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2022 01 25 PC Minutes PLANNING COMMISSION MINUTES Page 1 of 7 January 25, 2022 PLANNING COMMISSION MINUTES TUESDAY, JANUARY 25, 2022 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 5:05 p.m. by Chairperson Nieto. This meeting provided teleconferencing accessibility pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.). PRESENT: Commissioners Caldwell, Currie, Hassett (joined at 5:13 P.M.), McCune (joined 5:15 P.M.), Proctor, Tyerman, and Chairperson Nieto ABSENT: None STAFF PRESENT: Design & Development Director Danny Castro, Public Works Director/City Engineer Bryan McKinney, Planning Manager Cheri L. Flores, Senior Planner Carlos Flores, Associate Planner Siji Fernandez, Commission Secretary Tania Flores, City Attorney Bill Ihrke CONSULTANTS: Planning Consultant Nicole Criste with Terra Nova Planning & Research, Inc. PLEDGE OF ALLEGIANCE Commissioner Proctor led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Alena Callimanis, La Quinta – opposed the Coral Mountain Resort project and provided information regarding extreme heat, California Health and Safety Code Chapter 5 pertaining to Safe Recreational Water Use; water consumption. PLANNING COMMISSION MINUTES Page 2 of 7 January 25, 2022 PUBLIC SPEAKER: Armita Ariano, Coachella Valley Water Keeper Staff Attorney – opposed the Coral Mountain Resort project and disputed Coachella Valley Water District’s representation of the water supply for the project; provided information regarding water supply shortages and future water restrictions; environmental justice issues due to increased water consumption. PUBLIC SPEAKER: Mike Rowe, La Quinta – requested that the Planning Commission take Public Hearing Item No. 3 regarding Griffin Ranch first to limit the public and applicant wait time as the recommendation for that item is for continuance. MOTION – A motion was made by Chairperson Nieto to move the Public Hearing Item No. 3 to the first Public Hearing Item for consideration. Motion passed unanimously. CONFIRMATION OF AGENDA MOTION – A motion was made and seconded by Commissioners Proctor/Caldwell to confirm the Agenda as amended. Motion passed unanimously. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATION – None. CONSENT CALENDAR 1. ADOPT RESOLUTION FINDING THE PROPOSED PURCHASE BETWEEN THE CITY OF LA QUINTA AND MANNINO LIVING TRUST FOR CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF HIGHWAY 111, WEST OF DUNE PALMS (APN 600-390-024) CONSISTENT WITH THE GENERAL PLAN 2035. CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b) (3) “COMMON SENSE EXEMPTION” Commissioners expressed appreciation to the City in consideration of enhancement to the Highway 111 corridor and expanding the mixed-use and affordable housing plans. MOTION – A motion was made and seconded by Commissioners Currie/Hassett to approve the Consent Calendar, as presented. Motion passed unanimously. BUSINESS SESSION – None. STUDY SESSION – None. PUBLIC HEARINGS PLANNING COMMISSION MINUTES Page 3 of 7 January 25, 2022 3. Item was moved to first consideration during confirmation of Agenda >>> ADOPT RESOLUTIONS TO APPROVE AN ADDENDUM TO EA2006-577 AND FIND THE PROJECT CONSISTENT WITH THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION (EA2006-577) AND TO APPROVE TENTATIVE TRACT MAP 2021-0001 (TTM 38083) FOR 37 RESIDENTIAL LOTS ON 24.46 ACRES WITHIN THE GRIFFIN RANCH SPECIFIC PLAN AREA; CEQA: THE DESIGN & DEVELOPMENT DEPARTMENT HAS PREPARED AN ADDENDUM TO THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION (EA2006-577) PURSUANT TO SECTION 15164 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: SOUTH SIDE OF AVENUE 54 BETWEEN MADISON STREET AND MONROE STREET DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT – None. Associate Planner Fernandez presented the staff report which is on file in the Design and Development Department. Staff answered questions regarding public comment received regarding this item; current use and future plans of the adjacent Estate House and property; reasons for the requested amendments. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING OPEN AT 5:31 P.M. PUBLIC SPEAKER: Mike Rowe, La Quinta – opposed the project at this time and requested the item be continued to allow time for surrounding homeowners to meet and confer with the Applicant regarding the proposed project; answered Commission questions regarding his perception of the Applicant’s willingness to meet with the homeowners and develop a solution for homeowner’s concerns. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 5:35 P.M. City Attorney provided guidance on procedures for continuing the Public Hearing on this item to a date certain; Commission discussion followed regarding continuance of the item. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING RE-OPEN AT 5:35 P.M. PLANNING COMMISSION MINUTES Page 4 of 7 January 25, 2022 MOTION – A motion was made and seconded by Chairperson Nieto/Commissioner Currie to continue the Public Hearing to consider adoption of a resolution to approve an Addendum to EA2006-577 and find the project consistent with the previously adopted Mitigated Negative Declaration (EA2006-577) and to approve Tentative Tract Map 2021-0001 (TTM 38083) for 37 residential lots on 24.46 acres within the Griffin Ranch Specific Plan, to a date certain of February 8, 2022. Motion passed unanimously. 1. CONTINUED FROM JANUARY 11, 2022 – ADOPT RESOLUTIONS RECOMMENDING THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION (EA2021-0010) AND A GENERAL PLAN AMENDMENT (GPA2020-0001), FOR THE 2022-2029 HOUSING ELEMENT UPDATE AND UPDATES TO 2035 GENERAL PLAN CHAPTER IV, ENVIRONMENTAL HAZARDS (SAFETY ELEMENT). CEQA: A NEGATIVE DECLARATION WAS PREPARED UNDER ENVIRONMENTAL ASSESSMENT 2021-0010. LOCATION: CITY-WIDE DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT – None. Planning Consultant Criste presented the staff report which is on file in the Design and Development Department. Staff expressed appreciation for Planning Consultant Criste’s hard work on this item; potential locations for affordable housing opportunity with the previously approved recommendation for property acquisition of Consent Item No. 1. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING OPEN AT 5:50 P.M. PUBLIC SPEAKER: None. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 5:50 P.M. MOTION – A motion was made and seconded by Chairperson Nieto/ Commissioner Hassett to recommend City Council adoption of a Negative Declaration (EA2021- 0010). Motion passed unanimously. MOTION – A motion was made and seconded by Chairperson Nieto/ Commissioner Proctor to recommend City Council adoption of a General Plan Amendment (GPA2020-0001), for the 2022-2029 Housing Element Update and updates to the 2035 General Plan Chapter IV, Environmental Hazards (Safety Element). Motion passed unanimously. PLANNING COMMISSION MINUTES Page 5 of 7 January 25, 2022 2. ADOPT A RESOLUTION RECOMMENDING APPROVAL OF A DEVELOPMENT AGREEMENT FOR POLO VILLAS. CEQA: THE PROJECT IS CONSISTENT WITH PREVIOUSLY ADOPTED ENVIRONMENTAL ASSESSMENTS 2005-537 AND 2010-608. LOCATION: WEST OF MADISON STREET BETWEEN AVENUES 50 AND 52 DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT – None. Planning Manager Flores presented the staff report which is on file in the Design and Development Department. Staff answered questions regarding the principal uses of the current and proposed homes; current guidelines for approving Development Agreements (DA) that allow for exemptions to the Municipal Code that prohibits new Short-Term Vacation Rental (STVR) permit issuance and DA provisions for such issuance; Code compliance and violation history of the development’s existing STVRs; noticing procedures and efficacy for this Public Hearing; public feedback or comment received to date; number of permanent or long-term residents within the noticing area; the transferability of STVR permits if DA is approved; the Polo Estates policies on STVR permits; current and prospective ownership of the units within the development. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING OPEN AT 6:19 P.M. PUBLIC SPEAKER: Alena Callimanis, La Quinta – opposed the project due to language of the Public Hearing Notice; expressed opinion over the DA’s inconsistency with the City’s current code which restricts issuance of STVR permits. Applicant Fiona Quinn, Vice President of Legal Affairs for Avantstay, answered questions regarding Avantstay’s primary interest in the property for STVR use; Code compliance and violation history of the properties existing units and the Applicant’s existing STVR properties outside of the development; primary use of residential properties surrounding the development; internal and third party on- site security and property rental management; the ability to rent the units as long- term rentals. Co-Applicant Sean Breuner, CEO of Avantstay, provided a brief overview of the current development’s primary uses; the positive fiscal impact this community will have on the City due to projected Transient Occupancy Tax receipts; the company’s history of successful management of STVR properties with minimal code violations; the intent of the company to provide a high-end, luxury experience with value added services to include private chef services and fully stocked amenities offered at a premium price; the added on-site 24 security; the requests consistency with the existing property uses and proximity to the site of PLANNING COMMISSION MINUTES Page 6 of 7 January 25, 2022 the festivals; the property’s ability to insulate STVR issues from outside residences due to the layout of the development as well as internally controlled trash and noise levels; traffic and festival access agreements with Golden Voice to minimize STVR tenant impact on public access in the festival areas. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 6:31 P.M. The Commission discussion followed regarding noticing language and procedures; consistency with existing units and inconsistency with the City’s Municipal Code as it relates to STVR permits; history of Code compliance and violations within the existing community and of the prospective owners; possibility of approval setting a precedence for other developers; DA negating the work of the STVR Ad-Hoc Committee and City Council to limit STVR permits; standard 50-year Development Agreement terms; the importance of Transient Occupancy Tax and the benefits to the City; appropriateness of STVR for this particular area and for clusters of STVR limiting exposure to long-term residences; the Commission’s ability to evaluate Agreements that include STVR provisions on a case-by-case basis; DA provisions requiring specific compliance measures be met; the intent of the original development of the Polo Villas and other possible uses given its proximity to the festivals site. Due to technical difficulties, Commissioner Proctor left the meeting during his comments at 6:44 P.M. and returned at 6:45 P.M. for the duration of the meeting. This did not result in the loss of a quorum during this time, and he was allowed the floor to complete his comments prior to a motion being made. MOTION – A motion was made and seconded by Chairperson Nieto/Commissioner Currie to adopt a resolution recommending the City Council approval of a Development Agreement (DA2021-0003) and find the project consistent with the previously adopted Mitigated Negative Declarations EA2005-537 and EA2010-608, as recommended. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND GTGF, LLC RELATING TO POLO VILLAS RESIDENCES AND A FINDING THAT THE PROJECT IS CONSISTENT WITH ENVIRONMENTAL ASSESSMENTS 2005-537 AND 2010-608 CASE NUMBERS: DEVELOPMENT AGREEMENT 2021-0003 APPLICANT: GTGF, LLC AYES: Commissioners Currie, Hassett, McCune, and Chairperson Nieto NOES: Commissioners Caldwell, Proctor, and Tyerman ABSENT: None. ABSTAIN: None. Motion passed by majority vote. PLANNING COMMISSION MINUTES Page 7 of 7 January 25, 2022 STAFF ITEMS Staff provided updates on upcoming City matters to include the postponement of the Community Workshop previously scheduled for January 9, 2022, the current closure of City Hall to the public but advised the Commission and public that City services were to remain open via phone, email, and the City’s website. REPORTS AND INFORMATIONAL ITEMS – None. COMMISSIONERS’ ITEMS Commission provided compliments to City Staff for the work done on the American Express Golf Tour Event, but recommended adjustments be made to the parking/shuttle operations for this event in the future; recommended Commission visit the SilverRock site to see the recent progress. Commissioner Tyerman reported out on attendance at the Water Reclamation Operations in the City of Indio and urged the Commission and Public to remain conscious of water usage and conservation. Staff answered Commission questions regarding updated statuses for Pavilion Palms, Coral Mountain Resort, and Desert Club Apartments projects. ADJOURNMENT There being no further business, it was moved and seconded by Chairperson Nieto/Commissioner Currie to adjourn the meeting at 7:04 P.M. Motion passed unanimously. Respectfully submitted, TANIA FLORES, Commission Secretary City of La Quinta, California