CITY OF PACIFIC GROVE

300 FOREST AVENUE

PACIFIC GROVE, CALIFORNIA 93950

TELEPHONE (831) 648-3190 • FAX (831) 648-3184

NOTICE OF REGULAR MEETING

NOTE SPECIAL START TIME

 
PLANNING COMMISSION

DATE & TIME:          Thursday, September 2, 2010 – 5:30 P.M.     

LOCATION:              CITY HALL, COUNCIL CHAMBERS – 300 FOREST AVENUE

MEETING AGENDA:

1.                  Call to Order

2.                  Roll Call

            Planning Commission Members:  Linda Bailey (Vice-Chair), Bill Bluhm, Jeanne Byrne, Bill Frederickson, Steven MacDonald, Eric Miller, Craig Riddell (Chair)

3.                  Approval of Minutes

            Minutes of the August 19, 2010 Planning Commission regular meeting

 

            Note:  The August 17, 2010 site review meeting was cancelled.

 

            Recommended Action:  Approve minutes as presented.

4.                  Public Comments

            (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 (3) minutes. Comments regarding agenda items shall be heard at the time such items are called. Whenever possible, letters should be submitted to the Planning Commission in advance of the meeting.)

5.                  Written Correspondence

(Communications relevant to Planning Commission jurisdiction are attached under this agenda item.)

6.                  Items to be Continued or Withdrawn

7.                  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

8.                   Regular Agenda

A.

Project Description:

CEQA Status:

Staff reference:

Recommended Action: 

Green Building Ordinance

Not a project under CEQA

John Kuehl, Chief Building Official

Receive staff presentation, solicit public comments, provide preliminary feedback to staff, and schedule a public hearing for September 16, 2010.

 

 

B.

Project Description:

 

 

CEQA Status:

Staff reference:

Recommended Action: 

Review and Clarification of Planning Commission’s Prior Interpretation of Zoning Code Section 23.73.042(a) Regarding Exceptions to Architectural Review Board Approvals

Not a project under CEQA

Lynn Burgess, AICP, Chief Planner

Receive staff report, solicit public comments, and provide direction to staff on any changes or clarifications to the Planning Commission’s prior interpretation.

 

C.

Project Description:

 

CEQA Status:

Staff reference:

Recommended Action: 

Zoning Code Changes to Streamline Planning Permit Procedures (Continued Public Hearing from August 19, 2010 meeting)

Not a project under CEQA

Lynn Burgess, AICP, Chief Planner

Receive staff report, hold a public hearing, provide feedback to staff on further streamlining options, and forward draft ordinance to the City Council with a recommendation of approval.

 

9.                  Acceptance of Minutes from Other Bodies

A.    Architectural Review Board

1.      Minutes of August 24, 2010 Architectural Review Board Site Review Meeting

2.      Minutes of August 24, 2010 Joint Architectural Review Board/Historic Resources Committee Special Meeting

3.      Minutes of August 24, 2010 Architectural Review Board Regular Meeting

 

10.              Reports of PC Subcommittees

(Subcommittees of the PC will provide a summary report of their recent activities.)

11.              Reports of PC Members

(PC members may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, PC members 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)).

12.              Reports from Council Liaison

13.              Reports from Staff

14.              Adjournment

 

General Notice

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 PC will not consider any new items after 9:00 p.m., and any items remaining on the agenda will be continued either to the next regular meeting or to a special meeting at the discretion of the PC. 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. A limited number of devices are available to assist those who are hearing-impaired. If you would like to use one of these devices, please contact the Community Development Department (CDD) secretary at (831) 648-3190.

Materials for this agenda, and copies of previous meeting agendas and minutes for the PC, are available for review at the CDD in City Hall or on the City of Pacific Grove’s website; http://www.ci.pg.ca.us/boards/pla.htm. Materials related to an item on this agenda submitted to the PC after distribution of the agenda packet are available for public inspection at the CDD from 8 a.m. – 12 p.m. and at the Business Desk (1st floor of City Hall) from 12 p.m. – 5 p.m. Materials can also be requested of staff during the PC hearing. Structures listed on the City’s Historic Resources Inventory (HRI) are denoted on the agenda with an “(HRI)” next to their project address.

Notice to Applicants

Appearance by Applicant/Representative: Applicants or their representatives must be present at the meeting for which their item, including those items on the Consent Agenda, is scheduled. If unable to attend, the applicant must submit a written request for continuance prior to the meeting. The item may be denied if continuance is not requested. 

Appeals and Appeal Period: Decisions rendered by the PC may be appealed to the City Council using a form available at the CDD.  The appeal form, plus an appeal fee, must be filed with the CDD within 10 days of the action being appealed. 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.

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.

Notice of Exemption (NOE) under the California Environmental Quality Act (CEQA): All projects are subject to CEQA and disclosure. CEQA status is noted on the agenda for each project. Applicants with approved projects that have been deemed statutorily or categorically exempt under CEQA may file a NOE directly with the Monterey County Clerk 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 the 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.

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.

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 arrange to show the project area.

Effective Date of Entitlement: Please note that your use permit/variance does not become effect 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.

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.