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2007 03 27 PC ~ of 4QulJttt Planning Commission Agendas are now available on the City's Web Page @ www.la-quinta.org PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California MARCH 27, 2007 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11 :00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2007-013 Beginning Minute Motion 2007-007 I. CALL TO ORDER A. Flag Salute B. Pledge of Allegiance C. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. ; CONFIRMATION OF AGENDA IV. CONSENT CALENDAR A. Approval of the Minutes of the Regular Meeting of March 13, 2007. . B. Approval of the Minutes of the Joint Meeting with the Community Services Commission of March 13, 2007. G:\WPDOCS\PC Minutes\ 1 Agendayv.doc V. PUBLIC HEARING: For all Public Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the projectls) at the time of the hearing. If you challenge any projectls) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A. Item................ Applicant......... Location........... Request ........... Action............ " ENVIRONMENTAL ASSESSMENT 2006-577. SPECIFIC PLAN 2006-074 AMENDMENT #1. AND TENTATIVE TRACT MAP 34642 Trans West Housing, Inc. West of Madison Street, east of Monroe Street, and South of Avenue 54 Consideration of an amendment to the Specific Plan to increase the clubhouse from 8.000 square feet to 21,204 square feet and a d It Ii Tentative Tract Map to provide an additio I 90 sin e-family lots and :t 7 acres of landscaped, rec . al open space to the existing residential development. Resolution 2007- VI. BUSINESS ITEMS: None. VII. CORRESPONDENCE AND WRITTEN MATERIAL: NOne. VIII. COMMISSIONER ITEMS: A. Review of City Council meeting of March 20, 2007 IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on April 10, 2007, at 7:00 p.m. G:IWPDOCS\PC Minutes\1 AgeridaW,doc DECLARATION OF POSTING I, Betty J. Sawyer, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, March 27, 2007, was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at the La Quinta Cove Post Office, on Friday, March 23, 2007. DA TED: March 23, 2007 ryf. .~ t;;~ecutlve Secretary . a Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty-four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. G:\WPDOCS\PC Minutes\ 1 AgendaW.doc LA QUINTA COMMUNITY SERVICES COMMISSION LA QUINTA PLANNING COMMISSION JOINT MEETING MINUTES March 13, 2007 A joint meeting of the La Quinta Planning Commission and Community Services Commission was called to order at 5:30 p.m. by Chairman Ql!ill Chairman Quill led the Pledge .of Allegiance. PLANNING COMMISSION ROLL CALL: PRESENT: ABSENT: Commissioners Alderson, Barrows, Daniels, Jim Engle, and Chairman Quill None COMMUNITY SERVICES COMMISSION ROLL CALL: PRESENT: ABSENT: Commissioners Leidner, Long, Sylk, and Chairman Weber Commissioners Gassman and Sylk Staff Present: Community Development Director Doug Evans, Community Services Director Edie Hylton, Golf and Park landscape Manager Steve Howlett, and Executive Secretary Betty Sawyer. PUBLIC COMMENT: None. CONFIRMATION OF AGENDA - Confirmed STUDY SESSION A. Presentation by Karen Badalamenti Greenplay LLC on the La Quinta Community Attitude and Interest Citizen Survey prepared for the Community Services Master p,lan. 1. Ms. Badalamenti reviewed the following areas of the Master Plan: Review. of the Mission Statement, Public Involvement, Tour and Inventory, Community Demographics, California Recreation Trends, National Recreation Trends, Statistically Valid Survey Executive Summary, Administrative Benchmarking and Key Measures, and GRASP mapping. 2. Commissioner consideration. acreage. Leidner asked' if commercial acreage was taken into Ms. Badalamenti stated it included the commercial 1 '" 3. Commissioner Barrows asked for .examples of where there were loop walks. Ms. Badalamenti stated these were walks, within a park versus a Community Services Commission and Planning Commission Joint Meeting March 13, 2007 loop on a trail system. Community Services Director Edie Hylton stated they were at the Fritz Burns Park, La Quinta in the North, Adams Park. At the larger parks which allow people to walk the perimeter of the parks and they are used quite heavily. . 4. Commissioner Alderson asked if recommendations would be coming forward. Ms. Badalamenti stated through the Community Services Commission they are working on the formal plan. What has been presented is a fine job. 5. Commissioner Barrows asked if there were additional recommendations and whether there were any' recommendations for community trail systems. Ms. Badalamenti stated they are looking at options such as the Whitewater Channel, regional and local loops, working with future developers to have connectivity, and downtown corridor creating a walking district. They are looking for linkages. 6. Chairman Weber stated he had attended the .CVAG Transportation meeting and this issue came up in regard to the increase in vehicular traffic which is affecting the surface street. Also, a regional trails plan has been discussed. All this should help La Quinta to reach its goals both locally as well as regionally. 7. Commissioner Barrows agreed there have been missed opportunities and . she would be interested in seeing that trails is encouraged and expanded upon. 8. Chairman Quill noted the different type of bicyclists and the type of lanes they use. There are those who use the sidewalks and yet the mountain bikers want the mountain trails. He would hope that both areas of interest are being studied. He commented that many families are not comfortable riding their bikes on the bike routes on streets. They preferred to see more recreational bike routes. 9. Commissioner Alderson stated the horse trails need to be addressed as well. Ms. Badalamenti stated it was not listed in the top priorities and would not be included in the first phase. It should be looked at in the next phase. 10. Chairman Quill stated the Master Plan linkage between the trails should be a high priority. Community Development Director Doug Evans stated one of the challenges for off-roadway bike trails it would be difficult to obtain regional funding. CVAG did a study a number of years ago and 2 Community Services Commission and Planning Commission Joint Meeting March 13, 2007 found that all the funding for bikeways needs to be in the street. This did not please some cities because they already had miles of Class I bikeways. The other challenge is that if that are labeled formal bikeways then you are into the CalTrans design standards from the engineers standpoint which is a difference between ten or 12 foot widths. Our parkway widths do not accommodate those widths. It involves a lot of different issues that would need to be discussed. 11 . Chairman Quill stated he understood there was. funding for the purchase of additional right-of-way through TUMP and Measure A if you needed to widen access. They would fund the construction of the eight-foot 'on- street bike path, but they would only fund the purchase of additional right-of-way and not the construction. Community Development Director Doug Evans stated it is a challenge to go back and retrofit. The City has been reviewing trail and parkway widths to see what can be done. 12. Commissioner Barrows asked if grant monies were available for bikeway trails. Ms. Badalamenti stated that in the Master Plan it is recommended what funding sources could be looked at. 13. Chairman Webber thanked the Planning Commission for their time to review the presentation. It was moved and seconded by Commission Members Sylk/Leidner of the Community Services Commission to adjourn the meeting at 6:48 p.m. Motion carried unanimously. There being no further discussion, it was moved and seconded by Commissioners Barrows/Alderson to recess this meeting to the regular meeting of the Planning Commission at 6:30 p.m. Motion carried unanimously. Respectfully submitted by, Betty J. Sawyer, Executive Secretary City of La Quinta 3 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 13, 2007 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 Quill who asked Commissioner Daniels to lead the flag salute. B. Present: Commissioners Ed Alderson, Katie Barrows, Rick Daniels, Jim Engle and Chairman Paul Quill. C. Staff present: Community Development Director Doug Evans, Assistant City Attorney Michael Houston, Principal Planner Stan Sawa, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: A. Chairman Quill asked if there were any changes to the Minutes of February 13, 2007. There being no changes, it was moved and seconded by Commissioners Alderson/Barrows to approve the minutes as submitted. Unanimo.usly approved. V. PUBLIC HEARINGS: A. Environmental Assessment 2006-579 and Site Development Permit 2006-865; a request of CNL Desert Resorts, L. P. for consideration of architectural and landscaping plans for a signature pool facility, for the property located on the west side of Avenida Obregon, approximately 150-feet south of Avenida Fernando, within the La Quinta Resort. 1. Chairman Quill 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. Community Development Director Doug Evans explained the purpose of the Conditional Use Permit. Staff reviewed the revised conditions. r.;,.\'Mcn""'CIDf'" 1I1I;...,.+,.."""nn."'1 1'1 n-, ......... ___u Planning Commission Minutes February 27, 2007 . 2. Chairman Quill asked if the date palm grove had a designation as . Open Space. Staff stated the Specific Plan designated it as Tourist Commercial. 3. Commissioner Alderson asked if additional parking was needed would it require the removal of the palm trees. Staff stated it might require the removal of some of the trees. 4. Chairman Quill asked if there were any more questions of staff. There being no further questions of staff, Chairman Quill asked if the applicant would like to address the Commission. Mr. Paul McCormick, Hilton Hotels Manager for the La Quinta Hotel, reviewed the project proposal. Mr. David Urban, CNL Resorts, gave a review of the concessions and conditions that had been worked out with staff. One of their conc~rns is water uses. If they were to add additional rooms, the rooms would use more water than the pool. Mr. Bill Markenson, Loss Prevention Manager for the Hotel, spoke in regard to loss prevention, traffic and parking related issues. He reviewed the new prevention measures that have been put into place at the Resort. In addition they will be hiring a traffic control manager to oversee all vehicle access into the Resort, along Avenida Obregon and Avenida Fernando as well as the loading dock area. He is also reviewing the additional measures that will be put into place to address the concerns raised regarding traffic and safety concerns. Chairman Quill noted that he had a conversation earlier today with Mr. McCormick and asked that one employee speak on behalf of the Resort. 5. Commissioner Alderson asked if the applicant had agreed to all the condition changes. Mr. Urban stated they have agreed. 6. There being no further questions of the applicant, Chairman Quill asked if there was any other public comment. Madeline and Roger Lolley, 77-317 Avenida Fernando, objected to the fact that they . had not seen the display of the rock formation transposed on a site plan. The view from their house. She addressed the sound levels that will be caused by the Pool. The noise levels should be taken from an actual water park and not what they anticipate them to . be. They will be going out and measuring the noise level at Soak . City to obtain the actual noise levels from a water park. 7. Mr. Bill Bresnahan, 78-425 Calle Felipe, stated he is retired from . the U. S. Secret Service and is concerned with security issues. Currently, there is poaching on the pools, tennis courts and fitness r.;,.\\AlDnnr-CIDI'""' 1I1I;...,.+.....\')"n"'7\':I 1':1""" .......... 2 -- ____. -_1...__1__1_- Planning Commission Minutes February 27, 2007 center from people outside the Resort. How do they intend to improve on their security that they cannot do now. 8. Mr. Ed Mittelbusher, 77-333 Calle Mazatlan, stated he had heard that if the noise level of the pool exceeded 80db it would be shut down. Staff stated that if it exceeded the City's Ordinance it, would be shut down as staff will enforce the City's Ordinance.' Mr. Mittelbusher asked if this applied to the noise from the construction. Community Development Director Doug Evans stated the answer is no, construction noises will exceed the noise levels and are not a part of the operation of the facility. Staff will De adding this information to the Council report. Mr. Mittelbusher stated the City is then allowing violation of the La Quinta Noise Ordinance. 9. Mr. Philip Maschka, 77-213 Calle Mazatalan, stated he is opposed to the water park because it is a dumb ideato have a water park in the desert. 10. Mr. William Puget, 77-600 Avenida Fernando, stated he was confused about the process. He understood Council directed the applicant to meet with the homeowners to work out the issues. He heard the applicant stated they had met with the homeowners, but he did not meet with him or Mr. Davis, so why is this matter again before the Commission. Community Development Director Doug Evans stated Council did direct the applicant to meet with the homeowners and the interpretation was for them to meet with the HOA and staff was directed to attend those meeting and he did. The purpose of the meeting he attended and there was a lot of dialog between the homeowners and the applicant. The applicant will have to answer as to who they specifically spoke with. Mr. Puget asked why this application is again before the Commission. Chairman Quill clarified this application is the Conditional Use Permit which is different than what was reviewed before. Assistant City Attorney Michael Houston clarified this application refers to the Conditional Use Permit only. The Municipal Code prohibits an application be resubmitted in substantially the same manner again within a year. Mr. Puget asked about the hotline to call for complaints. When the Resort . has its tent events they have to use generators which run long beyond the 10:00 p.m. time limit. He has gone to the hotel and asked that the generators be turned off. He was told they should have known such activities will take place when they bought their home. He bought his home before the hotel began its expansion. If r.;,.\\/\/onn(",QIOf" I\.t;...,.+......\"lnn.,'''::l 1'1 ""7 "l...... 3 -------- Planning Commission Minutes February 27, 2007 this is the response they will get on a hotline, he would suggest it will not be effective. Regarding the remote parking, where they .will be shuttling people back and forth. This shuttle requires traveling on Avenida Fernando which is a private street subject to an easements and the easement applies to certain benefited property and a remote parking is not a benefited property. What incentive does the Hotel have to turn away guests? They will have to turn down revenue and alienate guests. How can they self. regulate this important issue. They continue to strongly object to this project. 11. Mr. Steve Davis, 77-500 Avenida Fernando, went over an example of what happens on a daily basis in front of his house verbally and with pictures. He has been taking decimal readings in his yard to see what noises are being generated by the delivery trucks. He stated the noise generated by the trucks well exceeds the City's Noise Ordinance. They are as high as 89 decibels. He does not believe this road was permitted to allow deliveries. He then read into the record a letter submitted to the Resort documenting the events on Sunday, November 15, 2006 starting at 6:15 a.m. as to what happened on that day in regard to the delivery trucks. 12. Ms. Gloria Dodd, 48-690 Via Sierra, stated the quality of life will be reduced with the approval of this project regardless of whatever conditions are placed on the project. There is no condition that can be placed on this project that will increase their quality of life if this project is approved . 13. Ms. Mary Jane O'Connor, 77-343 Avenida Fernando, stated nothing has been stated in regard to who is going to protect the adjoining property owners from any seepage from this water park. She would also like to know what type of safety features will there be for children using this pool. 14. Mr. Frank S. Hill, 49-921 Avenida Vista Bonita, stated this is an . attempt to shove through a water pool over the objections of the local residents. The statistics given by the developers can be challenged by other consultants. There is no accounting of the loss of revenue from the termination of the tennis courts. Why does Hilton want to jeopardize this world class tennis facility by . installing a splash pool? 15. Mr. Richard Fredericks, 49-875 Avenida Obregon, stated there is not a street within this project that meets the Zoning Code r:,\'AlOI"'\f'\f""CIOr 1I.t;....,......'')nn"7I'J 1'7 ("'-7 "l..." 4 -----.---- Planning Commission Minutes February 27. 2007 requirements. Avenida Fernando should be 50 feet wide and it is 36 feet. Avenida Obregon should be a 40-feet street and. it is 20 foot fire lane. How can you control impact on health and safety, when you have the traffic disaster that currently exists when the Resort cannot control or regulate what is there. What happens when a two mile an hour car runs over a child because you have back out parking? All the parking spaces are back out parking. Every parking facility does not comply with the Zoning Code. You do not have back out parking spaces on a fire lane. He asked that the Notice of Dangerous Condition that he filed with the City is submitted into the record. He almost killed a child on a roller blade jumped out in front of him and he banged his head on the steering wheel when he was traveling ten miles an hour. Need to make legal findings that the CUP complies with zoning as well as CEQA findings. The foundation for this project was built on an EIR done in 1975. You do not even know the impacts of all the water that will be going into the ground. Finally, what will be the impacts on the surrounding residents. Follow your heart or follow the law. 16. Ms. Jennifer Jenkins, 49-385 Rancho San Francisquito, spoke on behalf of the 1,600 employees of the La Quinta Resort. These employees live and support the City of La Quinta. The previous expansions of the Resort were a benefit to the City and drove the economy of the City. Increased occupancy will only increase the number of employees the Resort can employ as well as TOT for the City. They have over 2,500 memberships and it is expected that less than 18% have children under 23 and will use the facility. Few of their members will ever use the Pool. Regarding tennis, they opened the courts at PGA West if members were unable to get a court. They are now building a fitness center, pool and tennis courts at The Citrus. All this will alleviate traffic from the Resort. The Resort has been a large part of the City and they would like to request the Commission consider approving this request. 17. Mr. Carl Geist, 50-062 Avenida Vista Bonita, stated he is one member of the Club who does not approve of this project. He understands why the Resort and City are interested in approving this project for the revenue it will generate. It was his understanding that other locations were discussed for the Pool that would not have an impact on the adjoining residents. The quality of life will not be enhanced by this project. He does not understand how the Hotel can promote this project. 5 r.;,.\\1l/0nnrCIO("' 11.11;...........\')"".,\":1 1':1 n.., .......... ---..-----.----..... Planning Commission Minutes February 27, 2007 18. Mr. Joe Broido, 77-510 Calle Nogales, sated he was confused about what the CUP is compared to what the City Council reviewed. Is the intention to consider the operation of the project? Will this go forward to the Councilor is it to be approved at this meeting. Staff stated the Council will hold a hearing on all three applications at their next meeting. This meeting is to consider the CUP only. Mr. Broido asked if the condition regarding the landscaping along Eisenhower Drive and the Bear Creek Bike Path and the maintenance facility would be considered during this permit as well. Chairman Quill thanked Mr. Broido for reminding the Commission of this condition and they will address it in their motion. 19. Mr. Wayne Guralnick, 74-399 Highway 111, Palm Desert, representing the interests of the Tennis Villas, Enclave, The Etados and Mountain Estates HOAs, stated the City Code requires the Commission to make four findings. Three are consistency with the General Plan, Specific Plan and Zoning Code as well as compliance of CEQA requirements. The last finding requires compatibility and not injurious with the surrounding residents. The staff reports just states the conditions will mitigate any issues. This approval . absolutely essential to the Resort for the summer and shoulder seasons. However, there is nothing said about this being an entertainment center. This is not to be annexed to a conference center. In Condition No. 24 they are talking about 1,500 people. within 15 feet of the Tennis Villas up to 10:00 p.m. at night for several kinds of events creating all kinds of noise. This will be injurious to the adjacent residential use.' If' they want a water . park, then condition it appropriately for a water park and eliminate the convention center. In Condition No. 20 it states it shall be used from 8:00 a.m. to 6:00 p.m. Except for the formal pool, it should not be midnight, it should be 10:00 p.m. as it now exists. . Right now they have a formal pool that is used till 1 0:00 p.m. and is in that same range of location. Let them use that area for the convention facilities, butdo not put it in the same location of the activity island adjacent to the homes. Strike out where it says 10:00 p.m. and make it 6:00 pm and strike out where it says midnight and make it 10:00 p.m. and the restaurant hours would be closed from 7:00 a.m. to 10:00 p.m. Condition #24 a similar change needs to be made that the outdoor meetings shall be held within the formal pool and not the active feature water feature. Same on line five where the active water feature is used they are asking that the formal pool area. Therefore, the outdoor activities after 6:00 p.m. would be limited to the formal pool area. Condition 6 r.!.\\I\IDnnrCIOl""' IIII;,.."+"",\')n,,.,,'2 1 ':I (Y7 '"'...... --'-------.---- Planning Commission Minutes February 27, 2007 #22 regarding the movies, put the movies shall end at 10:00 p.m. and shall only be shown around the formal pool area. Noise is an issue and how do you monitor noise without having a noise monitor going around telling people to be quiet. In Condition No. 27 they' are asking that it be changed to read the active water features causing the noise shall be deleted and the areas and activities causing the noise or violations should be closed. Whatever is causing the noise should be closed. Condition No. 27.C. they are asking that the active water feature have no active or amplified music in the formal pool area. On the noise issue, the City's Noise Ordinance states for noise sensitive areas which this is, for the receiving area not the area causing the noise, it provides that it be 60 dba from 7:00 a.m. to 10:00 p.m. They are requesting a condition be added that there be no public address system, no exterior lighting except the landscaping areas. Deny this application or add the condition requested. 20. Ms. Ruth Utti, 76-946 Calle Mazatlan, stated she is opposed to the application. They bought their Tennis Villas with no anticipation the Hotel would ever make this type of expansion. This will destroy their quality of life and view of the mountains. The residents do deserve respect and listened to. She encouraged the Commission to deny the project. 21. Mr. Jake Baden, 77-471 La Vista, stated good intentions are one thing, but the reality of what goes on is different. He has been reviewing water park magazines lately and what the impact of the water is on surrounding neighbors. 22. Tom Overty, 48-805 Via Linda, stated he was told by someone that lives at the Legacy Villas that they have membership but do not pay dues. They have the right to use the Hotel but do not pay membership. Chairman Quill noted this is not an issue before the Commission. 23. . Ms. Lee Charles 79-820 Cetrino, stated she does not understand how the construction activity can take place at the same time the Hotel is operating. Chairman Quill recessed the meeting at 9:20 p.m. and reconvened at 9:25 p.m. 24. Mr. Rick Zeilenga, attorney for CNL, stated he would respond to some of the issues raised. In his aerial he noted that most of the r.:..\\AfOnn,..CIOf" ft.Ai... ,+...., ')"".."., 1'1/,.7............ 7 -- - ____._ 1Ill.__ Planning Commission Minutes February 27, 2007 properties mentioned were as far away as 1000 feet. What needs to be concentrated on tonight is the Tennis Villas and the impacts . on those units. The noise consultant they hired studied the three closest areas with 50% of the children screaming nonstop for an hour. This report was not conservative. The study considered the' location of where the noise will be received. It then considered the City's Noise Ordinance and it was found there would be no significant increase. In addition to this the noise study considered external noises as well as the internal noise elements. He also .considered the pools would be open when they will be closed; the equipment was considered to be open and it will be enclosed; and finally the wave height was reduced and the lazy river recessed. The hours of operation were also not considered at the reduced time limits. They have also agreed to additional conditions to reduce any potential impacts. In regard to the construction noise, construction activities are exempt from the"noise concerns raised. Traffic reports have been taken during the prime season of the Resort. The report also showed no increase in traffic. The grove area is being reserved as a safety in case there are any parking concerns. They implemented the new program at the event held this last weekend and the program worked. He went on to review parking, Avenida Obregon pedestrian safety issues, and comparison to other water parks. The landscaping maintenance issues along Eisenhower Drive would. also be added to this application. 25. Chairman Quill asked if there were any questions of staff or the applicant. Commissioner Barrows asked about the parking issues raised by Mr. Davis and whether this is a Code Compliance issue. Community Development Director Doug Evans stated it should be reviewed by the Code Compliance Department to make that determination. If the applicant does not respond to complaints . called in at the time they are called in, then the problem is not solved and appropriate actions should be taken. Commissioner Barrows asked if the delivery hours are covered in any of the conditions. Mr. McCormick stated 7:00 a.m. is the starting time as well as delivery truck sizes have been relayed to their vendors. Problems arise when their vendors contract with others for deliveries. 26. Chairman Quill asked who should be called at 4:00 a.m. when there is a problem. Mr. McCormick stated it should be their loss prevention person who should respond to the site to solve the problem. They have 24-hour/seven days a week security to r:.\'^'Dn"f"C::IDr' l";.....+^..\.,nn.,.\~ 1"::l f"I"7 ......... 8 -y-- ___.__.__n_____ Planning Commission Minutes February 27, 2007 handle these problems. Chairman Quill asked that a condition be added to handle this traffic/noise problem on Avenida Fernando specifically in regard to delivery trucks in the Parking Management Plan. 27. Commissioner Barrows stated she appreciates the Resort addressing the landscaping issues on Eisenhower Drive regardless of whether or not this project is approved. Mr. McCormick stated they have already started the implementation process to repair this . area. What this project proposes is to expand and enhance the landscaping all the way from the bridge. on Eisenhower Drive wrapping down to the maintenance facility which includes ground cover down to the other end and adding a ground cover mix along Eisenhower Drive down to Calle Tampico. 28. Chairman Quill asked that a condition be added to this CUP that a comprehensive landscaping irrigation and fencing plan to resolve problems and improve the appears be prepared for Eisenhower Drive frontage and southern perimeter adjacent to the Bear Creek Bike Path for review and approval by the Planning Commission and encompass all the exterior landscaping to the entire maintenance facility wall. This will include the berm adjacent to the facility and the roadway frontage to the facility along the Bear Creek Path. Mr. McCormick stated they will address the issue. 29. Commissioner Daniels stated his concerns are directed toward the impacts on the surrounding communities. What meetings were held with those communities? Mr. David Urban stated they have met with Mr. Guralnick and the five HOAs. In regard to Mr. Puget and Mr. Davis they are in litigation and are restricted from talking with them because of the lawsuit. Commissioner Daniels stated he is impressed with the plans they have laid out, but is there some assurance the Hotel is capable of self regulations. Mr. Markson stated he reports directly to Mr. McCormick and they do have some training issues and need to add additional personnel. Training is needed to bring their staff to the level needed. Commissioner Daniels asked how Mr. Davis' concerns can be resolved. Mr. McCormick stated they have reduced the hours of deliveries and added people to help manage the deliver trucks. Commissioner Daniels asked about damage caused by seepage from the pools. Is there monitoring required. Mr. McCormick . stated they have 22 pools on site and have had no occurrence to date. Mr. Chris Bergh, MDS Consulting, stated all the facilities with this project will be constructed in compliance with all Building r..\\AlOnf"l.....clor lA;",..+.....\?n,,"'7\'2 , ':l n"7 ,"""", 9 -~'___.,.'_- Planning Commission Minutes February 27. 2007 Code, structural and civil engineers. Swimming pools typically do not seep. Splashing water is not seepage. This may occur in the retention basins, but they are off-site on the golf course. The infiltration of the Pool water is self contained on site in a septic system and pumped away from the site and clear water is infiltrated back into the ground. 30. Commissioner Daniels asked about alternative sites for the pool. Mr. David Urban stated that the problem with the alternate locations is that it will greatly increased cost and displaces rooms back into this area which would be a greater impact on traffic, view and same kind of noise concerns. In evaluating the alternative site, the cost was greater than the return. Commissioner Daniels asked about what events are currently occurring. Mr. McCormick stated they have been holding events up to 1,500 persons and there have been some complaints about the music, but the events are shut down by 10:00 p.m. Commissioner Daniels asked about changing the times and moving the events to the formal pool area. Mr. Urban stated this was discussed and determined it was not an option they could agree to. They would be amenable to shutting'down all functions at . 10:00 p.m. Commissioner Daniels asked about the elimination of music and outdoor lighting. Mr. Urban stated their concept of this project includes music distributed throughout the site on small speakers to contain the noise generated from the music. They have implemented numerous measures to contain the music/noise on the site. . 31. Chairman Quill asked if the existing tennis courts in this area are lighted. Mr. McCormick stated some of they are lighted and are lighted till 9:00 p.m. 32. Commissioner Daniels asked about the sale of the Hotel. Mr. Urban stated that CNL Hotels and Resorts is being purchased by Morgan Stanley. Any of these obligations they are entering into would be bound by the entity purchasing the Hotel. 33. Mr. Puget stated he is not in litigation with the Hotel and would be available to hold discussions with the applicant. 34. There being no further public comment Chairman Quill closed the public participation portion of the hearing and asked for. Commission discussion. r..\\AIPnn.....c::ICf' lll;...'+n..\?nn.,\,~ 1') 1"\"7 .......... 10 ..----... Planning Commission Minutes February 27, 2007 35. Commissioner Engle stated he believes this is a good project and believes with the strict conditions imposed, he is in favor of the project. 36. Commissioner Daniels stated that between the staff report, minimizing the impacts, he is satisfied with the answers received from staff and the applicant, he supports the project. 37. Commissioner Barrows asked where a condition could be added to the revised Condition No. 7.C.1.a. and e. addressing loading, shipping and other related activities and any third party is bound by this condition. What is the enforcement side of this; whose responsibility is it? Staff stated the applicant is to undertake this responsibility and if not done, the City can revoke or modify the CUP. Commissioner Barrows asked about Condition No. 11 to clarify whether it is "logs" or "reports" (highlighted in blue). Staff stated they would fix the condition. Commissioner Barrows asked about Condition No. 20 to adjust the' hours to 10:00 p.m. Community Development Director Doug Evans stated the applicant's intent is that the formal pool area operates from 7:00 a.m. to 10:00 p.m. He does not believe they want to limit the hours of the restaurant to 10:00 p.m. Commissioner Barrows asked about Condition 22 in regard to the movies should it state what months in the rest of the year movies can be shown. 38. Chairman Quill asked that the Condition regarding Eisenhower Drive shall be approved by the Planning Commission and the maintenance facility and berm should be added. 39. Commissioner Alderson reiterated the direction given by the . Council and he believes that direction was followed by the applicant and staff. To him it does not make sense that this is a good business move; however, if it fails, what would happen to this "white elephant" and it has been proven to him that this company is a viable company that would resolve the problem. He went to Arizona and visited the site and found that their employee rate stayed higher and the occupancy rate was increased. The customer base was from the citizens of the area who took their children there for the entertainment. This has put to ease a lot of his concerns. He does not agree this will add traffic to the site as people will walk to the pool and not drive. Having a backup traffic . study being done after the fact will not resolve anything. He initially did not support this project, but based on his review and the cooperation of the applicant, he will support the project. r.:.\\A1Dnf'\f"~\D'" "/li...........'')nn"7\., 1., rI"7 "",..,. 11 -- Planning Commission Minutes February 27, 2007 Community Development Director Doug Evans stated that regarding the City's Noise Ordinance (Condition No. 27) the City's Noise Ordinance is not specific to any part of this project. The HOA attorney raised the point that the active water feature causing the noise ordinance violation. The CUP should not restrict the noise ordinance to apply to only parts' of the project. Staff would recommend activities as suggested. City staff will enforce problems according to whatever is causing the noise. 40. Chairman Quill stated he too believes the applicant has gone a long . way to mitigate the impacts and believes there will be other projects demolished and replaced with different things similar to this as time goes on. 41 . It was moved and seconded by Commissioners Daniels/Engle to adopt Planning Commission Resolution 2007-011 recommending approval of Site Development Permit 2007-102, as recommended and amended: a. Condition Added: That a <?omprehensive landscaping, irrigation and fencing plan to resolve problems and improve the appearance shall be prepared for the Eisenhower Drive frontage and southern perimeter adjacent to the Bear Creek Bike Path and maintenance facility on Avenida Carranza for review by the ALRC and approval by the Planning Commission as a Business item. The plan shall be implemented and completed prior to issuance of the Certificate of Occupancy for the Signature Pool facility. b. Condition No. 7.C.1.a amended: Traffic flow, loading, shipping and other related activities and parking control on Avenida Fernando. c. Condition No. 20 Amended: Operating hours for all outdoor uses, features, and activities not defined as an Active Water Features, shall be: 8:00 a.m. to 10:00 p.m., except for the formal pool, which shall operate: 7:00 a.m. to 10:00 p.m. The restaurant hours shall be 7:00 a.m. to midnight daily. d. Condition No. 22: There shall be no evening movies between the Monday following Thanksgiving and the 2nd Thursday of March of each year. When permitted, the movies shall end by 10:00 p.m. r.!..\\MDnf'\rCIDf'" AJll.....+......\.,,,(Y'7I'? 1" ('\"1 ......... 12 Planning Commission Minutes February 27. 2007 ROLL CALL: A YES: Commissioners Alderson, Barrows, Daniels, Engle and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. VI. BUSINESS ITEMS: A. General Plan Consistency Finding; Consideration of a finding of General Plan conformity for the City of La Quinta's potential acquisition of property for approximately 29.9 acres of land for the construction and operation of affordable housing and that a portion of the property would be developed for commercial/retail uses for the property located on the south side of Highway 111, east of Dune Palms Road. 1. Chairman Quill opened the Public Hearing. Community Development Director Doug Evans presented the staff report a copy of which is on file in the Community Development Department. 2. There being no discussion, it was moved and seconded by Commissioners Barrows/Alderson to adopt Planning Commission Resolution 2007-012 finding General Plan conformity with the acquisition of the property locilted on the. south side of Highway 111, east of Dune Palms Road, as submitted. ROLL CALL: AYES: Commissioners Alderson, Barrows, Daniels, Engle, and Chairman Quill. NOES: None. ABSENT: None. ABSTAIN: None. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: IX. COMMISSIONER ITEMS: A. Commissioner Daniels stated he would not be able to attend the next meeting. It was moved and seconded by Commissioners Barrows/Alderson to excuse Commissioner Daniels. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Alderson/Engel to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held on March 27, 2007. This meeting of the Planning Commission was adjourned at 10:44 p.m. on March 13, 2007. Respectfully submitted, r..\\A'Dr"\f"\rCIOr I\..;....,+.....\.,rv....,\~ 17 n"7 ...",. 13 - --.-- --.........--- Planning Commission Minutes February 27, 2007 Betty Sawyer, Executive Secretary City of La Quinta, California r...\\A1Dn""'~\D"" 1\,,;.....+.....\')')(\"7\7 1" (\7 .......... ----- 14 --.----------. DATE: CASE NUMBERS: APPLICANT & PROPERTY OWNER: REQUEST: LOCATION: ENVIRONMENTAL CONSIDERATION: ZONING: GENERAL PLAN:. SURROUNDING ZONING AND LAND USES: PLANNING COMMISSION STAFF REPORT MARCH 27, 2007 ENVIRONMENTAL ASSESSMENT 2006-577, SPECIFIC PLAN 2006-074 AMENDMENT #1, AND TENTATIVE TRACT MAP 34642 TRANS WEST HOUSING, INC. CONSIDERATION OF AN AMENDMENT TO THE SPECIFIC PLAN TO ALLOW THE DEVELOPMENT OF A 21,204 SF CLUBHOUSE; AND TENTATIVE TRACT MAP 34642 TO ADD AN ADDITIONAL 90 SINGLE-FAMILY LOTS AND .z.7 ACRES OF LANDSCAPED, RECREATIONAL OPEN SPACE TO THE EXISTING RESIDENTIAL DEVELOPMENT. WEST OF MADISON. STREET, EAST OF MONROE STREET, AND SOUTH OF AVENUE 54 THE LA QUINTA COMMUI\iITY DEVELOPMENT DEPARTMENT HAS PREPARED ENVIRONMENTAL ASSESSMENT 2006-577 FOR SPECIFIC PLAN 2006-074 AMENDMENT #1 AND TENTATIVE TRACT MAP 34642 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. THE COMMUNITY DEVELOPMENT DIRECTOR HAS DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND THEREFORE RECOMMENDS A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT BE CERTIFIED. RVL (VERY LOW DENSITY RESIDENTIAL) WITH EQUESTRIAN OVERLAY VLDR (VERY LOW DENSITY RESIDENTIALl! SPECIFIC PLAN 2006-074 NORTH: RL ! MADISON CLUB! LOW DENSITY RESIDENTIAL ---.------...----. SOUTH: RL / PRIVATE RESIDENCE/ PGA WEST NORMAN COURSE / LQ ESTATES / LOW DENSITY RESIDENTIAL EAST: MONROE STREET / CITY LIMITS /RURAL FARMLAND RL / PGA WEST / LOW DENSITY RESIDENTIAL WEST: BACKGROUND: Formerly the property surrounding the existing estate of Merv Griffin, Griffin Ranch was originally approved by the City Council on January 4, 2004 by means of multiple submittals. Specific Plan 2004-074 and Tentative Tract 32879, the existing residential portions of Griffin Ranch, were approved for 303 single-family lots over approximately 199 acres. The adjacent Saddle Club facility, Conditional Use Permit 06-099 and Site Development Permit 06-866, was approved by the Planning Commission on September 29, 2006. A Site Development Permit application for the project's clubhouse has been submitted and will be brought forward pending Council approval of this Amended Specific Plan. As an equestrian-oriented community, Griffin Ranch was designed with its own private riding trail system and has access to the City's multi-purpose trail system. The property is located within an existing Equestrian Overlay District (EOD) and has internal connectivity to the adjacent Saddle Club. PROJECT PROPOSAL The applicant has acquired I. 45 acres to the east of the existing Griffin Ranch. Tract 32879 and intends to provide an additional 90 single-family lots and I. 7 acres of landscaped, recreational open space to the existing residential development (Attachment 1). Project density will remain under two single-family dwelling units per acre. The new 90 lots will be served by an additional gated entry (for a total of four) and will have direct gated access to the Saddle Club. The applicant also intends to develop a 21,204 SF clubhouse, which is 13,204 SF larger than the 8,000 square foot building the existing Specific Plan allows. The clubhouse is proposed to be located on Lot C at the previously identified site near the Madison Street entrance. In order to accommodate the 90 additional lots and larger clubhouse, the applicant is requesting to amend the Specific Plan (Attachment 2). PROJECT LAYOUT The proposed 90 lots will be accessed via the existing portion of Griffin Ranch and a new unmanned gated entry on Monroe Street. Access from Monroe Street will have full turning movement and is conditioned to require. a traffic signal should future conditions necessitate. Gated access to the Saddle Club will also be provided. Lots will be similar in size to the existing subdivision, ranging from 21,741 to 10,990 square feet. At the center of the project will be 5;38 acres of landscaped park area with a pond and walking path. This park area will also serve a dual use for drainage retention. The proposed street pattern will integrate with existing Griffin Ranch streets and have a circular curvilinear pattern around the central open space. A half-acre CVWD well site will be provided at the northwest corner of the project site. Multi-purpose trails will be integrated into the existing internal and external trail network and are expected to be accessed primarily via the Saddle Club. LANDSCAPING, WALLS, AND MULTI-PURPOSE TRAILS Griffin Ranch landscaping designs previously approved by the Planning Commission will be applied to Tentative Tract 34642. Perimeter landscaping, multi-purpose trail and wall designs were approved under Site Development Permit 2006-848 on January 24, 2006. Individual residential unit landscaping and interior multi-purpose trail designs were approved under Site Development. Permit 2006-876 on November 14, 2006. The proposed amended Specific Plan is consistent with these Site Development Permit approvals and includes their approved exhibits, including plant palates, wall, and trail details. The upcoming clubhouse landscaping is identified in the Specific Plan under Exhibit 37 on Page 66. The applicants are proposing a combination grassy pasture/retention basin detail consisting primarily of turf with desert landscaping along the perimeter. Although the clubhouse design and site plan is identified in the Amended Specific Plan, landscaping and architectural design will be brought forward for approval via a separate Site Development Permit. The landscaped recreational open space at the center of Tentative Tract 34642 known as "Lot B" is the other remaining item of landscaping which has not been approved. The Site Development Permit for "Lot B" will be brought forward with the Clubhouse. The applicants are proposing a series of ponds linked together with small waterfalls, surrounded by decorative turf, a walking path, and desert landscaping around .the perimeter. The design is identified under Exhibit 36 on Page 65 of the Specific Plan. ANALYSIS Tentative Tract Map 34642 The addition of 90 lots to the Griffin Ranch project will be a seamless addition to the existing and approved portions of the project site. Prototypical residential units will consist of those models already approved by the Planning Commission. Landscaping, gates, color palate, building materials, and wall designs will be identical to the existing portions of the project along Avenue 58 and Madison Street. The Monroe Street entry at Firenze Gate has been conditioned to include an applicant-funded traffic signal if conditions are met (per California Manual on Uniform Traffic Control Devices, or MUTCD). All landscaping has been conditioned to be consistent with the previously approved Site Development Permits. Staff has no objection to the clubhouse standards identified in the Specific Plan. Design details regarding the clubhouse will be brought before the Planning Commission for approval. Because perimeter and interior landscaping, model home architecture, wall design, and trail details have all been previously approved, staff has primarily been concerned with a seamless integration of the proposed additional homes. With the recommended Conditions of Approval, the design of Tentative Tract Map 34642 achieves this goal.. Amended Specific Plan The proposed amended Specific Plan is generally consistent with the original. Key differences include accommodation of the 90 lots, allowance of the larger 21,204 SF proposed clubhouse (an increase of 13,204 SF), a reduction to the minimum livable area from 2,800 to 2,500 SF in order to accommodate the previously approved Castilla product line, and a modification to allow the Community Development Director to administratively consider deviations of up to 20% of a given development standard with an appeal to the Planning G,ommission. Staff has no objections to these changes with one exception regarding deviations and substantial conformance. Staff is recommending the applicant reduce and modify the proposed 20% substantial conformance rule referenced on Page 36 of the Specific Plan because it does not allow due process before the City Council or Planning Commission. The following is a breakdown of the substantial conformance rules regarding alterations to the Specific Plan: P.36 "Amendments" Current Rule Proposed Rule Staff Recommends Director Determination: Planning Commission: City Council: 5% or less 5%t010% Greater than 10% 20% As Needed Not Referenced 10% or less 10% to 15% 15% or Greater With this change and the revision of a handful of pages in order to fix typographical errors and better reflect the appropriate development standards, the proposed Amended Specific Plan is consistent with previous approvals and proposed Tentative Tract Map 34642. PUBLIC NOTICE AND COMMENT: This project was advertised in the Desert Sun newspaper on March 1 7, 2007 and osted on City Public Hearing information boards. All property owners within 500 ..______u feet of the site were mailed a copy of the public hearing notice. At the time of the filing of this report, staff has not received any letters or phone calls from the public regarding these proposals. As per SB-18 (2004) consultation requirements, information regarding the proposed Amended Specific Plan was forwarded to those tribes referenced on the tribal consultation list provided by the Native American Heritage Commission. Of the ten tribes notified, the Agua Caliente Band of Cahuilla Indians, Ramona Band of Cahuilla Indians, and Cahuilla Band of Indians responded to the consultation notice. The. Agua Caliente .deferred to other Tribes and had no further comments. The Ramona Band had returned a letter recommending that a Native American monitor be present during graqing and that they be contacted in the event of any findings. The Cahuilla Band (of Anza, CA.) requested consultation last November and was forwarded a copy of the Cultural Resources Report; no further correspondence has been received. Staff has followed up with all Tribes requesting information or . consultation and placed their recommendations for monitoring in the Conditions of Approval. . RECOMMENDATION: 1 . Adopt a Resolution of the Planning Commission recommending a Negative Declaration of environmental impact for Environmental Assessment 2006- 577. 2. Adopt a Resolution of the Planning Commission recommending approval of Specific Plan 2006-074 Amendment #1, pursuant to. the Findings and subject to the attached Conditions of Approval. 3. Adopt a Resolution of the Planning Commission recommending approval of Tentative Tract Map 34642 pursuant to the Findings and subject to the attached Conditions of Approval. Attachments: 1. Tentative Tract Map 34642 2. Specific Plan 2006-074 Amendment #1 * * A vicinity map and supporting exhibits are all available in Attachment 2. Prepared by: a.' ... A~OGENSEN ----- Associate Planner.