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, August 20, 2009 – 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, Bill Frederickson, Steven MacDonald, Eric Miller, Craig Riddell (Chair), Max Perelman

3. Approval of Minutes

A. Minutes of the August 4, 2009 Site Review Meeting

B. Minutes of the August 6, 2009 Regular Meeting

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 Items to be Continued or Withdrawn: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

6. 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.)

PROJECT ADDRESS: 723 Granite Street

APPLICANT: Shellie Albright

APPLICATION: Use Permit Application No. 2972-08

PROJECT DESCRIPTION: Allow a half-bathroom to be installed in a detached garage

LEGAL DESCRIPTION: APN 006-557-011

ZONE DISTRICT: R-1

GENERAL PLAN

DESIGNATION: Medium Density Residential 10.9 DU/AC

CEQA STATUS: Categorically Exempt, Class 1

7. REGULAR AGENDA:

None

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

Reference: Lynn Burgess, AICP, Chief Planner

9. Architectural Review Board Actions -- Staff will provide a summary report on recent actions of the Architectural Review Board.

A. Minutes of the August 11, 2009 Architectural Review Board Site Review Meeting

B. Minutes of the August 11, 2009 Architectural Review Board Regular Meeting

Reference: Lynn Burgess, AICP, Chief Planner

10. Historic Resource Committee Actions -- Staff will provide a summary report on recent actions of the Historic Resource Committee

11. Administrative Hearings -- Staff will provide a summary report on recent Administrative Hearing actions of Administrative Use Permits and Variances

A. August 7, 2009 Administrative Hearing Record of Decision

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

A. Memorandum from Senior Planner Sarah Hardgrave – Information Requested by Commissioner Perelman about Use Permits and Variances

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: Lynn Burgess, AICP

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 CALIFORNIA ENVIRONMENTAL QUALITY ACT

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 Monterey County. Please note the Monterey County Clerk has a $50 filing fee for a NOE.

Filing of a NOE by the City of Pacific Grove is not required. CEQA determinations are included in the public hearing notices for all projects.

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 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.