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2022 03 22 PC Minutes PLANNING COMMISSION MINUTES Page 1 of 8 MARCH 22, 2022 PLANNING COMMISSION MINUTES TUESDAY, MARCH 22, 2022 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 5:01 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, McCune, 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, Commission Secretary Tania Flores, City Attorney Bill Ihrke CONSULTANTS: Planning Consultant Nicole Criste with Terra Nova Planning & Research, Inc. PLEDGE OF ALLEGIANCE Vice Chairperson Currie led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None. CONFIRMATION OF AGENDA MOTION – A motion was made and seconded by Commissioners Proctor/Hassett to confirm the Agenda as presented. Motion passed unanimously. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATION – None. PLANNING COMMISSION MINUTES Page 2 of 8 MARCH 22, 2022 CONSENT CALENDAR 1. APPROVE MEETING MINUTES OF JANUARY 11, 2022 MOTION – A motion was made and seconded by Commissioners Proctor/Hassett to approve the Consent Calendar, as presented. Motion passed unanimously. BUSINESS SESSION – None. STUDY SESSION – None. PUBLIC HEARINGS 1. ADOPT RESOLUTIONS TO RECOMMEND THAT THE CITY COUNCIL CERTIFY ENVIRONMENTAL ASSESSMENT 2019-0010, AND APPROVE SPECIFIC PLAN 2019-0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN), GENERAL PLAN AMENDMENT 2019-0002, ZONE CHANGE 2019- 0004, SPECIFIC PLAN 2020-0002, TENTATIVE TRACT MAP 2019-0005, DEVELOPMENT AGREEMENT 2021-0002 AND SITE DEVELOPMENT PERMIT 2021-0001; CEQA: CORAL MOUNTAIN RESORT ENVIRONMENTAL IMPACT REPORT (EIR) (SCH #2021020310); LOCATION: SOUTH OF AVENUE 58, NORTH OF AVENUE 60 AND EAST AND WEST OF MADISON STREET DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT – Commissioner Tyerman declared that starting approximately two and a half years ago, prior to being appointed to the Planning Commission, he facilitated public information outreach between the Trilogy community, in which he resides, and the developer (Meriwether Corporation) and that he had toured the property. Consulting Planner Criste presented the staff report which is on file in the Design and Development Department. Staff answered questions and provided additional information regarding the separation of the Site Development Permits for the wave basin and the tourist commercial development; inclusion of the special events allowance within the Specific Plan and consideration in EIR, procedures for approval of special events, and available parking accommodations; historical archeological resource site management and preservation measures; timeline and phasing for the bighorn sheep barriers and perimeter walls, including clarification of definition of first occupancy; definition and specific examples of the term “overriding considerations”; short-term vacation rental (STVR) permit availability; light and photo metrics and the impacts of particulate reflection inside and outside the project site; project water use, Coachella Valley Water District (CVWD) review and PLANNING COMMISSION MINUTES Page 3 of 8 MARCH 22, 2022 approval process, the ability of the City to challenge the approval, future water consumption planning and allocations from the Colorado River and State water projects, and use of Colorado River runoff; Specific Plan request for reduction of setback standards and fire and safety compliance; ability to add conditions of approval requiring developer remedy project site in the event of project failure; multi-use trails and equestrian overlay; technical expertise and qualifications of Staff involved in the analysis and review leading to the recommendation for approval; utility infrastructure and undergrounding of electrical lines; wave, retention, storm water and runoff drainage basins and water feature locations on the Specific Plan; allowed uses, including public access and staging areas, for back of the house area identified in the Specific Plan; ownership and maintenance responsibility of the median, and setback of perimeter walls along Madison Street; traffic signal locations; project size comparison with other residential communities; studies related to off gassing of construction material; Coral Mountain Park and Desert Recreation District (DRD) trail location and public access; and any special considerations given to communities in close proximity to the project that will be most impacted by the development. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING OPEN AT 6:34 P.M. PUBLIC SPEAKER IN-PERSON: Applicant John Gamlin, President of CM Wave Development, LLC, introduced himself and other key members of the design and consulting team for the project and gave a presentation providing the history of the project and site photos; overview of economic sustainability; land and site plan, key amenities of the project, cultural and natural resource protection; collaboration with DRD to provide an open space area, trail access and public accessibility of the project; water, energy and solar utilization and sustainability; architecture and design of commercial and residential products; technology and science used for the wave basin; Final EIR and potential environmental impacts; and market relevancy, market differentiation, and economic benefits to the community. Applicant answered questions from the Commission and provided additional information regarding business plan, revenue streams for the project, financial risks, and contingency plan in place to mitigate the possibility of project failure; schedule of performance and project phases; clarifications of perimeter wall and bighorn sheep barrier timeline; vehicle driveways and pedestrian pathway materials; details regarding the wave basin including materials and design specifics, mechanics and technology, and safety and maintenance including swimming access, water chemistry, and filtration; comparison of water use estimates of the wave basin versus previously approved residential and golf course project and other approved wave basins in nearby cities; details on noise and lighting plans including hours of operation, advanced lighting technology, light pole heights, light spillage and glare, wave basin loudspeaker announcements; STVR permit allowance, management, and economic impacts; property management PLANNING COMMISSION MINUTES Page 4 of 8 MARCH 22, 2022 including perimeter, gated entrances, and onsite security; and public access to on- site health and wellness amenities including trails, boardwalks, trails, sports, restaurants, and shopping. CHAIR NIETO CALLED FOR A BRIEF RECESS AT 8:15 P.M. CHAIR NIETO RECONVENED THE PLANNING COMMISSION MEETING WITH ALL MEMBERS PRESENT AT 8:39 P.M. The PUBLIC SPEAKERS listed below in the order in which they spoke, provided comments, in-person and via teleconference (Zoom), as follows: • La Quinta Residents for Responsible Development – opposed to the project, citing concerns regarding water, light, traffic, noise, short term rental impacts, financial impacts: o Laura Dolata and Lori Kilburn, La Quinta (in-person) – General Plan inconsistency, STVRs, operation hours, noise pollution, water usage o Lisa Castro, La Quinta (in-person) – light and noise pollution, increased dust and sand o Carolyn Winnor, La Quinta (in-person) – STVRs, water usage, increased traffic o Monica Harrington, La Quinta (in-person) – risk of technology obsolescence, high technology startup failure rates o Rick Roth (aka Dr. Frederick Hayes-Roth), La Quinta (in-person) – risk of project failure, water usage, lack of drought planning o Philip Novak, La Quinta (in-person) – increased carbon dioxide and greenhouse gas emissions o Laura DuMaurier, La Quinta (in-person) – obstruction of mountain view, light pollution o Karen Tamcala, La Quinta (in-person) – EIR analysis inconsistency, water usage o Alena Callimanis, La Quinta (in-person) – health and safety concerns, water maintenance, noise pollution o Donna Williams, La Quinta (in-person) – noise pollution, proximity to residential communities o Derek Wong, La Quinta (in-person) – water usage, future water shortages, drought conditions, project failure rate o Ramon Baez, La Quinta (in-person) – STVRs o Vanessa Ramirez, La Quinta (Zoom) – EIR analysis inconsistencies regarding geothermal cooling, climate change, and water use calculations o Anast Demitt, La Quinta (Zoom) – Conflict of interest for MSA Consulting involvement in EIR, violations of engineer’s code of ethics, water usage PLANNING COMMISSION MINUTES Page 5 of 8 MARCH 22, 2022 o Wendy Clark, La Quinta (Zoom) – water usage, increased traffic, light pollution, STVRs, project failure rate, inconsistency with surrounding communities o Jay Famiglietti, Saskatchewan Canada (Zoom) – water usage, future drought conditions • Chris Hermann, La Quinta (in-person) – in support of the project – economic and recreational benefits, water reduction compared to previously approved project, use of advanced lighting, projected TOT revenues • Joe Hammer, Indian Wells resident/La Quinta property owner (in-person) – in support of the project – provides needed development on vacant land, decreases area crime and dumping issues • Tom McDaniel, La Quinta (in-person) – in support of the project – promotes healthy living, appreciation for surf community, safe surf experiences, comprehensive EIR, project energy efficiency • Paula Turner, La Quinta (in-person) – in support of the project – community benefits, project consistency with previously approved plans, added requirements and protections from the previously approved plans • Thomas Klein, La Quinta (in-person) – in support of the project – developer reputation of project success, increase in lifestyle diversity • Doug Weitman, La Quinta (in-person) – in support of the project – promotes healthy lifestyle, year-round employment, water reduction when compared to previously approved plans • Bruce Krider, La Quinta (in-person) – opposed to the project – incompatible zoning changes, noise and light pollution, increased traffic • David Hilts, Palm Desert/La Quinta (in-person) – in support of the project – opportunities to explore surf culture • Robert Erickson, La Quinta (in-person) – opposed to the project – changes to General Plan, lack of benefits to residents, water usage, increased traffic • Elizabeth Ogren Erickson, La Quinta (in-person) – opposed to the project – water usage • Davis Meyer, Director of Partnership for the Visit Greater Palm Springs (in- person) – in support of the project – prospective tourism and economic growth, unique health and wellness experience, project’s integrative sustainability • Katie Barrows, La Quinta (in-person) – expressed appreciation for the project’s efforts in sustainability; opposed to the project – water usage, greenhouse gas emissions, climate change, future water availability • Jack Mulroe, La Quinta (in-person) – in support of the project – project aesthetics, economic and development benefits, year round activity • Cactus to Cloud Organization – opposed to the project: o Colin Barrows, La Quinta (in-person) – EIR analysis inconsistencies, water usage, irresponsible development of land o Sendy Hernandez Orellana Barrows, La Quinta (in-person) – EIR review time, lack of low-income opportunities, water usage PLANNING COMMISSION MINUTES Page 6 of 8 MARCH 22, 2022 • Kathy Weiss, La Quinta (in-person) – opposed to the project – water usage, special events, STVRs, light and noise pollution, increased traffic, inconsistent with General Plan • Kim Hammer, La Quinta (in-person) – in support of the project – increased community diversity, prospective tourism, economic benefits, reduced water use when compared to previously approved project • Omar Cobian, Coachella Valley (Zoom) – spoke on behalf of the Uni Carpenters – requested that the addition of a condition to require the developer utilize local skilled labor and certified payroll • Nancy French Hulme, Cathedral City (Zoom) – spoke on behalf of her parents who are La Quinta residents – opposed to the project – water usage, light pollution, STVRs, inconsistent with surrounding community, risk of project failure • Oswit Land Trust – opposed to the project: o Jane Garrison, Executive Director of Oswit Land Trust (Zoom) – inconsistent with surrounding communities, water usage, noise and light pollution o Paisley Ramstead, Palm Springs (Zoom) – EIR analysis inconsistencies, negative impacts wildlife and cultural resources, lack of public access • John Perry, La Quinta (Zoom) – in support of the project – history of developer success, benefits of developing underdeveloped land, increase of property values, consistency with the City’s vision, project design and mitigation, appropriate EIR and CVWD analysis • Bruce Bauer, Coachella Valley, Attorney with SBEMP Attorneys (SBEMP), the law office representing LQRRD – spoke on behalf of LQRRD (Zoom) – opposed to the project – EIR analysis inconsistencies, noise pollution, increased traffic, decreased views, STVRs • Armita Ariano, Staff Attorney for Coachella Valley Water Keeper (Zoom) – opposed to the project – water usage, future water shortages, environmental justice concerns • Tom Kendrick, Rancho Mirage (Zoom) – in support of the project – safe and controlled surf environment, community development and growth, health and wellness • Jessica Lenz, La Quinta (Zoom) – opposed to the project – negative impacts to wildlife, noise and light pollution, lack of public awareness The Planning Commission was informed that 34 WRITTEN PUBLIC COMMENTS in OPPOSITION of the project and 14 WRITTEN PUBLIC COMMENTS in support of the project, were received after the posting of the agenda, and would be made available to the Commission and the public in the final record of the meeting, but were not read aloud during the meeting. PUBLIC SPEAKER IN-PERSON: James Vaughn, Esq., CEQA and land use counsel for PLANNING COMMISSION MINUTES Page 7 of 8 MARCH 22, 2022 the project, provided a response to public comment including confirmation that the Final EIR satisfied all requirements of CEQA and was appropriately published and circulated according to CEQA guidelines; CEQA compliance and CVWD approval of water usage and availability; transient occupancy tax generating resort and residential communities requirement of a core amenity with economic driver with less projected water usage than previously approved project including evaporation rate calculations; project light and glare consistent with existing conditions from surrounding communities, advanced technology limiting lighting spillage, line of site diagrams and simulation indicating limited view of lighting fixtures due to perimeter walls and landscaping; amenities generating noise located in the rear of the project, noise level studies indicate levels below the City’s noise level standards; intersection analysis that majority of the traffic signals planned would be required with or without the project; special events will require Temporary Use Permits which require compliance with mitigation measures and approval by City staff; project site was annexed in the early 2000s and has not been reviewed for land use since that time, the only change requested is the rear of the property to tourist commercial to allow for revenue generating transient occupancy tax; STVR strategies including compliance, disclosures, and onsite management and security; showed map of designated conservation area for bighorn sheep, lack of suitable habitat located on the project site, California Department of Fish and Wildlife clarification of bighorn sheep sightings located on the Coral Mountain but not within project site, cited biologist expert letter from the EIR; significant and unavoidable impacts of greenhouse emissions project is attempting to mitigate through purchase of carbon credits, previously approved project creates greater emissions due to more traffic. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 12:01 A.M. Commission and Staff discussion followed to include the current items for consideration at this time and the order in which they should be considered; continuance of the entire item to a date certain due to the volume of information presented and the late hour; prospective conditions of approval; requests for additional information regarding phasing and timeline of the project build-out, lighting and line of sight visuals of the project, allowable STVR permits and effects of limiting this allowance. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING RE-OPEN AT 12:15 A.M. MOTION – A motion was made and seconded by Commissioners Currie/Proctor to continue the Public Hearing regarding this item to a date certain of April 12, 2022, with further consideration for development schedule within the proposed development agreement, additional information regarding lighting and simulations, and analysis of reduction of STVR permits and the economic impacts related to that reduction. Motion passed unanimously. PLANNING COMMISSION MINUTES Page 8 of 8 MARCH 22, 2022 STAFF ITEMS Director Castro provided a reminder for the Special Joint Meeting of the City Council, Boards, Commissions, and Committees on Monday, March 28, 2022, beginning at 5:00 P.M. City Attorney Ihrke confirmed for the record that the Public Hearing Item No. 1 regarding the Coral Mountain Resort project was continued and therefore public comment to the Planning Commission could still be submitted in writing for Commission consideration. REPORTS AND INFORMATIONAL ITEMS – None. COMMISSIONERS’ ITEMS – None. ADJOURNMENT There being no further business, it was moved and seconded by Chairperson Nieto/Commissioner Caldwell to adjourn the meeting at 12:19 A.M. Motion passed unanimously. Respectfully submitted, TANIA FLORES, Commission Secretary City of La Quinta, California