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2022-03-15 Polo Villas DA 2021-0003 - C1 Adopt Ord 599 CC Staff ReportCity of La Quinta CITY COUNCIL MEETING' March 15, 2022 STAFF REPORT CONSENT CALENDAR ITEM NO. 1 AGENDA TTTLE! ADOPT ORDINANCE NO. 599 ON SECOND READING APPROVING DEVELOPMENT AGREEMENT 2021-0003 FOR POLO VILLAS RESIDENCES; 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 RECOMMENDATION Adopt Ordinance No. 599 on second reading. EXECUTIVE SUMMARY • On March 1, 2022, Council introduced Ordinance No. 599 to approve Development Agreement 2021-0003 for Polo Villas Residences. • Tract 33085 was approved by Council on December 5, 2017, for seven (7) units, south of Beth Circle, and Tract 36279 was approved by Council on March 17, 2015, for 11 units, north of Beth Circle (Attachment 1). Mitigated Negative Declarations (MND) were also adopted for each Tract. • Tract 36279 was built in 2015/2016 and the 11 units each currently have active short-term vacation rental (STVR) permits since September 2016. Tract 33085 has not yet been built. FISCAL IMPACT The project is estimated to generate revenue primarily through property taxes, development impact fees (DIF), property taxes in -lieu of vehicle license fees, and transient occupancy tax (TOT). The following projections were provided by the applicant based on a Fiscal Impact Study: Estimated Fiscal Impact at Build -out Recurring Revenues Property Tax $23,263 Property Tax in lieu of VLF $7,731 Transient Occupancy Tax $831,183 9 Off -site Sales Tax $43,849 Other revenues $36,140 Total Recurring Revenues $942,166 Recurring Expenditures (i.e., Police, Fire, City staff) $131,577 Net Fiscal Surplus $810,589 The additional costs incurred to the City as a result of the project are less than the additional revenues generated; therefore, resulting in a net positive fiscal impact. 3ACKGROUND/ANALYSIS The Polo Villas residential development is comprised of 18 units within two (2) tract maps numbered 33085 and 36279 (Attachment 1). The tentative tract map for Tract 33085 was approved and an MND was adopted for seven (7) units on December 6, 2005. The final tract map was approved and recorded in December 2017. The tentative tract map for Tract 36279 was approved and an MND was adopted for 11 units on August 2, 2011. The final tract map was approved in March 2015 and recorded in April 2015. Of the 18 units, 11 have been built, and have had an active STVR permits since 2016. In May 2021, Council adopted an ordinance that places a permanent ban on the issuance of new STVR permits, with the exception of units within the Village and Tourist Commercial zones, and developments subject to a development agreement (DA) that stipulate STVRs are allowed, among other specified exceptions. Those with current active STVR permits may continue to operate as STVRs, but a STVR permit is not transferable and expires when an owner sells their property to a new owner. In this case, the applicant (GTGF, LLC) has a purchase and sale agreement to buy the 18 properties from the current owner (Desert Polo Land Company, LLC) and wishes to enter into a DA with the City to allow STVRs to continue to operate. Government Code Section 65864 and the La Quinta Municipal Code (LQMC) Section 9.250.020 allow applicants to enter into DAs with the City. Development Agreement Terms The terms of the DA, included as Exhibit A to Ordinance No. 599, are summarized below: • The project shall be constructed in accordance with project approvals and shall consist of a residential single-family development specifically developed and available for use as primary residences, secondary residences, and/or STVR residences, with the following components: o Annual permitting fees to be consistent with the City's fee program; 10 o Any rental or occupancy of 30 nights or less to be subject to the City's then -current transient occupancy tax for STVRs; o Rental or occupancy agreements, and material renter or occupant information, shall be retained for a minimum of three (3) years (or other retention period as may be approved by City policy or code) by the applicant or their authorized management company for the STVRs at the site; o Occupancy in any residence, including residences used as STVRs, shall be capped at two (2) persons per bedroom, plus no more than four (4) additional occupants; and o Each of the residences shall allow for transient occupancy, 30 days or less. • A performance schedule for construction of the seven (7) units on the south side of the project. • The term of the DA shall be for 50 years. • The DA shall be reviewed on an annual basis. ENVIRONMENTAL REVIEW The Design and Development Department has determined that the proposed project is consistent with MND EA 2005-537 adopted by Council on December 6, 2005, by Resolution No. 2005-097 and MND EA 2010-608 adopted on August 2, 2011, by Resolution No. 2011-073, in that the properties are available and must be used for residential purposes as primary or secondary residences or STVRs. Al TFRNATTVF" As Council introduced this ordinance at first reading, staff does not recommend an alternate. Prepared by: Monika Radeva, City Clerk Cheri Flores, Planning Manager Approved by: Jon McMillen, City Manager Attachment: 1. Vicinity Map 11 ATTACHMENT 1 tai Otilifra City of La Quinta Planning Division Design and Development Department January 2022 T 1N3WHDVllV