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2008 11 12 PC MinutesMINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 12, 2008 7:04 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:04 p.m. by Chairman Ed Alderson who asked Commissioner Weber to lead the flag salute. B. Present: Commissioners Katie Barrows, Paul Quill, Mark Weber, Robert Wilkinson, and Chairman Ed Alderson. C. Staff present: Planning Director Les Johnson, Principal Engineer Ed Wimmer, Planning Manager David Sawyer, City Attorney Kathy Jenson , Principal Planner Andrew Mogensen, Assistant Planner Yvonne Franco, and Executive Secretary Carolyn Walker. II. PUBLIC COMMENT: Gayle Cady, 82-831 Avenue 54, Vista Santa Rosa, CA, complimented the City on the City's equestrian signs and brought some sample signs for the Commissioners to view. She suggested the City considering including directional signs for Lake Cahuilla as well as some equestrian crossing signs at various intersections. III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT CALENDAR: Chairman Alderson asked if there were any changes to the Minutes of October 28, 2008. There being no changes, or corrections, it was moved and seconded by Commissioners Barrows/Wilkinson to approve the minutes as submitted. Unanimously approved. V. PUBLIC HEARINGS: A. Reversion to Acreage 2008-005; a request of Stantec Consulting for Stamko Development Co. for consideration of Reversion to Acreage RA 2008-005 (36058-R-, located east of Adams Street, south of Auto Centre Drive, west of La Quinta Drive. P:\Reports - PC\2008\72-09-08\Final Minutes 11-12-08.doc Planning Commission Minutes November 12, 2008 Chairman Alderson recused himself from this item and turned the meeting over to Vice Chairperson Katie Barrows who opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. Commissioner Quill commented on the maintenance conditions and the fact they would be cleaned up. Staff pointed out the condition which referenced the maintenance of screening and landscaping and the public right-of way. Staff added there was a mass grading plan permit in Public Works which has not been approved yet. When the City Council approves this application the grading permit can then be approved. Commissioner Quill asked a question about follow-through on the mass grading permit. Staff explained the procedures to be followed. Commissioner Quill asked if any problems on the site could be addressed by Code Enforcement. City Attorney Jenson said the Municipal Code has a whole provision on grading permits (issued for the site) and if the City Engineer finds any condition he considers unsafe he can require that it be removed. Commissioner Quill asked about the date of the mass grading permit. Planning Director Johnson explained the status of the current grading permit and the procedures to be followed for the approval of that permit. He also discussed the need for the applicant to maintain the stockpiling of material that is on the northern portion of the site. It was a 3:1 slope stockpile that was part of the activity for the JC Penney site. Commissioner Wilkinson asked about the history of the site including any complaints or previous code enforcement issues. Planning Director Johnson said he did not believe there had been any Code Enforcement issues. There being no further questions of staff, Vice Chairperson Barrows asked if there were any applicant representatives or comments. The applicant, Chris Clarke 2205 North Poinsettia, Manhattan Beach CA 90266, commented on the economic conditions around the world, and specifically, this community. She pointed out that JC Penney had pulled out of this site and she has had to revert the acreage. She gave some P:\Reports - PC\2006\7 2-09-09\Final Minutes 11-12-OB.doc 2 Planning Commission Minutes November 12, 2008 background on the property and the grading permit history. She outlined what her plans were for the future of this site. She said she will comply with the mass grading permit on file with Public Works. She said they have had no complaints in the past eight or nine years. She commented on Condition No. 23, which states: "The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit." She said the City has had a 540,000 (cash) deposit, for a number of years and she did not understand what the condition meant in reference to a "sufficient deposit". She said the City had held the money for eight years and asked what was the "security" they were referring to. City Attorney Jenson said it was her understanding there were stockpiles and some other things that could potentially need to be addressed. She spoke to the City Engineer regarding the purpose of that bond and it was to restore, or revert, the site back. Ms. Clarke said she was a little confused as to what the site was to be restored to. City Attorney Jenson replied it would have to be reverted back to a site without stockpiles. Ms. Clarke said the stockpiles currently met the City's codes. Ms. Clarke also said the City has had an open-ended condition for the 540,000 bond, and the site has already been graded. She asked what was the City asking her to restore the site to. City Attorney Jenson said there were also PM-10 issues and the site was not finished. It was still in a rough graded condition and would continue to need PM-10 control. Ms. Clarke said she understood that and was not asking for the 540,000 back. She was asking about the amount of security and said if the 540,000 wasn't enough she should be informed as to exactly what additional amount would be needed. City Attorney Jenson asked if she was referring to additional security. Ms. Clarke said she was unclear on the matter. The City Attorney suggested Public Works staff respond. Principal Engineer Wimmer said the amount of security would only be that which would be appropriate to the reversion of the acreage. If the amount (when it is calculated) was less than 540,000 the difference would be refunded. If it was more, the applicant would be asked for P:\Reports - PC\2008\12-09-08\Pinal Minutes 1 i-12-OB.doc 3 Planning Commission Minutes November 12, 2008 additional funds. At this time they did not have the calculations completed to specifically answer the question. Ms. Clarks said she was still confused as to what was requested on the reversion of acreage and the previous request for bonding. Principal Engineer Wimmer said the amount of money needed to secure PM-10 coverage had not yet been calculated and repeated his explanation of the amount as noted above. Ms. Clarke pointed out she had given the Planning Commission Secretary a copy of additional resolution corrections (copies of which were given to the Commissionersl. She added she was still confused and she said, after six maps, the deposit amount should have been calculated and specifically stated. Vice Chairperson Barrows asked about the resolution corrections and Ms. Clarke said they were very minor in nature. Commissioner Quill asked if Ms. Clarke was only concerned about the one condition, mentioning the security deposit, but she was all right with everything else. Ms. Clarke responded she was. There being no further applicant comments Vice Chairperson Barrows asked if there was any public comment. Suzanne Albert, 47510 Villa Florence, La Quinta, said her property backs up to the Adams property. She said she had been there for five years, through all the changes. She had one concern which was to plant trees, as promised by each developer, instead of having the unattractive green fence. She commented on the amount of dust in her home and requested trees be planted on Adams Street. Judy Harrison 47145 Via Orvieto, La Quinta, was confused as to what was meant by reversion of acreage. She asked what the applicant was trying to do. She commented on the JC Penney site being approved and the major construction and traffic on Adams Street. She stated she admired the fact the applicant did provide the polymer spray to keep down the dust, but she has been to City hall many times about the dust problem for the properties behind Lowes, Target, as well as those south of St. Francis Church. She commended Stamko again for the polymer but asked what it means to revert acreage. P:\Reports - PC\2008\12-09-08\Final Minutes 11-12-08.doc 4 Planning Commission Minutes November 12, 2008 Principal Planner Mogensen explained the background of the site and the fact the applicant was trying to revert this to a single parcel, instead of multiple parcels since that is what it was originally. Mrs. Harrison asked what that meant, did that make it commercial or multi-family. Staff gave her an explanation of what the reversion would entail and the number of parcels. Mrs. Harrison commented on a recent occurrence involving a severe dust storm and how it affected her and her neighbors. She explained the steps she took to attempt to correct the problem and emphasized the City need to pay closer attention to PM-10 control. She commended Stamko again for their use of the polymer spray to hold down the dust. There being no further questions, or public comment, Vice Chairperson Barrows closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Weber gave a synopsis of what the $40,000 held by the City was actually for. He said it is there to make sure the City can take care of any remediation issues, and in essence it was a bond. He said that was standard procedure, until the property was put into its final state. The City holds this bond, in trust, to be sure there are no financial repercussions which could fall back onto the City of La Quinta. City Attorney Jenson said that was correct. Commissioner Weber added that the 540,000 amount was established years ago with the City's best calculation of the potential liability if the applicant did not perform as requested. Commission Weber asked if when this property is regraded, will an action take place to make sure it is kept in compliance with PM-10 regulations. City Attorney Jenson responded to his question and explained what was necessary to release the bond. Commissioner Weber commented the concern to the citizens and the City was with PM-10 issues on this site and others. He asked if Public Works would be responsible for the inspections. Staff replied it would. Commissioner Weber asked about the trees Mrs. Harrison was referencing. He was under the assumption she was referring to the trees on the Adams Street frontage. He said there was currently a lot of landscaping already in place and asked if there were any trees that had P:\Reports - PC\2008\72-09-OS\Final Minutes 11-12-08.doc 5 Planning Commission Minutes November 12, 2008 been promised and not planted as yet. Planning Director Johnson said with the entitlement for the JC Penney project there was a landscape plan that included trees. He added if that project went forward the trees would be included in that entitlement. However, he said there was a perimeter landscaping established and full street improvements included on Adams Street. That is not typically the case. He explained why the balance of the improvements were not in and what was needed. Commissioner Weber asked if there was anything deficient. Planning Director Johnson said there was nothing deficient at this point. City Attorney Jenson advised the Commission about the extension of a site development permit and that would be the appropriate time to condition whether or not something further should be done. Commissioner Weber said he understood the dust concern, but wasn't sure if they were actually coming from this site. He said he was pleased that it has been landscaped as it is not a normal practice. He commended the applicant, the owner, and the City for planning ahead so the citizens could enjoy at least a partially improved streetscape. There being no further questions, or public comment, Vice Chairperson Barrows closed the public participation portion of the meeting and opened the matter for Commission discussion. There being no further discussion, it was moved and seconded by Commissioners Quill/Weber to approve Resolution 2008-032 for Reversion to Acreage 2008-005 as submitted. AYES: Commissioners Quill, Weber, Wilkinson, and Vice Chairperson Barrows. NOES: None. ABSTAIN: None. ABSENT: Chairman Alderson B. Site Development Permit 2006-866 Time Extension No. 1; a request of Trans West Housing, Inc. for consideration of a one-year time extension for Site Development Permit 2008-866, for the construction of an equestrian facility, located on the east side of Monroe Street, '/o mile south of Avenue 54. Chairman Alderson re-joined the meeting and opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department. P:\Reports - PC\2006\12-09-OS\Final Minutes 71-12-OB.doc 6 Planning Commission Minutes November 12, 2008 Chairman Alderson asked about the second gate access and back road and asked if that was an addition. Staff said it had not been added and had been there all along. Chairman Alderson asked about the conditions in italics. He asked if they were the same as the previously approved conditions or had they been added and were they germaine to the issue. Staff said they had been added and were germaine to the issue. Chairman Alderson asked if the applicant had seen them and was in agreement with them. Staff said they had and they were. He added the specific condition regarding bonding was recommended by the applicant. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. Applicant's representative, Ms. Marty Butler, introduced herself and stated she would like to wait to hear what concerns nearby neighbors had. She said Trans West was very enthusiastic in going forward and have been working closely with the Public Works Department. They do have funds set aside and are not asking for an extension without anticipating that they would go forward. She stated this was an integral part of the Griffin Ranch and a very key and important part of the project as well as an asset to the City of La Quinta. There being no further applicant comments Chairman Alderson asked if there was any public comment. Gayle Cady, 82831 Avenue 54, Vista Santa Rosa, said she was here to support the project. She said the City had a wonderful opportunity to help Griffin Ranch and encouraged everyone to support this project as the equestrian community had been looking forward to this for so long. She urged the Commissioners to approve the extension. Betty M Smith, P O Box 732, 82470 Avenue 54, La Quinta CA, spoke on behalf of the project and spoke highly of some of the parties involved. She said the group planned very well for its neighbors and praised the planning and management of the Griffin Ranch. She noted the equestrian nature of the area and that she is in support of the project and urged the Commissioners to vote in favor of the extension. P:\fleports - PC\2008\12-09-08\Final Minutes 11-12-08.doc 7 Planning Commission Minutes November 12, 2008 Linda von Hurst, 81810 Mountain View Estates, La Quinta CA 92253, pointed out where her home was located (on the aerial) facing the 200 residential acres which has been under construction for the past two years. She stated they have had nothing but problems from the project, including PM-10 issues and described what has been going on. She said Merv Griffin explained there would not be any problems at the beginning of the project. She told about the grading of the acreage and the lack of water trucks used. She was concerned about the fact that no one is willing to help her. She did not want to see those problems happen to her neighbors. She said the 2006 EIR needed to be re-visited and PM-10 is hazardous to everyone's health. The amount of dust has caused her health problems, and ruined her family's health. Rich Levine, 81-990 Mountain View Lane, La Quinta, CA 92253 said she wished to give his time to James Rosenbaum. James Rosenbaum, 81-965 Mountain View Lane, La Quinta CA said he has tried to speak to Trans West and found them wholly insensitive to the neighbors' needs. They have done nothing about the problems they have created. He has had experience with horses and is aware there are odors, noises, flies, etc., but this is right on the border of his property. He said what has happened has not been good for our neighborhood. He is opposed to the project and he is on the Board of Trustees of the Estates of La Quinta and they are 100% opposed to this project. He felt promises would not be kept and suggested the Commissioners visit the von Hurst house. He said this situation will only reoccur to other properties and cause devaluation of their houses. Chairman Alderson asked if he represented the Estate of La Quinta when this project was originally approved. Mr. Rosenbaum replied he did not. Chairman Alderson said when the project was originally presented it was approved by that Homeowners' Association. Mr. Rosenbaum said the approval was rather biased and people moved out and moved away. This is something current. It is not the issue as to previous approval. Dr. Frank Hernandez, 81-875 Mountain View Lane, La Quinta CA, said he spends 5285 a month to have his septic tank drained. He said the neighbors were promised sewer lines which have not been put in and he is concerned about the issue of the damage and dust to his pool and P:\Reports - PC\2008\72-09-OB\Final Minutes 11-12-08.doc 8 Planning Commission Minutes November 12, 2008 backyard. He said Trans West has paid neighbors around him, but not him. He is a little confused as to how Trans West is dealing with the neighbors. He added that regardless of the economic situation, Trans West has made promises and have gotten a lot of latitude and generosity from the City. He is opposed to the project as it has negatively impacted their neighborhood. Bahram Niknam, 81-840 Mountain View Lane, La Quinta CA 92253, is directly south of the facility. He purchased his home in April and if he had been aware of the situation they would have kept looking. They have no trust the developer will keep their promises and he does not want to be in a position where they have to constantly call the City to have the developer comply. He commented that they are constantly cleaning their pool and power washing the deck. It was his understanding the applicant is supposed to comply with PM-10 regulations and requested the permit be denied. Mr. Trixifina, 81-870 Mountain View Lane, La Quinta CA 92253, said he would like to express the concerns of the previous speakers. He said the agreement they received in September 2006 is almost the same as the one they received in November. He said he could not consider this a contract as there was no completion date of the contract. He commented on the bond being requested. He sympathized with the von Hursts and others. He said they have had to clean their residence on a daily basis. It is not a good way to live and they are slaves to their property. Tom Brohard, 81-905 Mountain View Lane, La Quinta CA, said he was speaking as the President of the Board of Directors of the Homeowners' Association. He had appeared before the Commission in support of the project in 2006. They had extensive discussions, and negotiations with Trans West and they did move some areas of the project in response to the Board's suggestions. When they put the plan to a straw vote, only one neighbor dissented. He added, to sweeten the pot, Trans West offered to connect their neighborhood to the sewer system. In addition, he hadn't really experienced the dust from the grading. He said the von Hurst's situation boiled down to a matter of trust. They have called the City and AQMD but there is a significant amount of damage that has been caused due to the dust. They received a revised agreement from Trans West yesterday, but the neighbors have a great deal of distrust and are opposed to this project. The grading will be immediately adjacent to seven properties, on the northern boundaries, P:\Reports - PC\2008\72-09-08\Final Minutes 11-12-OS.doc 9 Planning Commission Minutes November 12, 2008 and it will be chaotic to those residences. He asked that the Commission consider this extension very carefully as their Homeowners' Association does not support it. Commissioner Quill said if the Commission did not grant an extension what would be the homeowners' expectation. Mr. Brohard said they are concerned about the grading and the PM-10 issues. They were made promises on the rest of the project, but it wasn't happening. Commissioner Quill said he understood ,but asked why killing the project would assist him. Mr. Brohard said they would like more time to talk to Trans West. Chairman Alderson asked how many homes were in this Association. Mr. Brohard replied 14 lots and 13 homes. Joanne Boegner, 81-080 Golf View Drive, La Quinta CA, chose to give her time to Betty Smith. Thomas Colvin, 82470 Avenue 54, Thermal CA, chose to give his time to Betty Smith. Betty M. Smith, P O Box 732, Indio CA, said as far as flies and odors are concerned, she cleans up manure every morning. She said she didn't understand why people moved to the desert and then complain about the dust. Wherever you move in this Valley you are going to have dust. It is dusty and it is something we have to deal with. Richard Levine, 81-990 Mountain View Lane, La Quinta CA, said he tried to contain the dust problem, but it manages to infest every area of his home. He has spent 510,000 to seal up his house. He depends on air conditioning. He just finds that if you look at the map the new range would be 40 feet from his house. The pictures are beautiful, but it is currently a dust bowl. He thinks this is an appalling situation. You can find other horse ranches with other neighbors that are not on top of you. He said he loved horses, but there are people who just wanted to be left in peace in solitude. Norman Cady, 82-831 Avenue 54, Vista Santa Rosa CA, chose to give his time to Gayle Cady. P:\Reports - PC\2008\12-09-08\Final Minutes 11-12-OS.doc 1~ Planning Commission Minutes November 12, 2008 Gayle Cady, 82-831 Avenue 54, Vista Santa Rosa, CA, commented on people who move to the desert and complain about the heat and sand. She was not condoning PM-10 conditions, but when the wind is blowing at 40 miles an hour you are going to have dust, not just from the Griffin Ranch, but also from projects such as Silverrock, The Hideaway, and Madison Club. She commented on the fact that until the projects are completed, in the area, the nearby residents will have dust. She commented on the septic tank problem, and gave an example of the frequency of having the septic tank pumped out. She added that the current stables were already there before the La Quinta Estates. The Griffin Ranch people do have a first class operation. Linda von Hurst said we are all entitled to breathe healthy air. It is negligence on the part of the construction workers and it is Griffin Ranch's responsibility to make sure they do their job. She offered to send a federal report to the Commissioners and added they should have the freedom to enjoy their home in a healthy manner. She also stated all land is owned by someone and they need to keep care of their property. Chairman Alderson asked Public Works staff about the dust control complaints and the responses. Principal Engineer Ed Wimmer said he was not familiar with the case. Chairman Alderson said he had some concerns on the financial securities. City Attorney Jenson said the applicant has submitted documentation and the security is actually a cash deposit instead of a bond. Ms. Marty Butler, Trans West said, in response to the dust issues, they have a full PM-10 Plan in place and implemented. They have sufficient trucks and have glued down the soil. They fully follow the PM-10 Plan and have had no citations from the City of La Quinta. Wind also comes from other properties and she acknowledged that the neighbors do have dust, however, they religiously follow their PM-10 Plans because if they do not they will be fined by the AQMD. When the wind blows, the Van Hursts call AQMD and they do come on the site and see that we are following the PM-10 Plan. She added, she was sorry if someone has dust, but they were following the PM-10 Plan. Chairman Alderson asked if the PM-10 control was primarily water or soil control. Ms. Butler said both and their water bill was extremely high. They have to keep up with the control or they will have AQMD and the City of La Quinta citing them. P:\Reports - PC\2008\12-09-08\Finel Minutes 11-12-08.doc 11 Planning Commission Minutes November 12, 2008 Commissioner Quill asked if AQMD was called and they made visits, did the applicant have any pending litigation, fines, or citations with AQMD. Ms. Butler said, in the last three years, they have had only one citation and it did not have to do with grading. Chairman Alderson said these people are talking about dust control measures and they are getting an inordinate amount of sand. Ms. Butler said the wind does blow and they are doing everything that is asked of us and going the extra mile to control the dust. Chairman Alderson said once construction starts there will be problems. He asked if the applicant will be pulling a grading permit soon and will go forward with the project. Ms. Butler said yes. Chairman Alderson said if they proceed with construction, shortly, this should put to rest some of these problems. Commissioner Weber said if the landscaping was done on site then the underground utilities would take place and would that address the sewer system issue. Ms. Butler said no. They contacted the neighbors and they were interested in connecting to a sewer system. Trans West offered a memorandum of understanding, without a time frame, to complete this. She said they submitted an agreement that as soon as they worked on the Monroe Street improvements they would work on the sewer system. They did give them a rough timing, but in today's economy they cannot give them a more definite time frame. Commissioner Barrows said the application mentioned six to eight months. She asked when the construction would occur. Ms. Butler said they would begin right away. They have set aside funds for this improvement. Commissioner Barrows asked if this could happen within a matter of months. Ms. Butler said yes. Commissioner Barrows said she was not familiar with the use of landscaping and soil stabilizer, but asked about a ground cover being more effective. Ms. Butler said the site is very tight. The pastures will remain the same. The two houses will remain. The front area will be grassed. They will be doing some surface grading and planting around the arenas. They will immediately begin building these buildings. Commissioner Quill said it appears that the issue is not so much the Saddle Club as the project to the west and asked if that had been graded. P:\Feports- PC\2008\i2-09-OS\Final Minutes 11-12-08.doc ).2 Planning Commission Minutes November 12, 2008 Ms. Butler said yes. The due west site is approximately 2/3 graded and the northeast section has been rough graded and soil stabilized. Commissioner Quill referenced Commissioner Barrow's point about planting ground cover such as winter barley done as a buffer which can be very effective in knocking down the dust from the areas on the other side. Ms. Butler said they are not opposed to that. Commissioner Quill said once that's established you can turn the water off and then they would not have to worry about the soil crust being disturbed. Commissioner Quill asked about the current sales and Ms. Butler said they had one a week ago and one a month ago. They have been averaging about one per month. They usually have more success during the season because they are very high end and especially wanted to capture the horse people during the season. Commissioner Quill asked if the comments from the sales department have been they need to finish the amenities. Ms. Butler said yes. Commissioner Wilkinson said there were funds for grading, but were there funds for construction. Ms. Butler said not construction, but for the sewer construction. She explained when the project would be done. Commissioner Wilkinson asked if the funds were in place to do this part. Ms. Butler said they were for the Saddle Club. Commissioner Wilkinson said Ms. Butler mentioned they were using soil cement and water trucks. Ms. Butler said they were using both on all of the site. They were using two to four water trucks. Commissioner Wilkinson asked if it had been two years since it was soil stabilized. Ms. Butler said no, it had been done recently. Commissioner Wilkinson asked if there was any type of bond that was established for the Griffin Ranch residential area to handle this type of situation. Principal Engineer Wimmer said condition no. 22, page 15, of the staff report covers that very issue and then read it. He added, with every project there are fugitive dust control measures and that condition had been included in the packet. P:\Reports - PC\2008\72-09-08\Final Minutes 11-12-08.doc 13 Planning Commission Minutes November 12, 2008 Commissioner Wilkinson asked if staff was familiar with any complaints from that area. Principal Engineer Wimmer said that is a different section of the Public Works Department but he would be happy to look into it. Commissioner Wilkinson asked if Ms. Butler had met with the homeowners. She replied she had met with them previously, but not recently. She met with them as a group. She said Trans West projects are well received and they believe in customer service. Commissioner Wilkinson said there is something seriously wrong when you have complaints like this. He is conflicted. He likes the project. but there needs to be some type of vehicle available to satisfy some of these situations. He knows about PM-10 because he is certified. You can't control dust from project to project, but once it's on your project it's yours. You have to find a solution. Ms. Butler said they are concerned about PM-10 and have worked with the Public Works Department. They are willing to work on additional PM- 10 issues. Commissioner Wilkinson said he sees and problem and would like to see how it can be solved. Commissioner Barrows said she wanted to follow up on the comment on the monitoring of the project. Ms. Butler said they do the whole regimen. Planning Director Johnson said there is, with regard to the residential component, an active grading plan with security in place to address that. There is also a subdivision improvement agreement and he wanted to clarify that. Commissioner Barrows said she assumed the conditions of this project are also imposed on the residential project. Staff responded those conditions are similar to the established subdivision. Commissioner Weber wanted to address two things: 1) he wanted to asked if the status was as a result of the Art in Public Places Program. Ms. Butler said yes. That is something the developers contribute to, not the City. 2) Regarding the EPA activities, he asked if she could give then a brief synopsis. Ms. Butler explain the situation of what was happening in 2001 /2002 and the consequences. P:\Reports - PC\2008\12-09-08\Final Minutes 11-12-OS.doc 14 Planning Commission Minutes November 12, 2008 Commissioner Barrows explained the situation with the Valley being out of compliance with EPA standards. Commissioner Weber said the issue we are addressing, while these are real concerns, the Saddle Club is a distinct project with PM-10 ranch dust issues, but we need to move forward. Chairman Alderson asked Ms. Butler if she were amenable to revisiting her PM-10 Plan. Ms. Butler said she was and she would take any additional recommendations that the Public Works department had. She acknowledged that it was a possibility their plan was outdated. Chairman Alderson said that was an excellent suggestion. He added seeding that site would address a lot of their concerns. Immediate construction on that site is going to be a problem no matter when you build it. The neighbors have concerns and these recommendations could be helpful. Chairman Alderson suggested staff schedule an updated PM-10 Plan meeting and added it would be helpful to have water trucks twice a day, during a wind storm. Chairman Alderson said there would be a new review meeting and those items could be reviewed. Ms. Von hurst said her family has been neglected for two years. There have been over 100 complaints. People who have previously made complaints have moved out. When she requested retrieval of the complaints, from June Greek, they were unavailable. Raoul Martinez came to their home and promised to have something done. They had records and now they are gone. This is not a good reflection on the City of La Quinta. This is why they had to sue. In regards to the AQMD, Katherine Woodward said it takes two hours to come from Riverside to their home and they have to see the situation with their own eyes. She disagreed with Ms. Butler on the number of reports and the fact they were not cited. If they had been cited the Von hursts would still be enjoying their home today. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. P:\Reports . PC\2008\12-09-08\Final Minutes 11-12-08.doc 15 Planning Commission Minutes November 12, 2008 Commissioner Weber reiterated the issue deals with the Saddle Club site. He would like to see the developer and staff work to resolve these issues. Commissioner Barrows questioned staff on how the issues were being covered on this property versus the residential property. City Attorney Jenson said the applicant agreed the Commission could impose a condition on the site. The Commission had the authority to do that. Commissioner Barrows said she liked the suggestion of the cover planting. Commissioner Quill commented that the public complaints had to do with issues with the developer and not the Saddle Club. He referenced the developer's comments on the sale of one house per month and the amount of time it will take before the sewers are actually put in. That project will not be possible at this time. He said it was commendable they were willing to do it in the first place. He added somebody has dropped the ball; whether it is AQMD, the City, or the developer, because the people present were obviously being inundated by sand. Dust is a fact of life out here, and it's not just because of the developers. There needs to be some control of the dust to the west of this project. He suggested seeding and planting of dust control buffers and thought that would be a proper solution. It would also assist in water conservation efforts. Commissioner Wilkinson commented the conditions referred to two different projects, but the same owner, and was concerned about compliance. He wanted to make sure there was some type of requirement for Trans West to come back and verify that something was getting done on the soil sealing and PM-10 issues. Planning Director Johnson reiterated what the City Attorney mentioned earlier regarding addressing this with a time extension, by adding a condition requiring review of their PM-10 Plans. City Attorney Jenson said if the Commission wanted more "teeth" in the condition, they could say the developer had to be in complete review and compliance before they can pull any building permits. Commissioner Wilkinson asked if this was a one year time extension. Planning Director Johnson said it had been identified as a year, but could be modified. P:\Reports - PC\2008\12-09-08\Final Minutes 11-12-OB.doc 16 Planning Commission Minutes November 72, 2008 Commissioner Quill asked if that was one year to start. Staff replied it was actually about ten months, based on the original application's expiration date. Commissioner Quill asked if the project would take one year to start; not complete. Staff said yes. Commissioner Wilkinson said he wanted to make sure there was a plan of action in place. His concern was if the economy continued to go awry the City would be in the same spot without one. City Attorney Jenson said what staff suggested was the developer would have to pull permits so the Commission would be in control of the amount of time of the extension. Commissioner Wilkinson asked if there was a way to extend this so it was not related to pulling permits. City Attorney Jenson explained the options and difficulties with setting a time frame rather than relating the extension to pulling permits. Chairman Alderson said another option would be when they pull a grading permit. City Attorney Jenson said you could then add a condition which states they cannot pull the grading permit until they have gotten the review on the residential site and were in compliance with the additional requirements. Commissioner Wilkinson asked how that would be achieved. Staff replied by holding the bond. Chairman Alderson suggested grading be held up until a new PM-10 Plan is in place Commissioner Barrows made a motion requesting the applicant be required to have a review of the Griffin Ranch residential area PM-10 Plan, which would include representatives from AQMD, the City, and a representative of the Estates at La Quinta Homeowners' Association. She added interim landscaping should be considered as an option and said the PM-10 plan should be completed and reviewed prior to the issuance of any grading permits. P:\Reports - PC\2008\ 12-09-OB\Final Minutes 11-7 2-OS.doc ). ~ Planning Commission Minutes November 12, 2008 Commissioner Quill suggested staff could check further on the PM-10 Plan and report back at the next meeting. Chairman Alderson asked if the applicant had heard and agreed to the conditions. Ms. Butler said yes. There being no further discussion, it was moved and seconded by Commissioners Barrows~Weber to approve Minute Motion 2008-017 for Site Development Permit 2006-866, Time Extension No. 1 with the addition of the following condition: 85. Staff shall conduct a review of the applicant's PM-10 dust control plans for Griffin Ranch involving the South Coast Air Quality Management District, Public Works, and a representative of the La Quinta Estates Homeowners' Association. Dust control measures shall be reviewed and approved by staff prior to the issuance of grading permit for the Saddle Club. Unanimously approved. Chairman Alderson requested a break, in the meeting, at 9:20 and the Commission reconvened at 9:29 P.M. C. Sian Application 2008-1309• a request of 51025 Mendoza, LLC. for consideration of a proposed sign program for atwo-story 4,036 square foot building, located on the southwest corner of Calle Tampico and Avenida Mendoza. Chairman Alderson opened the public hearing and asked for the staff report. Assistant Planner Yvonne Franco presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked about the ten day time frame for removal and repair of signs. Staff replied it was up to the landlord. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. There being no applicant comments Chairman Alderson asked if there was any public comment. P:\Reports - PC\2008\72-09-OS\Final Minutes 11-12-08.doc 18 Planning Commission Minutes November 12, 2008 There being no public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There being no further discussion, it was moved and seconded by Commissioners Quill/Barrows to approve Minute Motion 2008-018 for Sign Application 2008-1309 as submitted. Unanimously approved. D. Environmental Assessment 2008-602 and General Plan Amendment 2008-112; a request of the City of La Quinta for consideration of an Amendment of the La Quinta General Plan Circulation Element, amending Exhibit 3.3 Street Cross Sections -City Streets, Exhibit 3.5 City Roadway Classifications, and Exhibit 3.10 the Multi-Purpose Trails Map, located City-wide. Chairman Alderson opened the public hearing and asked for the staff report. Principal Planner Andrew Mogensen presented the staff report, a copy of which is on file in the Planning Department with the addition of two letters submitted prior to the meeting which are on file in the Planning Department. Commissioner Quill asked if the City has looked at these plans, regarding conformance, with CVAG's intention for trails in the non-motorized plan section, of their transportation plan for the Valley. Planning Director Johnson said CVAG is currently in the process of updating the plan and have not been consulted as yet. He said this is not viewed as being a non-conformance item and it is actually introducing more multi-purpose trails. It is only proposing the elimination of two segments of trails which were problematic. This will actually provide greater and better access and circulation. Commissioner Quill asked about the addition of trails and an explanation of those trails. Staff explained the history of multi-purpose trails and the reason for the changes. Commissioner Wilkinson asked which one of these widths would be more like Madison. Planning Director Johnson said the modified secondary arterial B, with the exception of four lanes, would be comparable to P:\Reports - PC\2008\12-09-08\Final Minutes 11-12-OS.doc 19 Planning Commission Minutes November 12, 2008 Madison Street, north of Avenue 60. None of these exactly fit and that was why they were noted as modified. Staff then gave a more detailed explanation of the widths. Commissioner Quill asked about the bike and pedestrian lanes. Staff explained what was being changed, as well as what was currently there. Commissioner Weber expressed his concern about receiving letters on the day of the meeting and asked if that could be prevented in the future. City Attorney Jenson said the public can submit letters right up to the convening of the meeting. Planning Director Johnson explained how the meeting had been publicized and notices had been directed to folks who would be affected. Commissioner Quill had a question regarding a letter referencing the widening of Avenue 62. Staff explained what was being referred to and what was actually proposed. City Attorney Jenson added clarification on the staff's explanation regarding the road over the dike. Commissioner Quill asked about the adjacent property to the south of the existing right-of-way and any burden on the owner of that property to develop it. Staff said that was actually in the County's jurisdiction. The General Plan of the County calls out for a condition similar to what the City has currently identified in the General Plan. Commissioner Quill asked if there had been any communication with the County regarding reducing the street width of the proposed Avenue 62. Staff said they have been in contact with the County regarding their intentions. Commissioner Barrows said it was kind of challenging to come to a decision after receiving letters which were submitted so late. Chairman Alderson and Commissioner Quill both asked for clarification on the four modified street sections from the General Plan for specific streets. Staff explained the sections in question. P:\Reports - PC\2008\72-09-08\Final Minutes 11-12-O8.doc 2~ Planning Commission Minutes November 12, 2008 Chairman Alderson said there is no action in the immediate future, just when they are done. Staff replied that is correct and added there is one project that was approved two-and-a-half years ago (Coral Mountain) which has a two phase build out. He then explained the impact of this change on the project. Chairman Alderson asked if it was landlocked until the extension of Madison Street. Staff said there was not a street established, but it is reachable. It is not an established street at this time. There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. There being no further applicant comments Chairman Alderson asked if there was any public comment. Margo Thibeault, MSA Consulting, Inc., 34200 Bob Hope Drive, Rancho Mirage, CA, spoke on behalf of Mr. Howard Keck who owns 235 acres of land on the south side of Avenue 62. She apologized for the lateness of the letter she submitted to the Commission and explained the circumstances. She said they felt the widening of the dike was unnecessary to accommodate the traffic in the area. Currently the right- of- way was divided between the north and south sides of Avenue 62 and explained their position of negative effects on Mr. Keck's property as stated in the letter dated November 12, 2008 and submitted to the Planning Commission prior to the meeting. Commissioner Quill said Avenue 62 on the General Plan was already going over the levee, so there would be a connection to Jefferson and Madison Streets as well as Avenue 62 and provide three points of ingress and egress. Staff said that was correct. Commissioner Quill asked what the staff's traffic analysis said. Staff explained what was found in the traffic study, based on Avenue 62, trip amounts were less than were warranted for a four lane road. He also explained the reason for the need for the General Plan changes, as requested, and the benefits of those changes. Commissioner Quill said the Travertine project has been on the books since the late 1980's. The present state of the economy will preclude it from developing for the next several years. He explained the effects of the alluvial fan area and said this is also one of the recharge areas for the Coachella Valley Water Basin. He questioned whether development will P:\Reports-PC\2008\72-09-OB\Final Minutes it-12-08.doc Z), Planning Commission Minutes November 12, 2008 ever be allowed to occur on the uphill side of the levee and said it was a stretch to plan for something to be developed in an area that may not be developable due to the flood and habitat issues. He asked why this was so important in the General Plan. City Attorney Jenson said part of this was due to the Coral Mountain project going forward, and with reimbursement and other complications they were having to build the street out to the greater width and explained the importance at this time. Staff added that another part of it comes from the interaction with the property owner of the Travertine area. Staff is looking at the Specific Plan Amendment Review. Staff's interest here is in looking at the long term objective. We don't know what and when something will develop out there, but based on one entitlement in the area, we have looked at the 2002 General Plan. Commissioner Wilkinson asked Ms. Thibeault her recollection of a previous discussion about expanding Avenue 62 to more lanes. She replied that was the South Valley Parkway in the County which he was referring to. Ms. Thibeault added she did not know if Mr. Keck's property was going to be included in that plan. She said Trilogy, Hoffman, and Mr. Keck will be bearing the burden of this improvement. City Attorney Jenson pointed out that Mr. Keck had not been required to pay any of that and explained the particulars of his participation on the roadway improvement. Commissioner Quill commented it was in the County not the City. City Attorney Jenson there is some power to do eminent domain outside of your jurisdiction. Commissioner Wilkinson asked since this is in the County's Redevelopment Area, couldn't they use their funds. Staff said they could. P:\Reports - PC\2008\72-09-08\Final Minutes 11-12-OS.doc 22 Planning Commission Minutes November 12, 2008 Chairman Alderson asked if Mr. Keck's main concern is land loss. Ms. Thibeault said it was and reiterated her concerns about the elevated road. Chairman Alderson noted Commissioner Quill's comments about the use of the land over the dike and said Jefferson Street needs to be there to facilitate that; ultimately it's got to happen. Commissioner Quill asked about the process of the Travertine Specific Plan and how the possibility they could wind up with a significantly reduced number of properties, and that resulted in a significantly reduced number of trips, could the City then reduce and get rid of one of the three legs. He gave the example of less traffic. City Attorney Jenson commented on the issues of concern, such as 1) from the standpoint of demand, 2) emergency services access, and 3) the Fire Department's concern about response time in that area. The City is proposing a fire station in that area and the access provided by Avenue 62 Is a key element. She continued, there are property owners other than those in front of you, and Section 5 is divided in a strange way. Avenue 62 is the roadway that actually goes to them and she was concerned that we would take an affirmative action to eliminate the road. Commissioner Quill had concerns about developing in a flood area since you would not be able to evacuate people during a flood. The burden of those services should be placed on the person who chooses to develop in that type of area. He explained what could happen during a flooding scenario and said it was not safe to be up there. Chairman Alderson said the Commission's job was to approve these road sections. Mr. Jim Hildenbrand ,77-852 Wildcat Drive, Palm Desert CA introduced himself and said he previously addressed Council and explained that they are going forward. He added that the original project was a very intense project and the new one is much less intense. He then explained his concerns as noted in the letter submitted to the Planning Commission on November 12, 2008, and on file in the Planning Department. P:\Reports - PC\2008\72-09-08\Final Minutes 11-12-08.doc 23 Planning Commission Minutes November 12, 2008 Commissioner Quill asked if Mr. Hildenbrand's letter was discussing an alternative to putting in the trails. Mr. Hildenbrand said he was concerned about the road sections and shifting them to the east. Chairman Alderson asked if he meant the extension of Madison Street. Mr. Hildrenbrand said yes and also mentioned the addressing of Avenue 62 as noted in their letter. He then addressed the concerns of the Fire Department and the options available to them. He added he was in support of the General Plan changes with the exception of extending Avenue 62 over the dike. Commissioner Wilkinson asked staff if this offset complied with City Standards. Planning Director Johnson said it is his understanding that Mr. Hildenbrand is proposing taking modified secondary arterial A and shifting it to provide a larger shoulder. He said staff could address this with the applicant at the appropriate time and explained how and what would be addressed. He was concerned about the potential problems an offset would cause and gave some examples. Commissioner Quill suggested a compromise would be to take the right- of-way but allow the slope to be in it. Staff said they have been considering the idea, internally, with regards to Madison, south of Avenue 60 where it goes up and over the dike into the recharge ponds and eventually into the Travertine project that maybe we have a situation where there is an all-weather multi-purpose trail on one side. Chairman Alderson said the bottom line was staff could work with the developer. Commissioner Barrows asked Mr. Hildenbrand a question about the extension of Avenue 62 over the dike and public safety. Mr. Hildenbrand said as part of Travertine we'll have Madison and Jefferson Streets in place. There is an existing roadway today. There are enhancements to that on an emergency basis only. He explained the other options available for the public safety issues. Commissioner Barrows asked the current width of that existing roadway. Mr. Hildenbrand said he guessed it was 30 feet or so. Commissioner Barrows asked if it was two lane. Mr. Hildenbrand said it was a gravel road. Commissioner Barrows pointed out to staff that concurred with Mr. Keck's letter regarding keeping the street width at 30 feet. P:\Reports - PC\2008\12-09-08\Final Minutes 11-12-08.doc 2.4 Planning Commission Minutes November 12, 2008 Planning Director Johnson said it was important to point out, on the modified collector street, there is an asterisk and below showing there could be modification to the width in that design when circumstances warranted it. One of those circumstances could be the crossing over of the dike. We are not anticipating a street cross section up and over the dike that would exactly match what is shown tonight. We would have to make sure it would adequately accommodate a two lane road. Mr. Hildenbrand responded to Commissioner Quill's comments relating to obtaining the correct right-of-ways. Ms. Gayle Cady, 82-831 Avenue 54, Vista Santa Rosa CA, as an individual and a 4"' District Representative for Roy Wilson Trails Committee said with regards to Travertine, the dike, and the Martinez Rock Land Slide there are three faults dead center and a flood zone in the center of Travertine. She wanted to comment on the changes proposed by the City of La Quinta. She explained about the trails in La Quinta. It would be a shame and a travesty to be erased off the map. And she had a proposal to enhance the trails. She handed the copy to Chairman Alderson. She then gave some background on the Travertine project and some history on the Martinez Rock Slide avalanche. One of her proposals was to extend anon-motorized, all purpose trail around the mountain. She gave background on a new trail. The reason she was showing this was to illustrate greater trail access. She explained why these were important and what she was proposing. She said she needed to get together with staff to go over what was being proposed. Chairman Alderson asked if staff could go over this with Ms. Cady. Planning Director Johnson said the Boo Hoff Trail was still included. The new plan eliminated routing over Section 5 properties, which were privately held, and it would be difficult to obtain those properties as conservation easements. Ms. Cady said the National Monument line goes right through there. She explained where the trails were shown on her map. Staff said they would discuss the map and trails with Ms. Cady. Ms. Cady brought the map up to the dais for the Commissioners to look at and staff said they would be happy to work with her on this. P:\Reports- PC\2008\i2-09-OS\Final Minutes 11-12-08.doc 25 Planning Commission Minutes November 7 2, 2008 Ms. Betty M. Smith, 82-470 Avenue 54, Vista Santa Rosa, CA, commented Ms. Cady and Commissioner Quill were right about the trails. She was happy to hear the Boo Hoff Trail would be left open. She said they would be able to ride from here to Palm Springs on those trails. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. Commissioner Quill said a lot of these maps show the CVRPD proposed trails along the levee. The Bureau of Reclamation generally supports trails on their properties. He asked if there was any logic or reason why the City would want to show a path along the top of the levee. Staff explained about the upcoming major update to the City's General Plan Commissioner Barrows concurred with Commissioner Quill's comments on the alluvial fan. She knows the trails and was totally confused by the map on the screen. She asked for some clarification and staff gave her an explanation of the areas outlined on the map. There was discussion that a short continuance might be justified. Commissioner Barrows said she would feel more comfortable with that and asked if that created any problems for staff. Staff replied no. Chairman Alderson asked if there were any time constraints. Staff said it would be no problem if it would help the Commissioners. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There being no further discussion, it was moved and seconded by Commissioners Quill/Barrows to continue discussion of Environmental Assessment 2008-602 and General Plan Amendment 2008-1 12 to the Planning Commission meeting of November 25, 2008. Unanimously approved. VI. BUSINESS ITEMS: A. Site Development Permit 2008-902; a request of Madison Square; Sobel Development for consideration of perimeter landscaping (sidewalks) located at the northeast corner of Highway 1 1 1 and Dune Palms Road. P:\Reports - PC\2008\72-09-08\Final Minutes 11-12-OB.doc 26 Planning Commission Minutes November 12, 2008 Chairman Alderson opened the public hearing and asked for the staff report. Planning Manager David Sawyer presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if the applicant had made all the changes as previously requested. Staff commented on the berming being left out at this time because of the level of the parking lot, the height of Dune Palms Road and screening at the fast food restaurant and said staff was satisfied those items were met. Commissioner Barrows asked if it was an eight foot or ten foot sidewalk. Staff explained about the eight versus ten foot sidewalk. The applicant proposed as an eight foot sidewalk which is the City Standard and matches the one across Dune Palms. Chairman Alderson asked if it matched the sidewalks nearby. Staff replied yes. Chairman Alderson said on Dune Palms Road, in the northern-most portion of the project, on the north side of Building One, there is a planter but no sidewalk. He asked how pedestrians were supposed to get around to Building One without walking in the street. Staff said that area is an area that could have a sidewalk placed there, other than what is proposed. Staff then explained the layout. Chairman Alderson said the biggest concern of the Commission was the fact that the High School students would be walking across the flood control channel and now they would be walking in the street. Staff suggested the applicant address the concern and explain their proposal. Commissioner Weber said in the staff report it does talk about the lack of addressing the landscaping and the berm. He was concerned about those issues. Commissioner Weber said Attachment 2 has been revised from what was previously shown on the screen. Staff replied it was landscaped. Commissioner Quill said he just wanted to make sure they include the piece of sidewalk on the north end . P:\Reports - PC\2008\12-09-08\Final Minutes 11-72-OS.doc 2~ Planning Commission Minutes November 12, 2008 There being no further questions of staff, Chairman Alderson asked if there were any applicant representatives or comments. Mr. Brad Soble, the applicant, said in regard to the northernmost corner, they would put in a sidewalk if the Commission wanted one. He then explained the traffic situation. He said they took two passes at this design, one after the previous Planning Commission meeting and one after the previous City Council meeting with concerns about the sidewalk on Dune Palms and one on Highway1 1 1. They tried to make everybody happy by berming and showed the last revised conceptual landscaping. That was summarily rejected by the Mayor. They ended up with what was shown today with no berming on Dune Palms and all the berming on Highway 111. He explained the berming layout. Chairman Alderson said near the fast food restaurant there is a three foot stucco screen wall and asked if that was a retaining wall. Mr. Sobel said it was not. Mr. Sobel said based on their initial meeting the Commission requested that they return with the final landscaping plan. Since that time it has become apparent that would hold up their grading plans. He wanted to make sure the intent was to clarify the Commission's questions and they could move on to the Planning Department normal operating procedures. Commissioner Weber had one comment regarding the sidewalk adjoining to the northwest corner, encouraging traffic to go alongside the homes. He was worried that would be a concern until a bridge goes in. He suggested a sign be put in. Commissioner Weber said the way it is landscaped now it would discourage pedestrian traffic to go north. He would encourage that. That it is not a through sidewalk and approved passage for students. Commissioner Barrows asked if he wanted them to travel on the west side of the street. Commissioner Weber said he was just worried about liability, from a risk management standpoint. He didn't want to infer that was an approved passageway. P:\Reports - PC\2008\72-09-OS\Final Minutes 11-12-OB.doc 2$ Planning Commission Minutes November 12, 2008 Mike Sutton, RBF Consulting, 74-130 Country Club Drive, Palm Desert CA, introduced himself and pointed out the fact there is a sidewalk along the Wash but once you get past the Wash there is no sidewalk. He said there was a trailer park there with no frontage sidewalk. Commissioner Quill asked if the trailer park was a City-owned redevelopment project property. Staff said no. Planning Director Johnson explained the layout of the roadway. He said it may be a risk until the bridge and/or a signal could be included. He discussed the shoulder of the road. He discussed visibility on the north side versus the south side of the Wash. Heavily used. He didn't know if there was a lesser of evils. By allowing the opportunity to make that connection. You are allowing for the potential of greater visibility. North connection provides a better opportunity. Commissioner Weber said practically speaking he agreed, but he was very concerned and still wanted the signage about a legal crossing. And explained how he would want that to happen. Chairman Alderson agreed with Commission Quill's comment that kids are going to cross that one way or another. Commissioner Quill said he believed there would be a solution someday. The mobile home park will not be there forever and there will be a sidewalk there its important that we put it in; if not, then we must take out the sidewalk all the way back to Corporate Center Drive. Commissioner Weber said he wanted the sidewalk in and the warning signage included. He wanted to make sure the Commission did not do something to put the City in an awkward position. Commissioner Wilkinson had several questions about traffic signals at Adams Street and Westward Ho Drive and at Corporate Center. He wondered if the students could be directed if a signal was there. Staff said we would never designate a sidewalk without the signal being there. He explained the visibility in the area and the fact there was no way to put in a secure cross walk in at this time. Chairman Alderson asked what the Mayor's concerns were. Staff explained they related to where the crosswalks were and where people actually cross. P:\Reports - PC\2008N 2-09-OB\Final Minutes 71-12-OB.doc 29 Planning Commission Minutes November 12, 2008 Commissioner Wilkinson asked for clarification on walking on the west side of the Wash versus the east side. Staff explained the distance. Chairman Alderson asked where the pedestrians go. Staff explained the connection to enter the sidewalk. Chairman Alderson asked if the Commission had to look at the final landscaping plans. Staff said Condition No. 79 was established on July 22, 2008, that said it would have to be approved by the Planning Commission. Staff read the condition stated at that time and said Mr. Sobel is asking for reconsideration of that condition. Chairman Alderson asked if the applicant indicated they were going ahead with construction. Mr. Sobel said they have restructured and they are 93% leased in Phase One and they just signed a new tenant. Chairman Alderson asked where Phase One was. Mr. Sobel said it included Buildings 3, 6, and 5, and explained the phasing of the project. Mr. Sobel said they are in the process of re-negotiating a construction loan. Everything is very expensive and, with the revamp of what they've done, their landscaping has gone up 565,000 since the last meeting. He was concerned about LA Fitness deciding not to come. Mr. Sobel also discussed the water quality plan and the different ways to make that work. Every dollar is critical and they need to make sure their project stays solvent. There being no further applicant comments Chairman Alderson asked if there was any public comment. There being no further questions, or public comment, Chairman Alderson closed the public participation portion of the meeting and opened the matter for Commission discussion. There was no further discussion, and it was moved and seconded by Commissioners Barrows/Quill to approve Minute Motion 2008-019 for approval of the perimeter landscaping (sidewalks) for Site Development Permit 2008-902 as submitted with the following additions: a. There be an addition of a sidewalk in the northeast portion of the project. P:\Reports - PC\2008\12-09-08\Final Minutes 11-12-OB.doc 3Q Planning Commission Minutes November 12, 2008 b. The final landscaping plans be reviewed by the ALRC and do not have to be reconsidered by the Planning Commission as required in Condition No. 79 of Resolution 2008-021 for Site Development Permit 2008-902. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: VIII. COMMISSIONER ITEMS: Chairman Alderson gave a report on the City Council Meeting of November 4, 2008. Commissioner Barrows is scheduled to present the next Council report. Planning Director went over some of the items that would be discussed at the Joint Meeting, November 25, 2008, at 5:00 p.m. in the Study Session room. IX. DIRECTOR ITEMS: None X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners 1 to adjourn this regular meeting of the Planning Commission to the next regular meeting to be held on November 25, 2008. This regular meeting was adjourned at 1 1:28 p.m. on November 12, 2008. Respectfully submitted, (.('/Q~~ Carolyn alker, Executive Secretary City of La Quinta, California P:\Feports - PC\2008\12-09-08\Final Minutes 1 t-12-08.doc 31