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PC Resolution 2019-014 Pavilion Palms SP, TPM, SDPPLANNING COMMISSION RESOLUTION 2019 - 014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A SPECIFIC PLAN AMENDMENT, TENTATIVE PARCEL MAP, AND SITE DEVELOPMENT PERMIT FOR THE PAVILION PALMS SHOPPING CENTER LOCATED AT THE NORTHWEST CORNER OF JEFFERSON STREET AND AVENUE 50. CASE NUMBERS: SPECIFIC PLAN 2017-0002 TENTATIVE PARCEL MAP 2017-0003 SITE DEVELOPMENT PERMIT 2017-0009 APPLICANT: LUNDIN DEVELOPMENT COMPANY WHEREAS, the Planning Commission of the City of La Quinta, California did, on the loth day of December, 2019, hold a duly noticed Public Hearing to consider a request by Lundin Development Company for approval of the Pavilion Palms Shopping Center, generally located at the northwest corner of Jefferson Street and Avenue 50, more particularly described as: APN 602-180-004 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on September 20, 2019 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a duly noticed Public Hearing on October 8, 2019 to consider this project and continued the Public Hearing, to allow the applicant time to revise the site plan; and WHEREAS, the Planning Commission of the City of La Quinta, California did previously hold a duly noticed Public Hearing on June 26, 2018 to consider this project and continued the Public Hearing, to allow the applicant time to revise the traffic study and include an analysis of other intersections in the area; and Planning Commission Resolution 2019 - 014 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 2 of 9 Specific Plan (Amendment) 2017-0002 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.240.010 of the La Quinta Municipal Code to justify recommending to the City Council approval of said Specific Plan: 1. Consistency with General Plan The proposed Specific Plan Amendment is consistent with the goals and policies of the La Quinta General Plan in that it will result in the development of an approximate 119,182 sq. ft. shopping center which is permitted in the General Commercial land use designation. The proposed project is consistent with the following Goals and Policies: • Goals LU-6 and ED-1 as it will contribute to a balanced and varied economic base which provides fiscal stability to the City, and a broad range of goods and services to its residents and the region. • Policy LU-2.2 which requires Specific Plans for projects proposing flexible development standards that differ from the Zoning Ordinance. This project proposes variations from several development standards therefore a Specific Plan is appropriate for the project. • Policy CIR-1.12 to reduce vehicular traffic on major roadways and to reduce vehicle miles traveled by traffic originating in the City by the development of a land use pattern that maximizes interactions between adjacent or nearby land uses. This project proposes a shopping center near residences which would provide jobs near housing and provide goods and services near residences to shorten vehicle miles traveled. • Policy CIR-2.3 to develop and encourage the use of continuous and convenient pedestrian and bicycle routes and multi -use paths to places of employment, recreation, shopping, schools, and other high activity areas by providing Planning Commission Resolution 2019 - 014 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 3 of 9 sidewalks on Avenue 50 and Jefferson Street along the project's frontage as well as walkable areas within the project site. • Policy SC-1.6 to expand the City's alternative transportation network by providing sidewalks along Avenue 50 and Jefferson Street to connect gaps in the City's sidewalk system. • Program PR-1.8.c: to promote and improve public access to farmers markets and grocery stores that sell fresh produce and healthy foods with the establishment of a supermarket at the site. • Policy AQ-1.6 which states that proposed development air quality emissions of criteria pollutants shall be analyzed under CEQA. The project's MND analyzed these and determined that mitigation measures would reduce impacts to less than significant levels. • Policy BIO-1.2 which states that site -specific, species -specific surveys shall be required for species not covered by the MSHCP. The project's MND includes mitigation that requires pre -construction surveys for burrowing owl, which is not a covered species under the MSHCP. • GOAL CUL-1 which supports protection of significant archaeological, historic and paleontological resources which occur in the City. The project's MND includes mitigation measures to include a tribal monitor during ground disturbing activities. • GOAL N-1 which supports a healthful noise environment which complements the City's residential and resort character. The project's MND includes mitigation measures to reduce noise impacts to less than significant levels. Planning Commission Resolution 2019 - 014 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 4 of 9 • GOAL GEO-1 which supports the protection of the residents' health and safety, and of their property, from geologic and seismic hazards. The project's MND determined that with implementation of required building and seismic code standards, the project would have a less than significant impact on geological resources. Policy FH-1.3 which states that the City shall continue to implement development standards that provide for a reduction in runoff from developed lands and are consistent with local and regional stormwater management plans. The project is consistent with this policy since underground retention will be provided that will contain the 100 year storm for the site. • Policy PF-1.3 which states that the City shall identify all viable financing mechanisms for the funding of construction, maintenance and operation of municipal facilities. The project will be required to pay development impact fees which is a funding mechanism for municipal facilities and public services. • The project conceptual landscape design is consistent with Goal WR-1 and Policy UTL-1.2 as it will result in the efficient use and conservation of the City's water resources. 2. Public Welfare Approval of the proposed Specific Plan Amendment will not create conditions materially detrimental to public health, safety and general welfare. The Design and Development Department has prepared Environmental Assessment 2017-0006 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. Planning Commission Resolution 2019 - 014 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 5 of 9 3. Land Use Compatibility The proposed Specific Plan incorporates a land use that is compatible with zoning on adjacent properties. The property will continue to be zoned as Community Commercial which is intended to provide for the sale of general merchandise, hardware and building materials, food, drugs, sundries, personal services and similar goods and services to meet the needs of multi -neighborhood area. 4. Property Suitability The uses permitted in the Specific Plan are suitable and appropriate for the subject property in that the site is relatively flat, vacant, and the area can be served by all necessary public services and utilities. The proposed project is located at the intersection of arterial streets and provides convenience to goods and services to residential neighborhoods in the vicinity. Tentative_ Parcel Map 2017-0003 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Tentative Tract Map: 1. Tentative Parcel Map 37370 is consistent with the La Quinta General Plan, and Specific Plan 2017-0002 as proposed. The Tentative Parcel Map is consistent with the General Commercial land use designation as set forth in the General Plan, and as set forth in Specific Plan 2017-0002. 2. The design and improvement of Tentative Parcel Map 37370 is consistent with the La Quinta General Plan, and Specific Plan 2017- 0002 with the implementation of recommended conditions of approval. 3. The design of Tentative Parcel Map 37370 and proposed improvements are not likely to cause substantial environmental Planning Commission Resolution 2019 - 014 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 6 of 9 damage, nor substantially and avoidably injure fish or wildlife or their habitat. The Design and Development Department has prepared Environmental Assessment 2017-0006 for this project, in compliance with the requirements of the California Environmental Quality Act (CEQA). The Design and Development Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. 4. The design of Tentative Parcel Map 37370 and type of improvements are not likely to cause serious public health problems, insofar as the project will be required to comply with all laws, standards and requirements associated with sanitary sewer collection, water quality and other public health issues. 5. The site of the proposed subdivision is physically suitable for the type of development and proposed density of development given the site's location at the corner of two arterial roadways and the site is relatively flat, vacant, and can be served by all necessary public services and utilities. 6. The proposed subdivision is consistent with all applicable provisions of this title and the La Quinta Zoning Ordinance, including, but not limited to, minimum lot area requirements, any other applicable provisions of this code, and the Subdivision Map Act. 7. The design and improvements required for Tentative Parcel Map 37370 will not conflict with easements, acquired by the public at large, for access through or use of the property. All roadway improvements, easements, if any and surrounding improvements will be completed to City standards. Planning Commission Resolution 2019 - 014 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 7 of 9 Site Development Permit 201.7-0009 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 1. Consistency with General Plan The proposed development is consistent with the General Plan land use designation of General Commercial. The City's General Plan policies relating to General Commercial encourage shopping centers in the City, and the proposed use maintains those policies. The proposed project is consistent with Goal ED-1 as it will contribute to a balanced and varied economic base which provides fiscal stability to the City, and a broad range of goods and services to its residents and the region. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the purpose and intent of the Community Commercial District as well as the development standards of the City's Zoning Code and Specific Plan 2017-0002 in terms of architectural style and landscaping. The project satisfies the District's intent to provide for the sale of general merchandise, hardware and building materials, food, drugs, sundries, personal services and similar goods and services to meet the needs of multi -neighborhood area. The project is generally consistent with the non-residential development standards and permitted use table, except deviations that include requested reductions from landscape setback standards, increased retail building size, and allowance of automotive service station as a permitted use. These development standard and land use deviations may be approved with the Specific Plan Amendment. I Compliance with CEQA The Design and Development Department has prepared Environmental Assessment 2017-0006 for this project, in compliance with the requirements of the California Environmental Planning Commission Resolution 2019 - 014 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 8 of 9 Quality Act (CEQA). The Design and Development Director has determined that although the proposed project could have a significant effect on the environment, there will not be a significant effect because revisions in the project have been made by or agreed to by the project proponent and mitigation measures have been incorporated. 4. Architectural Design The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, roof style and other architectural elements are compatible with surrounding development and with the quality of design prevalent in the city. 5. Site Design The site design of the project including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, screening of equipment and trash enclosures, exterior lighting, and other site design elements are compatible with surrounding development and with the quality of design prevalent in the city. 6. Landscape Design Project landscaping, including, but not limited to, the location, type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and provide an overall unifying influence to enhance the visual continuity of the project. The proposed project is consistent with the landscaping standards and plant palette and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. The permanent overall site landscaping utilizes various tree and shrub species to enhance the building architecture. Planning Commission Resolution 2019 - 014 Specific Plan 2017-0002 Tentative Parcel Map 2017-0003 Site Development Permit 2017-0009 Pavilion Palms Shopping Center December 10, 2019 Page 9 of 9 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That the Planning Commission hereby recommends to the City Council approval of Specific Plan 2017-0002, Tentative Parcel Map 2017- 0003 and Site Development Permit 2017-0009. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the loth day of December, 2019, by the following vote: AYES: COMMISSIONERS BETTENCOURT, MCCUNE, NIETO AND CHAIRPERSON CALDWELL NOES: COMMISSIONERS CURRIE AND PROCTOR ABSENT: COMMISSIONER LIBOLT VARNER ABSTAIN: NONE MAAY CALDWELL, Chairperson City of La Quinta, California ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2019 - 014 CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2017-0002 (SPECIFIC PLAN 1998-034, AMENDMENT 2) PAVILION PALMS SHOPPING CENTER ADOPTED: DECEMBER 10, 2019 Page 1 OF 2 SPECIFIC PLAN 2017-0002 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Specific Plan. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Specific Plan 2017-0002 shall be developed in compliance with these conditions, and the approved Specific Plan document. In the event of any conflicts between these conditions and the provisions of Specific Plan 2017- 0002, these conditions shall take precedence. 3. Specific Plan 2017-0002 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals: Environmental Assessment 1998-375 and 2017-0006 Tentative Parcel Map 2017-0003 (TTM 37370) Site Development Permit 2017-0009 In the event of any conflicts between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 4. Within 30 days of City Council approval, applicant shall provide an electronic copy (.pdf) and three bound paper copies of the Final Specific Plan document to the Design and Development Department. The Final Specific Plan shall include all text and graphics, all amendments per this action, and correction of any typographical errors, internal document inconsistencies, and other amendments deemed necessary by the Planning Manager. 5. Fuel center operating hours shall be limited to 7:00 a.m. to 10:00 p.m. as stated in the Specific Plan. Any changes that need to be made to these hours after approval of the Specific Plan shall be subject to approval by the Design and Development Director. 6. Representatives from tribes within the project vicinity commented and have requested the following considerations: PLANNING COMMISSION RESOLUTION 2019 - 014 CONDITIONS OF APPROVAL - RECOMMENDED SPECIFIC PLAN 2017-0002 (SPECIFIC PLAN 1998-034, AMENDMENT 2) PAVILION PALMS SHOPPING CENTER ADOPTED: DECEMBER 10, 2019 Page 2 OF 2 A. The presence of an approved Agua Caliente Native American Cultural Resource Monitor(s) shall be onsite during any ground disturbing activities (including archaeological testing and surveys). B. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior's Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office.