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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, December 3, 2009 – 6:00 P.M.

LOCATION:              CITY HALL, COUNCIL CHAMBERS – 300 FOREST AVENUE, 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 November 5, 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                  Items to be Continued or Withdrawn: 

 

A.

Continued from the July 2, 2009 Planning Commission meeting:

 

PROJECT ADDRESS:                 687 Lighthouse Avenue

APPLICANT:                               M. J. Castelo, Peninsula Petroleum

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 Lot 3, Block 47, Second Addition

ZONE DISTRICT:                       C-1

GENERAL PLAN

DESIGNATION:                          Downtown Commercial

CEQA STATUS:                          Class 32 Categorical Exemption

 

Recommended Action:  Continue Item to the January 7, 2010 regular meeting in order to allow the Planning Commission and staff to attend a special meeting of the City Council on December 17, 2009. 

 

 

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.)

 

            None

 

7.         REGULAR AGENDA:

           

A.

A public hearing to consider:

 

PROJECT ADDRESS:         325 CENTRAL AVENUE

APPLICANT:                        Allen Robinson, AIA, on behalf of Central Presbyterian Church

APPLICATION:                    Variance Application No. 09-1729

PROJECT DESCRIPTION:           Request to allow an existing religious facility to add a second-story meeting room that exceeds the maximum height limit and maximum floor area for the zoning district.

LEGAL DESCRIPTION:    Lot 14, Block 204, Pacific Grove Retreat

ZONE DISTRICT:                R-3-PGR

GENERAL PLAN             

DESIGNATION:                   High Density Residential 19.8 du/ac

CEQA STATUS:                   Class 1 Categorical Exemption         

Staff reference:                       Karen Vaughn, AICP, Senior Planner

 

Recommended Action:          Hold a public hearing and approve the project.

 

        

B.

A public hearing to consider:

 

CODE AMENDMENT:        Transient Residential Use License

DESCRIPTION:                    To recommend that the City Council adopt an ordinance to amend Municipal Code Sections 23.08.120 and 23.64.350 of the Pacific Grove Municipal Code to allow transient use of residential property with a license, pursuant to a proposed amendment to the Municipal Code to add Chapter 7.40, entitled “Transient Use License.” 

CEQA STATUS:                    Mitigated Negative Declaration prepared

 

Recommended Action:          Receive staff presentation on proposed amendments to Municipal Code Chapters 23.08 and 23.64, hold public hearing, and make findings and recommendations to the City Council for adoption of the proposed code amendments.

 

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 November 10, 2009 Architectural Review Board Site Review Meeting

B.     Minutes of the November 10, 2009 Architectural Review Board Regular Meeting

C.     Minutes of the November 24, 2009 Architectural Review Board Site Review Meeting

D.    Minutes of the November 24, 2009 Architectural Review Board Regular Meeting

      Reference:  Lynn Burgess, AICP, Chief Planner

 

Note:  The November 24, 2009 ARB minutes will be distributed to the Planning Commission at the December 1, 2009 Site Review meeting, and will be posted on the Planning Commission’s page on the City website at that time.

 

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

 

A.    Minutes of the November 12, 2009 Historic Resources Committee Site Review Meeting

B.     Minutes of the November 12, 2009 Historic Resources Committee Regular Meeting

 

Note:  The November 12, 2009 HRC minutes will be distributed to the Planning Commission at the December 1, 2009 Site Review meeting, and will be posted on the Planning Commission’s page on the City website at that time.

 

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

None

 

12.       Site Plan Review Committee Actions -- Staff will provide a summary report on recent actions of the Site Plan Review Committee

 

A.    Minutes of the November 5, 2009 Site Plan Review Committee Meeting

 

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

 

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

 

15.       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).

 

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

            Reference:  Lynn Burgess, AICP

 

17.              Adjourn

 

 

 

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.