Loading...
2022 09 21 CC Minutes Special Mtg - Coral Mtn ResortCITY COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, SEPTEMBER 21, 2022 CALL TO ORDER A special meeting of the La Quinta City Council was called to order at 4:00 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans ABSENT: None STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva, Deputy City Clerk McGinley, Director of Business Unit and Housing Development Villalpando, Public Works Director/City Engineer McKinney, Design and Development Director Castro, Planning Manager Flores, and Senior Planner Flores CONSULTANT PRESENT: Planning Consultant Nicole Criste, CEO, Terra Nova Planning & Research, Inc. PLEDGE OF ALLEGIANCE Councilmember Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - None CONFIRMATION OF AGENDA - Confirmed MAYOR EVANS RECESSED THE COUNCIL MEETING at 4:05 P.M. SO THAT COUNCIL MAY ATTEND THE ANNUAL LA QUINTA HIGH SCHOOL HOMECOMING PARADE CEREMONIAL EVENT MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:30 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARING 1. CONTINUED FROM JUNE 7 AND JULY 5, 2022: ADOPT RESOLUTIONS TO CERTIFY ENVIRONMENTAL ASSESSMENT 2019-0010 AND APPROVE SPECIFIC PLAN 2019-0003 (AMENDMENT V CITY COUNCIL MINUTES SPECIAL MEETING Page 1 of 10 SEPTEMBER 21, 2022 TO ANDALUSIA SPECIFIC PLAN), GENERAL PLAN AMENDMENT 2019- 0002, ZONE CHANGE 2019-0004, SPECIFIC PLAN 2020-0002, AND TENTATIVE TRACT MAP 2019-0005; INTRODUCE FOR FIRST READING ORDINANCES APPROVING ZONE CHANGE 2019-0004 AND DEVELOPMENT AGREEMENT 2021-0002; 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 MAYOR EVANS NOTED THE PUBLIC HEARING REMAINED OPEN FROM THE JUNE 7 AND JULY 5, 2022, MEETINGS Consulting Planner Criste presented the staff report, which is on file at the Clerk's Office. DEVELOPER/APPLICANT PRESENTATIONS: John Gamlin, President, of applicant CM Wave Development (Applicant) - provided a presentation on the proposed revisions to project features, including reduction of water features and wave basin size, use of non -potable water with an on -site filtration system, lowering the height of the light poles to reduce the light footprint on the ground, noise reduced by eliminating speaker towers and moving all speakers to ground level, reducing building heights to a maximum of three -stories, no special events for the first few years; public benefits of the project include $3 dollars per square foot contribution to community turf reduction, parks and trails construction, social impact and health programs funded by the Coral Mountain Surf Foundations, reduced power draw and funding a 40MWA transformer upgrade, wave pool access for 1,000 hours/year to local non -profits and community recreation programs, inclusion of local weather stations, limit of administrative and parking uses adjacent to residential neighbors, and limited construction access from Avenue 60. James Vaughn, Esq., land use counsel for the Applicant - provided information on the project's approvals including the La Quinta Planning Commission, and a valid and accurate Coachella Valley Water District (CVWD) Water Supply Assessment. Tom Levy, former CVWD engineer and current water consultant for the Applicant and General Manager of the Colorado River Authority of California - stated that the Water Supply Assessment evaporation estimates are conservative - higher than his analysis; Colorado River water negotiations propose a 7% reduction in River water to the Coachella Valley which CVWD has plans and ability to replenish via other means; the Coachella Valley CITY COUNCIL MINUTES SPECIAL MEETING Page 2 of 10 SEPTEMBER 21, 2022 aquafer is recharged by the Metropolitan Water District (MWD) in exchange for a percentage of the Coachella Valley's River allocation; in theory, the MWD could pump water out of the Valley's aquifer, but the cost of pumping it back up into their aqueduct would make no economic sense; and the claim of the local Tribal Nations for water is relatively small and would not detrimentally impact the Valley's water supply. Mr. Vaughn provided information on the Tourist Commercial (CT) zone in the project and noted that other CT zones in the City's General Plan are adjacent to low -density residential; noted the elimination of all visibility of wave basin light from perimeter streets and elimination of any light spillage beyond the wave basin; clarified the data used to conduct the noise study and noted the zero traffic impact result in the Environmental Impact Report (EIR); and stated that, being proposed in a CT zone where short-term vacation rentals (STVRs) are permitted, complaints will be minimum and City transient occupancy tax (TOT) revenue will increase. Garrett Simon, Partner with Meriwether Co - provided a recap of the project's review process over four (4) years and revisions due to public input, and requested a decision on the project based on its merits. The PUBLIC SPEAKERS listed below in the order in which they spoke, provided comments as follows: • Doug Weitman, La Quinta - supports the project • Danilo Kawasaki, La Quinta - supports the project; said he speaks on behalf of 160+ La Quinta residents who signed a letter of support • Sasha Nazaron, La Quinta [used donated speaker time] - supports the project • Lynne Marafino and Rick Poynter, La Quinta [used speaker time donated by residents Karen Owen and Catherine Smithweiss] - opposes the project; presented a summary of Shane Chambers' noise study findings; and objected to the proposed lighting • Troy Strange, Director of Planning and Public Works, Desert Recreation District (DRD) - supports the project • Rosa Lee Measures, La Quinta - supports the project • Christopher Thompson, La Quinta [used speaker time donated by resident Robert Arroyo] - member of La Quinta Residents for Responsible Development (LQRRD); works as lighting consultant; opposes the project, light pollution and refraction • Brian Nestande, Palm Desert - represents the Southern California Builders' Industry Association; supports the project • Richard Gray, La Quinta - stated bonds should be required; opposes the project CITY COUNCIL MINUTES SPECIAL MEETING Page 3 of 10 SEPTEMBER 21, 2022 • Lisa Castro, La Quinta - opposes the project; asked what recourse does she have if the developer's claims are not accurate, e.g., light is too bright, noise, wave, etc. is other than calculated • Penny Boehm, La Quinta - supports the project for future generations; submitted a letter signed by 76 residents in support of the project • Judy Swanson Howell, La Quinta - opposes the project • Chey Reyna, Oceanside, CA - former professional surfer; supports the project • Laura Dolata, La Quinta [used speaker time donated by resident Marty Lashka] - opposes the project due to unfairness to nearby residents • Jeff Fishbein, La Quinta - realtor with Coldwell Banker and La Quinta Chamber Chair; supports the project personally; and on behalf of the Greater Coachella Valley Chamber of Commerce, supports the project • David Howell, La Quinta - relied on the Zoning Code when purchased his property; opposes the project • Darren Warren, VP of Pulte Group/Del Webb, Mission Viejo - supports the project • Brandon Williams (not a resident yet) - supports the project • Ivana Page, La Quinta [used speaker time donated by resident Jason Weiss] - supports the project for its health and wellness attributes • Robert Lasser, La Quinta [used speaker time donated by resident Mary Kay Wilm] - member of LQRRD; opposes the project referencing water evaporation • Karen Tomcala, La Quinta [used speaker time donated by resident Karen Thomas] - member of LQRRD; opposes the project referencing the water crisis • William "Joe" Hammer, La Quinta [used speaker time donated by resident Kim Hammer] - supports the project for jobs, tax revenue, youth attraction • Carel Adler, La Quinta - opposes the project referencing water conservation MAYOR EVANS CALLED FOR A BRIEF RECESS AT 7:58 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 8:04 P.M. WITH ALL MEMBERS PRESENT The PUBLIC SPEAKERS listed below in the order in which they spoke, provided comments as follows: • Connie Varelli, La Quinta - building a house next to project; supports the project • Jennifer Prado, La Quinta [used speaker time donated by resident Tracy Bartlett] - opposes the project due to environmental concerns CITY COUNCIL MINUTES SPECIAL MEETING Page 4 of 10 SEPTEMBER 21, 2022 • Alfred Edwards, La Quinta - supports the project; believes California will resolve its water problems; referenced jobs for working families needed • Alan Woodruff, La Quinta - opposes the project due to zone change • Carol Berg, La Quinta [used speaker time donated by resident Sally Arroyo] - opposes the project due to water use • Keith Boile, La Quinta - supports the project • Tom Margro, La Quinta [used speaker time donated by resident Vicki Rosson]- opposes the project; and read into the record written comments submitted by Jay Famiglietti who opposes the project • Scott Connelly, Palm Springs - opposes the project; referenced water conservation • Paula Turner, La Quinta - supports the project; building a house adjacent to the project • Joan Sanka, La Quinta - opposes the project and zone change • Gillermo Casillas, La Quinta - opposes the project due to water use, development on sacred land, pollution, and sound; suggests developing without a wave pool • Brian Levy, La Quinta [used speaker time donated by residents Richard Harris and Judy Hovjacky] - spoke on behalf of LQRRD; opposes the project; Final EIR unfit for certification • Sylvia Lasser, La Quinta [used speaker time donated by resident Ted Wilm] - member of LQRRD; opposes the project and zone change • Alena Callimanis, La Quinta [used speaker time donated by resident William Grafeld] - member of LQRRD; opposes the project; rebutted Applicant's lighting sight study • Lisa Jeffrey, La Quinta [used speaker time donated by resident Steve Jeffrey] - member of LQRRD; opposes the project, STVRs, and water use • Carolyn Winnor, La Quinta [used speaker time donated by resident Derek Wong] - member of LQRRD; opposes the project due to STVRs and use of water justified by Applicant's contribution to residents' turf removal • Carol Strop, La Quinta - member of LQRRD; opposes the project; referenced removal of the wave pool from the project, questioned Applicant's facts • David Turner, La Quinta - supports the project The citizens listed below in alphabetical order, submitted requests to speak forms, but were not present to provide verbal comments when called upon by the Mayor: • Celest Alanzo, La Quinta - opposes the project • Tracy Bartlett, La Quinta - opposes the project • Janice Mazzi, Indio - opposes the project • Frank Mazzi, Indio - opposes the project CITY COUNCIL MINUTES SPECIAL MEETING Page 5 of 10 SEPTEMBER 21, 2022 • David Nowel, La Quinta - supports the project • Rick Owen, La Quinta - opposes the project The citizens listed below in alphabetical order, submitted presentations to aid their verbal comments, which were distributed to Council, made public and available on the City's website, and included in the public record of this meeting: • Presentation No. 1 by Brian Levy and Philip Novak • Presentation No. 2 by Shane Chambers • Presentation No. 3 by Christopher Thompson • Presentation No. 4 by Alena Callimanis • Presentation No. 5 by Robert (Bob) Lasser • Presentation No. 6 by Karen Tomcala • Presentation No. 7 by Carol Winnor • Presentation No. 8 by Lisa Jeffrey • Presentation No. 9 by Carol Strop • Presentation No. 10 by Sylvia Lasser The following WRITTEN PUBLIC COMMENTS, in SUPPORT of the project, listed in alphabetical order, were received, distributed to Council, made public and available on the City's website, and included in the public record of this meeting: • Penny Boehm - submitted "Coral Mountain Support Petition" signed 79 citizens • Diversified Pacific (Matthew Jordan, Co -Managing Member) • Beatrice Elamboly • Kristin Hermann • Pam Hunter • Tom McDaniel • Amy Moore • Alan Pace • Sunrise Company (Randall Bone, CEO) • Mark Tadros • The Hoffman Company (Erik Christianson, Sr. VP) The following WRITTEN PUBLIC COMMENTS, in OPPOSITION of the project, listed in alphabetical order, were received, distributed to Council, made public and available on the City's website, and included in the record of this meeting: • Carel Adler • Aliah Aguilar -Hernandez • Monet Allard -Wilcox • Robert Arroyo CITY COUNCIL MINUTES SPECIAL MEETING • Sally Arroyo • Fritz Bachli • Tracy Barrows • Vanessa Becerra Page 6 of 10 SEPTEMBER 21, 2022 • Denise Bellamy • Nancy Bruce • Mike Charles • Harlin Cheatwood • Aldo Corsini • CSDA Design Group (Randy Waldeck, PE, Principal, Acoustic and Aditya Balani, Sr. Acoustician) - Noise Study and Acoustical Report • Marcia Cutchin • Jim Flanagan • Erik Gibbs • Stephen Hamlet • Carol Jensen • Kurt Kosek • Marne McCluskey • Meridian Consultants (Christ Kirikian, Principal) - noise memorandum • Lauren Ogle • Robert Ohda • Oswit Land Trust (Jane Garrison, Executive Director) • Joan Padduck • Marge Pierce • Adriana Ponce Murillo • Rick Poynter • Christine Ramos • Kailah Rose • Justin Schneider • Robert Schneider • Ryan Shurtleff • Dave Watro • Dorian Whitney MAYOR EVANS CALLED FOR A BRIEF RECESS AT 9:39 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 9:49 P.M. WITH ALL MEMBERS PRESENT City Attorney Ihrke explained the legal process the City must follow in reviewing any proposed project from any applicant and the legal process the City must follow for proposed land use applications, including environmental review under the California Environmental Quality Act (CEQA), general plan amendments, specific plan amendments, and zone changes. DEVELOPER/APPLICANT REBUTTAL: Mr. Gamlin said they have no business relationship with the Laurian Group alluded to by one of the speakers. Tony Locacciato, AICP, Founding Partner at Meridian Consultants, LLC - restated the result of the noise monitoring study, and stated all factors were accounted for in the study. Michael Winfrey, Musco Sports Lighting - sky -glow, offsite spillage, reflective light above the 40' poles, etc. have been mitigated by lowering and relocating the poles. CITY COUNCIL MINUTES SPECIAL MEETING Page 7 of 10 SEPTEMBER 21, 2022 Mr. Vaughn addressed speaker concerns regarding: residents' recourse if completed development results in light, noise, etc., greater than stated during the approval process; unavoidable impacts of greenhouse gases and aesthetics noted in the EIR; adequacy of the EIR; evaporation data; aquafer depletion; wave basin development being a solution but will not resolve the State's water crisis. At Council's request, staff explained that the current zoning for the property, low -density residential, would result in higher greenhouse gas emissions, and would cause the same negative aesthetic, i.e., blocking portions of Coral Mountain. PUBLIC SPEAKER: Alena Callimanis, La Quinta - objected to the data provided by the Applicant regarding lighting and greenhouse gases. PUBLIC SPEAKER: Carol Berg, La Quinta - objected to the Applicant's statement that golf courses use more water than the wave pool. MAYOR EVANS CLOSED THE PUBLIC HEARING AT 10:15 P.M. Council discussed: the role of, and the valuable contribution of the Planning Commission; the abundance of information from all sources regarding this project; the right of the Applicant to due process in accordance with the United States and California Constitutions; "benefits" noted by Applicant are better described as mitigation measures, not true benefits; the project's compatibility and incompatibility with the land uses and resources as set by the General Plan; the need to look to the future; the Council's inability to unilaterally bifurcate a developer's project, as it is up to developers/applicants to design a project and bring it through the City's process; the choices are not only the wave resort, golf community or nothing, as there may be other options; Council decisions cannot be based on emotions, as facts have to be the deciding factor, nor does Council make decisions solely based on tax revenue; Council gives no preference to developers or the wealthy; for prior development projects in the City, current residents occupy houses in those prior projects that had opponents; all property owners, residential and business, have rights to protect their properties; there is recourse available if project studies are incorrect; the neighbors' expectations and reliance on the now current General Plan and Zoning Code when purchasing their homes; the significance to change the General Plan given the size and location of the proposed project, characterized as a "high threshold"; La Quinta is a pro - business city but not all projects are appropriate for their proposed use and location in La Quinta; the quality and intelligence of La Quinta residents is extraordinary; infill projects are difficult because they have to fit into existing environments; the difficulties of keeping the high quality -of -life in La Quinta with State and Federal unfunded mandates; STVRs were not anticipated on CITY COUNCIL MINUTES SPECIAL MEETING Page 8 of 10 SEPTEMBER 21, 2022 this site, which is surrounded by low -density residential; power, water and affordable housing will be issues in the future; public comments can be paradoxical in that an existing developments' golf course, lake, or pool may be acceptable to its residents, but the next development with similar or same amenities is not; a wave pool is a unique and potentially desirable project, and while STVRs may be allowed or appropriate, they would not be in every house; there are areas in the City where property tax revenue goes to the County, yet services are provided by La Quinta; the height of the light poles should never have been 80 feet; the perception of water use is valid in a time of conservation; the public benefits proposed are not directly relevant to the action before Council; echoing noise will occur in any project or development; the project is not in the right location and the timing, during a drought, is not the right time; and, perhaps a development such as this would be better located in the City's Sphere -of -Influence potentially annexed into the City in the future. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 11: 08 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 11:33 P.M. WITH ALL MEMBERS PRESENT City Attorney Ihrke read into the record a proposed draft resolution denying the project, included as Attachment 1 to this document. MOTION - A motion was made and seconded by Councilmembers Radi/ Fitzpatrick to adopt Resolution No. 2022-034 denying the project: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT 2019-0002, DENYING ZONE CHANGE 2019-0004, DENYING SPECIFIC PLAN 2019- 0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN), DENYING SPECIFIC PLAN 2020-0002, DENYING TENTATIVE TRACT MAP 2019- 0005 AND DENYING DEVELOPMENT AGREEMENT 2021-0002, RELATING TO THE CORAL MOUNTAIN RESORT, SOUTH OF AVENUE 58, NORTH OF AVENUE 60, AND EAST AND WEST OF MADISON STREET CASE NUMBERS: GENERAL PLAN AMENDMENT 2019-0002; ZONE CHANGE 2019-0004 SPECIFIC PLAN 2019-0003 (AMENDMENT V TO ANDALUSIA SPECIFIC PLAN); SPECIFIC PLAN 2020-0002; TENTATIVE TRACT MAP 2019-0005 DEVELOPMENT AGREEMENT 2021-0002 APPLICANT: CM WAVE DEVELOPMENT LLC Motion passed unanimously. CITY COUNCIL MINUTES SPECIAL MEETING Page 9 of 10 SEPTEMBER 21, 2022 MAYOR'S AND COUNCIL MEMBERS' ITEMS Mayor Evans announced that the City's Pillars of the Community and Distinguished Artists and Athletes event will be tomorrow, September 22, 2022, at City Hall at 4 p.m. in the Council Chamber. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Fitzpatrick to adjourn at 11:46 p.m. Motion passed unanimously. Respectfully submitted, ( MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL MINUTES SPECIAL MEETING Page 10 of 10 SEPTEMBER 21, 2022