2001 04 24 PC Minutes MINUTES
PLANNING COMMISSION MEETING
A regular meeting held' at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
April 24, 2001 ' 7:00 P.M.
I. CALL TO ORDER
A. This meeting of the Planning Commission was called to order at 7:00
p.m. by Chairman Robbins who asked Commissioner Abels to lead the
flag salute.
B.Present: Commissioners Jacques Abels, Richard Butler, Tom Kirk, Robert
Tyler, and Chairman Steve Robbins.
C. Staff present: Community Development Director Jerry Herman, Assistant
City Attorney John Ramirez, Planning Manager Christine di Iorio, Senior
Engineer Steve Speer, Principal Planners Stan Sawa and Fred Baker, and
Executive Secretary Betty Sawyer.
II. PUBLIC COMMENT: None
III. CONFIRMATION OF THE AGENDA:
A. It was moved and seconded by Commissioners Butler/Kirk to reorganize
the Agenda by taking Business Item "A" before the Public Hearings.
Unanimously approved.
IV. cONSENT ITEMS:
............ A~ ~'hairm'a-n'-~3bbi-n-~ a~s'k~d if'-t'herewere any c0rrecti°n~ tO-the-Minu~es
April 10, 2001. Commissioner Tyler asked that Page 2, Item //2 be
corrected to read, "...turf was being requested by staff." and "...that had
not been resolved."; Page 3, Item//3 correct the word "enter" and change
"fifth" to "eleventh"; Page 6, Item//13 changed to read, "Quarry Road";
Page 7, Item//19 correct the spelling of "Corp" to "Corps"; and Page 20,
Item //42 delete as follows, "....approving the road be reopening...".
Chairman Robbins asked that Page 2, Item //3 be corrected to read,
"...appeared to be lower than..."; and Page 21, Item //48 "Mr. Bob
Mainiero asked if the...". There being no further corrections, it was
moved and seconded by Commissioners Abels/Butler to approve the
minutes as corrected. Unanimously approved.
B. Department Report: None.
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V. PRESENTATIONS: None.
VI. BUSINESS ITEMS:
A. Master Design Guidelines 2001-014; a request of James C. Belknap
Construction for review of development standards for the Cove
Residential area throughout the Cove.
1. Chairman Robbins asked for the staff 'report. Planning Manager
Christine di Iorio presented the information contained in the staff
report, a copy of which is on file in the Community Development
Department.
2. Chairman Robbins asked if there were any questions of staff.
3. There being no questions of staff nor any other discussion, it was
moved and seconded by Commissioners Kirk/Abels to adopt
Minute Motion 2001-009 approving Master Design Guidelines
2001-014, as recommended. Unanimously approved
VII. PUBLIC HEARINGS:
A. Site Development Permit .?001-697; a request of RGC Courthomes, Inc.,
for review of architectural plans for two new prototype residential units
located at the northeast corner of Camino Quintana and Calle Mazatlan.
1. Chairman Robbins opened the public hearing and asked for the
staff report. Planning Manager Christine di Iorio presented the
information contained in the staff report, a copy of which is on file
in the Community Development Department.
2. Chairman Robbins asked if there were any questions of staff.
Commissioner Kirk asked for clarification as to whether or not the
units were detached. Staff clarified they are attached.
3. There being no further questions of staff, Chairman Robbins asked
if the applicant would like to address the Commission. Mr. Hal
Lynch stated he was available for any questions.
4. Commissioner Kirk asked if there was any challenge to the small
courtyard. Mr. Lynch explained that since there is no open space
the plans were turned inward.
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5. Commissioner Butler asked if the HOA had approved the plans for
compatibility. Mr. Lynch stated they were present and it is his
understanding they have approved the plans.
6. Commissioner Tyler asked if this was the final buildout of Santa
Rosa Cove. Mr. Lynch stated to his knowledge there were no
other lots.
7. There being no one else wishing to speak, Chairman Robbins
closed the public participation portion of the hearing.
8. There being no further discussion, it was moved and seconded by
Commissioners Butler/Kirk to adopt Planning Commission
Resolution 2001-049 approving Site Development Permit 2001-
697, as recommended.
ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and
Chairman Robbins. NOES: None. ABSENT: None.'
ABSTAIN: None.
B. Site Development Permit 2001-698; a request of Jerry Walker for review
of development plans for a Del Taco restaurant located at the northwest
corner of Washington Street and Highway 111, within Point Happy
Commercial Center
1. Chairman Robbins opened the public hearing and asked for the
staff report, principal Planner Fred Baker presented the
information contained in the staff report, a copy of which is on file
in the Community Development Department.
2. Chairman Robbins asked if there were any questions of staff.
Commissioner Abels asked if this was across from the bank that
was located on the east side of Washington Street. Staff clarified
it was and they would be taking access at the new entry off
Washington Street. Commissioner Abels asked the location of the
bus stop. Staff identified the location.
3. Commissioner Kirk asked staff to identify the location of the metal
trellis recommended by the Architecture and Landscaping Review
Committee. Staff noted the location on the south elevation.
4. Chairman Robbins asked if the applicant would like to address the
Commission. Mr. Jerry Walker, representing Del Taco, stated he
concurs with staff's recommendation and was available for any
questions.
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5, Chairman Robbins asked staff to clarify if there is now proposed,
or when the bike path is constructed, will there be a wall between
this project and the bike path. Staff stated there was no wall.
6. Commissioner Tyler asked if there was any'perimeter wall. Staff
stated there would be a retaining wall and showed the location on
the elevations.
7. Commissioner Kirk stated he approved of the circulation pattern,
but found it difficult to review this project in relation to the entire
site. Does staff have any concerns. Staff stated it was in
agreement with the Specific Plan circulation pattern.
8. There being no further public comment, Chairman Robbins closed
the public particip, ation portion of the hearing and asked if there
was any Commission discussion.
9. There being no further discussion, it was moved and seconded by
Commissioner Ables/Butler to adopt Planning Commission -
Resolution 2001-050 recommending approval of Site Development
Permit 2001-698, as submitted.
ROLL CALL: AYES: Commissioners Abels,-Butler, Kirk, Tyler, and
Chairman Robbins. NOES: None. ABSENT: None.
ABSTAIN: None.
C. Tentative Tract Map 29053. Fxtension //1; a request of Lundin
Development Company for a one year extension of time for a tentative
tract map which creates 103 single family lots on 33 acres.
1. Chairman Robbins opened'the public ' hearing and asked for the
staff report. Principal Planner Stan Sawa presented the
information contained in the staff report, a copy of which is on file
in the Community Development Department.
2. Chairman Robbins asked if there were any questions of staff.
Commissioner Kirk asked if any of the conditions had changed.
Staff stated only Slight modifications.
3. Commissioner Tyler asked staff to confirm that 'no changes had
been made to the tract map. Staff stated that was correct.
4. Chairman Robbins asked if the applicant would like to address the
Commission. Mr. Mike Smith, Warner Engineering representing
the applicant, stated they had questions concerning Conditions
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April 24, 2001
· .
#7.B. and #46.B.3 as the radius of the culs-de-sac should be 38.5
and 38 feet respectively. Senior Engineer Steve Speer concurred.
Mr. Smith stated they would also like to close the entry to the
north end of the commercial site that leads to the tract of homes
from Jefferson Street. It was a concern since the residential
homeowners' association would be responsible to maintain the
access and landscaping. Staff stated they were recommending
against it because it created a long dead-end driveway in the
cente~. Senior Engineer Steve Speer stated staff has tried to keep
from forcing all traffic onto the Arterial street. If some of the
residential traffic can have direct access to the commercial site, it
would be better.
5. Commissioner Tyler asked if this site would be allowed a left turn
onto Jefferson Street. Staff stated this was a right turn in and out
.and a left turn in movement only.
6. Commissioner Kirk stated he concurs with staff regarding not
closing the entry at the north end and asked if the developer could
work with staff to resolve this' issue. Mr. Smith stated they would
take it under consideration. "
7. Chairman Robbins asked if there was any other public comment.
8. There being no further public Comment, Chairman Robbins closed
the public participation portion of the hearing and asked if there
was any Commission discussion.
9. Commissioner Kirk stated he sees no major issues and would
support the original-conditions.
10. Commissioner Butler stated he still questions the access from the
residential to the commercial. Mr. Smith stated the residential
gate would be back far enough that those entering the commercial
would not be able to enter the residential.
11. There being no further discussion, it was moved and seconded by
Commissioner Kirk/Abels to adopt Planning Commission Resolution
2001-051 recommending approval of Tentative Tract Map 29053,
Extension #1, as recommended by staff with modifications to
Conditions #7.B and 46.B.3. as discussed.
ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and
Chairman Robbins. NOES' None. ABSENT: None.
ABSTAIN: None.
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April 24, 2001
D. Site Development Permit 2001-696; a request of Lundin Development
Company, for review of development plans for a 74,080 square foot
commercial building located at northwest of the intersection of Jefferson
Street and 50th Avenue in Rancho Cielo Shopping Center.
1. Chairman Robbins opened the public hearing and asked for the
staff report. Principal Planner Stan Sawa presented the
information contained in the staff report, a copy of which is on file
in the Community Development Department.
2. Chairman Robbins asked if there were any questions of staff.
Commissioner Tyler asked the location of the drive through for the
pharmacy. Staff noted the location.
3. Commissioner Tyler asked if the other uses were part of the
Albertsons. Staff stated yes.
4. Commissioner Kirk asked what the north rear elevation would look
like for the residential development. Staff stated there was a ten
foot planter along the eight foot wall with some visibility to the
residents. There is also a retention basin behind th'e wall on the
residential side.
5. Commissioner Tyler stated there were no conditions about offsite
improvements. Senior Engineer Steve Speer stated that every time
you have in-line shops they are conditioned to comply with the
Specific Plan conditions so staff does not have to repeat the same
conditions as they are contained in the Specific Plan. Staff does
need to add a condition in regard to the timing of the construction
of the off-site improvements on Avenue 50.
6. There being no further questions of staff, Chairman Robbins asked
if the applicant would like to address the Commission. Mr. Roger
Watts, representing Albertsons, stated there will be a wall at the
rear with landscaping and wrought iron so there is quite a lot of
layers between the center and the residential homes. In regard to
the off-site improvements, they have no issue with a condition
being added regarding the timing of those improvements. As
Albertsons owns Savon Drugs they will be included in the store as
well as Starbucks. The drive through however, is restricted to the
pharmacy only. The store will have a bank and will have the
variety of stock to compete with the other markets.
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7. Commissioner Abels asked if there were other Savon Drug stores
that had a drive through. Mr. Watts stated he did not think so as
it was a new idea.
8. Commissioner Butler stated he has a problem with the perimeter
wall separating the residential. Mr. Smith clarified that behind the
market there is an eight foot wall and CVWD also has a wall
around the well site on the other side of the wall. Then there is a
retention basin and residential walls with wrought iron to separate
the two sites. Commissioner Butler asked what the landscaping
would look like. Mr. Smith stated there would be Acacia trees and
the tract map developer has no objection to the proposed
landscaping. Commissioner Butler questioned the lighting on the ·
rear of the building. Mr. Watts stated it is easy to direct and
screen the lighting and they would be willing to do that.
Discussion followed regarding the loading and unloading process.
9. Commissioner Tyler aSked if the pharmacy would be' open 24
hours. Mr. Watts stated the decision on the hours are usually
based on the area, traffic and competition. However, it would be
governed by the Specific Plan. Commissioner Tyler asked if they
saw the need for an external recycling center. Mr. Watt stated if
there was, it would not be by Albertsons.
10. Chairman Robbins asked if there was any other public comment.
There being none, Chairman Robbins closed the public participation
portion of the hearing.
1 1. Commissioner Kirk commended the developer on the project and
noted--this was the first project they had reviewed .that did.not
have any turf.
12. Commissioner Butler stated his initial concern was the rear
landscaping, but after the explanation, he is comfortable with the
design.
1 3. Chairman Robbins stated his concern was with the market's rear
elevations as well. He does believe it is better, but the building
still has no architectural detail and trees may or may not cover it.
Before he could support it he would have to see additional detail.
DiScussion followed regarding the rear elevation. Staff stated they
had discussed this with the applicant and this is the result of those
discussions. Community Development Director Jerry Herman
stated the CVWD wall would block the loading area and there
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would be landscaping in the retention basin as well. In addition,
the commercial site will be built first and those buying the homes
will know it exists before purchasing. Also, the pad for Albertsons
is at 37 feet above sea level and the residential pads are at 41 feet
and the building is 28 feet high.
14. There being no further discussion, it was moved and seconded by
Commissioners Kirk/Tyler to adopt Planning Commission
Resolution 2001-052 approving Site Development Permit 2001-
696, as modified:
a.Add Condition to require applicant to work with staff to
increase the rear articulation of the market.
b. Add Condition that Avenue 50 improvements shall be
completed prior to final inspection of the first building.
ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and
Chairman Robbins. NOES: None. 'ABSENT: None.
ABSTAIN: None.
E. Environmental Assessment ,°001-41 4. General Plan Amendment .:)001-
076. Zone Change 2001-099. Specific Plan 2001-053 and Tentative
Tract Map 30096; a request of Puerta Azul Partners, LLC for certification
of a Mitigated Negative Declaration of environmental impact; amend the
General Plan and Zoning Land Use designation from Tourist Commercial
to Medium Density Residential; review of development standards and
design guidelines for 127 resort villa units; and review of a tentative tract
· map to subdivide 19.64 acres into 1 27 residential lots located at 57-325
Madison Street, north of Avenue 58.
1. Chairman Robbins opened the public hearing and asked for the
staff report. Principal Planner Fred Baker presented the
information contained in the staff report, a copy of which is on file
in the Community Development Department.
2. Chairman Robbins asked if there was any discussion regarding any
two story units backing up to PGA West. Staff stated any two
story units would have the required setbacks.
3. Commissioner Abels asked where the two story units would be
lOcated. Staff stated there were no two story units allowed next
to a single story less than 50 feet from the adjoining property line.
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4. Commissioner Butler asked how many pools there would b~. Staff
stated two were proposed.
5.Commissioner Tyler asked about the adjoining zoning. Staff stated
it was all Low Density Residential.
6. Commissioner Kirk stated he could not make sense of the phasing
plan. The Specific Plan states two phases and yet did not explain
them. Staff clarified there was no line distinguishing the two
phases. Commissioner Kirk stated his other concern was parking.
Staff stated they were required two parking spaces per unit and
the applicant was requesting 1.637 per unit. Commissioner Kirk
stated the Specific Plan states an average of one space per unit.
Staff stated one parking space per unit and one space for off site
parking. The applicant's proposal states .that only one car per unit
would be needed and if a guest comes to visit, there is off-site
parking.
7. There being no further questions of staff, Chairman Robbins asked
if the applicant would like to address the Commission. Mr. Mark
Rockwell, Pacific Land Management, the applicant, gave a
presentation of the project.
8. Commissioner Kirk asked about the phasing. Mr. Rockwell stated
all infrastructure would be completed first. The great house and
pool on the front end would be in the first phase. All streets and'
homes would be constructed 1 2-1 6 at a time for the first phase.
9. Commissioner Tyler asked if all remnants of the Sculpture Park
would be removed.- Mr. Rockwell stated there were a few pieces
that they would like to give to the community. They will be
keeping one on site. The house and all other structures will be
destroyed.
10. Commissioner Butler asked about the lake. Mr. Rockwell stated
there is a small pond that is very deteriorated and would be
removed.
11. Commissioner Abels stated this was a good and interesting
project,
1 2. Commissioner Tyler questioned the "Great House", Mr. Rockwell
explained the purpose and use.
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April 24, 2001
13. Commissioner Kirk asked what the children would do. Mr.
Rockwell stated there are amenities in close proximity for children
as well as bicycle rentals and the pools.
14. Chairman Robbins asked if there .was any other public comment.
There being none, the public participation portion of the hearing
was closed and open for Commission discussion.
1 5. Commissioner Kirk noted this was a good use of the specific plan
and the product was designed accordingly. His concern was in
respect to phasing and homes being constructed before the
amenities. Another concern is the large use of turf and perhaps
what they should do is limit the amount of turf outside the golf
amenities.
1 6. Commissioner Butler stated the comment was good, and perhaps
they could change the area around the residential units. Staff
stated it would be governed by the homeowners' association.
1 7. Commissioner Kirk stated he would recommend only a percentage
of turf be allowed.
1 8. Chairman Robbins stated he concurs with Commissioner Kirk and
also, the Specific Plan does not address any type of water
efficiency. He would prefer to give them flexibility, but require
less use of water. Mr. Rockwell stated they have a vested interest
in minimizing the turf themselves. They believe there will be key
areas for the turf, but also recognize that turf is high maintenance.
19. Chairman Robbins suggested that the use of turf be minimized
where possible and then use the Water Efficiency Formula with a
multiplying factor of .6.
20. Commissioner Kirk Stated that until the Commission understands
the use of the Water Efficiency Ordinance he would rather use just
a simple percentage of turf to be allowed. Planning Manager
Christine di Iorio suggested have the Specific Plan be modified
prior to submittal of a grading plan adding language regarding
water efficiency and minimizing the amount of turf. Discussion
followed r.egarding alternatives. Following discussion, it was
determined that language would be added to the conditions
requiring water conservation measures and using a .6 multiplier in
conjunction with the Water Efficiency Ordinance.
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21. Commissioner Tyler asked why this application could not be
processed under the Tourist Commercial (TC) zoning that is
currently there. Planning Manager Christine di Iorio stated staff
would prefer not to because the TC designation does not allow for
residential. Staff has prepared a modification to the Tract Map
Condition #67. This would also be modified in Condition #65 of'
the Specific Plan. Condition #1 of the Specific Plan and Tentative
Tract Map would also be modified.
22. Ms. Emily Hemphill, attorney for the applicant, stated that in
regard to the conditions, they would have no objection as long as
the 60 day time frame was per calendar year.
23. There being no further discussion, it was moved and seconded by
Commissioners Abels/Butler to adopt Planning Commission
Resolution 2001-053 recommending certification of Environmental
Assessment 2001-414, as recommend.
ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and
Chairman Robbins. NOES: None. ABSENT: None.
ABSTAIN: None.
24. It was moved and seconded by Commissioners Abels/Tyler to
adopt Planning Commissioner Resolution 2001-054 recommending
approval of General Plan Amendment 2001-076, as recommended.
ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and
Chairman Robbins. NOES: None. ABSENT: None.
ABSTAIN: None.
25. It was moved and seconded by Commissioners Abels/Tyler to
adopt Planning Commission Resolution 2001-055 recommending
approval of Zone Change 2001-099, as recommended.
ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and
Chairman Robbins. NOES: None. ABSENT: None.
ABSTAIN: None. Change Desert Sands Unified School
District to Coachella Valley Unified School District.
26. It was moved and seconded by Commissioners Kirk/Abels to adopt
Planning Commission Resolution 2001-O56 recommending
approval of Specific Plan 2001-053, subject to the conditions as
amended.
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a. Condition #1: Add "The subdivider and his agents or
assignees also agree to defend, indemnify, and hold
harmless the City of La Quinta in defending any action
arising out of a challenge to the Conditions, Covenants and
Restrictions (CC&R's) discussed in Condition No. 65.
b. Condition #2:Change Desert Sands. Unified School District
to Coachella Valley Unified School District.
c. Condition #41 .A.: Delete (Madison Street)
d. Condition #50.B.: Delete the "Note".
e. Condition #63: At the end of the first sentence add "at the
west end."
f. Condition #65: The Conditions, Covenants and Restrictions
(CC&R's) for the project shall include a provision which
states that the project is one intended for vacation use and
that any users or occupants of the unit, including owners,
shall not remain in the unit for a period that exceeds six
months of any calendar year. The CC&R's shall further
provide that when any owner is not in residency at his unit,
said owner may rent his unit, provided however, that said ~- '
owner shall be'required to collect and pay to the City
Transient Occupancy Tax on all transient rentals in
accordance with the City's then existing Ordinances. The
CC&R's shall also include a provision that allows the City to
enforce the provision of the CC&R's (concurrently with the
homeowners' association) that contain the above
conditions. Further, the CC&R's also contain a provision
that precludes the CC&R's from being changed by any party
without the prior approval of the City. Prior to issuance of
the first building permit, applicant shall submit a copy of
final CC&R's to the City for compliance review of this
condition.
g. Condition #66: The final Specific Plan shall be modified
prior to issuance of a grading permit to include in the
concept landscape plan to minimize the use of turf where
possible and enhance water conservation. The Water
Efficient Landscape Ordinance (Chapter 8.1 3) requirements
shall be applied with the modification substituting a factor
of .6 for .8 as an adjustment factor for the Annual
Maximum Applied Water Allowance (Chapter 8.13.030
B.2).
h. Condition #67: The final Specific Plan shall be modified
prior to issuance of a grading permit to define the proposed
Phasing Plan. Phase I shall include off-site and on-site
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utility and street improvements, recreational and other
amenities.
i. Condition //68: Prior to issuance of a grading permit, the
final Conditions of Approval shall be incorporated in the final
Specific Plan document. Applicant shall work with staff to
correct internal document inconsistencies prior to final
publications of Specific Plan document. The final Specific
Plan shall be modified prior to issuance of a grading permit
to clarify the parking table on Page 25 of the Parking Study
(7.5)
ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and
Chairman Robbins. NOES: None. ABSENT: None.
ABSTAIN: None.
27. It was moved and seconded by Commissioners Abels/Kirk to adopt
Planning Commission Resolution · 2001-O57 recommending
approval of Tentative Tract Map 30096, subject to the conditions
as modified:
a. Condition//1: Add "The subdivider and his agents or
assignees also agree to defend,
indemnify, and hold harmless the City
of La Quinta in defending any action
arising out of a challenge to the
Conditions, Covenants and Restrictions
(CC&R's) discussed in Condition No.
65.
b. Condition//3: Change Desert Sands Unified School
District to Coachella Valley Unified
School District.
c. Condition//45.A.: Delete (Madison Street).
d. Condition//54.B.: Delete "Note"
e. Condition//66: At the end of the first sentence add "at
the west end."
f. Condition//67: The Conditions, Covenants and Restrictions
(CC&R's) for the project shall include a provision which
states that the project is one intended for vacation use and
that any users or occupants of the unit, including owners,
shall not remain in the unit for a period that exceeds six
months of any calendar year. The CC&R's shall further
provide that when any owner is not in residency at his unit,
said owner may rent his unit, provided however, that said
owner shall be required to collect and pay to the City
Transient Occupancy Tax on all transient rentals in
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accordance with the City's then existing Ordinances. The
CC&R's shall also include a provision that allows the City to
enforce the provision of the CC&R's (concurrently with the
homeowners' association) that contain the above
conditions. Further, the CC&R's also contain a provision
that precludes the CC&R's from being changed by any party
without the prior approval of the City. Prior to issuance of
the first building permit, applicant shall submit a copy of
final CC&R's to the City for compliance review of this
condition.
g. Condition #68: Phase I shall include off-site and on-site
utility and street improvements, recreational and other
amenities.
ROLL CALL: AYES: Commissioners Abels, Butler, Kirk, Tyler, and
Chairman Robbins. NOES' None. ABSENT: None.
ABSTAIN: None.
VII. CORRESPONDENCE AND WRITTEN MATERIAL: None.
VIII. COMMISSIONER ITEMS:
A. Community Development Director notified Commissioners of the Country
Club of the Desert invitation.
B. commissioner Tyler gave a report of the City Council meeting of April 17,
2001.
IX. ADJOURNMENT'
·
There being no further business, it was moved and seconded by Commissioners
Abels/Butler to adjourn this regular meeting of the Planning Commission to the next
regular meeting of the Planning Commission to be held May 8, 2001, at 7:00 p.m.
This meeting of the Planning Commission was adjourned at 9:39 p.m. on April 24,
2001.
Respectfully submitted,
er, Exe__... v'~' Secretary
City of-Ea~Quinta, California
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