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CITY OF PACIFIC GROVE

300 FOREST AVENUE

PACIFIC GROVE, CALIFORNIA 93950

TELEPHONE (831) 648-3190 • FAX (831) 648-3184

 

NOTICE OF REGULAR MEETING

 

PLANNING COMMISSION

 

DATE & TIME:           THURSDAY, October 16, 2008 – 6:00 P.M.

LOCATION:                CITY HALL, COUNCIL CHAMBERS – 300 FOREST AVENUE, PACIFIC GROVE

 

Copies of the agenda packet are available for review at the Pacific Grove Library located at 550 Central Avenue; the Community Development Department, upstairs  in City Hall at 300 Forest Avenue, Pacific Grove; and on the internet at: http://www.ci.pg.ca.us/boards/pla.htm.

 

 

MEETING AGENDA:

 

1.         Call to Order

 

2.         Roll Call -- Planning Commission Members:  Linda Bailey (Vice-Chair), Bob Davis,

            Steven MacDonald, Eric Miller, Craig Riddell (Chair), Sally Smith, Gary Sprader

 

3.         Approval of Minutes

            A.        Minutes of the September 30, 2008 Site Review Meeting

            B.         Minutes of the October 2, 2008 Regular Meeting

                        Recommended Action:  Approve minutes as presented.

 

4.         Oral Communications

            (Comments from the audience will not receive Planning Commission action.  Comments must deal with matters subject to the jurisdiction of the Planning Commission and will be limited to three minutes.  Comments regarding agenda items not on the Consent Agenda shall be heard prior to the consideration of such items at the time such items are called.  Whenever possible, letters should be submitted to the Planning Commission in advance of the meeting.)

 

5.         Items to be Continued or Withdrawn:  None.

          

CONSENT AGENDA: None

 

6.         (The Consent Agenda consists of those items which are routine and for which a staff recommendation has been prepared.  A Planning Commissioner, member of the audience or staff may request that an item be placed on the regular agenda for further discussion.  One motion will cover all items on the Consent Agenda.  The motion to approve will authorize the action or recommendation indicated.)

 

 

 

REGULAR AGENDA:

 

7A.

A public hearing to consider:         90-day review of Use Permit Application No. 2964-08

 

PROJECT ADDRESS:                 City of Pacific Grove, Lighthouse Avenue Public Street Right-of-Way Between Forest Avenue and 18th Streets

APPLICANT(S):                          Everyone’s Harvest, Iris Peppard, Executive Director

PROPERTY OWNER:                City of Pacific Grove

PROJECT DESCRIPTION:        90-day review of Use Permit Application No. 2964-08, Operation of a Farmers’ Market every Monday on Lighthouse Avenue in the Public Street Right-of-Way Between Forest Avenue and 18th Streets

LEGAL DESCRIPTION:            Not applicable

ZONE DISTRICT:                       No zoning in the Public Street Right-of-Way

GENERAL PLAN

DESIGNATION:                          Downtown Commercial

ENVIRONMENTAL STATUS:   Mitigated Negative Declaration adopted

 

7B.

A public hearing to consider:         Use Permit Application No. 2988-08 & Variance No. 08-1724

PROJECT ADDRESS:                 LOVERS’ POINT PARK/620 OCEAN VIEW BOULEVARD

APPLICANT:                               Robert Enea, Enea Properties LLC

APPLICATION:                          Use Permit Application No. 2988-08 and Variance Application No. 08-1724

PROJECT DESCRIPTION:        Use Permit Application No. 2988-08 for ADA and other improvements to Lover’s Point Park, removal of the public restroom building, and remodels and additions to the existing building, including demolition and reconstruction of 952 square feet of existing storage, office and locker/gym space use and addition of 269 square feet for  new recreational vendor and public restroom uses on the first floor, and a 676 square foot expansion of an existing non-conforming restaurant on the second floor with a new 570 square foot outdoor seating area and seating deck, and Variance No. 08-1724 to expand an existing non-conforming restaurant use.

LEGAL DESCRIPTION:            Assessors’ Parcel Number 006-155-099

ZONE DISTRICT:                       O District

GENERAL PLAN/LCP

DESIGNATION:                          Open Space Recreation, Visitor Serving Commercial

ENVIRONMENTAL STATUS:   Initial Study and Mitigated Negative Declaration (30-day public comment period ends on Monday, October 13, 2008).

 

Initial Study pages 1 to 34

Initial Study pages 35 to 86

Appendices A to B

Appendices C to E

 

 

8.         City Council Actions -- Staff will provide a summary report on recent council actions.

            Reference:  Lynn Burgess, AICP, Chief Planner

 

9.         Historic Resource Committee Actions

 

10.       Correspondence -- Communications relevant to the jurisdiction of the Planning Commission are attached under this agenda item.

 

11.       Committee Reports -- Subcommittees of the Planning Commission will provide a summary report of their recent activities.

 

12.       Reports of Commissioners

Commissioners may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, the Commission may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning a City matter or direct staff to place a request to agendize a matter of business on a future agenda (G.C. 54954.2).

 

13.       Reports of the Community Development Department’s Chief Planner

                        Reference:  Lynn Burgess, AICP

 

14.       Adjournment

 

NOTE:  Please note that Section 65009(b)(2) of the California Government Code provides that legal challenges to the City's action on A project may be limited to only those issues raised in testimony during the public hearing process.

 

THE PLANNING COMMISSION WILL NOT CONSIDER ANY NEW ITEMS AFTER 9:00 P.M.  ANY ITEMS REMAINING ON THE AGENDA WILL BE CONTINUED EITHER TO THE NEXT REGULAR MEETING OR A SPECIAL MEETING AT THE DISCRETION OF THE PLANNING COMMISSION.

 

NOTICE TO APPLICANTS

I.       SITE REVIEW

If the project, at the time of the site review, is not visible without entering a structure or yard area, the applicant must be present or make arrangements to show the project area.

 

II.      APPEARANCE BY APPLICANT OR REPRESENTATIVE

The applicant or his/her representative must be present at the public hearing meeting for which the item is scheduled.  If unable to attend, the applicant must submit a written request for continuance prior to the meeting.  The Commission may deny an item if the applicant or representative is not present and if a continuance is not requested.

 

III.    SUBMITTAL OF WRITTEN COMMUNICATIONS

In order to receive due consideration by the Planning Commission, written communications pertaining to agenda items should be submitted to the Community Development Department by 12:00 noon on the Tuesday prior to the meeting.  Materials submitted subsequent to that time, or directly to the Commission at the meeting, may, at the Commission's discretion, result in a continuance of the item.

 

IV.    APPEALS AND APPEAL PERIOD

Decisions rendered by the Planning Commission may be appealed to the City Council using a form available at the Community Development Department.  An appeal using this appeal form plus an appeal fee must be filed with the Community Development Department within 10 days of the action being appealed.

 

NOTE:  The aforementioned appeal period not withstanding, the City Council reserves the right to call up for review Planning Commission decisions until its next regularly scheduled meeting. Please check with the staff if you have any questions about this.

 

V.     BUILDING PERMIT

Planning Commission approval of an application does not constitute an approval to do any construction without a building permit.  Please contact the Building Division at 648-3183 for information about building permits.

 

No building permit pertaining to a Planning Commission action may be issued until the 10-day appeal period and the City Council's call up period has passed.

 

VI.    EFFECTIVE DATE OF ENTITLEMENT

PLEASE NOTE THAT YOUR USE PERMIT/VARIANCE DOES NOT BECOME EFFECTIVE AND THEREFORE NEITHER A BUILDING PERMIT NOR OCCUPANCY CERTIFICATE MAY BE ISSUED UNTIL THE RESOLUTION GRANTING THE USE PERMIT/VARIANCE HAS BEEN SIGNED BY THE APPLICANT AND PROPERTY OWNER.  THIS RESOLUTION WILL BE MAILED TO THE APPLICANT FOLLOWING THE PLANNING COMMISSION ACTION.

 

VII.   JUDICIAL TIME LIMITS

This serves as written notice that Pacific Grove Municipal Code Section 1.20.010 incorporates Section 1094.6 of the Code of Civil Procedure of the State of California and provides a ninety-day limitation for judicial review of any final administrative decision by the council, or any board, commissioner, or officer of the city.

 

This meeting is open to the public and all interested persons are welcome to attend.  The City of Pacific Grove does not discriminate against individuals with disabilities and meetings are held in accessible facilities.