CITY OF PACIFIC GROVE
TELEPHONE (831) 648-3190 • FAX (831)
648-3184
NOTICE
OF REGULAR MEETING
PLANNING COMMISSION
DATE & TIME: THURSDAY, July 2, 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, Bill Frederickson, Steven MacDonald, Eric Miller, Craig Riddell (Chair),
Max Perelman
3. Approval of Minutes
A.
Minutes of the June 4, 2009 Regular Meeting
(Note: The June 2, 2009 Regular Meeting, June 16,
2009 Site Review Meeting and June 18, 2009 Regular Meeting were cancelled)
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to be Continued or Withdrawn:
|
5A. |
PROJECT ADDRESS: APPLICANT: M.
J. Castelo, APPLICATION: Use Permit
Application No. 2968-08
PROJECT
DESCRIPTION: A public hearing
to review Condition of Approval No. 9, requiring a one time review of the Use
Permit application to allow 1) beer and wine sales pursuant to Municipal Code
23.64.290, and 2) the conversion of an existing automobile service bay to a
new convenience store use pursuant to Municipal Code 23.32.020. LEGAL DESCRIPTION: Lots
1, 2, and a portion of ZONE DISTRICT: C-1 GENERAL PLAN DESIGNATION: Downtown
Commercial CEQA STATUS: Class
32 Categorical Exemption Recommended Action: Continue Item to the
December 10, 2009 regular meeting in order to allow approximately six months
of operation prior to review (the project is still under construction at this
time). |
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.)
|
6A. |
PROJECT ADDRESS: 409 Fountain APPLICANT: April Whitehead APPLICATION: Use Permit No. 3001-09
PROJECT DESCRIPTION: A public
hearing on Use Permit No. 3001-09 to allow a professional real estate office
use in a portion of the building at
|
REGULAR AGENDA:
|
7A. |
PROJECT ADDRESS: 1110 Austin
Avenue APPLICANT: Roy Larson APPLICATION: Variance No. 3895-09
PROJECT DESCRIPTION: A public hearing to review a Variance Application to increase the building height limit from a maximum of 25 feet
to a maximum of 40 feet from natural grade and to reduce the required
driveway setback from 20 feet to 15 feet for a proposed single family residence
with a shed roof on a vacant lot with unique site conditions.
LEGAL DESCRIPTION: ZONE DISTRICT: R-1 GENERAL PLAN DESIGNATION: Medium Density Residential 9.7 units
per acre CEQA STATUS: Class
1 Categorical Exemption Recommended
Action: Hold a public hearing and approve the project. |
|
7B. |
PROJECT ADDRESS: 505
Lighthouse APPLICANT: Anthony D. Davi, on behalf of
Anthony G. Davi Jr., owner APPLICATION: Subdivision No. 07-222
PROJECT DESCRIPTION: Commercial condominium subdivision of an existing building
into four units
LEGAL DESCRIPTION: Lot 14, Block 37 of the ZONE DISTRICT: C-1 GENERAL PLAN DESIGNATION: Downtown Commercial (D) CEQA STATUS: Class
1 Categorical Exemption Recommended
Action: Hold a public hearing and approve the project. |
|
7C. |
Continued from the June 4, 2009 meeting: CEQA STATUS: Not a project under CEQA (CEQA
Guideline Section 15378(b)(5)) Recommended Action: Receive staff report on
implementation of the adopted noticing procedures and requirements, and
recommend that the City Council adopt a resolution amending these procedures. |
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 June 9, 2009 Architectural Review Board Site
Review Meeting
B.
Minutes of the June 9, 2009 Architectural Review Board Regular
Meeting
C.
Minutes of the June 23, 2009 Architectural Review Board Site
Review Meeting
D.
Minutes of the June 23, 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. June 18, 2009 Administrative Hearing Record of Decision
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