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1991 07 16 CC Minutes\ LA QUINTA CITY COUNCIL MINUTES JULY 16, 1991 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 P.M., Mayor Pena presiding, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Franklin, Rushworth, Sniff & Mayor Pena ABSENT: None Council Member Sniff made the following comment: *?From time to time, in the course of our lives, we are confronted by misfortune which can literally try our souls. These situations do test us and cause us to reveal our true character, our very essence as a human being. Today, we have back with us once again, a friend and a colleague who has been through a most difficult and demanding situation of a serious and threatening nature! This gallant lady has been in our thoughts and our prayers each and every day. We, speaking for ourselves and additionally the people of the City of La Quinta, are very proud to salute you for your forthrightness, your grace, and your courage when faced with adversity. We have seen you at your best and we are impressed. You have set an example for us all. Kristy Welcome Home!' CONFIRMATION OF AGENDA Mr. Kiedrowski asked that Consent Calendar Item No. 3 be changed to Business Session Item No. 6, and that a letter from Coachella valley Softball Division requesting funds be added as Business Session Item No. 7 and that acquisition of property relating to the widening of Tampico be added to Closed Session. MOTION It was moved by Council Member Sniff/Franklin to amend the agenda as requested noting that the additional items came up after the agenda was posted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Presentation of Employee of the Month Award for June to John Risley, Accounting Supervisor. BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 2 July 16, 1991 BUSINESS SESSION CONSIDERATION OF AMENDMENT TO CHAPTER 3.24 OF THE MUNICIPAL CODE INCREASING THE TRANSIENT OCCUPANCY TAX FROM NINE PERCENT TO TEN PERCENT. MR. GENOVESE, Ass't. City Manager, addressed Council advising that during budget deliberations there was discussion regarding a possible increase in the Transient Occupancy Tax. In surveying the other cities in the Valley, it is felt that ten percent is an acceptable percentage noting that a majority of the Valley cities are going to this rate. This increase has been discussed with the La Quinta Hotel, a major producer of the TOT, and they have not had an adverse reaction. In response to Council Member Sniff, Mrs. Honeywell, City Attorney, advised that since the passage of Prop. 62 there has been a gray area as to whether an election is necessary for an increase of an already existing tax. Recently, there?s been cases that have been holding Prop. 62 unconstitutional in relation to the requirement of an election. The most recent is the City of Woodlake vs Logan, which was decided June 6, 1991 holding Prop. 62 as unconstitutional. Council Member Sniff advised that with taxes going up everywhere, this Council should take a moment to consider whether or not this is the proper time and whether this is a prudent thing to do in a time of economic downturn; would it put the City in a better position; would it help the La Quinta Hotel by not raising the tax? rn response to Council Member Franklin, Mr. Genovese advised that the neighboring cities referenced are Desert Hot Springs, Palm Springs, Indio and Indian Wells. Mayor Pena advised that he would tend to agree with Council Member Sniff, if this tax increase was going to affect the general population; but since it?s limited to the Hotel guests who utilize the City's services such as the fire and police, roads and streets, he supported the increase. MOTION It was moved by Council Members Bohnenberger/ Rushworth to take up Ordinance No. 191 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 191 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.24, SECTION 3.24.030 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX. BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 3 July 16, 1991 MOTION It was moved by Council Members Bohnenberger/Frankljn that Ordinance No. 191 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, & Mayor Pena NOES.. Council Member Sniff ABSENT: None ABSTAIN: None 2. CONSIDERATION OF APPOINTMENT OF A MEMBER TO THE PLANNING COMMISSION MOTION It was moved by Council Members Sniff/Franklin to appoint Donald Marrs to the Planning Commission for a three- year term expiring on June 30, 1994. Motion carried unanimously. MINUTE ORDER NO. 91-110. 3. CONSIDERATION OF APPOINTMENT OF A MEMBER TO THE COMMUNITY SERVICES COMMISSION. MOTION It was moved by Council Members Sniff/Franklin to appoint Lawrence Best to the Community Services Cominission for a three-year term expiring on June 30, 1994. Motion carried unanimously. MINUTE ORDER NO. 91-111. 4. APPROVAL OF RESOLUTION ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 1991-92 AND APPROVING A BUDGET FOR FISCAL YEAR 1991-92. Council Member Sniff stated that it's been a lengthy and productive process and Council appreciates the excellent work of City staff in preparing the budget. Mayor Pena suggested that the resolution be amended to add the fact that several public meetings were held in which public input was received. In response to Mayor Pena, Mr. Kiedrowski advised that Section 4 gives him the authority to adjust the funds within a department. RESOLUTION NO. 91-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 1991-92 AND APPROVING A BUDGET FOR FISCAL YEAR 1991-92. BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 4 July 16, 1991 MOTION It was moved by Council Members Sniff/Rushworth that Resolution No. 91-56 be approved as amended. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: None ABSTAIN: None 5. SECOND READING OF ORDINANCES. ORDINANCE NO. 190 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AMENDING CHAPTER 9.160 AND CHAPTER 9.90 OF THE MUNICIPAL CODE TO PERMIT MITIGATION PAYMENTS FOR PARKING SPACE DEFICIENCIES IN THE VILLAGE ZONING. MOTION It was moved by Council Members Sniff/Rushworth to adopt Ordinance No. 190 on second reading. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff & Mayor Pena NOES: None ABSENT: None ABSTAIN: None 6. ACCEPTANCE OF OFF-SITE IMPROVEMENTS FOR TRACT 24890 ThE r?CITRUS LANDMARK. L?ND O. MR. SPEER, Assistant City Engineer, addressed Council advising that the retention for the Avenue 52 monumentation of $10,000 was inadvertently not included and so staff's recommendation has been amended. MOTION It was moved by Council Members Sniff/Bohnenberger to accept the off-site improvements for Tract 24890 as recommended retaining the monumentation security. Motion carried unanimously. MINUTE ORDER NO. 91-112. 7. REQUEST FROM COACHELLA VALLEY SOFTBALL DIVISION LEAGUE REQUESTING FUNDS TO TRAVEL TO NEBRASKA TO COMPETE IN A CHAMPIONSHIP SOFTBALL TOURNAMENT REPRESENTING THE CITY OF LA QUINTA. MOTION It was moved by Council Members Bohnenberger/Sniff to appropriate $500 to the Coachella Valley Softball Division League for travel to Nebraska to compete in a championship BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 5 July 16, 1991 softball tournament. Council Member Rushworth stated that he would like to see if other Valley cities are making contributions. Council Member Bohnenberger amended his motion making it conditional on Laureina Avila participating in the tournament. Council Member Sniff stated that as the second to the motion he wished to see this matter continued until the 7:00 P.M. session when hopefully, a representative from the Association can be present. Council Member Sniff withdrew his second. MOTION It was moved by Council Members Sniff/Franklin to continue this matter until 7:00 P.M.. Motion carried unanimously. MINUTE ORDER NO. 91-113. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF JUNE 25, 1991. 2. APPROVAL OF DEMAND REGISTER. 3. ACTED ON AS BUSINESS ITEM NO. 6. 4. ACCEPTANCE OF PLANNING COMMISSION REPORT OF ACTION FOR PUBLIC USE PERMIT 91-009 FOR A CHURCH AND ASSOCIATED PARKING AREA ON A 4.21 ACRE SITE LOCATED ON THE NORTHEAST CORNER OF ADAMS STREET AND MILES AVENUE. APPLICANT: DESERT BAPTIST CHURCH. 5. ACCEPTANCE OF A SETTLEMENT AGREEMENT WITH PARC LA QUINTA. 6. FINAL ACCEPTANCE OF IMPROVEMENTS RELATED TO TRACT 215?5 PARC LA QUINTA. MOTION It was moved by Council Members Bohnenberger/Sniff to approve the Consent Calendar as amended. Motion carried unanimously. MINUTE ORDER NO. 91-114. STUDY SESSION ITEMS 1. SPECIFIC PLAN 87-011, AMENDMENT #1 AND VESTING TENTATIVE TRACT MAP 27031 TO ALLOW A MIXED USE DEVELOPMENT CONSISTING OF A MIX OF RETAIL, OFFICE, COMMERCIAL SERVICE, ENTERTAINMENT AND RESTAURANTS AND CREATION OF 47 LOTS ON 65.4 ACRES BOUNDED BY HIGHWAY 111; ADAMS; 47TH AVENUE; WASHINGTON; AND SIMON DR. AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. APPLICANT: BIRTCHER WASHINGTON SQUARE). Mr. Herman presented the Council with a list of approvedl BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 6 July 16, 1991 proposed traffic signals on Washington Street from Fred Waring to Avenue 52, in addition to an amendment to a condition received from the applicant regarding access to Washington Street. The ssues the Council wished to address were: 1) the vesting of the map; and 2) the 47 lots versus something less. The applicant has submitted an 8 lot and a 28 lot configuration for Council's review. Council reviewed and discussed the lot layout plans and traffic circulation. Mr. Redman stated that of the two revised maps, they would prefer the 28 lot configuration, as it would give them more flexibility in terms of reacting more quickly on user requirements; however, he stated that they could work with the 8 lot configuration. He added that the original Specific Plan has been rejected by virtually every retailer they've approached. 2. SPECIFIC PLAN 90-020, PARCEL MAP 26471, TENTATIVE TRACT 26471, TENTATIVE TRACT 26472 AND ENVIRONMENTAL ASSESSMENT 90-183 TO ALLOW 925 RESIDENTIAL UNITS IN 7 MASTER-PLANNED VILLAGES ON 271 ACRES LOCATED ON THE WEST SIDE OF MADISON STREET BETWEEN 52ND & 53RD AVENUE AND AT THE SOUTHEAST CORNER OF MADISON STREET AND 52ND AVENUE AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. APPLICANT: STUART ENTERPRISES, LTD. Mr. Herman advised that the Planning Commission modified some conditions, such as height of buildings from 24' single story and 30? two-story to 18' single story and 24' two-story. They also deleted the maintenance/storage area; provided an access to Green Valley Ranches; and made the residential lots a minimum of 10?00O sq. ft. The Applicant has a concern about the requirement for off-site improvements; signal at Jefferson and Avenue 52 and for reimbursements for improvements along Jefferson. He added that they intend to use a Mello-Roos to build the streets. In response to why the maintenance/storage area was deleted, Mr. Herman advised that the Planning Commission felt that there is the possibility there could be seven different landscaping companies and it wouldn't work to have them all sharing one facility. Mr. Speer, Assistant City Engineer, advised that staff is recommending that the Developer be asked to put in 3/4 of Madison St. and Avenue 52 including a raised median and a travel lane on the north side. This requirement is consistent with conditions on PGA West; and Spanos Project on Washington. They are also asking for participation in the cost of the improvements on Jefferson St. BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 7 July 16, 1991 CRAIG BRYANT, representing the applicant, reviewed their proposed lot size distribution and explained the mechanics of a Mello-Roos District. He then explained why they believe they should not be required to pay for improvements at the corner of Jefferson and Ave. 52 noting that corner properties are worth more money, partly because they traditionally are required to put in more improvements. Therefore, he felt that the property owner on the corner should have total responsibility instead of Stuart. REPORTS AND INFORMATIONAL ITEMS a. Planning Coflunission Minutes of June 25, 1991. b. Community Services Commission Minutes of June 24, iggi c. Environmental Conservation Committee Minutes of June 26, i??i d. CVAG Committee Reports DEPARTMENT REPORTS a. City Manager b. Assistant City Manager C. City Attorney d. Administrative Services Director e. Building and Safety Director f. Planning and Development Director g. Public Works Director COUNCIL COMMENT PUBLIC COMMENT TYME TEGION, President of the Green valley Ranches Homeowners Association. Mr. Tegion advised that the height limits in Green valley Ranches is 22 feet in the first phase and 18 feet in the phase that will abut Avenue 52. He also advised that the Mello Roos District provides bonding, which provides the developer funding to do their improvements and if the Developer fails in his payments, at some point, the credit rating of the City could be affected. JOHN MCGINTY, Green valley Ranches, felt that the City?s intent was to have wide-open-space areas in this area of the City. He felt that this project will set a precedent for this area, which is totally reversed from what he believed the City has been doing in their Master Plan. BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 8 July 16, 1991 CLOSED SESSION a. Discussion of potential pending litigation pursuant to Government Code Section 54956.9(a) Concerns Regarding Environmental Review of New Palm Springs Redevelopment Agency Project Area. b. Discussion of on-going litigation pursuant to Government Code Section 54956.9 a) City of Indlo Indio Case No. 62944 Fredericks FA CV91-3l7AHS C. Discussion of personnel pursuant to Government Code Section 54957. d. Discussion of negotiations pursuant to Government Code Section 54956.8. Desert Villa Senior Housing Project. La Quinta Arts Foundation Lease Agreement. e. Discussion of potential acquisition of commercial property on Highway 111 pursuant to Government Code Section 54956.8. Property on Tampico related to widening. RECESSED UNTIL 7:00 P.M. PRESENTATION OF LA QUINTA BEAUTIFUL AWARDS FOR JUNE MOST BEAUTIFUL: Larry Shields, 52-740 Ave. Alvarado MOST IMPROVED: Mr. & Mrs. William Cockrell, 53-280 Ave. Martinez BUSINESS ITEM NO. 7.............................continued. 7. REQUEST FROM COACHELLA VALLEY SOFTBALL DIVISION LEAGUE REQUESTING FUNDS TO TRAVEL TO NEBRASKA TO COMPETE IN A CHAMPIONSHIP SOFTBALL TOURNAMENT REPRESENTING THE CITY OF LA QUINTA. In response to Mayor Pena, Mr. Garcia advised that 15 girls from the Coachella Valley will be attending the tournament with one from La Quinta, Laureina Avila. MOTION It was moved by Council Members Bohnenberger/Franklin to appropriate $500 to the Coachella valley Softball Division League to participate in a Championship Softball Tournament. Motion carried unanimously. MINUTE ORDER NO. 91-115. PUBLIC HEARINGS 4. APPLICATIONS BY LANDMARK LAND CO. RELATIVE TO 327 ACRES BORDERED BY 50TH AVENUE ON THE NORTH, 52ND AVENUE ON THE SOUTH, THE ALL AMERICAN CANAL ON THE EAST AND JEFFERSON STREET TO THE WEST AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT: BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 9 July 16, 1991 a. GENERAL PLAN AMENDMENT 90-031 FRON LOW DENSITY RESIDENTIAL TO GENERAL COMMERCIAL ON 21 ACRES AND FROM SPECIAL COMMERCIAL TO LOW DENSITY RESIDENTIAL ON 15 ACRES. b. CHANGE OF ZONE 90-056 FROM R-l, A-i-b AND C-P-S TO R-2 AND C-P-S. C. SPECIFIC PLAN 90-016 FOR A PROPOSED RESIDENTIAL AND GOLF COURSE COMMUNITY INCORPORATING A COMMERCIAL SITE WITH APPROXIMATELY 320,000 SQUARE FEET OF COMMERCIAL SPACE. MOTION It was moved by Council Members Bohnenberger/ Rushworth to continue the Applications by Landmark Land Co. until September 3, 1991. Motion carried unanimously. MINUTE ORDER NO. 91-116. 1. CONTINUED PUBLIC HEARING ON PLOT PLAN 91-457 APPEAL OF PLANNING COMMISSION DENIAL TO ALLOW CONSTRUCTION AND OPERATION OF A 10,000 SQ. FT. DANCE NIGHTCLUB AND FUTURE BUILDING IN C- P-S SCENIC HIGHWAY COMMERCIAL) ZONE ON A 4.5 ACRE SITE LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET EXTENDED). APPLICANT: J. PAUL SMITH. Mr. Herman briefly reviewed staff's report which is on file in the City Clerk's office. PAUL SMITH, 44-800 Santa Ynez, Palm Desert, addressed Council requesting time to speak at the end of the Public Hearing. Council concurred. PUBLIC HEARING OPEN The following individuals spoke in favor of the project: MARK SKOCHIL, 78-595 Bottlebrush, RUSSELL LUCE, 52-770 Avenida Navarro BRAD LANG DALE, 55-427 winqfoot West GEORGE SANCHEZ, 52-445 Avenida Velasco The following individual spoke opposing the project: CHRIS CLARK, Owner of 130 acres between Adams & Dune Palms, advised that she served on the City's General Plan Committee in 1984 in which it was recommended that development along Highway Ill be done in a rational and orderly manner not like what has transpired in other Valley cities. At that time, development was limited to a minimum of 25-acre sites. She felt this project looks good, but it needs to be a part of a larger development and not stand alone. PUBLIC HEARING CLOSED BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 10 July 16, 1991 Mr. Smith addressed Council stating that he would like to comment on the conditions of approval and noted that the City has received a show of support in the form of a petition containing over 500 signatures. He advised that he is not a large land-owner and therefore, has no flexibility in the manner described by Ms. Clark. He then addressed the conditions and made various recommended modifications. In response to Council Member Franklin, Mr. Smith advised that the maximum capacity will be 625 675. The break-even point nightly will have to be about 200 on an average. It has been proposed that the restaurant they plan to bring will not operate with late-evening entertainment and therefore, there will be only a short overlap in time of operation regarding the availability of parking. The option on the property will expire at the end of August. The Health Department requirements for serving catered food has not been researched. The curb-to-curb service would be available if a person were intoxicated, which would be up to the discretion of the manager or Deputy Sheriff. He added that food service will be available all evening. In further response to Council Member Bohnenberger, Mr. Smith displayed a drawing of the nightclub and explained the elevation on the Highway 111 side. Council Member Franklin stated that she would like to see the future pad planted in a wildflower mix and requested a copy of an operating budget. In response to Council Member Franklin, Mr. Smith advised that the nightclub will be approximately 1,000 feet from the nearest Lake La Quinta resident. The nightclub will offer different types of entertainment to different age groups. He then reviewed the safety program. Council Member Franklin felt that Condition No. 6 is unreasonable and that it should be deleted. Mayor Pena suggested a condition stating that the landscaping and public improvements be installed first. In reference to Condition No. 20 he asked that careful access be planned so that this project can be blended into future development and not always appear to be sitting alone. Mayor Pena referred to Condition No. 21 expressing concern that trash enclosures not be visible. Council Member Sniff suggested that trash enclosures shall not be visually intrusive" be added to Condition No. 21. In response to Mayor Pena, Mrs. Honeywell advised that Condition No. 26 could be broadened to assure public safety. Council Member Sniff suggested adding and/or appropriate City approved Agency". BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 11 July 16, 1991 In response to Mayor Pena, Mr. Smith advised that he has not operated a club such as this, but has worked in several clubs such as this one as a manager. Council Member Sniff advised that he is in general support of the project and the modifications and conditions. Council Member Rushworth advised that he believes the project is a little premature. He would prefer to see as part of a larger development. In response to Council Member Rushworth, Mr. Smith advised that the nightclub will not be operational until September, 1992 and when Indian Wells chose to remove all commercial development on both sides of Highway 111, that immediately put pressure on La Quinta to be the next major corridor for commercial development. He felt that it's very evident that it will not be sitting in the middle of nowhere?'. It is in the path of substantial developments. In response to Council Member Bohnenberger, Mr. Smith advised that the backers of this project are prepared to carry the project until it is successful. Mr. Smith commented that the fact that this nightclub will be the first building on Highway 111 will give it more exposure. There is no competition for businesses such as this nightclub in the Valley. Council Member Bohnenberger voiced some of Council Member Rushworth's concerns, in that this may not be the proper place or time for this project. Council Member Sniff advised that this business will be people dependent, not dependent on buildings around it and if it's a well-run business, it will be successful. Mayor Pena expressed a concern about the landscaping being maintained in perpetuity. In response to Mayor Pena, Mr. Herman suggested the following modifications to the conditions: Condition No. 4 Eliminate at no cost to the patron?'. Condition No. 8 Eliminated Condition No. 10 Add installation of perimeter landscaping first and require wildflowers to be planted on undeveloped pad. Condition No. 20 Require maintenance of the landscaping and post bonds to assure maintenance. Condition No. 21 Add trash enclosures shall not be visually intrusive?'. Condition No. 24 Eliminated Condition No. 25 Add unless otherwise approved by City Council". BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 12 July 16, 1991 Condition No. 26 Add and/or appropriate City approved Agency" Condition No. 40 Add Applicant/Owner shall be responsible for the maintenance of the perimeter". Condition No. 48A Delete and Highway lii Specific Plan". In response to Mayor Pena, Mrs. Honeywell advised that normally a Conditional Use Permit remains in force as long as the use is not changed. If Mr. Smith should sell and a new owner wanted to do something slightly different they would have to come back in and get a revision. In response to Mayor Pena, Mr. Smith advised that he agrees to the additions/deletions/changes to the conditions. MOTION It was moved by Council Members Sniff/Franklin that the Council uphold the appeal of Mr. J. Paul Smith and approve Plot Plan 91-457 and the negative declaration of environmental impact to allow the construction of a 10,000 sq. ft. nightclub and future building, subject to the modified conditions. otion carried with Council Members Bohnenberger and Rushworth voting NO. MINUTE ORDER NO. 91-117. 2. CONTINUED PUBLIC HEARING ON SPECIFIC PLAN 87-011, AMENDMENT #1 AND VESTING TENTATIVE TRACT MAP 27031 TO ALLOW A MIXED USE DEVELOPMENT CONSISTING OF A MIX OF RETAIL, OFFICE, COMMERCIAL SERVICE, ENTERTAINMENT AND RESTAURANTS AND CREATION OF 47 LOTS ON 65.4 ACRES BOUNDED BY HIGHWAY 111; ADAMS; 47TH AVENUE; WASHINGTON; AND SIMON DR. AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. APPLICANT: BIRTCHER WASHINGTON SQUARE). Mr. Herman presented staff report and advised that he is available for questions. LEE REDMAN, representing the applicant, addressed Council advising that they are requesting approval of an amendment to their Specific Plan for an eight lot vesting Tentative Map. He reviewed a revision of the internal circulation plan which is part of the Specific Plan as figure 5-1, which shows the various points of ingress and egress and major entry points. Two major entry points have been noted on Avenue 47. A revision is requested to Condition 11 relative to the Washington Street signal with some alternative language, that deals with certain findings needed for the signalized intersection to be allowed. These findings are to reduce traffic along critical movements at Washington Street intersections at Highway 111 or Avenue 47 or to facilitate Sunline moving their bus transfer from their Washington/Highway 111 intersection or to secure an anchor tenant within the project site who desires access to Washington. These findings would also be subject to making a finding that adequate stacking distances are available for vehicles waiting to make left turns from Washington Onto BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \ City Council Minutes 13 July 16, 1991 Highway 111, Lot E and Avenue 47. This would require coming back and providing the Council with adequate information to determine that it is desirable far that signal to be there. In response to Council Member Bohnenberger, Mr. Herman advised that Condition No. 11 would have to be modified to identify other major accesses on Avenue 47 and will have to ask the appucant to give us the new revised figure. Council Member Bohnenberger commented On the rewording of Condition No. 11 as submitted by the applicant. The three conditions mean that the signal light would be installed on day one; whereas, it was Council?s intent that the light would not be phased in until the traffic counts along Washington Street warrants it, in order to maintain acceptable ingress and egress from the shopping center. The way it is currently written, from day one they?re either going to get an anchor tenant that says they have to have the light, or Sunline will come in and say they have to have it in order to relocate their transfer station. Mayor Pena advised that Sunline submitted a letter to this effect. Mr. Redman advised that the purpose of this was to give Council the discretion to make the decision at that time. He suggested that the final paragraph relating to the stacking distance, be modified to say that the signal warrant on traffic leaving the site at Lot E is warranted. Mayor Pena advised that Sunline could be routed down Adams Street and over to Avenue 47. Discussion regarding Sunline routing was discussed with Mr. Redman stating that in his discussions with them, it is the intent to have the buses go of f Highway 111 and down Simon Drive and back onto Washington. In response to Council, Mr. Speer advised that things to be considered in the wording of Condition No. 11 should be the provision of another signal if the level of service drops to level E at the intersection of Highway 111 and Washington. BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 14 July 16, 1991 Mr. Kiedrowski stated that staff wishes to have the Condition left as is which states that they will have to come back to Council. In response to Council Member Franklin, Mr. Herman advised that the infrastructure Could be required to be installed before the lots are sold an a phase basis. Mr. Redman advised that as it reads, the infrastructure is required to go in the full length of Highway ill at the time either Lot 1,2 or 7 are developed. Mr. Redman advised that the existing language would work in Condition No. 11 as long as there's language in it that relates to warrants. Mr. Speer advised that the assumption is that once the opening is permitted, it will most likely meet warrants immediately. If there is a future approval, at that time a Condition can be made that the Developer will pay for the signal if it meets warrants. Mr. Kiedrowski added that if it?s right-in, right- out, it will never meet warrants, which is why the Engineer said to tie it to something at the intersection of Highway ill and Washington, because then maybe it could be a relief for Highway 111 and Washington regarding level of service. Mr. Redman concluded on leaving the wording as is. PUBLIC HEARING OPEN PUBLIC HEARING CLOSED RESOLUTION NO. 91-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA GRANTING APPROVAL OF SPECIFIC PLAN 87-011, AMENDMENT #1 AND CONCURRENCE WITH ENVIRONMENTAL ASSESSMENT 91 207. It was moved by Council Members Sniff/Bohnenberger to adopt Resolution No. 91-57 as amended as an 8-Lot Tract and including the Avenue 47 major circulation element. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth, Sniff & Mayor Pena. NOES: None ABSENT: None ABSTAIN: None BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 15 July 16, 1991 RESOLUTION NO. 91-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ANNOUNCING FINDINGS, CONFIRMING THE ENVIRONMEWmL ANALYSIS AND GRANTING APPROVAL OF VESTING TENTATIVE TRACT MA.?P 27031 TO ALLOW A MIXED USE COMMERCIAL PROJECT ON +65.4 ACRES It was moved by Council Members Sniff/Franklin to adopt Resolution No. 91-58 as amended as an 8-Lot Tract. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth., Sniff & Mayor Pena NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 91-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA AMENDING RESOLUTION 86-4 RELATIVE TO VESTING TRACT MAPS. It was moved by Council Member Bohnenberger/Sniff to adopt Resolution No. 91-59. Motion carried by the following vote: AYES: Council Members Bohnenberger, Franklin, Rushworth? Sniff & Mayor Pena NOES: None ABSENT: None ABSTAIN: None 3. SPECIFIC PLAN 90-020, PARCEL MAP 26471, TENTATIVE TRACT 26472? TENTATIVE TRACT 26473 AND ENVIRONMENTAL ASSESSMENT 90-183 ALLOW 925 RESIDENTIAL UNITS IN 7 MASTER PLANNED VILLAGES ON 271 ACRES LOCATED ON THE WEST SIDE OF MADISON STREET BETWEEN 52ND & 53RD AVENUES AND AT THE SOUTHEAST CORNER OF MADISON STREET AND 52ND AVENUE AND CONFIRMATION OF ENVIRONMENTAL ASSESSMENT. APPLICANT: STUART ENTERPRISES, LTD. Mr. Herman presented staff report indicating that this application was reviewed in Study Session. It is a request for a Specific Plan to create 925 residential units. The Planning Commission has reviewed and recommended approval of subject to conditions. CRAIG BRYANT, Winchester Asset Management, addressed the Council advising that the zoning on Green Valley Ranches allows for a maximum height of 35'; however, through their C.C.& R's, they have chosen to further limit the heights. BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City COuncil Minutes 16 July 16, 1991 In response to Council Member Franklin, Mr. Bryant advised that homes in a Mello-Roos tract are generally discounted a proportionate amount. He added that the sales contracts will state clearly that the project is in a Mello-Roos project. Mr. Bryant then explained the mechanics of processing a Mello- Roos District. Mr. Kiedrowski noted that the application is processed at the Developer's expense with half of the processing fee paid up- front, which is $40,000 and it will cost an additional $40, 000-$60, 000. Mr. Bryant proceeded to describe the layout of each village. Council discussed the density and row-housing look along Avenue 52 with Mr. Bryant stating that he can realign the lot layout. Mr. Bryant advised that he presented the Council with a memo regarding improvements to Avenue 52; Madison; and Avenue 53. He didn't believe that there's another project in the City that has the amount of lineal f.. t in streets that this project has. He had no problem with putting in 3/4 of a street as far as the width of the street is concerned. But, they would like to share in only 50% of the cost and the way this can be accomplished iS to let the developer that develops the other side put in the median. Mr. Speer, Assistant City Engineer, advised that that kind of condition is consistent with what has been required of other developments in the City. Mr. Bryant then addressed some concerns regarding specific conditions and asked for approval to install an up to a 6' high block wall" around the retention basins which will be used as parks. He advised that the Fire Marshal has stated that they can have a maximum of two entrances into each village one of which would be public and one would be emergency. Therefore, he asked that the word minimum" be struck on Condition 9 of the Specific plan. He then addressed the matter of the flat-tailed horned lizard" and asked that the word potential be replaced with threatened or endangered". Mr. Bryant advised that all of their studies have shown that homeowners prefer a City-sponsored landscaping and lighting district to a master homeowners association. Any homeowner that moves into this project will know up-front that there is a Lighting and Landscaping District. PUBLIC HEARING OPEN BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \City Council Minutes 17 July 16, 1991 SHIRLEY MCGINTY, Green Valley Ranches, opposed the project as they bought in Green Valley with the understanding that the area would always be low density and rural. This project will change the entire character of that area. JOHN MCGINTY, Green Valley Ranches, opposed the project based on the density of the project and height of the homes. TYME TEGION, 50-375 Vista Montana, expressed concern that there will be seven different builders and that they will build boxes". Regarding the median, he felt that it's an integral part of the City and to not continue it would be a grave injustice. Regarding the Mello-Roos, he advised that in he City of Fairfield, they had to use City funds for the Mello-Roos, he believed to save the City's credit rating. TIM SNOW, Winchester Asset Management, spoke on the Community Facilities District as it's being formed through the Mello- Roos Act. He advised that repayment of the bonds is on the property owner the City is not a party to the guarantee of the bond. In the event of non-payment, the credit worthiness of the developer would be looked at first. Craig Bryant advised that the City's Design Review Board will be reviewing the homes for architectural compliance and the views will not be obscured. PUBLIC HEARING CLOSED COUNCIL DISCUSSION Mayor Pena felt that there are significant issues that need to be addressed, such as lot sizes; what the City envisions in that area; and the Mello-Roos. This is one of the largest projects to come before the Council in some time and felt that it deserves more time spent on it. He felt that when this area was annexed, a commitment was made that there was a specific idea as to what the City wanted in that area and felt that any City approval needs to be in keeping with that intent. Council Member Bohnenberger was comfortable with the development. Council Member Rushworth felt that it needs to be carried over, especially in light of fact that one of the Villages is already being re-designed. He would also like more details regarding the Landscape and Lighting District. Council Members Franklin and Sniff concurred. Council Member Sniff suggested a joint meeting with the Planning Commission early in September to discuss the area in BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02 \ City Council Minutes 18 July 16, 1991 question generally and this particular project in specific. OTION It was moved by Council Members Sniff/Franklin to continue the Specific Plan 90-020 until September 17, 1991. Motion carried with Council Member Bohnenberger voting NO. MINUTE ORDER NO. 91-118. PUBLIC COMMENT None COUNCIL COMMENT None There being no further business, the meeting was adjourned. I Re??ec tfully submit AUNDRA L. JUH?LA, ty Clerk City of La Quinta, California BIB] 02-09-96-U01 08:48:56AM-U01 CCMIN-U02 07-U02 16-U02 1991-U02