Loading...
2007 03 13 PC " cew, 4 4 (J.u1Jrtt Planning Commission Agendas are now available on the City~s Web Page @ www.la-quinta.orQ 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 13, 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 2007-011 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 February 27, 2007. G:\WPDOCS\PC Minutes\ 1 AgendaW,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 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 public hearing. Request...... co... CONDITIONAL USE PERMIT 2007-102 CNL Desert Resorts, LLP , West side of Avenida Obregon, approximately 150 feet south of Avenida Fernando within the La Quinta Resort grounds. Consideration to allow operation of a Signature Pool facility. Resolution 2007- A. Item................ Applicant...;;... . Location........... Action........... ... VI. BUSINESS ITEMS: A. Item.................. GENERAL PLAN CONSISTENCY FINDING Applicant............ City of La Quinta Location.............. South side of Highway 111, east of Dune Palms Road (APN 649-030-016 and 017) Request .............. Consideration of a finding of General Plan conformity for the City of La Quinta's potential acquisition of property for approximately 19.9 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. Action................. Resolution 2007- VII. CORRESPONDENCE AND WRITTEN MATERIAL: None VIII. COMMISSIONER ITEMS: A. Discussion regarding the League of California Cities Planners Institute to be held in San Diego, March 21-23, 2007. B. Review of City Council meeting of March 6, 2007 G:\WPDOCS\PC Minutes\l AgendaW.doc L, IX. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on March 27, 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, March 13, 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 9, 2007. DA TED: March 9, 2007 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 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA . February 27, 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 Barrows to lead the flag salute. B. Present: Commissioners Ed. Alderson, Katie Barrows, Jim Engle and Chairman Paul Quill. It was moved and seconded by Commissioners Barrows/Alderson to excuse Commissioner Daniels. C. Staff present: Planning Manager Les Johnson, Associate Planner Andrew Mogensen, Assistant Planner Jay Wuu, and Secretary Carolyn Walker II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT ITEMS: 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. Unanimously approved. V. PUBLIC HEARINGS: A. Sign Application 2003-720, Amendment No.1; Consideration of an Amendment to an existing Sign Program allowing the placement of special event banners. 1. Chairman Quill opened the Public Hearing. Assistant Planner Jay Wuu presented the information contained in the staff report, a . copy of which is on file in the Community Development Department. 2. Chairman Quill asked if there were any questions of staff. Commissioner Alderson asked if the sign exhibits were computer generated. Staff said yes. P:\CAROL YN\Planning Com\PC Minutes\2-27-07 PC,doc Planning Commission Minutes February 27, 2007 3. Commissioner Engle asked about the proportions of the sign. Ms. Leslie Locken, Property Manager of Old Town La Quinta, 78-150 Main Street, La Quinta, stated there was a discrepancy in the measurements used and they have been corrected. She showed ,an example of a five by 1 8-foot banner, and a 30-foot long banner. Copies were given to the Commission. Ms. Locken said she had two issues. The first issue was the size of the lettering on the five by 18-foot banner which was 11-inches high and not easily readable as well as limited in how much verbiage could be accommodated. She requested a five by 30-foot banner as it would be more proportionate. She stated the banners at Desert Club Drive and Calle Tampico would be double-sided and a five by 18-foot banner could not be easily read. The banners have been more effective than media advertising in attracting customers to ,Old Town. The second issue was whether the banners could remain for three weeks prior to their Grand Opening event in late March. 4. Commissioner Alderson asked if the banner, which was noted as 20-feet off the street was at a safe height. Ms. Locken replied truck height was 16-feet and the 20-foot height should be safe. 5. Commissioner Engle said he was in favor of the special event banners, as long as there was no clutter. He agreed five feet by , 18-feet was too small. He said the five by 30-foot would be better as long as it was not offensive and in good taste. He had hesitations about the three week time period and thought one week should be enough. He agreed with the Conditions of Approval as stated. by staff for the time period. 6. , Commissioner Alderson asked if a compromise of two weeks would be acceptable. Staff said they recognized this was Phase II and a new addition to Old Town and understood the need for special signage for the Grand Opening event. 7. Commissioner Alderson asked about measuring from curb to curb as opposed to street width. Staff clarified the distinction. 8. Commissioner Alderson asked about the difference between the original size'requested versus what staff was recommending. Staff clarified the difference. P:\CAROL YN\Planning Com\PC'Minutes\2-27-07 PC.'doc 2 Planning Commission Minutes February 27, 2007 9. Chairman Quill said he did not have a problem with the five by 30- 'foot banner or the three week time period. He said he wanted to do anything necessary to help Old Town be successful. He said the signs, were large, but if done properly and maintained they would be acceptable. The City needs to do all it can to help the vendors. 10. Commissioner Barrows concurred and stated it was an opportunity to help the vendors. 11 . Chairman Quill asked about the tree signs. Ms. Locken said she was workirig with staff to use a kiosk or alternate display-method instead of the tree signs. 12. Chairman Quill asked if there was any other public comment. There being none, Chairman Quill closed tl:1e Public Hearing. 13. There being no further discussion, it was moved and seconded by Commissioners Barrows/Alderson to adopt Minute Motion 2007- 006 recommending approval of Sign Application 2003-720, Amendment No.1, as recommended and amended: A. The total square footage for each of the banners that span across Main Street shall be no greater than 150 square feet (30-feet x 5-five). The applicant shall install the approved banners at the approved locations. B. The event-specific banners shall be erected no sooner than three weeks (21 days) prior to the event (which shall have an approved Temporary Use Permit or Village Use Permit), and removed no later than two days after the conclusion of the event. Each special event sign/banner shall be applied for as part of the TUP/vUP application for the subject event. C. The use of the special event banners in Old Town La Quinta shall be limited to 180 days per calendar year. D. Letters shall not be closer than six inches to the edge (top/bottom/sides) of banners. Maximum letter size shall be 18 inches in height. P;\CAROLYN\Planning Com\PC Minutes\2-27-07 PC. doc 3 Planning Commission Minutes February 27, 2007 ROLL CALL: AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. ABSTAIN: None. ABSENT: Commissioner Daniels. B. Environmental Assessment 2006-575 and Zone Change 2006-129; Consideration to certify a Negative Declaration and a zone change from RM/17/1 Medium Density Residential, 17 foot height, single story to RM(20/5/1 0) 17/1 in order to reduce the existing 15 foot rear yard setback to ten feet. Located south, of Avenida La Fonda, north of Avenida Nuestra, west of Washington Street, and east of Calle Guatemala. 1. Chairman Quill opened the Public Hearing. Associate Planner Andrew Mogensen presented the staff report which is on file in the Community Development Department. 2. Mr. Mark Green, 51-420 Calle Jacumba, spoke in favor of changing the setback and said this change would provide more opportunities for better home design on these lots. 3. Chairman Quill asked if anyone else wanted to speak on this project, there being none, the public hearing was closed. 4. There being no further discussion, it was moved and seconded by Commissioners Barrows/Alderson to adopt Planning Commission Resolution 2007-009 recommending, to the City Council certification of a Negative Declaration for Environmental Assessment 2006-575 as submitted. ROLL CALL:AYES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. 5. It was moved and seconded by Commissioners Barrows/Alderson to adopt Planning Commission Resolution 2007-010 recommending to the City Council approval of Zone Change 2006- 129 as submitted. ROLL CALL:A YES: Commissioners Alderson, Barrows, Engle, and Chairman Quill. NOES: None. ABSENT: Commissioner Daniels. ABSTAIN: None. VI. BUSINESS ITEMS: None P:\CAROL YN\Planning Com\PC Minutes\2-27-07 PC.doc 4 Planning Commission Minutes February 27, 2007 VIII. CORRESPONDENCE AND WRITTEN MATERIAL: IX. COMMISSIONER ITEMS: Commissioners discussed the upcoming Planning Commissioner Conference. Commissioners Engle, Alderson and Chairman Quill stated they would be attending. Commissioner Barrows was unsure at this time. 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 13, 2007. This meeting of the Planning Commission was adjourned at 7:36 p.m. on February 27, 2007. Respectfully submitted, Carolyn Walker, Secretary City of La Quinta, California P:\CAROLYN\Planning Com\PC Minutes\2-27-07 PC. doc 5 DATE: CASE NOS: APPLICANT: LANDSCAPE ARCHITECT: ENGINEER: REQUEST: LOCATION: PH#A PLANNING COMMISSION STAFF REPORT MARCH 13, 2007 CONDITIONAL USE PERMIT 2007-102 CNL DESERT RESORTS, LLP (DAVID URBAN) EDSA MDS CONSULTING CONSIDERATION TO ALLOW OPERATION OF A SIGNATURE POOL FACILITY INCLUDING MOVIE SCREENS WEST SIDE OF A VENIDA OBREGON, APPROXIMATELY 150 FEET SOUTH OF AVENIDA FERNANDO ON THE LA QUINTA RESORT GROUNDS ENVIRONMENTAL REVIEW: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS CAUSED TO BE PREPARED ENVIRONMENTAL ASSESSMENT 2006-573 (AN ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT (EIR) NUMBER 41 AND TO A SERIES OF SUBSEQUENTLY APPROVED ENVIRONMENTAL REVIEW DOCUMENTS) FOR THIS CONDITIONAL USE PERMIT IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. THE COMMUNITY DEVELOPMENT . DEPARTMENT HAS DETERMINED THAT THE PROPOSED MODIFICATIONS TO THE LA QUINTA RESORT DO NOT REQUIRE A SUBSEQUENT EIR, SUPPLEMENTAL EIR OR A NEGATIVE DECLARATION/MITIGATED NEGATIVE DECLARATION, SINCE THE CIRCUMSTANCES DESCRIBED IN SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES DO NOT EXIST, IN THAT THERE WILLBE NO NEW OR MORE SIGNIFICANT IMPACTS THAN THOSE DISCLOSED IN THE PRIOR EIR NUMBER 41 AND THE CEQA COMPLIANCE DOCUMENTS APPROVED SUBSEQUENTLY. THE MODIFICATIONS PROPOSED AND THE CIRCUMSTANCES UNDER WHICH THE MODIFICATIONS WOULD BE CARRIED OUT DO NOT REQUIRE SUBSTANTIAL CHANGES TO THE PREVIOUS EIR, OR THE SUBSEQUENT ENVIRONMENTAL DOCUMENTS, DUE TO THE INVOLVEMENT OF NEW SIGNIFICANT ENVIRONMENTAL IMPACTS OR A SUBSTANTIAL INCREASE IN THE SEVERITY OF PREVIOUSLY IDENTIFIED SIGNIFICANT EFFECTS. IN ADDITION, THERE IS NO NEW INFORMATION OF SUBSTANTIAL IMPORTANCE WHICH WOULD TRIGGER THE REQUIREMENT OF A SUBSEQUENT EIR, SUPPLEMENTAL EIR OR NEGATIVE DECLARATION/MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH SECTION 15162(A)(3). THEREFORE, THE COMMUNITY DEVELOPMENT DEPARTMENT IS RECOMMENDING CERTIFICATION OF ENVIRONMENTAL ASSESSMENT 2006-573 IF THE PROJECT IS TO BE APPROVED. THE PLANNING COMMISSION AT ITS MEETING OF FEBRUARY 13,2007, DURING CONSIDERATION OF SOP 2006-865 ADOPTED A RESOLUTION RECOMMENDING TO THE CITY COUNCil CERTIFICATION OF AN ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORT (EIR NO. 41), AND SUBSEQUENT CEQA COMPLIANCE DOCUMENTS, FOR lA QUINTA COVE GOLF CLUB REVISED SPECIFIC PLAN 121-E (1975), AS AMENDED, PREPARED FOR SITE DEVELOPMENT PERMIT 2006-865 AND CONDITIONAL USE PERMIT 2007-102. THE CITY COUNCil Will CONSIDER THIS ADDENDUM AT ITS CONTINUED MEETING OF MARCH 20, ' 2007 WHEN IT CONSIDERS SOP 2006-865 AND CUP 2007-102. SURROUNDING lAND USES: NORTH: SOUTH: EAST: WEST: TENNIS VillAS AND DATE PALM GROVE TENNIS COURTS, TENNIS VillAS, SPA VillAS AND SPA lA QUINTA A VENIDA OBREGON WITH THE HOTEL GROUNDS BEYOND TENNIS COURTS AND TENNIS VillAS GENERAL PLAN DESIGNATION: CT (TOURIST COMMERCIAL) ZONING DESIGNATION: TC (TOURIST COMMERCIAL) REQUIREMENT FOR CONDITIONAL USE PERMIT: The original Specific Plan for the la Quinta Resort was approved by the County of Riverside in 1975. The la Quinta Resort is required to comply with all applicable development regulations including the provisions and standards set forth in the current la Quinta Resort Specific Plan 121-E, Amendment #5. Adopted in 2001, Amendment #5 of the la Quinta Resort Specific Plan identifies permitted and conditional land uses, requiring Conditional Use Permit(s) for "pool/spa and water park uses" and "theaters, live or motion picture-indoor or out". The Specific Plan does, allow pools via the Site Development Permit. The Specific Plan is not clear on how to clearly delineate the type (' r,'<) uc.(- of permit for all of the proposed land uses. Therefore, the proposed signature pool facility must obtain a Conditional Use Permit in addition to a Site Development Permit. A Conditional Use Permit application was not processed with EA 2006-573 (EA) and SOP 2006-865 (SOP) that the Commission considered on February 13, 2007. At that hearing the Commission took action to recommend approval of EA 2006-573 (on a 4-0 vote) and sent the SOP to City Council without recommendation because their motion to approve the SOP resulted in a tie vote. The City Council considered EA 2006-573 and SOP 2006-865 at its meeting of February 20, 2007. It was at this hearing that the need for the CUP was discussed and the City Council directed staff to process a CUP in conjunction with the SOP. The City Council continued EA 2006-573 and SOP 2006-865 to the meeting of March 20, 2007 to allow this CUP review by the Planning Commission. The Commission's action on this CUP application will be forwarded to the City Council for final action, which will be addressed concurrently with the EA and SOP applications. The SOP application was not referred back to the Planning Commission and is not subject to Planning Commission review. For purposes of the Planning Commission's consideration, the focus of the public hearing and Commission discussion and action should be on the daily operation of the SOP as it is currently proposed. The City Council will, at its March 20, 2007 meeting, continue its evaluation of the SOP. The purpose of a CUP is to provide for individual approval, conditional approval, or denial of proposed land uses. Uses requiring these permits have potential for adverse impacts to surrounding properties and/or residents. Therefore, when such uses are approved, conditions are placed on their establishment and operation to mitigate and/or eliminate impacts. If the Planning Commission recommends approval of this CUP, the recommendation should include requirements that ensure it is established and operated in,a manner that will not be detrimental to the surrounding properties. The Planning Commission has the discretion to consider the appropriateness of the proposed CUP, proposed conditions, and any other recommendations that it determines as appropriate. BACKGROUND: The subject property is on the grounds of the la Quinta Resort which opened in 1926 and is located on the west side of Eisenhower Drive, south of Avenida Fernando. The site proposed for the "Signature Pool" facility is on the west side of Avenida Obregon, south of Avenida Fernando, private streets within the 62 acre resort (Attachment 1). The La Quinta Resort and Club {originally the La Quinta Hotel) opened in 1926 with 20 casitas, a lobby area and one restaurant. Over the years it has been expanded and modified to include' 62 acres and over 800 rooms. Relevant Resort development modifications and additions over the years have included: (''''',0 U \_,,,) 1926 1927 1937 1 940' s 1980 1984 1987 1988 1994 1998 Opened on December 26, 1926. Installed nine-hole golf course, the first course built in the Coachella Valley. Added the first swimming pool to the resort. Constructed the Tennis Club offering 30 courts witha choice of hard, grass and clay surfaces (presently there are 23 tennis courts). Constructed two 18-hole golf courses. Between 1980 and 1984, constructed 193 casitas and suites with swimming pools, the original Signature Pool (now replaced with sunken center tennis court), the Frank Capra Ballroom and two suites. Constructed its third 18-hole golf course. Constructed 371 casitas and a number of swimming pools, the retail area (The Plaza), and,two restaurants (Morgan's and Adobe Grill). Constructed the Flores Ballroom. Constructed the 23,000 square foot Spa la Quinta and Spa Villas bringing the guestroom total to a little over 800 guestrooms. The 4.7:t acre site of the proposed "Signature Pool" or water feature presently is developed with Resort recreational facilities, including ten tennis courts (of the total 23 courts), the main Resort swimming pool, landscaped grounds, a children's playground, the Morgan House, and several other buildings. landscaping consists of a large number of mature Palm and Olive trees. Nine tennis courts, the center court tennis stadium, a restroom/office building, the main outdoor swimming pool and playground area will be removed to facilitate the new water feature. Two of the three retained buildings will be used as part of the proposed pool facility. The remaining Morgan House which has been closed to Resort and public use for approximately one year due to seismic safety concerns will be retained as is with a safety fence installed around it. PROJECT PROPOSAL: Site Development Permit The proposed SOP is to construct and operate a "Signature Pool" water feature on the 4.7 acre site, fronting on Avenida Obregon, a 20-foot wide private street (curb to curb) as a part of the Resorts facilities. The SOP would include several related water and pool amenities (Attachment 2). Proposed amenities include two artificial rock formations for a splashdown pool for three slides and a wave pool, a lazy river that proceeds in a circular loop, a formal outdoor pool with terraces, private pool-side cabanas an arrival plaza building, children's outdoor play area and pool, a game room with first aid center, indoor and outdoor dining areas, and chaise lounge deck areas. A project description which includes a background on the Resort has been submitted by the applicant (Attachment 3). r r,~ v'. -j- The water feature is intended to increase the summer off-season occupancy rate (48%) at the Resort to levels closer to the in-season rate of 75%. The water feature will be open only to Resort guests and la Quinta Resort Club paid members and their children under the age of 23 who are living at home, attending school on a full time basis or in the military. Member's guests will not be allowed to use the facility. It will not be open to the general public at any time, nor available for use by guests of the applicant's other Valley hotels. The proposed water feature (water slides, wave pool and la,zy river) was originally proposed to be open, daily between Memorial Day and Labor Day from 10:00 am to 6:00 pm and on weekends the remainder of the year. In addition, the proposed project would be open daily during Thanksgiving week, from Christmas through New Year's Day, on Presidents' Day weekend, and for one to three weeks during the Spring break period. The formal swimming pool, spa, and children's pools and playground would be open daily with varying hours. The pedestrian entry to the water feature will be on Avenida Obregon in approximately in the middle of the ,frontage in the area where an existing turnaround exists. This turnaround will be maintained and used for loading and unloading of guests using the facility. All pedestrian entrance and exiting the water feature will be at this controlled point. Also as a part of the proposed project, a raised median (10 feet wide and 50 feet long) with a turn-around area would be constructed in Avenida Obregon, immediately south of the Avenida Fernando intersection to control and facilitate vehicle circulation and access in this part of the Resort. Private property owners and their guests adjacent to Avenida Obregon will continue to have unrestricted access through this entry to their properties. An option is to install vehicle control gates just south of the median now or in the future if needed to regulate traffic going to the water feature. The private property owners adjacent to Avenida Obregon would have full access through the vehicle gate if such a gate is required in the future. This new entry would require removal of nine perpendicular resort parking spaces and relocation of the adjacent resort wall on the east side of Avenida Obregon, adjacent to the new median. The site grading will generally be the same as or in many areas slightly lower than the adjacent grades. For example, adjacent to the Tennis Villas to the north in the area of the current connecting walkway the finish surface next to the lazy river is shown four feet below the walk on the Tennis Villas site. On the south side of the site next to the Tennis Villas the proposed grade is approximately the same as the villas side. Architectu re/Bu i Id i ngs/Structures The existing Tennis Club building near the northwest corner of the site will be expanded slightly to provide tennis locker rooms, tennis pro-shop office, and video school. These facilities are currently within the project site on the west side of the restaurant building. {';-'. r= u\. .J The current "L" shaped restaurant and bar in the middle of the site will be retained and used as part of the facility. A portion of the building at the northwest corner containing restrooms, lockers, library and the tennis video school office will be removed and relocated to the expanded Tennis Club building as noted above. Adjacent to the west side of the restaurant a small one-story first aid and game room will be constructed. A basement will be provided and is noted to be for pool equipment. A new one-story building will be constructed at the facility entry adjacent to Avenida Obregon. The building height will not exceed 15 feet. It will function as the secured entry and exit into the facility as well as housing restrooms, a retail area, office, and maintenance and service rooms. The remaining structures on the project site will consist primarily of trellises and pool cabanas. As a part of the project two artificial rock formations will be constructed at the west end of the site. The larger of the two will be the southernmost formation at 28 feet in height measured from the finish grade of the site. It will house three water slides that empty into an adjacent pool which is to the east of the structure. This structure is approximately 180 feet from the closest one story Tennis Villa to the north, 28 feet from the closest two-story Tennis Villa to the south and 25 feet from the tennis court to the west. To the south there are no outdoor living spaces for the two-story residential units next to the project site. The finish grade at the base of this structure is approximately .5 feet lower than the adjacent grade of the closest Tennis Villa to the south. The second rock formation to the north of the above-described structure will be 18.5 feet high measured from the finish grade of the site and will contain wave making equipment for an adjacent wave pool to the east. This structure is approximately 62 feet from the closest Tennis Villa to the north, 138 feet from the closest Tennis Villa to the south and 38 feet from the tennis court to the west. The finish grade at the base of this formation adjacent to the Tennis Villas to the north is approximately 4.5 feet lower than the villas yards. Movie projector equipment will also be housed in this structure for use with a removable screen on the outside of the foundation facing east toward the pool for evening movies. The lazy river which will allow people to tube along its length will meander in an irregular circle around the wave pool, its artificial rock structure, and a portion of the lounging area. This river will meander adjacent to the Tennis Villas to the north with distances generally between 1 8 feet to 35 feet away from the face of the building to the edge of the lazy river. The water surface of the river is proposed to be approximately six feet lower than the grade of the adjacent Tennis Villas yards to the north. f' r, n ...;\.,' :.) - - Landscaping landscaping plans show an extensive use of trees and shrubs with an emphasis on color. Planting materials are to a great extent low water use plants. Specific tree types and locations are shown with sizes varying from 24-inch to 48-inch box size. One of the main trees to be used throughout the site is Date Palm trees at 1 5 feet of clear trunk height. California Fan palms will be used extensively and will be between 15 feet , to 25 feet clear trunk height. A copy of the City Council report on the SOP and Addendum to the EIR are attached as additional background (Attachment 4). CUP Proposal As part of the CUP application material, the applicant has prepared an application booklet (Attachment'2). In addition to a project exhibit list, the application includes a project narrative, which identifies commitments being made by the Resort to address potential impacts relevant to parking, traffic control, construction management, road and access improvements and security. See pages one to four for a description of the application's proposed operational criteria for the CUP. Information provided in the application booklet identifies that the applicant has stated ,they will not show evening movies and not open the water slides, wave pool and lazy river from January lto March 15 of each year (Attachment 2 __ Page 4). The applicant states, as is the case now in open areas of the project site, the deck and open landscaped areas will continue to be used for special events such as receptions, dinners, and meetings in conjunction with conference guests. Provisions for showing movies have been provided on the side of the rock formation facing the wave pool. As noted, the applicant has agreed to not showing movies from January 1 to March 15 of each year. The applicant has also stated in their CUP application that after one year of operation they will review the previous year's security effectiveness to determine if any improvements should be made to the Resorts use of the pool facilities related to hours of operation. The CUP application also identifies that safety and security employees will be retained to specifically help with traffic control, noise and general security of the Signature Pool. The applicant states they will temporarily shut down operation of the active water features (wave pool, slides and lazy river) if the City notifies them that the City's Noise Ordinance maximums are exceeded. The applicant will then take whatever steps necessary to correct the problem before re-opening those facilities. '''1''.'''7 4 ~ ~v ". Parking/Circulation The applicant is not proposing to provide new parking spaces for the Signature Pool area. The applicant states that it is not increasing the number of Resort rooms and users of the water feature will be Resort guests and la Quinta Club members who are already using the exis~ing facilities. As a part of the Addendum a parking analysis was conducted and submitted by the applicant (Attachment 5). During in-season and busy periods the Resort requires employees to park at an off-site parking lot on Calle Tampico and provides shuttles to and from the Resort. This will continue to be utilized when the water feature is in operation. Additionally, guest shuttles will be provided to the water feature and adjacent Spa la Quinta from the main parking lot to the east, the valet area and other parts of the Resort. This will reduce the need to drive cars to the site from other areas of the Resort. The gated or manned station on Avenida Obregon, when in use, will direct traffic .to the most appropriate parking area to ensure parking problems in the water feature area are avoided and Avenida Obregon remains accessible to emergency vehicles and residential property owners who use the street for access to their residences. In order to widen a portion of the street and provide a median and controlled access on Avenida Obregon at Avenida Fernando, nine perpendicular parking spaces are being removed on the east side of Avenida Obregon. Five perpendicular spaces are proposed to be installed just south of the adjacent Spa La Quinta entrance, along with new decorative street paving in front of the Spa's entry. This new parking area is presently a landscape planter. The five existing spaces in front of the Spa will be removed so that the new decoratively paved area can be used for drop off and pick up of Spa customers. Avenida Obregon due to its 20 foot width does not allow parallel parking on either side of the street. With this project that restriction will continue. ISSUES/ANALYSIS: ' As previously stated, the purpose of a CUP is to provide for individual approval, conditional' approval, or denial of proposed land uses and operational conditions. Conditions of Approval are typically imposed to specifically address potential adverse impacts to surrounding' properties and/or residents. Thus, operational management/control is established with a CUP versus conditions specific site improvements, which are typically found with Site Development Permits. Conditions of Approval for a CUP can include time sensitive criteria, operational criteria and consequences for failure to comply. Additionally greater' potential exists for a Conditional Use Permit to be revoked should there be violations to the conditions set forth. Any consideration for revocation must be conducted in accordance with la Guinta Municipal Code Section 9.200.130. Multiple issues have been identified as part of the analysis of the proposed CUP application. The following categories provide analysis of the major identified issues: (,\''',Q ~v ,_ (~ Parking As previously noted, no additional parking facilities are proposed to be provided for this use to offset the lost of the nine spaces on Avenida Obregon. The applicant states there will not be an increased parking demand that will exceed the existing parking capacity because the pool feature is geared to increasing the Resorts occupancy during the 48% off-season summer month occupancy when parking spaces are readily available. Subsequent to the Planning Commission hearing, the Resort prepared a Traffic Volume and Parking Conditions Study dated February 12, 2007 (Attachment 6). This study showed that on February 9,2007, the Resort had adequate parking available and the on-site private streets operated at an acceptable level of service. Also, based on their research relating to Resort facility usage, the applicant states Citrus Club members who potentially could use the proposed water feature primarily use the Resort for golf and fitness and make very minimal use of the existing pools. lastly, less than 20% of these members have qualified children who could potentially use the pool feature (Attachment 7). Staff recommends that if the City determines insufficient parking exists, or that the Parking Management Program is not working, and/or that traffic flow is not operating adequately, up to three parking management studies over three years shall be completed to determine how to resolve any parking issues. Any improvements recommended by these studies are required to be implemented within one year of their requirement. The applicant has incorporated into the CUP packet language consistent with the previously recommended SOP conditions. The date palm grove at the northwest corner of Avenida Obregon and Avenida Fernando presently is used for conference related activities on occasion. It is recommended that this grove be reserved for future parking or loading and unloading if deemed necessary by the City. A Parking Management Program is recommended to require parking permits and identify provisions for ticketing and/or towing of violators during high demand in-season periods. The Resort presently operates an on-site shuttle service throughout the Resort that will continue when the project is operational. A Condition of Approval is recommended requiring the shuttle service be extended to serve the water feature. This should' minimize demand for parking in the signature pool area. The CUP booklet also identifies the addition of Resort staff to assist with parking management and the establishment of a "parking/traffic hotline". These efforts will help with directing Resort and club guests to the appropriate parking areas and should also help minimize any demand for parking near the Signature Pool entrance. (' r (\ \'--.,' , . ~) Another important component to addressing parking is signage. Improvements to the Resorts sign program that direct Resort and club guests tothe appropriate parking areas would also assist with minimizing the demand for parking near the signature pool entrance. Refer to proposed Condition Nos. 7-15 for parking and other operational control measures. Traffic/Circulation As a part of the Avenida Obregon entry median area south of Avenida Fernando, staff recommended during the SOP application process the Community Development Director has the right to require the gates be installed and operated during periods of increased parking demand due to high water feature attendance. The applicant has proposed similar language in the CUP application. Once the gates are required to be used and until the gates are installed, the Resort will provide a person to man the entry and control traffic allowed to enter the area. During operation of 'the gates or when it is manned, this entry area will also become the drop-off turnaround for water feature users. Avenida Obregon is a 20 foot wide private street (curb to curb) that does not allow parallel parking on either side. It is red curbed and signed as a fire lane with no parallel parking allowed. There have been times when guests, employees, and service vehicles have parallel and double parked along the street violating the fire lane restriction as well as making use of the street difficult. The City's Code Compliance Department has in the past, received complaints regarding parking on the street. As a result, monitoring of the area has resulted in the issuance of five citations in the last 11 months. Regular monitoring of the street for parking violations is done by the City's Code Compliance Department. The gate operation requirement noted above will help to alleviate this problem. In addition, the previously noted "parking/traffic hotline" will provide opportunity for direct contact to and quick response from the Resort "traffic control officer" to any reported concerns. Noise As a part of the Addendum, an acoustical analysis of mechanical equipment use and expected operational conditions was prepared (Attachment 8). In summary, the findings of the study show that the proposed project will operate in compliance with City noise standards. Furthermore, the amount of noise increase over existing noise levels near the proposed Signature Pool project will not be significant. As previously noted, the applicant has proposed with this application a condition specific to addressing noise abatement. The applicant references the City's Municipal Code Section 9.100.21 O(c) as the governing standard to identify any potential violations. In addition to this provision, staff is also addressing Municipal Code Section 11.08.040, which provides the ability to address noise related to specific nuisance ",0 ,) \.)...;..1 occurrences which may not necessarily exceed noise limits but do impact the neighbors quality of life. Recorded and possibly live music, is proposed to be played through a ground-mounted speaker system throughout the facility. This can be expected to be played during hours the facility is opened, In order to not impact the adjacent residential owners, live music or amplified entertainment, broadcasting is recommended to not be allowed in the lazy river, slide, wave pool areas and children's area. Movies will be played in evening hours on occasions. Showing of these movies could impact the adjacent residential owners, and therefore, it is recommended that they end no later than 9:45 p.m. Most of the private residential Tennis Villas units adjacent to the site have small outdoor patios adjacent to the water feature's property line. Presently there are chain link tennis fences (with green mesh cloth) adjacent to block retaining walls on the tennis court/Tennis Villas boundary. Most of the area between the fencing and retaining walls is planted with citrus trees that provide a visual screen between the uses. With this water feature the fences and possibly the trees, depending on where the property line is, will be removed. Staff is recommending the Resort be required to work with Tennis Villas homeowners immediately adjacent to the Signature Pool to construct a five to six foot garden wall to create an outdoor patio within the turf areas located between the Signature Pool property line and the Tennis Villas. If a homeowner chooses not to have this wall constructed, the Resort may construct a six foot high screen wall on its northerly or southerly property line. See Condition No. 34 for additional details. Construction Parking The applicant has included in the CUP booklet conditions specific to the construction parking. These conditions are generally consistent with staff's recommended conditions identified during the SOP application process. These conditions with staff's recommended modifications should minimize the impact of construction vehicles upon the existing private streets and prevent large construction vehicles from parking adjacent to residential properties. Operations An issue raised has been the number of patrons using the facility at anyone time. It is recommended the maximum number of water feature patrons shall not exceed 1 ,800 at anyone time. Furthermore, outdoor meetings, dinners, receptions, etc. held within the water feature area shall not exceed 1,000 persons and shall end no later than 9:45 p.m. (this includes clean-up and breakdown). No outdoor live or recorded entertainment shall be permitted within the active pool area. n~ 1 '.) ..L ~L Site Design As designed, the lazy river and some lounging areas are located as close as 4:t feet from the shared property line with the Tennis Villas. In order to increase privacy for the owners it is recommended a minimum 20 foot setback from the north property line to the lazy river, with no patron access to the lazy river, be permitted (emergency and safety access is permitted). RESPONSE TO MR. FREDRICKS: The Mayor and City Council have received a letter from Mr. Richard R. Fredricks' attorney (Oemetrious, Del Guerio, Springer & Francis, lLP) regarding the proposed CUP and SOP. The letter (Attachment 9) references a number of concerns regarding the legal and physical condition of Avenida Obergon. The City does not dispute the fact that Avenida Obergon provides access between Avenida Fernando and the Fredricks' estate. This condition has existed for many years and the physical improvement of Avenida Obergon has been modified over the years. The proposed SOP and the recommended Conditions of Approval for the CUP have been carefully revised by the City to ensure that the current conditions are upgraded as follows: 1. A new entry area with turnaround at Avenida Obergon and Avenida Fernando will be provided. 2. Relocation of parking in front of Spa La Quinta with a new drop-off area at the Spa provided.; 3. Installation of decorative crosswalks on Avenida Obregon. 4. The Gity can require up to three parking studies with improvements if problems arise after the facility opens. 5. A Parking Management Program will be required to monitor parking and assure on-street restrictions are enforced. 6. Shuttle service will assure guests do not need to drive tp the facility from other parts of the Resort. 7. New Resort parking and traffic employees will be hired specifically to monitor parking and traffic conditions in the water feature and,adjacent roadway areas and resolve problems as they arise. 8. Should the gates at Avenida Obregon and Avenida Fernando be used, all property owners of private property that take access from Avenida Obregon will continue to have access at no cost to them. 9. A parking/traffic hotline will be implemented by the' Resort with immediate response required. Based upon the physical and management improvements to be implemented with this project, City staff believes that the access along Avenida Obergon will be improved and not degraded. O,.r; r) " _...~ <'.. PUBLIC NOTICE: This application was advertised in the Desert Sun newspaper on March 2, 2007. All property owners in, and within 500 feet of the site were mailed a copy of the public hearing notice as required by the La Quinta Municipal Code. Additionally, any persons who sent a letter or e-mail to the City regarding the project were also sent a notice. As of this writing, letters have been received and are attached for your review (Attachment 10). FINDINGS: The Findings as required by Section 9.210.020 (Conditional Use Permits) of the Zoning Code can be made as noted below. 1 . Compliance with the General Plan - The project site within the la Quinta Resort is designated by the General Plan and applicable' Specific Plan 1 21-E, Amendment #5 as Tourist Commercial which includes recreational uses. This designation permits the Resort and related recreational uses such as the proposed Signature Pool water feature. Furthermore, the project site has been used for various Resort-related recreational uses, including a previous "Signature Pool" where the sunken tennis court presently exists. Therefore, the project is in compliance with the General Plan and Specific Plan. 2. Compliance with the Zoning Code - The City Zoning Map and applicable Specific Plan 1 21-E, Amendment #5 zone the project site within the la Quinta Resort as Tourist Commercial. This designation permits the Resort and related recreational uses such as the proposed Signature Pool water featurewith approval of a CUP. Applicable development standards are complied with based on the proposed plans and recpmmended Conditions of Approval. 3. Compliance with CEQA - The la Guinta Community Development Department has caused to, be prepared Environmental Assessment 2006-573 (an Addendum to Final Environmental Impact Report (EIR) Number 41 and to a series of subsequently approved environmental review documents) for this Site Development Permit in compliance with the requirements of the California Environmental Quality Act of 1970, as Amended. TheCommunity Development Department has determined that the proposed modifications to the La Quinta Resort do not require a subsequent' EIR, Supplemental EIR or a Negative Declaration/Mitigated Negative Declaration, since the circumstances described in Section 15162 of the California Environmental Quality Act Guidelines do not exist, in that, there will, be no new or more significant impacts than those disclosed in the prior EIR Number 41 and the CEQAcompliance documents approved subsequently. The modifications proposed and the circumstances under which the modifications would be carried out do not require substantial C.3 changes to the previous EIR, or the Subsequent Environmental documents, due to the involvement of new significant environmental impacts or a substantial increase in the severity of previously identified significant effects. In addition, there is no new information of substantial importance which would trigger the requirement of a subsequent EIR, supplemental EIR or Negative Declaration/Mitigated Negative Declaration in accordance with Section 15162(a)(3). Therefore, upon certification of Environmental Assessment 2006- 573 the project is in compliance with CEQA requirements. 4. Compatibility with Surrounding Uses- The water feature is surrounded by Resort and residential uses, some of which have no association with the Resort or its operation. The property to the west consists of tennis courts that are part of the Resort. To the east are Resort rooms that are operated as part of the Resort, and Resort homes, many of which are rented out as part of the Resort even though they are privately owned. The property to the south consists of Spa la Quinta, tennis courts and several Tennis Villas, only one of which abuts the subject property. These Villas are privately owned properties and some are rented out as part of the Resort. The project will incorporate measures to provide compatibility with the surrounding residential uses, such as sound attenuation through walls, lowering finish grades, limitation on hours of operation, extensive planting, parking controls, construction restrictions, etc. CONCLUSION: Since its opening approximately 80 years ago, the Resort has grown and continuously evolved over the years. It began with 20 casitas' and one restaurant. Significant expansions and modifications have occurred to now include 62 acres and over 800 rooms, along with extensive recreational activities including golf, tennis, fitness, biking, and water activities: This proposed Signature Pool project represents yet another step in the evolution of the recreational activities at the Resort. The provisions designed into the water feature and recommended Conditions of Approval ensure the feature and its operation will be compatible with the surrounding properties and land uses and if problems arise, they can be addressed. RECOMMENDATION: 1. Adopt Planning Commission Resolution 2007- , recommending to the City Council approval of Conditional Use Permit 2007-102, subject to the attached Conditions of Approval. C., ! ; . ~.' "..;.. .. Attachments: 1 . location Map 2. Plan exhibit booklet - large attachment 3. Signature Pool project description 4. City Council report for March 6, 2007 5. Parking analysis 6. Current Traffic and Volume Parking Conditions Study 7. Letter from Paul J. McCormick dated January 11, 2007 8. Acoustical Analysis 9. letter from Demetriou, Del Guerio, Springer & Francis, llP dated March 2, 2007 10. ' letters received from public Transmitted by: Stan Sawa, Principal Planner C~_5 i -~ . BACKGROUND AND OVERVIEW: Environmental Review The La Quinta Community Development Department has caused to be prepared Environmental Assessment 2006-573 (An Addendum To Final Environmental Impact Report (EIR) Number 41 and to a series of subsequently approved environmental review documents) for this Site Development Permit in compliance with the requirements of the California Environmental Quality Act Of 1970, as Amended (Attachment 1). The Community Development Department has determined that the proposed modifications to the La Quinta Resort do not require a Subsequent EIR, Supplemental EIR or a Negative Declaration/Mitigated Negative Declaration, since the circumstances described in Section 1 5162 Of The California Environmental Quality Act Guidelines do not exist, in that there will be no new or more significant impacts than those disclosed in the prior EIR Number 41 and the CEQA compliance documents approved subsequently. The modifications proposed, and the circumstances under which the modifications would be carried out, do not require substantial changes to the previous EIR, or the subsequent environmental documents, due to the ,involvement of new significant environmental impacts or a substantial increase in the severity of previously identified significant effects. In addition, there is no new information of substantial importance which would trigger the requirement of a Subsequent EIR, Supplemental EIR or Negative Declaration/Mitigated Negative Declaration in accordance with section 15162(a)(3). Therefore, the Community Development Department is recommending certification of Environmental Assessment 2006-573 if the project is approved. Surrounding Land Uses North: South: East: West: Tennis Villas and date palm grove Tennis courts, Tennis Villas, Resort Homes and Spa La Quinta Avenida Obregon with the Resort grounds beyond Tennis courts and Tennis Villas General Plan/Specific 'plan Designation CT (Tourist Commercial) Zoning Designation TC (Tourist Commercial) General The subject property is on the grounds of the La Quinta Resort which opened in 1 926 and is located on the west side of Eisenhower Drive, south of Avenida Fernando. The site proposed for the, "Signature Pool" facility is on the east side of Avenida Obregon, south of Avenida Fernando, which are private streets within the 62 acre resort (Attachment 2). , 1 " . c~g i I I , I j 1'1 \ .1 The La Quinta Resort and Club (originally the La Quinta Hotel) opened in 1926 with 20 casitas, a lobby area'and one restaurant. Over the years it has been expanded and modified to include 62 acres and over 800 rooms. Relevant resort development modifications and ad,jitions over the years have included: 1926 1927 1937 1 940' s 1980 1984' 1987 1988 1994 1998 Opened on December 26, 1926. Installed nine-hole golf course, the second course built in the Coachella Valley. Added the first swimming pool to the Resort. Constructed the Tennis Club offering 30 courts with a choice of hard, grass and clay surfaces (presently there are 23 tennis courts). Constructed two 18-hole golf courses. Between 1980 and 1984, constructed 193 casitas and suites with. swimming pools, the odginal Signature Pool (now replaced with sunken center tennis court), the Frank Capra Ballroom and two suites. Constructed its third la-hole golf course. Constructed 371 casitas and a number of swimming pools, the retail area (The Plaza), and two restaurants (Morgan's and Adobe Grill). Constructed the Flores Ballroom. Constructed the 23,000 square foot Spa La Quinta and Spa Villas bringing the guestroom total to. a little over 800 guestrooms. Prior to 1982 when the City incorporated, development of the Resort was governed by the County of Riverside regulations. The 4.7:!: acre site of the proposed water feature presently is developeil with resort recreational facilities, including ten tennis courts (of the total 23 courts), the main Resort swimming pool, landscaped grounds, a children's playground, the Morgan House, and other several buildings. Landscaping consists of a large number of mature Palm and Olive trees. Nine tennis courts, the tennis stadium (center court), a restroom building, the main outdoor swimming pool and playground area will all be removed to facilitate the new water feature. Two of the three retained buildings will be used as part of the proposed pool facility. The remaining Morgan House which has been closed to Resort and public use for approximately one year due to seismic safety concerns will be retained as is with a safety fence installed around it. Proposed Modifications to the Resort's Recreational Amenities: General The proposal is to construct a "Signature Pool" water feature on the 4.7:!: acre site, fronting on Avenida Obregon, a private 20 foot wide street. The proposal would include several water-related and pool amenities (Attachment 3). Proposed amenities include two artificial rock formations, one of which will contain three enclosed slides leading to a splashdown pool and a wave pool, a lazy river that proceeds in a circular loop, a formal outdoor pool with terraces, private pool-side cabanas, an arrival plaza building, children's outdoor play area and pool, a game room with first aid center, r/') "I' indoor and outdoor dining areas, and chaise lounge deck areas. A description of the project which inclu~es a background on the Resort has been submitted by the applicant (Attachment 4). The water features' are intended to increase the Resort's summer off-season occupancy (48%) to levels closer to the in-season rate of 75%. The facilities will be open only to Resort guests and La Quinta Resort Club paid members and their children under the age of 23 who are living at home, attending school on a full time basis or in the military. Members' guests will not be allowed to use the facility unless they are staying at the Resort. It will not be open to the general public at any time, nor be available for use by guests of the applicant's other hotels. . The proposed water features (water slides, wave pool and lazy river) would be open daily between Memorial Day and Labor. Day from 10:00 a.m. to 6:00 p.m. and on weekends the remainder of the year. In addition, the Signature Pool facilities would be open daily during Thanksgiving week, from Christmas through New Year's Day, on Presidents' Day weekend, and for one to three weeks during the Spring break period. Based upon this schedule, the water feature will be closed approximately 60% of the weeks each year. . The formal swimming pool, spa, and children's pools and playground would be. open daily with varying h.ours. The applicant currently uses. the open areas of the 4.7 -acre site, the deck for special events such as receptions, dinners, and meetings in conjunction with conference guests and will continue to do so after the construction of the new features. Access to the upper area of the rock feature will be closed between the hours of 6:00 p.m. and 10:00 a.m. A ground-mounted speaker and music system will be utilized throughout the facility. Lighting of the facilitY will consist of ground-mounted or tree-mounted down-shining fixtures. During full. operation of the water feature, the applicant has estimated staffing to be 48 people, consisting of 19 lifeguards, eight pool attendants,' 1 5 servers/bartenders, one manager, two assistant managers and three dedicated engineering/maintenance workers. Site Design The swimming pools, spas and children's areas will be located on the east side of the site lot closer to Avenida Obregon. The restaurant building and Morgan House generally separate these pools from the west side of the site where the water slides, wave pool and lazy river are proposed to be located. The area will be secured by various decorative fencing or structures. Fencing is proposed to be primarily six foot high decorative metal picket fencing. The existing . masonry wall in front of the Morgan House along Avenida Obregon will be retained and used as part of the perimeter fencing. A new decorative security fence will be installed between the pool area and Tennis Villas. This new fence will be similar in location and design to the existing fencing arourid the Morgan House. C41 The pedestrian entry to the water feature will be on Avenida Obregon located, approximately in the middle of the frontage in 'the area where an existing turnaround exists. This turnaround will be maintained and used for loading and unloading of guests using the facility. All pedestrian entrance and exiting will be at this controlled point. A new drop off area is proposed in front of the Spa La Quinta as well as some relocated parking spaces. Presently, between the sunken tennis court and Spa La Quinta to the south, there is an ungated 20 foot wide emergency Fire Department vehicular access from Avenida Obregon to the Tennis Club and restaurant building areas. ,This ungated access will be maintained to the north end of the Tennis Club building to provide emergency access to this area. At this point, access will be gated to prohibit unauthorized access to the water feature but will allow emergency access. Also as a part of the proposal, a raised median (10 feet wide and 50 feet tong) with a turn-around area would be constructed on Avenida Obregon, just south of Avenida Fernando, to control and facilitate vehicle circulation and access in this part of the Resort. Private property owners and their guests adjacent to Avenida Obregon will still have unrestricted access through this entry to their properties. A recommended condition allows the' City to require installation and operation of vehicle gates just south of the median in the future if needed to control parking and traffic going to the water feature. The private property owners adjacent to Avenida Obregon would continue to have full access through the street if such a gate is required in the future. This new entry will'require removal of nine perpendicular Resort parking spaces and relocation of the adjacent Resort wall on the east side of A venida Obregon, adjacent to the new median. The site grading will generally be at the same or in many areas slightly lower than the adjacent grades. For example, adjacent to the Tennis Villas to the north in the area of the current connecting walkway, the finish surface next to the lazy river is shown four feet below the walk on the Tennis Villa_s site and 6.5 feet below the finish pads. On' the south side of the site next to the Tennis Villas the proposed grade is approximately the same as the Villa~s side. The splash pool is 6.5 feet below the pad of the Tennis Villas located just to the south. The proposed elevations of the lazy river and splash pool were lowered. in response to resident concerns. Architecture/Buildings/Structures The existing Tennis Club building near the northwest corner of the site will be expanded slightly to provide tennis locker rooms and a tennis video pro-shop office. These facilities are currently within the 4.7 -acre site on the west side of the restaurant building. The current "L "shaped restaurant and bar in the middle of the site will be retained and used as part of the facility. A portion of the building at the northwest corner containing restrooms, lockers, library and the tennis video pro-shop office will be removed with those services relocated to the expanded Tennis Club building as noted ()'" ') Lj; :_ above. Adjacentto the west side of the restaurant a small one-story first aid station and game room (45 feet by 34 feet) will be constructed. A basement will be provided and is noted to be for pool equipment. Anew one-story building approximately 117feet long by 34 feet deep (approximately 2,000 square feet) 1\vill be constructed at the facility entry adjacent to Avenida Obregon. The buildin'g height will not exceed 15 feet. It will function as the secured entry and exit into the facility as well as housing restrooms, a retail area, office, and maintenance and service rooms. All new buildings and additions will architecturally match the surrounding existing buildings and utilize white smooth trowel texture plaster, red clay barrel tile roofing, divided light windows and exposed rafters. The remaining structures on the site will consist primarily of trellises and pool cabanas. The trellises will be cOnstructed of wood (minimum 2"x 6") and be supported by concrete columns or attached to buildings. The pool cabanas will have plaster-finished walls, a standing seam metal roof, and wood construction and be fitted with canvas flaps on the fronts which can be opened and closed. As a part of the proposal, two artificial rock formations will be constructed at the west end of the site. The larger of the two will be the southernmost formation at 28 feet high measured from the finish grade at the base of the formation. It will house three enclosed water slides that empty into an adjacent pool which is to the east of the structure. These three slides will be interior slides. This structure is approximately 180 feetfrom the closest Tennis Villa to the north; 28 feet from the closest two-story Tennis Villa to the south; and 25 feet from the tennis court to the west. To the north, outside the adjacent Tennis Villas, small patio areas are provided next to the water feature property line. To the south there are no outdoor living spaces for the two-story residential units directly facing the site. The finish grade at the base of this structure is approximately one-half foot lower than the adjacent to the closest Tennis Villa to the south. ' , , The second rock formation is located to the north of the above-described structure and will be 18.5 feel high, measured from the base of the formation andwill contain wave making equipment for the adjacent wave pool to the east. This structure is approximately 62 feet from the closest Tennis Villa to the north, 138 feet from the closest Tennis Villa to the south, and 38 feet from the tennis court to the west. The finish grade at the base of this formation adjacent to the Tennis Villas to the north is ' approximately 4.5 feet lower than the Villa's yards. Movie projector equipment will also be housed in this structure for use with a removable screen .on the outside of the foundation facing east towards the pool for evening summer movies. The Resort currently shows outdoor movies during the summer months. ~1. C~" 'll,j The exterior of these structures will be medium to dark rock-colored gunite sculptured to appear like rock al')d mimic the nearby mountains. Small trees and shrubs will be interspersed in planters at various elevations on the structures. The applicant has indicated that no tall trees would be placed on the structures. The lazy river, which allows people to tube along its length, will meander in an irregular circle around the wave pool, its artificial rock formation, and a portion of the lounging area. This river will meander adjacent to the Tennis Villas to the north with distances generally between 18 to 35 feet away., The water surface of the river is proposed to , be approximately six feet lower than the grade of the adjacent Tennis Villa yards to the . north. The children's pool area is located just west of Avenida Obregon and adjacent to the east side of the Morgan House. The nearest Tennis Villa is approximately 12.5 feet away. Morgan House The Morgan House has been listed on the 1997 Mellon and Associates Historic Survey as a historic resourceithat is eligible for listing as a Historic Landmark at the City, State and Federal levels. 'A thorough evaluation of the house has been completed by Architectural Resources Group (ARG) as a part of the Addendum for this modification to the Resort. The house is located near the northeast corner of the site and proposed to be retained in place but not used due to its non-compliance with current earthquake standards. No changes to the Morgan House are proposed as part of this proposal, and no future plans have been indicated for this building. The Morgan House will not be utilized in any way in connection with the Signature Pool facilities. The adjacent freestanding one-story garage and storage structure at the northwest corner of the Morgan House is not noted by the Mellon and Associates or ARG reports as an historic structure and will be removed. A decorative safety fence is proposed around the house to ensure the 'public's safety. The new fence will be similar in location and design to the existing fencing. , The setting for the Morgan House currently consists of a childrens' play area and jungle gym covered with a blue canvas shade structure immediately to the east, a temporary trailer and wall to the north, tennis courts and tennis court fencing to the west, and a swimming pool, tent structures, and fencing to the south. The proposed modifications would place similar facilities in the same general proximity to the Morgan House. There will not be a negative change in the character of the Morgan House's setting. Rather, the proposed design of the buildings to be constructed within the Site Development Permit area will be consistent with the Morgan House's appearance. The decorative fencing surrounding the Morgan House will have a more attractive appearance than the fencing which currently surrounds the House, and the blue canvas tarp and jungle gym would be removed. C l. /" L;A'-.l ,~}. Landscaping Landscaping plans show an extensive use of trees and shrubs with an emphasis on color. Planting materials are to a great extent low-water use plants. Specific tree types and locations are shown with sizes varying from 24-inch to 48-inch box size. One of the main treeS to be used throughout the site is the Date Palm tree with 15 feet of clear trunk height. California Fan palms will be used extensively and will be between 15 to 25 fe~t clear trunk height. , Shrub planting species are noted as a mixture of tropical-type color and desert. The plans show specific locations for the various shrubs and ground covers. Little use of turf is indicated on the plans; , Parking/Circulation The applicant is not proposing to provide new parking spaces for the Signature Pool area. The applicant states that it is not increasing the number of hotel rooms and users of the water feature will be Resort guests and La Quinta Club members who are already using the existing facilities. During in-season and other busy periods, the Resort requires employees to park at an off-site parking lot on Calle Tampico and provides shuttles to and from the Resort. This feature will continue to be utilized when the water feature is in operation. Additionally, shuttles lor guests to the water feature and adjacent Spa La Quinta from the main parking lot to the east, the valet area and other parts of the Resort, will be available to reduce the need to drive cars to the site from other areas of the Resort. When in use, the gated or manned station on Avenida Obregon will allow directing of traffic to the most appropriate parking area to ensure parking problems in the water feature area are avoided, and Avenida Obregon remains accessible to emergency vehicles and property owners who use the street for access; In order to widen a portion of the street to provide a median and controlled access on Avenida Obregon at Avenida Fernando, nine perpendicular parking spaces are being removed on the east side of Avenida Obregon. They are installing five perpendicular spaces as shown just south of the adjacent Spa La Quinta, along with new decorative street paving in front of the Spa's entry which currently has five parking spaces. These spaces will be eliminated with the area used as a passenger loading and unloading zone. This new parking area to the south is presently a landscape planter. Due to its 20 foot wide width, Avenida Obregon does not allow parallel parking on either side of the street. 'Prior to the Planning Commission meeting, the applicant submitted to staff a report, which was distributed to the Planning Commission, documenting current traffic volumes on February 9,2007 along Avenida Fernando, Avenida Obregon and the main Resort entrance drive (Attachment 5). The report also included an on-site visual parking use survey between 1 Oa.m. and 10 p.m. on February 9, of the 1,005 on-site parking spaces available. This survey did not include the remote 230 space employee parking lot on Calle Tampico. , ~ C '-1:) In summary, the study found that with the 70% occupancy of theSOO rooms available on that day, the Resort was operating within their traffic capacities. Additionally, the , highest overall parking demand observed was 52% of the parking spaces in the morning just before the 10:00 a.m. checkout time. The areas of highest parking demand were the main parking area next to the Las Flores Ballroom, and around the Spa La Quinta buildil1g on Avenida Obregon. There were parking lots with available parking spaces within 200 to 300 feet of the areas with the highest parking demand. Issues/Analysis: As noted, no additional parking facilities are proposed to be provided for this use. The applicant states there will not be an increased parking demand that will exceed the existing parking capa~ity because the pool feature is geared to increasing the Resorts occupancy during the 4S% off-season summer month occupancy when parking is readily available. Atso, based upon their research relating to Resort facility usage, the applicant states Citrus Club members who potentially could use the proposed water feature primarily use the Resort for golf and fitness and make very minimal use of the existing pools. Lastly, less than 20% of these members have qualified children who' could potentially use ,the pool feature (Attachment 6). As a part of the AvenidaObregon entry median area south of Avenida Fernando, staff is recommending the Community Development Director have the right to require the gates be installed and operated during periods of increased parking due to high water feature attendance (Condition No,15.A.l.c.). Once required by the City and until the gates are installed, th~ Resort will provide a person to man the entry and control traffic allowed to enter the area. During operation of the gates or when it is manned, this , entry area will also become the drop-off turnaround for water feature users. !' , . Avenida Obregon is a 20-foot wide private street that does not allow parallel parking on either side. It is: red-curbed and signed as a fire lane with no parallel parking allowed. During peak use periods; there have been times when guests have parallel parked along the street violating the fire lane restriction as well as making use of the street difficult. In the past; the City Code Compliance Department has received complaints regarding illegal parking on the street. As aresult, monitoring of the are,a has resulted in the iss~ance of five citations in the last ,11 months. Regular monitoring of the street for parking violations is done by the City Code Compliance Department. The gate requirement noted above is intended to alleviate this problem. , Staff is also recommending that if the City determines, due to parking problems in the immediate area of tJ:le water feature operation, up to three parking management, studies over three years after the beginning of operation, be completed to determine how to resolve any parking issues. Implementation of improvements recommended by the studies is required within one ye,ar of their requirement by the City (Conditions Nos. 23-25). C't0 it,.... :) \' As a part of the Addendum, an acoustical analysis of mechanical equipment use and expected operational' conditions was. prepared (Attachment 1). In summary, the findings of the study show that the proposed Signature Pool facilities will operate in compliance with current City noise standards. Furthermore, the amount of noise increase over existing noise' levels near the proposed Signature Pool will not be significant. The applicant will be required to comply with the City's Noise' Ordinance at all times. The Morgan House is located within the area near the northeast corner of the site. As noted above, the house will remain in place but be fenced off in order to protect both the public and Resort l,'lmployees from a seismic induced collapse. The setback of the fencing from the hous'e will be determined by the type of fencing. An open decorative fence will require a slightly bigger setback while a solid engineered fence will allow the fence to be closer to the building. Staff has recommended Condition of Approval No. 81 requiring an attractive safety/security fence be installed as a temporary measure (until the structures ,seismic instability is corrected or it is demolished) with the design and location submitted to the Community Development and Building and Safety Directors for approval, Additionally, a historic resources monitor or structural engineer is recommended to be on site whenever demolition or construction vibration or noise is occurring within 100 ;feet of the building to ensure its safety (Condition No. 82). ," With regards to the safety fencing location, the applicant has submitted an engineering report prepared by an adobe specialist with recommendations on where fencing should be placed to ensure that a collapse of the building will not endanger nearby persons. The fence location varies depending on whether the fence is structurally engineered and constructed of a solid material or not. In either case, the location of the safety fence will easily fit within the site plan of the applicant's proposal. , As noted above, the historic context of the Morgan House on,the Resort grounds will not be degraded beyond that which presently exists. When the house was originally consnucted, the area surrounding it was to a great extent undeveloped. Over the years, development of the Resort and surrounding residential development has encroached upon the house. The house is essentially surrounded by fences and walls that either keep persons in nearby areas there or away from the house; Therefore, the installation of these safety fences will not affect the historic context of the house and its surroundings. The Resort presently operates an on-site shuttle service throughout the Resort that will continue when the Signature Pool facilities are operational. Recommended Condition of Approval No. 28 in:part requires shuttle service be available to the water feature to assure guests that ac~ess is readily available if they need to park in the main parking lots to the east or elsewhere on the Resort site. The area proposed for the Signature, Pool is presently used almost exclusively for Resort recreation and with the installation of the proposed waterJeatures, the area will continue to be used for that purpose. c.} 7 In order to provide fire protection access to the two artificial rock structures on the west side of the site, the Fire Department is recommending as a condition of ' approval that' afire truck gate and access to the west side of the site, be provided on Calle Mazatlan where the tennis court is adjacent to the street (Condition No.1 05). The gates will allow Fire Department vehicles and personnel access to the artificial rock . structures from!the west. This would require a 20 foot wide portion of the existing fences between the three courts be removed or hinged. The net for the fourth court (No; 12) adjacent to the water feature will mied to be removed to provide a fire vehicle turnaround, unless an alternative (i.e. removable net poles, access through adjacent Villa Drive, etc.) is agreed upon by the Fire Department. The fire access from Avenida Obregon that exists will remain. Planning Commission Action: The Planning Commission held a Public Hearing to consider this request at its meeting of February 13, 2007. The applicant's presentation included a brief history of the Resort and its development as well as a description of the proposed Signature Pool facility. The applicant noted that it has approximately 1,600 employees. With the increased summer and shoulder month's occupancy, they predict the new facilities will help retain those employees during the Resort's traditionally slow period. Also, they noted the facilities will allow them to compete with other regional resorts that now have these types of amenities. They noted that they made numerous changes to their design to address concerns they had previously heard from surrounding property owners, such as: enqlosing all of the water slides;, lowering the grades; lowering the water surface in the lazy river and the splash pool to help retain sound; and reducing the height of the rock formations. During that hearing, approximately 33 people spoke, nearly all in opposition to the request. A number of letters, photographs and other documents were submitted to the Planning Commission (Attachment 7). The speakers and the letters noted concerns such as: increased traffic in an area that is already at times congested;, noise from the water feature users; construction noise and inconveniences;, blocking of views by the taller rock formation; loss of tennis facilities; and loss of the Resort's charm. The adjoining Homeowners' Association has hired the law firm of Guralnick & Gilliland,. LLP to prepare a letter in opposition to the proposal. This letter also includes technical reports, addressing traffic, parking and noise (Attachment 7). In response to this letter and reports, the City's traffic and noise consultants have submitted written responses' (Attachment 8). The City Attorney has noted that the Guralnick letter is based upon the erroneous assumption that the ,City is proposing to adopt a Negative Declaration in connection with this application.' This is incorrect. The environmental documentation which has been prepared for this proposal is an "Addendum." This was prepared in accordance with CEQA Guideline 15164, The Addendum builds on the analysis completed in EIR No. 41 and the subsequent environmental documents. This is appropriate because e'18 what is proposed is a modification to a 4.7-acre portion of an existing 62-acre project (the La Quinta Resort), which project has already undergone extensive and voluminous environmental review under the California Environmental Quality Act. The question isn't whether or not there will be any impacts from the Signature Pool facilities. Instead, the question is whether the replacement of Resort amenities proposed in this application will cause significant impacts beyond those previously outlined in the extensive prior environmental review. The Addendum concludes that with the proposed modifications to the Signature Pool area, the Resort as a whole will have not' greater impacts than what has already been identified and accepted. In this regard, it is important to note ~hat the proposal' involves no increase in the number of rooms available for rent. Instead, its purpose is to have more efficient usage of the existing capacity of the Resort. ' The, Planning Commission, with Commissioner Daniels absent, discussed the various issues brought up as ,well as their ideas and concerns. In addition to neighborhood concerns, items discussed by one or more of the Commissioners included: whether the Signature Pool facilities were too intense for the location; how the facility would be operated; the Resort's right to evolve and make changes; impacts on the surrounding property owners; and possible additional Conditions of Approval, including improvements to the ,berm along Eisenhower Drive and the existing pathway. The Planning Commission on a 4-0 vote adopted Resolution 2007-007 recommending certification of, an Addendum to Environmental Impact Report #41 and subsequent CEQA compliance documents for Environmental Assessment 2006-573. Then, on a motion by Commissioner Quill, the Planning Commission recommended 'approval of Site Development Permit 2006-865 (SDP). The vote was 2-2 with Commissioners Alderson and Barrows casting negative votes. The Commission was informed by the City. Attorney that City's policy is when there is a, tie vote and a commissioner is absent, the item is normally continued to the next meeting so that the absent commissioner can break the tie vote. However, the policy allows the CommissiOn to provide a different disposition ifthey can do so in a successful motion, Because the Commission action on the SDP was simply a recommendation to the Council, the Commission adopted a motion 4-0 directing that the request be sent to the City Council noting their action and the Conditions of Approval that had been suggested by Commission Chair Quill. Specifically, they requested the following additional Conditions of Approval be considered by the City Council if it is determined that the SDP be approved: 1 . That a comprehensive landscaping, irrigation and fencing plan to resolve problems and i'mprove the appearance be prepared for the Eisenhower Drive frontage and southern perimeter adjacent to the Bear Creek Bike Path for review and approval by the Community Development Director. The plan shall be implemented and completed prior to issuance of the Certificate of Occupancy for the Signature Pool facility. '" C119 '." , , , 2. That a security operations plan be submitted to the Community Development Director for approval prior to issuance of first building permit. The plans should include items such as security in the pool facility and Avenida Obregon areas during operation and after hours, control of guests in residential areas, etc. 3. That trees on the rock formations shall be limited to small trees that do not obstruct views and are compatible with the local mountain habitat. Architecture and Landscaping Review Committee (ALRC): The ALRC reviewed this request at its meeting of December 6, 2006, and on a 3-0 vote recommended approval of the request with conditions recommended by staff (Attachment 9). Historic Preservation Commission (HPC): On January 18, 200, the Historic Preservation Commission reviewed the provisions proposed to retain the Walter Morgan House at the Resort as part of their proposed water feature. The HPC requested the following additional information be submitted: 1. Retrofit costs to make house safe to occupy. 2. Future plans for the house at this time. 3. Plan for maintaining the house if not retrofitted. 4. Discussion of how the building could be used as part of the Resort. This information is required to be submitted and approved by the HPC prior to any alterations to the Morgan House other than demolition of the adjacent detached modern-era outbuilding. Public Notice: This application was advertised in the Desert Sun newspaper on February 8, 2007. All property owners in afld within 500 feet of the site were mailed a copy of the Public Hearing notice as required by the La Quinta Municipal Code. Other persons sent notices included those who sent the City letters or e-mails prior to the publishingofthe hearing notice. As of this writing, a number of letters have been received and are attached for your review (Attachment 10). Generally, the majority of the correspondence has been negative citing issues such as increased traffic and parking problems, increased noise, loss of views, loss of the Resorts original ambiance, and construction disturbance. Findings: The Findings as required by Section 9.210.010 (Site Development Permits) of the Zoning Code can be made as noted below. ' ',,"'" fJ L':: , . , 1 . Compliance wi'th the General ,Plan - The SDP site within the La Quinta Resort is designated by the General Plan and applicable Specific Plan 121 E, Amendment #5 as , Tourist Commercial which includes recreational uses. This designation permits the Resort and related recreational uses such as the proposed Signature Pool water feature. Furthermor~, the 4.7-acre site has been used for various resort-related recreational uses, including a previous "Signature Pool" where the sunken tennis courts presently exist. Therefore, the proposal is in compliance with the General Plan and Specific Plan. ' , 2. Compliance with the Zoning Code - The City Zoning Map and applicable Specific Plan 121 E, Amendmelnt No. 5 zone the 4.7 acre, site within the La Quinta Resort as Tourist Commercial. This designation permits the Resort and related recreational uses such as the proposed Signature Pool water feature. Applicable development standards are complied with based on the proposed plans' and recommended Conditions of Approval. 3. Compliance with CEOA - The La Quinta Community Development Department has caused to be prepared Environmental Assessment 2006-573 (an Addendum to Final Environmental Impact Report (EIR) Number 41 and to a series of subsequently approved environmental review documents) for this Site Development Permit in compliance with the requirements of the California Environmental Quality Act of 1970, as Amended. The Community Development Department has determined that the proposed modifications to the La Quinta Resort do not require a subsequent EIR, Supplemental EIR or a Negative Declaration/Mitigated Negative Declaration, since the circumstances described in Section 1 51 62 of the California Environmental Quality Act Guidelines do not exist, as there will be no new or more significant impacts than those disclosed in the prior EIR No. 41 and the CEQA compliance documents approved subsequently. The modifications proposed, and the circumstances under which the modifications would be carried out, do not require substantial changes to the previous EIR, or the Subsequent Environmental documents, due to the involvement, of new significant environmental impacts or a substantial increase in the severity of previously identified significant effects. In addition, there is no new information of substantial importance which would trigger. the requirement of a subsequent EIR, supplemental EIR. or Negative DeclarationiMitigated Negative Declaration in accordance with Section, 15162(a)(3). Therefore, upon certification of Environmental assessment 2006-573, the proposal will be in compliance with CEQA requirements. 4. Architectural Design - The architectural design of the proposed facilities, including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with other plans approved for construction on the Resort grounds and other surrounding development in the City. G,r"'....Jl, >. " U.4. 5. Site Design" The site design of the facilities, including, but not limited to entries, interior circulation, pedestrian amenities, and other site design elements have been established by the previous development of the 4.7 -acre area on the Resort grounds. 'The center tennis court area has been used for a pool in the past and, with this project, Will be again used for that purpose. The proposed facilities will be compatible with surrounding hotel development and with the quality of design prevalent:in the City. 6. Landscape Design - The proposed landscaping includes,~ut not limited to the location, type, size,color, texture, and coverage of plant materials is designed so as to provide relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, and provide a harmonious transition between adjacent land uses.. It will provide an overall unifying influence; enhance the visual continuity of the facilities, complement the surrounding area and comply with City and CVWD water efficiency requirements, ensuring efficient water use. 7. , Sign Programs" A comprehensive sign program, including on-site facility and Resort directional signage is required upon approval of this proposal prior to issuance of the first building permit. Resort area directional signage will include. shuttle routes and stops. Conclusion: The Resort has grown and continuously evolved over the years. It began with 20 casitas' and one restaurant. Over the years it has been expanded and been modified to include 62 acres and over SOO rooms, along with extensive recreational activities including golf, tennis, fitness, biking~ and water activities. The Signature Pool proposal is an evolution of the recreational activities at the resort. . During the final preparation of this staff report on February 16, staff received from the applicant a letter outlining additional measures the Resort was willing to undertake, and clarification, on the additional Transient Occupancy Tax the pool feature is expected to generate (Attachment 11). Staff will review this letter and provide a report at the public hearing. FINDINGS AND ALTERNATIVES: The Findings for approval can be made as noted above and in the attached Resolutions. The alternatives available to the Council include: 1 . Adopt a Resolution of the City Council certifying an Addendum to the Environmental Impact Report and subsequent CEQA compliance documents and approving Site Development Permit 2006-865, subject to the Conditions of Approval; or 2. Deny the request; or ---------- .r:"';0d \.'...... ... , " , . 3. Provide staff with alternative direction. Respectfully submitted, Dou!:f!:f~ ~' / Community Development Director 0Z:L Thomas P. Genovese, City Manager Attachments: 1. Addeildum (EA 2006-5731 Note: Previously distributed to City Council and Errata to Addendum attached 2. Location Map 3. Plan exhibit booklet - City Council only 4. Signature Pool'description 5. La Quinta Resort & Club Current Traffic Volumes and Parking Conditions 6. Letter from Paul J. McCormick dated January 11, 2007 7. Items submitted to Planning Commission at meeting of February 13, 2007 8. Noise and Traffic Consultant's response letters 9. ALRC minute'sfor the meeting of December 6, 2007 10. Letters received from public - Separate attachment due,to size C~0 I\,;: ,) SIUA PLANNING COMMISSION STAFF REPORT DATE: MARCH 13, 2007 REQUEST: FINDING OF GENERAL PLAN CONFORMITY FOR LA QUINTA REDEVELOPMENT AGENCY'S ACQUISITION OF APPROXIMATELY 19.9 ACRES OF LAND FOR THE CONSTRUCTION AND OPERATION OF AFFORDABLE HOUSING AND COMMERCIAL/RETAIL USES LOCATION: SOUTH SIDE OF HIGHWAY 111, EAST OF DUNE PALMS ROAD (APN: A PORTION OF 649-030-016 AND 017) APPLICANT: LA QUINT A REDEVELOPMENT AGENCY BACKGROUND: California Government Code Section 65402 requires that a jurisdictions planning agency (i.e., Planning Commission)- review and report upon whether a proposed acquisition of real property for public purposes is consistent with the adopted General Plan. PROPOSED PROJECT: The City of La Quinta's Redevelopment Agency approved the acquIsition of approximately 19.9 acres of property located on Highway 111, pursuant to an Assignment of Agreement for Purchase and Sale and Escrow Instructions and First Amendment to Agreement for Purchase and Sale and Escrow Instructions on March 6, 2007. The property is located on the south side of Highway 111, east of Dune . Palms Road (Attachment 1). The acquisition would allow the construction and operation of affordable housing and commercial/retail uses. FINDINGS: The Planning Commission is required to determine whether the proposed acquisition of property for public purposes is consistent with the adopted General Plan. Several current General Plan policies. are applicable and are referred to for conformance determination as follows: LAND USE ELEMENT: The adopted General Plan Land Use Element designates the site and surrounding properties as Regional Commercial (RC), which permits major commercial land uses as well as affordable housing that service the local and regional population. The Element indicates the need to maintain compatible high quality land uses. This project will not alter the surrounding land use designations, and is consistent with the Element. CIRCULATION ELEMENT: This Element indicates the need to establish and maintain a transportation and circulation network that efficiently, safely and economically moves people, vehicles, and goods using facilities that meet the current demands and projected needs of the City, while maintaining and protecting its residential resort character. This project will improve the existing circulation network and will facilitate safe, efficient traffic circulation in that vicinity. OPEN SPACE ELEMENT: No key planning issues or policies are identified. PARK AND RECREATION ELEMENT: No key planning issues or policies are identified. ENVIRONMENTAL CONSERVATION ELEMENT: No key planning issues or policies are identified. NA TURAL RESOURCES: This element provides several policies and programs designed to protect and preserve the unique and/or valuable resources, including biologic resources. .Thearea at issue is disturbed. To the extent applicable, this project will be subject to the requirements the Coachella Valley Fringe-Toed Lizard Fee Mitigation Program. INFRASTRUCTURE AND PUBLIC SERVICES ELEMENT: No key planning issues or policies are identified. ENVIRONMENTAL HAZARDS ELEMENT: This Element indicates that the site is . within an area that is susceptible to wind-blown sand, collapsible soils, potential liquefaction hazard, and seismically induced settlement. If the property is acquired, the construction of any affordable housing will meet all applicable engineering requirements, and the street and landscape improvements will reduce the potential for blowsand in the vicinity of the subject property. CULTURAL RESOURCES ELEMENT: No key planning issues or policies are identified. RECOMMENDATION: Adopt Planning Commission Resolution 2007-_, confirming findings of conformity with the La Ouinta General Plan for a potential acquisition, construction and operation of affordable housing and that a portion of the property would be developed for commercial/retail uses for property located on the south side of Highway 111 east of Dune Palms Road. PLANNING COMMISSION RESOLUTION 2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING FINDINGS OF CONFORMITY WITH THE LA QUINTA GENERAL PLAN FOR A POTENTIAL ACQUISITION OF 19.9 ACRES BY THE REDEVELOPMENT AGENCY OF PROPERTY LOCATED ON THE SOUTH SIDE OF HIGHWAY 111, EAST OF DUNE PALMS ROAD IN THE CITY OF LA QUINTA, CALIFORNIA APPLICANT: LA QUINTA REDEVELOPMENT AGENCY WHEREAS, California Government Code Section 65402 requires that a jurisdiction's planning agency (i.e., Planning Commission) review and report upon whether a proposed acquisition of real property for public purposes is consistent with the adopted General- Plan; and WHEREAS, the La Ouinta Redevelopment Agency, as a local agency as defined under Government Code section 65402, is considering acquiring approximately 19.9 acres of property located on Highway 111, pursuant to an Assignment of Agreement for Purchase and Sale and Escrow Instructions and First Amendment to Agreement for Purchase and Sale and Escrow Instructions; and WHEREAS, at this time it is contemplated that a portion of the property would be used for the construction and operation of affordable housing and that a portion of the property would be developed for commercial/retail uses; and WHEREAS, the Planning Commission of the City of La Ouinta, California, (the "Planning Commission") did on the 13th of March, 2007, review and report upon whether a proposed acquisition of real property for public purposes conforms with the adopted General Plan; and, WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following findings of approval to confirm conformity with the La Ouinta General Plan: 1 . The proposed acquisition is consistent with the objectives, policies, general land uses and programs of the City of La Ouinta General Plan for the reasons stated in the staff report. 2. The proposed acquisition conforms with public convenience and the general welfare by providing for extensive public improvements, conforms to good land Planning Commission Resolution 2007-_ General Plan Conformance Review Adopted: March 13. 2007 use practice - by encouraging a long-range, comprehensive approach to the development of major services and commercial development conforms to the City's obligation to provide affordable housing in compliance with its RHNA allocation. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Ouinta. California. as follows: 1 . That the above recitations are true and constitute the findings of the Planning Commission in this case; 2. That it does determine that the potential acquisition of the property conforms to the City's General Plan for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Ouinta City Planning Commission,held on the 13th day of March, 2007, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: PAUL OUILL, Chairman City of La Ouinta. California ATTEST: DOUGLAS R. EVANS Community Development Director City of La Ouinta, California