2022 04 26 PC MinutesPLANNING COMMISSION
MINUTES
TUESDAY, APRIL 26, 2022
CALL TO ORDER
A regular meeting of the La Quinta Planning Commission was called to order
at 5:03 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:
ABSENT:
Commissioners Caldwell, Currie, Hassett, McCune, Proctor,
Tyerman, and Chairperson Nieto
None
STAFF PRESENT: Design and Development Director Danny Castro, Public
Works Director/City Engineer Bryan McKinney, Planning
Manager Cheri L. Flores, Senior Planner Carlos Flores,
Commission Secretary Tania Flores, and 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 VIA TELECONFERENCE ACCESSIBILITY: Brad Anderson,
Rancho Mirage - spoke in opposition of public comment deadlines and special
notice language regarding comment on Public Hearing Item No. 1, as
published in the agenda.
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CONFIRMATION OF AGENDA
MOTION - A motion was made and seconded by Commissioners Proctor/Currie
to confirm the agenda as presented. Motion passed unanimously.
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATION
- None.
CONSENT CALENDAR
1. ADOPT RESOLUTION OF INTENT TO HOLD A PUBLIC HEARING TO
CONSIDER A STREET NAME CHANGE FOR SILVERROCK WAY AND
AHMANSON LANE; CEQA: DESIGN AND DEVELOPMENT
DEPARTMENT HAS DETERMINED THE PROJECT IS EXEMPT FROM
CEQA UNDER THE PROVISIONS OF SECTION 15061(b)(3)
COMMON SENSE RULE; LOCATION: SILVERROCK WAY AND
AHMANSON LANE, WITHIN SILVERROCK SPECIFIC PLAN
MOTION - A motion was made and seconded by Commissioners
Caldwell/Hassett to approve the Consent Calendar as presented. Motion
passed unanimously.
BUSINESS SESSION - None.
PUBLIC HEARINGS
1. CONTINUED FROM APRIL 12, 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
DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT: None.
Commissioner Caldwell noted that, regarding her absence from the April 12,
2022, Planning Commission meeting, she had reviewed the recording of the
meeting and read all pertinent staff reports and public comment submitted
regarding this item.
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CHAIRPERSON NIETO NOTED THE PUBLIC HEARING REMAINED OPEN FROM
THE APRIL 12, 2022, MEETING.
Consulting Planner Criste presented the staff report which is on file in the
Design and Development Department.
The PUBLIC SPEAKERS listed below in the order in which they spoke, provided
comments, in -person and via teleconference (Zoom), as follows:
• Karen Thomas, La Quinta (in -person) - opposed the project due to risk
of wave basin project failure and provided history of similar project
failures.
• Tracy Bartlett, La Quinta (in -person) - opposed the project due to
inconsistency with water conservation efforts, climate change, and
predicted future water shortages.
• Sendy Hernandez Orellana Barrows, La Quinta (in -person) - opposed
the project due to lack of verifiable economic benefits, climate change,
and predicted water shortages and drought conditions.
• Colin Barrows, La Quinta (in -person) - opposed the project due to
climate change, current and predicted future drought conditions, and
disputed Coachella Valley Water District (CVWD) water availability
report.
• Eve Castles, La Quinta (in -person) - opposed the project due to climate
change, predicted future water shortages, and inconsistency with water
conservation efforts.
• Debbie Huber, La Quinta (in -person) - opposed the project due to
inconsistency with water conservation efforts.
• Rob Hedges, La Quinta (in -person) - opposed the project and disputed
water evaporation calculations and energy consumption.
• Tom Jackoboice, La Quinta (in -person) - opposed the project due to
increased light and noise pollution, water consumption, greenhouse gas
emissions, electricity usage, expired will -serve letter from Imperial
Irrigation District (IID), and water maintenance and evaporation issues.
• Bobby Flurry, La Quinta (in -person) - opposed the project and spoke on
behalf of Suzanne Kahn regarding local housing and water shortages.
• Alena Callimanis, La Quinta (in -person) - opposed the project due to
inconsistency with the General Plan and surrounding communities, light
pollution, short-term vacation rentals (STVR) allowance, and use of
ground water.
• Ramon Baez, La Quinta (in -person) - opposed the project due to
undefined construction schedule and revenues and inconsistency with
other local residential master planned communities.
• Katie Barrows, La Quinta (in -person) - opposed the project due to lack
of public access, current and predicted future drought conditions, water
consumption, and increased greenhouse gas emissions.
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• Richard Gray, La Quinta (in -person) - opposed the project due to STVR
allowance.
• Dorothy Dupree, La Quinta (in -person) - opposed the project due to
negative environmental impacts.
• Joe Hammer, Indian Wells resident and La Quinta property owner (in -
person) - in support of the project due to positive commercial and
residential development of the community.
• James Welch, La Quinta (in -person) - opposed the project due to
removal of undeveloped area and negative impacts to resident's quality
of life.
• Luana Lewis, La Quinta (in -person) - opposed the project due to
increase of water use, electricity consumption, and traffic.
• Joan Sanka, La Quinta, (in -person) - opposed the project due to lack of
preservation of natural landscape, affordable housing, and significant
data for comparable project.
• Fritz Bachli, La Quinta (in -person) - opposed the project due to wasteful
water use and inaccurate water banking calculations.
• Donna Williams, La Quinta (in -person) - opposed the project due to
potential litigation for injury related to surf activities.
• Jack Huggins, La Quinta (via Zoom) - in support of the project and
requested condition be added that the developer use local skilled labor
and state approved apprenticeships.
• Armita Ariano, Staff Attorney for Coachella Valley Water Keeper (via
Zoom) - opposed the project due to water use and lack of conservation
efforts during current and future drought conditions.
• Erika Ramirez -Mayoral - La Quinta (via Zoom) - opposed the project
due to the gentrification of rural spaces in the Coachella Valley, lack of
conservation and waste of water resources, climate change, and
environmental injustices.
• Brad Anderson, Rancho Mirage (via Zoom) - opposed the project due to
noise pollution, energy use with lack of energy availability, decreased
quality of life for residents in favor of commercial development.
• Kathy Weiss, La Quinta (via Zoom) - opposed the project due to lack of
fact -based data and increased failure risk.
• Tom Kendrick, Rancho Mirage (via Zoom) - in support of the project due
to high quality of the project, upscale residential development, walking
paths, water efficient desert style landscaping, use of advanced water
filtration system and non -potable water, increased sustainability when
compared to surrounding communities and developments, increased
tourism, creation of a safe and sustainable surf environment.
• Stephanie (via Zoom) - opposed the project due to water consumption,
current drought and climate conditions, negative environmental impacts
not mitigated by luxury communities or developments.
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PUBLIC SPEAKER IN -PERSON: James Vaughn, Esq., CEQA and land use
counsel for the project, introduced himself and provided a comparison of items
of public concern with this project and the currently approved project including
water use and sustainability, economic benefits and revenue, and planned
mitigation measures; additional information regarding the CVWD projected
water calculations and basin storage; lighting spillage and photometrics; noise
level comparison to Coachella Valley Music Festival; general impacts of
proposed General Plan amendments.
PUBLIC SPEAKER IN -PERSON: Project Applicant John Gamlin, President, CM
Wave Development, introduced himself and responded to questions from staff
regarding STVR permit allowances; electricity usage and the IID will -serve
letter; phasing, timeline, schedule of performance, the meaning of "quantities
undefined", type of water used and use of non -potable water sources;
development failure risk and alternative uses for the wave basin component;
business model and revenue streams; perimeter improvements and timing;
the limiting or adjusting of proposed lighting configurations; and commercial
components within the project.
Staff answered questions relating to the previously approved plans and uses;
impacts and mitigation measures outlined in the EIR; revenue analysis and
financial impact of STVR permitting allowances; special event permitting;
impacts to land use and zoning with General Plan and Specific Plan
amendments.
PUBLIC SPEAKER (via Zoom): Irma Ramirez, La Quinta - opposed the project
due to water consumption, traffic, overcrowding, and lack of infrastructure
and public access.
CHAIRPERSON NIETO DECLARED THE PUBLIC HEARING CLOSED AT 7:45 P.M.
CHAIR NIETO CALLED FOR A BRIEF RECESS AT 7:45 P.M.
CHAIR NIETO RECONVENED THE PLANNING COMMISSION MEETING
WITH ALL MEMBERS PRESENT AT 8:04 P.M.
Staff and City Attorney Ihrke provided information regarding the process and
recommended order of items for consideration including entitlements and
resolutions and the possibility of separating items for consideration.
Commission discussion followed to include use of natural and scenic resources,
water use and climate change; STVR utilization and management; phasing
and perimeter improvement timeline; recreational opportunities, public
access, open space areas, and walkability within the project; greenhouse gas,
traffic, noise and light pollution mitigation, impacts to views and surrounding
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communities, use of technologically advanced systems, and alternative
operating hours; impacts of wave basin failure including contingency plans,
repurposing the basin, requiring surety bonds, and more stringent language
within the development agreement; consistency with the General Plan,
impacts of General Plan amendments and zone changes, must review project
against findings of proposed applications, current and future need for housing,
implementation of mixed -use projects and non-traditional master planned
communities, and unique architecture and design features; tax revenues and
allocations; CEQA and EIR processes and trust in reporting accuracy; Planning
Commission responsibilities and consideration of projects based on merits and
reports; removal of SDP for current consideration to allow for additional
information regarding specific design and safety elements for the wave basin.
City Attorney Ihrke provided information and impacts of adding a surety or
payment/performance bond requirements to the wave basin component either
adding a Condition of Approval to individual entitlement or add a term to the
DA.
Commission discussion continued regarding a surety bond on the wave basin
component and potential failure of the wave basin.
Applicant provided feedback regarding the contractual obligation language
included in the current proposed agreement requiring the developer to remove
the wave basin equipment and repurpose the basin for alternative uses in the
case of component failure and permanent closure, which would come before
the Commission for review; City Attorney Ihrke confirmed such language.
Further discussion followed between staff, City Attorney Ihrke, and the
Commission regarding a surety bond and adding a performance timeline in
the DA regarding the potential closure of the wave basin component;
separating the SDP portion of the entitlements to be brought back at a later
date with additional information on the wave basin component and the north
edge of the basin and after City Council approval of the other items of
consideration if approved at this meeting.
MOTION - A motion was made and seconded by Chairperson
Nieto/Commissioner Caldwell to adopt Planning Commission Resolution 2022-
010, recommending the City Council certify the Coral Mountain Resort EIR
(SCH #2021020310) and direct staff to prepare CEQA Findings and Statement
of Overriding Considerations.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
CERTIFY THE CORAL MOUNTAIN RESORT ENVIRONMENTAL
IMPACT REPORT (SCH #2021020310)
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Motion passed: ayes - 5 (Caldwell, Hassett, McCune, Tyerman and Nieto);
noes - 2 (Currie and Proctor); absent - 0; abstain - 0.
MOTION - A motion was made and seconded by Chairperson
Nieto/Commissioner Hassett to adopt Planning Commission Resolution 2022-
011, recommending the City Council approve SP2019-0002, GPA 2019-0002,
ZC2019-0004, SP 2020-0002, TTM2019-0005, DA2021-0002, subject to the
Findings and Conditions of Approval, directing staff to remove reference to
SDP2021-0001, add language to the Development Agreement providing
greater protection to the City in the case of wave basin failure and discuss
Planning Commission concerns with STVR limitation with City Council.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL 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 AND DEVELOPMENT
AGREEMENT 2021-0002 TO ALLOW THE DEVELOPMENT OF THE
CORAL MOUNTAIN RESORT SOUTH OF AVENUE 58, NORTH OF
AVENUE 60, AND EAST AND WEST OF MADISON STREET
Motion passed: ayes - 4 (Caldwell, Hassett, McCune, and Nieto); noes - 3
(Currie, Proctor, and Tyerman); absent - 0; abstain - 0.
REPORTS AND INFORMATION ITEMS - None.
STAFF ITEMS - None.
COMMISSIONER ITEMS - None.
ADJOURNMENT
There being no further business, a motion was made and seconded by
Chairperson Nieto/Commissioner Currie to adjourn at 10:04 p.m. Motion
passed unanimously.
Respectfully submitted,
TANIA FLORES, Commission Secretary
City of La Quinta, California
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