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HomeMy WebLinkAbout2011-02-01 PC Regular Meeting Minutes MINUTES PALM DESERT PLANNING COMMISSION TUESDAY — FEBRUARY 1, 2011 I. CALL TO ORDER Chair Limont called the meeting to order at 6:00 p.m. II. ROLL CALL Members Present: Connor Limont, Chair Mari Schmidt, Vice Chair Nancy De Luna Van Tanner Members Absent: Sonia Campbell Staff Present: Dave Erwin, City Attorney Jill Tremblay, Assistant City Attorney Lauri Aylaian, Director of Community Development Kevin Swartz, Assistant Planner Christina Canales, Assistant Engineer Tony Becker, Administrative Secretary III. PLEDGE OF ALLEGIANCE Commissioner Schmidt led the pledge of allegiance. IV. SUMMARY OF COUNCIL ACTION Ms. Aylaian, Director of Community Development spoke about the Council actions since the last Planning Commission meeting. She informed the Commission that the City Council met on January 27, 2011 and approved the 60' mono-palm cell tower to be built at the Living Desert. She also stated that the City Council met in study sessions recently hosting interviews for candidates interested in filling posts that have expired on various commissions and committees. A decision on these interviews will be made at the next City Council meeting of February 10, 2011. MW MINUTES PALM DESERT PLANNING COMMISSION February 1 2011 V. ORAL COMMUNICATIONS aMfl Mr. Rudy Hererra of Family Development Inc, Rancho Mirage, CA spoke to the Planning Commission about his interest in Villa Portofino. His company is interested in purchasing a portion of Villa Portofino. He said he understands that there are issues that need to be corrected and feels that they can meet that challenge. He has met with Messrs. Tokheim and Robinson about the Development Agreement and all are on the same page as to the corrections that need to be made and the steps required to make them. Mr. Tom Tokheim, 38 Clancy Lane of Rancho Mirage, CA is one of the owners of another parcel at Villa Portofino. He stated that he and Mr. Robinson and other owners have met to discuss the needs of the adjacent properties. He also stated that they are trying to be proactive with regard to weed abatement on all properties to keep them up to acceptable standards. City Attorney, Dave Erwin stated that this would be a good time for the Chairperson to move this item from Miscellaneous on the agenda and take up the matter now. Commissioners Tanner and De Luna informed the Commission that they would have to recuse themselves from this matter due to conflicts of interest and exited the Council Chamber. Chair Limont noted that there was a lack of quorum, due to recusals by Commissioners Tanner and De Luna and an absence by Commissioner .rr Campbell and therefore would continue the matter to March 1, 2011. Mr. Erwin stated that anyone else wishing to speak on the matter may do so at this time with the understanding that no action would be taken tonight. Mr. Jerry Robinson, one of the other owners of the portions of Villa Portofino stated to the Commission that he is a champion of the current Development Agreement and hoped that the Commissioners understood that all of the requirements for regrading pad heights and other issues can best be managed with the current Development Agreement and not with another. Chair Limont spoke to the audience, who came in attendance to hear the matter of Villa Portofino, realizing that they have come a few times only to have the matter continued again. She strongly recommended that they contact Kevin Swartz, the staff `point-person' for this matter. Ms. Aylaian stated that Kevin Swartz is the person to contact in this matter. She also mentioned that due to lack of public hearing items, the next Planning Commission meeting would likely be March 1, 2011, provided there were enough public hearing items to place on the agenda at that time. 2 MINUTES PALM DESERT PLANNING COMMISSION February 1 2011 Vl. APPROVAL OF MINUTES taw Request for approval of the January 18, 2011 meeting minutes. Action: Commissioner De Luna moved and Commissioner Schmidt seconded the approval of the January 18, 2011 meeting minutes. Motion carried unanimously 4-0 (Commissioner Campbell ABSENT). VI1. CONSENT CALENDAR A. Case No. Case No. PMW 10-232, Donald J. Merlino, and Big Horn Homeowners Association, Applicants Approval of Parcel Map Waiver (PMW 10-232) to adjust the west parcel line of lot 20 of Tract No. 25296-3 to accommodate existing walls constructed at 607 Rocky Creek, Palm Desert, CA 92260 (APN 771-470-010). Action: Commissioner Tanner moved and Commissioner Schmidt seconded the motion to approve case the consent calendar by minute motion. Motion for approval carried 4-0 (Commissioner Campbell ABSENT). Vill. PUBLIC HEARINGS Chair Limont stated that anyone who challenges any hearing matter in court may be limited to raising only those issues he, she or someone else raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. A. Case No. ZOA/CUP 10-228, KKE Architects, Applicant. Recommendation to City Council for Approval of: • An Amendment to Resolution No. 91-5 removing Department of Community Development/Planning Condition Number 10 that the Waring Plaza Commercial Center shall not include a supermarket; and • A Zoning Ordinance Amendment to Chapter 25.30 of the Zoning Ordinance to allow supermarkets not exceeding 70,000 gross am 3 MINUTES PALM DESERT PLANNING COMMISSION February 1 2011 square feet as Conditional Uses In the Regional Commercial PC(3) Zone; and arr► • Exterior Modifications and a Tower Element (as provided for by PDMC 25.56.300) to increase the west tower element from 34 feet to 40 feet located at 72-280 Highway 111; and • Approval of a Mitigated Negative Declaration of Environmental Impact as it relates to the project, Pursuant to Section 15074 of the California Environmental Quality Act (CEQA). Assistant Planner, Kevin Swartz orally presented his staff report and PowerPoint presentation to the Planning Commission. The current restrictions on the PC 3(4) zone do not allow a grocery store larger than 50,000 square feet. There is an Albertsons located on Deep Canyon Drive that is zoned PC 2 and is 62,000 square feet. Vons is currently located at 72-675 Highway 111. The corporate office recently shut down their Rancho Mirage location at Highway 111 and Bob Hope Drive. They are looking to close the Palm Desert/Highway 111 location and relocate to a larger location where they may expand their product line to better compete with rival grocery stores. The building totals 70,638 square feet, but Vons would only use about .rwr 57,000 square feet. The rest of the building would be divided into three other spaces. The exterior modifications to the buildings include [in part] new sliding glass doors, new metal trellises and new windows. There would also be added stone veneer to the columns and a raised tower to a height of 40'. These modifications were approved by the Architectural Review Committee. The traffic analysis was reviewed by the City's Transportation Engineer. A noise impact analysis was performed and the findings reviewed by City staff. Staff added conditions of approval to mitigate the potential noise impact to the neighbors by extending the block wall at the loading dock to 24' in length and 8' in height to block the sound of the trucks. Conditions 24-31 were added to the list of conditions and have been reviewed by the applicant. The applicant would like to amend condition number 24, letter 'O' (page 10 of the resolution) to add an exception permitting trucks to stay overnight prior to the Thanksgiving and Christmas holidays. Staff recommends approval of the zoning ordinance amendment and is ready to answer any questions. ..r 4 MINUTES PALM DESERT PLANNING COMMISSION February 1, 2011 Commissioner Tanner began by asking about the existing block wall and how tall it is. Mr. Swartz stated that it is 6' high now. Commissioner Tanner asked if there had been any discussion about the possibility of enclosing the loading area completely. Mr. Swartz said that in the current set of conditions, Condition number 31 states [in part] that the applicant will be required to enclose the loading tunnel in the event that there are further noise issues raised by the neighbors. Commissioner De Luna asked about the frequency of trucks delivering to the grocery store, and would that number be significantly different from the number of trucks that delivered to Mervyns. Mr. Swartz deferred that answer to the applicant. He did state that he believes that the delivery trucks do not 'beep' when they back up to a loading dock. The refrigeration and the trucks are turned off during loading and unloading. Commissioner De Luna stated that upon personally viewing the loading dock area, she noticed that three of the adjacent neighbors are even closer than the others. With the frequency of the deliveries, have these neighbors been considered? Mr. Swartz stated that again he would defer to the applicant. Commissioner De Luna ended by speaking about traffic flow. She noticed that coming in and out of Fred Waring is a right turn only and that would cause a `traffic snarl' with the increase in traffic since Highway 111 and Fred Waring is quite busy. Commissioner Schmidt began her question by asking about if there were any other buildings in the City that are located in a PC 3 zone that a supermarket of this size could occupy. Mr. Swartz stated that Bristol Farms and Albertsons on Deep Canyon are close in size to this newly proposed Vons size, but that neither is 70,000 square feet. Hearing no other questions, Chair Limont declared the public hearing open. Mr. Brian Arial is the principal architect of KKE Architects, 8 Mills Place, Pasadena, CA who represents the project. Mr. Arial offered to answer any questions, and added that Mr. Brian Braaten from Vons and Mr. John Criste from Terra Nova are also present to answer any questions. Regarding the Commissioner's question about frequency of the trucks, Mr. Aria[ stated that only one grocery tuck comes once per day, seven days per week. There are usually three frozen trucks that come three times [variable] per week and one dairy truck three times per week. All trucks stagger their deliveries throughout the week to prevent backlogs at the loading dock. Smaller trucks from the chip and soda vendors do make infrequent deliveries, but they deliver to the front. 5 MINUTES PALM DESERT PLANNING COMMISSION February 1, 2011 Commissioner De Luna asked specifically about the trees around the building and how they block the taller tower and its signage. She wanted to ask the architect if they could instead make the roof line 'band' align with the column band, with more mass at the base, instead of cutting the band and making the column stand out even more. She wanted to see the base of the tower increased to be more `grand' without obstructing any pedestrian traffic. She also mentioned that she'd like to see the columns increase in size and possibly use more of the stone veneer. She likened them to appearing like a big "linebacker with skinny legs". With regards to the trees that are blocking views or signage, what will be done with those? Mr. Aria[ stated that there are a few palm trees that will be relocated. If there are any dead or dying trees, those will be replaced. Commissioner De Luna stated that she understood that, at the time of the original approval, the economic conditions, the time and the needs of the neighborhood were all very different. She wanted to impress upon the applicant that if this type of project is going to be undertaken, then the aesthetic modifications should make a statement and reflect this type of project. .■r Commissioner Schmidt asked about the other three spaces in the center that would be created and what did the applicant have in line for those spaces, if anything. Mr. Brian Braaten of Vons Corporation-Real Estate Division, 218 E. Newman Avenue, Arcadia, CA, answered by saying that they have been very active about courting various businesses to fill those locations (e.g. sporting goods, fitness centers). His goal is to bring new life to the shopping center and is pleased that this project will divide up the entire 80,000 square foot space into smaller segments to allow other interested tenants to fill a very large (and difficult) space. Commissioner Schmidt asked more specifically who might the other tenants be. Mr. Braaten indicated that they would be looking for dry-goods, non- food stores unless a cafe (like Starbucks) wanted to occupy the smallest of the three spaces created. Commissioner Schmidt clarified that the overall project would be 57,000 square feet for the grocery store, not the 70,000 that was being requested. Mr. Braaten said that a grocery store of today needs over 60,000 square feet in order to meet the needs and compete in today's market. He stated as an example ■■r 6 MINUTES PALM DESERT PLANNING COMMISSION February 1. 2011 that years ago, there was not any bottled water, and now there are nearly two aisles dedicated to water today. Commissioner Schmidt asked if that third space could be a restaurant if one chose to occupy that space. Mr. Braaten stated that was a possibility depending on the needs of the tenant. He also wanted to make an additional comment reminding the Commission that if the applicant had been anyone else but a grocery store, then they wouldn't be required to offer up the amenities and incentives that are being asked of Vons (loading dock, truck noise, outward aesthetics); and, that this can be a positive step to revitalize the shopping center and benefit everyone. Commissioner Schmidt stated she wasn't convinced that the wall would mitigate the noise and do anything other than make it harder to get the trucks in and out. But she did appreciate the fact that Mervyn's also had trucks come in there to deliver. She wanted to also state that she did not like the tower and that it would only detract and create an exception to a stead-fast rule held in Palm Desert. Mr. Braaten stated that he appreciated and understood the idea behind the rule about which Commissioner Schmidt spoke, but wanted to counter by saying something, from the standpoint of a retailer that just closed down stores in Rancho Mirage and Palm Springs and soon in Palm Desert: visibility is everything and these stores, in addition to being small, were not visible. He said it's difficult to have retail and then require the retailer to hide their brand name; that those opposing forces can lead to visibility problems and later, viability problems. Commissioner De Luna asked one final question about the loading dock bays. She said that she thought that the rubber gasket along the bays would further help keep the noise quiet and also protect the trucks. Mr. Braaten said that was indeed correct and the rubber also helps seal the bay and the truck against the elements (heat, cold) and keeps the food fresh while unloading. She asked how many feet from Highway 111 the tower is, approximately. Mr. Swartz said that it was nearly 400'. Commissioner Tanner posed the question about the number of signs that would be used. Mr. Braaten said that Vons would have two signs (one for each side of the store) and if there is a Starbucks or a Pharmacy, they too would have a sign next to VONS" but smaller, alerting the public that is what the store offered within. The other tenants would only have one sign each. Commissioner Tanner OW 7 MINUTES PALM DESERT PLANNING COMMISSION February 1 2011 mentioned this because he wasn't sure that would be allowed under the Palm Desert sign policy. Mr. Swartz spoke saying that this would require a sign program and go before the Architectural Review Committee. Mr. Arial wanted to clarify that Mervyn's had four loading docks and the Vons store would only utilize two. The other area would be used to create an enclosed trash enclosure. Commissioner Limont asked for anyone IN FAVOR to come and speak. Susan Hayes, 73050 Guadalupe Ave, Palm Desert approached the podium to speak in favor of the project. She has been an employee of Vons for nearly 29 years and she currently works at the Pavilion's store. She worked previously for the Rancho Las Palmas store in Rancho Mirage. She has experience with deliveries and stated that Vons' trucks don't 'beep' when they back in. She stated that she knows that the Palm Desert store is terribly undersized and very tight and isn't well seen behind the bank (Washington Mutual). She stated that she heard people saying that they didn't even know the store was there because it was hidden behind the bank. She also indicated that, to her knowledge, there weren't any complaints from the Rancho Las Palmas residents about noise of that store, which was located quite close to the residents there. She asked that the Commissioners vote favorably for this project. Ronald Groves of 72450 Cactus, Palm Desert approached the podium to speak about the project. He lives at one of the homes that is directly affected by the store and spoke favorably of the project. He asked that the Commission consider the noise from the garbage trucks and big rigs that deliver (he stated he drove one himself for over 30 years), but aside from that, he is in favor of the project. Chair Limont, hearing no other testimony declared the public hearing closed. Commissioner Tanner commented that our demographics have changed dramatically and the Coachella Valley sees more transient residents, but Palm Desert has seen more permanent residents and we must look out for them too. He sees that this could only be an improvement for Palm Desert and would like to see staff and residents and Vons come to an agreement to make this project happen, provided that all of the conditions discussed tonight are met. no 8 MINUTES PALM DESERT PLANNING COMMISSION February 1, 2011 Commissioner De Luna added that she ordinarily doesn't vote in favor of gratuitous height but sees the need for it in this instance. She also stated that she saw the wisdom that the 'founding fathers' had by not allowing a grocery store in that location, but she appreciates the fact that times and economics and even the very nature of that street corner has changed since the decision not to allow grocery stores was made, and this gives her way for reconsideration. By addressing the noise concerns and working with the neighbors, she will be in favor of this project. Commissioner Schmidt asked a question of the City Attorney, Dave Erwin, about the resolution, page 11. She wanted to know that in approving this resolution, are we, the City allowing stores to be built starting at the 70,000 square foot marker? Mr. Erwin stated that this is only increasing the square footage from 50,000 to 70,000 for supermarkets, as a maximum. Commissioner Schmidt understood and wanted to be certain her colleagues also understood the language as presented. Chair Limont commented on a few items mentioned tonight, namely traffic. She stated she is not in favor of the project as presented. She went to the location at various times of the day and noticed that there was always a lot of traffic in that area. She posited that the original Council that made the decision at the time did so because of traffic. And if there were traffic issues in 1990, then there certainly would be today. She said that she would love to see the shopping center reinvigorated, but didn't feel like this was the venue to do it. The item that bothered her the most was a letter that was sent from Vons to Mayor Finerty in August 2010. Commissioner Limont stated that certain inaccuracies within that letter caught her eye and stated that anyone who is willing to invest more than $12 million dollars should do their due diligence on the matter. Palm Desert prides itself on transparency and the mention of this "hidden requirement' for no grocery stores does not float with her. Palm Desert archives the minutes and the regulations and they are available to anyone. Chair Limont stated that within a few miles, she counts at least three different grocery brands and the claim that a grocery store is needed isn't accurate. Therefore, due to the above mentioned concerns, she will not be able to vote in favor of it. In response to a question from Commissioner Tanner, Ms. Aylaian clarified that this project will not go before Architectural Review again. The signage is separate and that will go back to the ARC. Commissioner Tanner amended his motion for approval to include that am 9 MINUTES PALM DESERT PLANNING COMMISSION February 1 2011 the sign conditions be met. Chair Limont seconded to bring the motion to a vote. Commissioner Schmidt asked about the square footage and how that would affect future resolutions to allow other businesses and groceries to open up to 70,000 square feet. She feels like this is a 'Pandora's box' and would just like to vote on Vons at that location. Commissioner De Luna asked how many sites are left in the City that are large enough to accommodate anything near 70,000 square feet. Mr. Swartz stated that in the PC 3 zone, there is nothing left that fits that criterion. Commissioner Schmidt asked why the amendment to the zone was written this way. Mr. Swartz stated that it was just written that way to allow for this improvement. But if the Commission wished, the language could read 60,000 square feet instead. Chair Limont stated that the Commission is to approve this or deny this as written, and she further stated that conditions can be inserted on approval. Mr. Erwin stated that tonight's function is to recommend or deny what is written before the Commission. If the Commission wishes to change a recommendation, then they are free to do that. The Commission is free to recommend a change in tower height or square footage, whatever they wish to present to the City Council. ..r Commissioner Schmidt asked if the recommendation could be site specific. Mr. Erwin said no, a change of zone is for the entire city. She asked her fellow commissioners if 60,000 was acceptable. Commissioner Tanner said that there was already a motion on the floor, but he'd be happy to change the motion if `60' was the consensus. He stated that he was ok with 70', but if '60' is what it will take to get this passed, he'd amend his original motion. Commissioners Tanner and De Luna both agreed that '60' is just fine. Commissioner Tanner amended his original motion to say, that along with all of the other conditions mentioned tonight, that the maximum allowable square footage would be 60,000 square feet for a grocery store. 10 MINUTES PALM DESERT PLANNING COMMISSION February 1, 2011 Action: "w Commissioner Tanner moved and Commissioner Limont seconded the motion to approve case ZOA/CUP 10-228 with conditions. The motion carried for approval 3-1 (Commissioner Limont voting NO, Commissioner Campbell ABSENT). Commissioner Tanner moved and Commissioner Schmidt seconded adopting Planning Commission Resolution No. 2543, recommending approval of ZOA/CUP 10-228 with conditions. Motion carried 3-1 (Commissioner Limont voting NO, Commissioner Campbell ABSENT). IX. MISCELLANEOUS A. Villa Portofino Discussion Discussion of terminating for cause a Senior Housing Development Agreement ("Development Agreement") with Royce International for the development of Villa Portofino due to default by the developer. Action: Due to lack of quorum, after abstentions by Commissioners De Luna and Tanner, Chair Limont continued the matter to the Planning Commission meeting of Marchl, 2011. B. Case No. CUP 10-413 West Coast Barber College A resolution of the Planning Commission of the City of Palm Desert, California, denying a Conditional Use Permit to allow the use of a Barber College at 74-350 Alessandro Drive, Suite A-1, located in the R-3(4) Zone, (Residential Multiple Family). Ms. Aylaian informed the Planning Commission that at the January 18, 2011 meeting, the Planning Commission directed staff to create a resolution of denial for this matter and that is what is before the Commission tonight. The public hearing has already been closed and does not need to be reopened for this matter. Action: Commissioner De Luna moved and Commissioner Tanner seconded approving the findings and recommendation for denial as present by staff. Motion carried 4-0 (Commissioner Campbell ABSENT). 11 MINUTES PALM DESERT PLANNING COMMISSION February 1, 2011 Commissioner De Luna moved and Commissioner Tanner seconded adopting Planning Commission Resolution No. 2544 denying Case No. CUP 10-413. Motion carried 4-0 (Commissioner Campbell ABSENT). X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell was absent. B. LANDSCAPE BEAUTIFICATION COMMITTEE Commissioner Limont stated that there had been no meeting. C. PARKS & RECREATION Commissioner Tanner also stated that there was no meeting. D. PROJECT AREA 4 COMMITTEE Commissioner Schmidt stated that the Country Club was sold for nearly $1.8 million. A report on the grounds stated that the grass was being watered and kept up. There were no action items, but another discussion item was about entrance/exits to the Albertson's Plaza at Avenue of the States. Commissioner Schmidt said that another item for discussion will be undergrounding, but that seems to be meeting resistances Chair Limont asked if they were planning on operating the golf course. Ms. Aylaian wasn't certain that it would be operated as a golf course or not, there was no indication. Commissioner Tanner asked if Woodhaven was part of Project Area 4 and discovered that it was. He said he heard that they were recently purchased by their own membership. And many of the Palm Desert Country Club residents play at this course. Commissioner Tanner asked if there were any bank representatives at the meeting. Commissioner Schmidt indicated that there were none. XI. COMMENTS NONE 12 MINUTES PALM DESERT PLANNING COMMISSION February 1, 2011 XII. ADJOURNMENT Commissioner De Luna moved and Commissioner Schmidt seconded the adjournment of the meeting by minute motion. The motion carried 4-0 (Commissioner Campbell ABSENT). The meeting was adjourned at 7:15 p.m. AURI AYLAIAN, Secretary TTEST: CONNOR LIMONT, Chair Palm Desert Planning Commission /tb 13