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2002 11 12 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 12, 2002 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Butler who asked Commissioner Abels to lead the flag salute. B. Present: Commissioners Jacques Abels, Tom Kirk, Steve Robbins, Robert Tyler, and Chairman Richard Butler. C. Staff present: Community Development Director Jerry Herman, City Attorney Kathy Jenson, Assistant City Engineer Steve Speer, Planning Manager Oscar Orci, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None. III. CONFIRMATION OF THE AGENDA: Confirmed IV. CONSENT ITEMS: A. Chairman Butler asked if there were any corrections to the Minutes of October 22, 2002. There being no corrections, it was moved and seconded by Commissioners Robbins/Abels to approve the minutes as submitted. Unanimously approved. B. Department Report: None V. PRESENTATIONS: None VI. PUBLIC HEARINGS: A. Variance 2002-031 and Parcel Map 30892' a request of Lench Design Group for review of a variance to the lot width and size standards and subdivision of a lot into two lots located at 53-220 and 53-240 Avenida Rubio. G:\WPDOCS\PC Minutes\l 1-12-02.wpd ] Planning Commission Minutes November 12, 2002 1. Chairman Butler opened the public hearing and asked for the staff report. Commissioner Robbins moved that the staff report be waived. Unanimously approved. 2. There being no questions of staff, Chairman Butler asked if the applicant would like to address the Commission. Mr. Skip Lench, applicant, stated he was available to answer any questions. 3. There being no questions of the applicant and no other public comment, Chairman Butler closed the public participation portion of the hearing and opened the matter up for Commission discussion. 4. Chairman Butler asked why this was not caught by the Title Company. Mr. Lench stated one caught it and the other didn't. 5. There being no further discussion, it was moved and seconded by Commissioners Robbins/Kirk to adopt Planning Commission Resolution 2002-105 approving Variance 2002-031, as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler, and Chairman Butler. NOES: None. ABSENT: None. ABSTAIN: None. 6. It was moved and seconded by Commissioner Tyler/Abels to adopt Planning Commission Resolution 2002-106 approving Tentative Parcel Map 30892, subject to the findings and conditions as recommended. ROLL CALL: AYES: Commissioners Abels, Kirk, Robbins, Tyler and Chairman Butler, NOES: None. ABSENT: None. ABSTAIN: None. VII. BUSINESS ITEMS: None. VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Discussion regarding Planning Commission Study Sessions. G:\WPDOCS\PC Minutes\l 1-12-02.wpd 2 Planning Commission Minutes November 12, 2002 1. Commissioner Tyler stated he was reintroducing the subject to see if it would be appropriate to start having study sessions again. 2. Commissioner Abels/Robbins noted other cities that held study sessions and how informative they could be. 3. Commissioner Kirk stated study session can be used to work out the deals and the public hearing becomes only a formality and public input becomes an after thought. 4. City Attorney Kathy Jenson stated the City Council has set the procedures for Planning Commission meetings. There is no Brown Act violation by having a study session. It is more of a due process issue. The problem is that during study sessions statements are made that shows a determination has been made prior to the public hearing. Any person can speak on the agenda items, but study sessions lend itself to statements being made that show a decision preference. 5. Chairman Butler asked how a study session could be defined to information only and not discussion. City Attorney Kathy Jenson stated the public hearing could be opened at 3:00 p.m., discuss the issues and then continue the hearing to 7:00 p.m. 6. Commissioner Tyler stated the study session could be held a week or two before the pubic hearing to gather information. 7. Commissioner Robbins stated that on larger issues, such as the General Plan update, it would help to have study sessions before the public hearing. 8. Chairman Butler stated it appeared the consensus of the Commission was to not have regular study sessions, but hold them only as a need occurred. City Attorney Kathy Jenson stated it could be held on a one time basis. She would recommend that if the Commission believes there is not enough time to consider a project, it can be continued and that would be a more defensable stance to have a study session. B. Discussion regarding canceling the regularly scheduled meeting of the Planning Commission on December 24, 2002. It was moved and seconded by Commissioners Tyler/Ables to cancel the meeting of December 24, 2002. Unanimously approved. G:\WPDOCS\PC Minutes\l 1-12-02.wpd 3 Planning Commission Minutes November 12, 2002 C. Commissioner Tyler gave a report on the City Council meeting of November 5, 2002. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Kirk to adjourn this regular meeting of the Planning Commission to a regular meeting of the Planning Commission to be held November 26, 2002, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 7:21 p.m. on November 12, 2002. Respectfully submitted, B~'J.-S~v-yer, Execdtive Secretary City o~l~e-Quinta, California G:\WPDOCS\PC Minutes\l 1-12bO2.wpd 4