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2016 10 25 PC MinutesCALL TO ORDER PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 25,_2016 A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson Bettencourt. PRESENT: Commissioners Blum, Fitzpatrick, Wright and Chairperson Bettencourt ABSENT: Commissioner Quill STAFF PRESENT: Department Director Tim Jonasson, Planning Manager Gabriel Perez, Assistant City Attorney Morgan Wazlaw, Principal Engineer Bryan McKinney, Executive Assistant Wanda Wise -Latta, and Office Assistant Carley Votaw Commissioner Fitzpatrick led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed Commissioner Quill joined the meeting at 6:02 p.m. APPROVAL OF MINUTES Motion - A motion was made and seconded by Commissioners Wright/Fitzpatrick to approve the Planning Commission Minutes of October 11, 2016 as submitted with the following amendment to page two, paragraph six and read as follows: "Staff addressed Chairperson Bettencourt's question regarding hours of operation. Staff f stated that if the Planning Commission would have an interest in adjusting the hours of operation it could be addressed in the Conditions of Approval." AYES: Commissioners, Blum, Fitzpatrick, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: None. ABSTAIN: None. Motion Passed. PUBLIC HEARING PLANNING COMMISSION MINUTES 1 OCTOBER 25, 2016 1. Site Development Permit 2016-0005 submitted by SilverRock Development Company, LLC for the consideration of the site plan, architectural design and landscaping for a 140 -room luxury hotel, 29 hotel -branded residences, spa, meeting and conference center, and a shared service center. Project: SilverRock Resort. CEQA: previously reviewed under Environmental Assessment 2014-1003; the project is consistent with the analysis previously approved. Location: southwest corner of Jefferson Street and Avenue 52. Planning Manager Gabriel Perez presented the information contained in the staff report, a copy of which is on file in the Design and Development Department. Planning Manager Perez stated that two letters had been received and distributed to the Planning Commission prior to the meeting. Correspondence was received from Mr. Ray Rooker of Ray Rooker Architects who is a former member of the Architectural and Landscaping Review Board and correspondence was received from D. Wayne Brechtel, Esq. with Worden Williams LLP who submitted comments on behalf of the Sierra Club and the Center for Biological Diversity regarding mitigation of the installation of a fence to prevent bighorn sheep from entering the SilverRock site and which stated that the Commission should not approve Site Development Permit 2016-0005 until there is immediate work to install the fence and this should occur before there is any grading activity on site. Assistant City Attorney Wazlaw stated that the letter received from Worden Williams regarding the bighorn sheep alleges that the City would be in violation of the Coachella Valley Multiple Species Conservation Plan. She said that the City Attorney's Office was aware of this issue as they received a 60 -day notice of intent to sue the U.S Fish and Wildlife Service, Coachella Valley Conservation Commission, the Department of Fish and Wildlife and the City regarding this issue. She also stated that the conservation plan requires a fence or barrier be constructed between the development and the bighorn sheep and as part of this project, there are two conditions of approval which are the same as the mitigation measure that was crafted for the project. She said that one requires a buffer between the toe of slope and the bighorn sheep territory and the other is the same as what the MSHCP requires, which is an eight -foot fence or the functional equivalent. She also stated that the same language is in the purchase, sale and development agreement and the City is looking at alternatives to deal with the issue and that an_EIR is being prepared and should be completed in November. She stated that there is a condition of approval with regards to this project that reads that the project will not go forward until a fence or functional equivalent is installed to meet the intent of the MSHCP and that the City will not transfer property until the security for a fence is provided. PLANNING COMMISSION MINUTES 2 OCTOBER 25, 2016 Planning Manager Perez said that the condition referred to by the Assistant City Attorney is Condition No. 54 of the staff report. He also stated that he would like to make one change in order to be completely consistent with the mitigation measure approved with the Environmental Assessment and that the condition states that "if the department transfers or disposes of any property adjacent to the hillside, the department shall reserve an easement sufficient for the construction of fencing if needed in the future". He said the mitigation measure actually states agency instead of department and for consistency, department refers to the City of La Quinta. Public Speaker: Robert Green, President, Robert Green Company, Encinitas, CA - introduced himself and members of his team. Mr. Green stated that he would be happy to answer any questions. He said that the second Site Development Permit application which will include Planning Areas 5, 6 and 10 had been submitted. Mr. Green also said that he accepted the Conditions as presented by staff which included the treatment of the bighorn sheep. Mr. Green addressed Commissioners' inquiries regarding the color palette; the mid-century architecture; CC&R's regarding the residential properties; and visual impact of the mountains. Public Speaker: Kevin Heinly, Principal/Marketing Director, Gensler, San Diego, CA - introduced himself and addressed the Commissions inquiries regarding the color. Public Speaker: Joel Harms, Burton Landscape Architecture, Solana Beach, CA - introduced himself and addressed a Commissioner's concerns regarding the success of living walls and the use of mesquite trees. Mr. Green addressed a Commissioner's inquiries regarding mid-century design and the use of flat roofs. He stated that the objective was not to have the architecture dominate the site. A Commissioner asked if there were concerns regarding bird strikes with such a large amount of glass utilized in the design and if there were any concerns raised by the Coachella Valley Conservation Commission. Staff responded that there were none. Chairperson Bettencourt declared the PUBLIC HEARING OPEN at 7:01 p.m. Public Speaker: Ray Rooker, La Quinta, CA - introduced himself and shared his concerns regarding the project. Chairperson Bettencourt declared the PUBLIC HEARING CLOSED at 7:08 p.m. PLANNING COMMISSION MINUTES 3 OCTOBER 25, 2016 Mr. Green stated that their goal is to create a destination with its own identity and uniqueness. He thanked the Commission for their comments regarding coloration issues and landscaping palette. Design and Development Director Tim Jonasson provided clarification regarding the buffer area or the toe of slope and stated that there is a mitigation measure that calls for a variable width buffer to have species of plants that are not appetizing to the bighorn sheep. Motion - A motion was made and seconded by Commissioners Quill/Wright to adopt Resolution No. 2016-016 approving Site Development Permit 2016-0005 and a finding of consistency with Environmental Assessment 2014-1003 for the SilverRock Resort project with staffs recommendations and with the replacement of the word "department" with the word "agency" in Condition No. 54 and the removal of honey mesquite trees from the plant palette. AYES: Commissioners Blum, Fitzpatrick, Quill, Wright and Chairperson Bettencourt. NOES: None. ABSENT: None. ABSTAIN: None. CORRESPONDENCE AND WRITTEN MATERIAL - None COMMISSIONER ITEM Commissioner Fitzpatrick commended staff and Mr. Green's design team for their efforts and appreciated the community outreach and presentations regarding the project at SilverRock. Commissioner Quill inquired regarding the Warden Williams letter and Assistant City Attorney Wazlaw indicated that they had filed a lawsuit. STAFF ITEMS - None ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Fitzpatrick to adjourn this meeting at 7:19 p.m. Motion passed unanimously. Respectfully submitted, V�4 _&� t� WtA�) - WANDA WISE-LATTA, Executive Assistant City of La Quinta, California PLANNING COMMISSION MINUTES 4 OCTOBER 25, 2016