2007 06 12 PC
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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
JUNE 12, 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 2007-022
Beginning Minute Motion 2007-009
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 May 22, 2007.
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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 project(s) at the time of the hearing. If. you challenge any project(s)
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 "ublic hearing.
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C.
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D.
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L~cation...........
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CONTINUED - TENTATIVE TRACT MAP 34969 AND SITE
DEVELOPMENT PERMIT 2007-883
East of Madison, LLC
Within the Madison Club, south of Avenue 52, east of
Madison Street, west of Monroe Street
Consideration of a tract map to subdivide an area within
the Madison Club residential project into a Clubhouse site.
Architectural and landscaping plans for a clubhouse,
parking lot, and tennis court
Resolution 2007- and Resolution 2007-
SITE DEVELOPMENT PERMIT 2006'857
Coachella Valley Housing Coalition
Northwest corner of Dune Palms Road and Avenue 48
Consideration of architectural and landscaping plans for
the Dune Palms Neighborhood Community Center
Resolution 2007-
SITE DEVELOPMENT PERMIT 2006-868
REA La Quinta, LLC
North side of Highway 111, west of Jefferson Street
within Jefferson Plaza
Consideration of architectural and landscaping plans for a
5,723 square foot freestanding building
Resolution 2007-
ZONING CODE AMENDMENT 2007-089
City of La Quinta
City-wide
Consideration of an Amendment to Add Section 9.20.050
to Chapter 9.20 ("Zoning Districts") to Prohibit Medical
Marijuana Dispensaries in all Zones
Resolution 2007-
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VI. BUSINESS ITEMS: None.
VII. CORRESPONDENCE AND WRITTEN MATERIAL: None
VIII. COMMISSIONER ITEMS:
A. Review of City Council meeting of June 5, 2007
B. Discussion regarding Commission summer meeting schedule
IX. ADJOURNMENT:
This meeting of the Planning Commission will be adjourned to a Regular
Meeting to be held on June 26, 2007, at 7:00 p.m.
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, June 12, 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, June 8, 2007.
DATE: June 8, 2007
?tCL<-J '0-
J. WYER, Executive 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
c!istribution. 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
MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
May 22, 2007
7:00 P.M.
I. CALL TO ORDER
A. This meeting of the Planning Commission was called to order at 7:02
p.m. by Chairman Paul Quill who asked Commissioner Alderson 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, Planning Manager Les Johnson, Principal
Planner Stan Sawa, Assistant Planner Jay Wuu, 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 May 8,
2007. There being no changes, it was moved and seconded by
Commissioners Barrows/Alderson to approve the minutes as submitted.
Unanimously approved.
V. PUBLIC HEARINGS:
A. Tentative Tract Map 34969 and Site Development Permit 2007-883; a
request of East of Madison, LLC, for consideration of the plans to
subdivide an area within the Madison Club residential project into a
Clubhouse site. Site to include building, parking lot, tennis court, and
landscaping plans' for the Madison Club Clubhouse for the property
located within the Madison Club, south of Avenue 52, east of Madison
Street, west of Monroe Street.
1 . Chairman Quill opened the public hearing and asked for the staff
report. Planning Manager Les Johnson informed the Commission
this item would need to be continued as a new map exhibit was
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Planning Commission Minutes
May 22, 2007
recently introduced to staff. Staff would bring the application
back after issues regarding the map are resolved.
2. There being no further discussion, it was moved and seconded by
Commissioners Daniels/Engle to continue the application to June
12, 2007. Unanimously approved.
BUSINESS ITEMS:
A. Site Development Permit 2006-862; a request of Highland La Quinta, LLC
for consideration of screening for a drive-thru lane for commercial
buildings in Phase 2 of the Dunes Business Park for the property located
on the north side of Highway 111, between Jefferson Street and Dune
Palms Road.
1 . Commissioner Engel stated he had a potential conflict of interest
and excused himself from the dais.
2. Chairman Quill 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.
3. Chairman Quill asked if there were any questions of staff.
Commissioner Alderson asked if the traffic would travel west to
east in both instances. Staff stated yes, because of the location
of the drive-thru windows.
4. Commissioner Daniels asked why the applicant had to obtain
approval from the Riverside County Agricultural Commission for.
the plant palette. Staff stated the Commission verifies that certain
species are not imported into the Valley. Commissioner Daniels
asked if the building on the right had windows facing the east.
Staff stated there are no windows on the east; shrubbery and
trees are planted along this elevation.
5. There being no further questions of staff, Chairman Quill asked if
the applicant would like to address the Commission. Mr. Juan
Galaviz, KKE Architects, stated he was available to answer any
questions.
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2
Planning Commission Minutes
May 22, 2007
6. Chairman Quill asked if there were any questions of the applicant.
,Commissioner Barrows asked if the applicant could use the local
Palo Verde tree instead of what is called out on the plans. Mr.
Galaviz stated he would refer the question to his landscape
architect.
7. There being no further questions of the applicant and no other
public comment, Chairman Quill closed the public participation of
the hearing.
8. There being no further discussion, it was moved and seconded by
Commissioners Alderson/Barrows to adopt Minute Motion 2007-
008 approving Site Development Permit 2006-862, as
recommended and amended:
Condition #3: The applicant shall replace the Cercidilm tree with
the Blue Palo Verde tree.
Unanimously approved.
Commissioner Engel rejoined the Commission.
CORRESPONDENCE AND WRITTEN MATERIAL: None.
COMMISSIONER ITEMS:
A. Staff gave a review of the City Council meeting of May 15, 2007.
Commissioner Daniels stated his concern regarding Council's recent
action to overturn their denial of the water feature on the Hughes tract.
Commissioner Alderson stated he believes it puts staff in an awkward
position to make a determination on something that does not have
definitive Code requirements to base it on. Staff stated they were
working on recommendations to present to the Commission for core
issues that will enable staff to make recommendations early on in the
application process. Chairman Quill stated the Code should identify
whether the use of the water is wise and beneficial in its application.
Commissioner Barrows stated she appreciated staff effort to resolve this
issue.
B. Commissioners asked staff to agendize the summer meeting schedule for.
the next meeting.
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3
Planning Commission Minutes
May 22, 2007
ADJOURNMENT:
There being no further it was moved and seconded by Commissioners Alderson/Daniels
to adjourn this regular meeting of the Planning Commission to a regular meeting to be
held on June 12, 2007. This regular meeting was adjourned at 7:26 p.m. on May 22,
2007.
Respectfully submitted,
Betty Sawyer, Executive Secretary
City of La Quinta, California
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4
DATE:
CASE NUMBER:
APPLICANT:
ARCHITECT:
LANDSCAPE
ARCHITECT:
ENGINEER:
REQUEST:
LOCATION:
ENVIRONMENTAL
CONSIDERATION: '
GENERAL PLAN:
ZONING:
SURROUNDING
LAND USES:
NORTH:
SOUTH:
EAST:
WEST:
PH#A
PLANNING COMMISSION
STAFF REPORT
JUNE 12, 2007
TENTATIVE TRACT MAP 34969
SITE DEVELOPMENT PERMIT 2007-883
EAST OF MADISON, LLC
BAR ARCHITECTS
VITA
RCE CONSULTANTS, INC.
CONSIDERATION OF PLANS TO SUBDIVIDE AN AREA
WITHIN THE MADISON CLUB RESIDENTIAL PROJECT
INTO A CLUBHOUSE SITE. SITE TO INCLUDE BUILDING,
PARKING LOT, TENNIS COURT,. AND LANDSCAPING
PLANS FOR THE MADISON CLUB CLUBHOUSE
WITHIN THE MADISON CLUB; SOUTH OF AVENUE 52,
EAST OF MADISON ST, WEST OF MONROE STREET
THIS PROJECT HAS BEEN PREVIOUSLY ASSESSED IN
CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT
2004-530, WHICH WAS CERTIFIED BY THE CITY
COUNCIL ON FEBRUARY 1, 2005. NO CHANGED
CIRCUMSTANCES OR CONDITIONS ARE PROPOSED
WHICH WOULD REQUIRE THE PREPARATION OF ANY
SUBSEQUENT ENVIRONMENTAL EVALUATION.
LDR (LOW DENSITY RESIDENTIAL)
RL (LOW DENSITY RESIDENTIAL)
GOLF COURSE; RESIDENTIAL LOTS (TR 33076-1)
GOLF COURSE
HUMBOLDT BLVD.; CARMELA (TR 31374)
GOLF COURSE
Page 1 of 7
BACKGROUND:
This proposal was scheduled to be considered at the Planning Commission meeting
of May 22, 2007. However, the item was continued to the present date because .
new information related to the proposal was submitted, which required additional
research. .
The Madison Club, bounded by Avenue 52 and Avenue 53 on the north, Avenue
54 on the south, Madison Street on the west, and Monroe Street on the east,
received Specific Plan approval on February 1, 2005 (SP 99-035 Amendment 1),
and Tentative Tract Map approval on August 2, 2005 (TTM 33076) (Attachment
1). The project area encompasses approximately 472 acres, and consists of custom
single-family detached units, detached villas, and an 18-hole golf course. The
applicant is now proposing to subdivide approximately 24 acres at the intersection
of Meriwether Way and Shackleton Street into the clubhouse site, which includes
tennis courts and a parking lot, and a remainder parcel to be used as the future site
of the Villas at Madison Club (TTM 34969)(Attachment 2).
PROJECT REQUEST:
Tentative Tract Map
The applicant proposes to subdivide approximately 24 acres, which include eight
numbered lots and two lettered lots (Attachment 3). Lot 1, at approximately
217,000 square feet, is the site of the Madison Club Clubhouse. Lot 2, at
approximately 116,000 square feet, is the site of the clubhouse parking lot and
tennis facility. Lots 3 through 7, which average approximately 20,000 square feet
each, are custom residential lots that were subdivided as part of the original
Madison Club tract. map (TR 33076). However, the design of the clubhouse site
results in a reconfiguration of Shackleton Street, which subsequently affects these
five residential parcels. Lot 8, at approximately 600,000 square feet, is the future
site of the Madison Club Villas, a 14-acre project that includes 19 residential lots
and a golf putting course.
The two lettered lots include Lot A, private street Meriwether Way, and Lot B,
private street Shackleton Street. Both Meriwether Way and Shackleton Street
provide vehicular access to and from the clubhouse and parking lot.
Site Development Permit
Clubhouse
Included with this proposal are site, architectural, and landscaping plans for the golf
course clubhouse site. The clubhouse site features a decoratively-paved vehicular
Page 2 of 7
entry courtyard surrounded by three primary clubhouse buildings, which include the
Main Building, Men's Building and Pro Shop, and Women's Building (Attachment 4,
Page LR01 I. The architectural style of all clubhouse buildings is Spanish-
Mediterranean and includes use of rust-colored clay tile roofing, off-white hand-
trowelled stucco walls, numerous columns and archways, and a combination of
arched and casement windows with elaborate grille-work. Balconies, balustrades,
covered patios and arcades, chimney accents, and other design elements provide
architectural articulation to the various building facades.
Each building in the clubhouse site has different interior functions and
characteristics. The two-story Main Building, at approximately 10,075 square feet,
houses the main restaurant and lounge. The first floor features the kitchen, the main
dining room and lounge, and private dining areas. An elevator and stairwell leads to
the second floor, which includes another private dining area, a cinema screening
room, and the administration offices for the clubhouse (Attachment 4, Page AR01-
AR02). The Main Building, at the highest roof ridgeline, is approximately 35 feet in
height (Attachment 4, Page AR11).
The .four-story Men's Building and two-story Pro Shop combined are approximately
16,655 square feet. The lower floor of the Men's Building, which for the most part
is below grade, includes the golf cart parking area, and numerous maintenance
rooms, offices, and storage areas (Attachment 4, Page AR03). The main floor
includes a bar and lounge, the men's locker room, and a wet area that contains
shower facilities, lavatories, and hot/cold plunges (Attachment 4, Page AR04). An
exterior stairway and interior elevator provides access to the second and third
floors. These floors house a total of five residential units, four on the second floor
and one on the third floor. Each unit has a dining/living area, a bedroom and
bathroom, and a view balcony (Attachment 4, Page AR05-AR06). A covered
passageway connects the first floor of the Men's Building to the Pro Shop, which
contains a retail area, storage room, and an office. The below-grade lower floor of
the Pro Shop is also connected to the lower floor of the Men's Building by a
circulation corridor. The height of the Men's Building at the highest roofline is
approximately 44 feet, and 48.5 feet at the top of the tallest chimney, measured
from the main level. The height of the Pro Shop is approximately 17'-9" from the
top of grade facing the motor courtyard, and 30'-9" from the top grade facing the
recessed loading dock (Attachment 4, Page AR14-AR15).
The two-story Women's Building, including the pool and spa area, is approximately
12,400 square feet. The lower floor of the Women's Building consists mainly of a
fitness center and movement center. A staircase and elevator leads up to the first
floor, which includes a locker room, restroom facilities, numerous treatment rooms
and gardens, a salon, and a lounge (Attachment 4, Page AR07-AR08). Outside of
the Women's Building is the clubhouse swimming pool/spa/event lawn area. Located
adjacent to the spa are two pool pavilions. One pavilion, the pool bar, consists of a
Page 3 of 7
___m.....
bar and storage areas. The other pavilion is two-stories, with pool equipment
storage located on the lower floor and toilet facilities located on the upper first floor
(Attachment 4, Page AR09). Similar to the Pro Shop, the Women's Building is
situated on multiple grades. The height of the building as seen from the highest
grade, where the motor entrance courtyard is located, ranges from approximately
17 feet to 21 feet. The height of the building as seen from the lower grade, nearest
to the pool area, is approximately 36 feet. The height of the two pool pavilions, as
seen from the pool/spa/event lawn area, are approximately 12'-9" each (Attachment
4, Page AR17-AR18).
Parking Lot & Tennis Courts
The clubhouse parking lot is located adjacent to the clubhouse site (Attachment 4,
Page LR04). A total of 143 parking spaces, including five ADA parking spaces, are
provided. Access to the clubhouse is through a paved walking path. However, most
patrons are expected to valet park their vehicle in the entrance courtyard. On the far
end of the parking lot are two tennis courts. The courts are unlit, and are screened
by the typical green tennis fencing.
Landscaping
Landscaping throughout the clubhouse site is plentiful and is designed to
complement the architecture of the various clubhouse buildings (Attachment 4,
. Page LR02-LR07). Mostly utilized around the clubhouse site are various dense
hedges and shrubs, with minimal use of turf, which has been limited to a lawn area
outside the Women's Building and the clubhouse site event lawn area. The use of
numerous Date Palms, Mexican, Mediterranean, and California Fan Palms
sufficiently reflect the Spanish-Mediterranean architecture,. while providing proper
screening and accel1ts. Other tree plantings include Figs and Citrus Trees, from 36"
up to 108" box size. In general, the diverse plant material palette for the clubhouse
site is characterized by low water and minimal-maintenance plants.
Walls, fences, and gates throughout the clubhouse site have several different
design elements (Attachment 4, Page LR08). The various walls include a standard
stucco wall, service court wall, and freestanding walls. Wall heights in the
submittal have been identified as being a maximum of six feet. At this time, a
detailed wall location map has not been submitted, as well as wall elevations. The
service entry gate, located near the Pro Shop service area, is designed with a
timber gate frame, decorative bolts, and a laser cut metal screen. The entry gate is
complemented with dense shrubs and hedges, and canopy/accent trees. The gate
and landscaping effectively screens the trash enclosure and service areas.
Page 4 of 7
ANALYSIS:
Tentative Tract Map
The design of proposed Tentative Tract Map 34969, as conditioned, is generally
consistent with the City of La Quinta General Plan and the Madison Club Specific
Plan in that its street and lot design are in conformance with applicable goals,
policies, and development standards, and will provide adequate circulation,
infrastructure and utilities.
In keeping with the City's General Plan and The Madison Club Specific Plan
consistency, both Meriwether Way and Shackleton Street are proposed to be 28
feet wide, with restricted parking. Minimal deviation from the previously-approved
street configuration as part of Tentative Tract Map 33076 includes the widening of
Shackleton Street from 20 feet to 28 feet, and connecting the two streets to allow
through access. The design of the proposed streets allow for adequate access to
and from the clubhouse site and parking lot, the residential units along Shackleton
Street, as well as acceptable circulation for delivery and service vehicles for the
clubhouse.
Site Development Permit
Staff finds that the overall architectural style and design of the proposed clubhouse
site to be acceptable. Staff has no issues with the proposed clubhouse buildings,
parking lot/tennis court area, and landscaping palette, as they are appropriate and
well-designed.
The clubhouse buildings, including the Pro Shop, Pool Pavilions, and the
Pool/Spa/Event Lawn area, are designed such that they serve as a symbolic
landmark within the Madison Club. The arrangement and orientation of the
clubhouse buildings capitalize on the golf course and mountain views, while being
adequately set back and screened from nearby residential units. Additionally, the
clubhouse buildings are over 1 ,000 feet away from the. nearest property line of
adjacent residential development Carmela to the east, and over 1,500 feet away
from Rancho Santana to the north, resulting in a minimal visual impact. Located
between Carmela and the proposed clubhouse are residential lots, and the future
Villas site. Located between Rancho. Santana and the clubhouse are numerous
residential lots, and golf course/open space.
The Spanish-Mediterranean architecture and layout of the clubhouse buildings are
generally consistent with the development guidelines given in the approved Specific
Plan for The Madison Club. Although the height (44 feet) and number of stories (3,
excluding basement) may seem disproportional to the surrounding land uses, the
proposal complies with the development standards given in the Specific Plan
Page 5 of 7
(Attachment 5). Specifically, because the Men's Building and Main Building share
common roof area, the clubhouse is in compliance with the development standard
that allows ten percent (10%) of the roof area to exceed 40 feet in height.
Additionally, the five residential units within the Men's Building is an allowable use
as stated in the approved Specific Plan, and each individual unit provides for future
ADA-accessibility requirements and includes adequate cooking facilities as required
. by the La Quinta Municipal Code and California Building Code (Attachment 7).
The parking lot and tennis court area is also acceptable. The parking lot is designed
with a clear separation of vehicular and pedestrian circulation, and also provides
sufficient screening from the neighboring golf course and residential units. The
proposal provides for 143 parking spaces, which well exceeds the 11 6 parking
spaces required in the Specific Plan. Additionally, with the exclusion of lighting, the
tennis courts are limited to daytime use, thereby minimizing any visual impact on
the surrounding area.
In general, the landscape palette presented is acceptable (Attachment 6).. The
proposed species of plants, which are taken from the approved plant list in the
Specific Plan, provide diversity, while having the characteristics of being low water
users. Canopy and accent trees are fully utilized in complementing the architecture
and layout of the clubhouse site. Thorough use of shrubs and groundcover
effectively screens trash enclosures, parking areas, and other project areas.
ALRC Action
On April 4, 2007, the Architecture and Landscape Review Committee reviewed
these architectural and common area landscaping plans, and unanimously
recommended approval of the Site Development Permit, subject to the following
staff-recommended Condition of Approval:
1 . Final landscape plans for on-site planting shall be reviewed by the ALRC
and approved by the Community Development Director prior to issuance
of first building permit. Final plans shall include all landscaping
associated with this project.
Public Notice
This project was advertised in The Desert Sun newspaper on May 13, 2007, and
mailed to all property owners within 500 feet of the site. To date, no comments
have been received from adjacent property owners. Any written comments
received will be handed out at the meeting.
Page 6 of 7
FINDINGS
Findings necessary to recommend approval of Tentative Tract Map 34969 and Site
Development Permit 2007-883 can be made and are contained in the attached
Resolutions.
RECOMMENDATION
1. Adopt Planning Commission Resolution 2007-_, recommending to the
City Council approval of Tentative Tract Map 34969, subject to the
attached Findings and Conditions of Approval; and,
2. Adopt Planning Commission Resolution 2007-_, recommending to the
City Council approval of Site Development Permit 2007-883, subject to
attached Findings and Conditions of Approval.
Attachments:
1. Vicinity Map
2. Location Map
3. Tentative Tract Map 34969
4. ALRC Submission Set (booklet)
5. Madison Club Specific Plan Clubhouse Development Standards
6. Updated Landscape Legend/Schedule
7. Revised Conceptual Residential Unit Kitchen Layout
8. ALRC Minutes of April 4, 2007
Page 7 of 7
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DATE:
CASE NUMBER:
APPLICANT:
ARCHITECT:
LANDSCAPE
ARCHITECT:
REQUEST:
LOCATION:
ENVIRONMENTAL
CONSIDERATION:
GENERAL PLAN:
ZONING:
SURROUNDING
LAND USES:
NORTH:
SOUTH:
EAST:
WEST:
PHIS
PLANNING COMMISSION
STAFF REPORT
JUNE 12, 2007
SITE DEVELOPMENT PERMIT 2006-857
COACHELLA VALLEY HOUSING COALITION
INTERACTIVE DESIGN GROUP
RGA LANDSCAPE ARCHITECTS, INC.
CONSIDERATION OF ARCHITECTURAL AND
LANDSCAPING PLANS FOR THE DUNE PALMS
NEIGHBORHOOD COMMUNITY CENTER
NORTHWEST CORNER OF DUNE PALMS ROAD AND
AVENUE 48
THIS PROJECT HAS BEEN PREVIOUSLY ASSESSED IN
CONJUNCTION WITH ENVIRONMENTAL ASSESSMENT
2004-524 FOR SPECIFIC PLAN 97-011, AMENDMENT
NO.3 FOR THE CENTRE AT LA QUINTA SPECIFIC PLAN
AND COMPLETED AN ADDENDUM TO ENVIRONMENTAL
ASSESSMENT 2004-524 FOR SITE DEVELOPMENT
PERMIT 2005-824. NO CHANGED CIRCUMSTANCES OR
CONDITIONS ARE PROPOSED WhllCH WOULD REQUIRE
THE PREPARATION OF ANY SUBSEQUENT
ENVIRONMENTAL EVALUATION PURSUANT TO PUBLIC
RESOURCES CODE SECTION 21166.
RC (REGIONAL COMMERCIAL)
CR (REGIONAL COMMERCIAL)
SAM'S CLUB
AVENUE 48; RANCHO LA QUINTA
DUNE PALMS ROAD; DSUSD OFFICE
WATERCOLORS
Page 1 of 5
BACKGROUND
The Dune Palms Neighborhood apartment complex, located at the northwest corner
of Dune Palms Road and Avenue 48, received Specific Plan and Site Development
Permit approval on April 4, 2006 (SP 2006-078, SDP 06-857) (Attachment 1).
The currently vacant project area, which encompasses approximately 14.8 acres, is
approved to be developed into a :t 220-unit affordable high-density apartment
complex (Attachment 2). The original Site Development Permit approval focused
on the residential units, and identified plans for the Community Building would be
submitted at a future date for review and approval. For this meeting, the applicant
is requesting consideration of the structure and design of the Community Building,
as well as associated landscaping plans.
PROJECT REQUEST
Community Building:
Included with this proposal are plans for the approximately 8,352 square foot
Community Building, which includes a neighborhood community center, childcare
center, and pool area (Attachment 3, Sheet A1). Vehicular access to the project
site is off of the central driveway leading from Dune Palms Road. Pedestrian
pathways are also provided throughout the complex that connect the Community
Building to the apartment units. A total of seven parking spaces are proposed,
including two ADA-accessible spaces, which complies with. the number of spaces
required in the Specific Plan.
The Community Building, like the apartment units, has been designed to reflect a
Mission Revival architectural style, and includes use of red clay S-tile roofing, off-
white hand-trowelled stucco walls, French doors, aluminum-framed arched
windows, and round concrete columns. Strategically-placed decorative metal bars,
covered patios, and other design elements provide architectural articulation to the
various building facades (Attachment 3, Sheet A3). The proposed gable-styled
roofs have pitches at 3 y.: 12 (Attachment 3, Sheet A2).
The Community Building features two facilities that share a common wall, with each
facility having different interior functions and characteristics. The two-story
community center; at approximately 3,573 square feet, features a large
lobby/reception area, computer lab, meeting room, large community room, kitchen
facilities, and an office (Attachment 3, Sheet A 1). The community center also
houses the Manager Unit and includes a community pool area. An exterior entrance
and stairwell at the rear (north side) of the community center leads to the 1,466
square foot second-story Manager Unit, which includes three bedrooms, two
bathrooms, and two balconies (Attachment 3, Sheet A 1). The community center
facility, at the highest ridgeline, is approximately 24 feet in height (Attachment 3,
P:.nA , nf !;
Sheet A3). The community pool area, located adjacent to the community center
facility, includes shaded arcade areas, storage space, and restroom facilities
(Attachment 3, Sheet A 1).
The other facility within the Community Building consists of a childcare center. The
approximately 3,313 square foot child care center features a lobby/reception area,
an office, kitchen facilities, a large classroom area, andr an approximately 2,200
square foot outdoor play area. A shaded outdoor arcade area with ceiling fans is
also provided outside of the childcare facility (Attachment 3, Sheet A 1). The height
of the childcare facility, at the highest ridgeline, is approximately 15 feet
(Attachment 3, Sheet A3).
Landscaping:
The landscape plan for the Community Building identifies a plant palette consisting
of trees, shrubs, and groundcover consistent with what was approved as part of
the original Site Development Permit and Specific Plan (Attachment 3, Sheet 11).
Landscaping throughout the Community Building facilities is plentiful and designed
to complement the architecture of the building.
The applicant proposes the use of Tipu trees, Purple Leaf Plum trees, a variety of
. small and large accent shrubs, and groundcover within the landscape setback along
Dune Palms Road and in areas immediately surrounding the Community Building.
Mexican Fan Palms are proposed to be used in the pool area, and vines such as
Bougainvillea and Cape Honeysuckle are proposed to be utilized on the fencing
throughout the project site. A cobble walkway provides pedestrian access from
Dune Palms Road into the complex. Raised planters, colored concrete, and
enhanced paving are proposed to delineate all courtyards, pathways, patios, and
pool decking. The applicant is also proposing landscape lighting at various
locations throughou't the project site (Attachment 3, Sheet 11). Low wattage path
lights are proposed to be placed a various locations around the building. Up-
lighting of the trees around the project site are done with a low wattage
fluorescent up-light. Walls are proposed to be lit up using low wattage wall
washers placed around the pool and outdoor lawn areas (Attachment 3, Sheet 11 -
12).
Walls, fences, and gates throughout the Community Building site have several
different design elements. A maximum five-foot high meandering perimeter
concrete masonry unit (CMU) wall is proposed along Dune Palms Road; the precise
location of this wall will be dependent upon a final grading plan and noise impacts
considerations. The same CMU wall also runs the interior of the project site at a
maximum of six-feet in height along the play area, and also adjacent to the pool
area along with a five-foot high pool fence. The fences and landscaping together
effectively screen the pool area and outdoor play area (Attachment 3, Sheet A4).
P,mp. ~ of !=i
ANALYSIS
Staff finds that the overall architectural style and design of the proposed
Community Building to be acceptable. Staff has no significant issues with the
proposed community center, childcare center, community swimming pool, an,d
landscape palette, as they are appropriate and well-designed. The Mission Revival
architecture and layout of the Community Building is compatible with the
development guidelines given in the approved Specific Plan for the Dune Palms
Neighborhood. Staff is recommending the applicant install additional solar
protection measures, such as the awnings approved for the apartment units as part
of the original Site Development Permit, for the three Manager Unit bedroom
windows on the' second-story of the west-facing building elevation, and two
kitchen/living room windows on the second-story of the east-facing building
elevation. The remaining Community Building windows are either adequately
shaded or located in a minimally-used space.
The Community Building facility is also designed with an adequate separation of
vehicular and pedestrian circulation, and also provides sufficient screening from
Dune Palms Road and neighboring residential units. Additionally, the strategic
placement and minimal use of outdoor landscape lighting results in a safe and
secure environment, while having a minimal visual impact on the surrounding areas.
In general, the landscape palette presented is acceptable. the proposed species of
plants, which are taken from the approved plant list in the Specific Plan, provide
diversity, while having the characteristics of being functional and low water users.
Canopy and accent trees are fully utilized in complementing the architecture and
layout of the Community Building. Thorough use of shrubs and vines effectively
screens trash enclosures, parking areas, and other project aspects.
ALRC Action
On May 23, 2007, the Architecture and Landscape Review Committee reviewed
these architectural and common area landscaping plans, and unanimously
recommended approval of the Site Development Permit, subject to the following
Conditions of Approval:
1 . Final landscape plans for on-site planting shall be reviewed by the ALRC and
approved by the Community Development Director prior to issuance of first
building permit. Final plans shall include all landscaping associated with this
project.
2. The applicant shall remove Yellow Oleander from the landscaping palette and
replace it wit,h another larger shrub.
P"'l'1,,4nf ~
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3. The applicant shall replace the proposed up-lighting fixtures with an
alternative fixture' less susceptible to damage and maintenance issues.
4. The applicant shall install a misting system in the shaded arcade near the
outdoor play area in the child care center.
Public Notice
This project was advertised in The Desert Sun newspaper on June 1, 2007, and
mailed to all property owners within 500 feet of the site. To date, no comments
have been received from adjacent property owners. Any written comments
received will be handed out at the meeting.
FINDINGS
Findings necessary to recommend approval of the Community Building architectural
and landscaping plans for Site Development Permit 2006-857 can be made, and
are contained in the attached Resolution.
RECOMMENDATION
1. Adopt Planning Commission Resolution 2007-_, 'recommending to the
City Council approval of the Community Building architectural and.
landscaping plans for Site Development Permit 2006-857, subject to the
attached Findings and Conditions of Approval.
Prepared by:
Attachments:
1. Vicinity Map
2. Dune Palms Neighborhood Site Plan
3. Community Building Submittal Packet
4. ALRC Minutes of May 23, 2007
Page 5 of 5
i
ATTACHMENT 4
MINUTES
ARCHITECTURE & LANDSCAPING REVIEW COMMITTEE MEETING
A Special meeting held at the L.,a Quinta City all
78-495 Calle Tampico, La Quinta, CA
10:00 a.m.
May 23, 2007
I. CALL TO ORDER
A. This special meeting of the Arc tectural and Landscaping Review
Committee was called to order a 10:30 a.m. by Planning Manager Les
Johnson.
A. moved and seconded by Committee Members
Bo itt/Christopher to approve the minutes of May 2, 2007 as
mitted. Unanimously approved.
B.
Committee Members
Tracy Smith.
Bill Bobbitt, Frank Christopher, and
C. Staff present: Plan . g Manager Les Johnson, Assistant Planner Jay
Wuu, and Executi Secretary Betty Sawyer.
II. PUBLIC COMMENT:
III.
CONFIRMATION
Confirmed
IV.
V. BUSINESS ITEMS:
A.
Site Development Permit 2006-857; a request of Coachella Valley
Housing Coalition for consideration of building and landscaping plans
for the Dune Palms Neighborhood Community Center located at the
northwest corner of Dune Palms Road and Avenue 48.
7
1. Assistant Planner Jay WUl.l presented the.information contained
in the staff report, a copy of which is on file in the Community
Development Department. Staff introduced Martin Brunner, and
Ron Gregory, of Ron Gregory Landscape Architects, who gave a
presentation on the project. '
l
Architecture and Landscaping Review Committee
May 23, 2007
2. Committee Member Christopher asked what materials would be
. used for the awning. Mr. Brunner stated there were two types
of materials.
3. Committee Member Bobbitt asked about the Tipawana tree.
Mr. Gregory stated they had no objection to changing the tree
type. Committee Member Bobbitt suggested the trees be
switched around. He also asked about the low-voltage lighting
. and whether the cables would be installed deep enough to keep
them from being cut during maintenance. It is best to run them
. on the perimeter along the hard surfaces, in conduit, or at least
12 inches down. Another suggestion would be to run the
,control wires at the same time the trenches are being dug.
4. Committee Member Smith stated it would probably depend on
. how many are being installed. He would recommend that well
lights be used to alleviate these problems.
5. Committee Member Bobbitt suggested that if they use the well
lights that they have the formed concrete casing to' protect
them.
6. Committee Member Smith asked why the lawn area did riot
hkIve shade trees. Mr. Martin stated the play area had not been
defined. yet. Committee Member Smith asked that the covered
patio have commercial grade misters and four or five shade
trees. Take the yellow oleander poisonous trees off the list.
7. There being no further questions, it was moved and seconded
by Committee Members Christopher to adopt Minute Motion
2007-011 recommending approval of Site Development Permit
2006-857, as recommended by staff and amended as follows:
a'. Yellow oleander tree replaced.
b. A misting system shall be added to the patio.
c. A modified well light fixture be submitted for staff
approval.
Unanimously approved
VI. CORRESPONDENCE AND WRITTEN MATERIAL: None
VII. COMMITTEE MEMBER ITEMS:
2
DATE:
CASE NO:
APPLICANT:
ARCHITECT:
LANDSCAPE
ARCHITECT:
REQUEST:
LOCATION:
PH#C
PLANNING COMMISSION
STAFF REPORT
JUNE 12, 2007
SITE DEVELOPMENT PERMIT 2006-868
REA LA QUINTA, LLC
KKE ARCHITECTS
CUMMINGS CURLEY AND ASSOCIATES, INC.
REVIEW OF ARCHITECTURAL AND LANDSCAPING PLANS FOR
A 5,723 SQUARE FOOT FREESTANDING BUILDING
. NORTH SIDE OF HIGHWAY 111, WEST OF JEFFERSON
STREET IN JEFFERSON PLAZA
ENVIRONMENTAL
REVIEW: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT
HAS DETERMINED THAT THE REQUEST HAS BEEN
PREVIOUSLY ASSESSED IN CONJUNCTION WITH
ENVIRONMENTAL ASSESSMENT 96-325 PREPARED FOR
SPECIFIC PLAN 96-027 WHICH WAS CERTIFIED BY THE CITY
COUNCIL. NO CHANGED CIRCUMSTANCES OR CONDITIONS
. ARE PROPOSED, OR NEW INFORMATION HAS BEEN
SUBMITTED WHICH WOULD TRIGGER THE PREPARATION OF A
SUBSEQUENT ENVIRONMENTAL REVIEW PURSUANT TO
PUBLIC RESOURCES CODE SECTION 21166.
ZONING: CR (REGIONAL COMMERCIAL)
GENERAL PLAN
DESIGNATION: M/RC (MIXED REGIONAL COMMERCIAL)
SURROUNDING
ZONING AND
LAND USES:
NORTH:
SOUTH:
EAST:
WEST:
FP I FLOOD CONTROL CHANNEL
. CR I RETAIL CENTER
CR I RETAIL CENTER
CR I RETAIL CENTER UNDER CONSTRUCTION
P:\Reports - PC\2007\6- 1 2-07\sdp 2006-868 REA lOlsdp 2006-868 pc rpl.doc
BACKGROUND:
The project site is within Jefferson Plaza on the north side of Highway 111
(Attachment 1). This center has been constructed in phases by different
developers and consists of IHOP and Home Depot to the east and Jack-in the-Box
to the west. Immediately to the north is a 58,300 square foot building containing
99e:: Cents Only, Smart and Final, and other smaller shops recently constructed by
the same developer as the current applicant. Vehicular access to the building is
through existing parking lot improvements on the north side of the building.
PROJECT PROPOSAL AND DISCUSSION:
Proposed is a 5.723 square foot freestanding building adjacent to Highway 111
between Jack-in-the-Box and IHOP on its own parcel (Attachment 2). The parking
lot improvements surrounding the unimproved building and parking site have been
installed. Additionally, the Highway 111 parkway improvements have been
installed with Phase 1. Jack-in-the-Box and IHOP are on individual parcels and
were constructed a number of years ago by other developers not associated with
this applicant.
The building is designed similar to the existing Smart and Final/99e:: Only shop
structure to the north in the same center. Colors and materials will match the first
phase construction. The building uses complementary colors on different building
planes of the walls.' Dark green awnings will be provided over most windows and
recessed openings on all sides of the building.
The flat roof structure is a maximum 22' high with one flat roof tower on the
southwest corner of the building at 26' high. Enclosed are pictures of the existing
Smart and Final/99e:: only shop structure for reference (Attachment 3).
The trash enclosure to the west side of the building will be plastered and painted to
match one of the building plaster colors and provided with a solid metal door.
A preliminary landscaping plan has been submitted. This plan has been prepared
by the Landscape Architect who prepared the Smart.& Final/99e:: Only area plans.
It uses the same plants and design concept used in the adjacent first phase to the
north. Although the Highway 111 parkway has been previously planted, it will
need to be revised due to the requirement to provide a deceleration lane into the
center and widening of the driveway into the center on the, west end of the site.
This will necessitate revisions to the existing landscaping improvements and
monument sign.
The center has been developed in phases with each providing adequate parking
spaces to comply with the Code requirements. The most recent and largest phase
was the 58,365 square foot inline building to the north containing Smart and Final
and 99e:: Only. The phase required 233 spaces and 275 spaces are provided. This
building requires 23 spaces and 29 are provided within the parcel boundaries.
P:\Reports - PC\2007\6- 1 2-07\sdp 2006-868 REA lOlsdp 2006-868 pc rpl,doc
A sign program has been approved for the center and will apply to this building.
ANALYSIS:
The ar,chitectural design of the building is compatible with the center construction
to the north. Although the structure is flat-roofed, the building is provided with
vertical and horizontal plane articulation, color variation and overhanging awnings
and arcades. The building provides acceptable building articulation and shade
protection over glass areas.
The landscaping is compatible with the existing center and Highway 111 frontage
landscaping, attractively designed and utilizes water efficient plants.
The monument sign will need to be relocated due to the widening of the driveway
to align with the Costco driveway to the south. If excessively damaged when it is
relocated, the monument sign will need to be re-designed' and approved by the
Community Development Director. Due to its location and perimeter planting, the
s,ign may be partially obstructed for traffic traveling west on Highway 111.
ARCHITECTURE AND LANDSCAPING REVIEW COMMITTEE:
The Architecture and Landscaping Review Committee (ALRC) reviewed this request
at their meeting of May 2, 2007 (Attachment 3) and recommended approval of the
architectural and landscaping plans, subject to the following conditions:
1 . A vine shall be provided on the west side of the trash enclosure.
2. Provide substitute plant for Ocotillo (Fouquieria splendens) on east side of
building because plant requires full sun.
3. Shrubs on north side of building shall have open branching characteristics
and maximum 3' height to ensure traffic visibility.
4. The Chilean Mesquites shall be replaced with an alternate deep rooting
canopy tree appropriate for parking lots.
5. Sod rather than stolons shall be used in turf areas. The turf at the east end
of the perimeter area shall be shaped to blend in with any turf to the east..
6. Bollard lighting shall be provided along the Highway 111. meandering
sidewalk per City specifications and requirements. Plan for fixtures and
lighting shall be approved by the Community Development Director prior to
issuance of building permit.
7. If the existing monument sign is damaged to the extent that the repair costs
is 50% or more of its value, said sign shall be re-d~signed with the new
design approved by the Community Development Director.
P:\Reports - PC\2007\6-12-07\sdp 2006-868 REA lOlsdp 2006-868 pc rpl,doc
8. Final landscaping and irrigation plans (and precise grading plans relevant to
landscape areas) shall be prepared by a licensed landscape professional and
shall be reviewed by the ALRC and approved by the Community
Development Director prior to issuance of the first building permit. An
application for Final Landscape Plan Check shall be submitted to the
Community Development Department for final landscape plan review. Said
plans shall include all landscaping associated with this project, including
perimeter landscaping, and be in compliance with Chapter 8.13 (Water
Efficient Landscaping) of the Municipal Code. The landscape and irrigation
plans shall be,approved by the Coachella Valley Water District and Riverside
County Agriculture Commissioner prior to submittal of the final plans to the
Community Development Department.
NOTE: Plans are not approved for construction until signed by the
Community Development Director.
PUBLIC NOTICE:
These applications were advertised in the Desert Sun newspaper on June 2, 2007.
All property owners within 500 feet of the site were maile~ a copy of the Public
Hearing notice as required by the La Quinta Municipal Code.. As of this writing, no
comments have been received.
SITE DEVELOPMENT PERMIT FINDINGS:
The findings neede~ to approve this Site Development Permit, as stipulated in the
Zoning Code, can be made as noted in the attached Resolution, subject to the
, .
Conditions of Approval.
RECOMMENDATION:
1. Adopt Planning Commission' Resolution 2007- approving Site
Development Permit 2006-868, subject to the attached' Conditions of
Approval.
Attachments:
1. Location Map
2. Development Plans
3. Minutes of Architecture and Landscaping. Review Com'mittee meeting of May
2, 2007
Prepared by:
/
~~~-
Stan Sawa, Principal Planner
P:IReports - PC\200716-12-07Isdp 2006-868 REA lQIsdp 2006-868 pc rpl,doc
PH#D
!
PLANNING COMMISSION
STAFF REPORT
DATE:
JUNE 12, 2007
ZONING CODE AMENDMENT 2007-089
CASE NO:
APPLICANT:
CITY OF LA QUINTA
REQUEST:
CONSIDERATION OF AN AMENDMENT TO THE MUNICIPAL
CODE, ADDING SECTION 9.20.050 TO CHAPTER 9.20
("ZONING DISTRICTS") TO PROHIBIT MEDICAL MARIJUANA
DISPENSARIES IN ALL ZONES
LOCATION:
CITY-WIDE
ENVIRONMENTAL
REVIEW: THE PROPOSED ORDINANCE IS EXEMPT FROM THE
PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT PURSUANT TO TITLE 14 CALIFORNIA CODE OF
REGULATIONS SECTION 15061 (B)(3) BECAUSE THE
PROPOSED ORDINANCE INVOLVES A PROACTIVE MEASURE
TO PROHIBIT MARIJUANA DISPENSARIES AND THERE IS NO
POSSIBILITY THAT ITS ADOPTION WOULD HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT.
BACKGROUND:
Pursuant to Municipal Code section 9.220.010.D.2, the Planning Commission is
required to forward a recommendation to the Council on zoning code amendments.
Therefore, this proposed Ordinance is being presented to the Planning Commission
for review prior to consideration by the City Council.
Staff is presenting these amendments for City Council consideration to establish a
clear prohibition on medical marijuana dispensaries in La Quinta. Generally
speaking a medical marijuana dispensary is a facility or location that provides,
makes available or distributes medical marijuana to a primary caregiver, a qualified
patient, or a person with an identification card, in accordance and as defined in
California Health and Safety Code Section 11362.5 et seq.
Presently, to the knowledge of staff, there are no medical marijuana dispensaries
operating in the City and the City's Zoning Code does not permit medical marijuana
facilities in any zoning designation (however, there is no express prohibition either).
__...~....,___ ...11
Given that some jurisdictions in the Coachella Valley have observed a rise in the
operation of these facilities, staff has brought this matter to the Planning
Commission and Council for consideration so that a proactive action can be taken
to establish a clear policy.
California law generally prohibits the possession, cultivation, sale, transportation
and distribution of marijuana. (Health & Safety Code B 11357,11358,11359,
11360, 11361, 11366, 1136.5.) Accordingly, unless medical marijuana
dispensaries fall within an exception to these laws, their operations plainly'violate .
California law (and, as discussed below, federal law). In November of 1996,
California Voters approved Proposition 215, also termed the "Compassionate Use
Act of 1996," which is codified at Health & Safety Code Section 11362.5.
Section 11362.5 creates an exception to California's laws against the possession
and cultivation of marijuana for "seriously ill" Californians who have received a
doctor's recommendation, and for their "primary caregivers."
In February of 2003, the California Legislature enacted SB 420, which added
several medical marijuana-related provisions to the Health & Safety Code
section 11362.7 et seq to amend and clarify the Compassionate Use Act. (Health
& Safety Code !i 11362.7, Legislative Notes.)
UnderSB 420 medical marijuana dispensaries must be licensed with the State as a
health clinic or health facility; and must consistently assume responsibility for each
of its customers' health and safety in order to be considered a "primary caregiver"
and fall within the protections of Section 11362.7. In addition, a medical
marijuana dispensing facility is not authorized to engage in for profit sales of
marijuana. Thus, because of these requirements it is likely that many medical
marijuana operations in the State are operating illegally.
Aside from State law, the federal Controlled Substances Act (21 U.S.C. !i 801 et
seq.) prohibits the manufacture, distribution, and possession of various controlled
substances, including marijuana. (See United States v. Oakland Cannabis Buyers'
Cooperative (2001) 532 U.S. 483, 486.) Specifically, the Controlled Substances
Act provides that "except as authorized by this subchapter, it shall be unlawful for
any person knowingly or intentionally . . . to manufacture, distribute, or dispense,
or possess with intent to manufacture, distribute, or dispense, a controlled
substance." (21 U.S.C. !i 841 (a)(1).
The United States' Supreme Court has ruled that the federal Controlled Substances
Act does not contain any "medical necessity" exception that would permit the
manufacture, distribution, or possession of marijuana for medical purposes, which
is what California's Compassionate Use Act purports to accomplish.
_.,~_'________._.""'__._"'.._U"'II'----"'I!
The proposed resolution (Attachment 1) and subsequent ordinance for City Council
consideration, which completely bans medical marijuana dispensaries in all zones,
do not violate the Compassionate Use Act or SB 420 and' complies with federal
law. Notably, Health & Safety Code section 11362.83 provides that "Nothing in
this article shall prevent a city or other local governing body from adopting and
enforcing laws consistent with this article." Nothing in the "article" referenced
requires that cities allow dispensaries to operate within their jurisdiction; as a
result, the ordinance would not be inconsistent with the Compassionate Use Act.
Indeed, state planning and zoning law generally permits a city to exclude a
particular type of use (especially where, as here, the use is not presently being
operated). Accordingly, the Compassionate Use Act does not prohibit the City of
La Quinta from adopting a ban on medical marijuana facilitates within the City.
A number of other. cities and counties (including Riverside County) have adopted
total prohibitions on the operation of medical marijuana distribution facilities. Such
jurisdictions have relied on the fact that federal law totally precludes such facilities
and the fact that nothing in the Compassionate Use Act requires cities to allow
medical marijuana dispensing facilities to operate within their jurisdiction.
Additionally, such jurisdictions have relied on the negative effect of medicinal
marijuana dispensaries on the health and safety of the community.
In this case, both the federal prohibition and the fact that the Compassionate Use
Act does not requite cities to approve dispensaries are sufficient reasons for the
City to adopt this Zoning Code Amendment.
ENVIRONMENTAL DETERMINATION
. The proposed Amendment is exempt from the provIsions of the California
Environmental Quality Act pursuant to Title 14 California Code of Regulations
section 15061 (b)(3) because the proposed Ordinance involves a proactive measure
to prohibit marijuana dispensaries and there is no possibility that its adoption would
have a significant effect on the environment.
GENERAL PLAN CONSISTENCY
The proposed Amendment is consistent with the City's Ge':1eral Plan because the
Ordinance does not change or alter any land use designations, densities or
intensities of use set forth in the General Plan.
PUBLIC NOTICE:
This application was advertised in the Desert Sun newspaper on June 2, 2007 as a
1/8 page display ad. As of this writing, no comments have been received.
--- .-...." ..............I~__.1II11
RECOMMENDATION:
Adopt Planning Commission Resolution 2007- , recommending to the City
Council approval of Zoning Code Amendment 2006-089.
Les Johnson, Planning Manager
.---- ____"...,..,.,."___