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2002 03 20 CC Minutes LA QUINTA CITY COUNCIL -- - SPECIAL MEETING MINUTES MARCH 20, 2002 A special meeting of the La Quinta City Council was called to order at the hour of 7:00 p.m. by Mayor Pefia and he led the audience in the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins (arrived 7:02 p.m.), Sniff, Mayor Pefia ABSENT: None PUBLIC COMMENT - None CLOSED SESSION - None CONFIRMATION OF AGENDA _ City Manager Genovese advised of the need to take up Public Hearing No. 2 prior to Public Hearing No. 1. MOTION - It was moved by Council Members Sniff/Adolph to confirm the agenda as amended. Motion carried unanimously. PRESENTATIONS - None PUBLIC HEARINGS 2. PUBLIC HEARING TO CERTIFY AN ENVIRONMENTAL IMPACT REPORT FOR THE COMPREHENSIVE GENERAL PLAN, ANNEXATION NO. 12, AND SPHERE OF INFLUENCE AMENDMENT (ACH #2000091023), AND ADOPTION OF THE GENERAL PLAN UPDATE. The Mayor declared the PUBLIC HEARING OPEN. Principal Planner Baker presented the staff report. -- Nicole Criste, consultant with Terra Nova Planning and Research reviewed details of the change requests and the Planning Commission recommendations as outlined in the staff report. She advised the following submitted letters after City Council Minutes 2 March 20, 2002 the Planning Commission hearing: W. R. Rogers Construction, Susan Harvey, Sofia Investments, Brian Lewis and Robert Hargreaves of Best, Best & Krieger, Raquel Rettberg, Criste, Pippin & Golds, Tracey Darroll, Bernard Debonne, Albert Keck (Hadley Family), City of Indio, La Quinta Cove Neighborhood Association, and the Raymon Brown Family. (Additional letters were received from the following at the meeting: Lee Andersen, Barbara Hollander, Supervisor Roy Wilson, and City of Indio Mayor Ben Godfrey.) She then briefly reviewed staff's analysis and responses to the letters from Best, Best, & Krieger. Donna Tucker, representing City of Indio, read the letter from Indio Mayor Ben Godfrey expressing concerns about the City's efforts to plan areas not within La Quinta's Sphere of Influence. The letter also questioned why the City has not responded to their concerns addressed in a letter to staff. Ellen Lloyd Trover, 82-150 Avenue 54, President of Vista Santa Rosa Association, stated she was concerned re-zoning of Planning Areas 1 and 2 will encourage development throughout the area and the City and property owners will be stuck with the consequences after the developers have come and gone. She urged Council to take a careful look before moving forward. She also spoke about the need to preserve agricultural land, especially in light of terrorist attacks on this country, to ensure sufficient food is produced. She voiced concern about adequate water supply and stated she felt certification of the EIR is premature at this time. Robert Pippin, 73-550 Alessandro, Palm Desert, stated he represents a property owner in the Planning Area that is opposed to the EIR covering his property and is prepared to protect his interests by challenging the General Plan if necessary. He questioned the water issue being properly mitigated and the overriding considerations statement being adequate to address other environmental impacts the City is not able to mitigate. He felt the EIR should be resubmitted for review because of changes made since the document was previously submitted and urged Council to either eliminate the two Planning Areas from the document or to refer it back to the Planning Commission for clean up. Kay Wolff, 77-227 Calle Ensenada, read a statement in opposition to the proposed General Plan. Bob Hargreaves, 74-760 Highway 111, Suite 200, Indian Wells, of Best, Best, & Krieger, questioned there being sufficient information to make the environmental findings related to water and agriculture preservation. He commented on the City's commitment to preserve the hillsides and asked for the same commitment to preserve a specified amount of agriculture land. He City Council Minutes 3 March 20, 2002 urged Council to remove the Planning Areas from the General Plan so a common vision of what might happen there can be developed. Corky Linfoot, 84-485 Avenue 61, Thermal, expressed concern about the Valley's growth and how development in the Planning Areas will affect water supply. Jesse McKeever, 82-550 Avenue 60, Thermal, spoke regarding the reduction in ground water levels over the last several years. Grady Sparks, 79-420 Briarwood, commented on the City's support of equestrian uses and stated he felt a corridor of development between La Quinta and the Desert Resorts Regional Airport is inevitable. He also spoke regarding property owners' rights to maintain or develop their land and urged adoption of the General Plan. Raymon Brown, 55-269 Jackson, Thermal, spoke in support of the proposed General Plan. _ Joe Hammer, 74-757 N. Cove Drive, Indian Wells, asked Council to consider designating his property at Avenue 59 and Monroe Street as Commercial or High Density Residential. Gayle Cady, 82-831 Avenue 54, thanked the Council for including a multi- purpose trail system in the General Plan and suggested adding a Very Low Density/Equestrian and/or Rural zoning designation. She felt the County zoning designation more accurately describes the existing lifestyle of the Vista Santa Rosa residents. She noted the General Plan calls for liquefaction areas to be preserved as open space and stated most of Vista Santa Rosa is in a liquefaction area. Albert Keck, 81-158 Arroyo Place, Indio, read a letter voicing opposition to any plans to place extensive restrictions on the use or development of his property in the Vista Santa Rosa area. He asked that the density requirements outlined in the General Plan be maintained and voiced disagreement with those who feel development of that area would be negative or detrimental. He believed well- planned development with respect for individual property rights will be beneficial and that agriculture and equestrian uses can co-exist with it. He noted over 75% of the landowners represented at the LAFCO hearing last May were in favor of development. City Council Minutes 4 March 20, 2002 Jim Drew, 53-525 Avenida Cortez, representing the La Quinta Cove Neighborhood Association, expressed support for preserving undeveloped land surrounding the Cove. Susan Harvey, 78-675 Sagebrush, commended the City for meeting the diverse needs of the community and spoke in support of the proposed General Plan. John Zimmer, 82-540 Airport Boulevard, Thermal, spoke in support of the General Plan and voiced opposition to other property owners trying to tell him what he can do with his property. John Gamlin, 79-285 Rancho La Quinta Drive, expressed support for the vision of the General Plan and urged adoption. He noted the proposed zoning for the Planning Areas is subject to. change and that the County has already set the stage for ultimate growth through the empowerment zone and redevelopment area. He also spoke about development limitations due to the Multi-Species Habitat Plan and the need for fees to preserve the quality of life. Duane Young, 41-480 Yucca Lane, Bermuda Dunes, stated he wants to continue farming his land but also have the option to develop it. 'He has some concerns about water but understands the same amount is used both for farming and housing. He supported adopting the General Plan. Kyle Denning, 1932 Verde Via, Escondido, noted a correction to the land use map for property at the northwest corner of Avenue 52 and Jefferson Street (from Low Density Residential to Commercial) and commended the Council for their handling of the City's growth. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. In response to some of the public comments, Ms. Criste stated the City's response to Indio's letter was included in the Final EIR sent to Indio on February 14. Regarding the water issue, it is addressed through nine mitigation measures in Section III of the EIR with additional mitigation measures in the Public Services Section under Domestic Water. She advised the City relied on the best information available, which they received primarily from CVWD. She stated the EIR does not preclude environmental review for individual projects and added findings exist throughout the Statement of Overriding Considerations that address issues that have been mitigated to less than significant level and those that have not. She concluded by noting the General Plan is for a period of up to 20 years and is intended as a land use guide. City Council Minutes 5 March 20, 2002 City Attorney Jenson noted the City has had the benefit of being able to receive information from Steve Robbins, of CVWD, who also serves on the Planning Commission. Additionally, the Coachella Valley Draft Water Management Plan has provided a lot of factual basis in preparing the EIR. She stated CVWD is moving forward with Alternative #4 but, under CEQA, the City is not required to wait until that process is finished before moving forward. CEQA requires the use of best available information, and staff feels the water management plan and oth'er engineering studies meet that criteria and provide substantial evidence for Council to make a decision. Substantial evidence, under CEQA, does not mean all the evidence says one thing but rather is expert evidence presented from the responsible agency. Regarding the Bighorn Sheep Habitat Plan, she stated staff is not recommending any change to the land use designations for properties adjacent to the hillside and part of the habitat area; those properties will remain designated as open space. She disagreed with the comment that the EIR should be re-circulated and noted the law does not require it. Council Member Sniff commented on the inevitability of change and the challenge of trying to deal with it effectively for the benefit of all residents. __ In response to Council Member Adolph, Mr. Herman confirmed there is no set timeframe for the Council to approve the proposed General Plan. Council Member Adolph stated he also has concerns about the water issue but relies on the experts who say in their long-range plan they are not concerned. He noted the Planning Areas in the General Plan are in response to requests from property owners in that area who have voiced interest in being annexed. He supports proper development and maintenance of a rural atmosphere. He doesn't have a problem with property owners who don't want to be annexed and supports those that do. He commented on the need to move forward with the General Plan and stated he continues to support Iow density and open space. Council Member Perkins voiced support for equestrian and agriculture uses and noted change and growth are inevitable. He felt the City has done a good job trying to maintain a "small town" atmosphere and still provide the needed financial background. He pointed out property tax provides a very small portion of the City's revenue and that businesses and hotels are the City's main source of income. He believes the City is more qualified than Indio or Coachella to move into the Planning Areas which are unlikely to remain County for very long. He encouraged those residents who disagree with the proposed plan to stay involved and voice their opinions on how the area can be improved. City Council Minutes 6 March 20, 2002 Council Member Henderson pointed out the properties in the Planning Areas are in at least one, and up to three, designated areas that tend to create development (Empowerment Zone, Enterprise Zone, and Thermal Community Redevelopment Project Area). She noted the Empowerment Zone has funding commitments for improvements, such as housing and infrastructure and job creation; the Enterprise Zone provides tax credits and business incentives resulting in growth in commercial and/or industry; and the Thermal Community Redevelopment Project Area tax increment monies are used for redevelopment in the community. She questioned where the property owners' protection will come from as these entities start to develop and do what the funding is intended to do. She noted the County is extremely involved in seeing that growth takes place and she would like for La Quinta to have some say in how it is done. She confirmed the County has put nearly $15 million in grant funds into the Desert Resorts Regional Airport for improvements and noted the County's plan for the 2,400-acre airport is serious growth. She didn't feel La Quinta is trying to project growth but rather trying to deal with it in the best possible way and noted a symposium is being held in Indio this month to unveil a program to plan for growth. She commented on the benefit of having a very qualified Planning Commission to spend a lot of time on this document, as well as the City's involvement in various committees throughout the Valley looking at growth and environmental issues. She felt the proposed General Plan is very prudent and noted it is not an end but rather a beginning that is subject to change. She didn't feel La Quinta's charm has diminished, and noted many visions for the City would not have happened if the City had remained a small village. Mayor Pe~a commented on the number of meetings held on the General Plan since the process began in 1999 and noted the City is not trying to create sprawl but rather be prudent and reasonable by planning for growth. He commented on the amount of development in unincorporated areas of the County and pointed out the City incorporated because the residents had a different development standard than the County. It seemed La Quinta had become a dumping ground for people who didn't want to conform to other communities' building standards. He referenced the new school site in the Vista Santa Rosa area and the need to plan for impacts to City streets caused by new housing. He felt it would be a disservice to La Quinta residents to do otherwise. He commented on the responsible manner in which the City has responded to residents' concerns over the years and the improvements that have been made. He also spoke regarding the number of issues County residents have to deal with such as trash and code violations. He supported moving forward with the General Plan and noted it will be updated .again in five years. City Council Minutes 7 March 20, 2002 In response to Council Member Henderson, Mr. Herman recommended if Mr. Hammer's property is designated Neighborhood Commercial and Medium Density Residential, that the Neighborhood Commercial designation for property located at the northwest and southwest corners of Avenue 58 and Monroe Street be eliminated. Council Member Henderson supported approving Mr. Hammer's request and Council concurred. Mr. Herman confirmed the land use map will be corrected to reflect the proper zoning designation at the northwest corner of Avenue 52 and Jefferson Street. Council Member Adolph referenced the recommendation for a Medium Density Residential designation at Westward Ho Drive and Dune Palms Road and commented on the traffic problem in that area. Mr. Herman confirmed new development on that land will be conditioned to widen the east side of Dune Palms Road. In response to Mayor Pe~a, Mr. Herman reviewed the designation request and staff's recommendation for the south side of Avenida Buena Ventura between Desert Club Drive and the Senior Center. Council concurred with staff's recommendation. Ms. Criste noted an approval of the proposed documents should include a provision allowing staff to make grammatical, land use clarification, and typographic corrections if needed. In response to Mayor Pe~a, Ms. Criste explained staff doesn't recommend a stronger statement in the Low Density Residential description encouraging equestrian uses because the designation encompasses different types of land and a typical tract lot of 7,200 to 9,000 square feet would not be an appropriate location for a horse. RESOLUTION NO. 2002-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE 2002 LA QUINTA GENERAL PLAN UPDATE IS RECOGNIZED AS ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN SIGNIFICANT ENVIRONMENTAL IMPACTS; AND RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED BUT CAN BE REASONABLY AND SUBSTANTIALLY MITIGATED IF THE PROPOSED PROJECT IS IMPLEMENTED (GENERAL PLAN UPDATE EIR). City Council Minutes 8 March 20, 2002 It was moved by Council Members Henderson/Perkins to adopt Resolution No. 2002-43 as submitted. Motion carried unanimously. RESOLUTION NO. 2002-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE MASTER ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN POLICY DOCUMENT (GENERAL PLAN UPDATE - 2002). It was moved by Council Members Adolph/Sniff to adopt Resolution No. 2002-44 with modified language (as discussed). Motion carried unanimously. 1. PUBLIC HEARING ON ZONING CODE AMENDMENT 2002-071 TO: A) REVIEW AN AMENDMENT TO CHAPTERS 9.220, 9.230, AND 9.240 OF THE LA QUINTA MUNICIPAL CODE AMENDING PROCEDURES FOR ZONE CODE AMENDMENTS, GENERAL PLAN AMENDMENTS, AND SPECIFIC PLANS; AND B) REVIEW AN AMENDMENT OF SECTION 9.140.070, LOW DENSITY/AGRICULTURAL-EQUESTRIAN RESIDENTIAL DISTRICT. The Mayor declared the PUBLIC HEARING OPEN. Planning Consultant Nicole Criste reviewed the proposed changes to the Zoning Ordinance as outlined in the staff report. In response to Council Member Adolph, Ms. Criste explained razor or concertina wire is used on top of fences for the protection of livestock and horses and is an allowed fencing material under County standards. She confirmed the provision would be an exception to the existing ordinance. In response to Mayor Pe~a, Ms. Criste advised mobile home subdivisions and manufactured homes on individual lots are listed as permitted uses because they have to meet the standards for individual lots, which would provide setback requirements. Council Member Perkins asked about any major changes compared to the County or. dinance. Ms. Criste advised oil production and mining land uses have been omitted and the minimum lot size of 20,000 square feet has been changed to 10,000 square feet. She confirmed the standards are for future development and will not affect existing properties. City Council Minutes 9 March 20, 2002 Brent Lance, 74-090 El Paseo, Suite 202, Palm Desert, representing Diamantina LLC, property owner at 84-401 Avenue 61, suggested the "right-to-farm" policy be extended to include both commercial and private agriculture or equestrian operations. Ms. Criste explained it is not the intent of the policy to limit it to commercial operations and suggested "for commercial purposes" be deleted from Policy No. 1. Council concurred. Mr. Lance asked if the reference to agriculture activities also encompasses equestrian activities, to which Ms. Criste responded no and added the "right-to- farm" is associated with farming nuisances. Community Development Director Herman advised the County text is an agriculture right-to-farm policy and does not relate to equestrian. Mr. Lance asked if there is any thing in the document that protects equestrian uses from a nuisance claim, to which Ms. Criste responded there is none in the County ordinance and none is proposed here. City Attorney Jenson noted the definition for "agricultural activity, operation, facility, or appurtenances" includes the "raising of livestock." Mr. Lance asked for clarification as to why equestrian activities are presented in an overlay rather than in the underlying zoning. Mr. Herman explained one is the General Plan land use designation and the other is the zoning district for the property. Ellen Lloyd Trover, 82-150 Avenue 54, President of Vista Santa Rosa Association, questioned why fraternal lodge homes are considered permitted uses and churches conditional uses. Ms. Criste suggested both be listed as conditional uses. Council concurred. Ms. Trover also questioned the requirement for 5 to 6-foot fences on all properties and noted many farming properties do not have fencing because of tractor use in the fields. Ms. Criste suggested modifying the language to "Properties containing one or more uses may be fenced to a maximum of six feet." Council concurred. There being no further requests to speak, the Mayor declared the PUBLIC -- HEARING CLOSED. City Council Minutes 10 March 20, 2002 MOTION - It was moved by Council Members Sniff/Adolph to take up Ordinance No. 367 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO, 367 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTERS 9.220, 9.230, AND 9.240 OF THE LA QUINTA MUNICIPAL CODE RELATING TO PROCEDURES FOR THE AMENDMENT OF THE DEVELOPMENT CODE, GENERAL PLAN, AND SPECIFIC PLANS (ZONE CODE AMENDMENT 2002-071 - CITY OF LA QUINTA). It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 367 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None MOTION - It was moved by Council Members Sniff/Adolph to take up Ordinance No. 368 as amended (see amendments below) by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 368 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION 9.140.070, LOW DENSITY/AGRICULTURAL EQUESTRIAN RESIDENTIAL DISTRICT (ZONE CODE AMENDMENT 2002-07 lA - CITY OF LA QUINTA). It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 368 on first reading with amended language (deleting "for commercial purposes" from Right-to-Farm Policy No. 1; designating Fraternal Lodge Homes as conditional uses; and modifying the language under Development Standards, All Non-Residential Uses to read, "Properties containing one or more uses may be fenced to a maximum of six feet .... "). Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None City Council Minutes 11 March 20, 2002 ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California