2005 03 22 PC Minutes
MINUTES
PLANNING COMMISSION MEETING
A regular meeting held at the La Quinta City Hall
78-495 Calle Tampico, La Quinta, CA
March 22, 2005
, 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 Kirk who asked Commissioner Ladner to lead the flag
salute.
B. Present: Commissioners Ed Alderson, Rick Daniels, Kay Ladner, and
Chairman Tom Kirk. It was moved and seconded by Commissioners to
excuse Commissioner Quill. Unanimously approved.
C. Staff present: Community Development Director Doug Evans, Assistant
City Attorr:aey Michael Houston, Assistant City Engineer Steve Speer,
Principal Planner Fred Baker, and Executive Secretary Betty Sawyer.
II.
PUBLIC COMMENT: None.
III. CONFIRMATION OF THE AGENDA: Confirmed.
IV. CONSENT ITEMS:
A. Chairman Kirk asked if there were any corrections to the Minutes of the
regular meeting of March 8, 2005. There being no corrections, it was
moved and seconded by Commissioners Danielsl Alderson to approve the
minutes as submitted.
V. PUBLIC HEARINGS:
A. Site Development Permit 2005-825; a request of Family Heritage Church
for consideration of development plans for a classroom building addition
to an existing church consisting of two 2,500 square feet facilities,
located on the northwest corner of Miles Avenue and Adams Street.
1.
Chairman Kirk 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.
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2. Chairman Kirk asked if there were any questions of staff.
Commissioner Alderson asked about the two large pine trees on
the west side, would they be removed with the development.
Staff stated the applicant would need to answer this question.
3. Chairman Daniels asked about the relocation of the trash
containers as to whether or not Waste Management had given any
input to the location. Staff explained Waste Management was
given a copy of the plans and no comments were· received.
4. Commissioner Alderson asked if the new location of the trash
containers would be to the north of the building next to the
existing wall. Staff stated yes, for aesthetics reasons.
5.
Commissioner Ladner asked why they were required to fill a
Conditional Use Permit after the fact. Staff stated because at the
time of approval for the existing structure, it was not required.
With the expansion it is now required.
6.
Chairman Kirk asked if the applicant would like to address the
Commission. Mr. Chris McFadden, representing Family Heritage
Church, gave a presentation on the project. He stated there was a
concern regarding the condition to participate in the cost of the
new retaining wall with the development of the Redevelopment
Agency project adjacent to the west of this project. The wall
should be phased with the development of Vista Dunes Mobile
Home Park (VDMHP) because of the grading issues. They would
like to request leaving the backfill as it is and relocate the trash
containers at the same time as the addition is being constructed.
He went on to explain the grade differences. They are willing to
cut down the retaining wall on either side of the proposed trash
enclosure to four feet and slope them up and then construct the
property line at that point. Across the back of the property, where
it ties back into the Fire Station, they concur with. staff's
recommendation. They are requesting the conditions be changed
to required they construct the 142 linear feet of retaining wall only
at this time. The VDMHP project is still evaluating their grading
issues. They also have a concern with the materials requested.
They would prefer a slump block stone to remain compatible with
the existing building. On Conditions 43-45 they would like to
work with staff to reach a resolve and create Phases I, 2, and 3
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for the construction of the site. Lastly, they would like to request
a two year approval to give them time to raise the funds necessary
to construct the addition.
7. Commissioner Daniels asked about the relocation of the other
storage containers. Mr. McFadden stated they would be moved to
the rear as well.
8. Commissioner Alderson asked if the existing block wall was on the
Church's property and if they would be cut down and then slope it
up to the height of the Park. Mr. McFadden stated they would
reduce the height to four feet and slope it up to the VDMHP
property line after it is graded.
9. Chairman Kirk asked if there was any other public comment.
There being none, the public participation was closed and open for
Commission discussion.
10. Commissioner Ladner stated she has no issue with the slump
stone transition and agrees with the two year approval. She
would like to hear staff's concerns on the sloping. Community
Development Director Doug Evans stated that in regard to
Condition #44, a church activity will usually have a screen wall.
The second sentence of the condition states, the need to work
together as neither the applicant, nor the City knows what. the
final grades will be. Staff is requesting the applicant write a letter
to the City requesting the City share in the cost of the wall once
this has been determined. Commissioner Ladner asked the timing
of the Agency's project. Staff indicated they were just starting
the process.
11. Chairman Kirk reopened the public hearing. Mr.· McFadden
explained that the cost to build the retaining wall is an extreme
hardship on the Church. The cost to reconstruct the wall could
break this project for the Church. The Church has never requested
any reimbursement from anyone when they first constructed the
retaining wall.
12. Chairman Kirk asked if there was any other public comment.
There being none, the public hearing was closed.
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13. Commissioner Daniels stated he does believe the condition to
share in the cost of the wall is fair.
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14. Commissioner Alderson stated there seems to be some uncertainty
as to the height of the wall and location of the wall. He suggested
the wall be under the discretion of staff to determine the height,
when the grades are known.
15. Chairman Kirk suggested that if the City pays for half of the
construction costs for the wall at some point in the future, this
property owner should be required to pay for his portion, but if the
City does not act, then this project should be approved with their
proposed wall plan.
16. City Attorney Kathy Jenson suggested the time frame be more
than a year. Chairman Kirk asked if the City could make a decision
on whether or not they will participate in the construction of the
wqll relatively soon. Community Development Director Doug
Evans stated the Church should be required to build the wall
adjacent to the addition and staff would evaluate and work with
them on the other areas. Chairman Kirk stated yes, if the City
agrees to participate in the cost of the wall at some date certain.
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17. Commissioner Daniels stated he is not certain 12 months is
adequate, he suggested it be tied to the applicant's request for a
two year approval.
18. Chairman Kirk stated his concern is the timing. Community
Development Director Doug Evans stated the selection process for
the Agency project adjacent to this site should be in place within
the year. The challenge is that if the Church is told they must
come up with 50% of the cost of the wall and then they inform
the City they do not have the 50%, it is difficult to enforce
payment out of a fund raising project. If it is deferred you run t~e
risk of trying to enforce the requirement. The way the conditiçm is
written, the Church is required. to write a letter to the
Council/Agency about the cost sharing issue so they know what
they need to do to put it into the building fund raising program.
Otherwise it is difficult to enforce.
19. Commissioner Daniels asked if the compromise could be to leave I
the condition as written with the invitation to seek cost sharing
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from the City and if there is a problem this applicant shall be
notified they can return to this Commission to be relieved of this
condition. He wants it on the record that there was discussion
and it was unclear as to the timing of the wall and that this
applicant can come back. If the cost sharing does not come back,
they can come back and ask for relief of the condition.
Community Development Director Doug Evans stated that if
discussion with the adjacent property owners is not fruitful, the
Church can come back to the Commission as a Business Item and
let the Commission decide at that time on the condition. He is
confident there will be a reasonable decision between the two
property owners.
20. Chairman Kirk stated he believes it is disproportionate to require
the Church to have 100% of the cost of the wall.
·21. It was moved by Commissioners Ladner/Daniels to adopt Planning
Commission Resolution 2005-011 approving Conditional Use
Permit 2005-091, as recommended by staff.
ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, and
Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT:
Commissioner Quill.
22. It was moved by Commissioners Ladner/Daniels to adopt Planning
Commission Resolution 2005-012 approving Site Development
Permit 2005-825, as recommended by staff and as follows:
a. New condition: This approval shall expire in two years from
the date of approval of this Site Deve,lopment Permit
b. Condition 45: The cost to construct the wall shall be a
shared cost between the two properties. The cost shall be
negotiated between the City/Agency and the applicant. The
applicant shall be responsible for the cost of constructing
that portion of the retaining wall adjacent to the proposed
building addition.
c. Slump stone material for the wall is acceptable.
ROLL CALL: AYES: Commissioner~ Alderson, Daniels, Ladner, and
Chairman Kirk. NOES: None. ABSTAIN: None. ABSENT:
Commissioner Quill.
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Chairman Kirk recessed the meeting at 7:45, due to technical difficulties and
reconvened at 7:50 p.m.
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B. Site Development Permit 2005-821; a request of Joe Riso/Stewart
Woodard for consideration of development plans for a two story 29,985
square foot auto dealership facility, located on the southeast corner of
Avenue 47 and Adams Street.
1 . Chairman Kirk 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 Kirk asked if there were any questions of staff.
Commissioner Alderson asked if the elevation presented showed
the changes as requested by the Arch"ecture and Landscape
Review Committee. Staff stated not all.
3.
Commissioner Daniels asked if there was berming in the landscape
buffer. Staff stated the proposed berming would be in addition to
what is existing. There would be an opportunity for additional
berming.
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4. Commissioner Alderson stated there is slight berming now.
5. Commissioner Daniels asked if the design criteria contained in the
Specific Plan was the same as what was approved in 1998. He
also asked what height was allowed in this district. Staff stated
the height is governed by the Specific Plan; 40 feet is allowed.
The design of this building is slightly different.
6. Commissioner Ladner asked if this design was different from the
original approvals. Staff stated the difference between the original
three auto dealerships on Highway 111 and this one is the lighting
and the requirements to screen the lights. The slight change in the
architecture is the pitch on the roof on Adams Street.
Com,missioner Ladner asked about the loudspeakers. Staff stated
they are not allowed.
7.
Commissioner Daniels asked the height of the parking lot lights as
dictated by the Specific Plan. He also asked what was across the
street on Adams Street. Staff stated directly across Adams Street
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is the senior project, Hadley Villas which is accessed off Avenue
47. South of Hadley Villas is Lake La Quinta properties. He the!1
displayed an aerial of the site.
8. Commissioner Alderson asked the use of the site south of the
proposed Mazda dealership. Staff stated it is yet to be
determined.
9. Commissioner Ladner asked the about the light fixtures. Staff
stated they are required to have two, not four boxes. Staff
indicated the light locations on the site plan and clarified the
fixtures are required to be shaded straight down.
10. Chairman Kirk asked if the applicant would like to address the
Commission. Mr. Stewart Woodard, representing the applicant,
gave a presentation on the project. His concerns were the
restriction on the lower band that will go around the building to
break up the building at two feet and a requirement for a bus
turnout.
11. Chairman Kirk asked if the bus turnouts could be deleted. Staff
stated it is a boiler plate condition and no comments have been
received from Sunline Transit requesting the turnout. It could be
deleted.
12. Commissioner Alderson asked if the green color was a trademark.
Mr. Woodard stated it is part of their corporate color scheme.
13. Chairman Kirk asked for legal counsel's determination as he did not
believe color was under corporate control. City Attorney Kathy
Jenson stated the color is not part of the trademark.
14. Commissioner Alderson asked why the Sheriff's Department
approval was included. Staff stated all applications are approved
and reviewed by the Sheriff's Department. They did not request
any additional conditions. Commissioner Alderson asked for
clarification on the central sales area where there are the high
windows. One appears to be an office that will allow the owner
to look down into the sales area. The second window appears to
be a storage room. Mr. Woodard stated the office that appears to
be for parts storage will be future office space.
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15. Chairman Kirk asked if there was any other public comment. Mr.
Dutch Dilshaver, 78-839 Dulce Del Mar stated that when this
approval was first presented, there was to be a three-foot berm
with a six foot wall on the east side. The grading was to be a
total of nine feet from the finish grade to the top of the wall to
keep the noise down and for privacy as well as all service bays
were to open to the east to keep the noise down. All loud
speakers were to face east or north. The light standard height
was to be such that it would not shine into the neighboring
residential areas. They are to face downward. On the additional
parcels the buildings were to be set back and facing east.
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16. Mr. Ben Rusker, 47-675 Via Montessa, HOA president, stated he
would like to state that they are opposed to the project, but do
understand this was approved several years ago. They. do
appreciate the access driveways being placed on the interior of the
project. They would like the Chairman and Commission to
understand there are 288 homes as well as the Hadley Villas
residents that currently hear loudspeakers and struggle with the
lighting. Now with this project more lights will be added. Their I
homes should not be subject to this lighting. They are subject to
the lighting and noise of the existing auto dealerships and ask for
the Commission's protection on this project. The landscaping is
another big problem. A wall was to be constructed" to help
alleviate some of these problems.
17. Susan Albert, 47-910 Via Florence, stated her home is located
cattycorner to the project. She is going to look at a block wall and
a two story building facing her house with nine foot lights, 14 feet
above the wall. She will be looking up into the lights. The Dodge
dealership is further away and they have the glare from those
lights. The original approval for the automall was to be nine feet
below the elevation. There were no homes built at this site when
these dealerships were approved. In addition, the block wall
should be covered with trees.
18. Sandy Lower, 47-225 Via Vintina, stated the lighting from all the
commercial on Avenue 47 and the dealerships is horrible. She
suggested the yellow lighting be considered with lower poles.
This is invasive to the whole community. The plantings along I
Adams Street are low as well as the height of the berm. This
should have more trees and landscaping. There should be more
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protection for the property owners from the Circuit City,
Stein Mart, Target in the rear to soften the hardscape by adding
additional landscaping.
19. Mr. Stewart Woodard stated that when they started on this
project they followed the Specific Plan to e"very detail. As to the
landscaping, there is landscaping and they have met the
requirements. As to the lighting, it too meets the Specific Plan
conditions. These dealerships were approved before the
homeowners and it should be noted.
20. Commissioner Ladner asked about the loudspeakers. Mr. Woodard
stated they will have them. A time frame could be placed on their
use. They do need to be able to contact their workers.
21 . Commissioner Daniels stated he thought staff indicated they would
not have any loud speakers. Staff stated they were not allowed
loud speakers, but were allowed to use radios and the lights were
to be lowered at a certain time. Mr. Woodard stated they will
meet whatever requirements are required by the Specific Plan.
22. Commissioner Ladner asked what time the lights go off. Staff
stated they are to be turned down at 10:00 p.m. but need to
retain security lighting.
23. Commissioner Daniels stated the auto dealerships were previously
approved, but the Commission does need to address the concerns
of the residents. The loudspeakers need to be omitted. Is there a
way to address the lighting? Is it possible to retain protection of
the cars, and reduce the number of lights and can the height be
reduced. Mr. Woodard stated the lower you go, the more lights
are required to get the amount of light needed. Commissioner
Daniels asked if additional trees could be added near every light
standard to soften the direct light. Mr. Woodard stated this is a
possibility they could add more trees. Commissioner Daniels asked
if the design of the box shield could be extended down further on
the sides of the box to shield the light on the west side. Mr.
Woodard stated they will still be seen. Commissioner Daniels
stated he understands but he was trying to find a way to soften
the glare and if there is a product that could extend down to cut
back the radiation of the light. Mr. Woodard stated he does not
believe this will help, but they are willing to explore the possibility.
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Community Development Director Doug Evans stated the applicant
could look at the south property line where it is all employee
parking and see if the standards could be reduced to 18 feet and
reduced in wattage to 250 watt single fixtures with the right type
of lenses which would be the same as most shopping centers.
You would still see them but it would be less intense, lower and
the trees would help to shade the lights. There are several
different types of boxes with shields and prisms to help on the
southwest corner up to the edge of the south side of the building
(essentially the south and west side of the building) reducing the
lighting. Change the trees that are not deciduous. The two-story
portion is up front and more than 250 feet from the corner. A
condition should be added that no loudspeaker should be allowed.
Heavy landscaping with trees at the southwest corner to shield the
lights should be added. Discussion followed as to what activities
took place in the different bays. Mr. Woodard asked if the lights
are reduced on the south side, they have no objection. There will
be another dealership to the south of them at some time in the
future. If this is required of them, they want it required on the
future parcel at the same time. Staff reminded the Commission
that if the condition for a six-foot block is to be required, the wall
needs to be added.
24. Chairman Kirk reopened the public Hearing. Ms. Albert stated she
thought the elevation was to be nine feet below grade. Staff
stated they were unaware of any such condition. Chairman Kirk
stated there was a grade differential due to the height at Highway
111 and this location.
25. Commissioner Daniels stated it was to be a three-foot berm and
then a six-foot wall.
26. Mr. Dilshaver asked what the finish grade was now. Staff
explained the grade differentials. Chairman Kirk stated there
appears to be some research that needs to be done on the original
approval.
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27. There being none, the public participation was closed and open for
Commission discussion.
28. Commissioner Alderson asked if the photometric study would have I
disclosed the number needed. Staff stated yes because of the
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Dark Sky Ordinance. There is zero light on the property line.
Commissioner Daniels asked about the 24 light pole to match the
existing and they are suggesting going to a lower light.
Community Development Director Doug Evans stated normally
regulations are written as maximums not minimums to allow the
Commission some discretion to fit into the neighborhood. He does'
believe the side of the boxes being extended does affect the sight
"line drastically.
29. Commissioner Daniels stated the challenge is to fix this with some
of the concerns raised.
30. Chairman Kirk asked that staff look into the Code violation on the
other dealerships in regard to the loud speakers.
31 . It was moved by Commissioners Daniels/Ladner to adopt Planning
Commission Resolution 2005-013 approving Site Development
Permit 2004-821, as recommended by staff.
I a.
b.
c.
d.
e.
f.
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No loud speakers shall be allowed.
The lighting shall be reduced down to a security level.
The lights shall be redirected so the light is directed internal
to the property.
Wattage on the south side and the Adams Street side shall
" be reduced in wattage.
Non deciduous trees shall be planted between the outside of
every light standard along Adams Street.
A six-foot high block wall be required.
ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, and Chairman
Kirk. NOES: None. ABSTAIN: None. ABSENT:
Commissioner Quill.
C. Site Development Permit 2005-824, Conditional Use Permit 2005-090,
and Sign Application 2005-876; a request of Nasland Engineering, La
Quinta Redevelopment Agency, and Stamko Development Co. for
consideration of development plans for a 136,000 square foot retail store
and gas station on a 13.72 acre site, located at the southwest corne,r of
Highway 111 and Dune Palms Road;
1.
Chairman Kirk opened the public hearing and asked for the staff
report. Community Development Director Doug Evans and
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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 Kirk asked if there were any questions of staff.
Commissioner Daniels asked what is located on the south side of
the site. Staff stated it is the Agency's affordable housing project.
Commissioner Daniels asked if the light standards needed to be 42
feet. Staff stated they have been conditioned to lower them.
3. Commissioner Alderson asked about the traffic study in regard to
the turning movements by having a left in on the south driveway.
Assistant City Engineer Steve Speer stated it conflicts with the left
turn that must be provided for the buses. Commissioner Alderson'
asked about the primary entrance on Highway 111 as it does not
lend itself to a signal. Staff stated the road would be extended to
the east and the buses would have to come out on the new street.
He showed the turning movement and alignment on the site plan.
4.
Chairman Kirk asked about Parcel 2 as to how it would be
accessed. Staff stated they will have an access on Dune Palms
Road and in front of the existing entry. The gas station has an
access throÜgh as well as a corridor with the existing commercial.
Chairman Kirk asked about the access between PetSmart and the
gas station. He asked about the island that appears to be standing
alone. Community Development Director Doug Evans stated that
as both property owners work on design there needs to be some
work with the existing property owner as it relates to Parcel 1.
Dialog has and is taking place to screen the area. Chairman Kirk
asked about the sign area calculations. Principal Planner Fred
Barker stated there has been a revision since the staff report was
written. He went on to compare the sign calculations between the
"Sam's Club" and "Super Wal-Mart". Community Development
Director Doug Evans further explained how they reached the total
sign figures. Chairman Kirk asked if this complies with the Sign
Program. Staff explained this is the proposed Sign Program.
Discussion followed on the calculations. '
5.
Commissioner Alderson asked about the storm drain retention
tank. Staff stated this is an alternate system. They are hoping to
go to a surface retention with the other part of the center. Until
that is accomplished, they are required to have the tank.
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6. Commissioner Daniels' asked staff to explain flipping the gas
station. Staff explained how the stacking would be changed to
keep the cars out of the drive aisle if the gas station pumps were
relocated.
7. Chairman Kirk asked if the applicant would like to address the
Commission. Mr. Donavon Collier, representing the applicant,
gave an overview of the project and introduced the project team.
8. Chairman Kirk asked if there was any other public comment.
There being none, it was open for Commission discussion.
9.
Commissioner Alderson asked about the bond being in place, until
the signal is installed; if in the future, this project does not require
a signal, how long will the money be kept. Assistant City Engineer
Steve Speer stated five years. Staff expects the turning
movements on Dune Palms Road will service this site. The signal
is only in the event there is a problem. The signal would require a
realignment with the Desert Sands Unified School District bus
entrance, so it probably will not happen.
10. Chairman Kirk commended the applicant on ~he architecture
design. He does not support the sign program as this property
owner paid less for the land and should not be allowed a benefit
because it is not seen from Highway 111. He is also concerned
about the sea of asphalt. He would prefer to see a reduction in
parking spaces, additional landscaping and pedestrian aisles.
11 . Commissioner Ladner stated she has no objection to the sign and
she is not inclined to reduce the parking as it will have a high
customer number.
12. Commissioner Alderson stated both parking lots are combined and
with this site having 90 additional parking spaces, he would agree
with additional trees and pedestrian walkways.
13. Chairman Kirk stated that if the parking was reduced by 20
parking spaces, it could be enhanced with trees. Mr. Mike
Birkland, landscape architect, stated they believe the number is
needed. The parking lot will be screened from Highway 111, but
they would entertain using bigger landscape islands. He does not
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believe the pedestrian walkway would work well on this site.
Community Development Director Doug Evans asked that
Condition 47 .B.1 be sunset at five years.
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14. There being. no further public comment or discussion, the public
hearing was closed.
15. It was moved by Commissioners Ladner/Daniels to adopt Planning
Commission Resolution 2005-015 approving Conditional Use
Permit 2005-090, as recommended by staff.
ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, and Chairman
Kirk. NOES: None. ABSTAIN: None. ABSENT:
Commissioner Quill.
16. It was moved by Commissioners Kirk/Daniels to adopt Planning
Commission Resolution 2005-014, approving Site Development
Permit 2005-824, as recommended by staff and as follows:
c.
There shall be a reduction in parking stalls by 30.
Additional landscaping shall be installed on the landscape
islands to soften hardscape.
The landscape islands shall not be zeroscape, but contain
lush landscaping.
The location of the gas station shall be flipped.
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a.
b.
d.
ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, and Chairman
Kirk. NOES.: None. ABSTAIN: None. ABSENT:
Commissioner Quill.
17. It was moved by Commissioners Ladner/Daniels to adopt Planning
Commission Resolution 2005-016 approving Sign Application
2005-876, as recommended by staff.
ROLL CALL: AYES: Commissioners Alderson, Daniels, Ladner, and Chairman
Kirk. NOES: None. ABSTAIN: None. ABSENT:
Commissioner Quill.
VI. BUSINESS ITEMS: None.
VII. CORRESPONDENCE AND WRITTEN MATERIAL: None.
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VIII. COMMISSIONER ITEMS:
IX. ADJOURNMENT:
There being no further business, it was moved and seconded by Commissioners
Daniels/Ladner to adjourn this regular meeting of the Planning Commission to a regular
meeting of the Planning Commission to be held on April 12, 2005, at 7:00 p.m. This
meeting of the Planning Commission was adjourned at 9:55 p.m. on March 22, 2005.
Respectfully submitted,
v/fi ---:J>1~
ty ~wy:r~ Executive Secretary
City of La Quinta, California
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VIII. COMMISSIONER ITEMS:
IX. ADJOURNMENT:
There being no further business, it was moved and seconded by Commissioners
Daniels/Ladner to adjourn this regular meeting of the Planning Commission to a regular
meeting of the Planning Commission to be held on April 12, 2005, at 7:00 p.m. This
meeting of the Planning Commission was adjourned at 9:55 p.m. on March 22,2005.
Respectfully submitted,
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