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1999 06 01 CC Minutes>svZ LA QUINTA CITY COUNCIL MINUTES JUNE 1, 1999 Regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena ABSENT: None PUBLIC COMMENT None CLOSED SESSION 1. Evaluation of Council-appointed positions, City Attorney and City Clerk, pursuant to Government Code Section 54956.6. Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. PUBLIC COMMENT Peter Urbon, P.O. Box 874, Rancho Mirage, presented a sketch of artwork that he proposed be used on the Civic Center Campus, and suggested using high school students to assist with the project. He felt it would be a good idea to incorporate the art designs into the design of the campus. Council Member Adolph noted that the Civic Center Master Plan will?be before the Council at the end of the month, and suggested that the sketch be given to the architect. Council Member Henderson believed the Council's direction to the Cultural Arts Commission was to help create an artistic atmosphere in some of the pathways and landscaping, but not the purchasing of artwork at this time. Mr. Genovese, City Manager, advised that the details will be determined after the conceptual design is considered. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 2 June 1, 1999 Ira Grayboff, 1 56 So. La Cerra Drive, Rancho Mirage, also presented a sketch of a proposed art piece for the Civic Center Campus, consisting of a full-scale horse that he felt would appeal to all ages. Elaine Reynolds, 49-294 Vista Bonita, offered some suggestions for the Civic Center Campus to make it unique and user friendly, and advised that the Cultural Arts Commission feels it needs to work with the architect to help with that element of the campus. CONFIRMATION OF AGENDA Confirmed APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of May 1 8, 1 999, as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS None WRITTEN CORRESPONDENCE None CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 1, 1999. 2. ADOPTION OF RESOLUTION APPROVING THE SUBMISSION OF THE CALIFORNIA TRAILS AND GREENWAYS FOUNDATION GRANT APPLICATION. RESOLUTION NO.99-67) 3. ADOPTION OF RESOLUTION ACCEPTING THE DONATION OF A HORSESHOE PIT TO THE LA QUINTA SENIOR CENTER. RESOLUTION NO.99-68) 4. ADOPTION OF RESOLUTION ACCEPTING THE DONATION OF PATIO UMBRELLAS TO THE LA QUINTA SENIOR CENTER BY THE FRIENDS OF THE LA QUINTA SENIOR CENTER. RESOLUTION NO.99-69) BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 3 June 1, 1999 5. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23995-4, INCO/HUNTINGTON HOMES. 6. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23995-5, INCO/HUNTINGTON HOMES. 7. APPROVAL TO NEGOTIATE WITH THE FIRM OF TRI-LAKE CONSULTANTS TO PROVIDE CAPITAL IMPROVEMENT PROJECT AND PRIVATE DEVELOPER PROJECT INSPECTION. 8. ADOPTION OF RESOLUTION REAFFIRMING THE CITY'S ADOPTION OF THE ANNUAL ASSESSMENT FOR CSA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS UNDER CSA 152. RESOLUTION NO.99-70) MOTION It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and with Item Nos. 2, 3, 4, and 8 being approved by RESOLUTION NOS. 99-67 through 99-70 respectively. Motion carried unanimously. MINUTE ORDER NO.99-66. BUSINESS SESSION 1. CONSIDERATION OF REQUEST BY THE LA QUINTA ARTS ASSOCIATION TO SUBLEASE A CITY-OWNED BUILDING OCCUPIED BY THE LA QUINTA CHAMBER OF COMMERCE. Ms. Coyle, Management Analyst, advised that the La Quinta Arts Association is asking to sublease a portion of the building occupied by the La Quinta Chamber of Commerce on Avenida Bermudas. The Chamber's Board of Directors has voted to support the request, providing that the Association assumes any fiscal responsibility for renovations or additions and that they provide liability insurance. The building is currently rented to the Chamber for $1 monthly. That arrangement can be maintained, or a per square foot lease may be entered into with the Association. The City's insurance broker has recommended that the Association be required to provide the same $1 million liability insurance coverage that is required of the Chamber, and that additional at-risk insurance may be required if expensive art pieces are housed in the building. She advised that Ms. Reynolds has indicated that the Association will need help to pay for the liability insurance, however, the City's insurance broker has advised that if the Association currently has liability insurance, there shouldn't be any additional costs to add the new location and the City to the BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 4 June 1, 1999 policy. The Association is also asking to use the outside area in the rear of the building for a sculpture garden, and she noted that the facility is not currently secured for that use. Mr. Herman, Community Development Director, advised that the Public Use Permit process, which the Chamber was processed under, no longer exists in the Zoning Ordinance, and would have to be converted to a Conditional Use Permit process. Any modification to the exterior use will require a modification to the permit, and the application fee is $750. The sculpture garden and any retail would be ancillary uses and need to be processed as a modification to the application. In response to Mayor Pena, Mr. Herman advised that Conditional Use Permits go to a public hearing before the Planning Commission. In response to Council Member Henderson, Mr. Herman confirmed that the building is not in The Village, but rather in the Major Community Facilities District. Under the current permit, the Association may occupy the interior space of the building. In response to Mayor Pena, Ms. Honeywell, City Attorney, advised that a joint Conditional Use Permit application from the Chamber and Association would make the most sense. Elaine Reynolds, 49-294 Vista Bonita, stated that she understood their liability insurance only covers schools and can't be transferred, but she will check to find out if it covers other public facilities. She advised that they could move in without a sculpture garden, but felt that a sculpture garden would attract attention. Mayor Pena suggested the sculpture garden might be a long-term plan. Doug Yavanian, 78-371 Highway 111, President of La Quinta Chamber of Commerce, asked if a Conditional Use Permit would be required to extend the building over an existing concrete slab, to which Mr. Herman responded yes. Council Member Henderson supported joint use of the building, but felt it should evolve slowly without the sculpture garden initially to see how the parking problems can be addressed. Council Member Sniff felt the parking concern is critical, but didn't have a problem giving conceptual approval provided there's a hold harmless agreement, proper insurance, and an annual review and approval. He preferred a more BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 5 June 1, 1999 permanent location with better access and parking, and wasn't sure how well art pieces could be secured in the outside area. Council Member Adolph supported the request, and asked if there's any way for the Chamber's liability insurance to cover the Association. Ms. Coyle advised that staff didn't ask the City's insurance broker that specific question, but it could be checked into. Council Member Perkins didn't have a problem with the request. His only concerns were related to parking and security. Mayor Pena felt it's a great idea with a lot of potential, and believed the issues can be worked out satisfactorily. MOTION It was moved by Council Members Sniff/Adolph to approve the concept of a sculpture garden and of subletting a portion of the City-owned building occupied by the La Quinta Chamber of Commerce on Avenida Bermudas to the La Quinta Arts Association with the details to be addressed through the appropriate permit process and including in the sublease agreement a $1 million liability insurance policy, hold harmless agreement, and an annual review/approval by the City. Motion carried unanimously. MINUTE ORDER NO. 99-67. Mayor Pena advised that a presentation would be made at this time. PRESENTATIONS Joe Palencia, Chairman of the Inland Empire Branch of the American Public Works Association, presented a plaque to the City for completing the Fritz Burns Park Pool Project in phenomenal time without any contract change orders and within budget. BUSINESS SESSION.................continued 2. CONSIDERATION OF APPROVAL OF CULTURAL ARTS COMMISSION 1999/2000 WORK PLAN. Ms. Horvitz, Community Services Director, advised that the Cultural Arts Commission has made some minor changes to their 1 999/2000 Work Plan, and are submitting it for Council's review and comment. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 6 June 1, 1999 Council Members Adolph and Perkins supported approval of the work plan. Council Member Henderson questioned why the reference regarding publishing of information in current City brochures was being deleted, and wished to see it retained. She also felt various mediums" on Page 1 3 Meet the La Quinta Artist) should be changed to different mediums" or 1'varied mediums," and Ms. Horvitz advised that the same paragraph should read, Bi-monthIy" instead of monthly. In response to Council Member Sniff, Ms. Horvitz confirmed that the Cultural Master Plan was received and filed approximately one year ago. The Commission's intent is to review the City's Master Plan and the cultural element in the General Plan, and the Art in Public Places Master Plan, and then incorporate them into one plan. Council Member Henderson understood that the Council has asked the Commission to look at the three plans, and to bring them together under one plan. She also understood that they wouldn't be bringing back the Cultural Master Plan. Mayor Pena supported moving forward with the work plan, and suggested some of the activities under Develop Public Art Program Information" Page 8) be placed on the City?s web site. MOTION It was moved by Council Members Sniff/Henderson to approve the Cultural Arts Commission's 1999/2000 Work Plan with modified language. Motion carried unanimously. MINUTE ORDER NO.99-68. 3. CONSIDERATION OF APPROVAL OF THE COMMUNITY SERVICES COMMISSION 1999/2000 WORK PLAN. Ms. Horvitz, Community Services Director, advised that the Community Services Commission is submitting its 1999/2000 Work Plan for Council's review and consideration. Council Member Sniff didn't have any problem with the work plan. Council Member Henderson referred to a recommendation from the U. S. Census Bureau for local governments to form count committees, and recommended giving it to the Community Services Commission as a task. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 7 June 1, 1999 Mayor Pena suggested placing it under Advisory Body to City Council," and felt it would be great for La Quinta to be the first City doing this. Council concurred. Council Member Sniff suggested the City Manager review the letter before forwarding it to the Commission. Mayor Pena felt some sort of diversity component should be inserted under Community Unity." In response to Council Member Henderson, Ms. Horvitz confirmed that the completion date for Community Unity should be changed to annual or ongoing." Council Member Sniff suggested changing the City's community picnic date to coincide with the City's anniversary in May each year. Council concurred. MOTION It was moved by Council Members Sniff/Adolph to approve the Community Services Commission's 1 999/2000 Work Plan as amended changing the City's community picnic date and adding the U. S. Census issue). Motion carried unanimously. MINUTE ORDER NO.99-69. 4. SECOND READING OF ORDINANCES ORDINANCE NO.331 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.29- PLANNING COMMISSION OF THE LA QUINTA MUNICIPAL CODE REGARDING THE ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE. It was moved by Council Members Sniff/Adolph to adopt Ordinance No.331 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 8 June 1, 1999 STUDY SESSION 1. DISCUSSION OF THE INTERSECTION ULTIMATE IMPROVEMENTS AT JEFFERSON STREET AND AVENUE 52. Mr. Vogt, Public Works Director, advised that the purpose of this study session is to discuss the alternatives for the Jefferson Street/Avenue 52 intersection a roundabout or a conventional signal), and to discuss landscaping for Jefferson Street. Mr. Freeland, Senior Engineer, advised that the subject intersection improvements are within Project 99-05, and that the traditional traffic signal is part of the base bid, and the roundabout is an additive alternate. In reviewing both options, he advised that the components of the traditional traffic signal will include dual left-turn movements both north and southbound, and dedicated right-turn lanes. The roundabout will consist of a 148-foot diameter center circle with 26 to 28-foot lanes around the circle, and raised curbs throughout. He added that right-turn movements would not enter the roundabout. The median island landscaping has not been designed, but will conform to the City's standard desertscape" type of landscaping. The estimated design cost for the median landscaping is $50,000, and the estimated construction cost, if the roundabout is included as part of the landscaping theme, is $1.55 million. The estimated construction cost without the roundabout is $1 21 million. This will be funded from the City Infrastructure account, and is not eligible for reimbursement from CVAG. Council Member Henderson questioned the design costs for the median landscaping, noting that the City has accepted a landscape design theme, which she thought would help avoid these repetitive design costs. Mr. Freeland advised that the costs are about half what they would be if there were no landscape standards in place. Design costs are normally 10% of construction costs. Dr. Peter Doctors, of Ourston & Doctors, consultants on roundabouts, presented a slide and video presentation on the history of roundabouts as an alternative to conventional signalized intersections. In response to Council Member Adolph, Dr. Doctors advised that the main difference between roundabouts and traffic circles are that roundabouts have design guidelines and traffic circles do not. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 9 June 1, 1999 Council Member Adolph stated that it's been his experience in driving roundabouts throughout Europe, that traffic is not noticed like it was in the presentation, and he didn?t feel that people would have a problem driving roundabouts once they become aware and learn how to drive them. He's never seen a traffic accident in one. Wayne Hancock, 55-920 PGA Boulevard, of KSL Development Corporation, encouraged Council to approve a roundabout at Avenue 52 and Jefferson Street, and commented on the number of traffic signals already in the City. He felt Washington Street has already been ruined, and wished to see something done before the same thing happens to Jefferson Street. He felt Jefferson Street and Avenue 52 may someday be one of the most important intersections in the valley, and that the City would be missing a real opportunity if it fails to make it special by putting a roundabout and public artwork there. In regard to the impact on surrounding properties, he has explained to Mr. Bartlett that the right-of-way required at the corner isn't buildable and that the curved street will give him more retail frontage. Because of safety, environmental, and aesthetic reasons, he encouraged the use of roundabouts instead of traffic signals, and felt it could make La Quinta a very distinctive resort community. Robert Tyler, 44-215 Villeta Drive, stated that he teaches a mature driving class at the Senior Center, and believes that seniors have a major problem with right- of-way issues. Although roundabouts are intriguing, he felt they have one diametrically opposing feature; the right-of-way is given to the left instead of the right, which is what we are used to, and the seniors could have some problems with that. Council Member Sniff made several references to the staff report in regard to roundabouts, beginning with the fact that they cost more, and that they're designed for slower speeds, which causes traffic to have to wait for a gap in the circulating system during higher traffic loads. He felt the flared entries would be confusing to tourist traffic, and questioned why there's so few in the United States if they're so great. The staff report also notes that Jefferson Street and Avenue 52 is considered an intersection with heavy flows on all legs, and felt it may not be an appropriate location for a roundabout because of undue delays imposed on major flows. He questioned the unmarked pedestrian crossings, and noted that roundabouts are less safe than signalized intersections for cyclists. There's nothing in the staff report that encourages him to support roundabouts, except for the aesthetics of it, and he'll take function over aesthetics every time. He wasn't sure there's any advantage to roundabouts, nor that people would get used to them with any degree of certainty since there would only be one of them, and he questioned why this is being pushed so hard. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 10 June 1, 1999 Council Member Adolph wished to see some roundabouts placed in the City, and believed the reason there's so few is because of City Councils that can't foresee the future. Aesthetically, he feels that traffic signals are ugly, and believes they cause more traffic accidents. He felt pedestrian traffic at Avenue 52 and Jefferson Street is practically non-existent and didn't expect it to change since golf courses are planned for three of the four corners. He has driven a lot of roundabouts, and feels they work fine. Council Member Perkins advised that he's only driven traffic circles, and has mixed emotions about this issue. He didn't feel there would be a pedestrian problem, but wasn't sure about the equestrian or bicyclist problem. If the City is going to do a roundabout, he couldn't think of a better intersection to try it, and advised that he wouldn't oppose it if that's what Council wishes to do. Council Member Henderson believed it's time for the City to do a roundabout. She understood the fear of something new, but didn't feel it would take people long to get used to it, and felt it would be a bold statement for the City. She felt a small roundabout would work in The Village near the post office, and supported putting one at Avenue 52 and Jefferson Street. Mayor Pena appreciated the presentation, but it hasn't changed his opinion about a roundabout at that particular location. He didn't feel a six-lane facility is the appropriate place to put the first roundabout in the City, but could support one elsewhere. He was unaware of any proposal for this intersection other than golf courses, and didn't understand why this location was selected for a roundabout. Mr. Genovese, City Manager, advised that there was a request from KSL, but this was driven by Council's previous comments regarding the possibility of having roundabouts in the City, and staff felt this might be a potential location. The reason for the accelerated process is due to the funding deadlines, and as for the roundabout, that's a policy decision that Council must make. Mayor Pena continued to feel that this is not an appropriate place for the first roundabout in the City, especially since most people haven't driven in one. He felt a bold statement could be made elsewhere in the City, and suggested that a roundabout may be useful in the Westward Ho area where Jefferson Street narrows. He couldn't support a roundabout at Avenue 52 and Jefferson Street. Council Member Sniff generally agreed that the Westward Ho area might be a more realistic, logical, and functional place to do a roundabout, and perhaps in The Village as well. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 11 June 1, 1999 Council Member Henderson believed the Desert Resorts Regional Airport is going to become a significant player, and bring additional traffic that will make this a high profile intersection. She noted that statistics show that roundabouts work when two major streets, such as Avenue 52 and Jefferson Street, come together. Council Member Adolph felt people are adaptable, and will adapt to a roundabout. Mayor Pena asked about the increased funding. In response to Council Member Henderson, Mr. Vogt confirmed that the increase is $76,000, and that the City's portion will be $19,000 after CVAG's reimbursement. Mr. Genovese advised that the bid award, which will be considered on June 1 5, will include both alternatives, and that a final decision will be made at that time. Mr. Vogt advised that a design has not been completed yet for the median landscaping along Jefferson Street, and asked if Council wished to see that done as a change order and dovetailed into the construction. The construction will include raised medians. Council concurred on moving forward with the median design and landscaping. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS C. LA QUINTA CHAMBER OF COMMERCE INSTALLATION DINNER. Council concurred on buying a table at the La Quinta Chamber of Commerce Installation Dinner. C-2. CITY COUNCIL MEETING SCHEDULE. Council Member Adolph advised that he will be out of town and unable to attend the June 22 meeting. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 1 2 June 1, 1999 F. COMMUNITY SERVICES/CITY PICNIC FOLLOW-UP. Council Member Henderson asked if thank you notes had been sent to the businesses that participated in the City Picnic, to which Ms. Horvitz responded yes. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS' SPRING CONFERENCE IN LAS VEGAS. Council Member Sniff understood the conference was successful, and wished to see a list of the people that the Council and staff interviewed. He also wished to see follow-up letters sent and the effort tracked to see how effective it was. Mayor Pena felt that the people were very impressed with the information provided in the City's distribution package, and that most of them were aware of La Quinta. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT None PRESENTATIONS None BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZ City Council Minutes 1 3 June 1, 1999 PUBLIC HEARINGS 1. APPEAL BY MR. ARTHUR BRANDT OF THE PLANNING COMMlSSION?S DECISION TO APPROVE SITE DEVELOPMENT PERMIT 99-651, A REQUEST BY KSL RECREATION CORPORATION TO INSTALL 9,600 SQUARE FEET OF TEMPORARY MODULAR OFFICE UNITS ON A FOUR-ACRE SITE DEVELOPMENT WITH EXISTING INTERIM USES IN THE TOURIST COMMERCIAL DISTRICT PURSUANT TO SPECIFIC PLAN 83-002 PGA WEST) AT 55-910 PGA BOULEVARD. The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that on May 14, 1 999, Mr. Arthur Brandt filed an appeal of the Planning Commission's approval permitting 14 interim modular units for KSL Recreation Corporation at 55-910 PGA Boulevard for a three-year period. He advised that KSL is proposing five new modular units 9,600 sq ft.), for a total of 14 units 21,000 sq. ft.) on a four-acre site. Landscaping is proposed on the east and west sides of the complex, and 91 parking spaces are provided. The Planning Commission approved the request on May 11, 1 999, subject to findings and conditions. He noted that Condition No.1 8 requires all of the interim buildings, both old and new, to be removed within three years, and for the application to be brought back before the Planning Commission within two years for review. In response to Council Member Adolph, Mr. Herman advised that Condition No.1 should be deleted as it was replaced by Condition No.18, which was modified at the Planning Commission to read,"The Planning Commission shall receive a status report of the temporary uses from the applicant of this Site Development Permit by June 1, 2001. All existing interim modular units and all units approved by this permit shall be removed by June 1, 2002," and so Condition No.18 in the staff report should read accordingly. In regard to the term temporary," he advised that the Specific Plan, which supersedes the Zoning Ordinance, identifies these as interim units, and does not define a time frame. Arthur Brandt, 55-605 Pebble Beach, advised that he was told by Landmark when he purchased his property, that the temporary buildings would be removed as soon as the resort clubhouse was built, and yet only one has been removed, and he felt KSL should follow the rules that were originally set. It was his understanding that the existing units were to be used only for construction/sales facilities, and now understands that they'll be used for corporate offices. He objected to the notification process, advising that he was not notified of the Planning Commission hearing. He lives across the fairway BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 14 June 1, 1999 from the units, but only five condos are within the 500-foot radius. He questioned why all PGA West residents weren't notified like they've been for other projects, and why KSL waited until the end of April to request this approval when they knew about it months ago. He's been told by other residents that he's wasting his time because KSL gets whatever it wants from the City. He asked the Council to: reject the Site Development Permit; order a review of the existing trailers and fences with the goal of removing them as Soon as possible; begin immediate replacement of temporary chain link fences with compatible walls and sidewalks; and remove interior chain link fences and plant groundcover. Their CC&Rs state that the declarant intends to develop, maintain, and operate PGA West in a first-class manner, and he felt KSL could afford to do that. He believed 14 years is a long time to call temporary, and recommended that the Minor Use Permit for the Hobbs trailer, which expired on May 1 9, not be renewed. He believed KSL has alternative sites for placement of these units, and that they should consider the homeowners and members of PGA West. Mayor Pena advised that in appeal cases, the Council functions as a Board of Appeals, and he reviewed the procedures that they must follow, stating that they can refuse to consider any issues not raised by the appellant or another person either by verbal testimony or written correspondence made at or before the Planning Commission public hearing. He advised that the two items stated for the appeal are the failure to properly notify of the hearing, and improper use of temporary buildings. In response to Mayor Pena, Mr. Herman advised that the hearing notices were sent to over 40 property owners, excluding KSL and Sunrise Development, including not only those within 500 feet, but also the property owners on Pebble Beach, which is adjacent to the site. As for improper use of buildings, he advised that the Specific Plan does not identify the timeline for temporary use, and only identifies them as interim uses. Ms. Honeywell, City Attorney, advised that the notification procedures that were followed by the City are in excess of what is required by law. The second issue is essentially the primary issue that was before the Planning Commission, as to whether or not it's appropriate under the Site Development Permit to allow the move of the additional temporary buildings to this site. She advised that the appellant has appropriately raised the issue, and that the Appeals Board becomes the final decision maker. Charles Hathaway, 55-405 Pebble Beach, spoke in support of the appeal, stating that he felt the trailers are an eyesore to the whole PGA West community. He also took exception to the existing chain link fence that's over BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 15 June 1, 1999 a mile long and a site pollutant. He felt it's time for KSL to relocate the fence and the temporary modular units, and urged Council to defeat KSL's damaging use of the property. Vicki Merchant, 79-768 Arnold Palmer Drive, stated that she had a problem with the City's definition of temporary, and the City's noticing requirements. She felt all of the property owners should have been notified since KSL owns all of the surrounding property, including the golf course, where their homes are. She felt the trailers should be moved outside and placed where Sunrise has their facilities. PGA West is advertised as the ultimate first-class private club experience, and she knew of no such facility that would allow 20 trailers within their project, especially in a visible location. Kelly McGalliard, 73-310 Desert Rose, Palm Desert, advised that the primary concern is the interpretation of temporary and interim. She didn't consider 14 years as temporary, and felt alternate sites exist that are more appropriate. David Peters, 74-075 El Paseo, Suite C-4, Palm Desert, representing the homeowner associations in PGA West, advised that the PGA West Master Homeowners Association has no record of ever receiving a notice of the public hearing. Dan Shepardson, 54-839 Shoal Creek, of the PGA West Master Homeowners Association Board of Directors, advised that they only heard about the application a few days ago because they did not receive a hearing notice, even though PGA West Boulevard falls under their responsibility and is adjacent to the proposed site. He further advised that the Board has voted unanimously to support the appeal. The view from these expensive homes is important to the property owners, and they don't want to look at temporary buildings. It's already been a problem for too long, and a three-year extension will make the problem bigger. In response to Mayor Pei\a, Mr. Herman advised that the mailing lists for public hearings are provided by a title company who signs a document stating that the list is from the latest County tax rolls. He then read a list of names and addresses of the homeowners associations on file with the County Assessor. Bud Wehrly, 55-665 Pebble Beach, questioned how the City is supposed to be protecting the property values for its residents, if a project with a life of 30 years is allowed to have temporary buildings on it for 1 7 years. Larry Allen, 54-407 Shoal Creek, felt a protected environment is one of the reasons why people buy homes within developments like PGA West. They?re BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 16 June 1, 1999 not allowed to park boats or RVs on their properties, and are restricted to four hours for loading and unloading their mobile coaches, and that's what he considers temporary. He believed temporary buildings and fences have a direct impact on the value of surrounding properties. J. R. Mauro, 78-117 Calle Norte, Vice President of R. C. Hobbs Company, supported the use of temporary trailers because he believed sales trailers are important to the success of the company. Due to current restrictions imposed by the homeowners association, it's imperative for them to retain their trailer in a visible site. He advised that they've been at the current location for six months, and if sales continue at the current rate, they intend to be there for approximately 1 2 more months. He understood that the trailers had been previously used by the homeowners association and the Legends of Golf. Lorraine Milosivich, 56-285 Riviera, believed the trailers are going to have a tremendous negative impact on the property values. Forrest Haag, 49-999 Eisenhower Drive, representing KSL, advised that the new buildings will be placed behind the existing buildings, and that they?ve agreed to screen all of the buildings with landscaping. He felt the real issue is not the definition of temporary or interim, but rather what the use is and the allowable uses within the Zoning Ordinance. He presented a digital image of the view with landscaping pasted in, and he noted that temporary trailers are part of the construction and development process, and is an allowable use within the Tourist Commercial zoning. In response to Mayor Pena, Mr. Haag advised that the elevation drop from the existing pads to the proposed pads is 4-10 feet. Council Member Adolph didn't feel that the photograph gives a true depiction of the proximity between the trailers and homes. In response to Council Member Sniff, Mr. Haag advised that they are required to submit a landscape plan for staff's approval, and that the tree span will depend on the type of tree used. They are willing to plant the type and size of trees designated by the City, and advised that the tree span will increase with growth. Council Member Sniff noted that the trees will only be there for a maximum of three years. Jim Murphy, 54-580 Riviera, noted that the trailers referred to by Mr. Haag as temporary construction offices to oversee development, are actually corporate BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZ City Council Minutes 17 June 1, 1999 offices that have nothing to do, exclusively, with the development of PGA West, but have everything to do with managing the whole KSL enterprise. He believed the Council is charged with representing what is in the best interest of the whole community, and felt that KSL has alternative locations to place their temporary corporate offices. Lar? Lichllter, 80-1 38 Hermitage, representing KSL, advised that KSL has tried to be sensitive to the homeowners' concerns by painting the trailers and planting additional landscaping, and as for the new trailers, he believed the impact to the homeowners on Pebble Beach has been lessened because of the change in elevations. He also noted that under the current permit, there's no timeframe for the trailers, but they only need them for a few more years. Although the trailers are corporate offices, a lot of time is spent on PGA West issues, making it an appropriate use under the Specific Plan. They also need to have all their offices together, and the proposed location is where the infrastructure and communication facilities exists. He advised that they were unaware of these issues, such as the fence, and will try to solve them. They're also willing to increase the size of the trees around the trailers to help minimize the impact. In response to Council Member Adolph, Mr. Lichliter advised that they're moving the trailers because the land was sold to Centex. Council Member Adolph stated that he felt it would have helped if KSL had See correction discussed this issue with the homeowners associations. He asked about the in Minutes of June 15, 1999) possibility of moving the trailers to the pad at the end of Madison Street. Mr. Lichliter advised that there's insufficient infrastructure there. They have looked at other alternatives, but some of the sites are inappropriate for the use, and timing is also an issue. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Sniff comr??ented on the mailing list for the hearing notices, and wasn't sure that the lists are totally accurate. He recognized KSL's need to relocate on a temporary basis, but temporary to him should not exceed a reasonable period of time, which he felt in this case, should not exceed two years. He noted that even Mr. Lichliter has agreed that there is a problem, and that they are trying to minimize the impact. He felt temporary" needs to be defined in a more restricted way, and that perhaps approval of this project should be for only two years. Instead of using temporary," he felt that in the future everything should have a specific timeframe. He suggested limiting this BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 18 June 1, 1999 approval to two years, with trees required of sufficient size to provide a significant cover for the buildings. He hoped the Council is never placed in this particular position again where so many people are upset. Council Member Adolph read the objectives of the Tourist Commercial designation from the Zoning Ordinance, and stated that he felt the ghetto of portable units are not totally compatible to surrounding properties. He was concerned that the City is allowing things to occur on a temporary basis in areas that are not compatible for them, and he had a problem with these buildings being relocated in an area that's going to interfere with the ambiance of the community. In response to Council Member Perkins, Mr. Herman advised that some of the temporary units have existed since 1985. As for hearing notices, he advised that the 500-foot designation for mailing notices is from the property line of the subject parcel. Council Member Perkins felt that when a homeowners association is involved, the hearing notices should be sent registered mail with return receipt. He didn't feel that the City has satisfied the noticing procedure, and didn't like the idea of moving more temporary buildings into an area that's been temporary for a number of years. Council Member Henderson felt there are concerns on both sides, and that the developer is trying to address them. However, this is a permitted use under the Specific Plan. She noted that the trailers have been used for multiple purposes by multiple entities, including the homeowners association. She supported looking at a two-year compromise, and agreed that the trees should be substantially larger, given the short period of time for growth. She noted that public notices have always been a problem, but felt it's because the mailing lists that are provided to the City are inadequate. In response to Council Member Henderson, Mr. Herman advised that the homeowners association address on file with the County Assessor's Office is either old or incomplete. The City is not allowed to change the property owners' addresses; the property owners have to contact the County Assessor's Office to change the address themselves. Mayor Pena felt that perhaps while the City meets the letter of the law," sometimes the spirit of the law" is not met, and suggested that sites be posted for public hearings as it's done in some other cities. In regard to the two appeal issues, he advised that, legally, the hearing notices were done correctly, and that the proposed use is a permitted use under the Specific Plan. He then BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 1 9 June 1, 1999 commented on the increase in attendance at the public hearings, and stated that he felt it's due to the increase in full-time residents who are beginning to notice their views more and things are having a greater effect on them. He noted that the City cannot enforce the CC&Rs, and according to what he understood, no one has ever filed a complaint about the trailers before. He advised that KSL is entitled to do what they've done, and he hoped the Council could help solve some of the issues raised by the appellant, such as screening, noting that the trailers will be somewhat lower, and that the temporary containers will be removed. He also commented on the lack of communication between the homeowners associations and KSL. Council Member Perkins suggested a continuance to allow the homeowners associations and the applicant to try to resolve some of these problems. Mayor Pena noted that the applicant has stated that time is of the essence. In response to Council Member Adolph and Mayor Pena, Mr. Herman advised that temporary/interim buildings are allowed under the Specific Plan, and it does not identify the use of interim buildings. Council Member Sniff reiterated that he felt the approval should be modified to two years, with trees of sufficient size to provide adequate screening. He also felt the issue of the mile-long fence should be addressed. In response to Council Member Henderson, Ms. Honeywell advised that the application is before the Council for final decision, and the Council may choose to uphold the Planning Commission decision, but revise any of the conditions of approval if desired, or it may uphold the appeal. Mayor Pena asked if the applicant would have the right to file an appeal if the current appeal is upheld, to which Ms. Honeywell responded no. Mr. Herman suggested the following changes to the conditions of approval, should the appeal be denied: 1) change Condition No.6 to read, Specimen trees, size defined with American standards for nursery stocks having a minimum 1 5-foot canopy in a 36-inch box or larger, shall be installed abutting the modular office complex as depicted on the site plan exhibit, subject to Community Development Department approval. All trees shall be double-staked to prevent damage from seasonal winds, and shrubs shall be five-gallon or larger;" and 2) change Condition No.18 to read, All existing interim modular units and units approved by this permit shall be removed by June 1, 2001." He noted that Condition No.1 should also be deleted. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 20 June 1, 1999 RESOLUTION NO.99-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING THE APPEAL REQUEST OF MR. ARTHUR E. BRANDT AND APPROVING SITE DEVELOPMENT PERMIT 99-651, PERMITTING THE RELOCATION OF EXISTING MODULAR OFFICE UNITS AND PLACEMENT OF NEW MODULAR UNITS ON A DEVELOPED FOUR-ACRE PROPERTY LOCATED AT 55-910 PGA BOULEVARD IN ACCORDANCE WITH THE REQUIREMENTS OF SPECIFIC PLAN 83-002 APPELLANT: MR. ARTHUR E. BRANDT; APPLICANT: KSL RECREATION CORPORATION). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 99-71 as amended. Council Member Adolph wished to see the trunk size and height of the trees specified, as well as the location of the trees. Mr Herman advised that the nursery standard and specimen of tree determines the trunk and box size to accomplish the 1 5-foot span, and that the locations are noted on the site plan. Mayor Pena asked about requiring a wall along the street. Council Member Sniff was somewhat concerned about requiring them to build a wall for a two-year approval. Council Member Adolph was concerned about the temporary buildings being screened from the street. Council Member Perkins advised that he would vote NO because of improper notification, even though it was done legally. He also didn?t like the interpretation of temporary, which he felt should not mean more than one year. Council Member Adolph advised that he would also vote NO because he felt it's not a proper place for a trailer park. Motion carried with Council Members Adolph and Perkins voting NO. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 21 June 1, 1999 2. APPEAL BY PGA WEST RESIDENTIAL H6MEOWNERS ASSOCIATION OF DEVELOPMENT PLANS APPROVED BY THE PLANNING COMMISSION FOR FOUR NEW PROTOTYPE HOUSES VARYING FROM 2,027 TO 2,809 SQUARE FEET IN SIZE AND LOCATED ON THE EAST SIDE OF TANGLEWOOD, BETWEEN ARNOLD PALMER AND FIRESTONE AND CANTERBURY AT RIVIERA IN PGA WEST. Council Member Adolph abstained due to a conflict of interest and left the dais. The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that this is an appeal submitted bV PGA West Residential Inc. of a Planning Commission decision regarding Site Development Permit 99-647 for four prototype units located on the east side of Tanglewood, between Arnold Palmer and Firestone in PGA West. The homeowners association HOA) has filed the appeal because they have not approved Century-Crowell's design. The Planning Commission recommended approval of the Site Development Permit on April 27, 1 999, subject to findings and conditions. Kelly McGalliard, 73-310 Desert Rose, Palm Desert, advised that they've been working with Kent Armstrong, of Century Homes, and Council Member Adolph on this, and are coming to a meeting of the minds as to what needs to be done to make the project acceptable and gain architectural approval. However, she didn't realize that there's not a coordination of effort between the City and the HOAs regarding architectural review of projects. It was her understanding, because of the position the City has always taken, that there was an agreement, written or otherwise, that the HOA would provide architectural approval prior to the City issuing a permit or granting approval to an applicant. What they are requesting is that the approval granted for Century Homes be based on architectural approval. She noted that since the HOA has the right to not allow development without their architectural approval, and that if the City approves the project and the HOA does not, that the applicant would be left with a useless approval. She didn't understand why the City does not require the HOA's approval prior to giving its own approval. Council Member Henderson noted that, legally, it's the City's standards that the City needs to be concerned with, and that the developer then has the responsibility of satisfying the HOA. Mayor Pena advised that if this is the basis for the appeal, then the appeal is not on point because the issue before the Council is whether or not the project is compatible. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 22 June 1, 1999 Ms. McGalliard advised that they were asked by the Planning Commission if they had architectural approval when they submitted their proposal for a new building. In response to Mayor Pena, Mr. Herman advised that the City does not enforce CC&Rs. However, people are urged to work with the HOAs. David Peters, 74-075 El Paseo Palm Desert, of Peters & Friedman, advised of two situations where applicants were told by the Planning Commission to go back to the HOA for approval. Council Member Henderson advised that the Planning Commission and City Council encourage the developers and HOAs to work problems out, and may sometimes continue a hearing for that purpose, but the City has never conditioned an approval based on that agreement. Mr. Peters stated that it's been their perception that the City has been there to protect the HOA and its residents, including getting the HOA and the developer together, and it was their understanding, that architectural approval was a requirement prior to City appr6val. He urged the Council to uphold the appeal, and to codify their past practices by requiring a meaningful meet and confer process, or by requiring HOA approval prior to City approval. He also asked that HOAs be given a copy of the project plans prior to the public hearings. Kent Armstrong, 1 535 South D Street, San Bernardino, of Century-Crowell Communities, advised that what the HOA is proposing would cause developers to have to spend thousands of dollars before they even get to the City for approval. Vicki Merchant, 79-768 Arnold Palmer, felt an inconsistency exists because as a homeowner, she was denied a building permit until she received approval from their HOA, and she felt the developers should have to do the same. Mayor Pena staff asked if the City requires homeowners to obtain HOA approval before issuing a building permit, to which Mr. Genovese, City Manager, advised that he wasn't aware of it, but would check into it. Council Member Perkins felt there might be some State requirements, but believed it's been more of a courtesy of the City than a requirement. Ms. Honeywell, City Attorney, advised that the State's only involvement is where there are common areas, and they need to make sure that the disclosures in the CC&Rs are being given to the people buying into the project. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 23 June 1, 1999 In response to Mayor Pena, Ms. Honeywell advised that the appellant's arguments seem to deal with Council's procedures and policies, rather than have anything to do with the actual item before the Council. She further advised that any consideration to change a policy or procedure would have to be agendized for a future meeting. Ms. McGalliard advised that in regard to the compatibility issue for Century Homes, the HOA is still waiting for compatibility on the elevations, pool, and landscaping and, therefore, they have not given their architectural approval. Mayor Pena noted that Mr. Chasey, who represented the HOA at the Planning Commission, stated that the project is compatible. Ms. McGalliard advised that it's moving in that direction, but architectural approval still has not been granted because of the incompatibility issues that still exist. Mr. Peters wished to clarify that the HOA is not asking the City to enforce the CC&Rs, but rather to follow past practices and give the HOA an opportunity to determine if the project is compatible. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Mayor Pena advised that he felt the reason for the appeal falls on its face, and that it should be denied. Council Member Henderson agreed, and felt that the HOA is well-protected, and in a position to make sure that what is built in their gated community is what they want. She believed the City should continue encouraging the developers and HOAs to work together, but the City needs to have a point where it can move on as well. Council Member Sniff felt the Council is being asked to uphold a process that has never legally existed, and he recommended that the appeal be denied. Council Member Perkins advised that based upon the appeal, he saw no reason to uphold it. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 24 June 1, 1999 RESOLUTION NO.99-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING THE APPEAL REQUEST OF PGA WEST RESIDENTIAL, INC., AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF SITE DEVELOPMENT PERMIT 99-647, FOR FOUR NEW PROTOTYPE HOUSES VARYING FROM 2,027 TO 2,809 SQUARE FEET IN SIZE, LOCATED ALONG TANGLEWOOD, BETWEEN ARNOLD PALMER AND FIRESTONE, IN PGA WEST APPELLANT: PGA WEST RESIDENTIAL, INC.; APPLICANT: CENTURY- CROWELL COMMUNITIES). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 99-72 as submitted. Motion carried with Council Member Adolph ABSENT. 3. GENERAL PLAN AMENDMENT 99-062 A REQUEST TO REMOVE 30 ACRES OF TOURIST COMMERCIAL USE AND REPLACE IT WITH GOLF COURSE AND LOW-DENSITY RESIDENTIAL USE, LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND AVENUE 48; SPECIFIC PLAN 84-004 AMENDMENT NO. 3 UPDATING THE DEVELOPMENT PLAN TO BE CONSISTENT WITH THE GENERAL PLAN REQUEST, LOCATED SOUTH OF AVENUE 48 NORTH OF AVENUE 50, WEST OF JEFFERSON STREET, AND EAST OF WASHINGTON STREET; AND CHANGE OF ZONE 99-090 TO REMOVE 30 ACRES OF TOURIST COMMERCIAL ZONE AND REPLACE IT WITH GOLF COURSE AND LOW-DENSITY RESIDENTIAL ZONE LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND AVENUE 48. APPLICANT: RANCHO LA QUINTAIT. D. DESERT DEVELOPMENT. The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, presented a brief staff report, and advised that Condition No. 1 should read, Upon City Council approval... In response to Council Member Adolph, Mr. Herman advised that the houses will be screened off from the electrical substation at the corner. In response to Council Member Perkins, Mr. Herman confirmed that the project will have a block wall. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 25 June 1, 1999 MOTION It was moved by Council Members Sniff/Adolph to conceptually approve General Plan Amendment 99-062 with final approval under Public Hearing No.5. Motion carried unanimously. MINUTE ORDER NO.99-70. RESOLUTION NO.99-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 84-004 AMENDMENT NO.3 FOR A MIXED-USE DEVELOPMENT CONSISTING OF A COMBINATION OF RESIDENTIAL, GOLF COURSE, AND TOURIST COMMERCIAL USES ON 718 ACRES, GENERALLY BOUNDED BY FOUR ARTERIAL STREETS, WASHINGTON STREET, JEFFERSON STREET, AVENUE 48, AND AVENUE 50 RANCHO LA QUINTAIT. D. DESERT DEVELOPMENT). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 99-73 as amended modified language on Condition No.1). Motion carried unanimously. MOTION It was moved by Council Members Sniff/Adolph to take up Ordinance No.332 by title and number only and to waive further reading. Motion carried unanimously. ORDINANCE NO.332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CHANGE OF ZONE 99-090 TO REMOVE A TOURIST COMMERCIAL ZONE AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND AVENUE 48 AND TO REPLACE IT WITH THE GOLF COURSE AND RESIDENTIAL ZONE RANCHO LA QUINTAIT. D. DESERT DEVELOPMENT). It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 332 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 26 June 1, 1999 4. GENERAL PLAN AMENDMENT 98-060, ZONE CHANGE 98-089, AND TENTATIVE TRACT MAP 29053 A REQUEST TO APPROVE A GENERAL PLAN AMENDMENT FROM COMMUNITY COMMERCIAL CC) TO LOW- DENSITY RESIDENTIAL LDR); ZONE CHANGE FROM COMMUNITY COMMERCIAL CC) TO LOW-DENSITY RESIDENTIAL RL); AND TENTATIVE TRACT MAP TO CREATE 103 SINGLE-FAMILY LOTS ON 33 NET ACRES NORTHWEST OF THE INTERSECTION OF JEFFERSON STREET AND AVENUE 50. APPLICANT: LUNDIN DEVELOPMENT COMPANY. The Mayor declared the PUBLIC HEARING OPEN. Ms. di lono, Planning Manager, advised that this is a request to change the General Plan Land Use and Zoning Map designations from Community Commercial to Low-Density Residential on a 33-acre parcel located northwest of Jefferson Street and Avenue 50. The tentative tract map will create 1 03 single-family lots. She advised that the Planning Commission has recommended approval, subject to findings and conditions, and that Condition No.1 should be changed to read, The Council approval for memorandum, noting that the conditions of approval for development applications exist and are available for review at City Hall, and shall be recorded against the property with Riverside County Recorder's Office.1' In response to Council Member Perkins, Ms. di lono advised that the project is required to have a decorative wall. Mike Smith, 78-760 Runaway Bay, Bermuda Dunes, of Warner Engineering and representing the applicant, advised that they are in agreement with the conditions of approval, and that the wall will be included in the landscape plans. In response to Mayor Pena, Mr. Smith advised that Lucky's is looking to get started as soon as they receive all the approvals. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. MOTION It was moved by Council Members Sniff/Henderson to conceptually approve General Plan Amendment 98-060 with final approval under Public Hearing No.5. Motion carried unanimously. MINUTE ORDER NO.99-71. MOTION It was moved by Council Members Sniff/Adolph to take up Ordinance No.333 by title and number only and to waive further reading. Motion carried unanimously. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 27 June 1, 1999 ORDINANCE NO.333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING CERTAIN PROPERTY FROM COMMUNITY COMMERCIAL TO LOW- DENSITY RESIDENTIAL NORTHWEST OF THE INTERSECTION OF JEFFERSON STREET AND AVENUE 50 CHANGE OF ZONE 98-089 LUNDIN DEVELOPMENT COMPANY). It was moved by Council Members Sniff/Henderson to introduce Ordinance No.333 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.99-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 29053 TO ALLOW 103 SINGLE-FAMILY LOTS ON 33 NET ACRES LUNDIN DEVELOPMENT COMPANY). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 99-74 as amended modified language on Condition No. 1). Motion carried unanimously. 5. ADOPTION OF COMPOSITE RESOLUTION FOR GENERAL PLAN AMENDMENTS NOTED IN PUBLIC HEARINGS NO.3 AND 4, BY ANNOUNCING FINDINGS, CONFIRMING ENVIRONMENTAL DETERMINATION, AND ADOPTING AN AMENDMENT TO THE LA QUINTA GENERAL PLAN FOR GPA 98-060 AND 99-062. The Mayor declared the PUBLIC HEARING OPEN. There were no changes to the staff report as submitted to the City Council by the Community Development Department and on file in the City Clerk's Department. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 28 June 1, 1999 RESOLUTION NO.99-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENTS TO MODIFY THE CIRCULATION AND LAND-USE ELEMENTS GPA 98-060 LUNDIN DEVELOPMENT COMPANY, GPA 98-062 T. D. DESERT DEVELOPMENT COMPANY.) It was moved by Council Members Sniff/Henderson to adopt Resolution No. 99-75 as submitted. Motion carried unanimously. 6. VILLAGE ON THE GREEN SPECIFIC PLAN 97-031 AMENDMENT NO.1 AND SITE DEVELOPMENT PERMIT 97-618 AMENDMENT NO.1, FOR APPROVAL OF BUILDING AND LANDSCAPING FOR A 26-ACRE, 86 SINGLE-FAMILY RESIDENTIAL LOT SUBDIVISION AND A TEN-ACRE, 118 SENIOR APARTMENTS WITH RECREATIONAL AMENITIES; THE APARTMENTS WILL BE AVAILABLE TO VERY-LOW, AND LOW-INCOME SENIORS, AND THE SINGLE-FAMILY HOUSING WILL BE AVAILABLE TO MODERATE-INCOME LEVEL PERSONS OR HOUSEHOLDS. APPLICANT: CATELLUS RESIDENTIAL GROUP/LA QUINTA REDEVELOPMENT AGENCY. The Mayor declared the PUBLIC HEARING OPEN. Ms. di lono, Planning Manager, advised that the proposed amendments include the addition of a neighborhood pool in the Village Park within the approved 26-acre, 86-unit residential subdivision. Landscaping, fencing, and a small restroom/shower building are also proposed in association with the pool, as well as entry gates at the two access points along Avenue 48. The Planning Commission has recommended approval, subject to findings and conditions. Council Member Adolph asked about the size of the pool, and why the gate activators at the vehicle entrances) are on the right side. John O?Brien, 5 Park Plaza, Suite 400, Irvine, of Catellus Residential Group, advised that the pool will be 25' X 50', and that the reason for putting the gate activators on the right is to avoid them being hit by vehicles, which has been their experience when they are placed on the left. Residents will be given remote controls. Council Member Adolph felt they should re-think the location of the gate activators, and was concerned about the stacking of vehicles at the entrance. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 29 June 1, 1999 Council Member Henderson asked if they've had complaints from residents in their other developments regarding the gate activators, to which Mr. O?Brien advised that, to his knowledge, they haven't. In response to Council Member Adolph, Mr. O'Brien advised that the restroom will be a unisex facility, and will have an operative window for venting. Council Member Henderson asked about the alternative fence options referred to in Condition No.5. Mr. O'Brien advised that PVC was discussed as an alternative material for fencing when the project was previously before the Council, and they're still in the process of reviewing that. The fencing consists of rear-yard fences that extend from the corner of the garage between each home on the interior lots. In response to Council Member Perkins, Mr. O'Brien advised that they believe the perimeter wall will be decorative once the cap is installed. He further advised that they will work with staff to create some variation with the wall, especially on the Avenue 48 frontage. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.99-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE INCLUSION OF A POOL FACILITY AND ENTRY GATES WITHIN THE SPECIFIC PLAN SPECIFIC PLAN 97-031 AMENDMENT NO. 1, CATELLUS RESIDENTIAL GROUP/LA QUINTA REDEVELOPMENT AGENCY). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 99-76 as submitted. Motion carried unanimously. RESOLUTION NO.99-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR A POOL FACILITY AND ENTRY GATES WITHIN A 26-ACRE SINGLE-FAMILY RESIDENTIAL SUBDIVISION SITE DEVELOPMENT PERMIT 97-618 AMENDMENT NO.1, CATELLUS RESIDENTIAL GROUP/LA QUINTA REDEVELOPMENT AGENCY). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 99-77 as submitted. Motion carried unanimously. BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02 >svZCity Council Minutes 30 June 1, 1999 7. PUBLIC MEETING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO.89-i, FISCAL YEAR 1999/2000. The Mayor declared the PUBLIC MEETING OPEN. Mr. Vogt, Public Works Director, advised that the assessments for Landscape & Lighting Assessment District No.89-i will remain the same as last year. There being no one else wishing to speak, the Mayor declared the PUBLIC MEETING CLOSED. There was no action taken. Council recessed to Closed Session as delineated on Page 1. Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. AUNDRA L. JU LA, City Clerk City of La Quinta, California BIB] 06-14-1999-U01 08:39:06AM-U01 ADMIN-U01 CCMIN-U02 06-U02 01-U02 1999-U02