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2022 04 12 PC Minutes PLANNING COMMISSION MINUTES Page 1 of 6 APRIL 12, 2022 PLANNING COMMISSION MINUTES TUESDAY, APRIL 12, 2022 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 5:00 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 Currie, Hassett, McCune, Proctor, Tyerman, and Chairperson Nieto ABSENT: Commissioner Caldwell 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 Commissioner McCune 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 Currie/Proctor to confirm the Agenda as presented. AYES (6): Commissioners Currie, Hassett, McCune, Proctor, Tyerman, and Chairperson Nieto. NOES (0): None. ABSENT (1): Commissioner Caldwell. ABSTAIN (0): None. Motion passed. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATION – None. PLANNING COMMISSION MINUTES Page 2 of 6 APRIL 12, 2022 CONSENT CALENDAR 1. APPROVE MEETING MINUTES OF FEBRUARY 8, 2022 MOTION – A motion was made and seconded by Chairperson Nieto/Commissioner Proctor to approve the Consent Calendar as presented. AYES (6): Commissioners Currie, Hassett, McCune, Proctor, Tyerman, and Chairperson Nieto. NOES (0): None. ABSENT (1): Commissioner Caldwell. ABSTAIN (0): None. Motion passed. BUSINESS SESSION – None. PUBLIC HEARINGS 1. CONTINUED FROM MARCH 22, 2022: 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 (SCH #2021020310); LOCATION: SOUTH OF AVENUE 58, NORTH OF AVENUE 60 AND EAST AND WEST OF MADISON STREET CHAIRPERSON NIETO NOTED THE PUBLIC HEARING REMAINED OPEN FROM THE MARCH 22, 2022, MEETING Consulting Planner Criste presented the staff report which is on file in the Design and Development Department. Staff answered questions from the Commission regarding the financial analysis of prospective transient occupancy tax revenues and hotel versus short-term vacation rental (STVR) revenues; public access, timeline, and ownership information for the Desert Recreation District’s (DRD) Coral Mountain Park and associated trails; visibility of wave basin lighting from surrounding communities; contractual language to allow enforcement of penalties or forfeitures against the developer in the event the project fails to meet phasing deadlines; contractual language for alternative uses of the wave basin in the event of wave component failure; process of Development Agreement negotiations, standard term length, and performance schedule timeline and phasing; special event permits within the Development Agreement; possibility and effects of reducing the light pole heights; and special use permit procedures for processing and approval of each event. PLANNING COMMISSION MINUTES Page 3 of 6 APRIL 12, 2022 PUBLIC SPEAKER IN-PERSON: Project Applicant John Gamlin, President, CM Wave Development, introduced himself and provided a brief presentation on the project’s alignment and collaboration with DRD to provide the open space area park and multi-use trails, ownership of land for park location, and other agencies involved in that area of the project; development business plan, funding, and alternative uses for the wave basin in the event of failure; timeline of build-out and phasing of the project; and provided addition information regarding STVR management, compliance, and additional revenue projections. PUBLIC SPEAKER IN-PERSON: James Vaughn, Esq., CEQA and land use counsel for the project introduced himself and provided additional information on light testing, visibility, and light pole height; impacts of STVRs including complaints in exempt versus nonexempt areas, revenues, and prospective future decline in permits due to ban on new permits. 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: o Lynda Lyman, La Quinta (in-person) – noise and light pollution, negative environmental impacts, use of natural resources, greenhouse gas emissions o Lori Kilburn, La Quinta (in-person) – increased traffic, light and noise pollution o Don Huber, La Quinta (in-person) – water usage, current and future drought conditions o Robert Lasser, La Quinta (in-person) – inconsistency with surrounding communities, water usage, STVRs, increased traffic, light and noise pollution, current and future drought conditions o Rick Roth, La Quinta (in-person) – unmitigated negative environmental impacts, high failure risk o Mike Roizen, La Quinta (in-person) – increased particulates causing negative health effects o Judy Hovjacky, La Quinta (in-person) – noise pollution o Sheila Warren, La Quinta (in-person) – noise pollution o B. Scott Brown, La Quinta (in-person) – noise pollution o Alena Callimanis, La Quinta (in-person) – STVRs, inconsistency with surrounding communities, inconsistency with the General Plan • Tracy Bartlett, La Quinta (in-person) – opposed the project due to current and future drought conditions and water usage • Kathy Weiss, La Quinta (in-person) – opposed the project due to negative environmental impacts, phasing and timeline of revenue generating components, risk of wave basin failure, STVRs, light and noise pollution, increased traffic, and neighborhood incompatibility PLANNING COMMISSION MINUTES Page 4 of 6 APRIL 12, 2022 • Richard Gray, La Quinta (in-person) – opposed the project due to inconsistency with surrounding communities, water usage, and noise pollution • Karen Thomas, La Quinta (in-person) – opposed the project due to inconsistency with surrounding communities, light pollution, risk of failure, and hotel industry staffing shortage • Penny Boehm, La Quinta (in-person) – supports the project based on the EIR analysis, economic impacts, and city and development growth • Steve Cherry, La Quinta (in-person) – recommended the Commission disallow repetitive comments on light and noise pollution, water usage, hiking trails, STVRs • Connie Varelli, La Quinta (in-person) – support the project based on economic and development growth • Omar Cobian, Southwest Carpenters (via Zoom) - encouraged the Commission to add a Condition of Approval requiring the developers use local skilled laborers for the project • Bettina Rosmarino, Palm Springs (via Zoom) – spoke on behalf of Oswit Land Trust and Palm Springs Wildlife Advocates – opposed the project due to negative impact to wildlife, water usage, and current and future drought conditions • Richard Dale, La Quinta (via Zoom) – opposed the project due to noise and air pollution, increased crime, negative environmental impacts, increased traffic, and risk of project failure Mr. Gamlin provided responses to public comments regarding the Mitigated Negative Declaration, environmental impacts, greenhouse gas emissions, and energy sustainability measures; new technological advances to the wave basin and wave making equipment; and STVRs and compatibility with land use. Environmental Planning Consultant Tony Locacciato of Meridian Consultants provided additional information regarding the noise studies. Mr. Vaughn provided additional information regarding water use, current and future drought conditions, CVWD water plan, Water Supply Assessment (WSA) calculations, cumulative impacts, and general plan changes and consistency. Mr. Locacciato answered Commission questions regarding noise studies, calculations of noise levels, and sound reverberation. MOTION – A motion was made and seconded by Commissioners Proctor/Tyerman to continue this Public Hearing to a date certain of April 26, 2022, at 5:00 p.m., due to Commissioner Caldwell’s absence. AYES (6): Commissioners Currie, Hassett, McCune, Proctor, Tyerman, and Chairperson Nieto. NOES (0): None. ABSENT (1): Commissioner Caldwell. ABSTAIN (0): None. Motion passed. CHAIR NIETO CALLED FOR A BRIEF RECESS AT 7:55 P.M. PLANNING COMMISSION MINUTES Page 5 of 6 APRIL 12, 2022 CHAIR NIETO RECONVENED THE PLANNING COMMISSION MEETING AT 8:15 P.M. WITH ALL MEMBERS PRESENT, EXCEPT COMMISSIONER CALDWELL 2. ADOPT RESOLUTION TO APPROVE SITE DEVELOPMENT PERMIT 2021-0008 AND TENTATIVE TRACT MAP 2021-0005 FOR 50 RESIDENTIAL LOTS ON 26.12 ACRES; CEQA: DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THE PROJECT IS CONSISTENT WITH EA 2003-483; LOCATION: NORTH OF AVENUE 60, EAST OF MADISON STREET, AND WEST OF MONROE STREET DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT – None. Senior Planner Flores presented the staff report which is on file in the Design and Development Department. Staff answered questions from the Commission regarding the status of individual parcels and vacant land within the tentative tract map; and ADU definition, requirements, and rental availability. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING OPEN AT 8:30 P.M. PUBLIC SPEAKER IN-PERSON: Applicant Nolan Sparks introduced himself and answered questions regarding perimeter landscaping, commercial parcel and vacant lots within the project area, ADU desirability, plan types and square footage of homes and villas within the project, and build-out timeline. CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 8:38 P.M. MOTION – A motion was made and seconded by Commissioners Proctor/Currie to adopt Planning Commission Resolution No. 2022-008 to approve Site Development Permit 2021-0008 and Tentative Tract Map 2021-0005 (TTM 38188) subject to the Findings and Conditions of Approval and find the project consistent with previously adopted Mitigated Negative Declaration for Environmental Assessment 2003-483: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SITE DEVELOPMENT PERMIT AND TENTATIVE TRACT MAP FOR FIFTY RESIDENTIAL LOTS WITHIN THE ANDALUSIA DEVELOPMENT, AND FINDING THE PROJECT CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2003-483 CASE NUMBERS: SITE DEVELOPMENT PERMIT 2021-0008; TENTATIVE TRACT MAP 2021-0005 (TTM 38188) APPLICANT: SUNRISE LQ, LLC AYES (6): Commissioners Currie, Hassett, McCune, Proctor, Tyerman, and Chairperson Nieto. NOES (0): None. ABSENT (1): Commissioner Caldwell. ABSTAIN (0): None. Motion passed. PLANNING COMMISSION MINUTES Page 6 of 6 APRIL 12, 2022 STAFF ITEMS – None. COMMISSIONER ITEMS – None. ADJOURNMENT There being no further business, a motion was made and seconded by Commissioners Proctor/Currie to adjourn at 8:42 p.m. AYES (6): Commissioners Currie, Hassett, McCune, Proctor, Tyerman, and Chairperson Nieto. NOES (0): None. ABSENT (1): Commissioner Caldwell. ABSTAIN (0): None. Motion passed. Respectfully submitted, TANIA FLORES, Commission Secretary City of La Quinta, California