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2000 05 23 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA May 23, 2000 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 P.M. by Chairman Kirk who asked Commissioner Abels to lead the flag salute. B. Present: Commissioners Jacques Abels, Richard Butler, Robert Tyler, Steve Robbins, and Chairman Kirk. C. Staff present: City Attorney Dawn Honeywell, Planning Manager Christine di Iorio, Senior Engineer Steve' Speer, Principal Planner Stan Sawa, Planning Consultant Nicole Criste, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Kirk asked if there were any corrections to the Minutes of May 9, 2000. Commissioner Tyler asked that Page 6, Item//1 be amended to delete the word "continued" i'n the fourth line; Page 6, Item//7, change to read: "Commissioner Tyler stated that the other half of Aliso Del Rey tract to the north, has lots that run north and south, and asked why the lots in this tract are running east and west .instead. Also, 'why don't the streets of this tract connect with the project to the north?"; Page 7, Item //10, be amended to read: "Commissioner Tyler stated that Century- Crowell has always stated that they knew the potential of Aliso Del Rey II becoming a reality. This Commission has previously heard open discussion that this was likely to happen. In public testimony concerning Aliso Del Rey I, and also at subsequent public hearings regarding the Eucalyptus trees along the northern boundary of that tract, there was public comment given regarding a concern for heavy traffic on Dune Palms Road because of the schools, and a need expressed to have a second access onto Westward Ho Drive. Looking at this tract layout, it is probably the worst example of a tract layout he has seen while serving C:~Iy Documents\WPDOCS\pc5-23-20.wpd ~ Planning Commission Meeting May 23, 2000 - on this Commission - especially since both tracts involved are being done concurrently by the same developer. For example, Lots 1 2, 18, and 24 each abut four lots across their northern lot line and Lots 1 3, 1 9 and 25 each abut three lots across their northern lot line. This violates common sense and good planning practice, and he cannot understand why the Commission is even considering it. Knowing that Aliso Del Rey II was likely to happen, it should have been integrated into the overall design of Aliso Del Rey from the very beginning. This is a high visibility project, right across from La Quinta High School and will only add to existing traffic problems. He has a problem supporting this project."; Page 8, Item #!4, add the word private at the end of the first line; Page 8, Item #15, delete the fourth word "the". There being no further changes, it was moved and seconded by Commissioners Abels/Robbins to approve the minutes as amended. Unanimously approved. B. Department Report: None. V. PUBLIC HEARINGS: A. Tentative Tract Map 28409, Fxtension #2; a request of Charles B. Murphy and Lynn R. Kunkle for a recommendation of approval of a second one year time extension for a previously approved subdivision of 9.15 acres into 19 custom single family and other common or private street lots. 1. Chairman Kirk opened the public hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if this was the last extension. Staff stated they had one more. Commissioner Tyler asked why Condition #40 had been lined out. Staff stated that it was a recommendation of the Public Works Department. Staff proceeded to go over the changes to the Conditions of Approval. 3. There being no further questions of staff, Chairman Kirk asked if anyone would like to address the Commission on this project. 4. There being no public comment, Chairman Kirk closed the public participation portion of the hearing and opened it for Commission discussion. C:LMy Documents\WPDOCS\pc5-23-20.wpd 2 Planning Commission Meeting May 23, 2000 5. Commissioner Tyler noted the condition of the deteriorated sign on the project site and asked that it be replaced with a new one. 6. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-030 recommending to the City Council approval of Tentative Tract Map 28409 Extension//2 as submitted. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. Commissioner Butler excused himself from the meeting due to a possible conflict of interest and left the dias. B. Site Development Permit 99-648 Amendment//1; a request of CenturY- Crowell Communities for approval of a new 'two-story prototype residence for use in Tract 27529-Aliso Del Rey located on the west side of Dune Palms Road south of Desert Stream Drive. 1. Chairman Kirk opened the Public Hearing and asked for the staff report. Principal Planner Stan Sawa presented the information contained in the staff report, a copy of which is on file.in the Community Development Department. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler asked if it would be appropriate to add a condition that would prohibit the bonus room from being built. Staff stated it could be added. 3. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Ms. Marty Butler representing Century-Crowell Communities, stated she concurred with staff's recommendation. 4. There being no questions of the applicant, Chairman Kirk asked if there was any other public comment. Mr. Jim Brenneis, 79-365 Desert Stream Drive, asked staff to verify the level of the pads as -- he thought they would be lower than where they are currently ~ graded to. They appear to be three feet higher than he thought. In regard to the two-story homes, he asked for verification as to where they would be located. C:~My Documents\WPDOCS\pc5-23-20.wpd 3 Planning Commission Meeting May 23, 2000 - 5. Mr. Gordon West, 79-285 Desert Stream, stated he was told the grade for this development would be lower than their homes and now the dirt is piled up higher than their grade level. If this is to be the pad elevation the existing homes will not be able to see the mountains as the homes are larger than what was originally proposed for this tract. This tract was approved for one story homes and now this is the third or fourth time Century-Crowell have come back requesting changes. They are tired of having to continually 'attend meetings to defend themselves against Century's request. 6. Mr. Sean Huber, 79-37§ Desert Stream 'Drive, stated he has been before the Commission on numerous times regarding this project objecting to numerous items. Each time they were assured there would be no more .than a three foot variation lower than there homes and they would be single story homes to not disturb their views. He also agreed with what had been previously stated. At what poir~t is it enough and the City can require them to stick to their plans. 7. Mr. Tom Mulkahey, 79-350 Desert Rock Court, stated they had been through the same issue when Century built behind the original Topez tract and they ended up with a two foot addition on top of their wall because no one caught the elevation change. No one was responsible for this mistake and now he looks at this wall and his neighbor looks down into his yard. Another issue he brought up to the City Council is one exit/entrance which is gated. He was told there would be another exit/entrance on the Westward Ho Drive side and now he is hearing they are going to build cul-de-sacs. This means the second exit/entrance will not be built. He reviewed the Environmental Impact Report and there is no consideration given to the 'fact that two schools are being constructed on Dune Palms Road. The faculty parking and student drop off is located on Dune Palms Road. All these issues add to the traffic and congestion and should have been taken care of. We live here and Century does not. 8. Chairman Kirk asked staff to address some of the concerns raised. Staff displayed the map and showed where the two story homes had been plotted. 9. Commissioner Tyler asked if the applicant was legally bound to follow the map. Staff stated they would have to come back and ask for the change before they could make any changes. C:\My Documents\WPDOCS\pc5-23-20.wpd 4 Planning Commission Meeting May 23, 2000 10. Senior Engineer Steve Speer went over the map approval process in regard to grading/elevations to assure the tract map is graded as approved. Chairman Kirk asked if staff would notify those who spoke in regard to verifying the pad elevations. 11. 'Commissioner TYler asked if.the applicant was requesting the loft option for use in Aliso Del Rey II. Ms. Marty Butler, representing Century-Crowell Communities, stated that would be their intent, but they are only responding to the market demand for larger homes. 12. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened it for Commission discussion. · 13. Commissioner Robbins stated he understands the existing homeowners' concerns as they have gone through the approval process and thought they had an acceptable project and now it has come back for a change. He asked if the two story units that actually back up to .the existing units could be changed to one story units so the two story units would have no impact on the existing homes. The applicant concurred with the suggestion. 14. There being no further discussion, it was moved and seconded by Commissioners Robbins/Abels to adopt Planning Commission Resolution 2000-031 recommending approval of Site Development Permit 99-648, Amendment #1, subject to the Findings and Conditions of Approval as amended. a. Condition #3: A bonus room option in the garage shall not be allowed. b. Condition #4: Two story houses shall not be constructed adjacent to the existing subdivision to the north. c. Condition #7: No bonus roOms on two story units. ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. C:\My Documents\WPDOCS\pc5-23-20.wpd 5 Planning Commission Meeting May 23, 2000 - C. Tentative Tract Map 29568 and Site Development Permit 2000-670; a request of Century-Crowell Communities for recommendation of an approval to subdivide 8.48 acres into two multi-family lots and four lettered lots, and approval to construct three prototype residential plans rangin§ in size from 1,803 to 2,400 square feet within Specific Plan 83- 001, located south of 50th Avenue, west of Washington Street, at the southern terminus of Avenida Los Verdes, within Duna La Quinta. 1. Chairman Kirk opened the Public Hearing and asked for the staff report. Planning Manger Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff noted a condition that was added by Public Works. Senior Engineer Steve Speer explained the condition was to require the applicant to dedicate Lot "D" on Parcel Map 19730 for use as Washington Street right-of-Way. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Abels asked staff to identify what channel was referred to on the plans. Staff stated the channel is the golf course fairway. Commissioner Abels asked staff to confirm there will be a pool at the end of Lot 20. Staff stated that was true. 3. Commissioner Robbins asked about the keystone retaining wall .system. Staff stated the retaining wall system would be used from WashingtOn Street adjacent to the apartment complex, continuing around and adjacent to the City-owned retention basin, and runs the entire length of the south side of the tract and is not on the storm water, or north side. The HOA will be responsible for maintaining it. 4. Commissioner Tyler asked how the emergency access gate would operate. Staff stated the grade elevation exists and the developer will have to match the elevation of the flood control dike and the elevation of the street. 5. There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Ms. Margo Williams, Mainiero Smith, engineers representing Century-Crowell Communities, stated she concurred with staff's recommendations. On Page 2 of the staff report, there needs to be a clarification that there are 22 units for a total of 40 units. With respect to C:LMy Documents\WPDOCS\pc5-23-20.wpd 6 Planning Commission Meeting May 23, 2000 Condition #33 regarding the elevations, they are constrained by the dike and will minimize the impact of the eleVation differential with landscaping. 6. Commissioner Tyler asked for clarification on the number of units to be constructed. Ms. Williams stated there should be a total of 40 units. Staff recommended the deletion of Conditions #25 and #33 as they do not apply to this tract. Ms. Williams asked about Condition #62 being deleted. 7. There being no further questions of the applicant, Chairman Kirk asked if there was any other public comment. 8. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened it for Commission discussion. 9. There being no further discussion, it was moved and seconded by Commissioners Abels/Tyler to adopt Planning Commission Resolution 2000-032 recommending to the City Council approval of Tentative Tract Map 29586, as amended: a. Condition #1: remove the word "conditional". b. Condition #9.A.1.: Applicant shall dedicate Lot "D" on Parcel Map 19730 for use as Washington Street right-of- way c. Condition #9.C.: reword regarding 'the cul-de-sac bulb d. Condition #25: delete e. Condition #33: delete f. Condition #51 .B. 1 .: reword regarding the cul-de-sac bulb g. Condition #60: delete, "and turning movements of traffic" ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. 10. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2000-033 recommending approval 'of Site Development Permit 2000-670, subject to the Findings and Conditions of Approval as submitted. ROLL CALL: AYES: Commissioners Abels, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: Commissioner Butler. ABSTAIN: None. Planning Commission Meeting May 23, 2000 - Chairman Kirk recessed the meeting at 7:53 p.m. and reconvened at 8:00 p.m. Commissioner Butler rejoined the meeting. D. Environmental Assessment 2000-394. Specific Plan 2000-042. and Conditional Use Permit .9000-048; a request of the La Ouinta Arts Foundation for a recommendation to certify a Mitigated Negative Declaration of Environmental Impact, approval of design guidelines and development standards to guide future development, and allow a visual performin§ arts education facility. 1. Chairman Kirk opened the Public Hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Planning Consultant Nicole Criste informed the Commission of the proposed changes to the Specific Plan Conditions of Approval: Condition #57 be modified to read, "On Sundays and Holidays, the weekday hours of operation shall apply. For the five major events on the Festival grounds annually, breakdown shall be allowed until 10:00 p.m." Condition #67 modified to read, "Alternatively 100 parallel parking spaces may be provided along the rear access road by widening the road to a 36-foot width minimum." Condition #68 be amended to delete the words "Site Development Permit" and "Grading" used instead. 2. Chairman Kirk asked if there were any questions of staff. Commissioner Tyler questioned Condition #54.B. as to whether or not it included the berming. Staff stated it did. 3. Commissioner Robbins asked if the proposed parking lots would be paved. Staff stated the general parking and artists parking lots ar~J decomposed granite (DG). Only the VIP parking and driveways are paved. The others serve as retention basins and are proposed in the Specific Plan as DG. 4. Commissioner Butler asked if DG complies with the PM l0 requirements. Staff stated it is clarified in the Specific Plan as to how it will be maintained to meet the PM l0 requirements. 5. Commissioner Abels asked what the circulation plan was to get into the Festival groundS. Planning Consultant Nicole Criste explained the circulation plan on the exhibit. The adjoining gates would be used for unloading. C:\My Documents\WPDOCS\pc5-23-20.wpd 8 Planning Commission Meeting May 23, 2000 6. Commissioner Robbins asked why a temporary turnaround was indicated on the Conceptual Site Plan, but is not shown on the landscaping plan. 7. Chairman Kirk commended staff on the staff report. He questioned the parking and circulation plan contained in the Specific Plan. He noted the guests and artists parking are addressed, and asked if the employees, or volunteers were included in the parking calculations. Staff stated they were included in the count. 8. . There being no further questions of staff, Chairman Kirk asked if the applicant would like to address the Commission. Ms. Kay Wolff, President of the Board of Directors for the Arts Foundation, asked if Father Barker could speak first. Father Jack Barker, St. Francis of Assisi Church, stated that on behalf of the 8,000 members of his church, they are delighted to have the Arts Foundation as their potential neighbors. They have been looking for years to have a good neighbor and are happy to have them as it will help their parking problems. In terms of the development of the City, he would like to remind everyone that we have a vision of the cultural environment for this City that are contained in the City documents. As a spiritual leader in the City he has a concern for the quality of life in our community. If we only built houses, gas stations, and banks it will be boring. We have to build those things that will sustain the spiritual, educational, and artistic inner person. Obviously there are many details that need to be worked out as he would not want a concert at 1:00 a.m. in the morning either. Ms. Kay Wolff thanked staff for their time studying their project and their help preparing the necessary documents. She asked the Board Members, employees and scholarship recipients to indicate their presence in support of the project. She went on to give the history and mission of Foundation. 9. Ms. Susan Francis, Executive Director, stated she was representing the Board Members, employees, volunteers and students served by the Foundation. She went on to state how they have outgrown their Festival and office facilities. They have tried to keep the Church informed as well as holding meetings throughout the Valley to keep people informed of their progress. Through these meetings, changes were made to the site plan to address the concerns of the neighbors. The Foundation's programs and services are good for the community and she went on to describe those programs and services. Ms. Francis introduced Mike Smith and Steve Soboda, Warner Engineering, C:\My Documents\WPDOCS\pc5-23-20.wpd 9 Planning Commission Meeting May 23, 2000 engineers for the project, Frank Delany, attorney for the Arts Foundation, Ron Gregory, landscape architect, and Eldon Lee with Korve Engineering. 10. Mr. Frank Delany, attorney for the applicant, stated they have reviewed the staff report and generally agree with most of the Conditions as recommended. Condition #62 by reason of changes to Condition #54, is now acceptable. The changes made by staff regarding the hours of operation, are acceptable with one modification; the exception for major events, which would not be subject to the time limitations as required by the Zoning Code. They would request this apply to the five major events on Page 3, as well as the five medium events, for a total of 10 events. Condition #64, they are requesting the Specific Plan be modified to permit them to use either DG, or grassed turf depending on their choice. Condition #68 is acceptable. Condition #67, with the clarification made by staff, adding the additional 100 spaces by widening the access, they believe this Condition can be deleted. Condition #27, in regard to the retention basin, needs to be clarified. As the Commission knows, the retention basins were designed so the parking lots would not be visible from the street. This condition requires them to be visible and they believe this is inappropriate and ask that it be deleted. Condition #34 in regard to providing a ten foot sidewalk; they would request this condition be modified to require them to provide a six foot wide meandering sidewalk. The opportunity for a bike path to the south is eliminated because of the residential development, Laguna de la Paz, and to the north because of the church. 11. Ms. Nicole Criste responded in regard to Condition #67 by stating staff would disagree with the applicant's request because the condition now provides alternatives either in redesign of the parking lots to provide additional parking spaces, or in parallel parking along the rear driveway by increasing the width of the road. Staff would still support the condition as amended. 12. Senior Engineer Steve Speer stated that in regard to the applicant's request for a six foot meandering sidewalk, staff Would request that it be 8-feet, which would be a change to Condition #34. In regard to Condition #27, it is staff's decision they remain in place. Even though they may be redundant, they do serve a purpose. Commissioner Robbins questioned whether or not the upper retention basin would meet the criteria. C :~My Documents\WPDOCS\pc5-23-20.wpd 1 0 Planning Commission Meeting May 23, 2000 1 3. There being.no questions of the applicant, Chairman Kirk asked if there was any other public comment. 14. Mr. Robert Ready, 48-241 Calle Floristas, submitted a letter of opposition and a petition containing 200 signatures objecting to · the Foundation's use of the property. The Commission is aware of the findings required to approve the applications. The applicant intends to use the property as its corporate headquarters as shown by the applications and signs that have been on the property for more than a year. Such a use is not consistent with General Plan or Zoning Code. The application does not comply with CEQA. The informational requirements of CEQA have not been met. For example, alternative sites have not even been mentioned, even though there are numerous such sites in the City. A full EIR should be prepared. The project is inconsistent with the surrounding already developed neighborhoods. The proposed use is commercial with a massive infrastructure, including an enormous parking lot consisting of 1624 parking spaces. The Festival grounds' provide for 380 sales display pads. In short, what we have is the imposition of a tent city, a parking lot as large as WalMart, and commercial structures all used for commercial activity placed on Low Density Residential land. Surely, this commercial use is not compatible with the existing quiet residential neighborhoods of Laguna de la Paz and Lake La Quinta. The Specific Plan does not rise to even the minimum thresholds of matters to be included in the plan. It does not provide the text or diagrams which specify in detail the description, location and extent of the uses of the land within the area covered by the Plan. This Plan represents the applicant's wish list. Among other deficiencies, the applicant has not provided for sufficient parking for the level of activity anticipated. The applicant has stated they have a reciprocal agreement with St. Francis of Assissi Church for shared parking. However, if this were to occur, the Church would be in violation of its own current use permits which would render them subject to revocation. He cannot believe this is the intention of the religious authorities at St. Francis of Assisi. The Specific Plan required findings cannot be met for the very reasons that the Conditional Use Permit findings cannot be met. The predominate use in the area provide the yardstick for determining compatibility with neighboring uses. The applicant's property is a tiny island in the midst of a sea of Low Density Residential property and its C:\My Documents\WPDOCS\pc5-23-20.wpd 1 1 Planning Commission Meeting May 23, 2000 commercial uses are not compatible with the neighborhood, nor is the property suitable for commercial activities. They are entitled to a fair hearing and expect that the evidence presented Will be impartially reviewed and an equitable decision rendered by this tribunal. As the Commission is aware, any violation of the Zoning Code is a public nuisance and must be taken into. consideration in their deliberations. The nuisances that the applicant's uses represent are fully covered in his written submittal. 1 5. Ms. Helen Reddy, 48-241 Calle Floristas, stated a transaction is classified as commercial based on the nature of the conduct in light of the totality of the surrounding circumstances. The exchange of money for services, even by a nonprofit organization is quintessential commercial transaction.. The interpretation that the applicant's proposed cOmmercial operation is permissible under Table 9-1 Museum or Gallery Use, means that commercial operations on the scale proposed are permissible in residential areas. This is obviously inconsistent with' and violates the General Plan. A Zoning Ordinance that is not consistent with the General Plan is invalid when it is originally passed. A cursory review of the applicant's submittal and staff's recommended Conditions of Approval will show that the project is consistent neither with the General Plan, nor Zoning Code. The Commission should not recommend approval of the Conditional Use Permit for the proPosed uses on Low Density Residential land which abuts an already developed residential community. This project should be placed in the Village. As the City Attorney stated to her and her husband, at a meeting on April 1 2th, attended by Mr. Herman, unless a Conditional Use Permit is approved, there is no need to even consider the question of a Specific Plan. The Commission should not do that here at this meeting. However, one comment is required on staff's Conditions of Approval, Condition//54. This is a blatant attempt at rezoning under the guise of Conditions of Approval for a Specific Plan. This is spot zoning at its worse. 1 6. Ms. Barbara Barba, 48,806 Andorra Street, Indio, stated she was in support of the proposed project and an active member of the Arts Foundation and went on to explain how she has been involved in the Foundation's programs. Cultural needs will only continue if the building plans are approved. The La Quinta Arts Festival brings revenue to the City. Those who disagree with this building plan should read the permitted uses for this particular area established ten years before the residential area to the south was even proposed. She then read the uses listed on Table 4-1 C :LMy Documents\WPDOCS\pc5-23-20.wpd 12 Planning Commission Meeting May 23, 2000 Permitted Uses for the project site. If she were a resident to the south,' she would rather have the Arts Foundation than some of the uses listed on the permitted list. 1 7. Ms. April Newberry, 48-103 Vista Cielo, stated she was a resident of Laguna de'la Paz and when they bought their property they were told this site was, and still is zoned for Low Density Residential housing. Any commercial development of this land is not consistent with the General Plan and Zoning Code. They are against the proposed commercial development by the Arts Foundation as it would have a severe detrimental effect to their residential development and quality of life at Laguna de Ia Paz. 1'8. Mr. Christine Curry, 48-131 Vista Cielo, stated she was in support of the ArtS Foundation. This project will be a major asset to the City. Its programs reach out to all ages and interests. It is a model studied by other communities. It sponsors one of the highest ranked art Festivals in the country. 1 9. Mr. Carl Soderberg, 48-509 Via Encanto, stated he moved to La Quinta a year and a half ago to enjoy a quiet life span. He has nothing against the Art Foundation, but they have many other choices for a lOcation and if you look up and down Washington Street and see the traffic, like they do, you will see there is too much going on. The 'Foundation has to look at other choices and do their job. 20. Mr. Richard Ainsworth, 73-043 Somera, Palm Desert, stated the. Arts FoundatiOn has long supported his effort to pursue a career in graphic design through scholarships. He knows the Foundation is a vital part of the community and the schools by promoting education in the arts which is sometimes overlooked. He thinks it is great that they are trying to expand their facilities to further promote their programs. 21. Mr. Richard Mayer, 48-118 Vista Cielo, stated he is speaking in opposition to the project, but is an enthusiast for the Arts Foundation. His concern is the traffic that will be cjenerated. The staff report states Washington Street is three lanes in each direction, but in reality is only two lanes. The staff reports also states that the exits from the parking areas are limited. The only way out of the site is to go south down Washington Street. Then if you want to go east, you will have to get into the left turn C :~VIy Documcnts\WPDOCS\pc5-23-20.wpd ! 3 Planning Commission Meeting May 23, 2000 pocket and compete with the U-turn. To him this is not ri§ht. His bi0[lest problem is the traffic it will brin§. The Foundation has a tremendous idea; it is just in the wrong location. 22. Ms. Kathryn Hull, 77-2150 Calle Chillon, stated this is an exciting concept and she sees nothing wrong with a commercial project on a commercial street as Washington Street which makes it easy to get in and out. Three years ago the City held workshops to identify what was needed in the City and a cultural/performing facility was needed. It is not just one group that needs this type of facility, but the entire Valley. It would be a great gateway opening to the City and would make a statement that this City believes in more than businesses and buildings, it believes in a wonderfully balanced, cultural developed life for its citizens. · 23. Mr. Larry Newberry, 48-103 Vista Cielo, stated that as a homeowner within 500 feet of the proposed project, he rises in opposition, based on the fact that even though the La Quinta Arts Foundation is a nonprofit organization providing these wonderful services, it charges for most of these services. This, in his opinion, makes it a commercial operation and therefore, is inconsistent with the General Plan and the zoning regulations. This project will have a detrimental effect on the adjoining residents due to the increase in' noise, lighting, traffic congestion, and pollution. As stated in Ms. Kay Wolff's letter to the City they indicated they will not only provide services, but will seek to promote other organizations to use the facility. This will only increase the problems for the adjoining neighbors. The applicant's applications asked for release from at least 14 Municipal Code and Zoning issues in order to operate this facility. The Environmental Impact Report, Item #8.A.-Storm and water runoff from the Santa Rosa Mountains into the Catch Basins, states the water to be retained in the parking lots will be contaminated by oils, gasoline, and other chemicals leaked by the vehicles in the parking lot over a period of time. These hazardous materials can potentially percolate into the soil below ~he parking lot and eventually contaminate the ground water. As resident of Laguna de la Paz they have a multi-acre lake that is fed from ground wells adjacent to the property and they do all their irrigation and watering from these. He is concerned about the chemical levels that will be spread through out the 393 homes at the complex. 24. Ms. Deborah Godley 77-211 Calle Sonora, stated she does not have an affiliation with the Foundation, but has worked with them. C:\My Documents\WPDOCS\pc5-23-20.wpd 14 Planning Commission Meeting May 23, 2000 She had no intention of speaking until she read an article in the paper from a resident of Laguna de la Paz that was likening the Arts Festival to a giant collection of porta potties. She lives in La Quinta and attends the Arts Festival and in her opinion, this is a case of "nimby", or not in my backyard. It seems strange that such a wonderful entity as the Arts Foundation, with such educational goals, should be likened to a swap meet. One of the things that attracted her to La Quinta was the diversity in the people that live here. The Foundation does reach out to people who otherwise would have no exposure to the arts. 25. Mr. Ken Von Schnabl, 48-567 Via Amistad, stated the reason he is against this project is because of the lighting, traffic, and noise. What will happen when this project is started with as much traffic as there is now on Washington Street. The Church now has traffic coming in from all directions and there is only one exit. To add this traffic, to what they are proposing, how will the parking be handled? 26. Mr. Fred Wolff, 77-227 Calle .Ensenada, stated he was privileged to lead the City to incorporation and served as it's first Mayor. He remembers what they discussed at that time should be the image of the City. The goal was to make it the cultural and art center of this Valley. When this City was first started it was all zoned residential. No one could expect to see this continue as the City is growing so fast. You cannot count on 'vacant land next to you remaining residential and it is ludicrous to accuse the Arts Foundation as proposing a commercial venture. The Arts Foundation is not a WalMart, Thrifty Drug Store, etc., but a nonprofit organization that serves this community. Every organization is going to raise money. The Church raises money. Does that make them a commercial enterprise? The traffic on Washington Street is there whether the Festival is held in the Village, or Washington Street. The traffic will not have to go as far as it use to, and most people will benefit from this new location. He is proud of this organization and how it has developed. It is self serving of those opposing this project. 27. Ms. Susan Clark, 51-220 Avenida Carranza, stated she has been living in La Quinta since the early 1980's and understands property values as her husband is a contractor. She is a school C:LMy Documents\WPDOCS\pc5-23-20.wpd 15 Planning Commission Meeting May 23, 2000 - teacher at Adams Elementary School and wants to bring art to her students as she experi0nced it in her youth. She understands the time and effort to teach the basics due to the amount of time she spends on them. During the first two years of teaching at Adams School, she had the privilege of having a La Quinta Arts Foundation docent visit her fifth grade classroom to teach art once a week for five weeks. You cannot image the impatience of a fifth grader waiting for the docents to come. These students understand when someone outside their circle of parents and teachers care about them and what they know. The art docents care and they realize that a child without an appreciation of the arts has not had a complete education. This is an exposure that most of them would never have if it wasn't for the Foundation. Don't make an idol of your home and forget the ideals they have because of some perceived threat to their property. 28. Mr. 3oseph Ferguson, 48-239 Galle FIoristas, stated he and his wife bought their new home in Laguna de la Paz ten years ago, and at that time they inquired into the zoning of this property and _. were told it was zoned Low Density Residential. Now ten years later, from their backyard patio, they will see a berm with trucks, and maybe semi-tractor trailers, which will be parked in their employee parking lot during the run of a particular event. These trucks together with the construction of a visible major outdoor arena, violates the Low Density Residential zoning promised when they purchased their home. If this project is allowed to go forward, won't this be a great view from their property; dust, noise, lights, and generators. The applicant's have asked to change this either by zone change or conditional use permit. It is almost as though Laguna de la Paz does not count. He has nothing against the Foundation, but they have chosen the wrong location and the Commission must not allow them to proceed. A change in the zoning, or use, is not fair to the residents of Laguna de la Paz. They were there first. · 29. There being no further public comment, Chairman Kirk closed the public participation portion of the hearing and opened it for Commission discussion. 30. Planning Consultant Nicole Criste addressed the question of the temporary turn-around by stating the Specific Plan shows the temporary turn-around as temporary until the design and construction of the Foundation building, because when the C:\My Documents\WPDOCS\pc5-23-20.wpd 1 6 Planning Commission Meeting May 23, 2000 Foundation building and its associated parking lot are designed it will provide the turn-around for people who are blocked by the first set of gates. 31. Commissioner Tyler stated he has heard over and over again how important a role the Arts Foundation has played in the City's evolution over the last 18 years and the very important role it continues to play and wishes to play in the future. Both sides would agree to this. The facts are that the land was donated at this location and so that is where it is. Secondly, he keeps hearing the complaint that the project is commercial,' yet no one is complaining that right across the street is a commercially zoned area. So the commercial flavor already exists. Third, is that at a recent Council meeting, on a much less important issue to the community, the Planning Commission was accused of a rush to judgement in denying a request after listening to an hour of testimony and then debating it 'for five minutes. He does not agree with this statement, but it was the perception that someone in the community has. Tonight we have been given massive amounts of material that needs to be understood and with the importance of this issue, the Commission needs time to assimilate this information before making a decision and he does not think there is time at this meeting to accomplish this. It is important that they make the right decision based on all the information they have and more has been received at this meeting. He would therefore like to suggest a continuance to the first.meeting in June. 32. Commissioner Abels stated he has lived in La Quinta for 32 years and he has seen a lot of development. Traffic has gotten heavier and will continue to get heavier as the years go by and we will have to learn to live with it. This project has been a long time coming to La Quinta. It is such a worthwhile project that it will make La Quinta the envy of the art world and not only locally, but nationally. The Foundation is to be commended as they have prepared a thorough application and it is unfortunate that there are those in the community who do not want it next dOor. The proposed berming and landscaping on the south side will help alleviate the problems. He agrees with the parking plan. In regard to the traffic, the Bob Hope ClaSsic and other events have the same problems and police have been brought in to control traffic. C:WIy Documents\WPDOCS\pc5-23-20.wpd 17 Planning Commission Meeting May 23, 2000 - It may be an inconvenience, but how many times a year Will this occur. It may be a commercial development, but not in the true sense. 33. Commissioner Robbins stated he concurs with what has been stated and trusts that most of the opposition is in regard to the zoning and trusts that the City Attorney has reviewed the applications and the Commission, in fact, is in compliance with zoning and the General Plan. City Attorney Dawn Honeywell stated the basic basis under the City's Zoning Code that this project is before them is that they may have museums or galleries displaying sculptures, artwork or crafts, including' school for the above, on 20 acres or more under a conditional use permit in a Very Low Density Residential or Low Density Residential area; in fact, any residential area of the City's community. It is the Planning Commission's job to make a determination that this project meets the definition in the Zoning Code. If the Planning Commission believes it will fit, then it will follow the General Plan and Zoning Code. Commissioner Robbins stated he too lives in the shadow of the Indian Wells Tennis Stadium and when it Was under review he heard how bad the noise and lights would be and now he can actually say he has not heard anything and the lights were off at a reasonable hour and were not an issue. Based on this, he does not believe this project will be as detrimental as has been stated. The. property behind his house is vacant and he would rather have a project such as this than a housing project. 34. Commissioner Abels stated that if a housing project were approved for this site the traffic would be greater on a daily basis than what will be created by this project. 35. Chairman Kirk asked staff how the traffic of a residential project would compare to this project. Mr. Eldon Lee, engineer for the project, stated the projection for a weekday event, or the amphitheater, which is probably the highest load, is outborne traffic. When the traffic is over there would probably be 680 vehicles per hour, which is a small percentage of the overall traffic on Washington Street which is 19,000 vehicles a day. When they run the models on the traffic for these events it improves the signal operation level on Washington Street and 48th Avenue because of the amount of time to make the left turn and the C:\My Documents\WPDOCS\pc5-23-20.wpd 1 8 Planning CommiSsion Meeting May 23, 2000 amount of traffic moving south. This' lessens the delays for the southbound traffic. Overall if you had a development on this site you would require the exit to be at the signal for Avenue 48 which would increase the traffic noise to Laguna de la Paz. Chairman Kirk asked if the egress/ingress was originally considered at 48th Avenue. Mr. Lee stated yes, and they moved the egress/ingress for this project down site in reference to satisfying the complaints of the Laguna de la Paz residents. 36. Commissioner Butler asked if the comfort level for the Mitigated Negative Declaration is supported by independent parties who make these studies. Planning Consultant Nicole Criste stated all studies prepared for this project were prepared by third party firms that were contracted by the Foundation. Our analysis for the EA Addendum was impartial, based on the analysis found in those studies, and all studies were current studies. 37. Commissioner Tyler stated he is for the project, but there are problems that needed to be worked out in regard to the details. 38. Commissioner Robbins stated he would be against grassing any of the parking areas as we need to loOk toWard more efficient use of water. 39. Chairman Kirk stated he too would object to using grass in the parking lots. He is in support of the project. It is a great design that is well designed and conceptualized. He thanked the Foundation for reaching out to the neighboring communities. He agrees that the egress/ingress would normally be placed at 48th Avenue, but due to the impact it would have on the adjoining residents, it has been moved to the north. 40. Commissioner Abels stated he thinks the issues should be ironed out and not continue the project. 41. There being no further discussion, it was moved by Commissioner Tyler to continue the project to June 13, 2000. The motion died for lack of a second. 42. Chairman Kirk stated there are some conditions that have been suggested and asked staff to comment on the sidewalk width (Condition #34). Senior Engineer Steve Speer stated they would. C:\My Documents\WPDOCS\pc5-23-20.wpd 19 Planning Commission Meeting May 23, 2000 agree to an eight foot sidewalk. In regard to the fencing around the retention basin, the assumption is that even though it is not seen from Washington Street, there are other access pads where you can view the retention basins. Staff can work with some language to satisfy the Sheriff's Department concerns. Staff does try to keep the retention basins from being fenced as they are less of a nuisance. The intent of the condition is "no fencing". 43. Commissioner Robbins stated his concern was not with the fencing issue, but that it not be visible from Washington Street. Mr. Mike Smith, Warner Engineering, stated their concern over the condition was that the parking lots are the retention basins and they are required to disguise the parking lots from Washington Street and therefore, could not comply with the condition. They are not proposing fencing but are proposing the berming behind the sidewalk to shield the parking lot from the street. Planning Consultant Nicole Criste suggested deleting the first sentence of the condition, so the issue of visibility would be eliminated and the fencing issue would remain. 44. Commissioner Tyler asked to review the hours of operation. The staff report refers to the construction hours that have been established for the community and he thinks they are totally inappropriate. The construction hours prohibit any construction activity on Sundays or holidays. Saturdays 8:00 a.m.-5:00 p.m., and depending upon the time of year, Monday through Friday, from 6:00 a.m. to 7:00 p.m. or 7:00 a.m. to 5:00 p.m. This seems to be inconsistent with the ending hours of the events that are expected and could put a hardship on the artist who intends to go from event to event and needs to pick up and move on to the next event. If there is a time limit where they cannot do that after 5:00 p.m. and the event ends at 10:00 p.m., it could be a problem. Planning Consultant. Ni¢ole Criste stated the time restrictions do not apply to the five major events, nor do they apply to the activities at the amphitheater. The condition is specifically geared to the Festival grounds activities because of its adjacencies to sensitive receptors to the south. Commissioner Tyler asked which condition applies. Staff stated Condition//57 states the hours of operation and clarification needs to be added to the conditional use permit. The amendment to the condition would be that on Sundays and holidays, the facility would be able to operate under the weekday rules for construction. Discussion followed regarding hours of operation. Following discussion a C:\My Documents\WPDOCS\pc5-23-20.wpd 20 Planning Commission Meeting May 23, 2000 recommendation was made to add a sentence to Condition #57 that stated "breakdown is allowable for public health and safety under emergency conditions. 45. Chairman Kirk stated he concurred with the applicant that this condition should apply to the conditional use permit as 'well. 46. Commissioner Tyler stated he was concerned about the berms as the staff report states the Festival §rounds are already three feet above the level of/aguna de la Paz and then you add berms which are seven and a half feet which could roach 10 feet in height. It may keep the noise level down, but people on top of the berms can look into their yards. The Laguna de la Paz wall is six feet above their ground level and then it appears the homes have a setback and then another wall. On the FOundation grounds you have a seven and a half foot berm on top of a three foot high elevation difference of ten and a half feet which invades the privacy of those living in Laguna de la Paz. Planning Consultant Nicole Criste stated Exhibit 6 in the Specific Plan shows three graphics and the central figure shows the property line at the top of the wall is 65.5 feet and the top of the berm is 73 feet. The berm does not occur on the top of the raised land of the Festival ground. 47. Commissioner Butler stated that currently there is blow sand against the property line wall, and if you do not put a retaining wall on top of the berm, the wind will blow the sand right into the residents. Staff noted it would all be landscaped. 48. Commissioner Tyler asked if the berms had to be that high. Staff stated they did for noise and visual impacts. 49. Mr. Ron Gregory, landscape architect, stated it is not their intention to create a berm that would impede the view of the residents of Laguna de la Paz. He would suggest, even though they'have the berms at the levels that are appropriate, when the shaping occurs, they can modify the berms to some degree to address the concerns of the homeowners. The same thing would apply to planting. It is not their intention to plant large materials and obliterate views which are desirable, but rather block those views that are not desirable. With the reduced grade where parking would occur, plus the berm adjacent to it, between the parking and the wall, all of the trucks would be screened. C:~My Documents\WPDOCS\pc5-23-20.wpd 21 Planning Commission Meeting May 23, 2000 - §O. Commissioner Tyler stated that in the staff report, it states the artist parkin§ lot spaces are smaller than usual and yet the artists usually have vans, RV's, etc. which would require larger spaces than usual. Mr. Mike Smith, Warner En§ineer, stated the volunteers would be parking the vehicles which would allow them to be parked closer than normal. The spaces will not be marked. §1. Chairman Kirk asked if they had any concerns about how much parkin§ there is in the back area. Do they concur with staff's recommendation, or would they like to reduce it. Mr. Smith stated they concur with staff's recommendation. 52. Commissioner Tyler stated that if the street is widened to 36 feet and then someone parks an eight foot RV on either side, you narrow the useful part of that street down to 20 feet. Planning Consultant Nicole Criste stated the Fire Department requires a 20 foot clearance, but with a 36 foot wide curb to curb street with parking on both sides, they should have the clearance. 53. Commissioner Tyler expressed his concern about the lighting plan for the parking lot adjacent to Washington Street, but would agree with staff's recommendation for the bollard lighting. Condition #38 should be corrected to require what the applicant will be using.. Condition #40, 41, and 42 should be straightened out and tell what the requirements are for the turning movements on those two access points. 54. There being no further discussion, it was moved and seconded by Commissioners Abels/Robbins to adopt Planning Commission Resolution 2000-034 recommending to the City Council certification of a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2000-394. 55. Commissioner Tyler asked if the City Attorney had read the material submitted by Mr. Ready, and whether or not it had any bearing on their decision. City Attorney Dawn Honeywell stated she had not had the opportunity to read the material. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. CSMy Documents\WPDOCS\pc5-23-20.wpd 22 Planning Commission Meeting May 23, 2000 56. It was moved and seconded by Commissioners Abels/Butler to adopt Planning Commission Resolution 2000-035 recommending approval of Specific Plan 2000-042, subject to the Findings and Conditions of Approval as amended. a. Condition #7: Delete reference to a left turn lane. b. Condition #27: delete the first sentence. c. Condition #34:8 foot sidewalk bikepath d. Condition #38: modify to the street standards that apply to the project. e. Renumber #40, #41, and #42 f. Condition #54: the text under Section 1.2.2, Page 1 of the Specific Plan shall be deleted and the following inserted: Uses Permitted with Approval of a Minor Use Permit. Festival Grounds Events for 50 or more persons not listed in Section 2.1. Banners in excess of those specifically described in this Specific Plan. Other uses as permitted in Section 9.40, Residential Development Standards of the la Quinta Zoning Ordinance. Uses Permitted with a Conditional Use Permit. Educational facilities and classrooms. Art galleries, Administrative Offices, Amphitheatre, Other uses as permitted in Section 9.40, Residential Development " Standards of the La Quinta Zoning Ordinance. Uses Requiring a Site Development Permit. 'Delete Festival Grounds. Foundation Building, Parking Lots (except General Parking Lot), Amphitheatre, Sculpture garden, Box office building, Headquarters events building, Restroom buildings, Native American Memorial, Permanent Signage. g. Add Condition 54A.: The Specific Plan shall be amended to allow for the events listed in Section 2.1, without the submittal of Minor Use Permit applications. In addition the following shall be added to Section 2.1: The Foundation shall, within ten days of the beginning of each quarter each year, submit a list of the events which occurred in the previous quarter, and those which are C:\My Documents\WPDOCS\pc5-23-20.wpd 23 Planning Commission Meeting May 23, 2000 - planned in that quarter to the Community Development Department, to ensure compliance with the events lists.in this Section. h. Add Condition: All relevant text in the Specific Plan shall be amended to allow, with the approval of the Specific Plan, the following: 1. Rough grading 2. Perimeter landscaping 3. Construction of the general parking lot and installation of parking lot lighting. 4. Festival Grounds No Site Development Permit shall be required. All plans shall be submitted to the City Engineer and Community Development Department for review and approval prior to the initiation of any activity on the site. i. Condition #57: Modified to state the facility would be allowed to operate on Sundays and Holidays under the workday hours. For the five major and five medium events on the Festival grounds actually "break down" shall be allowed until 10:00 p.m. Breakdown activities shall be allowed outside of construction hours for the public health and safety under emergency conditions. Also applies to the five major and five medium events as well. j. Condition #65: to require bollard or Iow lighting. k. Condition #67: Add an alternative allowing for the · construction of 100 parallell parking spaces and widening of the rear drive to 36 foot minimum. I. Condition #68: Remove "Site Development Permit" and add "grading" m. Add Condition: Prior to the issuance of any grading permit on the project site, the applicant shall submit a written parking agreement-to the Community Development Department. ROLL CALL: AYES: Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES: None. ABSENT: None. ABSTAIN: None. 57. It was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 2000-036 recommending approval of Conditional Use Permit 2000-048, subject to the Findings and Conditions of Approval as amended. C:WIy Documents\WPDOC S\pc5-23-20.wpd 24 Plan.ning Commission Meeting May 23, 2000 a. Condition #3' Modified to state the facility would be allowed to operate on Sundays and Holidays under the workday hours. For the five major and five medium events on the Festival grounds actually "break down" shall be allowed until 10:00 p.m. Breakdown activities shall be allowed outside of construction hours for the public health and safety under emergency conditions. Also applies to the five major and medium events as well. ROLL CALL: AYES' Commissioners Abels, Butler, Robbins, Tyler, and Chairman Kirk. NOES' None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS' None. VII. CORRESPONDENCE AND WRITTEN MATERIAL:' None. VIII. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report of the Council meeting of May 16, 2000. IX. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Robbins to adjourn this regular meeting of the Planning Commission to 'the next regular meeting of the Planning Commission to be held June 13, 2000, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 10:07 P.M. on May 23, 2000. Respectfully submitted, a~y~er~ve Secretary ~uinta, California C:\My Documents\WPDOCS\pc5-23-20.wpd 25