CONSENT CALENDAR ITEM NO. 1

PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 8, 2019

CALL TO ORDER

A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Vice Chairperson Proctor.

PRESENT: Commissioners Bettencourt, Currie, Libolt Varner, McCune, Nieto and Proctor

ABSENT: Chairperson Caldwell

STAFF PRESENT: City Attorney William Ihrke, Design and Development Director Danny Castro, Planning Manager Cheri L. Flores, City Engineer Bryan McKinney, City Clerk Monika Radeva, Commission Secretary Wanda Wise-Latta and Administrative Assistant Mirta Lerma

It was noted by staff that Chairperson Caldwell was absent and Vice Chairperson Proctor is serving as presiding officer of this meeting.

PLEDGE OF ALLEGIANCE

Commissioner Nieto led the Planning Commission in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None

CONFIRMATION OF AGENDA

Commissioner Libolt Varner said she will recuse herself from discussion and vote on Public Hearing Item No. 1 regarding the Pavilion Palms commercial project due to a potential conflict of interest stemming from a business relationship between her employer, MSA Consulting, and the project developer, Lundin Development Company.

Commissioner Bettencourt stated that his wife, who is affiliated with Bennion Deville Homes real estate company, has no business transactions pending within 500 feet of the proposed Pavilion Palms commercial project and said he has had no conversations with anyone regarding the proposed Pavilion Palms commercial project.

Commission Secretary noted Public Hearing No. 1 was continued from the June 26, 2018 Planning Commission meeting.

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Commissioner Nieto said that he was appointed to the Planning Commission on June 18, 2019 and thus did not participate in the previous two Planning Commission meetings regarding the proposed Pavilion Palms commercial project and did receive the agenda packets from the May 8 and June 26, 2018 public hearings, which he read and reviewed in preparation for this meeting.

Commission concurred and the agenda was confirmed.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATION - None

CONSENT CALENDAR

1. APPROVAL OF MINUTES DATED SEPTEMBER 24, 2019

MOTION – A motion was made and seconded by Commissioners Bettencourt/Currie to approve the Consent Calendar as submitted. AYES: Commissioners Bettencourt, Currie, Libolt Varner, McCune, Nieto, and Vice Chairperson Proctor. NOES: None. ABSENT: Chairperson Caldwell. ABSTAIN: None. Motion passed.

BUSINESS SESSION - None

STUDY SESSION – None

PUBLIC HEARING

DECLARATIONS REGARDING COMMISSION PUBLIC CONTACTS

COMMISSIONER LIBOLT VARNER RECUSED HERSELF FROM DISCUSSION AND VOTE ON PUBLIC HEARING ITEM NO. 1 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 6:07 P.M.

Commissioner Currie stated that on April 26, 2018 she and former Planning Commissioner Paul Quill met with Mr. Greg Bever to hear a presentation regarding the proposed project.

Commissioner Nieto reiterated that he did not participate in the previous public hearings regarding the Pavilion Palms commercial project as his appointment to the Planning Commission (Commission) occurred on June 18, 2019 and noted that he had reviewed the information provided to him pertaining to the proposed project.

No other public contact to report.

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1. CONTINUED FROM JUNE 26, 2018 - SPECIFIC PLAN 2017-0002, TENTATIVE PARCEL MAP 2017-0003, SITE DEVELOPMENT PERMIT 2017-0009 AND ENVIRONMENTAL ASSESSMENT 2017-0006 SUBMITTED BY LUNDIN DEVELOPMENT COMPANY PROPOSING A 125,000 SQUARE-FOOT SHOPPING CENTER WITH THREE DRIVE-THROUGH BUILDINGS AND A 63,000 SQUARE- FOOT SUPERMARKET WITH ASSOCIATED VEHICLE FUEL CENTER, AND A MITIGATED NEGATIVE DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. PROJECT: PAVILION PALMS SHOPPING CENTER. CEQA: ENVIRONMENTAL ASSESSMENT 2017-0006 WAS PREPARED FOR THIS PROJECT IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND IT WAS DETERMINED THAT ALTHOUGH THE PROPOSED PROJECT COULD HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT, THERE WILL NOT BE A SIGNIFICANT EFFECT BECAUSE MITIGATION MEASURES HAVE BEEN INCORPORATED INTO THE PROJECT. LOCATION: NORTHWEST CORNER OF AVENUE 50 AND JEFFERSON STREET.

Vice Chairperson Proctor explained the public hearing process.

City Clerk Monika Radeva stated that the item was heard by the Commission in May and June of 2018 as a public hearing and was continued, not to a date specific, to allow time for the applicant to revise their traffic study and include an analysis of other intersections in the area and is now ready for reconsideration. She said this public hearing had been advertised in accordance with state law.

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:

• Coachella Valley Water District well site and retention basin for the Renaissance development to the west of the proposed Pavilion Palm commercial project– staff provided information regarding use and access. • Expansion of the Citrus Plaza commercial center to the north of the Ralph’s grocery store - staff confirmed that the City of Indio has an application under review for the expansion which is proposed to include fueling station, small hotel and small retail shops. • Phasing plan for Pavilion Palms commercial project – staff said that a phasing plan was not available, but the applicant may be able to provide phasing information. • Economic feasibility study – staff stated it would be up to the applicant to provide such a study. • Landscape buffer and sidewalks adjacent to the project along Avenue 50 and Jefferson Street – staff noted that the City had installed the curb adjacent sidewalk along Jefferson Street as part of the City’s Capital Improvement Projects.

5 • Undergrounding of power poles – staff said power poles of a certain size can be undergrounded but noted that the poles at the site may be over 92 KV and may not be able to be undergrounded. • Signalization of Jefferson Street – staff noted that the traffic study determined that a signal was not necessary and there is no condition of approval for any type of signal and said that if there was an interest on the part of the Cities of La Quinta and Indio, they could discuss a possible signal and its location. • Possible California Environmental Qualtiy Act (CEQA) mitigation measures resulting from this hearing – City Attorney William Ihrke noted that the CEQA determination was based upon the project as it was defined and the CEQA analysis would be sufficient. • Further oversight by the Commission of drive through restaurants proposed for the project – staff stated that no tenants have been determined at this time; the traffic study would have analyzed a worst-case scenario related to the drive through locations; and if there is a mitigation measure limiting the hours of the drive through restaurants, 24-hour drive through restaurants would not be allowed. • Phasing of building construction – staff clarified that the Pavilions grocery store, fueling station and Retail 1 are before the Commission for approval and noted that per Site Development Permit 2017-0009 Condition of Approval No. 3, Building Nos. 1, 2, 3, 6, 8, and 9 will require, prior to construction, a site development permit be reviewed and approved at a Commission public hearing. • Traffic Studies – City Engineer McKinney explained that the first traffic study analyzed the adjacent intersection and interior circulation of the site and staff requested that they further analyze the impact of the project to adjacent intersections including Madison Street at Avenue 50, Jefferson Street at Avenues 48 and 52, and Washington Street at Avenue 50; and noted that no additional mitigations were required at those intersections due to the project. He said that the first traffic study anticipated a possible second left-turn lane from Avenue 50 to Jefferson Street and if it becomes necessary in the future, a bond would be required from the applicant.

Staff provided information found in the new traffic study that provided a summary of trip distribution for the proposed project.

Vice Chairperson Proctor declared the PUBLIC HEARING OPEN at 6:36 p.m.

PUBLIC SPEAKER: Greg Bever, Lundin Development Company, Rancho Mirage, CA – introduced himself and clarified that the applicant is asking the Commission to recommend approval of a modification to a pre-existing specific plan. He stated that improvements were made to the configuration of the project, parking, turning angles, addition of Pavilions grocery store, and access to the development from the community. He noted that based upon community concerns the access to Pavilion Palms commercial center from Derek Allen Drive was eliminated; modifications were made to the height of parking lot light standards to reduce the height from

6 40 feet to 30 feet and reduced the height of the light standards at the southwest corner of the site to 20 feet; eliminated the convenience store and replaced it with a 815 square-foot kiosk that would not allow the sale of beer, wine or alcoholic beverages; agreed to maintenance standards as well as Covenants, Conditions and Restrictions (CC&Rs) with the Renaissance and Palmilla homeowners associations; addressed concerns regarding maintenance condition of other shopping centers owned by the applicant in the Coachella Valley; heard concerns regarding the ability of the left turn lane from Avenue 50 to Jefferson Street to accommodate traffic and agreed with staff to bond for second left turn from Avenue 50 to Jefferson Street should staff feel it is necessary; modified entry into drive through location at the north end of the proposed project; and spoke about building construction phasing.

PUBLIC SPEAKER: Steve Cenicola, La Quinta, CA –inquired about when the fueling station was originally approved; noted that no other retail business has been identified by the applicant as being part of the Pavilion Palms commercial project; noted that the applicant reduced the light standard height from 40 feet to 30 feet, but would like to see the light standard height reduced to 20 feet so as to be no taller than the shortest part of the proposed buildings’ rooflines; fueling station kiosk was reduced from 3,000 square feet to 600 square feet in 2018, but is shown as 815 square feet in the staff report; fueling station kiosk hours of operation; and appreciated that no liquor, beer or wine would be sold at the kiosk. He expressed concern regarding drive through restaurant hours and the traffic study.

PUBLIC SPEAKER: Judith Young, La Quinta, CA – submitted a Public Speaker Form upon which she noted that she was undecided regarding the Pavilion Palms commercial project and requested to donate her allotted speaker time to Mr. Dick Mills.

PUBLIC SPEAKER: Dick Mills, La Quinta, CA – spoke in opposition to the Pavilion Palms commercial project due to the location of the proposed project; the fueling station; drive through businesses; and the project’s impact on quality of life.

PUBLIC SPEAKER: Yolanda Mills, La Quinta, CA – spoke in opposition to the Pavilion Palms commercial project due to the fueling station; drive through businesses; and traffic.

PUBLIC SPEAKER: Andrew Grant, La Quinta, CA – noted the proximity of the Pavilion Palms commercial project to his home and spoke in opposition to the project due to its impact on his quality of life; proximity to surrounding residential developments; commercial projects that did not come to fruition; commercial vacancies; location of project; and impact on property values.

PUBLIC SPEAKER: Ken Hulbert, La Quinta, CA – said he is the President of the Palmilla Homeowners Association and thanked the Commission and staff for allowing him to speak and for the assistance in viewing the information regarding the Pavilion Palms commercial project. He requested on behalf of Palmilla homeowners not in attendance that the Commission reconsider making any

7 decision regarding the Pavilion Palms commercial project as most of the Palmilla homeowners will not return until November. He spoke in opposition to the Pavilion Palms commercial project due to the modern architectural design; location; lack of leased spaces in proposed project; and appreciated the changes made by the applicant

PUBLIC SPEAKER: Jerry Cantarini, La Quinta, CA - said he would like the Commission to put off the vote on the proposed project until it is known what the proposed expansion of the Citrus Plaza commercial center located east of the Pavilion Palms commercial project site in the City of Indio will entail.

PUBLIC SPEAKER: Jim O’Brien, La Quinta, CA – spoke about the closure of Vons and Pavilion stores in the valley and asked the Commission to wait on their decision until it is known what the proposed expansion of the Citrus Plaza commercial center will entail and to wait for snowbirds to return.

PUBLIC SPEAKER: Dennis Burke, La Quinta, CA - submitted a Public Speaker Form opposed, but did not wish to speak.

PUBLIC SPEAKER: Mark Montgomery, La Quinta, CA – spoke in opposition to the project due to public safety concerns.

PUBLIC SPEAKER: Sandy Lox, La Quinta, CA - spoke in opposition to the Pavilion Palms commercial project due to traffic and safety concerns and the location of the proposed Pavilion Palms commercial project.

PUBLIC SPEAKER: Claire Bruno, La Quinta, CA – spoke in opposition to the Pavilion Palms commercial project due to fueling station; light standard height; location; and empty commercial sites within the city.

PUBLIC SPEAKER: Kathy Cole, La Quinta, CA - spoke in opposition to the Pavilion Palms commercial project due to the location and commercial vacancies in La Quinta; and noted corrections to Attachment No. 1 of the staff report.

PUBLIC SPEAKER: Robert Lichter, La Quinta, CA - said he was neither for or against the Pavilion Palms commercial project; stated he owns Citrus Plaza shopping center to the east of the proposed Pavilion Palms commercial project; and shared information regarding the expansion of the Citrus Plaza which he said will include a fueling station.

PUBLIC SPEAKER: Leila Namvar, La Quinta, CA - spoke in opposition to the proposed Pavilion Palms commercial project due to conflicts with the City of La Quinta’s General Plan; fueling station as a permitted use; lack of a feasibility study by the applicant for the fueling station; date of preparation of Initial Study used; CC&R’s; condition of other shopping centers owned by the applicant; and traffic study.

8 PUBLIC SPEAKER: Philip West, La Quinta, CA - submitted a Public Speaker Form opposed to the Pavilion Palms commercial project but did not wish to speak. He included a document that lists restaurants, fast food establishments, coffee shops, gas stations and grocery stores with 1.5 miles of Ave 50 and Jefferson not including Citrus Plaza and the number of vacancies in the Village/Old Town area.

PUBLIC SPEAKER: Greg Bever, Lundin Development Company, Rancho Mirage, CA – confirmed lease with Pavilions; addressed height, line of site and spillover lighting of light standards; addressed concerns about the traffic study; and noted that their traffic engineer/consultant was available to answer questions from the Commission.

PUBLIC SPEAKER: Herb Lundin, Lundin Development Company, Huntington Beach, CA – introduced himself and provided history and additional information about the proposed Pavilion Palms commercial project.

The applicant responded to Commissioner Bettencourt’s inquiry confirming that the applicant accepted the Conditions of Approval as presented in the staff report including that the applicant will enter into a maintenance agreement with the Renaissance and Palmilla Homeowners Associations as long as the conditions are reasonable and do not exceed conditions that apply to other projects in the city.

Commissioner McCune inquired if the use of 116 Washingtonian hybrid palms would meet the parking lot shade requirements; and commented on the photo metrics of the light fixtures.

The applicant responded to Commissioner Currie’s inquiry about currently leased retail square footage space and phasing plan stating that the Pavilions market space and the fueling station are leased and represent approximately 50 percent of the total retail square footage. He stated their phasing plan would be to build the Pavilions fueling station and shops in the Retail 1 area first along with all the infrastructure, all the parking lots, storm water systems, curbs, gutters, landscape medians along Avenue 50 and Jefferson Street. The applicant noted that the pad buildings will be developed based on market conditions and that Pavilions would like to open in the first quarter of 2021.

Vice Chairperson Proctor declared the PUBLIC HEARING CLOSED at 7:37 p.m.

City Attorney Ihrke advised the Commission given that two Commissioners are not participating, pursuant to state law, and because there is a specific plan attached to this case, four votes of the current members on the dais are required to recommend approval for the entitlements to go forward.

Commissioner Bettencourt stated that he is inclined to endorse the plan and recommend to the City Council approval of the Pavilion Palms commercial project as the applicant has substantial requirements imposed upon the project and responded to many of the concerns from residents.

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Commissioner McCune noted that the retention basin provides a buffer between the Renaissance development and the commercial development; Avenue 50 provides a buffer to the Palmilla development; noted that nowhere in the information provided are the drive through locations designated as fast food drive through restaurants; would like to see more outside café seating; retailtainment and places to visit; and inclusion of art in public places.

Commissioner Nieto recognized the effort the applicant put into the proposed project; and expressed concerns about the scale and square footage of the proposed project with no real phasing plan; proximity to residential development; a plan which appears to be auto-driven given the drive through locations and fuel station; driveways that are aligned so as to not identify a main entrance; and truck routes within the commercial center. He stated he would like to see more attention to open spaces, plazas, shaded walkways, and seating to make it a more community-oriented and pedestrian-friendly center.

Commissioner Currie shared concerns regarding an architectural design that is not compatible or harmonious with the adjacent surroundings; a gas station structure that is box-like and an abrupt change in scale compared to the surrounding areas; the Pavilions grocery store has a roof projection that is 42 feet high which is well- above the height of surrounding residential developments; shared concerns about density of the project given the number of separate structures and drive-through locations; the stacking of vehicles on premises at the drive through locations; traffic; noise; egress and ingress to and from the project; lack of shade trees or shade structures; no allowance for benches, fountains, patios, plazas, lack of roadway surfaces textures at the center’s entrances. She noted that there appears to be little focus on walkability and/or reducing heat from the parking lot pavement and was concerned that the project is a large-scale infill project with no phasing plan and being built in multiple steps.

Vice Chairperson Proctor spoke about the visioning for the Highway 111 Corridor due to the current state of commercial areas along Highway 111 which includes vacant shops, storefronts, and restaurants; vast amounts of asphalt parking; acres of parking lot light standards all of which are not what the hopes and wishes for what we want La Quinta to look like. He noted that his impression of the Pavilion Palms commercial project in its present form drags the current state of deterioration along Highway 111 and down Jefferson Street to the corner of this site. He feels the project has certain merit but needs to be reconfigured and mirrored comments made by Commissioners to be more consistent with a neighborhood setting and function as a more suitable gateway to not only the expansions at PGA West and the SilverRock Resort.

MOTION – A motion was made and seconded by Commissioners Bettencourt/Nieto to reopen the Public Hearing and continue Specific Plan 2017-0002, Amendment No. 2 to Specific Plan 1998-034; Site Development Permit 2017-0009; Tentative Parcel Map 2017-0009 (TPM 37370) and certification of Environmental Assessment

10 2017-0006 to the December 10, 2019 Planning Commission meeting. AYES: Commissioners Bettencourt, Currie, McCune, Nieto, and Vice Chairperson Proctor. NOES: None. ABSENT: Commissioners Libolt Varner and Chairperson Caldwell. ABSTAIN: None. Motion passed.

COMMISSIONER LIBOLT VARNER RETURNED TO THE DAIS AT 8:04 P.M.

REPORTS AND INFORMATIONAL ITEMS

Planning Manager Flores provided information about a Planning Commissioners’ Workshop presented by the American Planning Association California Chapter Inland Empire Section on Thursday, November 7, 2019 in Fontana, California.

COMMISSIONERS’ ITEMS - None

STAFF ITEMS -None

ADJOURNMENT

There being no further business, it was moved and seconded by Commissioners Bettencourt/Currie to adjourn this meeting at 8:08 p.m. Motion passed unanimously.

Respectfully submitted,

WANDA WISE-LATTA, Commission Secretary City of La Quinta, California

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