2019-12-10 PC MinutesPLANNING COMMISSION
MINUTES
TUESDAY DECEMBER 10 2019
CALL TO ORDER
A regular meeting of the La Quinta Planning Commission was called to order at
6:00 p.m. by Chairperson Caldwell.
PRESENT: Commissioners Bettencourt, Currie, Libolt Varner, McCune,
Nieto, Proctor and Chairperson Caldwell
ABSENT: None
STAFF PRESENT: City Attorney William Ihrke, Design and Development Director
Danny Castro, Planning Manager Cheri L. Flores, Public Works
Director/City Engineer Bryan McKinney, Consulting Planner
Nicole Sauviat Criste, Commission Secretary Wanda Wise -Latta
and Administrative Assistant Mirta Lerma
PLEDGE OF ALLEGIANCE
Commissioner Libolt Varner led the Planning Commission in the Pledge of
Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None
CONFIRMATION OF AGENDA
With regards to Public Hearing No. 1, Commission Secretary Wanda Wise -Latta
stated that the public hearing was noticed in accordance with state law and the La
Quinta Municipal Code. She stated that Public Hearing No. 2 was advertised, heard
by the Planning Commission (Commission) on October 8, 2019 and was continued
to December 10, 2019, to allow the applicant to revise the site plan, which is now
before the Commission for consideration and noted that since the hearing was
continued to a date specific and in accordance with state law and the La Quinta
Municipal Code additional notifications were not required.
Chairperson Caldwell requested to add an item under Commissioners' Items
regarding the start time of Planning Commission regular meetings.
Commissioner Libolt Varner said she would recuse herself from discussion and vote
on Public Hearing Items No. 1 and No. 2 due to a potential conflict of interest
stemming from a business relationship between her employer, MSA Consulting, and
both applicants.
PLANNING COMMISSION MINUTES 1 DECEMBER 10, 2019
Commission concurred and the agenda was confirmed.
ANNOUNCEMENTS PRESENTATIONS AND WRITTEN COMMUNICATION
1. Short Term Vacation Rental Ad Hoc Committee
Design and Development Director Danny Castro provided an update on the
establishment of a Short -Term Vacation Rental Ad Hoc Committee.
CONSENT CALENDAR
1. APPROVAL OF MINUTES DATED NOVEMBER 12, 2019
MOTION - A motion was made and seconded by Commissioners
Bettencourt/Proctor to approve the Consent Calendar as submitted. AYES:
Commissioners Bettencourt, Currie, Libolt Varner, McCune, Nieto, Proctor and
Chairperson Caldwell. NOES: None. ABSENT: None. ABSTAIN: None. Motion
passed unanimously.
BUSINESS SESSION - None
STUDY SESSION
1. RECREATIONAL AND LARGE VEHICLE PARKING IN RESIDENTIAL AREAS
Planning Manager Cheri L. Flores presented the staff report, which is on file in the
Design and Development Department and noted that a staff member from Code
Enforcement was available to respond to inquiries regarding enforcement.
Commissioners commented on potential construction vehicles parking in residential
areas; inquired about the number of oversized vehicles being parked in
neighborhoods; suggested the item come back to the Commission for further
discussion; and noted that should the matter return to the Commission for
discussion or consideration suggested that policies or regulations be presented for
the Commission's consideration.
Animal/Code Compliance Supervisor Kevin Meredith provided information about the
number of complaints received in 2018 and 2019 regarding recreational vehicles
parked on private property and public streets.
PUBLIC HEARINGS
DECLARATIONS REGARDING COMMISSION PUBLIC CONTACTS
AS NOTED AT CONFIRMATION OF AGENDA, COMMISSIONER LIBOLT VARNER
RECUSED HERSELF FROM DISCUSSION AND VOTE ON PUBLIC HEARING
PLANNING COMMISSION MINUTES 2 DECEMBER 10, 2019
ITEMS NO. 1 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING
FROM A BUSINESS RELATIONSHIP BETWEEN HER EMPLOYER, MSA
CONSULTING, AND THE PROJECT DEVELOPER SILVERROCK DEVELOPMENT
COMPANY AND PUBLIC HEARING ITEM NO. 2 DUE TO A POTENTIAL
CONFLICT OF INTEREST STEMMING FROM A BUSINESS RELATIONSHIP
BETWEEN HER EMPLOYER, MSA CONSULTING, AND THE PROJECT
DEVELOPER, LUNDIN DEVELOPMENT COMPANY AND LEFT THE DAIS AT 6: 20
P.M.
Commissioner Bettencourt disclosed that with regards to Public Hearing No. 1, he
participated in a tour of SilverRock Resort with the applicant's representative and
City staff member.
Commissioner McCune disclosed that with regards to Public Hearing No. 1, he
participated in a tour of SilverRock Resort with the applicant's representative.
Chairperson Caldwell disclosed that with respect to Public Hearing Item No. 1, that
she participated in a tour of SilverRock Resort with the applicant's representative
and stated that there were never more than two Commissioners together during
each of the three scheduled tours. With respect to Public Hearing Item No. 2, that
in April 2018 she met with Mr. Greg Bever who is one of the applicants for the
Pavilion Palms commercial center to hear a presentation regarding the proposed
project and has visited the project site several times.
Commissioner Proctor disclosed that with regards to Public Hearing No.1, he has
visited the SilverRock Resort site. With respect to Public Hearing Item No. 2, noted
that he met with the applicant for the Pavilion Palms commercial center in April
2018 to hear a presentation regarding the proposed project.
Commissioner Currie disclosed that with respect to Public Hearing No. 1, she
participated in a tour of SilverRock Resort with the applicant's representative. With
regards to Public Hearing Item No. 2, that on April 2018 she and former Planning
Commissioner Paul Quill met with Mr. Greg Bever to hear a presentation regarding
the proposed project.
Commissioner Nieto disclosed with respect to Public Hearing Item No. 1, that he
participated in a tour of SilverRock with the applicant's representative and with
respect to Public Hearing No. 2, that he visited the project site alone.
No other public contact to report.
Chairperson Caldwell explained the public hearing process.
1. ADOPT RESOLUTION TO APPROVE TENTATIVE TRACT MAP 2019-0002 (TTM
37730) SUBMITTED BY SILVERROCK DEVELOPMENT COMPANY PROPOSING
TO ALLOW SUBDIVISION OF 13.9 ACRES FOR DEVELOPMENT OF 29 SINGLE-
FAMILY HOMES. PROJECT: MONTAGE RESIDENCES. CEQA: FINDINGS OF
PLANNING COMMISSION MINUTES 3 DECEMBER 10, 2019
ENVIRONMENTAL ASSESSMENT 2014-1003 APPLY AND NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED. LOCATION: WITHIN THE
NORTHWEST PORTION OF THE SILVERROCK RESORT.
Consulting Planner Nicole Sauviat Criste presented the staff report, which is on file
in the Design and Development Department.
Staff responded to the Commission's inquiries regarding a turnaround or
throughway for emergency vehicles within the project which would be included in
the recorded final map; noted that the applicant has indicated occupancy of the
homes would not occur prior to completion of the Montage hotel; parking; tentative
tract map recordation; landscaping plan; and clarified that in the site development
permit the homes were characterized as being associated with the Montage hotel
and hotel services would be available to the residents.
Chairperson Caldwell declared the PUBLIC HEARING OPEN at 6:37 p.m.
PUBLIC SPEAKER: Mr. John Gamlin, SilverRock Development Company -
introduced himself; thanked Staff for the presentation of the staff report;
introduced Project Coordinator Ms. Gloria Issa, as well as Project Engineer Mr. Rich
Vaughn and Mr. Sam Menache of Michael Baker International; presented additional
information regarding the project; and responded to inquiries from the Planning
Commission.
Chairperson Caldwell declared the PUBLIC HEARING CLOSED at 7:03 p.m.
MOTION - A motion was made and seconded by Commissioners
Betten co u rt/ Proctor to approve Planning Commission Resolution 2019-012
approving Tentative Tract Map 2019-0002 subject to the findings and conditions of
approval. AYES: Commissioners Bettencourt, Currie, McCune, Nieto, Proctor and
Chairperson Caldwell. NOES: None. ABSENT: Commissioner Libolt Varner.
ABSTAIN: None. Motion passed.
2. CONTINUED FROM OCTOBER 8, 2019 - ADOPT RESOLUTIONS
RECOMMENDING THE CITY COUNCIL CERTIFY ENVIRONMENTAL
ASSESSMENT 2017-0006 AND APPROVE SPECIFIC PLAN 2017-0002,
TENTATIVE PARCEL MAP 2017-0003, SITE DEVELOPMENT PERMIT 2017-0009
SUBMITTED BY LUNDIN DEVELOPMENT COMPANY PROPOSING AN
APPROXIMATE 119,000 SQUARE -FOOT SHOPPING CENTER WITH THREE
DRIVE -THROUGH BUILDINGS AND A 63,000 SQUARE -FOOT SUPERMARKET
WITH ASSOCIATED VEHICLE FUEL CENTER. PROJECT: PAVILION PALMS
SHOPPING CENTER. CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT
HAS PREPARED A MITIGATED NEGATIVE DECLARATION IN COMPLIANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. LOCATION:
NORTHWEST CORNER OF AVENUE 50 AND JEFFERSON STREET.
PLANNING COMMISSION MINUTES 4 DECEMBER 10, 2019
Planning Manager Cheri L. Flores presented the staff report, which is on file in the
Design and Development Department.
Staff responded to the Commission's inquiries regarding condition of approval that
requires the applicant to fully landscape any building pads that remain vacant for
more than two years; central shade structure; material samples shown on the
architectural plans; review of fueling center under the environmental assessment;
hourly limitations on fuel center; left turn lane on Avenue 50 to Jefferson Street;
confirmed applicant would not have access to Derek Alan Drive from the Pavilion
Palms commercial center (Project); and traffic exiting onto Avenue 50.
PUBLIC SPEAKER: Mr. Greg Bever, applicant, Lundin Development Company,
Rancho Mirage - introduced himself and presented additional information regarding
the Project. Mr. Bever introduced the Project's landscape architect, Jim Harrison of
La Hacienda Nursery and Landscape, Inc. and the Project architect Jeff Herbst of
MCG Architecture.
PUBLIC SPEAKER: Mr. Jim Harrison, La Hacienda Nursery and Landscape, Inc. -
presented additional information regarding the Project's landscape plan.
PUBLIC SPEAKER: Mr. Jeff Herbst, MCG Architecture - introduced himself and
provided additional information about the Project.
PUBLIC SPEAKER: Mr. Greg Bever, applicant, Lundin Development Company,
Rancho Mirage - shared corrections and additions that were made to the Project
since October 8.2019.
Public Works Director/City Engineer Bryan McKinney noted that the City was
satisfied that the Project would not negatively impact the intersections and the
surrounding area. He also noted that the applicant's traffic study analyzed
surrounding intersections based upon trips generated by the intersection of Avenue
50 and Jefferson Street and none of those intersections level of service dropped to
an unacceptable range based upon trips going to or from the Project and confirmed
that the traffic study included consideration of potential expansion of the
commercial center located directly east of the Project.
The following PUBLIC SPEAKERS spoke in opposition of the Project, and provided
comments on the impacts to quality of life; fueling station; location of fueling
station within the Project; size of the fueling station convenience store; layout of
parking lot; not enough parking for the Project; traffic flow within Project;
vagueness in presentation by the applicant; Project compatibility with City's
General Plan; the traffic study; lighting on the back of the proposed grocery store;
traffic; drive through eating establishments; traffic; noise from delivery trucks;
drive through establishment hours; closure of other grocery stores; traffic speed;
and the quality of the Project.
■ Mr. Dick Mills, La Quinta
PLANNING COMMISSION MINUTES 5 DECEMBER 10, 2019
• Mrs. Yolanda Mills, La Quinta
• Mr. Ken Hulbert, La Quinta
• Mr. Steve Cenicola, La Quinta
• Mr. Bill Fitzgerald, La Quinta - submitted Public Speaker Form opposed to the
Project and requested to donate his allotted speaker time to Steve Cenicola.
• Mr. Rich Garibaldi, La Quinta - submitted Public Speaker Form opposed to the
Project and did not speak.
• Ms. Leila Namvar, La Quinta
• Ms. Pat Matasso, La Quinta - submitted Public Speaker Form opposed to the
Project and requested to donate her allotted speaker time to Ms. Leila
Namvar.
■ Ms. JoAnn Olson, La Quinta - submitted Public Speaker Form opposed to the
Project and did not speak.
• Mr. Dick Colliver, La Quinta
• Ms. Robin Diefendorf, La Quinta - submitted Public Speaker Form opposed to
the Project and requested to donate her allotted speaker time to Mr. Dick
Colliver.
• Mr. Jim O'Brien, La Quinta
• Mr. Sanford Lox, La Quinta
• Mr. John Healy, La Quinta
• Ms. Kathy Cole, La Quinta
The following PUBLIC SPEAKERS spoke in support of the Project and provided
comments on increased tax dollars generated by future businesses; gathering
places; intended retail space; access to a high -end grocery store; diversity in goods
and services.
• Mr. Curtis Barlow, La Quinta
• Mr. Sam Spinello, La Quinta
• Ms. Ariel Ganezer, La Quinta
PUBLIC SPEAKER: Robert Lichter, La Quinta - introduced himself as the owner of
Citrus Plaza shopping center located at the northeast corner of Avenue 50 and
Jefferson Street and spoke about the expansion of Citrus Plaza shopping center.
Chairperson Caldwell noted for the record that emails were received from Dr.
Michael Pitt, Mr. Greg Lindsay, and Mr. Andrew Grant in opposition to the Project
and distributed to the Commission.
Chairperson Caldwell declared the PUBLIC HEARING CLOSED at 8:43 p.m.
Staff addressed the Commission's inquiries clarifying that the square footage of the
fueling center kiosk is 825 square feet; the La Quinta Municipal Code regulates
stacking requirements for drive through establishments; and restrictions on delivery
hours. Mr. Bever addressed the Commission's inquiry about grocery store delivery
hours; and the fuel station as an allowable use within the Project.
PLANNING COMMISSION MINUTES 6 DECEMBER 10, 2019
Staff noted that the project would be subject to the City's noise ordinance and
addressed Commission inquiries regarding parking requirements noting that the
Project meets the City's parking lot requirements; noted that Staff has not received
information that would require further analysis of the environmental document;
noted that the delivery hours would be limited to the hours of 7 a.m. to 10 p.m.;
site coverage floor area ratio coverage meets requirements; noted that a fuel
station has been an allowable use at the site since the adoption of the original
specific plan; that since the City's incorporation it has been commercially zoned;
clarified that two drive -through sites are included in the current site development
permit and other drive -through sites would come back before the Commission for
consideration which is addressed by a condition of approval; and clarified that noise
mitigation measures are in place for the Project; limited hours for operation of the
fueling station; and sign program.
Commission and Staff discussed conditions of approval to place sidewalk patterns
or paving to indicate delineation between automobile and pedestrian areas within
the Project; add more architectural depth and relief on the southside of the grocery
store building; security lighting along the back of the grocery store and addition of
a pergola along Derek Allen Drive similar to the design of the pergola to be located
near the fueling station along Avenue 50 but to scale.
Mr. Bever stated he agreed to the new conditions.
MOTION - A motion was made and seconded by Commissioners Bettencourt/Nieto
to approve Planning Commission Resolution 2019-013 recommending to the City
Council certification of a Mitigated Negative Declaration and Environmental
Assessment 2017-0006. AYES: Commissioners Bettencourt, McCune, Nieto, and
Chairperson Caldwell. NOES: Commissioners Currie and Proctor. ABSENT:
Commissioner Libolt Varner. ABSTAIN: None. Motion passed.
MOTION - A motion was made and seconded by Commissioners Bettencourt/Nieto
to approve Planning Commission Resolution 2019-014 recommending to the City
Council approval of Specific Plan 2017-0002 Amendment No. 2 to Specific Plan
1998-034, Tentative Parcel Map 2017-0003 and Site Development Permit 2017-
0009 subject to the findings and conditions as presented and with the addition of
the following Conditions of Approval:
• Add paving patterns to delineated between pedestrian and automobile areas;
• Add architectural relief and depth on the southside of the Pavilions grocery
store wrapping to the west side of the building and being consistent with
Retail Building No. 1; and
■ Landscape pergola to be placed along the northside of the building located
south of Derek Allen Drive similar to the pergola located along Avenue 50
PLANNING COMMISSION MINUTES 7 DECEMBER 10, 2019
• Add to Condition 75: Applicant is to ensure that any security lighting at the
back of grocery store is below 20 feet and not intrusive to the neighborhood
to the west of the project
AYES: Commissioners Bettencourt, McCune, Nieto, and Chairperson Caldwell.
NOES: Commissioners Currie and Proctor. ABSENT: Commissioner Libolt Varner.
ABSTAIN: None. Motion passed.
REPORTS AND INFORMATIONAL ITEMS - None
COMMISSIONERS' ITEMS
1. Chairperson Caldwell requested that the Planning Commission consider
amending the start time of the Planning Commission meetings to an earlier
time and the Commission concurred to agendize the item for a future
Commission meeting.
STAFF ITEMS -None
ADJOURNMENT
There being no further business, it was moved and seconded by Commissioners
Proctor/Bettencourt to adjourn this meeting at 9:36 p.m. Motion passed
unanimously.
Respectfully submitted,
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WANDA WISE-LATTA, Commission Secretary
City of La Quinta, California
PLANNING COMMISSION MINUTES 8 DECEMBER 10, 2019