRMATI IV. ENT tO MIA 7:00 P.M. was called to Wright, and son, Principal Engineer ,athy Jenson, Planning �cipal Planner Andrew sner Eric Ceja, and Walker. being no'�din menu `;br suggestions, it was moved and seconded by issioners Bisws/Wright to approve the minutes of July 26, 2011 as tom. Unansrrj46sly approved. V. PUBLIC H A. ContinuedSite Development Permit 2002-753, Amendment 1; a request by Walgreens Company, for consideration to rescind Condition of Approval #6 of the original Site Development Permit and to permit the sale of beer and wine at the existing Walgreens, located at the northeast corner of Avenue 48 and Washington Street. Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Planning Department. Planning Commission Minutes September 27, 2011 Chairman Alderson asked if there were any questions of staff. There being none, Chairman Alderson asked about the police statistics since this retailer had located on this site. Staff responded that the Police Department was contacted and it was confirmed that for the entire period of time there had been two false alarms and one non -emergency. There being no further questions of staff, Chairp"h A)derson opened the public hearing portion of the meeting and asked;if*;he applicant would like to speak. ' /.,, Ms. Jennifer La Fond Chavez, Assam uce Forw`erd, Hamilton & Scripps, LLP, 600 West Broadwayw"Al uite 2600, San D k CA 92101, introduced herself and comme non W2` reens' previom orporate policy on the sales of alcohol, and burr f strong custgmer demand for the convenience of one -stop shopQ9' g She then gave anecdotal evidence of the need to lude beer and`vie,. She said Walgreens has a lot of experience with ``�� 141,y ed prod 4dtBf including tobacco and pharmaceuticals and comr" the corpttte' policy which will be followed to make sure thate bettd wineales are handled safely. She said the store would hava�ca gas nd the alcohol would be in a very visibl *�*bn. There buld also; a public view monitors to go along with'the cameras. She acted that Walgreens would only sell beer in six -;%tit' , eioi^teen-, and a ty-four packs as well as full size bottles of Win' # :would t be sales of single cans of beer, or maltAieuor. Sf then :. answer any other questions from the dns6f,,asked about the change of the corporate policy, ing tii'ie sale of beer and wine. Ms ,Jennifer La and Chavez restated their former and present policies. Commiss'ro#16'i Weber asked if the Conditions were acceptable. Ms. La Fond Chavez said Walgreens was comfortable with them and explained they had already put some security plans in place. Commissioner Weber asked if Ms. La Fond Walgreens covering most of Southern California. Chavez was counsel for She said yes. -2- Planning Commission Minutes September 27, 2011 Discussion followed on: • Comparison of these conditions to those imposed at other Southern California locations. • Adequate training for management and staff on the sale of beer and wine. • Other Walgreens locations, in the Coachella Valley, currently selling beer and wine. Ms. La Fond Chavez had no further comments 6 t requested the option of responding to any opposition. Chairman 64fderson`,.said she would have the opportunity to respond.. '`•. Chairman Alderson asked if the . were any more questions of the applicant. There being none he if they twas any public comment. Mr. James Duff, 78-625 Descanso'`Lai introduced himself as the Secretary to the Boa of the Ran iSrr La Quinta Homeowners' " Association (HOA) and s had 42 let rorn people (within 500 feet of this location) in op shqvisthis requ He said he would like to speak on a couple of iss * S. `" are plenty of outlets within a mile of this location (approxiatity tett there is no need to sell alcoholic bs,aat this lotion, 2)at the time this approval was given Wa),eens s they wouf supply a 24-hour drive-thru for drugs and prdscrjp16ons; �✓# ich has yeti°10- a provided. Since they have not provided the h u "7 e-thru did not believe these applications w shop wi!'he"she .f er and wine but would continue with ppjiic`at+rkr #,or ah,t nal items. He was not sure that once the door was open that `wouI&lbaaa" to stop the proliferation. jyl'r,. Duff comic ented' on the suggestion of one -stop shopping at WA,[greens. H� $aid there are a lot of things that aren't available at Walit' s andrhe fact you can pick up beer and wine is probably not someth�' \t1jA4ft the average person really needs to fulfill their one -stop shopping `i�6ds. It's an interesting concept but he suggested that there is very lithe validity to that situation. Mr. Duff continued there is no community -stated interest in keeping Walgreens profitable, or competitive; they are doing fine the way they are -3- Planning Commission Minutes September 27, 2011 and don't need these kinds of sales to make them competitive. Their attorney referenced an article that he sent to the Planning Commission from the Desert Sun. It spoke to the impact of retail alcohol sales on crime; specifically with the case of single -serve alcoholic beverage containers and their problems. However, in the footnotes of that article the sale of alcoholic beverages does create the criminal situation. Increased crime statistics are true in Riverside County and California. The authors of the article point out that alcohol does in fact, have a great deal of impact; not only in the short, but in the I � --range. Mr. Duff pointed out that this location is in ,'neighb arhood situation. The area is different from a mall or a C�sto0 and `°tsuld be looked at differently. He asked the Commissi _ particularlyl foeus on the fact that this is a 900 home communit . hich is right acrosslike street. The homeowners think that should the bommission's a�a"is of the Zs situation. He had other points the ver, ut deferred ,�d the HOA President. He then presented the 42 le'to the Commission Secretary. Mr. Rob Dawson, 79 7 M cho La Quittti,Drive, President of the Rancho La Quinta Homeo`vn A ociation`lA), introduced himself and said he was present, we�jttet.,,of th'members of the Board, when the original applicationaas,lade fr'Fslgreens which included the condition atuing no stage or says of alcoholic beverages. He commented that 'n ';thing has ch ged, in terms of that particular outlet, other thata algre ' rj' corporate to#icy. He said it was important to realize that, thin;,. f Wal ens and Rancho La Quinta, there are curds ntly at lea "f0 stwo , e people can buy beer or wine. And if price`wae Nally a`Aotor, then people will be purchasing those products at Costco or aa._M S q`it's ertainly not from an element of need, but of corporate polio The11 has no need in making Walgreens competitive f�it provident additional tax dollars to the City. Whether people buy =',)/Valgreens�,,r Ralphs it's the same tax revenue. Our Association has not seem any acts or figures to suggest that there has been a strong demanM,,fbr„stfy type of alcoholic beverages to be sold at this Walgreens. Mr. Dawepn,'then pointed out the Desert Sun Article and the correlation between iie density of alcohol outlets and violent crime among teens and young adults. He said the HOA's position is there just seems to be no need. It only serves the benefit of Walgreens. It doesn't serve the City of La Quinta and no one is deprived of access to purchase their alcohol. SEE Planning Commission Minutes September 27, 2011 Chairman Alderson asked Mr. Dawson, since this item was continued for 60 days to allow the HOA a bigger voice in the matter; if Mr. Dawson now had representative quantities of people back that he was representing. Mr. Dawson said it was their understanding the limit of impact was anybody that lived within 500 feet of the property. And in that, he stated there were 42 homes that sent letters of oposition. Commissioner Weber asked Mr. Dawson if Kii had than the Desert Sun article regarding poli1. sta iptic criminal activity that would affect a gates. mmun`ity the Desert Sun referenced an article 44a ,,publish) gentlemen, under an institute thatr4 oks into these numerous references. He offero. t�put th'� Commission since the article I ' E determining that the number of alcohol- °ele given area, increases crir and has a subs" Commissioner Weber said` e 11 something at this meeting i situation. He understood, gelii a link to cri vity, but and how,th`� t impadts a gated Mr. Dawso discussion foll"i ed on: any statistics other s or alcohol related y, Mr. Dawson said ;d by three different itetri , which cites ;es together for the de oreeedents for especially clustered in any it impact on crime. ood thatr W— was hoping to have qe referenced to this particular eaki,6q, Icohol could possibly have to s the connection between that nity with 24 hour security. needed to provide that information unity has walls about four feet tall �.'�"I The avai"ility of security statistics for the Rancho La Quinta cteyeloprp>3ent. • HViOW- n'd security of their perimeter walls. • Sec* ty versus privacy walls. Commissioner Wright referenced the history of this case approval and pointed out there were a number of people against it. He noted the condition was added to placate the nearby homeowners who were upset about this retail establishment being located in a very residential area. He pointed to the map and noted the closeness of Walgreens to Rancho La Quinta, as well as other developments in the area; such as Lake La -5- Planning Commission Minutes September 27, 2011 Quinta, Laguna de la Paz and Wolff Waters. He said he realized that the needs of the many outweighed the needs of the few and he was speaking personally when he stated he did not agree with, and would not be in support of, rescinding the condition of approval. Mr. Dawson said he would like to make one additional point. He referenced the mention of the Wolff Waters development being close by. Mr. Dawson said he had concerns about having anetjcohol outlet so close to low income housing. ~``V Chairman Alderson asked Mr. Dawson if was also very close to Costco. Mr. 'P" Costco already provided alcoholic beveg Ms. La Fond Chavez requeste# Walgreens tried to reach out to continuance. She said Walgreens pr and followed up on the. HOA's ci addressed. Walgreens d' neat get a what we have heard, it's b` ''he for the alcohol sales and 1'rr' i}sorry` point out that Walgreens often ° df. won't ier." know h - . , to :ers development it was and said po nrty to re pcR 'and said iter they reequested the d some additional information itr,ato see if they could be pow back. She -stated "after just no array to get their support at's06 case, but I do want to e j ;; situated in the middle of a that environment and here of the policies and procedures Ms. -Jennifer L8 Fend'" """ a jso pointed out that this is not a money *A`ker feel Wplgre I They are going to dedicate a very small portion of the store tM11er an tlajn% She stated "We are asking for up to 2% of the total floor: ace a X e'd be comfortable with a condition that says b,can't turn )� a IiC{uor store. That's not what Walgreens is after. It resijN%is to pro e an additional convenience to customers. It's a small area�o the stot set aside to serve the existing customers in the store." She then\cgmmented on the number of outlets in the area, and Waloreens''research of customer needs. General discussion followed on: • Anecdotal evidence of customer needs • Walgreens' "No Loitering" policy • Conditioning the application so no single -serve container alcoholic beverages could be sold at this location. M Planning Commission Minutes September 27, 2011 • Any future requests for hard liquor would have to come back to the Planning Commission for review. Chairman Alderson asked if there was any further public comment. There being none, Chairman Alderson closed the public hearing and opened the matter for Commission discussion. Commissioner Weber said he didn't see any request. He expanded on the following points: • It is the City's business to be fair and approach businesses. :`.X • This is something that is a co ,br the region and throughout th ty • The single -serve situ atior obvia criminal activity and even the rt �,t the main issues here is that if lie,bc sell single -serve cm, tainers then the tis't • The conditions theFa „hut on here conditions that other is n would find a little un ual rt t e withi not to grant this fair.-rninded about how we throughout issue wheh.., C--comes to ikarticle stateo'that one of hood liquor stores do not major crime reducer. re reasonable. They are " same line of business losing that because of the Commissioner Barre s said she\;yvas comfortable with the proposal and recomrx6nd the We of single-sl2ra, alcoholic beverages be prohibited. She noted 61her, area of.1he cop"unity that sell alcoholic beverages in re ' tial areal ter7d sard f"has done a careful job of reviewing the issues# con ns have been placed on the advice of the Police Department: axld dsh@!as comfortable with the proposal with the exception of°._ 1.e sin :,I serve prohibition which would be an added Comm'i,ioner right restated his earlier concerns and said he was not in c" favor of4osci ing this at this time. Wilkinson asked about how this related to the City's H.E.A.L. Program. Planning Director Johnson responded Healthy Eating Active Living (H.E.A.L.) campaign focused on making healthier choices, being active and encouraging residents in the community to do the same. -7- Planning Commission Minutes September 27, 2011 General discussion followed regarding the City's H.E.A.L. and Green Programs. Commissioner Wilkinson said he didn't really hear anything about how this was going to help Walgreens' business or any substantial statistics about crime. He provided anecdotal evidence of Blue Laws and pointed out how he didn't hear any evidence to make him want to rescind the condition. Chairman Alderson commented on Walgreens',,�,piresentation and said the community currently is in a slump, and J e p`rprilotion of business is pretty important to this community and�,ktu`s't6esses:N. He.. said there are no schools in the area so they are not ar He comr+ anted on the pros and cons and his support of the re,,, ding of the condition.'' General discussion followed on: • Any exterior display, or signage, invokng alcoholic beverages. • The inclusion of a pertfition about the°ainount of square footage to be allowed for the s '}edisplay of aloofl is beverages. A' ..`~*, There being no ,further dis s *it 4 j Rmoved and seconded by Commissiors bar/Barro to apjarove Resolution 2011 014 x. approvin{g='�ite Dev14pment Perl it 2002-753, Amendment 1, subject to the conditid m t subed and the O ditional conditions: she of1 olid-ben t sat this site is limited to beer and wine. r`.r `-No`fiard''tlquor sales shall occur at this site. 7. The sal [ f'Singl� ygpalcoholic beverages is prohibited. $. The sale d ' ay arm of alcoholic beverages shall "not exceed an area ,areater than two oe'rcent (2%) of the store floor area. AYES, mmsioners Barrows, Weber, and Chairman Alderson. NOES: Commisners Wilkinson and Wright. ABSENT: None. ABSTAIN: None. B. Village Us,"e Permit 2008-042; a request by Dr. Kathryn Carlson, Village Park Animal Hospital, for consideration of a Village Use Permit to construct an 8,752 square foot veterinary office, located at 51-230 Eisenhower Drive. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. He commented on two letters -8- Planning Commission Minutes September 27, 2011 and a memorandum recommending some changes to the Conditions of Approval, which were distributed to the Commissioners at the meeting. Staff then recommended approval with the inclusion of the changed conditions. Chairman Alderson asked if there were any questions of staff. Commissioner Barrows asked staff for clarification"':can condition number 6a; regarding the inclusion of the word MAY.,,,, itaff`deferred to Public Works for response. Principal Engineer Wimmer explained he" are three. documents that currently address SWPPPs; 1) Cali=.State General Construction Permit, 2) La Quinta's Municipal f 5'ES Permit, and 3) Unifoorm Building Code. All three of these do c Bents speak about the; Stormwater Pollution Prevention Plan (SWPPP). f i\nu I NPDES Permit and the Statewide General Construction Per only require an SWPPP for projects that are one acre�. or more. This t is less than one acre, and under those two pe-...Z. , $WPPP wouf teat be required. However under the 2010 Callfornit ''gn Building `Stadards Code, there is language that may require tIt SVOOMI- r projects that are less than one acre. While we don't have a fip* v staff is researching this to find out how th J being inte�ted Wei a exploring this item, but the SWPPP matr be re cited under i s building code even though this project is less tfiaq,,6ne acre,;? Cpissioner ft'lows-I erned that it was not really clear what the app4sh,t\was'1Upposed to do. She asked if there was a way to better define what~is'expe of,,Ahe client. Y Engine Wirrimer said staff would be amenable to having some langue put in there. CommiseionortWeber had a question on condition 23.A.2. that had been deleted. �V e°'asked if this was no longer a requirement for the applicant since it vvas noted to have been deleted due to an oversight. Principal Engineer Wimmer explained there is an application that is not yet going to be heard. The two other components to this total application include a right-of-way vacation request and the approval of a development agreement. In the right-of-way vacation request, the issue Planning Commission Minutes September 27, 2011 Commissioner Barrows described is what is being looked at. This particular area has been slated for a signal, but it is also being looked at potentially for a roundabout. What would be unfortunate is that the recommendation were made to vacate the right-of-way which is going to later be needed for either the traffic signal or the roundabout. Since this item was going tonight a condition was crafted that would basically defer this particular issue until the right-of-way vacation issues were sorted out. ✓ " , General discussion followed on: • What area was, or could street vacation. • The size of the building • The element of risk. a • "in Lieu Of" fee for 13 accommodated). • Processing pro"dures • The possible locat tart o • Trip generation nacN\ieq the land avail for this t - e'v f a traffic circl Wn a a traffic right-of-way or able/5 % being application. Chairman Aldon complimntttthyfC on its review of this application cted the ommissioVers to page 5 of 7 in the architect 0l revie lHe suggeed item number 4 (the size of the trees in the f aikjrig, lot s_ t uld increas6L t P36 from 24 inch), number 5, (add additional dogv'tefgt { seJn the I#ti`idscape for waiting animal patients), n ttr 7, (the`°8rrlgotFi fFilt of the building would be preferred rather n a nV\' isli� t mber 10 (cascading plants should be placed on the balcony) ant !bumber,,J'"move the planter in the sidewalk area on the ),eastern side of ie enti ,, were worthy of being added as conditions. Commissioner eight generally agreed with the ALRC comments, but not with ttaone s�4ggesting the use of a darker color for the building. Commissioner Barrows said she agreed with what had been included in number 9 (tree replacement) but would comment on it later in the meeting. There being no further questions of staff, Chairman Alderson opened the public hearing portion of the meeting and asked if the applicant would like to speak. -10- Planning Commission Minutes September 27, 2011 Mr. Brian DeCoster, 80-900 Calle Conchita, introduced himself as the project manager, and commented on the size of the building and the area needed to accommodate the applicant's business. He then addressed item 25F of the memorandum, referring to drive aisles (16 and 20 feet). He said there had been discussion back and forth on this item, but they were fairly limited on how much they could adjust the parking lot. He said they would like to keep the parking lot as it was shown since they spent a lot of time with a civil engineer and the E nearing Department, trying to make this happen. He added they ww'ifGng to do what it took, but if there was a better way of dMng this to get both your requirements and our building built then #e're\eeertainly all for it. Mr. DeCoster then referenced ALRC suggestpd d9nditio`n number 10 (removal of planter) and explained why that pt' Orrfik,was needed', He also noted that they have included greenery jquite a few places`to try to reduce graffiti. He then said he wou fhapp,to answer any "additional Commissioner's questions. General discussion follow-0 which includb#an explanation of what was being requested regarding'",Ftem 25F of',the memorandum to the Commission; with staff corirI rary, that they'WoOld be working with the applicant and their engineer , achj 0., h se dirnensions. Mr. DeCostef' Unk1for clarific states: I plify " landsca differerl� tvGiBs of plants. Ref He wanted first sei s local fence of Mr. Com on re'mmendation number 9 which palette by reducing the number of the fruitless olives with Palo Verde." 'ion was considering the whole item, replacement. she did not feel it was necessary to include d that more desert landscaping, particularly be included; which applied to the second they had no opposition to including desert tree species. 1 Commissioner Barrows asked the applicant for an explanation of the comments, noted in the minutes from the ALRC meeting, about the cascading plants possibly affecting the artistic design of the decorative screens. Mr. DeCoster said it would be difficult to maintain plants since that area is completely screened to prevent a dog from jumping out. It would not -11- Planning Commission Minutes September 27, 2011 be impossible to maintain the plants, but it would be very difficult in that particular area. General discussion followed regarding: • Where the screens were located. • The type of design utilized on the screens. • Inclusion of a railing. Dr. Kathryn Carlson, 80-900 Calle Conchitta yar on her mountainscape design. She said\�,h boarding animals at her current buildi 'ar d. lAk to be able to go to in her new bu' riig. She had square footage constraints #vOkbe new": with the feel of the Art in Public PI piecfE La Quinta. She said she has always to a how it has been promoted,... She thought 'vt vu type of artwork. She add, ou are drivift get to the stop sign at Cade Vie: .'co you N even without the cascading giants"bat of n _.. to the City's bridges. `' r General d sdussiorij tlowed on: tr64dted herself and spoke e has; a• garden area for anted a",fr4e,place for dogs wanted thi "Me feel, but wilding. She,,d fined this §P tshat are seq' throughout Quinta for the artwork and )uld be nice to include that `down Eisenhower and you ift see a beautiful building; t design, which is similar • The in �or11`6f.-p aljts on sortie of the balconies. s-Clarificat gf Cam,_' ions to be added. "f#t;tddrtionlcement of a bicycle rack. of t' water feature then followed on: r It would 64more of an art piece than water feature. e gen4al design would include glass block since it would provide ftht-."e room behind it. • Wo` M not employ excessive water usage. • W(�uld be a drip -type fountain with a floor drain. Dr. Carlson commented that it would be basically like a dripping water fountain from the wall. If that could not be done, logistically, it would be made of artistic glass block to represent a water feature. She then described her vision of the feature utilizing various types of glass block. -12- Planning Commission Minutes September 27, 2011 Dr. Carlson also commented on the negative letter submitted by Mr. Michael Fisher, and explained her concern about the park being for families as well as her support and use of the park over the years. She concluded by saying she tried to support La Quinta as much as possible and also encouraged her clients to use the trails as well. She then offered to answer any additional questions the Commissioners might have. Chairman Alderson asked if the Commissionersh 'aiiy further questions. Having none, Chairman Alderson asked if a was any other public comment.° Ms. Kay Wolff, 77227 Calle Ensenada;,-i1t thought that it was wonderful Dr. C*arlson hospital in La Quinta and in theAy�* Ares many ways, not only for the s" _ ,es extracurricular activities the doctor s '. commented on the building that was gonlf and her friend who was rajsl, that buildi demolished or desecrated , ,.that historical landmark for La Q%tl4ita. `1tn application to build the new ar�lilm;hospital traduced heinaelf and said she was trying to . aep her animal .`%'"She said it was Sri asset in ,ided, but also for the Fred in the park. She then I to be vacated, its historicity, ng ',She did not want to see it vould remove it from being a clu4d with her support of the :.1 General ussiort;ftlowed on a historical background and status of the curfent' terinax'y hospital bgft' *pg. The discussion ended with the Planning Diret#r clarifying that any'significant changes to the exterior of the'buiiding w6Wd4nake-�ifsidbi t to environmental review for CEQA and would ka• to be r viewed by the Historic Preservation Commission which repc `�lirectf V #,ie Council. He also stated that there is some asked if there was any further public comment. f Ms. Mary ell, 81-107 Tranquility Drive, Indio, introduced herself an spoke on'falf of Dr. Carlson and the contribution that she has made to the comrnUnity, over the years. She added that what Dr. Carlson did, at a time when almost every veterinary practice had been bought out by corporations, was to continue to provide compassionate, individual care for her patients and she was here to provide support for Dr. Carlson's request. -13- Planning Commission Minutes September 27, 2011 Ms. Cornell added that she hoped that the Commission would see to it that this went forward because it was not, only a contribution to the members of La Quinta, but all of the surrounding communities that come to Dr. Carlson for care not available anyplace else. Chairman Alderson asked if there were any more questions of the applicant or further public comment. There being none he closed the public hearing portion of the meeting and opened the matter for Commission discussion. r General discussion followed on: • Businesses making the investor' '[ & stay in La'quinta. • How it was good to see proje� ts in that area. • Coverage of lot area. • Good design.,' • Clarification of item 25.F - 16 to` b5Jeet. There being no further�s�, sion, it was "moved and seconded by Commissioners Barrows/V�e`b ', -to, approve,, Absolution 2011-015, approving Village Use Permit<008=' as, suberlitted with the addition of conditions suggested at thel, I-Ftt M-befi i- 'of December 2, 2009 as follows: • Ap"s `_' th fir" h for the bud ing shall be used rather than sand finis h`% d n Condit- s as #56►. -i --The`,-,Oize ofk ffi trees in�tthe parking lot should be increased to 36- frorrh�+�inch `ftigjMum diameter calipers) boxes in the landscaping area (n'g1i d in Fiilaltonditions as #66) I dog relief area into the landscaping someplace for I patients (noted in Final Conditions as #67). They landscaping plan shall replace Fruitless Olive Trees with Palo Verde trees (noted in Final Conditions as #68). In addition, the Condition of Approval No. 6.A. shall be revised, for clarification, to read: • For construction activities including clearing, grading or excavation of land, the Permittee may be required to submit a Storm Water -14- Planning Commission Minutes September 27, 2011 Pollution Prevention Plan ("SWPPP") to the State Water Resources Control Board, if required by the Building Official. Unanimously approved. VI. BUSINESS ITEMS: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: A. Flyer about the Coachella Valley Water scheduled for October 7, 2011. Vill. COMMISSIONER ITEMS: A. Report on City Council Me ?f 2011; including comments on . Element and the upcoming Jo`i Appointments meeting*,. B. Commissioner Wright i '^sselleduled to City Council meeting.~; IX: DIRECTOR Awareness Tour 2, and S�priber 20, of the Cp,#y's Housing ng and Commissioner October 4, 2011, A. Discuss 6, items forjhe Joint Cdtjn, l meeting will be agendized on next Planning Comirrs. sid4vlaeting. X. Ap;URN1tfU �` `. T.hore being n i urthed —,,"�' siness, it was moved and seconded by Cor issioners insof arrows to adjourn this regular meeting of the Plane g\Commissi lji to the next meeting to be held on October 11, 2011. This meeting was 'djourned at 9:06 p.m. on September 27, 2011. Respectfully s Carolyn Walker, Executive Secretary City of La Quinta, California -15- PH # A PLANNING COMMISSION STAFF REPORT DATE: OCTOBER 11, 2011 CASE NO.: CONDITIONAL USE PERMIT 2007-107 EXTENSION 1 APPLICANT: GRACE BAPTIST CHURCH PROPERTY OWNER: CALEO BAY INVESTORS, LLC REQUEST: CONSIDERATION OF A TIME EXTENSION TO A CONDITIONAL USE PERMIT FOR A CHURCH TO OCCUPY AN APPROXIMATELY 3,400 SQUARE FOOT TENANT SPACE WITHIN AN EXISTING COMMERCIAL OFFICE BUILDING LOCATION: ENVIRONMENTAL CONSIDERATION: GENERAL PLAN DESIGNATION: ZONING: SURROUNDING LAND USES: 47-110 WASHINGTON STREET, SUITE 101 LA QUINTA PROFESSIONAL PLAZA THE CITY OF LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS REQUEST HAS BEEN PREVIOUSLY ASSESSED AS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303(C) CLASS 3 (CONVERSION OF SMALL STRUCTURES). NO CHANGED CIRCUMSTANCES OR CONDITIONS ARE PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF SUBSEQUENT ENVIRONMENTAL ANALYSIS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21166. CC (COMMUNITY COMMERCIAL) CC (COMMUNITY COMMERCIAL) NORTH: AVENUE 47; WASHINGTON PARK SOUTH: VACANT, UN -ENTITLED LAND EAST: CALEO BAY DR.; LAKE LA QUINTA WEST: WASHINGTON ST.; ST. FRANCIS OF ASSISI CHURCH BACKGROUND The La Quinta Professional Plaza, which consists of six multi -tenant office buildings located at the southeast corner of Washington Street and Avenue 47, received Parcel Map, Specific Plan, and Site Development Permit approval from the City Council on April 17, 2001 (TR 29889, SP 2000-049, SDP 2001-691) (Attachment 1). The site is currently partially -occupied with a restaurant, bank, and various administrative offices as existing tenants. In 2007, the Episcopal Church of the Apostles received Planning Commission approval of Conditional Use Permit 2007-107 to locate temporarily to the La Quinta Professional Plaza while a permanent location was constructed. Currently, the Episcopal Church has vacated the tenant space, which is now occupied by the Grace Baptist Church. REQUEST The applicant is requesting a time extension for Conditional Use Permit 2007-107 to continue operation of the Grace Baptist Church within the approximately 3,000 square foot tenant space on the ground floor of the easternmost building of the La Quinta Professional Plaza (Attachment 2). The Episcopal Church originally requested the conditional use permit for four years, with an expiration date of December 11, 2011. In the Fall of 2010, the Episcopal Church vacated the building and in the Spring of 2011, Grace Baptist Church moved into the building and began and continues to operate its church activities under the conditions of the existing CUP. Grace Baptist Church is now requesting that the permit be extended for another four years, with a new expiration date of December 11, 2015. During this time, the church intends on securing a permanent location within the city (Attachment "A" of Conditions of Approval). Only interior tenant improvements are required for the church, and no alterations to the structure and site are proposed. The interior layout of the church would utilize the existing improvements constructed by the Episcopal Church (Attachment 3). Church - related uses include a worship/assembly area that will hold no more than 60 seats, a reception area, and multi -purpose use areas where bible studies and various educational and social programs would take place. Office -related uses include the church's administrative offices, a conference area, and other ancillary spaces (restrooms, break room, storage areas). The church is proposed to be utilized on a daily basis, with administrative uses and small gatherings occurring on weekdays and weekend services occurring on Sundays. Typical weekday uses include the full-time Pastor and a secretary utilizing the office area during regular business hours. Evening use of the site is limited, with an occasional social event or gathering taking place after normal weekday business hours, starting at 7:OOpm and ending at 9:OOpm. A prayer and bible study will take place on Thursday evenings between 7:OOpm and 8:30pm. Initially, weekly worship with no more than 60 people in attendance is proposed to occur on Sunday mornings at 10:30 a.m. and Sunday evenings at 5:OOpm. 2 ANALYSIS Staff believes that the Grace Baptist Church will be able to continue to operate within the La Quinta Professional Plaza with minimal impacts on the other existing surrounding uses. The church is consistent with the land use designation of Community Commercial for the proposed location, as well as the permitted land uses stated in the approved Specific Plan for the La Quinta Professional Plaza. The scheduling of church -related functions is anticipated to remain complementary to the existing surrounding uses as the most intensive uses of the site would take place during periods when most of the other uses on the site are closed (Sunday mornings, weeknights). The administrative uses of the church during normal weekday business hours would be of similar intensity to the other existing uses, which include real estate offices, a bank, and a restaurant, and is also consistent with the Specific Plan. Some businesses, neighboring restaurants in particular, could likely benefit from the increased number of visitors to the commercial plaza. Staff analysis based on the parking requirements in LQMC Section 9.150.060 Spaces required by Use has determined that the existing parking spaces within the La Quinta Professional Plaza can continue to accommodate the proposed use. As a result of the peak/off-peak relationship of operating hours between the church and the existing businesses, and the staff's expectation that the majority of church -related parking will take place in the eastern -most parking area near the main entrance of the church, an ample amount of parking spaces exist within the La Quinta Professional Plaza to accommodate church parishioners, employees, and volunteers on any given day of the week, while also leaving sufficient parking for the other neighboring businesses. Furthermore, since the 2007 approval of the original permit, staff has not received any complaints from nearby residents and businesses regarding parking, traffic, and incompatibilities of use. Public Notice This request was published in The Desert Sun newspaper on September 30, 2011, and mailed to all affected property owners and occupants within 500 feet of the proposed church site as required by Section 9.200.110 of the La Quinta Municipal Code. No comments were received as of October 7, 2011. Public Agency Review This request was sent to all applicable City departments and affected public agencies on June 20, 2011. All written comments received are on file and available for review with the Planning Department. All applicable comments have been incorporated in the recommended Conditions of Approval. FINDINGS Findings to approve this request per Section 9.210.020.E of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. 3 RECOMMENDATION Adopt Planning Commission Resolution 2011-_, approving Conditional Use Permit 2007-107 Extension 1, subject to the attached Findings and Conditions of Approval. Prepared by: JAY WUU, Associate Plann r Attachments: 1. Vicinity Map 2. La Quinta Professional Plaza Site Plan 3. Church Interior Floor Plan PLANNING COMMISSION RESOLUTION 2011- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING THE CONTINUED OPERATION OF A CHURCH WITHIN AN EXISTING COMMERCIAL SPACE AT 47-110 WASHINGTON STREET CASE NO.: CONDITIONAL USE PERMIT 2007-107 EXTENSION 1 APPLICANT: GRACE BAPTIST CHURCH WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 111h day of October, 2011, hold a duly noticed Public Hearing to consider the request by the Grace Baptist Church for a time extension for a conditional use permit to allow the continued operation of a church within a ±3,000 square -foot commercial tenant space located within the La Quinta Professional Plaza at 47-1 10 Washington Street, at the southeast corner of Washington Street and Avenue 47 and more particularly described as, APN: 643-200-035 WHEREAS, said conditional use permit time extension application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Department has determined that this request has been previously assessed as Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(c) Class 3 (Conversion of Small Structures) and no changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166.; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said conditional use permit time extension: 1. The proposed use is consistent with the land use designation of Community Commercial. The City's General Plan Policies relating to Community Commercial encourage a wide range of commercial opportunities and support services. 2. The proposed use is consistent with the provisions of the La Quinta Zoning Code. Continued use of the space as a church and administrative offices will have similar characteristics and impacts as professional offices and similar uses which are permitted by right under the Community Commercial zoning district, and will conform to the development standards applicable to the use. 5 Planning Commission Resolution 2011- Conditional Use Permit 2007-107 Extension 1 Grace Baptist Church October 11, 2011 3. Processing of this conditional use permit time extension for the proposed use is in compliance with the provisions of the California Environmental Quality Act. The Planning Department has determined that this request has been previously assessed as Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303(c) Class 3 (Conversion of Small Structures). No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. Approval of this proposed use, subject to required Conditions of Approval, is consistent with the surrounding uses and will not be a detriment to the public health, safety and general welfare, nor shall it be injurious or incompatible with other properties or uses in the vicinity. Use of the space as a church with administrative offices will have similar characteristics and impacts as the land use in which it is being located in. Hours and . procedures of operations are based on the seating available and parking capacity of the facility and site. Furthermore, since the 2007 approval of the original permit, staff has not received any complaints from nearby residents and businesses regarding parking, traffic, and incompatibilities of use. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case. 2. That it does hereby approve Conditional Use Permit 2007-107 Extension 1 for the reasons set forth in this Resolution, and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta Planning Commission, held on this the 11 `h day of October, 2011 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: L Planning Commission Resolution 2011- Conditional Use Permit 2007-107 Extension 1 Grace Baptist Church October 11, 2011 ED ALDERSON, Chairman City of La Quinta California ATTEST: LES JOHNSON, Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2007-107 EXTENSION 1 GRACE BAPTIST CHURCH OCTOBER 11, 2011 GENERAL 1. The applicant agrees to indemnify, defend and hold harmless the City of La Quinta, its agents, officers, and employees from any claim, action, or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City of La Quinta shall have the right to select its defense counsel at its sole discretion. The City of La Quinta shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense. 2. The applicant shall comply with all applicable provisions of the La Quinta Municipal Code (LQMC), including LQMC Chapter 9.210.020. 3. This conditional use permit shall expire on December 11, 2015, unless granted a time extension pursuant to the requirements of La Quinta Municipal Code 9.200.080 (Permit expiration and time extensions). 4. Any expansion of this use or substantial modifications to the approved floor plan may require an amendment of this conditional use permit. Minor modifications to this conditional use permit may be approved by the Planning Director, provided notification of existing tenants may be required prior to such approval. 5. Prior to issuance of any building permit by the City, the applicant shall obtain any necessary permits and/or clearances from the following agencies: • Fire Marshal • Sheriff's Department The applicant is responsible for all requirements of the permits and/or clearances from the above -listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. Contact the City of La Quinta Building & Safety Department (760-777-7012) for more information. [] PLANNING COMMISSION RESOLUTION 2011- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2007-107 EXTENSION 1 GRACE BAPTIST CHURCH OCTOBER 11, 2011 PARKING/CIRCULATION 6. No on -street public parking outside the La Quinta Professional Plaza parking lot may be reserved for church parking. All on -street public parking areas shall remain available for public use. 7. Roadways/traffic aisles to structures and activities in and around the church shall be maintained accessible to emergency vehicles at all times. MISCELLANEOUS 8. No signage is included in this conditional use permit approval. A separate Sign Permit is required through the Planning Department if the applicant proposes signs for the church. The applicant shall comply with the La Quinta Professional Plaza Sign Program. 9. Church services shall occur only on the days and times specified in the Conditional Use Permit, which are based on the written request provided to the City by the Grace Baptist Church, dated May 25, 2011. Typical Sunday church services are permitted between the hours of 9:00 a.m. and 7:00 p.m., with a maximum attendance based on the proposed design of the sanctuary for 60 seats. Weekday church gatherings may occur intermittently, and the attendance limit for such use shall be based on the use of not more than 14 parking spaces, as stated in the lease agreement between the Church and property management. Changes to this schedule that do not conflict with normal business hours of the other tenants in the La Quinta Professional Plaza may be approved by the Planning Director. These restrictions are based on the statement of operations proposed by the church and included in a letter dated May 25, 2011 authored by Pastor Larry Chappell attached as Exhibit "A" and made a part of these conditions. 2 ATTACHMENT A irch Quinta May 25, 2011 Members of the Planning Commission City of La Quinta, California To the Distinguished Members of the Planning Commission, I would like to introduce myself. I am Pastor Larry Chappell of Grace Baptist Church of La Quinta. I have come to this community to establish the first Baptist church to exist in our city. Our desire is to be a blessing to our community, ourgoal is to ultimately have our own church building in La Quints In the meantime, we propose to use the space at 47110 Washington Street, in the La Quinta Professional Plaza (LQPP), for worship, programs, and administration. 1 would offer the following information as a general guide to our use of the space in question. Some of it is speculative and we will, of course, be happy to comply with the terms of the Conditional Use Permit and any restrictions placed upon us by our landlord Worship -- We would begin our Sunday with Sunday school at 9:30 am. followed by morning worship services at 10:30 ending at approximately 11:30. We will be having Sunday evening worship service starting at 5:00. Thursday evenings we will have a Prayer/Bible Study starting at 7:00 that will end at approximately 0:30. Social - We would gather in smaller numbers for social events, usually in the evening. Church office and administrative uses - At the present time we have no employees. Eventually we desire to have a full time Pastor and secretary. These would be the only employees who would use the church during regular business hours. Educational or other program uses - We might, from time to time, schedule other programs such as bible and mission conferences that might be of interest to the members of our church and this community. These will typically attract attendance of about our average numbers: in the range of 30 - 50 people. These types of events will occur primarily in the evening hours usually starting around 7:00 and ending at 9:00. 47-110 Washington, Suite 101, La Quinta, California 92253 760.501.5293 10 Members of of the Planning Commission a _. May 24, 2011 Page 2 Maximum numbers - We do not envision placing more than 60 seats in the worship center for Sunday worship in the first year. For other programs, the maximum would be less, perhaps 30 - 40 people. Duration of use - We anticipate using this space for two or three years. Parking - We would use no more than 40 parking spaces in the LQPP parking area on Sunday mornings. We would use significantly less during the other services, no more than 14 on evening services or special events. Daytime uses - Church families or individuals gatherings in small numbers, meeting of volunteers, and small educational/study groups, subject to the parking stipulations by the City or landlord. As I have previously stated it is our desire to be a blessing to our community. I hope that this information is helpful in your deliberations. Please contact me if you require additional or clarification of the information provided. Respectfully Submitted, a n , Dr. Larry Chapp�11 Pastor 11 ATTACHMENT 1 12 ATTACHMENT 2 mo=isnlilou,smm m 13 I ATTACHMENT 3 14 ATTACHMENT ATTACHMENT 2 I ATTACHMENT 3. n A -top 4 5 CE`N OF TO: Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Planning Director I--- DATE: October 11, 2011 SUBJECT: Discussion of Matters of Joint Interest to the Members of the City Council The Joint City Council/Commission meeting has been scheduled for November 1, 2011, with the following interview schedule: 3:30 p.m. Historic Preservation Commission 4:00 p.m. City Council Meeting 4:30 p.m. Investment Advisory Board 5:00 p.m. Architecture and Landscaping Review Committee 5:30 p.m. Community Services Commission 6:00 p.m. Housing Commission 6:30 p.m. Planning Commission The Council has allowed 30 minutes per Commission, similar to the way it was handled last year. As mentioned at the September 27`h meeting, please be prepared to present some new discussion topics at the October 11, 2011 (tonight's) meeting.