Planning Commission - Regular Meeting

[Music] Ladies and gentlemen,

thank you for attending our October 8th planning commission meeting. I call this meeting to open at 6 pm. Okay. Madame clerk, can you please call roll? Commissioner Nighton, here. Commissioner Ramirez here, Commissioner Thomas here, Vice Chair Holler here, and Chair Madrid here. Margarita, could you please lead us in the pledge of

allegiance? Pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Okay. Okay. Okay, that takes us to uh I see we have no presentations. We have no pres madam clerk. We do have one presentation. We do have a presentation. Okay.

Yes, chair. Uh I'll be happy to introduce uh who's presenting the item today. uh this is something that we come and and do every year and it's something that we're proud of because we highlight some of the things that we accomplished the previous fiscal year. So I'm happy to introduce both uh Molly Bol and also Laura Esportelli that they're going to tag team this presentation for the commission today.

Uh good evening honorable chair and commissioners. Uh Laura and I are excited to present the annual community development report highlighting our efforts over the last fiscal year. Um as always, we center our focus around our department mission statement to create a healthy, vibrant, and connected community for everyone. Just to give a quick glimpse of the stages a project goes through when it comes into the city. Um the orange dots are the planning division followed by the blue dots of the building division. Um so when a project wants to uh come in it will get submitted to the planning division. It will go through several departments and agency reviews as well as environmental reviews. If any um environmental uh ERS, ISMDs or exemptions are needed um those documents are prepared and once all departments and agencies are approved, we move the application through the approval process to have an official entitlement provided to the project. And at that time uh it switches into the building division where con those actual construction plans can be submitted. Again they are redirected through department reviews to ensure that the construction documents match the entitle entitlement and conditions of approval for the project. And once those departments are approved, the building permits issued and construction begins. Site inspections occur throughout and we achieve the final ultimate goal of issuing a certificate of occupancy to the project.

So Molly, what's the what's the average time been from start to finish? Um it can vary significantly from project to project. Um sometimes our larger um industrial and more complex projects can stay in entitlement for over a year some or more. Um but once their entitlement goes through um building review is generally a little bit quicker and then the construction timeline again it just varies on the project if it's a track or if it's a single tiltup warehouse um anywhere from 6 to 10 to 12 months. Very good. Thank you.

Oh where did the slides go? Did I touch Did I touch it? Wait till the slides come back. [Music] Okay. Uh moving on to some of our department metrics. Our department was very busy this year with both divisions assisting a total of over 7,000 customers and answering a total of over 11,700 phone calls. Our planning division received 214 applications, conducted 654 inspections, and we currently have 258 projects in review. Our building division issued 4,454 permits for a total valuation of $426 million and conducted over 29,000 inspections around the city. Taking a little closer look at the planning division activities. Uh we approved 131 projects which included five new tenative track maps and we had 21 pre-applications uh received signaling an interest growing interest in our commercial developments as 200 several of those pre-applications um in included 211,000 square feet of commercial. And of the 258 projects we currently have in entitlement review, we have 475,000 square feet of commercial, 113,000 ft of office, and over 7.4 million square ft of industrial with three hotels, eight subdivisions, three apartment complexes, and three multifamily developments.

We welcomed several new planning commissioners this earlier this year and our commission approved a total of 17 projects including over 1.5 million square feet of commercial industrial space and 944 residential units adding to our current housing stock. Our community development block grant program was also very active in the community this year, providing funding for several senior programs and youth services. Our firsttime home buyer assistance program welcomed more families to their first homes, bringing the total number of approved loans to five. And our CDBG program also provided our residents with services service programs such as fair housing assistance, emergency food assistance, and hospice care. And with that, I'll turn it over to Laura.

Thank you, Molly. And good evening, everyone. Um, I'll continue on here with our five-year trend for permit issuance. With the exception of fiscal fiscal year 22 23, we trended mostly downward through fiscal year 23 24. However, we continue to manage um high levels of activity and maintain an average issuance rate of 4600 permits per year over the last 5-year period. Although commercial and single family issuances were down in fiscal year 24-25, we saw an increase in miscellaneous permits which change the trajectory in an upward direction. Of our total project valuation of 426 million in fiscal year 2425, 324 million was attributed to single family projects. With the 11 new housing communities shown here, we had 19 active tracks under construction and we issued 824 occupancies.

Excellent. Our home builder of the year, foremost Pacific Group, constructed the Tririccon Meny Rental Community. This community provides a unique approach to diverse housing opportunities within the city by offering an alternative option for residents who are looking for a single family home without the mortgage. The gated community offers 300 petfriendly and maintenance-free single family units with energyefficient and smart smart home features. as well as a number of amenities including a tot lot, dog park, lap pool, and a fitness center.

Okay.

11.8 million of our total project valuation for fiscal year 2425 was attributed to new commercial projects and the total square footage of projects in review was 336,876. In fiscal year 24-25, we had tenant improvements. I'm sorry, we had 18 tenant improvements and 12 new business businesses under construction, including Boulders, Rancho Family Medical, and Chipotle. We also completed 17 tenant improvements and opened five new businesses such as Russoy Baker Pediatric Dental and Shell at Encanonto. And that concludes our presentation. Thank you all for your time. Are there any questions

here? There's no questions then. Thank you Molly and Laura very much. No questions guys. Good. Okay. Okay. So, we'll move on to u item five, agenda approval or modifications. Are there any other modifications to the agenda? We have none. Thank you. Um can I ask a planning commission for an all in favor to approve the agenda, please? I I I I I

Okay. Hearing no none opposed. Agenda is approved as modified. Madame clerk, are there any requests to speak on the non-aggenda items? We do. We have one. Okay.

Bob Ferman. Good evening. I'm uh basically here to provide you folks some information. Uh not asking for anything or don't don't need anything. Uh I am the commissioner of the Meny Senior Softball League here in Meny. Uh we currently play at Audi Murphy Park, but we've been at Centennial, we've been at Wheatfield, we've been at Diamond Valley. Uh and why I'm here is to let you know that I was asked by Mr. Carwin and and uh Mr. Estrada and Mr. Zimmerman that this is a place where things start that needs to help us and that's with the softball fields. Okay, softball and all youth sports are growing leaps and bounds and our city is growing. So there's going to be more and more all the time. Their training and their nutrition and their coaching is making these youngsters as well as us old guys uh better athletes. Uh for example, if you watch the Little League World Series this year, uh they've moved the fences back to 220 ft and there were some kids that are 12 years old or less hitting balls about 240 250 ft. Most of the parks that we played on within the city are only about 270 and 280 and all age groups play there. Uh we have eight teams. We have 120 players and we're currently at Audi Murphy and uh the park is great compared to Centennial because it's bigger. We were at Centennial before, but it's still not big enough and there is an opportunity for the city to make some money. I know that there's two parks being or two park areas being built now in Banner Park and up in Cine Cinnamon

Ridge uh Del Webb area up there. I don't know uh how big those parks are, but mainly if you could talk to the developers when they come into these housing areas, if you could go to a minimum of 300 feet, all the tournaments where they have people come in and for money and pay for money, right, uh would be able to play at some of those parks. So there's opportunity to gain some income if the parks are at least 300. Uh SSUSA which is a parent organization of all softball that's played in the USA. Uh they have a lot of tournaments. We have a lot of softball players in this valley. Okay. Uh there's a small team, a small league in HMT and there's a large league that plays at Paris Valley. uh in the World Championships that just happened in Las Vegas two weeks ago, they had 784 teams in that tournament. We couldn't do that because we don't have the parks here. But, uh there is softball to be played, money to be earned if all the parks, the minimum are 300 feet. For the younger kids, there are provisions for putting fences up at 200 for some of the girls, 240 for some of the the uh Babe Ruth and Little League. So there there is an option to do that. So I'm just giving you information that if the parks were bigger when the developers come to you, you could we we could have some some more business and bring more people into the area for tournaments to use our our city facilities. So that's uh I don't know what happened at the city council meeting last week. Uh

your time is up. Okay. Between Valleywide and the city, what happened with that decision? But thank you very much for your time. Thank you, Mr. Ferman. You're welcome. Appreciate it. Are there any other non-aggenda public comments? None today. Okay, Madam Chair. Thank you. Okay, that takes us to uh item number seven, the approval of the minutes. Um there is one set of minutes for the planning commission's approval. Does the planning commission have any modifications or Adam? Well,

no. Okay. No modifications. Could I ask the planning commission for an all in favor to approve the September 10th, 2025 minutes, please? I I I hearing none. The minutes are approved.

Hearing none approve. Opposed, that is. Okay. That takes us to item number eight to the consent calendar. I see madame clerk there are no consent calendar items. Okay. Thank you. Okay. So now we're going to move on to the uh public hearings. Uh before we begin this public hearing, I'd like to briefly explain the procedures. Okay. Following the staff presentation and any questions from the commission, I will open the public hearing. The publican will then applicant will then have an opportunity to speak followed by members of the audience who wish to address the commission. Each speaker will be given up to three uninterrupted minutes to provide their comments. Please note that the commission will not be able to respond to comments or questions posed during the public comment portion, but may raise questions or issues with the staff or the applicant after the public hearing is closed. Okay. And now we're item 9.1, Fitwell Help Fitness Center. This is item 9.1. Could the community development director please introduce the item?

Chair, thank you. Uh really excited to uh present this item to you today. It's a very unique project. Uh we're excited to have it and present it and Fernando Herrera is going to do the presentation. Very good.

Thank you. Uh good evening members of the planning commission. The item before us is for Fitwell Health PLN23-0150 and conditional use permit PLN23-0151. So here is the project location. It's located um south of Garbani Road um just on the east side of Han Road in the south central portion of the city. The project proposes the development of a 69,618T building which would house a fitness center, multi-purpose center, and museum and approximately um in a second phase a 16,000.

Excuse me. Could you hang on just for a second? Oh, our monitors.

Okay, no worries. I can actually I'll go back. So, I'll go back to the project location so you can see it. So, it's located south of Garbani Road um in the south central portion of the city on the east side of Han Road um and west of Interstate 215. The project consists of the development of a 69,618qt building which would house a fitness center, a multi-purpose center, a museum, and a second phase of an approximately 16,616qt two-story office building. The conditional use permit will allow for the operation of the fitness facility, museum, and multi-purpose center, which would be used as a venue for bodybuilding competition and events. The general plan and zoning designation of the property is economic development corridor community core. And here we have the site plan of the proposed facility. So there's going to be a total of 444 parking spaces required. 468 will be provided. There's going to be one point of access. Um this has been reviewed by fire and an A&M was proposed for the site for an alternative means and measures for fire access. The applicant has worked with the city to ensure that there will be ample landscaping and it will meet the city's design standards. Here we see the proposed architecture of a building. It's going to be contemporary uh but it will complement the aesthetic of Meny. It's going to be high-end. Um it was done by Architects Orange and it meets the design guidelines and standards for the city um that have been outlined in the general plan. The design guidelines as well as the development code.

And here we see another view of what the proposed building is going to look like. Public notices were sent out on September 2nd, 2025 and published in the press enterprise and mailed out to property owners within 1450 ft. Public was notice was posted on site. We did receive standard comments from SoCal Gas, Riverside County um environmental department of of health and the Riverside County Flood Control and as well as a no comment comment from the Riverside Transportation Agency. The environmental determination uh that was found in the ISM andd was that this um this project is going to have no significant impacts and a mitigation monitoring and reporting plan was adopted which identifies all of the mitigation measures required for the project. It is recommended that uh the planning commission approve the mitigated negative declaration based on the findings incorporated in the initial study and the conclusion that the project will not have a significant effect on the environment and direct staff to file a notice of determination and adopt a resolution approving approving plot plan PLN23-0150 and conditional use permit uh PLN23-0151. This concludes staff's presentation. The applicant and staff are available for questions as well as a consultant.

So, commissioners, do you have any questions for staff? No discussion, just questions. I I have two question. Thomas. Yeah. Could we go back to the slide of the um schematic of the overhead of the location of the parcel? Yeah. Near the beginning. Keep going. Keep going. Right there. No, go back. This will work too as well. What's How come there's that triangle space between the freeway and the lot? What's the reason that they're not using that? That's is that that's CALR?

Good evening, Commission. Uh that area is going to be for the offramp on ramp for the freeway for the new Oh, okay. Garbani intersection is going to be there. Okay. Okay. And then I have a question. The is the applicant. Where's the Go ahead. Well, yeah. Go ahead and come up here and Yeah. introduce your name for the record. They get you on the mic and all that. So, yes. Nick Thomas, we're the applicant. We moving ahead. Oh, okay. So, could could we call you back? Certainly. We're in order. I'll ask the question when it gets No, that's good. That's that's fine. after we open the public hearing.

Okay. Any other questions, commissioners? I have one question. So, that did they educate did they dedicate that pro that off-ramp on ramp uh property with this project? Yeah, it's been dedicated for the governing case because there are several types of design on that, but it's been dedicated. We got it. Okay. Thank you very much. Okay. Okay, if there's no further questions, I'll open the public hearing at 6:23 p.m. Uh, Madame Clerk, can you confirm that the item was legally noticed and if any correspondence has been received? It was legally noticed and no correspondence was received.

Thank you, Madame Clerk. Can you confirm? No, we got Okay. So, now here we go. I'd like to invite the applicant to the podium to speak. Now we got you.

Thank you, commissioners. My name is Nick Thomas representing the applicant Fitwell Health. My name is Tracy Victor and I am the vice president of human resources for Fitwell Health LLC as well as controller. So my question is has have you built any similar facilities of this or ran them in other cities?

No, currently we have not. Are there other companies that have done something sim I mean it's very unique. I think it's really cool. I'm just wondering have some sense does something like this exist in other locations by other companies at all other companies. Well, I don't think together combined like our plan is to have the fitness center as well as having an event center

right next to it and being able to offer catering as well as um a museum of fitness and health. So, it's going to be something very unique in that way. And we're super excited because the event center primarily we promote um National Physique Committee and IFBB, that's the in um the Federation for um bodybuilding. So, we promote these fitness competitions in hotel ballrooms primarily. So, we've never been able to do them in our actual own event center. Um they take place on Saturdays and there's about 29 of those a year. Oh

um that we have and then the event center could be used for a lot during the day weekdays for youth sports. We want to really start getting the youth in involved in sport activities as well as it can be used for weddings for concert small concert venue. it has a very multifunctional um space for different events. So that's super exciting and we're looking very forward to engaging the manifi community and engaging families into health and fitness um something we've been a part of for for many years. It we were founded by our founder in 1988 um who started promoting these competitions and now we do natural competitions. We do um competitions for men and women. It's not bodybuilding like it used to be. It's now just way focused on fitness and you know so it's it's very exciting.

What what kind of you talked about indoor sports. So is this is the the right side of it where you hold Yeah. The right side where you hold these bodybuilding or health competitions. Is it built like a basketball court or could you say indoor sport so it can be multi-purpose? What's it what's it going to be like inside? You want to take that over, Nick?

It's it's uh a large open space that can be configured for the bodybuilding events with the stage. Yeah. and then the viewing area or when that event's over, the seating could be cleared out and portable basketball, uh, stansions installed, uh, pickle ball, just about anything that could utilize a large open. So, it has a hard solid surface on the floor. Okay, like that.

And also, the floor can be changed. We've been looking at all different things. We've been to multiple other event spaces in local communities around um and we've seen where they do a lot of you sports like indoor soccer training uh you know the basketball indoor soccer uh all kinds of different things that can take place inside. I've even seen um in Delmare, I take my grandson to a gym there that it's a gymnastic studio and they just have a lot of mats and things like that. So, we can really engage families from from the start of youth things with gymnastics type mat things for for toddlers even all the way through to youth sports with soccer, basketball, um things like that and even grownup basketball tournament type things. What's the legal capacity of the of this area? Not not the gym, but the the event area of as far as capacity of persons

for a uh a fitness event. I think it was seating for 800. Wow. So, it's a Okay. So, it's a good space. Very good. That's pretty exciting because we we need a space like that here. So, and that you're open to other uses. So,

yeah, the other uses is one of the most exciting parts. I mean, well, it is for us as well because we've been doing this, like I said, in in hotel ballrooms between San Diego, uh, San Diego, Anaheim, and then San Jose as well as Las Vegas. And so, it's super exciting to bring a lot of what we do in all these other cities to Meny, but then also um engage the community with other types of things like having a wedding space, having even a city function in there of some sort. Uh just it's so open to so many different things for the community. Wonderful. Thank you.

Great. Commissioner Ramirez,

hi. Thank you for being here. I have a few questions, so bear with me. Um, since there is a museum component to to this facility, do you plan on having museum um exhibits outside of the facility such as like sculptures or anything re related to the museum that could be um in the pathways? Do you Yeah. Incorporated into that? I would say the the planning for the taking uh museum type of elements outside of the facility. Uh could could you move closer to the microphone please?

Yeah, taking those museum elements outside into the common area. Uh that hasn't been directly considered but certainly would be an opportunity. Uh there's planning for multimedia type of presentations as well as sculptures of you know bodybuilding personalities over the years and it it'll be a very unique uh museum that would hopefully gain worldwide type of recognition.

Thank you. And oh go ahead. So, and I was just going to say because we have so many ideas for the museum part of it because again our focus is not just on bodybuilding but on fitness. So sculpt lifelike sculptures of people like Jack Lane, people who really brought fitness to to the population and um so going from and just maybe some Olympic people that were very important um you know so we've had so many ideas as well as having like a lifelike of Arnold Schwarzenegger and you know some of the famous bodybuilders in our time. So

I have to say my mom used to take Jacquel Lane's vitamins so Um, and then, uh, in terms of, so the museum's open to the public, the large open space could be utilized by the public, and also the gym could be utilized by the public. I just want to clarify that. So, it's not it's it's going to be for everyone's enjoyment. Absolutely. Okay. Okay.

No, we're really that's like a huge focus for us is really engaging the community, you know? I mean, and and like I said, for moms, I've I've talked with a lot of moms because my daughter lives close by, and so does Tamer, our president and CEO. And you know, I've talked to a lot of moms, and they they've expressed interest in having things like for younger people and youths. Like a lot of gyms start at age 16, so you can't go to the gym at that age, but we could have a lot of different things that engage kids even at a younger age into into health and fitness. I love that idea because I have three young ones, so that would be quite beneficial.

Yes. That concludes my questions. Thank you, Commissioner Holler. Do you have based on what I've heard a little bit from the applicant? I I will have once we are done with the uh public hearing component, I'll I'll have questions for staff. Gotcha. Thank you, Commissioner Nighton. You have a question. Yeah, I got questions. Um, how many jobs are going to be here?

Well, go ahead, Nick. new jobs. We already employ quite a lot of people, but the whole center is going to open up an opportunity for a lot of new jobs. I think there was 50 that when we were looking at it, yeah, so 50 full-time. I was trying to find that. about 70. Yeah. Approximately 70 new job positions with the center.

And these events, the International Association of Bodybuilding or whatever that Yeah. acronym was. Yes. You said about 30 events a year. Yes. Between the two. So there's the National Physique Committee is the amateur league and then the IFBB professional league is the professional league. And you're going to have people come in from all over. All over. National

all over. They can do international as well. So it's international as well as um as the United States. So and we hold two national competitions each year that have over 600 athletes competing again all the way from bodybuilding men to women. That is one of our newest uh divisions is fit model. So it's definitely more for just a fit fit woman um to compete as well. So just a full spectrum of of physique competitions. You saw our previous private presentation. So we're getting hotel rooms. So yes, you can utilize those.

No. Oh, that's a big part of it too is is actually having space for for traveling athletes to to save because people do come from all over the country to compete with our company. And uh you're going to rent this out to weddings, other things when you got free time. Yes, we have a lot of free time, too. One of the things that we're short in Meny is places for our nonprofits to hold their monthly meetings. Yeah. They can utilize this space also if you're scheduling permits. Yes.

Okay. No, there's going to be I mean there's going to be a lot of time when you know that event center we can offer it out for for rental for all kinds of activities. I mean it is such a a multi-purpose space. Yeah, I know our nonprofits will appreciate that. Yeah, thank you. Of course. And what's the timeline between the gym and the uh commercial building? Phase two, is that going to be built concurrently or

not concurrently? There's there's going to be a lag probably for that and part of that is to develop the event center and the gym and they cause us to focus on a particular direction. And uh finally, I saw a drawing. What's upstairs? Uh there's some executive offices and meetings rooms. Okay. Which would be a little bit smaller venue. And there's a mezzanine that would also be set. Okay. I just didn't see a drawing, so I didn't know what you guys had planned out there. Yeah. And it could be a fun area for us to do like little press things as well for the center. Media center. What?

Media. Yeah, like a media center. But it also we've talked about having like a podcast going on while the, you know, one of our events is going on. So, kind of like a little media center that overlooks down into the event center where you could be talking about an activity that is going on down in the event center. Um, so just all kinds of ideas like that. Thank you. Other questions? I have one question kind of arbitrary. Why did you choose Medafy? question.

Well, I know I know Tamer Algindi um he lives out here in Mya. He has two homes out here and he just loves the area. So, and Meny is just um you know, I think it's just so beautiful and fast growing for us and I think that we can just engage this growing community and offer a lot to it. So, um it's just been in our sights. Okay. Yeah. Thank you, Tracy. Um, do you accept uh the conditions of approval? Yes. Yes, you approve of that. Okay. All right. Are there any other questions for Tracy

or Nick? Okay. I thought I was done. Um, so the kitchen portion, is that going to be like an operated cafe or is that just for um special events only? Uh it would be uh principally for the event center, but there might be a juice bar element to that or they would service the gym population on a daily basis or for a catered event, right? Serve it out of that kitchen. Thank you. Thank you. Thank you very much. We appreciate you.

Thank you, commissioners. Great project. Thank you. I think see how we vote. Um, so due to the fact the planning commission has no other questions, Madame Clerk, I have staff questions. Um, I am going to not yet. I will. So, Madame Clerk, are there any requests to speak or would anyone in the audience like to make a public comment? No request to speak.

No one in the audience. Okay. Okay. Here we go, Evan. Okay. I will close the public hearing at 6:39 p.m. Does the planning commission have any other comments or discussion? Commissioner Holler? Yes. Thank you, Mr. Chairman.

Yeah. Um, so I I think your description was was apt when you said this is unique. I haven't quite seen a mix uh like this. Um, I uh I think it's very interesting and and I think the location uh is suitable. I I like the project. I I do have some questions for staff. They're more technical development code issues. So, I'm going to direct my focus over here. So, when I read through the agenda report, I didn't read anything about catering. I didn't read anything about the number of events per year or weddings. I didn't see anything like that in the agenda report. So, that was a little bit of a surprise to hear that

the the um conditions of approval, there's conditions of approval that uh do require the applicant to uh come back and do special uh process in case there's certain events that are outside of the main event that we need to may take a look at it and require other things. So, um, obviously the approval it's it's uh flexible because again it's it's unique and and we don't have all the specifics in terms of what they're doing, but uh anytime there will be uh a an activity outside of of of the main function, they have to come to us and see if there's anything that we need to work with them. So, uh that is included as part of the conditions of approval, but um that that's a requirement they have to do. So, and and I understand that I also didn't see I didn't hear until just now the the um occupant load for the assembly use. So, if I can make a request for in the future, those that kind of information would be very helpful for me as a commissioner to read in the agenda report so I don't have to plow through how many COAs are there.

So, anyway, you get the picture. So, too many. I would I would like to see that information upfront. Um I I didn't know that, you know, weddings and other events were considered as a part of the use permit. So I I um I would just in the future like to see that kind of information. I I think that would help me make this decision. Um a couple of other questions. So on the access road off of Han, what is that little the little culde-sac there? What is that called again?

Sir Court. There we go. So I I saw that there was a parking limitation at Han, but the way that was written, does that mean it applies all the way along that culde-sac? That there's no parking on either side of the culde-sac? Is that correct? Yes, there will be no parking on Sarah because I saw that's 36 feet wide and that's for the mitigation of the fire department for them not to have two access in there

which which leads into the other question. So with with an assembly use with 800, you know, up to 800. I don't know what the actual building uh occupant load is. That obviously is determined later by the building official. But, you know, there's a lot of folks in there and there's the one way in and out along the culde-sac. There's not really any other options on this site. I should probably get closer to the mic. There's not really any other options uh for this site. So, I just want to clarify that the fire marshall has reviewed this. You had referenced alternative uh measures. So there's additional mitigations that that would be evaluated by the fire marshall just to make sure that the facility is safe for that occupancy.

That is correct and that it does meet all the fire and building codes. Correct. Okay. I I already knew the answer to that, but I wanted to ask just to get it on the record because that was a concern to me when I looked at it. So, um, those are the other comments that that I have for now and and again, it would be helpful to have additional information in the agenda report in the future. Thank you. Thank you, Mr. Chairman. Thank you, Commissioner Holler. Uh, Thomas.

Yeah. First of all, I'm in support of the project. I am just so happy to see something jump starting along the freeway. We've been waiting for years for something along here to to get built and this is kind of a unique uh it's a cool idea to me personally. So I think it'll be a jump start to other things. But in regards Ivan to your comments I would hope that tonight we could approve all those uses so that they don't have to come back and be charged fees or coops or anything like that and it would reduce their profitability. So, uh, if we could for the record, and that's that's the rest of the commission is opposed, I would support, um, this being approved for weddings, small concerts, whatever uses are are are allowed in the EDC without them having to be charged additional fees. Um so if if the commission would like so what Orlando is referring to is typically um when a project is approved for the multi-purpose function and events function those are all events that occur within the structure if at the planning commission's uh discretion and um advice that they would like to have the facility approved for outdoor events as well. Uh you could also include a condition in your motion uh specifying that they would be allowed to do that and be exempt from the temporary use.

I would encourage that because this could become a hub just like Santo College across the freeway is where they have the uh dinner Fridays and they have we have the events there. It'd be nice to have a secondary location similar that would be approved for that. Yeah.

Yeah. So, I would con ask the commission to consider allowing the outdoor use as well in this approval if you guys are okay with that. So, I I I think so. Let me just ask a question of staff. So, for outdoor uses, indoor uses I don't think matter, but for outdoor uses um is there additional municipal code section for amplified sound? I don't know how far away I'd have to go back and look. It is to residential. So that would be the only question for the other industrial uses um along this area. I'm not concerned about those, but so that's a question for staff.

Yeah, typically in outdoor use does require what we call a temporary use permit application. Uh that is that's administratively approved. Uh we uh are currently actually revamping our process. We want to make it more uh customer friendly. So, uh, we're modifying the application, modifying the requirements, but it does require a temporary use permit because we do want to check such as noise, especially if it's in close proximity to residential. Uh, maybe there there are other uh activities that are taking place that we haven't considered. So, we use that as an opportunity to to make sure that's the case.

All right. Thank you. So, that was that was the only concern I had. So if you had amplified sound and I also we haven't addressed hours of operation for you know outdoor uses and amplified sound but if you had a concert I heard a concert that you might mention in hosting that you know amplified sound at 11 o'clock at night you know that might not be such a attractive thing in general I agree with your comment right we certainly don't want to have to have them come back for all of these things so with a caveat about that you know that caution then I could certainly Okay. Be in support of that. So they can I'm sure construct the language that is user friendly but does address those hours of operation and sound and kind of things. Yeah.

Right. Now if they were if they wanted to add sculptures outside in the because I I I want I I'm pushing for that. Um I want sculptures. Public art. Yes. Public art. Um would they need approvals or they could Okay, perfect. They're they're doing body art. Any other questions? Commissioners, you can get Arnold for the cutting. Yeah, he'll be there. Oh, one other com. I have a friend here that participated in those uh competitions. It wasn't a body, it was a health health miss and he was going to Orange County for it. So, it was it's nice that we'll have this locally.

Okay. So, so Commissioner Holler rose a question in my mind when he asked about the not seeing the occupancy, the 800. So, was that figured into the amount of parking spaces that were approved with the project? Yes. Oh, good. Okay. And and could they use I guess if you're going to use a temporary use permit, you you could there's a large large event, they could probably use the uh vacant property as overflow. That that would be something that we would consider as well as other options that may be available as well. So, and that's not in this purview, but I just thought I'd ask it.

I just did a quick math in my head. Two people per car. I think there's what 460 spaces or something like that. So you you have more than enough capacity there for Do you have a comment, Commissioner Fer? So I like I like the additional flexibility, but but I I think there does need to be an umbrella under which you know that extends and and not any further. Um so so certainly don't want to have to come back and you know have them do some specific items. But when you talk about off-site, you know, you're already looking at off-site parking with a shuttle. And

it's actually those kinds of things that I think my largest concern is it's just not identified in the staff report. So I I'm not able to glean through them um uh readily. So it it would be staff's recommendation that any any outdoor event um that still has to go through a TUP process and again that that's a administrative process not too lengthy not too expensive but we want to make sure that we assist them to make sure their event is successful as well right and we cover everything in terms of all the indoor events that were identified. Obviously staff has no concerns and and I see that the commission doesn't either.

And the TUP is a is per event or you issue it for a period of time. We we could we could do it for multiple events. If it's the same event occurring multiple times, uh if it's a different type of event, then it if if it's functioning different, then we would need a different a different TUP. But our hope that if it's the same event and they want to do it four times a year, we can identify the periods and and the timing and we issue one approval for all the events.

Thank you. So Orlando and city attorney, is this going to change the um verbiage in the resolution at all? Is there going to be anything added or is it all included that we just spoke about? So, it would depend on whether the commission decides to increase the flexibility and not use staff's recommendation for the TU for outdoor uses.

You agree with that, Orlando? So, what language would you want added in there? Again, we the current recommendation that's currently in the staff report uh is consistent with what appears to be the direction of the commission without uh would still require in the the TUP process because that's currently in place. I I think that would be what I would prefer because that way they have to come back. It's it's not a it's not a free-for-all which could end in unintended consequences. But I think what we all are well it sounds like what we're talking about is additional flexibility under the opices of a TUP or series

or outdoor but for indoor approved outdoor is what we're talking about primarily. Okay. So we're straight on the verbiage. Okay. So, are there any other questions, commissioners, before we move on to vote? No. Okay. Um, there are two resolutions for the commission's consideration. Can I please get a motion and a second to ab adopt the resolutions as presented by staff? Which which which resolution? This is the approving the mitigated deck. Okay, I'll go ahead and

Well, we've got two resolutions. Yeah, but the mitigated neck deck will not it's no has nothing to do with the the flexibility uses or the TP the um are we doing electronic as it's waiting or we doing verbal?

Yeah, we're doing the mitigated deck and the Yeah. Okay. So that that includes the negative deck and the plot plan. Isn't that correct? There's two separate

There's two separate resolutions. If the commission chooses to approve both of them under one motion, uh I believe that that that can that can be done, which we've done it in the past. If you want to take action on on each of the resolutions that that's also um I I just want to make sure that our approval whe it's together or not that's I don't care that uh in the motion we clarify that staff will work with approving the additional flexibility provisions that all uses inside will be included in this approval and we're voting how the resolution's written anyway. So no plus you can add the additional comments.

Yeah, for sure. Is it okay? And the project is adopted. Thank you very much. We look forward to your project everybody.

Oh, thank you. That's what they're waiting for. Well, I knew it was three. Thank you. Thank you, Tracy. Thank you, Nick. Thank you, sir. Okay, folks. Should we take a break or should we keep going? Everybody good? Michael, you need a break? No.

Okay, we're good. Okay. So, that takes us to item 9.2, amendment number one to the development agreement for the Legato specific plan. Uh, this is item 9.2. Could the community development director please introduce this item? Uh, thank you, chair. Uh, again, we have Molly uh presenting today. Um, this is a a an item that's that's been challenging for staff and and there's been a lot of uh um things that we have considered and uh Molly will give you a a summary of the things that we've done to uh make sure that our residents uh get the parks that uh were approved by the commission and the council in the past. Okay.

Thank you, Orlando. Good evening once again, honorable chair and fellow commissioners. Thanks, Molly.

I am happy to present the first amendment to the development agreement for the legato specific plan. Um, I do want to note that after the agenda posted, uh, a minor error was identified on page three of the development agreement document and we've provided the commission an updated version of that specific page in your blue folders. The Legata project is located on 331 acres in the northeast part of the city uh between Rouse Road and Chambers Avenue and between Encanto Drive and Analopee Road. A little bit of background on the project itself. Um, in June of 3rd of 2020, the city council adopted the Legato specific plan as well as the original development agreement and the tenative track maps for the over a thousand single family homes and parks. And then in March of 24, Lenar Homes purchased phase one from BLC Fleming. Um phase one includes the northern portion of the project on the east and west sides, the east and west parks and poos and the recreation center site. Phase two, which includes the large community park to the south, and phase three are still currently owned by BLC Fleming, so they are not uh part of this development agreement amendment proposed. When LAR purchased phase one, they assumed all responsibilities and terms of the DA. And when the DA was adopted, the value of the parks and POS was estimated to be $3 million. And therefore, the terms of the DA outlined that the developer was required to contribute a maximum amount of $3 million in lie of constructing those parks and poos.

However, due to COVID and drastic inflation rates, construction of those parks and pose was delayed for approximately five years. A park bid was recently conducted by a third party, and it was determined that the cost of construction has now increased from $3 million to $5.8 million, creating a $2.8 million variance. Per the DA, any cost increase of beyond that $3 million threshold requires either a financial contribution from the city or a scaling back of the improvements and amenities to the original $3,000, excuse me, $3 million value. The city and LAR work diligently together to identify fiscal opportunities to close this experience gap in order to maintain the quality of the improvements and amenities and to ensure a defined delivery schedule for the parks and poos. And by entering into this amendment, the city ensures the parks and amenities will be constructed as designed within the specific plan to the benefit of our residents. So again, phase one is owned which is owned by LAR includes the neighborhood park on the east side, the poos along the central corridor, the neighborhood park on the west side, as well as the recreation center site. The park and po construction documents were originally submitted in 2020 after the DA was adopted and are approved and ready to be issued upon approval of this amendment by council. These documents are the original concept designs outlined in the specific plan and it was LAR's intention to begin construction right away. However, again due to COVID uh the construction was delayed for three years and then supply chain issues, rising material and labor costs etc. has pushed it back even further.

So at the time of the DA was originally executed in 2020, the anticipated construction cost of those parks and POS was valued at $3 million. And again, per the DA, Lenar is required to contribute those three that maximum $3 million to the city in lie of constructing the parks and POS. And again with the rising costs of labor, construction and materials, uh that cost increased significantly. We did have uh a third, excuse me, a third party party, a third party consultant conducted a bid assessment for the park and po construction and provided that updated cost estimate of $5.8 million, which presented that $2.8 million gap. The amendment being presented today is intended to offset those increased cost through various provisions and this will ensure that original park and PO concept designs found in the specific plan are brought to fruition and we'll go through these uh the provisions of the amendment um starting with the extension of the development impact fee freeze when the DA was adopted. Uh the diff freeze was authorized to be in effect from July of 2020 through July of 2027, after which time the diff would have step increases over several years. Based on LAR's construction timeline, it's anticipated that out of the 491 lots in phase 1, only 81 lots will fall outside of this current diff. So we are proposing to extend that diff to cover those 81 lots.

Can I ask a question in regards to that? Yes. So you you said that um it's based on the 2020 diff rates that were frozen originally through 27, right? And so these going to keep the 2020 rates. That is correct. Okay. So is that going to incur an extra cost to the city in any way, shape, or form?

The 89 lots that uh freezing the diff. It's no no additional cost for the city other than that the developer would continue to get the benefit of of the uh def freeze uh negotiating the DA for those 81 additional lots. So that's just money we won't have in our account for a later date. Okay.

Right. If if if the commission and council do not approve the DA, obviously we we anticipate that 81 LS will fall off of that uh D freeze and we would be collecting obviously the current impact fees in place right now. So there will be additional funds and that that difference was calculated and Molly will present that amount as to what that is and how that number it's being added back into into the equation.

Yeah, I understand it's a deference. I was just wondering if there was any any inconvenience or cause to us. Thank you very much. Um so um continuing on uh we will be removing the restroom building from the east park. Um the east park is considered to be a neighborhood park and with close proximity to homes surrounding it. It was determined that the removal of the restroom building would not have a significant impact on the park's function. Um and it this will also decrease city's ongoing maintenance costs in the future. We are also reducing the park cost estimate contingency from 15% to 5%. Which will alleviate some financial strain on the developer without significant impact to the city. We will still maintain a one-year warranty to minimize any unexpected plant replacements or repair costs to the city's fund. We are also adjusting the thresholds for some park and po completion dates. Uh Lenar is being ready to begin construction on the west park in PO but the construction was stalled while negotiations between the city and LAR were concluded and therefore the request to extend the delivery deadline from the 140th occupancy to the 200th occupancy was made and to compensate for the extended timeline of the west park Lenar proposed to move up the delivery of the east west park in PO from the 140th occupancy to the 95th.

I I have a question about the contingency. So, is I assume that all these parks will be dedicated to the city. All these parks are going to be city-owned. Correct. Um and is there I assume all these homes will be in some kind of LMD or CFD for the maintenance. Correct. Are any of these parks um going to be in any kind of dormcancy agreement like allowed to be maintained by an HOA rather than the city or are they all going to be paid for by the special tax and maintained by the city?

Yes, they will be maintained. Uh some additional provisions that will be included in the amendment include the um addition of a definition of LANR phase 1 which will list the specific tracks and corresponding lot numbers to be clearly identified throughout the DA document. We are also preparing a reimbursement agreement for the CFD bond premiums. That 20% fee on the financed fees against the CFD fund will be eligible to be refunded to LAR and this agreement is set to be presented to the finance subcommittee next week. We are also preparing a Quimby agreement. Lenar is also developing the Heritage Village project which is located further east of Legato on Meny and Rouse Road. Heritage Village does not currently does not have a park included as part of the development, which is why the Quimby contribution is required. The proposed Quimby agreement will reallocate those Quimby fees from the city's Quimby fund to the West Park and PO construction in Legato. This item was presented to the parks recreation and trails commission last week and the commission did recommend the agreement move forward to city council for approval. Can I ask a question about that?

So, I apologize if I don't understand this, but you're taking the Quimby fees from the heritage um development, correct? And over here, were those fees intended to develop a park over there or what were they going to be used for? No, the Heritage Village um project did not have a park included in the design. So, those Quimby fees were going to be collected and reallocated to a park somewhere else in the city. Not even an HOA pocket park or anything on the on the It would be at the city's discretion for the use of those funds. Okay, cool.

One other question, sorry about the diff fees. So, there's various diff fees. There's public safety, there's um uh parks, there's there's a variety of them. I could see reducing the parks and things because that's a direct correlation to this. But is there a direct also reduction in your public safety def fees on this? I wouldn't say it's a reduction. Um the diff freeze is well the diff is in effect is a reduction. So I mean is it across the board all diff fees are frozen or only certain itemized ones?

No, it it'll be the entire all all the fees. And again, we have two uh two more slides and then we'll give you a good summary of everything and I think that'll help you. Uh okay. Yeah.

Um we are also accepting the points of connection um and right ofways um and an accelerated timeline. Um, currently our municipal code states that the points of connection have a turnover period at one year post construction with a one-year warranty for plant replacement and repairs. On top of that, the amendment proposes this time frame be shortened from the one-year post construction turnover to 90 days, which while still maintaining a one-year warranty period. We analyze the impact on the CFD with this accelerated timeline and the CFD fund has the capacity to cover any maintenance expenses expected with this earlier takeover.

Can can you define a point of connection? It's is that like cities like crossing and connecting to other city other streets? What is a point of connection? It's it's the actual poos and parks themselves. So generally after the park is constructed, we have a one-year post construction wait time to ensure that the plants don't die. Um and then we accept

Let me add a little bit to that. Obviously when the parks or pels are developed, they're developed in in phases. Each phase may have its own point of connection in terms of of you know water service and all of that. So then typically what this agreement is doing is is allowing the the developer to have the ability to release uh sections and not wait until the whole thing is done which is typically the case and therefore there's there's a value there and and a benefit in doing that.

Okay. And then finally, our staff has been working diligently with LANR to process bond reduction and bond release um efforts to completed LAR developments over the last several months and we are going to continue to expedite those on exoneration efforts on separate projects, right? Yeah. On already separate completed projects. Yes. Yeah.

Okay. So, here's the financial visual of how all the proposed provisions we just discussed will aid in covering that $2.8 million gap. Um, the East Park and PO will be bid separately and constructed utilizing funding sources not subject to prevailing wage requirements for public projects. And again, the $2.8 million variance is due to the inflated cost of construction materials. As we just discussed, these are the actions the city and LANRA have agreed upon to close that gap. And with all the proposed provisions, that $2.8 million variance will be reduced down to $21,629 which will be covered by LAR. And if I can just add one comment to your uh Commissioner Thomas to your question about the defies if you can see the amount for the defies is the lowest amount which is I don't want to say insignificant but it every little helps so we try to use as much as we could to close that gap

and in relation to that from the public safety perspective where how much in public safety diff was going to be generated by this in other words this is a lot of homes is it enough homes that it's going going to have to build its own fire department or building or increase capacity at an existing fire location.

It it's there there's no uh increase in in in need uh and again the the the additional the extension on the freeze that again it only applies for 81 homes, right? So the rest of the community will have to pay the updated fees as as cool as required on the DA. Okay. Oh, I apologize. I got lots of good questions um on the on the contingency reduction. So, to me, if I'm understanding this,

that's good question. if because the city's um building these parks and the the developers giving the money to do it in reducing the contingency. If our the city's costs increase and that contingency is not enough, the city will have to eat that difference, right? Because if it's if the contingency of 5% is not enough because things explode, the city will have to eat that, right?

It's actually reversed. So Lenar is Lenar is the one who is building the parks and so that 5% contingency is the maximum amount if it inflates the responsibility will lie with LAR to cover that. We we added another provision in the amendment that states that if there's any differences or there's there's anything additional that that's needed to complete all this, Lenar is ultimately responsible. That's my point. Okay. Thank you. Okay.

Right. Um, and then just looking forward to next steps, um, the DA amendment and the reimbursement agreement for those CFD bond premiums are will be presented to the finance subcommittee next week. And then should the planning commission recommend approval of this amendment, we will be presenting it to city council on November 5th. And if council ultimately approves the amendment, we anticipate full adoption on November 19th. Um, and again, this is a it's a win-win situ scenario uh with LAR constructing the parks as originally designed and promised in the specific plan without compromising our quality or the amenities that were included and the city gains these completed parks and amenities for our residents. And circling back to our recommended actions, we are recommending approval of a resolution recommending the city council find no additional environmental review is required as well as approving a resolution recommending the city council approve this first amendment to the development agreement for the legato specific plan. That concludes my presentation. So if there are questions, we are ready to answer them.

Thank thank you Molly. So, u plant commissioners have any further questions from Molly? Commissioner Holler. Okay.

So, when Thank you, by the way. So, uh this is still fairly confusing. Um there is one thing I would disagree when you said this is make a win-win because they're building the parks as envisioned. That's almost true. There's no restroom. So, the restroom component has been removed. So that that part is different. The I did go back and look at the staff report from 2020 and hopefully this is resolved going forward, but um it indicates under funding for park improvements. It says um that it does not include a CPI escalator because the parks were anticipated to be constructed sooner. So hopefully we put those CPI escalators back in as we go forward so that we're not in this situation again. I also see uh for another component that there was an escalator and that caps with the CPI at year 15 at 9.1 million. I assume that's for all three phases. Is that where that number comes from?

That that is for the uh community park. the big park. That's the big park. That's what I assume because we're only dealing with three. Now you're saying no. No, that I believe that's only for for phase three only. That that additional So that number applies to all three phases or that 9 million is for just for phase three. Just for phase three, correct?

Okay. All right. So I mean it's un it's unfortunate. I think you guys have have done um a lot of work to get us to this point. Uh, I I appreciate that. I don't I mean it it doesn't seem like an ideal situation, but um but I do appreciate the effort that that you guys have put in. Hopefully going forward, we won't have a situation like this again. So, thank you,

Commissioner Thomas. How many uh building permits are there out there right now? Um currently we have 181 permits issued and and occupancy permits. Uh we've issued 50 occupancies and that's all on the west side.

Correct. So what is Lenard's anticipation do you know on the completion of to hit that 200 um threshold to build the western park? Um I think it's the 200 I it just we don't we don't have that information obviously

because I'm just concerned about there's occupants in there in the right now there's people living there and if I just spent $700,000 on a home I want to park as soon as possible. you know, it's promised to me I want a park, but I don't want to wait till 2029 before I get my park. So, I just want to know if we need those numbers. The We do know that the construction documents are approved with our building and safety department and they are ready to be issued um immediately upon and Lenard, it's ready to start construction as well. So obviously everything spending um um final resolution on on the amendment

and on PO Legato is phase one and phase two center road or is it below? So the POS are part of both the north and south POS. Are they part of phase one? Phase one. Correct. Okay. That's all about that for now. Thanks. Commissioner Ramirez, have you a question? Thank you. Um, can you explain to me um the use of Quimby fees and how that applies to the non-prevailing wages?

Right. I I'll go ahead and and the use of queenby fees will go to the west west park which the developer will uh do prevailing wage. So th those funds will be set aside to go to the west park and prevailing wage will be uh will be used there. Uh the east park that's where there will be no public funds uh that will be allocated to that. Therefore no prevailing wage will be required of the applicant. Thank you for that clarification.

Okay, I have I have a couple of questions. So, you answered the uh diff freeze. Okay, I'm good with that. You answered the uh contingency reduction. Thank you. Um on the park extensions, so we've got going to back to we discussed. So you want to extend the timing for completion of the West Park Empo from the 140th certificate of occupancy to the 200th certificate. How many certificates on the west are in place right now? 50.

So there's 50. So they've got to wait for 15. Okay. How about on the east park? you want to you now we're going the right direction from the 140th to the 95th. So that's I don't have any question on that. That speaks for itself. I don't I I mean like was mentioned about the occupants that are there that are expecting a park. I know this would be lar between a rock and a hard place and we're trying to help them which helps the community. So, I just want the community to know we we recognize this and this is a not the norm, but um we got to do what we got to do if that's the case. The restroom I got a hard time with. What's one restroom? Because one restroom now is no big deal compared to they're never going to add one. And so, you have to prove to me why it we don't need it when we needed it in the first place. You know, it's an amenity for the neighborhood. I mean, what are they going to use for a restroom? Is there a close by? Another one close by? Is there

In relation to that, Randy, maybe could ask, what's the physical walking distance from where it was going to be to the the West End one? What's the distance there? Yeah. Okay. Um,

is it walkable? uh you have homes literally 50 feet away from the park uh completely surrounded on three parts. So um typically the this is a very small park neighborhood park. So in most cases uh we usually don't have uh restrooms on parks of that size. Um, again, originally that was negotiated because, you know, obviously we wanted to get the most uh uh of of the development as much as we could, but uh again in an effort to bridge that gap and and the fact that the park is completely surrounded by residential and and most likely the immediate neighbors are the ones that are going to use the the the park. Uh staff felt that it wasn't it wasn't u necessary. See, that's the hard part. It was negotiated in the first place and now it's gone and now we're saying, "Well, their houses are right there. This go home." So, because it's a local park. So, um, so you don't have a distance to the nearest ne restroom that Commissioner Thomas mentioned.

We were just looking at it and looks like it's a quarter mile. I mean, it's not So, it's not option. Okay. Is there a restroom at Sunset Park? And obviously the east park has one. Uh so obviously that that would in terms of so what can we put there in place of the restroom that's not expensive the the the footprint the the the goal was to uh again

bridge the gap and that was one of the items that was identified that would assist in that in that effort. Okay. You're saying bridge the cap, a dollar cap. That's That's correct. So, they'll be put I'm saying what could we put in place to beautify the spot? It'll it'll be landscaping. It'll be landscaping, trees, shops. We put a monument like a bathroom was going to be here. I'm sorry. Thank Thank you, Orlando. Your point is taken, Randy.

Okay. Hey, Orlando. Um, is there a possibility with this bathroom with the bathroom being omitted, is it possible to include in your negotiations be prior to council or the finance committee to make sure it's plumbed and got sewered there as I think maybe the PRTC might have to put a toilet there five years down the And if we have water, we have sewer there. Now, it's a good idea. Um,

it's right now it's not created. It's just a big old pile of dirt. it' be I can't anticipate that much cost but once the park is built it's going to be you know like commission I think that's a I think that's a great comment and that's something that we can uh definitely consider and and discuss with u with council thank you I have one other question unless anyone else wants to go um go ahead

the detention basin That's there's Can we pull up the schematic on it? Maybe go on your presentation go to the overall site plan. Okay. Right there. So, we've got the large large detention basin and water quality basin to on the on the northwest corner. And then you that's one I'm I'm most interested in. There was an issue with this project that the pipe going underneath the freeway was did not have the capacity to flow the water to the west side of the freeway. So we built this huge detention basin. Is this going to be a percolation basin or is it still going to dra have the goal of draining under the freeway and go west? We we don't have uh

is both it'll be piped to the trench. Uh Commissioner Thomas, this is mainly a detention basin. There is minimal percolation at this basin. So, it it will store the water and allow it to pass through under the freeway over time. So, eventually it is going to go everything's going to go off site over down there, including the one in the center, the the one right up there. Yeah, there's there's, as you can see, there's three basins on the site, and they're all connected. They're all connected. Yeah. Unfortunately, this area has very low percolation capacity.

Um, so a lot of it is just detaining it until the storm passes and then it'll pass. Okay, cool. Thank you. Hey, Nick. All this water, it goes under the freeway and then it goes to the golf courses. Correct. No, this goes, I believe, into line A3 or somewhere one of the uh uh Riverside County Flood Control District lines. Thank you, Nick. Okay, one other another question. Since this is in planning area A or planning area one, the commercial section to the left, is this affect anything on that? No.

No. Okay. Are those commercial diff fees frozen as well? No, they they're part of the project boundary. So, they take benefit of all the uh provisions in the DA until I think it's 29 is the expiration of the diff free 27. 27. So, and I doubt they're going to build before 27. So they'll be subject to the current diff fees at that point. Not escalated a slight bit, but just the actual in place diff fees at that time. Okay, cool.

Okay. Any other further questions? No. Okay. Then I'll open the public hearing at 7:28 p.m. U Madame Clerk, can you confirm that the item was legally noticed and if any correspondence has been received? It was noticed and no correspondence was received. Thank you. Okay. Um I'd like to invite the applicant to the podium to speak. the the Lenar is not here. Uh they're they they're not the applicant. We

It's not that that's not the norm. Okay. All right. So, we'll skip that. Can't say I didn't ask. Okay. Does the planning commission have any other questions of the non-existent applicant? It's not an applicant. Okay. Um, Madame Clerk, are there any requests to speak or would anyone in the audience like to make a comment? No request to speak.

No, I do have a qu in regards to my M Commissioner Night. It does. Did you fill out a slip in opposition or Yeah, the channel does flow through there. I thought it was a little further north. uh it does flow through the Sun City golf course areas. Oh yeah, thanks for the clarification. Yeah. Yeah. Okay. So that no one wants to speak. So I will close the public hearing at Oh, we do have a speaker. Silent but but deadly. All right. Okay. How's it going everybody? I really just want to know you state your name please. Sean Chisum.

Hi Sean. Um I want to know about the employment for these projects. Who's going to do the who is in charge? What union is in charge of the hiring for this project? You we we can't answer the questions from the dis but you can ask um any of these people here. You can ask public works director. It's at the end of the end there. Gotcha. Thank you. Take it out. Appreciate it. Okay. Thank you.

You said almost three minutes. You still have time. Yeah. Okay. So, if there are no further speakers, I'll close the public hearing at 7:31 p.m. Does Okay. Planning Commissioners, any more questions? No, we got we think we got that one covered. Okay. Um, there are two resolutions for the commission's consideration. Can I get a motion and a second to adopt a resolution recommending the city council find no additional environmental review is required and adopt a resolution recommending the city council approve amendment number one to the development agreement for the legato specific plan as presented by staff. Before we take that vote, I want to ask and Ivan, in your comment, you said the escalation clause applies to the community park, but it does it was not negotiated back in 2020 in relation to the other parks if it had been included in there. Two questions. Number one, LAR would have been responsible for the full cost, right? Because it would have been escalated.

I can't answer that question because I wasn't here in 2020. That depends on how the agreement is that would that have changed the math of this whole thing? Well, that I I'm not sure I agree with that. I I if I could I think that anytime you add an escalator, it obviously increases the total amount available. However, if there was a cap put on, then it that would override it. So, it's a little bit more nuance. Correct. Nuance. Correct.

Okay. So, that's the first question. The the second question is let's assume no cap and they would have to bear the full cost. Would this have resulted in your opinion in LAR saying we just can't pencil it now? I mean is it it would or would they have approached you to say we got to reduce the bathrooms or something? I mean you don't want to hear that. I I I don't know what Lar would have done. I it's a hard question to answer.

I just bring that up from the point of perhaps emphasizing what Ivan said is that in future negotiations we make sure and include an escalator. So yeah. Okay.

Thank you, Commissioner. Okay. Can I get a motion and a second to adopt a resolution recommending the city council find no additional environmental review is required and adopt a resolution recommending the city council approve amendment number one to the development agreement for the legato specific plan as presented by staff. Okay, we trust you staff. The amendment number one was approved, adopted. Thank you for all your hard work. Molly, thank you for all your numbers. Orlando, thank you for all your planning. Thank you.

Thank you. I I I do want to make a comment. Uh obviously, this was a very significant work effort that involve uh community services. We have our deputy uh finance director here because it was a lot involvement with finance and it was totally a team effort and uh um we want to thank the commission for um helping us and uh making sure that uh we deliver parks or we assist in delivering parks that the community deserves. So thank you.

Okay. Thank thank you. So um that takes us to to uh discussion item number 10. Uh there are no discussion items. Madam Chair, I don't see none. Okay. Number 11, community development director comments. Uh community developer director Orlando, do you have any updates or comments? I do have one comment and I'm not sure if the commission had an opportunity to drive Newport uh west or around town center. Um the bridge uh was actually put in place this morning. So if you haven't seen it, if you drive by, you will see it. Uh

it does look really nice. So uh it will not be open for maybe another month or so, but uh it is there. pretty hard to miss the crane on that side of it. Yeah. Okay. Michael, do you have anything to report on to community committee activities? It goes right to me now. Huh. Well, anyone come right in. Since our last meeting, I the only place I've been is I attended the uh the 911 memorial over at Santa Rosa Academy. And um last week I went to the uh I think most of us were there. um went to the uh the workshop for I don't even remember what it was. Um I didn't write it down

that that that memorable. Yeah. Um but that's all I got. Anyway, Tammy Evan, no Chris, you good? Me neither. Okay. So, commissioners, would you like to request any future agenda items? I hear none. Are we waiting on any agenda items? Maybe. Well, you don't have to answer that now. Okay. So, I will adjourn this meeting at 7:37 p.m. Thank you all for attending and for your patience and your and your love.