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2016 12 07 DH DIRECTOR’S HEARING DECEMBER 7, 2016 DIRECTOR’S HEARING AGENDA CITY HALL STUDY SESSION ROOM 78-495 Calle Tampico, La Quinta MEETING on WEDNESDAY, DECEMBER 7, 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. 1. Continued from November 16, 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 2, 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 7, 2016 DATED: December 1, 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. Page 1 of 3 DIRECTOR’S HEARING STAFF REPORT DATE: DECEMBER 7, 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 not revoke Minor Use Permit (MUP) 2015-0004 due to the evidence of substantial landscape improvements, on-site maintenance, and debris removal by the applicant. 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 applicant and the City. PH 1 Page 2 of 3 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 Page 3 of 3 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. A list minor nuisance abatement items was provided to the applicant to correct. The terms of the Secondary Letter of Agreement will be considered fulfilled and the applicant in compliance with Condition No. 1 of MUP 2015- 0004 once the remaining items are corrected by the applicant. 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 4 ATTACHMENT 5 ATTACHMENT 6 ATTACHMENT 7 SITE PHOTOS- JANUARY 22, 2016 ATTACHMENT 8 SITE PHOTOS- DECEMEBER 1, 2016 ATTACHMENT 9