Planning Commission Meeting

Name: Planning Commission Meeting — Monterey, CA
Start: 2016-03-08T16:00:00
End: 2016-03-08T18:00:00
Location: Monterey, CA

Regular Meeting

Monterey, CA · March 8, 2016

Agenda Minutes Packet

Minutes

MINUTES PLANNING COMMISSION Tuesday, March 8, 2016 7:00 pm - 11:00 pm EVENING SESSION ONLY 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Reed, Fletcher, Davis, Garden, Widmar, Dawson, Millich Commissioners Absent: None Staff Members Present: Principal Planner Cole, Senior Planner Hopper, Recording Secretary Leinen CALL TO ORDER Chair Reed called the meeting to order at 7:01 p.m. CONSENT ITEMS Commissioner Dawson made a motion to approve the consent items. Commissioner Davis seconded the motion. On a motion by Commissioner Dawson, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 7 COMMISSIONERS: Reed, Fletcher, Davis, Garden, Widmar, Dawson, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. February 23, 2016 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. Consider Appeal 16-086 of Staff Determination that the Del Monte Beach Land Use Plan Policies Do Not Protect Views Blocked by Trees and Other Vegetation; Appellants Dave Duvall and Debi Proctor; Del Monte Beach Neighborhood; Not a Project under CEQA per Article 20, Section 15378 ACTION: Continued the appeal to April 12, 2016 to allow time for the City Attorney to determine whether or not the Planning Commission has jurisdiction over the matter. Planning Commission Minutes Tuesday, March 8, 2016 Commissioner Millich asked whether staff spoke with the City Attorney to determine whether the Planning Commission has authority to make a decision on the appeal. Ms. Cole said staff did not pursue an opinion from the City Attorney. Chair Reed said he hoped that the City Attorney would be present for the hearing because the appeal is outside the usual scope of the Planning Commission. Commissioner Millich cited California Civil Code Section 841.4 regarding spite fences and trees that are more than 10 feet high and are put up for the malicious purpose of interfering with views. He said the City Attorney should determine whether this is an appropriate subject for the Planning Commission to handle and that he has serious doubts as to whether action taken by the Planning Commission would be valid. Commissioner Garden said the appeal is the most unusual agenda item he has seen and he questioned whether all things staff does are really appealable to the Planning Commission. Commissioner Garden said the Planning Commission making a decision might not be proper. Commission Dawson questioned whether the Planning Commission should receive staff’s report. Commissioner Millich said the report should not be presented until it is determined whether the Planning Commission has jurisdiction. Commissioner Widmar said he is concerned because the way the appeal came before the Planning Commission is unusual and that it would be helpful to have more legal background. He questioned what affect a decision by the Planning Commission would have on other Land Use Plans in the City. Commissioner Garden suggested tabling the matter pending a decision from the City Attorney. Ms. Cole clarified that appeals must be scheduled within 45 days and asked that the matter be continued to a date certain. Commissioner Millich made a motion to continue the appeal to April 12, 2016 to allow time for the City Attorney to determine whether or not the Planning Commission has jurisdiction over the matter. Commissioner Davis seconded the motion. On a motion by Commissioner Millich, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission Continued the appeal to April 12, 2016 to allow time for the City Attorney to determine whether or not the Planning Commission has jurisdiction over the matter: AYES: 7 COMMISSIONERS: Reed, Fletcher, Davis, Garden, Widmar, Dawson, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Commissioner Widmar apologized to the public, the appellant, and interested parties, acknowledging the efforts put into the appeal, and said the Planning Commission wants to be sure to get their decision right. Commissioner Millich concurred. Planning Commission Meeting Minutes Tuesday, March 8, 2016 2 Planning Commission Minutes Tuesday, March 8, 2016 Commissioner Garden questioned whether everything staff does, including answering questions by telephone, is appealable to the Planning Commission and suggested that the Chair meet with the City Manager for clarification. COMMISSIONERS COMMENTS Commissioner Widmar, Commissioner Millich, and Vice Chair Fletcher said they will not be present at the March 22, 2016 meeting. Commissioner Dawson said he and Commissioner Millich went to the Planning Commissioner’s Academy conference the previous week and he gave an overview of the training. He also said everyone he spoke with at the conference has banned short term rentals in their Cities. INFORMATIONAL REPORTS & STAFF COMMENTS 3. Planning Office Update  Update received.  Ms. Cole said the Visions and Goals for the Local Coastal Program (LCP) Update will be presented to the Planning Commission on March 22, 2016. In response to Commissioner Garden’s question, Ms. Cole confirmed that the LCP will consolidate the City’s Land Use Plans into one Land Use Plan for the City. ADJOURNMENT There being no further business, the meeting adjourned at 7:21 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, March 8, 2016 3

Agenda

Planning Commission Commissioners Agenda Hansen Reed, Chair Daniel Fletcher, Vice Chair EVENING SESSION ONLY Paul W. Davis Mike Dawson Tuesday, March 8, 2016 Leon Garden Stephen Millich 580 Pacific Street Ralph Widmar Council Chambers 7:00 pm - 11:00 pm Monterey, California FIELD TRIP The Planning Commission will conduct a field trip Monday, March 7, 2016 to review the Tuesday, March 8, 2016 Planning Commission Agenda. The Planning Commission will depart from the field behind Colton Hall at 4:00 PM. For more information please call (831) 646-3885. Date Posted: March 4, 2016 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. February 23, 2016 ***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 Appeal 16-086 of Staff Determination that the Del Monte Beach Land Use Plan Policies Do Not Protect Views Blocked by Trees and Other Vegetation; Appellants Dave Duvall and Debi Proctor; Del Monte Beach Neighborhood; Not a Project under CEQA per Article 20, Section 15378 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. 3. Planning Office Update 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: (831) 646-3799 FAX: (831) 646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646- 3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communication-related assistance, 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. Planning Commission Tuesday, March 8, 2016 2 UPCOMING MEETINGS AT CITY HALL Mar 10 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Mar 10 MP Regional Water Authority Meeting, TBD - 7:00 PM Mar 10 MP Regional Water Authority Closed Session, Council Chamber - 7:00 PM Mar 15 Council Regular Meeting, Council Chamber - 4:00 PM Mar 16 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Mar 17 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Mar 17 Zoning Administrator Meeting, Council Chamber - 4:00 pm Mar 22 Planning Commission Meeting, Council Chamber - 4:00 pm Mar 23 Oversight Board Meeting, Council Chamber - 7:00 PM Mar 23 Council Study Session, Council Chamber - 4:00 PM Mar 23 Library Board Meeting, Library Community Room - 5:00 PM Mar 28 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Mar 29 Disabled Access Appeals Board Meeting, Council Chamber - 10:00 AM Mar 30 Council Study Session, Council Chamber - 4:00 PM Mar 31 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM Apr 4 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Apr 5 Council Meeting Cancellation, Council Chamber - 4:00 PM Apr 6 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Apr 7 Zoning Administrator Meeting, Council Chamber - 4:00 pm Apr 7 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM MORE INFORMATION IS AVAILABLE BY CALLING 646-3885 Planning Commission Tuesday, March 8, 2016 3

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