CITY OF PACIFIC GROVE
TELEPHONE (831) 648-3190 • FAX (831)
648-3184
NOTICE
OF REGULAR MEETING
PLANNING COMMISSION
DATE & TIME: THURSDAY, MAY 7, 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 16, 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Withdrawn:
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.)
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6A. |
PROJECT ADDRESS: 1199 Forest
Avenue APPLICANT: Cortel LLC, on behalf of
AT&T Mobility LLC APPLICATION: Use Permit Application No. 2981-08
PROJECT DESCRIPTION: A public
hearing on Use Permit Application No. 2981-08 to allow installation of
wireless telecommunications equipment atop an existing commercial building; a
total of nine (9) antennas and related equipment are proposed. Municipal Code Section 23.64.060 allows
public utility uses in any zone district (except the open space district)
subject to obtaining a use permit.
LEGAL DESCRIPTION: Assessors’ Parcel Number
006-726-008 ZONE DISTRICT: C-Commercial GENERAL PLAN DESIGNATION: Forest Hill Commercial CEQA STATUS: Class
1 Categorical Exemption |
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REGULAR AGENDA:
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7A. |
Continued from the April 16, 2009
Regular Meeting of the Planning Commission: 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. NOTE: Please bring the April 16, 2009 staff
report to the May 7, 2009 meeting. The
Staff Report for this item can be found online at: http://www.ci.pg.ca.us/boards/PC/minutes/2009/A-PC20090416.htm |
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7B. |
Continued from the April 16, 2009
Regular Meeting of the Planning Commission: 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. |
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7C. |
Continued from the April 16, 2009
Regular Meeting of the Planning Commission: 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. NOTE: Please bring the April 16, 2009 staff
report to the May 7, 2009 meeting. The
Staff Report for this item can be found online at: http://www.ci.pg.ca.us/boards/PC/minutes/2009/A-PC20090416.htm |
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.
A.
Minutes of the April 28, 2009 Architectural Review Board Site
Review Meeting
B.
Minutes of the April 28, 2009 Architectural Review Board Regular
Meeting
Reference:
10. Historic Resource Committee Actions -- Staff will provide a summary report on
recent actions of the
Historic Resource Committee
None.
11. Administrative
Hearings -- Staff will provide a summary
report on recent Administrative Hearing actions of Administrative Use Permits
and Variances
A. May
1, 2009 Administrative Hearing (Record of Decision will be distributed at the
May 5, 2009 Planning Commission Site Review Meeting)
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