CITY OF PACIFIC GROVE
TELEPHONE (831) 648-3190 • FAX (831)
648-3184
NOTICE
OF REGULAR MEETING
PLANNING COMMISSION
DATE & TIME: THURSDAY, April 16, 2009 – 6:00 P.M.
LOCATION: CITY HALL, COUNCIL CHAMBERS –
Copies of the agenda packet are
available for review at the Pacific Grove
MEETING AGENDA:
1. Call to Order
2. Roll Call -- Planning Commission
Members: Linda Bailey (Vice-Chair), Bob
Davis,
3. Approval of Minutes
A. Minutes of the April 2, 2009 Site Review Meeting
B. Minutes of the April 2, 2009 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 Items to be Continued or Withdrawn:
Agenda Item 7D
CODE INTERPRETATIONS: Demolition
and Reconstruction of Non-Conforming Structures
DESCRIPTION: Request
for a zoning code interpretation of Municipal Code Section 23.68.050(c) to
clarify the percent of demolition permitted and whether the footprint can
change. This interpretation will guide
staff in permit processing for projects subject to these zoning code
regulations.
CEQA STATUS: Not a project under CEQA
Recommended Action: Continue the item to May 7, 2009.
CONSENT AGENDA:
(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.)
6. None
REGULAR AGENDA:
|
7A. |
Continued from
the March 5, 2009 and April 2, 2009 Regular Meetings: A public hearing to consider:
Six month review of Use Permit Application No. 2964-08
PROJECT ADDRESS: City of APPLICANT(S): Everyone’s
Harvest, Iris Peppard, Executive Director PROPERTY OWNER:
City of PROJECT
DESCRIPTION: Six month review of Use Permit Application No. 2964-08, Operation of a Farmers’ Market every Monday
on
|
|
7B. |
A public hearing to consider: CODE AMENDMENT: Historic
Preservation Ordinance and Architectural Review Board Procedures DESCRIPTION: To recommend that the City Council
amend existing Chapters 23.73 and 23.76 of the Municipal Code to combine the
Architectural Review Board and Historic Resources Committee and their duties,
and to clarify and strengthen the protection of historic resources in the
Historic Preservation Ordinance. This
also includes a recommendation to allow administrative architectural
approvals within the Coastal Zone for emergency repair work and minor
exterior modifications to structures. CEQA STATUS: Categorical Exemption Section 15308,
Class 8. Recommended
Action: Receive staff presentation on proposed
amendments to Municipal Code Chapters 23.73 and 23.76, hold public hearing,
and make findings and recommendations to the City Council for adoption of the
proposed code amendments. |
|
7C. |
A public hearing to consider: CODE INTERPRETATION: Municipal Code
Section 23.73.042(a), R-1 Architectural Review Exemption DESCRIPTION: Request for a zoning code
interpretation of Municipal Code Section 23.73.042(a) to clarify what is
eligible for an exemption from approval by the Architectural Review Board. This interpretation will guide staff in
permit processing for projects subject to this zoning code regulation. CEQA STATUS: Not a project under CEQA Recommended
Action: Receive presentation, hold public
hearing, discuss testimony and provide direction to staff. |
|
7D. |
A public hearing to consider: CODE INTERPRETATION: Municipal Code Section 23.68.050(c),
Demolition and Reconstruction of Non-Conforming Structures DESCRIPTION: Request for a zoning code
interpretation of Municipal Code Section 23.68.050(c) to clarify the percent
of demolition permitted and whether the footprint can change. This interpretation will guide staff in
permit processing for projects subject to this zoning code regulation. CEQA STATUS: Not a project under CEQA Recommended
Action: Continue the item to May 7, 2009. |
8. City Council Actions -- Staff
will provide a summary report on recent council actions.
Reference:
9. Architectural Review Board Actions -- Staff will provide a summary report on recent actions of the
Architectural Review Board.
None
10. Historic Resource Committee Actions -- Staff will provide a summary report on
recent actions of the
Historic Resource Committee
A. Minutes of the April 8, 2009 Historic
Resources Committee Meeting
Reference:
11. Administrative
Hearings -- Staff will provide a summary
report on recent Administrative Hearing actions of Administrative Use Permits
and Variances
None
12. Correspondence
-- Communications relevant to the
jurisdiction of the Planning Commission are attached under this agenda item.
13. Committee
Reports -- Subcommittees of the Planning
Commission will provide a summary report of their recent activities.
14. 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).
15. Reports of the Community Development Department’s Chief
Planner
Reference:
16. 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. NOTICE OF EXEMPTION UNDER THE
Applicants with
approved projects that have been deemed statutorily or categorically exempt
under the California Environmental Quality Act (CEQA) may file a Notice of
Exemption (NOE) directly with the Monterey County Clerk in order to reduce the
CEQA challenge period from 180 days to 35 days (CEQA Guidelines Section
15062). Applicants wishing to file the NOE
should contact their planner for instructions on how to file the notice with
Filing of a NOE
by the City of
VII. 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.
VIII. 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
This meeting is
open to the public and all interested persons are welcome to attend. The City of