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2008 02 12 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA February 12, 2008 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 Alderson who asked Commissioner Engle to lead the flag salute. B. Present: Commissioners Katie Barrows, Jim Engle, Paul Quill, and Chairman Ed Alderson. It was moved and seconded by Commissioners Barrows/Quill to excuse Commissioner Wilkinson. Unanimously approved. C. Staff present: Planning Director Les Johnson, Assistant City Attorney Michael Houston, Planning Manager David Sawyer, Principal Engineer Ed Wimmer, Principal Planner Andrew Mogensen, Assistant Planner Eric Ceja, Management Assistant Betty Sawyer. II. PUBLIC COMMENT: None. III. PRESENTATION: None. IV. CONFIRMATION OF THE AGENDA: Confirmed. V. CONSENT ITEMS: A. Chairman Alderson asked if there were any changes to the Minutes of January 22, 2008. There being no corrections by the Commissioners, Chairman Alderson asked that Page 6, Item 17 be amended to correctly spell Carlos Partida's name; and, Page 7, Item 26, reworded to say, "Staff has proposed that if the developer does what is required within 60 days, he will be allowed to obtain his building permits. If he doesn't meet the requirements, they will not be allowed to obtain their permits." There being no further corrections, it was moved and seconded by Commissioners Barrows/Quill to approve the minutes as corrected. Unanimously approved. P:\Reports - PC\2008\3-11-08\PC Minutes 2-12-08.doc Planning Commission Minutes February 12, 2008 VI. PUBLIC HEARINGS: A. Sign Program 2008-1226; a request of Imperial Sign Company for consideration of a Sign Program for Permanent Business Identification Signage for the La Quinta Business Center located at 43-576 Washington Street. 1 . Chairman Alderson opened the public hearing and asked for the staff report for the continued item. Assistant Planner Eric Ceja presented the information contained in the staff report, a copy of which is on file in the Planning Department 2. Chairman Alderson asked for clarification on the location of the east elevation signs. Staff clarified the sign program identifies the location of all signs. Chairman Alderson asked about the monument sign where the address numbers are identified. The size of the print should be of an appropriate size that would be visible to emergency vehicles. 3. There being no further questions of staff and there being no applicant, Chairman Alderson closed the public hearing. 4. There being no further discussion, it was moved and seconded by Commissioners Quill/Barrows to adopt Minute Motion 2008-004 approving Sign Program 2008-1226, as recommended and amended: a. Condition added: Letters shall be of a reasonable size. Unanimously approved. VII. BUSINESS ITEMS: A. Appeal 2008-001; a request of Bill Rossworn for consideration of an appeal of a Notice of Public Nuisance Determination for various violations on a vacant lot with no primary structure for the property located at 52- 275 Avenida Martinez. 2 Planning Commission Minutes February 1 2, 2008 1. Chairman Alderson asked for the staff report. Senior Code Compliance Anthony Moreno presented the information contained in the staff report, a copy of which is on file in the Planning Department. 2. Chairman Alderson asked if there were any questions of staff. Commissioner Quill asked if the Commission granted this as a public nuisance how long will it take to take action and could the City lien the property. Assistant City Attorney Michael Houston said the motion would be to deny the appeal and uphold the determination of Notice of Public Nuisance. If the applicant does not comply with the nuisance abatement, the City prosecutor would obtain a court order to remedy the violations, this would be a lien against the property. It would also be a court order which would allow the City to foreclose on the property, but this is rarely ever needed. It is a severe remedy and will cloud the title on the property. 3. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Mr. Bill Rossworn, 78-174 Calico Glen, Bermuda Dunes, explained that when he bought the property it consisted of three lots with a small house. When he applied to the City to build on the three lots the City required them to merge the lots and create two lots which he did. He had a buyer for the sale but it fell out. He has the property up for sale and it is listed with the pool. When he has received notice to fix the property, he has done so. He does have plans to construct the house, and would like to retain the pool until such time as the property sells. He recognizes he has the liability for any injuries occurring on the property, but he is willing to maintain the fence and pool. 4. Chairman Alderson asked if there were any questions of the applicant. Commissioner Engle asked if the pool would have to be removed if the property is sold. Mr. Rossworn stated no, he would only have to replaster the pool and replace the pool equipment. 5. Commissioner Barrows asked if the fence prevents access to the pool. Mr. Rossworn stated there is no opening. Staff stated they have people either jumping over or tearing down the fence. The concern is to the neighboring residents and the Sheriff's Department. It makes a good skating area for the kids. 3 Planning Commission Minutes February 12, 2008 6. Commissioner Engle asked how long it has been in this condition. Staff stated 2005 is when staff started issuing citations on the property for nuisance violations. Staff initially had no objections believing the property would be sold and the problem would solve itself. Commissioner Engle asked who has the liability if someone is hurt. Assistant City Attorney Michael Houston stated it is the applicant's responsibility. Commissioner Engle asked if there was a reasonable time frame that could be given for the applicant to sell the property. Staff stated it has already been over two years. 7. Commissioner Barrows asked what time frame the applicant would request to allow him to sell the property. Mr. Rossworn stated he is receiving calls and it is his hope something will happen soon. 8. Chairman Alderson stated he visited the site and he would be hard pressed that the pool would be salvageable if the property even sold now and questioned why the applicant would want the liability the pool is creating. He cannot believe the pool has any economic value to any potential buyer. The tree has caused damage by the root growth. In addition, the second lot has a lot of debris that needs to be cleaned up. Staff stated there is a second nuisance case on that lot. 9. Mr. Billy Cave, stated the property has appealed to him and he is interested in purchasing the property. He believes he could repair the pool. Living in the area he is around the property and sees the kids that are gaining access to the pool. If you put ridges in the pool, it will deter any of the skaters from using it. He could install a fence that would prevent people from entering the pool. In regard to the debris, he can see where the neighbors have dumped their debris on this lot. This is a tough situation on a landowner and he believes it would be best to allow the property owner time to sell the property. He believes he could remedy all the City's concerns to keep the pool in place and safe. Staff asked if he was a prospective buyer. Mr. Cave stated he was, but at the time it was in escrow with someone else. Staff asked if he was currently trying to buy the property and if he had any financial investment in 4 Planning Commission Minutes February 12, 2008 the property. Mr. Cave stated he just became aware of the property falling out of escrow, but he has not secured any loans or made any offers on the property. Staff stated the suggestions offered by the applicant do not appear to be any remedial solutions. If it were backfilled, the pool is still salvageable and the waterproof cap would enable them to continue to sell the property. 10. There being no questions of the applicant, Chairman Alderson asked if there was any other public comment. There b,eing no public comment, Chairman Alderson closed the public participation portion and opened the item for Commission discussion. 11. Commissioner Engle stated the applicant has had over two years to remedy the problem and it is a nuisance and should be resolved. 12. There being no further discussion, it was moved and seconded by Commissioners Quill/Engle to adopt Minute Motion 2008-005 denying the appeal and uphold the determination that a Public Nuisance exists at the aforementioned address as referenced in Case No. 07-5797. B. Modification by Applicant 2008-008; a request of Trans West Housing, Inc., for consideration of a request to modify Condition of Approval No. 19 requiring off-site improvements as a part of the first phase of development for the property located on the east side of Monroe Street, 14 mile south of Avenue 54. 1. Chairman Alderson asked for the staff report. Principal Planner Andrew Mogensen presented the information contained in the staff report, a copy of which is on file in the Planning Department. Principal Engineer Ed Wimmer explained the bonding requirements that staff was requesting is to ensure all improvements were completed and if the City is required to enforce the bond, the applicant would be liable for the costs and expenses for that. 2. Chairman Alderson asked first, if there was an existing bond in place and was this a request to extend that bond; and second, if the applicant was responsible for the costs associated with the improvements. Staff stated this action differs because this request is for a modification of a site development permit condition. So there is no Subdivision Improvement Agreement in place and therefore no bonds have been required. Therefore, 5 Planning Commission Minutes February 12, 2008 currently the City does not have any bonds for the improvements under a site development permit. Chairman Alderson asked if the extent of the improvements was for the frontage of Monroe Street. Staff stated it is for the frontage along Monroe which fronts the Saddle Club only. Staff stated all the improvements in the site development permit would need to be evaluated as far as cost estimates and whatever the Commission would want to add would be considered. 3. Commissioner Quill asked if the final tract map included all the improvements to Monroe Street. Staff stated it is a tentative map and not a phased map for the Griffin Ranch and there are no bonds for the street improvements. Commissioner Quill clarified that this request is for the Saddle Club only and there are no bonds in place for Avenue 54 or Monroe Street that fronts the Griffin Ranch. Staff stated this application is for bonding for the frontage of the Saddle Club and not the tract map. 4. There being no further questions of staff, Chairman Alderson asked if the applicant would like to address the Commission. Ms. Marty Butler, representing Trans West Housing Inc., explained their request and stated they would be building the caretakers home in the first phase. She stated they have no problem with bonding for Monroe Street. 5. Chairman Alderson asked if there were any questions of the applicant. Commissioner Quill clarified they had no problem with bonding for the Monroe Street improvements. Ms. Butler stated that was correct. 6. Chairman Alderson stated it was his understanding they currently have tenants with horses that requires them to have the amenities constructed. Ms. Butler stated that was correct. 7. There being no further questions of the applicant and no other public comment, Chairman Alderson closed the public participation portion and opened the matter for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Barrows/Quill to adopt Minute Motion 2008-010 approving Modification by Applicant 2008-008, as recommended and amended: 6 Planning Commission Minutes February 12, 2008 a. Condition No.7: If the bonds were executed and additional costs were incurred, the applicant shall be responsible for those costs. Unanimously approved. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None IX. COMMISSIONER ITEMS: A. Staff gave a review of the Council meeting of February 5, 2008. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Barrows/ Quill to adjourn this regular meeting of the Planning Commission to a regular meeting to be held on February 26, 2008. This regular meeting was adjourned at 8:06 p.m. on January 22, 2008. Respectfully submitted, wye~~ent Assistant a Quinta, California 7