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Planning Commission Meeting

Regular Meeting

Monterey, CA · August 13, 2013

AgendaMinutesPacket

Minutes

MINUTES PLANNING COMMISSION Tuesday, August 13, 2013 4:00 pm – 7:00 pm FEW MEMORIAL HALL OF RECORDS, COUNCIL CHAMBERS 580 PACIFIC STREET MONTEREY, CALIFORNIA Commissioners Present: Garden, McCrone, Davis, Stocker Commissioners Absent: Osorio, Widmar, Reed Staff Members Present: Principal Planner Kimberly Cole, Chief of Planning, Engineering and Environmental Compliance Chip Rerig, Senior Associate Planner Todd Bennett, Recording Secretary Halabi CALL TO ORDER Chair Garden called the meeting to order at 4:04 pm. CONSENT ITEMS On a motion by Commissioner McCrone, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 4 COMMISSIONERS: Garden, McCrone, Davis, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 3 COMMISSIONERS: Widmar, Osorio, Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. June 25, 2013 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. 2. Consider 455 Casanova Avenue; Variance Permit 13-244 for Fence Height; Applicant Rasta Tuavao; Owner George Akedo; Zoning R-1-6; Exempt from CEQA Requirements. Planning Commission Minutes Tuesday, August 13, 2013 ACTION: Denied Variance Permit 13-244 to allow a fence height to exceed the height requirements at 455 Casanova Street with the finding that granting the application would be inconsistent with the purposes of this ordinance and would constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district due. Staff Presentation/Commission Questions Todd Bennett presented the Agenda Report and answered Commissioners’ questions. Applicant Rasta Tuavao said a six foot fence is necessary in order to maintain the safety of his children. He thanked the Planning Department for their help with the project. Public Comments Stephanie, immediate neighbor, said she is in full support of the fence variance as it alleviates safety concerns and contributes to the aesthetics of the neighborhood. She requested the Planning Commission approve the Variance Permit without requiring any alteration to the fence. Bob Larson, resident of the Casanova area, said Mr. Tuavao met with Planning Staff on October 12, 2012 and was notified that in order to remain in compliance with the City Code the six foot fence would have to meet the 15 foot setback requirement. He said Mr. Tuavao went forward with the knowledge that he would be violating the City Code. Mr. Larson said there are no special circumstances on this property that would warrant the approval of a variance, the fence could be constructed without the need for a variance and requested that the variance not be granted. Commissioner Comments Commissioner McCrone said he does not support the variance request because there are no justifiable reasons the fence on English Avenue cannot meet the 15 foot setback requirement. Commissioner Stocker said there are no legal findings that can be made in support of the applicants request and he could not support a variance that would restrict future developments of four separate lots. Commissioner Davis said moving the fence 15 feet back would create an area for weeds and trash to accumulate and said he supports the variance request. Commissioner McCrone said there is no place for the compassion in the code. Commissioner Davis said Planning Staff was able to utilize the City Code to recommend approval so he will remain in support of the variance. Commissioner Garden said there is no justification to approve a variance at the request of a renter that would affect the future of four lots. Planning Commission Meeting Minutes 2 Planning Commission Minutes Tuesday, August 13, 2013 Commissioner McCrone made a motion to deny Variance Permit 13-244 to allow a fence height to exceed the height requirements at 455 Casanova Street with the finding that granting the application would be inconsistent with the purposes of this ordinance and would constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district due. Commissioner Garden seconded the motion. On a motion by Commissioner McCrone, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission adopted a Resolution denying Variance Permit 13-244 to allow a fence height to exceed the height requirements at 455 Casanova Street with the finding that granting the application would be inconsistent with the purposes of this ordinance and would constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district due. Commissioner Garden seconded the motion. AYES: 3 COMMISSIONERS: Garden, McCrone, Stocker NOES: 1 COMMISSIONERS: Davis ABSENT: 3 COMMISSIONERS: Osorio, Widmar, Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Receive Update on Cooper Molera (Verbal Report) Staff Presentation/Commission Questions Chip Rerig presented the item and answered Commissioners’ questions. Public Comments None. Commissioner’s Comments: Commissioner McCrone suggested placing this information on the City Website to allow public access. In response to Commissioner Stocker’s question, Mr. Rerig said because this is not a state owned building the City has great control over discretionary permitting. COMMISSIONERS COMMENTS  In response to Commissioner Davis’ question, Ms. Cole said they are nearing time to appoint a new Chair and Vice Chair.  Commissioner McCrone said the Golden State Theater acquisition presents great opportunity for the Downtown Specific Plan.  Commissioner Garden said he attended the Mayor’s Meeting and presented the Downtown Specific Plan. He said he expressed the necessity and urgency of approving the Downtown Specific Plan and said the Planning Commission would deliver a recommendation to the City Council that addresses the issues they are unable to resolve on August 27, 2013.  Commissioner Garden said he would like to hear more about the Water Request for Proposal. Planning Commission Meeting Minutes 3 Planning Commission Minutes Tuesday, August 13, 2013 INFORMATIONAL REPORTS & STAFF COMMENTS 7. Planning Office Update  Ms. Cole introduced Principal Planner Taven Kinison Brown  Ms. Cole said the August 27, 2013 Planning Commission will discuss the Downtown Specific Plan and 10 Ryan Ranch Road. ADJOURNMENT There being no further business, The meeting adjourned at 5:31 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes 4

Agenda

Planning Commission Agenda Commissioners Regular Meeting Leon Garden, Chair Willard McCrone, Vice Chair Tuesday, August 13, 2013 Paul W. Davis Luis Osorio Hansen Reed Few Memorial Hall of Records AFTERNOON SESSION David Stocker Council Chambers ONLY Ralph Widmar 580 Pacific Street 4:00 pm - 7:00 PM Monterey, California FIELD TRIP The Planning Commission will conduct a field trip on August 12, 2013 to review the Tuesday, August 13, 2013, Planning Commission Agenda. For information call (831) 646- 3886. Date Posted: August 9, 2013. CALL TO ORDER CONSENT ITEMS CONSENT ITEMS allow for a review of those items recommended for approval on consent or recommended to be continued, tabled or withdrawn, etc. Consent items consist of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Commissioner may request that an item recommended for approval on consent be heard on the regular agenda for further discussion. Approval of Minutes 1. June 25, 2013 ***End of Consent Agenda*** PUBLIC COMMENTS PUBLIC COMMENTS. At this time, the public may speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey Planning Commission and which is not on the agenda. Any person or group desiring to bring an item to the attention of the Commission may do so during Public Comments or by addressing a letter of explanation to the Commission, City Hall, Monterey, CA 93940. Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are required by law for certain actions. You are welcome to offer your comments after being recognized by the Chair. The Chair may limit the time allocated to each speaker. Project representation is encouraged. 2. Consider 455 Casanova Avenue; Variance Permit 13-244 for Fence Height; Applicant Rasta Tuavao; Owner George Akedo; Zoning R-1-6; Exempt from CEQA Requirements. PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on action or informational issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Chair. The Chair may limit the time allocated to each speaker. 3. Recieve Update on Cooper Molera (Verbal Report) CONTINUED PUBLIC COMMENTS CONTINUED PUBLIC COMMENTS. At this time, the public may speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey Planning Commission and which is not on the agenda. Any person or group desiring to bring an item to the attention of the Commission may do so during Public Comments or by addressing a letter of explanation to the Commission, City Hall, Monterey, CA 93940. Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. COMMISSIONERS COMMENTS COMMISSIONERS may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, a Commissioner 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 any City matter, or direct staff to place a request to agendize a matter of business on a future agenda. (G.C. 54954.2) INFORMATIONAL REPORTS & STAFF COMMENTS INFORMATIONAL REPORTS & STAFF COMMENTS supply information on activities or announcements and may request clarification or direction regarding the scheduling of meetings and study sessions. ADJOURNMENT ADJOURNMENT — The general policy of the Planning Commission is that the Afternoon Session will end no later than 5:30 p.m. and the Evening Session will end no later than 11:00 p.m. Any public agenda items that have not been completed within the designated adjournment time may be formally extended by the Commission, or continued to the next regularly scheduled Planning Commission Meeting, or continued to a Special Meeting. Agenda packets may be reviewed by the public in the Monterey Public Library, in the Planning Office, or on the web at http://www.monterey.org beginning late Friday afternoon prior to the date of the meeting. Members of the public have the right to address the Commission on any Agenda items. The Chair will formally open the floor for public comment. However, if you wish to speak to items during "Consent Agenda" or "Staff Informational Report," please advise the staff or the Chair prior to the action on that item and you will be recognized. Notification as much in advance as possible is appreciated. Information distributed to the Commission at the meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided to the Secretary for this purpose. Planning Commission decisions may be appealed within ten (10) days from the date of the decision on forms available in the Planning Division during business hours. When the tenth day falls on a weekend or a holiday, the appeal deadline date is the next working day following the holiday or weekend. An appeal fee will apply. For more agenda information, call the Planning Office at 831/646-3885. Planning Commission Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: 646-3799 FAX: 646-3793 Email: suggest@ci.monterey.ca.us WebPage: http://www.monterey.org Planning Commission Tuesday, August 13, 2013 2 The City of Monterey is committed to include the disabled in all of its services, programs and activities. For disabled access to the City, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish- language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646- 3935 to coordinate use of a device or for information on an agenda. UPCOMING MEETINGS AT CITY HALL Aug 15 PRC Meeting Cancellation Notice, Council Chamber - 7:00 PM Aug 19 MP Regional Water Authority TAC Meeting, Council Chamber - 2:00 PM Aug 20 Council Regular Meeting, Council Chamber - 4:00 PM Aug 21 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Aug 22 Zoning Administrator Meeting, Council Chamber - 4:00 pm Aug 26 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Aug 27 Planning Commission Meeting, Council Chamber - 4:00 pm Aug 28 Library Board Meeting, Library Community Room - 5:00 PM Aug 28 Oversight Board Meeting, Council Chamber - 7:00 PM Aug 28 Council Special Meeting, Council Chamber - 4:00 PM Sep 2 City Holiday, City Offices Closed - 8:00 AM Sep 3 Council Regular Meeting, Council Chamber - 4:00 PM Sep 4 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Sep 10 City Holiday, City Offices Closed - 8:00 AM Sep 10 Planning Commission Meeting, Council Chamber - 4:00 pm Sep 12 Zoning Administrator Meeting, Council Chamber - 4:00 pm Sep 12 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Sep 17 Council Regular Meeting, Council Chamber - 4:00 PM Sep 18 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Sep 19 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM MORE INFORMATION IS AVAILABLE BY CALLING 646-3885 Planning Commission Tuesday, August 13, 2013 3

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