2016 12 14 DH
DIRECTOR’S HEARING DECEMBER 14, 2016
DIRECTOR’S HEARING
AGENDA
CITY HALL EAST CONFERENCE ROOM
78-495 Calle Tampico, La Quinta
MEETING on WEDNESDAY, DECEMBER 14, 2016 AT 11:00 A.M.
PUBLIC HEARINGS
For all Public Hearings on the agenda, a completed “Request to Speak” form must be
filed with the Executive Assistant prior to consideration of that item.
A person may submit written comments to the Director before a public hearing or
appear in support or opposition to the approval of a project(s). If you challenge a
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.
2. Continued from December 7, 2016 - Revocation of Minor Use Permit 2015-0004
for the establishment and operation of a 135,000 square-foot convention
center. Applicant (MUP2015-0004): La Quinta Tourism LP CEQA: exempt from
further environmental review pursuant to Section 15301 (Existing Facilities).
Location: 79-315 Highway 111
ADJOURNMENT
DECLARATION OF POSTING
I, Wanda Wise-Latta, Executive Assistant of the City of La Quinta, do hereby declare
that the foregoing Agenda for the Director’s Hearing was posted on the outside entry
to the Council Chamber at 78-495 Calle Tampico, and the bulletin boards at 78-630
Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on
December 9, 2016.
Director’s Hearing Agendas and staff
reports are now available on the
City’s web page: www.la-quinta.org
DIRECTOR’S HEARING DECEMBER 14, 2016
DATED: December 9, 2016
WANDA WISE-LATTA, Executive Assistant
City of La Quinta, California
PUBLIC NOTICES
The La Quinta City Study Session Room 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 Director, 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 Director during a Director’s Hearing, please be
advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive
Assistant for distribution. It is requested that this take place prior to the beginning of the meeting.
Any writings or documents provided to the Director regarding any item(s) on this agenda will be
made available for public inspection at the Design and Development Department’s counter at City
Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours.
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DIRECTOR’S HEARING
STAFF REPORT
DATE: DECEMBER 14, 2016
CASE NUMBER: MINOR USE PERMIT 2015-0004
APPLICANT: LA QUINTA TOURISM LP
PROPERTY OWNER: LA QUINTA TOURISM LP
PROPOSAL: CONSIDER PERMIT REVOCATION OF MINOR USE PERMIT
2015-0004 FOR THE ESTABLISHMENT AND OPERATION OF A
135,000 SQUARE-FOOT CONVENTION CENTER
CEQA: THE CONVENTION CENTER USE UNDER MUP 2015-0004 IS
EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW
PURSUANT TO SECTION 15301 CLASS 1 (EXISTING
FACILITIES).
LOCATION: 79315 HIGHWAY 111
LEGAL: APN: 600-340-028, 600-349-003, 600-340-002,
600-020-029
RECOMMENDED ACTION:
Staff recommends that the Director consider evidence of landscape improvements,
on-site maintenance, debris removal, and future site maintenance by the applicant of
Minor Use Permit (MUP) 2015-0004 and decide whether revocation of the permit is
warranted. Revocation Findings are included if the Director decides to revoke the
permit.
EXECUTIVE SUMMARY:
The conditions of approval of MUP 2015-0004 authorize the Director to modify or
revoke the Minor Use Permit if the property is operated or maintained so as to
constitute a public nuisance. A Notice of Substandard Building and/or Property was
recorded on January 26, 2016 due to the removal of canopy trees, lack of on-site
landscape maintenance, and debris at the subject site. The applicant did not comply
with the October 6, 2016 deadline to abate the property nuisances pursuant to the
Letter of Agreement entered into between the City of La Quinta and applicant. Staff
requests that the Director of Design and Development consider revocation of MUP
2015-0004 with the evidence of progress by the applicant towards abatement of the
public nuisance pursuant to a Secondary Agreement entered into between the
PH 1
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applicant and the City.
BACKGROUND:
The Community Development Director approved Minor Use Permit 2015-0004 on
August 20, 2015 to establish and operate a 135,000 square foot convention center
located at 79315 Highway 111 (Attachment 3). The building is considered an “M”
Occupancy, Mercantile use and requires a change to an “A” Occupancy, Assembly use.
The applicant submitted a building permit application to the City on October 30, 2015
for proposed tenant improvements to remodel the building in preparation of the
planned Coachella Valley Wind Up music festival event. The convention center use
will be considered established once a certificate of occupancy is issued for completion
of convention center tenant improvements. The applicant did not proceed with the
building remodel and the building permit for tenant improvements was never issued.
During the wind events in November 2015, numerous mature mesquite trees in the
landscape diamonds in the parking area of the subject site were observed to have
fallen over by City staff. The applicant subsequently removed up to 100 trees and did
not proceed to replace the trees. In addition to the removed trees, the site was
observed to include a lack of landscape maintenance and debris. On January 25, 2016
Code Compliance mailed a Notice of Public Nuisance regarding the landscape and
general site maintenance (Attachment 4). A Notice of Substandard Building and/or
Property was recorded on the property on January 26, 2016 (Attachment 5).
The applicant entered into a letter of agreement with the City of La Quinta on May 10,
2016 for correcting the public nuisance no later than October 6, 2016 and the
correction of the public nuisance issues did not occur by the agreed date (Attachment
6).
ANALYSIS:
The Director of Design and Development is authorized by Condition No. 1 of MUP 2015-
0004 to modify or revoke the approval if the property is operated or maintained so as
to constitute a public nuisance. Planning Division staff informed the applicant on
October 24, 2016 that revocation proceedings would be initiated due to the lack of
compliance by the applicant with Condition No. 1 and based on the inability of the
applicant to perform nuisance abatement work pursuant to the May 10, 2016 Letter of
Agreement. A notice of the revocation proceedings for the minor use permit was
mailed to the applicant on November 1, 2016.
A secondary Letter of Agreement was executed on November 1, 2016 between the
applicant and the City of La Quinta, which requires the replanting of all missing trees,
landscape maintenance and the corrections of all violations at the subject site by
December 6, 2016 with intermediate benchmarks (Attachment 7). Staff has observed
the abatement activities occurring on the site beginning November 8, 2016, which
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included removal of all tree stumps, repair of the irrigation system, debris removal,
and installation of new ficus and mesquite trees of a mature size. Anthony Moreno,
Code Compliance Supervisor, conducted a site inspection on November 28, 2016 and
observed substantial progress by the applicant toward the requirements of the
Secondary Letter of Agreement. At the December 7, 2016 Director’s hearing, the
Director of Design and Development requested evidence of an executed contract
between the applicant and a landscape maintenance contractor for future
maintenance of the site to demonstrate compliance with the terms of the Secondary
Letter of Agreement.
PUBLIC REVIEW:
Public Notice:
This project was advertised in The Desert Sun newspaper on November 4, 2016, and
mailed to all property owners within 500 feet of the site. No comment letters have
been received.
ENVIRONMENTAL REVIEW
The City of La Quinta Design and Development Department has determined that the
convention center use is Categorically Exempt from the provisions of the California
Environmental Quality Act (CEQA) and is exempt from further environmental review
pursuant to section 15301 (Class 1 – Existing Facilities).
Prepared by: Gabriel Perez, Planning Manager
Attachments: 1. Project Information
2. Project Area Site Map
3. Approval Letter MUP2015-0004
4. Notice of Public Nuisance- January 25, 2016
5. Notice of Substandard Building and/or Property
6. Letter of Agreement- May 10, 2016
7. Secondary Letter of Agreement- November 1, 2016
8. Site Photos January 22, 2016
9. Site Photos November 30, 2016
FINDINGS– RECOMMENDED
REVOCATION OF MINOR USE PERMIT 2015-0004
LA QUINTA TOURISM
ADOPTED:
Page 1 of 1
FINDINGS FOR REVOCATION OF MINOR USE PERMIT 2015-0004
1. On January 25, 2016 Code Compliance mailed a Notice of Public Nuisance
regarding the lack of landscape and general site maintenance.
2. A Notice of Substandard Building and/or Property regarding violations of La Quinta
Municipal Code Sections 9.60240 (E)(3), 11.72.030 (T)(1), 11.72.030 (T)(7),
11.72.030 (T)(8) and 11.73.0340 (A) was recorded on January 26, 2016.
3. The applicant entered into a letter of agreement on May 10, 2016 with the City of
La Quinta for correcting the public nuisance no later than October 6, 2016 and the
correction of the public nuisance issues did not occur by the agreed date.
4. Condition #1 upon which such approval was granted or extended has been
violated. Pursuant to Condition #1, the Director is authorized to modify or revoke
the approval of it be determined that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare, or
materially injurious to property, improvements, or other uses in proximity to the
subject property, or if the property is operated or maintained so as to constitute a
public nuisance. The property has been determined to be operated to constitute a
public nuisance as evidenced by the Notice of Substandard Building and/or
Property (January 26, 2016) and an administrative citation #16-0503 (October 9,
2016).
5. Surrounding Uses. Since approval of the application the subject property has been
maintained so as to create conditions materially detrimental to the public health,
safety and general welfare or injurious to or incompatible with other properties or
land uses in the vicinity.
Project Information
CASE NUMBER: MINOR USE PERMIT 2016-0004
APPLICANT: LA QUINTA TOURISM LP
PROPERTY OWNER: LA QUINTA TOURISM LP
PROPOSAL: CONSIDER PERMIT REVOCATION OF MINOR USE PERMIT
2015-0004 FOR THE ESTABLISHMENT AND OPERATION OF A
135,000 SQUARE-FOOT CONVENTION CENTER
LOCATION: 79315 HIGHWAY 111
GENERAL PLAN
DESIGNATION: GENERAL COMMERCIAL
ZONING
DESIGNATION: REGIONAL COMMERCIAL
SURROUNDING
ZONING/LAND USES: NORTH: REGIONAL COMMERCIAL
EXISTING COMMERCIAL CENTER
SOUTH: REGIONAL COMMERCIAL
WOLFF WATERS PLACE
EAST: COMMERCIAL PARK
MAJOR COMMUNITY FACILITIES
STORQUEST SELF STORAGE
DESERT SANDS UNIFIED SCHOOL
DISTRICT
WEST: REGIONAL COMMERCIAL
WALMART SUPERCENTER
ATTACHMENT 1
SH-111
DUNE PALMS RD±
Vicinity Map
Site
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
ATTACHMENT 5
ATTACHMENT 6
ATTACHMENT 7
SITE PHOTOS- JANUARY 22, 2016
ATTACHMENT 8
SITE PHOTOS- DECEMEBER 1, 2016
ATTACHMENT 9