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Thought so. 00:00:37
It is 6:00 PM. I am Stephen Lilly and I will call to order this September 14th. 00:00:39
2023 regular. 00:00:45
Meeting of the Pacific Grove Planning Commission. Mr. Campbell, are you available to call the roll? 00:00:47
I am. Thank you cheer Lily. 00:00:52
Here. 00:00:55
Vice Chair Murphy. 00:00:56
He has an excused absence. 00:00:58
Commissioner Frederickson. 00:01:03
Here. 00:01:05
Commissioner Sawyer. 00:01:06
President. 00:01:08
Commissioner Davison. 00:01:09
Present. 00:01:10
Commissioner Kubica. 00:01:11
Present. 00:01:12
Commissioner Zinski. 00:01:13
He has an excused absence. 00:01:15
All right, we have. 00:01:17
Five present. 00:01:18
To absent, we do have a quorum. 00:01:20
Thank you. 00:01:22
Mr. Campbell said. We have a quorum this evening, so we're ready to proceed. 00:01:23
Before we do, let me just add that this meeting is being conducted under revised rules mandated in Assembly Bill 2449. 00:01:28
We continue to have a hybrid format with our median and chambers. 00:01:37
And virtually or with zoom participation, the women are ID and toll free telephone numbers are on the agenda face sheet. 00:01:41
When the host opens the agenda for public comment, those wishing to speak via Zoom should press star 9. 00:01:49
To raise your hand and then star 6 to unmute yourself. 00:01:55
When recognized by the chair. 00:01:59
Umm. 00:02:02
So with that, we now come to our agenda. Does anybody have any changes to the agenda? 00:02:03
Commissioner. 00:02:11
Sawyer. 00:02:14
I would like to move 9A to 8A. 00:02:15
Since then, this new business. 00:02:32
Is that something that? 00:02:34
Would just continue to be 9A or or would that be renumbered AA and then the rest go down 1 notch? 00:02:37
Or does that matter? 00:02:44
Because it's new business as opposed to. 00:02:49
Or I should say. 00:02:53
No, it's it's not new business. It is continued continue business as opposed to a public hearing. 00:02:54
90 A is continued in ongoing business. 00:03:03
And eight is public hearing so. 00:03:07
Mr. Chair, what you could do is just move it to prior to. 00:03:11
The item number 8. 00:03:16
99 before number 898 before #8. 00:03:20
To do that, we would do that. Then doing that is. 00:03:24
Projects I I I understand that. 00:03:28
Where people? 00:03:31
Percent. 00:03:33
Are there any other changes or? 00:03:38
What do we do with this then? What? What's the pleasure of the Commission in terms of? 00:03:41
You want to move up the cannabis ordinance above where it is now is what I hear you saying so? 00:03:46
What do we want to do as it relates then to the 2? 00:03:53
Permit. 00:03:58
Applications. Well, I think we ought to be. 00:03:59
Aware of the people who've come to make their presentations and accommodate them so they can get on with their. 00:04:03
With the evening. 00:04:08
OK. 00:04:09
Rather than sit and listen to a bunch of stuff in which they probably have little interest. 00:04:10
All right, Commissioner Kubica, you seem to be. 00:04:15
Raising your hand Could I make a friendly amendment? 00:04:19
And then move it to after the two. 00:04:23
I'm fine. I'm fine with that. 00:04:31
HC. 00:04:34
Well, it would be before 8C, before 8, before 8C, OK. 00:04:35
Is there a second to that? 00:04:40
Second, second by Commissioner Frederickson, are there any other changes? 00:04:42
If not then. 00:04:50
We have a motion. 00:04:52
Commissioner Kopeka, could I move the housing element? 00:04:53
The. 00:04:56
9B to right after 9A to cannabis. 00:04:57
If that's your desire. 00:05:02
There's. 00:05:05
There if there's a a second to that. 00:05:06
Make that part of the same motion. 00:05:12
OK. I'll second Kate. 00:05:15
May also. 00:05:16
Sure, Lily. Can we speak into the microphones? We have people who are. 00:05:19
Having a hard time hearing? 00:05:24
I second, OK, so Commissioner Frederick could second the motion. So let me repeat the motion so the motion would be approved as 00:05:27
presented with the exception that. 00:05:31
Items 9A and 9:00. 00:05:35
9A which would be the cannabis ordinance would be right after. 00:05:39
Item 8. 00:05:44
Would be would be 8, would be after 8B or or in the place of 8C. 00:05:46
And then? 00:05:51
The housing element 9 B would would follow the cannabis. 00:05:53
So I I hope that's clear. 00:05:57
So with that, then if is if there. Is there any further discussion? 00:06:00
If not, then Mr. Campbell, would you please call the roll? All those in favor should say aye. Those opposed should say nay. I 00:06:05
believe all of these motions require four votes. 00:06:09
Even though there's. 00:06:16
Only five people here. 00:06:18
Major. 00:06:20
It's majority of the quorum, so three votes would be sufficient. 00:06:22
All right. 00:06:26
Yeah, but. 00:06:29
That's that's not for my understanding at least on use permits and variances that they. 00:06:33
That we have to have four votes. 00:06:41
Well, that may well be, but we're talking about amending the agenda right now, I thought. 00:06:43
Oh, OK. And you would be, it would be 3 votes. So we have clarification with that. So three votes to. 00:06:47
Do that, Commissioner Sawyer. OK, so just so I'm clear, so we have two parts of the motion. One is to move 9A28C. 00:06:53
And then we're going to be moving housing from. 00:07:04
9B to 8D. 00:07:08
Is that correct? Correct. 00:07:10
OK. 00:07:11
We're not going to renumber them per se, because they're not. 00:07:13
Hearings in the same sense as OK. 00:07:17
And to be clear, OK, we're clear. Are we clear? 00:07:21
So Mr. Campbell, can you call the roll, please? 00:07:23
Commissioner Kubica. 00:07:29
Aye. 00:07:30
Commissioner Frederickson. 00:07:33
Commissioner Sawyer. 00:07:35
Aye. 00:07:36
Commissioner Davison. 00:07:37
Aye. 00:07:38
And sure, Lily. 00:07:39
Aye. 00:07:41
With Five Eyes. 00:07:42
0 nays 2 absent the agenda, approval of agenda passes with the amendment to move 98 to 8C and 9B to 8D. 00:07:44
Right. 00:07:57
Then the motion passes as Commissioner, as Mr. Campbell stated, so we will now move on so we have an agenda and we will move on to 00:07:58
Commission and staff announcements. 00:08:03
Or does any member of the Commission have an announcement? 00:08:09
With your Sawyer. 00:08:16
I attended the Turner Center for Housing. It's at UC Berkeley. It was entitled California Sliding Home Ownership Ladder. 00:08:20
On the 15th of August, it was interesting in the fact that their research showed that the market did not want denser infield but 00:08:29
wanted single family detached housing. 00:08:35
And then they also talked about a program that was through California. It was called Dream for All. 00:08:42
And it was given $300 million and it was for first home time, first time home buyers. 00:08:48
And they had income limits, but the limits were really high. For Monterey, it was $198,000. 00:08:55
And they would pay up to 20% of the cost of a purchase. 00:09:03
Needless to say, the $300 million was gone in 11 days. 00:09:06
And then I just had two questions for staff. The draft document from Integral Consulting for the update on the coastal hazards 00:09:12
section of the LCP. 00:09:18
Do we know where that is? 00:09:24
That was Mr. Sador. 00:09:26
Yes, the. 00:09:33
Consultant Integral. 00:09:36
Is. 00:09:37
Working on the. 00:09:41
Data collection and the modeling and we anticipate having. 00:09:43
An administrative draft. 00:09:49
Documents or modeling documents to review sometime. 00:09:51
Next month. 00:09:56
Ohh, good. Thank you. And then my second question was just to follow up. 00:09:57
Was the Planning Commission added to the list of persons interested in receiving CDP applications? 00:10:02
We had asked for that to be done. 00:10:10
Show cedar through the chair. 00:10:14
The only two planning commissioners who requested to be added. 00:10:16
To be notified about CDP determinations were. 00:10:22
Commissioner Murphy. 00:10:25
And Chair Lily. 00:10:27
I also asked. 00:10:30
I staff. I don't know if staff received a written request. 00:10:32
And that's not I know I need to write a written request, OK. 00:10:37
Well, that that I think. 00:10:42
With with. 00:10:43
Without exception should be to all planning commissioners, not just. 00:10:45
Vice Chair Murphy, myself or even. 00:10:49
Commissioner Sawyer, I mean every. 00:10:52
Member of the Commission. Should be getting the same thing so that we're all on the same page. 00:10:54
So I would request that everybody get it unless. 00:11:00
Unless. 00:11:04
You hear that? They don't want it, I suppose. 00:11:05
Chair Lily if if Commissioner would like to. 00:11:08
Received CDP determination notifications then they. 00:11:12
Are welcome to. 00:11:16
Notify staff. 00:11:19
Via e-mail. 00:11:20
About that, regarding that request. OK, thank you. 00:11:22
Then everybody here that's here this evening is aware of that and can do so then. 00:11:27
Are there any other announcements? 00:11:36
Chair Commissioner Frederickson. 00:11:40
I met with Jeannie Byrne concerning some. 00:11:43
Pictures of her project that didn't make it into the packet. 00:11:46
That there could be discussed in that section of the OK, All right. 00:11:51
I have. I just have one announcement. 00:11:57
And maybe this is something that I'm interfering with council liaison. 00:12:01
Colette's remarks, but on. 00:12:07
September 6th, the City Council unanimously held Upheld our. 00:12:09
July 13th Decision to approve Coastal development permit 22. 00:12:13
0318 Multiple locations in the. 00:12:17
Coastal zone. It was a sewer project. 00:12:20
I understand that. 00:12:24
A appeal that matter may have been. 00:12:25
Appealed to the Coastal Commission, but in any case, that's. 00:12:30
Umm. 00:12:35
Of a couple of weeks ago. So with that then we're ready to move on if there's no other announcements. 00:12:37
Does IT staff have any announcements? 00:12:44
Mr. Sidor Campbell or. 00:12:47
OK. 00:12:49
Legal counsel, tonight we have Brian Pierick. I saw his picture here a minute ago. 00:12:50
And. 00:12:56
Do you have any announcements, Mr. Pierik? 00:12:57
No, I'm just pleased to be here. Thank you. 00:13:02
Thank you for coming. 00:13:04
Being on zoom. 00:13:06
Council liaison announcements Council member Coletti, do you have any announcements? 00:13:09
Well, maybe. 00:13:18
He's delayed, sure. 00:13:19
All right, we now come to General. 00:13:21
Public comment. 00:13:25
Umm. 00:13:27
And um. 00:13:28
Let me briefly. 00:13:30
Outline. 00:13:33
The rules for that general public comment must deal with matters subject to the jurisdiction of the city. 00:13:35
And the Planning Commission, but are not on the agenda this evening. 00:13:40
This is an appropriate time to comment on items in the consent agenda, but only if the speaker does not wish to have the item 00:13:44
pulled for consideration by this Commission. 00:13:48
Comments from the public will be limited to 3 minutes per speaker and will not. 00:13:54
Receive Commission action. 00:13:58
Comments regarding an item on the agenda will be heard at the time of the Commission's consideration of that item. 00:14:01
We have several letters and and emails in our agenda packet. 00:14:08
I would just make the observation that. 00:14:14
Our administrative technician, Debbie Gonzalez, keeps a copy of all communications. 00:14:17
In a binder in the office of the Community Development Department. 00:14:22
So with that, then, I would like to know if anybody would like to address the Commission on items not on her agenda. 00:14:26
And I will recognize I see. 00:14:37
On the screen here Inga, Lorenz and Dahmer, and so I will recognize her. 00:14:40
This summer you may speak. 00:14:54
Thank you Chair Lily and Commissioners. 00:14:56
I had written to the Planning Commission requesting you call up my appeal. 00:14:59
At. 00:15:05
215 Forest Ave. for your review. 00:15:06
On the day I received my 190 page public records request from clerk Candell. 00:15:10
Which was inadequate. 00:15:17
Especially in regards to planner Ohalloran's draft minutes, which are not yet published on the city website. 00:15:19
I'm making a formal request to have my PowerPoint presentation. 00:15:27
Which were submitted and shown by staff during the Zoning Administration hearing. 00:15:33
Be included? 00:15:40
Attached to the city website posted zoning administration hearing agenda. 00:15:43
All the letters from the public are attached. 00:15:50
Not my PowerPoint. 00:15:53
I'm also formally requesting that the actual posted AUP. 00:15:58
23-0179. 00:16:04
That condition 3. 00:16:07
To be in compliance with our municipal code. 00:16:10
23 dot 64.290. 00:16:13
D2B. 00:16:18
Which states? 00:16:21
The business shall comply with the ABC license requirements for a bona fide public eating place. 00:16:22
The words on the posted. 00:16:32
Revised AUP say the business shall apply for an ABC license. 00:16:36
Say I need your consideration of these important procedural. 00:16:45
Processes. 00:16:50
The draft minutes obtained by my public records request. 00:16:56
Need major revisions before being published. 00:17:00
Since the buck stops with you guys here, it really needs to happen. I received the the PR request the day after any other appeal 00:17:06
could have happened. 00:17:12
For me. 00:17:18
Thank you very much for your consideration. 00:17:19
Miss Dahmer, I'm going to ask you a question. This is not typical, but you. So you're asking this body to call up. 00:17:25
Of the matter you just referred to. 00:17:32
Which is at 215 Forest Ave. is it? Am I hearing you correctly? 00:17:35
Yes, four year review and to make sure that staff inserts the the appropriate and correct. 00:17:39
Information. 00:17:46
Thank you very much. 00:17:48
Thank you SO. 00:17:50
Then that means we need to shift into the rules that relate to call ups and that is provided for in. 00:17:53
Chapter 2374 of our code. 00:18:01
Which deals with appeals and call UPS. 00:18:05
And that's allowed under the. 00:18:08
Public comment section of the the code. 00:18:12
It does not require it to be A to that to be agendized. 00:18:15
And. 00:18:19
It's simply a matter, in the case of this Commission, to decide whether or not we wish to call something up. 00:18:21
Or in in this effect of initiating an appeal. 00:18:27
That process does not involve public comment. 00:18:31
And so. 00:18:34
You've heard? 00:18:36
Miss. 00:18:38
Lawrence and Dahmer's comments. 00:18:39
About this matter, and so at this point I would like to ask the Commission what your pleasure is. 00:18:41
In terms of of doing this, if this is something that you we've you feel we should do, I would add that it it just requires 3 00:18:47
people. 00:18:52
Three votes to to call something up. 00:18:56
I think that I've covered most of the. 00:19:00
The general aspects of this situation and the the the comments I just made. 00:19:03
So. 00:19:09
Commissioner Davidson. 00:19:12
Yeah, I think this has been more of a contentious thing in the last month and I think maybe waiting until our next meeting with 00:19:13
full membership and commentary from the public might be a good idea. 00:19:19
Unfortunately we can't do that because the the code says. I should have mentioned this, The code is very clear. 00:19:25
It has to be done at our next. 00:19:33
The next meeting following the issuance of the administrative use permit or the the action the decision made. So we either do it 00:19:35
tonight or we we don't do it. 00:19:39
So that's. 00:19:45
What we face So yes, I realize there's only five people here. 00:19:47
And in terms of of public comment, if we if we did call it up. 00:19:50
Then there would certainly be the opportunity for the public to weigh in. 00:19:57
Pro Recon, I suppose about. 00:20:02
The validity of the whole situation. 00:20:06
Commissioner Sawyer. 00:20:09
I would favor call up and my. 00:20:11
Cake on it is not so much. 00:20:15
On the project itself, but rather on the procedural issues that occurred around the project. 00:20:18
And I think it's really important that the city does the right thing. 00:20:24
In regards to this and at this point in time, I don't feel that. 00:20:30
That has clearly happened because AP. 00:20:34
Is inaccurate. 00:20:37
And also when you look at the type of ABC license that will be required. 00:20:38
Under the AUP which? 00:20:45
Was. 00:20:49
That. 00:20:51
Applicant was told they needed to have a kitchen. 00:20:51
We don't have any architectural drawings for a kitchen, so I deem this as incomplete and I would like to. 00:20:54
See it made. 00:21:00
Complete Thank you. 00:21:02
Thank you. 00:21:04
Any further comments, Commissioner? 00:21:06
Frederickson or Kubica? 00:21:09
Agree with the Commissioner Sawyer. 00:21:20
That there needs that I'm not against the project, I just need to understand the details and the process. 00:21:23
OK. 00:21:30
Any further comments about this? 00:21:32
Commissioner Davidson, just ask a point of clarification. Are we are we discussing right now? If we're just gonna call it up or we 00:21:35
already discussed? We're not discussing the merits or demerits of the thing. There has been some brief discussion about what may 00:21:40
be wrong. 00:21:44
About call up. 00:21:49
I I would point out. 00:21:50
In my tenure on the Planning Commission, since 2017, we've only had two call ups. They've been very rare. 00:21:52
And. 00:21:58
So it it I I suppose it's it occurs because there is procedural error or because there is a a mistake by. 00:22:01
The the other body. 00:22:10
But. 00:22:11
Whether there is that? 00:22:13
Not that here or not, I don't know it. I think that's a matter of of personal view. 00:22:15
Among each of the Commissioners that then would. 00:22:20
Motivate which way you might consider voting. 00:22:23
So I I don't want to overlay any impressions I have about whether this was. 00:22:26
Properly done or not on you or any other you know I I have my own views of it but. 00:22:33
I hope that answers your question. Yeah. Can I ask a follow-up? Sure. All the all the questions you want just out of ignorance 00:22:40
here in the morning, what constitutes A follow-up like what would normally constitute? 00:22:46
Someone to. 00:22:52
To call a follow up, it would be like we would hear an appeal which my understanding it would be a de Novo hearing just like we 00:22:53
have a regular use permit hearing and they would come with. 00:22:58
The the staff would make a report. 00:23:03
It would be just like any hearing we would otherwise hear, like we're hearing two permit hearings tonight would be like that, only 00:23:05
in this case it would be for a use permit. 00:23:10
4. 00:23:16
The address on the application. 00:23:18
OK. Any other comments, questions? 00:23:26
Or things like that. 00:23:30
So I've I've heard. 00:23:32
I I I tend to agree with Commissioner Sawyer and Kubica that we should call this up. 00:23:35
And and that being the case that. 00:23:41
Would unofficially mean that I count 3 people. 00:23:44
Who would want to call this up? 00:23:47
Which would constitute then. 00:23:49
The meeting the criteria that we had before us. 00:23:51
Regarding three people needing to call something up. 00:23:55
So. 00:23:58
Take a vote. So I I was just going to say I think we probably should take a vote just to be official about this. Would you agree 00:24:01
with that, Mister Perry? 00:24:05
Yes, you should. And to be clear, and you've done a good job of it here, All you're talking about now is the procedure of whether 00:24:10
you're going to have a call up. You're not talking about the merits and what you're basically doing, as you're allowed to under 00:24:17
the Brown Act, is voting whether to add an item to a future agenda. 00:24:23
So yes, I think a motion would be in order. 00:24:30
Do we need to place that an item this evening on that agenda or can that come later? 00:24:33
No, you don't. All you need right now is a vote on whether to approve the call up and if you get 3 votes. 00:24:40
Then the call up has been approved and then you put it on your next. 00:24:47
I think it says next, the next available agenda. 00:24:52
So in my opinion, what that means is that the next agenda that there's. 00:24:55
An opportunity for it to be heard if you have a very. 00:25:00
Heavy agenda, for example and. 00:25:03
In October and you wouldn't have time to consider this matter. I think it could go over to a meeting after that, but if it would 00:25:05
fit on the October agenda, then it would. 00:25:10
It could go on there, so I think I would let staff make that determination as the agenda is getting prepared. 00:25:15
What you're voting on now is just whether to call it up or. 00:25:22
We can certainly consult with staff with Mr. Campbell about that and at the appropriate time and and and make that. 00:25:25
Decision and. 00:25:33
So docket the thing. 00:25:34
So can I have a motion then to call this up from? 00:25:36
I make a motion that we call this up. 00:25:45
For a hearing in the. 00:25:49
To be arranged in. 00:25:52
The near future. 00:25:55
When there's a date available. 00:25:56
And it is for 215 Forest Ave. It's in regards to the AUP. 00:25:58
And it's for UM. 00:26:06
I guess the. 00:26:08
It's called Poppin hiss. I believe is the name of the. 00:26:10
There's a motion on the floor. Is there a second? 00:26:16
I second the motion seconded by Commissioner Kubica. 00:26:20
So is there any further discussion about this matter? 00:26:24
If not, then I'll have Mr. Campbell call the roll. 00:26:28
Commissioner salary. 00:26:33
Aye. 00:26:35
Commissioner Kubica. 00:26:36
Aye. 00:26:38
Commissioner Davison. 00:26:38
Aye. 00:26:41
Cheer Lily. 00:26:45
Aye. 00:26:45
Commissioner Frederickson. 00:26:46
Alright. 00:26:47
You have Five Eyes. 00:26:50
0 nays to absent the motion passes to. 00:26:52
Call up the AUP for poppiness. 00:26:57
Right, so as Commissioner, or as Mr. Campbell stated, the motion passed by a vote of five. 00:27:00
Or calling up. 00:27:08
The matter and. 00:27:10
None opposed with two absences, so we're ready to move on to other. 00:27:12
Public comments. 00:27:16
Uh. 00:27:18
That may may be out there this. 00:27:20
Probably took longer than most public comments, but more than 3 minutes. 00:27:23
But is there anybody else who would like to make a public comment of items that are not on the agenda this evening? 00:27:28
Sure. 00:27:36
Well, it's not on the agenda. So you can you can speak for three minutes, yes. 00:27:45
Please, you know, please announce your name and in your address, although you don't have to, but I I I need to say that. 00:27:50
Yes. 00:27:57
I just wanted to clear. Hi, I'm Michaela. Hello, Michaela. What? 00:27:58
Hello, I'm Michaela Kenster. I am poppin hiss at 215 Forest. I just wanted to. 00:28:01
Clarify a couple of things because. 00:28:08
The kitchen. 00:28:11
That Inga mentioned that wasn't on the drawings that she saw. 00:28:12
She saw the drawings that I put to the ABC application. 00:28:16
They don't need to see any kitchen on there. 00:28:21
I can't actually. 00:28:23
Show the kitchen on the architectural drawings until my zoning usage is approved. So for the city, there's two separate entities, 00:28:26
the ABC. 00:28:30
And the city and. 00:28:35
They don't require the same things. 00:28:37
So the application that she saw in her PowerPoint that she wanted to show is actually my ABC. 00:28:39
Application. 00:28:45
And it is not the same as the city. 00:28:46
So as far as architectural drawings that include my kitchen requirements, that is. 00:28:50
Going to be official and out there as soon as I get my usage. 00:28:56
Uh. 00:29:01
OK, so. 00:29:02
I'm and and also the application for the ABC liquor license that. 00:29:04
The type 90 that she's referring to. 00:29:08
Is not. 00:29:11
It's a different license. It does. It didn't exist before January, so she's referencing licenses that are. 00:29:13
Typed. 00:29:20
For restaurants. 00:29:21
Like. 00:29:23
And she's saying that those that I don't like, I'm in. 00:29:24
I just wanted to clarify that because these two entities, yes, they work together. 00:29:29
You know, in tandem to create businesses, but they don't require the same things. 00:29:34
So I just wanted to point that out. 00:29:40
Umm. 00:29:42
I don't know. I missed a little of what she said and I I don't know. 00:29:43
I was told that I was. 00:29:48
I already went through the whole hearing process a month ago, almost. 00:29:50
And I'm and I, you know, I need to know what's going on because I keep having to stop what I'm doing, you know, But I'm full. All 00:29:55
of the things I'm trying to do are fully within the usage that I'm asking for. 00:30:00
You know, live music and alcohol sales are included in a pub usage and that's what I'm trying to do. 00:30:06
So I'm just a little confused and kerfuffle bed and the kitchen and situation is I have drawings for that but I can't submit them 00:30:12
until I can get clearance so. 00:30:19
They exist. I can text them to y'all if you want, but you know it's they're not. 00:30:25
Officially official, right? I don't. I don't know, guys. I just feel like a little bit. 00:30:30
Beat up about it but. 00:30:37
I'm just trying to do the things that I am allowed to do as per. 00:30:38
The code. 00:30:43
Umm. 00:30:44
And the usage that was I was told I was able to have before. 00:30:45
There was a word on there. It said restaurant. That was incorrect. We're changing it. We changed it. 00:30:49
On the 21st at the hearing that everybody was at. 00:30:55
To pub. 00:30:58
They're basically the same thing. 00:30:59
Sorry. 00:31:01
Are you done? We'll finish your sentence at least. 00:31:02
Well, so we changed it to pub and then we put it in the window and it was there for 10 days. 00:31:05
And then that that lapsed, and I thought I was. I understood it. That meant that I'm all good now. 00:31:10
You know. 00:31:16
Why? I just am confused as to why I'm. 00:31:17
Yeah. 00:31:19
You know. 00:31:21
While we're still. 00:31:22
Doing this. 00:31:23
Anyway. 00:31:25
Thank you for coming. We'll get to the bottom of this when we have the hearing and I hope you come. Usually I don't comment back, 00:31:27
but given the situation. 00:31:31
I hope you come to that and explain all of this and we'll go from there. 00:31:35
OK. 00:31:40
Thank you. 00:31:41
Next, Anyone else Marsha. 00:31:45
Martha, you may speak. 00:31:51
Thank you very much. Good evening, planning commissioners. 00:31:53
I wanted to address a crossover problem. 00:31:58
That is the responsibility. 00:32:02
Of both. The Planning Commission. 00:32:04
And that's and the BRC and thus far. 00:32:07
I see no mention of it in Commission documents or city documents. 00:32:10
The problem I want to address is single use plastics. 00:32:15
And it's very significant used in the cannabis retail industry. 00:32:19
I hope you will. 00:32:24
Put this on your agenda in in the future before all the T's are crossed and the eyes are dotted. 00:32:27
On our cannabis ordinance. 00:32:36
And and and the BRC single. 00:32:39
Use plastics ordinance. 00:32:43
No one disputes that plastics microplastics are hazardous to human health. 00:32:46
And to the environment and wildlife. 00:32:52
It's good. I'm happy that the BRC has developed the policy regarding. 00:32:54
Single use plastic wastes demonstrating that citizens. 00:33:00
And are elected, recognized, and are truly concerned about single plastics hazards. 00:33:05
To such an extent that PG appears to be taking the lead. 00:33:10
And Monterey Peninsula regarding the serious pollution problem. 00:33:14
I support this policy. 00:33:19
If it is applied uniformly to all businesses and PG and is enforced fairly. 00:33:21
However, as I noted before, there's no mansion about how this policy will affect PG's pending. 00:33:27
Cannabis retail store and medicinal cannabis delivery business. 00:33:35
The cannabis business model makes significant use of single use packaging for its loose cannabis flower buds. 00:33:40
As well as a non recyclable. 00:33:48
Dupes, to name a few items. 00:33:51
In fact, a recent study 2021. 00:33:54
Said that. 00:33:58
The IT was the Grandview study found plastic dominated the cannabis market. 00:34:02
Accounting for more than half of all packaging. 00:34:08
Sold in 2021. 00:34:11
So. 00:34:15
Uh. 00:34:16
Some locations are already concerned about the cannabis industries heavy reliance on single use plastics packaging. 00:34:17
And I think PG should also be concerned. 00:34:25
There is also Canadian environmentalists who are concerned about. 00:34:30
Cannabis Plastic use in Canadian? 00:34:35
Landfills for over a year period. 00:34:40
Over. 00:34:43
5 to 8 million to 64,000,000 kilograms. 00:34:45
Were. 00:34:50
A plastic cannabis packaging ended up in landfills. 1 kilogram equals two point. 00:34:50
Pounds. OK, Double. You know your last sentence or so, Marsha? 00:34:59
Uh, yes, I would think that. 00:35:03
Uh. 00:35:07
While that, this problem should be addressed now, while the two commissions are developing new ordinances. 00:35:08
Or single use plastics and retail cannabis. 00:35:15
Because it's an important crossover issue that should not be ignored. 00:35:18
Thank you very much. 00:35:22
Thank you. I see Council member Kolettis has is on the the list and has his hand raised. He wasn't apparently available when we. 00:35:24
Had. 00:35:34
Announcements Are you available to have an announcement now all Council member Coletti? 00:35:35
I I sure am apologies for the technical difficulties earlier. 00:35:40
I have no announcements. I just wanted to let you know. 00:35:45
Nothing, nothing much to announce I should say. 00:35:49
I just wanted to let you know that the City Council subcommittee is actively engaged in. 00:35:53
The recruitment process for an interim city manager. 00:35:57
And that that announcement has been made to the public and is available on the city's website. 00:36:01
Thank you. Have a good week. 00:36:06
Good to know. Thank you. 00:36:08
So now to continue on with general public comments. Tony Chiani. 00:36:11
Hand is raised. 00:36:17
And then I see two others. Good evening, planning commissioners and planning staff. 00:36:20
I strongly urge. 00:36:29
And strongly request. 00:36:31
That the Planning Commission. 00:36:35
Conduct 2 meetings each month. 00:36:37
Which are necessary to address. 00:36:40
All matters. 00:36:42
Uh. 00:36:44
Regarding. 00:36:45
You're oversight. 00:36:47
And continuing obligations to carry out. 00:36:49
The goals and policies of the General Plan and Local Coastal Program. 00:36:53
I'm not going to repeat it, but I want to. 00:37:00
Underline it, make it bold. 00:37:02
You have. 00:37:05
The responsibility to set your agendas. 00:37:06
Uh. 00:37:10
And with all due respect, act. 00:37:11
The notion that. 00:37:13
The Planning Commission continues. 00:37:16
To meet only monthly. 00:37:19
And with trailing items. 00:37:21
And looking at all the things that are. 00:37:24
On your agendas and. 00:37:26
Have been. 00:37:29
There before you. 00:37:31
Please. 00:37:33
Start having meetings twice a month. 00:37:35
Thank you. 00:37:37
Thank you. 00:37:39
Baby stern. 00:37:44
Hi there. 00:37:53
Katie Stern here. I just wanted to express my support for his and pop. 00:37:54
And also wanted to. 00:38:00
See Chair Lily if this is something that. 00:38:03
Still needs to be part of the pull up process. 00:38:06
Based on the previous confusion that. 00:38:10
About the kitchen and all of that, I know for small business owners, any delays, including a month or two delay can be pretty 00:38:13
significant for someone trying to start. 00:38:19
A new business and any chance we can to support small business owners? I think it would be helpful. 00:38:25
Not sure if that can be up brought up for discussion again, but also just want to support. 00:38:31
New business owner and share my excitement that. 00:38:36
This will be coming to Pacific Grove hopefully. Fingers crossed. Thanks so much. 00:38:40
Thank you. 00:38:44
Lisa Chiani. 00:38:49
Lisa Johnny, welcome. 00:38:51
Thank you. I appreciate that. 00:38:54
The Planning Commission has called up. 00:38:59
215 Forest. 00:39:01
I think Commissioner Sawyer gave a. 00:39:03
Very good. 00:39:09
Description of that. 00:39:11
But. 00:39:13
But. 00:39:14
It's it's, I think, an amazingly huge issue in the community. 00:39:15
The amount of misunderstanding. 00:39:21
Umm. 00:39:24
And and it it. 00:39:26
Very much needs to be cleared up. 00:39:28
And and the procedures. 00:39:31
Clarified so, so thank you very much for calling that up. 00:39:34
I It does remind me, however, since this is a call up. 00:39:39
That I. 00:39:44
Confused about. 00:39:46
Where the Planning Commission left off with the discussions. 00:39:48
Of call ups and the call up rules and and that problem. 00:39:52
About. 00:39:56
The timing not being right for call UPS from. 00:39:58
ARB. 00:40:03
And so I hope that's coming back. 00:40:05
Soon to be. 00:40:09
Result. 00:40:12
Umm. 00:40:13
And otherwise I'll check with staff and see. 00:40:14
See if I missed something. Alright, thank you very much. 00:40:18
Thank you. 00:40:21
Any further comments? 00:40:25
Mike or Mr. Gibbs? 00:40:29
Thank you, Chairman. Thank you, Planning Commission. My name is Mike Gibbs. I'm with the. 00:40:33
EDC I'm here speaking on my own behalf. 00:40:37
You know, I appreciate. First of all, I appreciate the. 00:40:40
Chairman and the Commission's. 00:40:43
Policy and taking comments and getting full. 00:40:46
Discussion out there, I think is a good thing to do in a model for all the other boards and commissions here. I just rise tonight 00:40:49
to commend it. 00:40:53
The. 00:40:58
The people of Pacific Grove came together this past weekend at George Washington Park. 00:41:00
With the cleanup and this was on the City Council. 00:41:05
Agenda last last time and there was quite a bit of discussion. 00:41:08
About the 1991 plan, The 2022 plan. 00:41:12
And what needed to be done and there really wasn't a whole lot of direction in my opinion, but the public came out on Saturday 00:41:16
and. 00:41:19
Christine walking stick from the NRC and other members of the BRC were there. 00:41:23
Colin Goldsmith from the Record was there. And the 15 or 20 people, and they had good coffee and Donuts. 00:41:28
Yeah, but they were clean up about, you know maybe a couple 100 square foot of of Park. 00:41:34
Just South of Short St. 00:41:39
And you know, as a massive effort, but that was 4 loads, 4 flatbed loads of trash. 00:41:42
Of branches and brush. They were highly flammable. 00:41:48
And the issue for the I live on Alder St. one block South of the park right now, and the fire load in that park is about my 00:41:52
estimate. We've had some. 00:41:57
Talk about This is probably about four times what it was in 2017. Go back and look at George Washington Park. 00:42:03
2017 And today you can't even get through the park. 00:42:09
Even on the trail in some spots with your dog or with your kids, we don't let our kids and grandkids go in there anymore. So I 00:42:13
just wanted to raise one thing That's a really interesting board and Batten. 00:42:18
This week. 00:42:23
Is Emily Williams. Emily Williams was a great female architect, One of the. 00:42:24
You know in early Pacific Grove in 1906 and she built 6 houses with a partner, Lillian Palmer. 00:42:30
Who was her life partner and a great artist? 00:42:35
Arts and crafts artist. 00:42:39
And they're all in the chestnut. And they're all older, the 200 block at 243 older. 00:42:41
Is a very small board and batten home that she built and then there's a plaque on it. 00:42:46
About 1/2 a block up from my house, which looks exactly like these these homes. 00:42:50
And there was a young woman in a wheelchair that resides in that house. 00:42:55
Well, it is 30 feet from dead brush and piles of 00:42:59
that stuff. 00:43:03
And Washington Park. And if there was a spark. 00:43:04
You know, from a car with we found cartridges, vape cartridges in there when we were cleaning up. 00:43:07
That's going to be a problem, right? So that our home and the other six. 00:43:12
Historic homes in the area designed by M Williams are going to be at risk. 00:43:17
And so I comment on the BRC and all the. 00:43:22
People that came out rocky, that carried a lot of the stuff away. 00:43:25
To to make it a safer park. This will be an ongoing issue. 00:43:29
And I encourage other people to come out for these cleanups, but we need more help than that. Thank you very much. Thank you. 00:43:32
So I think that. 00:43:43
On my list is all the public comment. Mr. Campbell, you do. Do you agree? 00:43:44
I see no other commenters. 00:43:50
So we now come to the consent agenda on the. 00:43:52
Agenda. 00:43:55
This deals with routine and non controversial matters. It may include actions on resolutions, ordinances or other public hearings 00:43:56
for which testimony is not anticipated. 00:44:01
We have several items on the consent agenda this evening. The first item is Planning Commission. 00:44:07
2023 Work plan. It is a report for information only. We update that report. 00:44:13
Every month. 00:44:19
Umm. 00:44:21
Retroactively and then try to project ahead and and. 00:44:22
Projection of the header. Sometimes they're inaccurate, but in any case that is on the. 00:44:27
Consent Agenda as our minutes for June 8th. 00:44:34
July 13th and August. 00:44:37
Date in August, August 10th. 00:44:41
So would any member of the Commission. 00:44:46
Like to remove any of these items from the consent agenda, Commissioner Sawyer. 00:44:50
I would like to continue on the June 8th. 00:44:55
Minutes. 00:45:00
The July 13th minutes and the August 10th minutes to the October meeting. 00:45:01
OK, October 12th is that. 00:45:11
Yes. 00:45:13
OK. 00:45:15
Well, you you seek to have it removed, so. 00:45:19
Leave it at that right now. 00:45:22
Would any staff member like to remove the remaining item from the consent agenda? 00:45:25
Would any member of the audience like to remove the remaining item from the consent agenda? 00:45:30
All right. 00:45:37
Then we need a motion to adopt the consent agenda with the one item. 00:45:39
On it? Or can I have a motion to adopt? 00:45:44
The consent agenda with the work plan. 00:45:47
Yeah, motion to adopt the agenda with just the work plan. Commissioner Davidson has made a motion to approve the consent agenda 00:45:53
with the item of the work plan Is there second to that motion? 00:45:58
I seconded the motion and that motion is seconded by Commissioner, because there any further discussion. 00:46:05
If not, then Mr. Campbell, would you call the roll all those in favor, say aye. Those those opposed say nay. 00:46:11
Commissioner Davidson. 00:46:17
Aye. 00:46:19
Commissioner Kubica. 00:46:20
Commissioner Sawyer, Commissioner Frederickson. 00:46:23
And chair Lily with five I, 0 nays and two absent the motion. 00:46:28
Passes. 00:46:34
All right, so the motion is, Mr. Campbell said. Passes 5. 00:46:35
Votes forward, none against and two absent. So now we come to. 00:46:39
The. 00:46:44
Public hearing portion of our agenda. 00:46:45
And there are. 00:46:48
To permit items on the agenda this evening. 00:46:53
The first one is. 00:46:56
Architectural permit use permit and variance permit #22 O 284773 and 775 Ocean View Blvd. and Pacific Grove. 00:47:00
Assessor Parcel number 006071007. 00:47:11
Before we. 00:47:17
Proceed with that though. Let me first. 00:47:18
Review our Our Rules. 00:47:22
And that would be. 00:47:26
The applicant will or the? 00:47:29
Staff will make a report. 00:47:32
That will be followed by the. 00:47:34
Applicant making a presentation of up to 10 minutes. 00:47:36
Mr. Campbell, is anybody asked or made application to to oppose the application? 00:47:41
Or Mr. Sidor, I'm sorry, has anybody registered with you to speak? No one has applied for opposition, so they. 00:47:50
You know cannabis is, is, is after this. 00:48:05
Just see or through the chair. No, no one has. 00:48:14
That there has been correspondence received regarding the project but no one has requested to be. 00:48:18
The lead? 00:48:23
For the opposition. 00:48:24
Apparently there is organized opposition, though in the public would if if they. 00:48:27
The rules state that if there is organized opposition that they can get together and they can speak as a a group. 00:48:33
With one or two people speaking for them and have. 00:48:42
Equal time to the applicant, which would be 10 minutes. 00:48:46
If that's the desire of the people here who might not like the application, then I would. I would recognize that even though. 00:48:49
We usually ask if. 00:48:58
There has been registration with the staff, apparently. 00:49:00
There wasn't or or there. There was a miscommunication. I don't know, but if that's your desire. 00:49:04
Then I would recognize. 00:49:09
That being the case of that, if that's acceptable to you. 00:49:11
No, you don't need to register as individuals, only as a group as a. 00:49:22
You know, if you had, say, 30 people. 00:49:26
You know it's it's a lot easier frankly for us to get through an agenda if if. 00:49:29
It's, it's. 00:49:35
Aggregated into into one grouping. So if you want to speak as individuals for three minutes, then you're certainly entitled to do 00:49:37
so and you'll have that opportunity during the the appropriate time in this presentation. 00:49:43
At that point after. 00:49:51
Public comment, then you would be under public comment. 00:49:53
Then the. 00:49:57
We will close the proceedings to. 00:50:00
Further public comment and then have discussion. 00:50:03
On the Commission and see if we can render a decision. 00:50:07
So with that, now I'm ready to proceed with the the staff report. 00:50:10
That would be Mr. Sidor. 00:50:16
Umm. 00:50:18
Is this your? This is your project I believe? 00:50:20
Yes, Chair, I'll be giving the presentation for this project this evening. 00:50:26
OK. Please proceed. 00:50:31
No. 00:51:17
Good evening, Chair and Commissioners. The applicant proposes to remodel an existing 2343 square foot two-story duplex. 00:51:18
Including installation of an elevator and construction of a roof deck. 00:51:28
The project would also include an interior reconfiguration of the garage area. 00:51:33
To increase the number of existing. 00:51:37
Parking spaces. 00:51:39
Thereby reducing the need for street parking. 00:51:41
And reducing the interior habitable space. 00:51:43
Enclosure of the exterior stairs to the upper unit. 00:51:47
New exterior stairs to the roof deck. 00:51:50
And a new balcony area on the second floor. 00:51:53
Use permit is required per code section 2360 FOUR 120. 00:51:59
To allow the elevator shaft to exceed the maximum allowed height. 00:52:03
Of 25 feet. 00:52:07
And the elevator would rise to a height of 27 feet. 00:52:08
The variance is required to allow a reduction of the rear setback. 00:52:13
And minor increases to both building and site coverage. 00:52:17
The existing nonconforming rear setback would decrease from six feet. 00:52:20
To 1 foot. 00:52:24
The existing non conforming building coverage. 00:52:26
Would increase by 132 square feet. 00:52:29
And the existing nonconforming site coverage. 00:52:32
Will increase by 10 square feet. 00:52:35
To accommodate the elevator to the second story of the duplex. 00:52:37
And to the roof deck. 00:52:41
Most of the proposed elevator. 00:52:43
Area would be placed over existing site coverage. 00:52:45
Multiple properties in the vicinity have nonconforming development. 00:52:49
And the city has approved. 00:52:53
Either use permits or variances, or both on other properties in the vicinity for similar types of development. 00:52:55
The Architectural Review Board considered the project on May 16th, 2023. 00:53:03
And adopted a recommendation to the Planning Commission. 00:53:08
To deny the use permit and variance. 00:53:11
And to grant approval of the architectural permit. 00:53:13
Subject to plans that conform to the existing code. Specifically, the ARB recommended the elevator only provide access. 00:53:16
To the second floor. 00:53:24
And be contained within the existing structure of footprint. 00:53:26
And that access to the roof deck be provided by exterior stairs. 00:53:29
Or an interior hatch. 00:53:34
In response to the ARB's recommendation, the applicant revised the proposed project designed to decrease the height. 00:53:37
And footprint of the elevator, yet retain elevator access to the roof deck. 00:53:44
And to decrease the height of the main structure. 00:53:50
The revised plans also reflect the building code requirement to have an open staircase. 00:53:53
To the roof deck in addition to the elevator. 00:53:58
Staff recommends the Planning Commission approve the architectural permit. 00:54:01
Use permit and variance subject to the findings. 00:54:05
Conditions of Approval and a Class 1 Categorical Exemption. 00:54:08
This concludes staff's presentation. 00:54:13
And I'm available for questions, and the project applicant is also available to respond to questions. 00:54:15
I'll defer questions until the Commission discussion. Is there someone representing the applicant this evening? I think I 00:54:22
recognize Jeannie Byrne. 00:54:27
Presumably or the project architect. 00:54:32
Yes, I'm Jeannie Burns, architect for the project. 00:54:38
As you know, this is an existing duplex. 00:54:44
And it is in the Mermaid neighborhood. 00:54:47
Almost without exception, the properties in this district do not meet the zoning standards. 00:54:51
By at least one or sometimes many non conforming conditions. 00:54:56
The project. 00:55:00
This project, like most of the neighbors. 00:55:02
Had several. 00:55:04
Existing exceptions to the zoning standards. 00:55:05
Which is probably part of what makes it fit in this. 00:55:09
District. 00:55:12
So to address each individual permit. 00:55:14
As far as the variance. 00:55:18
It's really to replace to replace the existing open stair and landing. 00:55:21
With an enclosed staircase and an enclosed landing and elevator. 00:55:26
Which is required. 00:55:31
Which requires a slight. 00:55:33
Reduction in the rear yard setback. 00:55:34
The plans as shown in is described by the planner. 00:55:38
The building set back current is 6 feet. 00:55:43
However, the. 00:55:47
Actual setback of the existing stair and landing. 00:55:50
Is 1 foot 11 inches from the property. 00:55:54
So we are reducing that by 11 inches. 00:55:57
So that the rear yard setback would be 1 foot. 00:56:01
Previously it was 6 inches, so we have revised that based on information from the ARB. 00:56:04
There's still adequate access if you want to put up the site plan. 00:56:12
Course. 00:56:18
I can't see the site plan. 00:56:19
Unless you put it on this computer. 00:56:21
I'll see you together. 00:56:25
So the site plan. 00:56:28
Shows the rear. 00:56:30
Uh. 00:56:34
Setbacks and there's still adequate access because the project is on the corner of Ocean View and Moss Ave. 00:56:36
So it has a two St. access. 00:56:45
And there's also access down the other side of the property. 00:56:48
We also decreased the gross floor area by putting an. 00:56:55
Deck on the ocean view side. 00:57:00
Which helps to defer the. 00:57:02
Massing that's on that ocean view side. 00:57:05
As you see the existing building, it's a two-story straight up wall. 00:57:08
And we have. 00:57:13
Sort of decreased the mass and what that inset balcony. 00:57:14
Also. 00:57:22
We're restoring the existing garage, which is currently being used as living space. 00:57:24
To A2 full car garage. 00:57:29
Which eliminates one of the nonconforming. 00:57:32
Current elements. 00:57:35
For the use permit. 00:57:38
It allows the elevator which accesses the 2nd floor residence and also provides access to the roof deck. 00:57:41
Similar to several of the other projects in Ocean View and Mermaid. 00:57:48
And as the planner mentioned, there are several addresses that they listed on Ocean view that's in your packet. 00:57:52
That have similar conditions. 00:57:59
From the beginning of the project we have considered the visual impact from ocean view. 00:58:02
Of the elevator and located it at the rear of the. 00:58:07
Of the project at the rear elevation. 00:58:10
In response to comments by ARB and neighbors, we have reduced the height of the elevator shaft. 00:58:14
From 2 foot nine to two feet. 00:58:21
Above the 25 foot limit. 00:58:25
Which is actually. 00:58:28
Less height than surrounding buildings. 00:58:30
The 2 foot exception is. 00:58:33
A length of 5 foot 11 inches. 00:58:36
Parallel with the rear wall. 00:58:39
Of the duplex. 00:58:41
And it's to the westerly end of the project which also helps minimize visual impact. 00:58:43
And I would have the planner put up two of the pictures we took. We took two pictures from two different locations at the mobile 00:58:52
Home Park. 00:58:57
To see the visual impact of the flagging. 00:59:02
I don't know if you have those up. 00:59:08
So that's the rear elevation. 00:59:21
Current which we are improving. 00:59:24
That's the side elevation so you can see the the odd sloped front roof. 00:59:32
That goes into a flat roof and into the architectural. We have improved that condition. 00:59:38
If you go to the next ones. 00:59:45
This is one of the pictures from the mobile Home Park that shows the flagging. 00:59:51
And this is the second picture from a different location showing the flagging. 01:00:00
And that's from the mobile Home Park. 01:00:06
So then we should showed you an elevation. 01:00:13
With the shaded area and the dark line above. 01:00:17
That's actually within the allowed height limit, which is what we could go to with the roof and or a deck. 01:00:21
And if you look below that. 01:00:28
You can see the glass railing. 01:00:31
And we are considerably less impact and lower than what's allowed. 01:00:33
For the deck, so the only thing exception we're looking for. 01:00:38
Is the 5. 01:00:42
Foot 11. 01:00:43
And two feet higher than the. 01:00:45
25 foot. 01:00:47
Limit. 01:00:48
Access to the roof deck will give the owner an outdoor living space similar to neighboring properties. 01:00:53
And as you know, most of those properties down there have very little ground. 01:00:59
Open space and some of them have accommodated that by doing the roof decks. 01:01:04
The architectural permit, the changes that we made was. 01:01:11
The existing roof is a tile slope roof only on ocean view side, which you saw a picture of. 01:01:16
The new roof will be a full hip roof with the sloped roof on all sides. 01:01:22
This sets the roof deck 6 feet from the exterior walls, creating privacy for the adjacent properties. 01:01:27
Most of the roof decks that are there are. 01:01:34
Literally wall line to wall line. 01:01:37
So there is no exception, no privacy. 01:01:40
Granted to the. 01:01:43
Adjacent neighbours. 01:01:45
The top of the proposed glass deck railing is 2 feet above the tile roof. 01:01:48
And three feet below the height limit for minimal visual impact. 01:01:53
The existing open stairs and landing will be enclosed with the wall finish. 01:01:57
Matching the existing wall finish. 01:02:02
And the code requirement was mentioned for the exterior. 01:02:05
It's a minimum emergency exit stair. 01:02:10
Umm. 01:02:14
That's required for all elevator access. 01:02:15
The garage doors, which we did not have a picture of. 01:02:20
Well, there's two separate garage doors. It'll be replaced with a single double door. 01:02:25
With. 01:02:31
Small lights across the top panel. 01:02:32
And I think that. 01:02:38
Oh, previously there was also a question about the archaeological report. 01:02:42
One was not required, but we did have the archaeologist review the site and of course they'll have the standard requirements for. 01:02:47
Any remains that are found. 01:02:55
So if you have any questions, I'm happy to answer those or reserve some time to. 01:02:58
Answer. 01:03:03
Comments. 01:03:04
I feel like we're there. Any questions or? 01:03:06
You. 01:03:10
Why don't we wait and then we can call you back? All right. Thank you. 01:03:11
All right. We will now come to the public comment portion of the agenda. Well there if that that concludes in the applicants 01:03:17
remarks. So we now come to the public comment portion of the agenda. 01:03:23
Is there anyone in the public who would like to speak regarding this project? If so, please come to the front and. 01:03:29
State your name and address although. 01:03:36
You're not required to, but we would like that for our records. 01:03:39
I'm Marianne Morelli. My husband and I live behind the Ocean View property. 01:03:51
ARB members unanimously denied the use permit and the variance which would permit the construction. 01:03:57
An outside elevator shaft to the third floor. 01:04:04
We urge you to do the same. The modifications proposed since the ARB denial do nothing to mitigate our concerns. 01:04:07
Of loss of both privacy and view. 01:04:15
Staff report is based on only looking at this building from the north on Ocean View Ave. 01:04:18
And is not taken into consideration those of us to the South behind the proposed. 01:04:24
Construction who are severely impacted. 01:04:29
We agree with the RB's findings that an interior elevator to the second report. 01:04:32
Place that massive exterior commercial looking elevator which violates height, setback codes, percentage of lock coverage. 01:04:38
And it's not compatible with the existing development. 01:04:46
Erb concluded their answers are for extraordinary needs and the applicants findings aren't compelling enough to grant a variance. 01:04:49
The elevator shaft violates too many design guidelines. 01:04:58
The elevator shaft and setback doesn't comply to codes. The city has codes for a purpose and our duty is to follow them. 01:05:02
The architectural design has a balcony on the 2nd floor that would give the owner some outdoor space to enjoy. 01:05:10
Although views are not and protected, it encroaches on the views of neighbors because height limits were extended. 01:05:17
We are one of 10 neighbors on our street who will be losing a significant portion of our view as well as privacy. 01:05:24
When we bought our house 13 years ago, we thought we were protected by the 20 foot height limit. 01:05:32
Yet we find that owners on Mermaid Lane and Ocean View try to build on the precedent of a previously issued variance. 01:05:38
Even though they. 01:05:45
When they bought their property, they were aware of the size of their lot and the limited outdoor space. 01:05:46
Significant privacy is lost. 01:05:52
As roof decks, lowest looked directly into our front living room windows. 01:05:55
Contrary to the staff report. 01:06:00
Which only views the property from the north and despite. 01:06:02
Nine and four inch reductions in height. The proposed construction violates staff cited guidelines 7 and 9 outlined in the 01:06:06
Architectural Review Guidelines for Single Family. 01:06:12
Residences, which state 2nd floor balconies and decks, should be designed and located to minimize the loss and privacy of davening 01:06:18
properties. 01:06:22
New construction should be positioned to maintain views from adjacent properties and avoid creating a tall mass. 01:06:27
Adjacent to neighboring structures. 01:06:35
Minimize the visual impacts of new construction on adjacent properties. We really urge you to deny the variance and the use 01:06:37
permit. 01:06:42
Thank you. 01:06:52
If so please. 01:07:00
Turn. 01:07:02
State your name. 01:07:03
Good evening, Commissioners and staff. 01:07:30
I'm here tonight to do a presentation about the property at 773775 Ocean View Blvd. My name is Judy Cole. I live at 700 Briggs 01:07:32
Ave. #9 with my husband, and we've lived in our property for the past 11 years. 01:07:42
I request that the Planning Commission deny the proposed permits. 01:07:53
We all purchased our homes with an understanding of the height limit of 75 feet. 01:07:58
The variance violates the adopted height requirement and greatly diminishes the views from our home. 01:08:04
A variance request is justified only if special conditions exist on the lot. 01:08:15
That create hardship and making it too difficult to comply with the codes normal requirements. 01:08:21
Likewise the request for a variance on a normal lot. 01:08:28
With no special conditions. 01:08:32
Could you judiciously be denied? 01:08:34
The special conditions are hardship. 01:08:37
Typically must arise from physical configuration of the lot or its structures. 01:08:40
We strongly oppose the use of variances for this project project. 01:08:46
23.12 dot 030 PG Municipal code. 01:08:52
States that no building or structure shall be erected. 01:08:58
Reconstructed our. 01:09:01
Structurally altered. 01:09:03
In any manner. 01:09:07
Nor shall any building or land be used for any purpose, then is permitted by an in conformance. 01:09:08
With this title in all ordinances, laws. 01:09:15
And maps referred to. 01:09:19
Herein. 01:09:21
A major remodel of 77 three. 01:09:23
Slash 775. 01:09:27
Should be used to correct previous. 01:09:30
Discrepancies. 01:09:34
And violations rather than seeking A variance request. 01:09:36
With additional rule changes to accommodate the proposed modifications. 01:09:41
Possibly establishing precedent for future projects. 01:09:47
Violation of codes as presented. 01:09:53
Sorry. 01:09:57
Stop. 01:09:59
Increased height of structure will affect many neighbors, while the current property will continue to have an unobstructed ocean 01:10:03
view. 01:10:07
They have a lovely view from the front front of their property, which I'm sure they're grateful that they have that. 01:10:12
Most egregious? 01:10:18
The height of the story polls is not representative of the project, especially now. 01:10:20
That they're changing. 01:10:26
The elevations. 01:10:28
The exterior elevator will affect views. 01:10:30
The access of an outside deck with railing the same. 01:10:35
I was really amazed when I saw. 01:10:39
I'm sorry my Uptown there. Well, conclude your remarks if you can. I can very quickly please. Half a sheep just interject here. I 01:10:42
was amazed. I was the first one to notice. 01:10:48
The story polls that went up with the green netting. 01:10:54
Because I open my windows every morning to enjoy my view. 01:10:57
And I went, ohh, my goodness, what's happening here? So then I went down to the property. It does affect several properties South 01:11:00
of the address. 01:11:05
All the reports indicate the ocean view frontage. 01:11:10
The question is. 01:11:13
What is the vision for zoning in this area? 01:11:15
Are we going to continue to use? 01:11:19
Previous variances as a precedent for future development. 01:11:22
Needs to be a level of fairness, the ARB. 01:11:27
Recommend it tonio. 01:11:31
So please do not approve this permit. I thank you for the time. Thank you. 01:11:33
Thank you. 01:11:52
Yes, low commissioners and staff, thank you for hearing our voices. 01:11:54
My name is Julie Almquist and I'm also a resident of Monarch Pines Briggs Ave. 01:12:00
I was lucky enough to be born and raised here on the Monterey Peninsula. 01:12:07
And in 2016, my husband and I fulfilled a dream. 01:12:12
Of getting to move back to. 01:12:16
This area. 01:12:19
Finding a little house with amazing views on our spectacular Bay. 01:12:20
Last spring, it was just devastating to me to see the story polls go up. 01:12:26
To take away more of the view, we're aware that there are the variances that happen before we moved in. 01:12:33
And I thought, surely this can't be legal, you know, it can't be part of Pacific Groves vision or plan or code. 01:12:40
So I was delighted, actually, when the story polls came down in early August, I thought, OK, maybe this is going away. 01:12:49
And to hear that the architectural Review board. 01:12:58
Voted to deny the variance that it did not conform to code and it did not fit the legal requirements for a variance. 01:13:01
Umm. 01:13:10
Which should be based on an unsurmountable circumstances with the lot, which isn't the case here. 01:13:11
So then I was really dismayed to see the staff report where they recommend to approve this permit based on some very minor 01:13:19
revisions. 01:13:24
And then I realized, well, wait a minute. 01:13:30
Where are the new story polls? We can't see the impact of these revisions there. They haven't been up. 01:13:33
For. 01:13:40
Weeks. 01:13:40
So is that legal to approve a permit when without that transparency? 01:13:42
To see how it will impact our view. 01:13:48
And again, my understanding is that variances can only be granted based on the circumstances of the lot. 01:13:51
Not granted on personal circumstances like meeting an elevator for an older person. 01:13:59
So please. 01:14:05
I invite you all to come for a quick visit. 01:14:07
Come to our neighborhood. 01:14:10
See the view that makes our ordinary little homes extraordinary. 01:14:12
And please do what's right and do what's fair. Don't sacrifice our view. 01:14:17
For a questionable and unnecessary variance, thank you very much. 01:14:23
You. 01:14:29
Thank you. Good evening. My name is Marian Moe. I'm a resident of 700 Books Ave. #2 and I'm also land use attorney and I'm gonna 01:14:37
give you a quick big picture and a quick apply to site specific issues. You're being asked to take action on appearance tonight 01:14:44
and the reason in the zoning code as you probably learned in the Planning Commission school is, is that includes. 01:14:51
Provide the land use tool to avoid a regulatory taking which would be unconstitutional. 01:14:59
It's based on the concept that without the variance and only absent variants are property owner could not make a viable use of 01:15:04
their land. It's not based on physical characteristic, a personal need, but the characteristics of the lot that needs to be a 01:15:11
unique, presented, unique problem that makes the lot essentially unbuildable. 01:15:18
Secondly, you're required to make findings and findings based on facts, not conclusively statements, which is what you've got 01:15:26
before you in the draft permit in your quiet place adjudicatory body. So it's very important that you have facts and that they are 01:15:32
backed up so that you can support that. Here there are no facts to support the required findings. First, under finding number one, 01:15:38
page 2, there's no exceptional circumstances of the conditions the staff report as you've heard and also from the applicant there 01:15:44
are small lots. 01:15:50
Obviously and people have overbuilt them already, but those are mean that it is basically those lots are being used as is and it 01:15:56
also means this lot is not unique and is not. It cannot. 01:16:02
It does not meet the requirement of exceptional conditions or. 01:16:08
Or circumstances. Second, finding variance is this variance is not necessary for the preservation and enjoyment of substantial 01:16:11
property rights of the owner. 01:16:16
They already have substantial property rights. It's fully built out. There's two income producing units and without the variance, 01:16:20
they don't need the variance to have substantial use of the property which is required. 01:16:26
Then the the proposed findings for for finding #2 are internally inconsistent and essentially suggests that all the properties 01:16:33
with similar zoning should be eligible for similar variances without looking at site specific. 01:16:41
Characteristics that are essential to make site specific, legally defensible findings Finding #3 It's not there, it says so. Not 01:16:48
detrimental to public welfare or the neighborhood. 01:16:53
But it's it's been pointed out there's no consideration of the ocean views from the South, so that finding is also not supported. 01:16:58
If you grant this variance, you will effectively be making AB facto change in the zoning ordinances without properly going through 01:17:05
the policy making body of the City Council to change the zoning and the height requirements throughout the cities. And basically 01:17:12
what you're saying is the zoning is what everybody else has a few other properties have. 01:17:19
Variances. Some of them only like 6 inches baby, but they we don't know if those were facts specific. We don't know if those 01:17:27
variants were being made properly, but. 01:17:31
Basically. 01:17:36
If you make this. 01:17:37
Decision. You will be making zoning change throughout without going. 01:17:40
Two very quick points. Thank you. You, there's also findings on General Plan consistency. You do not have the facts to support 01:17:46
that. You had a little bit of cherry picking on the General Plan policies left out SCE ONE and SE2. 01:17:53
Protecting public views along the coast and preserving and enhancing scenic qualities of the coastal zone in the General Plan 01:18:00
policies. 01:18:04
And the third one is another one on finding sorry to. 01:18:08
But you your use permit findings #1. It says the proposed use is a continuation of existing use because it's a duplex, but the new 01:18:12
deck and the new elevator are not existing uses. 01:18:17
So in some. 01:18:23
Umm. 01:18:25
I hope that you rely on the facts to support your findings and not. 01:18:25
Approve this variance. Thank you. Thank you. 01:18:30
Any further comments? 01:18:37
Come forward please. 01:18:38
Somebody coming up with the little scribble on the back of the notice? I don't know. Alright, I'll try to make this quick then. My 01:18:46
name is Darren Tinsley, 700 Briggs #8. Previewed the plans at the counter and my letter. 01:18:52
Should be in there as well. 01:19:00
Umm. 01:19:01
The architect blew it. This does not meet the threshold to alleviate unusual hardship to a particular parcel. 01:19:03
Absent. 01:19:09
The embellishment of the roof deck the project can be done within the existing frame. 01:19:10
The pictures presented do not adequately represent the project. 01:19:15
Otherwise I won't be here tonight. 01:19:20
Umm. 01:19:22
One exemption does not create a license. 01:19:23
For everybody else. Otherwise we. 01:19:27
Would have a zoning at all. 01:19:29
Last thing is anybody going to look into the people that are living in the garage? 01:19:33
That sounds like a huge problem. 01:19:37
Waiting to happen. 01:19:40
Thank you. 01:19:41
Thank you. 01:19:43
Any further comments from the public? 01:19:46
Is there anyone go rents and dump? Well, Dahmer has her hand raised. There's two people who are on Zoom or three now who have 01:19:52
raised their hands, so we need to. 01:19:57
Go from in Chambers to in Zoom. 01:20:02
We have Tony Chianni, Mr. Ciani, welcome. 01:20:06
Good evening, Commissioners and staff. 01:20:12
This is a This project is a testament to story polls. 01:20:15
By the way. 01:20:19
Umm. 01:20:20
I also think it's an incremental. 01:20:22
And cumulative impact. 01:20:24
The views. 01:20:26
And the height. 01:20:28
It will set a precedent. 01:20:30
The notion that. 01:20:32
There are other projects. 01:20:34
That have occurred. 01:20:36
That have variances. 01:20:38
Leads me to think that maybe. 01:20:41
This is a project for the Planning Commission. 01:20:43
As one of the other speakers said. 01:20:46
In a different venue. 01:20:49
To look at the zoning for this area. 01:20:50
If you're going to one at a time in a piece meal way, start approving projects. 01:20:53
That's a de facto change in the zoning. 01:20:59
That's not allowed. 01:21:01
Oh. 01:21:03
If you allow this project to go ahead, I think you should seek an indictment. 01:21:06
Indemnification from the. 01:21:10
Owner and the architect. 01:21:13
Uh. 01:21:15
Because of what appears to be. 01:21:16
Fire safety hazards for ingress and egress. 01:21:20
A1 foot side yard set back. 01:21:24
Does not allow adequate access for fire protect. 01:21:28
Coming up another side yard. 01:21:32
To to get that access. 01:21:36
Back to the stairway. 01:21:39
That's one foot away from the back. 01:21:41
Side yard. 01:21:43
For egress does not an ingress does not make sense. 01:21:45
So if you're having a roof deck. 01:21:49
Where all of the exiting is to a stairway. 01:21:52
Anna. 01:21:57
And an elevator, which is sort of like a primary or secondary egress. 01:21:58
All in one location. 01:22:03
Without separation of exits, it's seems questionable to me. 01:22:05
I think a reasonable alternative. 01:22:09
Would be to allow for. 01:22:12
The roof deck. 01:22:15
But with an interior. 01:22:16
Hatch and a ladder. I've done that. 01:22:18
I think. 01:22:24
Uh. 01:22:26
To. 01:22:27
Make this a permanent solution to a temporary problem. 01:22:28
Does not make sense. 01:22:31
Umm. 01:22:34
I note that the staff never recommends denial of projects. They always recommend approval of projects. This is another example of 01:22:37
that. 01:22:41
I think this will set a negative precedent. 01:22:46
It'll add to the other negative precedents. 01:22:49
And I don't think you should allow it. 01:22:52
Thank you. 01:22:54
Thank you. 01:22:56
Have Angel Loretz and Dahmer has raised her hand I. 01:22:59
Welcome. 01:23:02
Thank you, Chair. 01:23:07
Jeannie Byrne is a very good architect. She has had so many projects all over the town. 01:23:09
And on her projects. 01:23:17
On Ocean View Blvd. And in the coastal zone, she has had many, many, many variances. 01:23:19
And usually she got them. 01:23:27
Almost every Planning Commission. 01:23:30
Only they were quite as egregious as this one. 01:23:32
And this one, she is a better artist architect and this one is. 01:23:36
Not there. This one is setting a precedent. It doesn't have the facts and findings it doesn't have. 01:23:42
All the things that have slid by before. 01:23:49
And this time it should be absolutely. 01:23:52
Denied. 01:23:56
Thank you very much. 01:23:57
Thank you. 01:23:59
No further questions online. 01:24:03
There are no further online, so if there are no further comments online and in the chambers then we will close the. 01:24:06
Public hearing to. 01:24:16
Public comment and proceed with. 01:24:18
The applicant to wrap up. 01:24:21
I just have a couple of comments. First of all, the height is a use permit, it's not a variance. 01:24:24
So that's a different standard than a variance. 01:24:31
Umm. 01:24:35
I think the project is. 01:24:38
Umm. 01:24:41
Making good use of a building that's maintaining 2 separate units. 01:24:43
Umm. 01:24:48
I'm sort of amazed at some of the comments from the mobile Home Park because the distance between them and this project. 01:24:51
Probably the closest person is about 200 feet. 01:25:00
So it's not the same impact as what's being implied, but anyway. 01:25:04
I did want to correct the fact that there it's a use permit. 01:25:09
And also the story polls have not been taken down. 01:25:13
Thank you. Thank you. 01:25:17
Question. 01:25:20
Uh. 01:25:21
My name is Barbara. No, I'm the owner of the property. 01:25:29
I'm just going to comment I'm. 01:25:33
On RBARB. 01:25:36
Committee, and I'm also on a Luat committee. 01:25:38
And I know the time it takes and the effort it takes. 01:25:41
And I want to thank you for your time that you're given to the community for these issues, for these efforts. 01:25:44
I'm sorry that there's so many people who find this wrong. 01:25:50
I'm. 01:25:55
Just. 01:25:56
Thoroughly confused by the fact that. 01:25:56
A2 foot by 5 foot. 01:25:59
200 feet away is such a disaster but. 01:26:02
You know that's the way it is and I've I've. 01:26:05
I know I've had to make decisions. 01:26:08
About these issues as to what what seems to be fair? 01:26:10
And try to. 01:26:13
Try to make it. 01:26:15
This right for both the people here and for the ME as an applicant. 01:26:17
Because hopefully. 01:26:22
As I I'm, I'm, I'm old already, but. 01:26:24
This is being made for me and my wife as we get old because we want to downsize and this is where we wanted to be back here in 01:26:28
Pacific Grove, where we started 40 years ago. 01:26:33
Thank you. Thank you. 01:26:39
You had a question. 01:26:43
Yes. 01:26:46
This. 01:26:47
Do do the story polls represent the current dimensions of the structure proposed? 01:26:49
They are 9 inches higher than than what this current application is. 01:27:01
So the netting is 9 inches higher than. 01:27:08
Then what? The current? Yeah, because the those that was the original netting was 9 and was 2 foot 9. 01:27:12
And the current application is 2 feet. 01:27:19
So we're if, we, if we. 01:27:23
I don't. We don't. Do we still have the picture available from the? 01:27:25
Mobile Home Park. 01:27:28
Any other questions? 01:27:33
That one. 01:27:38
Is that the one? So so that picture represents the? 01:27:38
Actually is 9 inches. 01:27:43
Taller than the. 01:27:46
Building currently. 01:27:48
Proposed. 01:27:50
For the elevator. 01:27:52
Landing. 01:27:54
OK. 01:27:56
All right. 01:27:57
At this point then, I will. 01:28:00
There's no other questions of the applicant. 01:28:04
I will close the. 01:28:06
Public hearing to. 01:28:09
Community comment and we are now to the portion where we. 01:28:12
Discuss among ourselves the. 01:28:16
This application what we ought to do or ought not to do? 01:28:18
So who would like to begin? 01:28:23
Well. 01:28:35
Chair. 01:28:36
I'll pick this up if we can't just sit here and look at each other. 01:28:38
Um. 01:28:42
Interestingly enough, I was in on the. 01:28:44
Planning Commission when we approve the project. 01:28:49
That is very close to this one and is evident from the picture. 01:28:52
The the Gray elevator shaft. 01:28:56
And deck on, I think it's across the street from this project, is that correct? 01:28:59
Next door, OK. 01:29:07
And. 01:29:09
Just as it is now at that time, this was about 10 years ago. 01:29:11
We had a long discussion about the. 01:29:15
Yes, you can see it in this picture on the right side. 01:29:18
That's the landing for an elevator and that. 01:29:22
Project together with the railing surrounding the deck. 01:29:27
And that's when I first learned about architectural projections. 01:29:33
And it's come out a few other times where you're allowed to use and and and I need. 01:29:38
If it can be corrected, but my understanding of this concept is you're allowed to exceed. 01:29:45
A. A height limit for an architectural projection. 01:29:51
Which I understand. 01:29:56
That's what this would represent. 01:29:58
Other than that. 01:30:03
Umm. 01:30:04
I don't have a significant problem with the project as presented. 01:30:05
Any any further comments, Commissioner Sawyer? 01:30:13
I. 01:30:18
My feeling is is I would approve the architectural permit with the findings as proposed, subject to plans that conform to the 01:30:20
existing code. 01:30:24
I would like to see the elevator only going to the second floor. 01:30:30
And contained within existing structure footprint. 01:30:34
I want to commend. 01:30:38
Jeannie Byrne for her architectural improvement for this. 01:30:41
Property. However, I oppose the variance and the use permit. 01:30:46
Simply because I don't feel that they need the statutory exemption of 1527 zero. 01:30:51
And I don't occur I don't concur with the variance findings or the use permit findings. Thank you. 01:30:59
And we explore what you mean. 01:31:09
The. 01:31:12
Explanation. 01:31:15
The examples of what you think are in the. 01:31:16
The lack of findings for. 01:31:19
You know. 01:31:22
I have a lot of territory I have to concur with. 01:31:23
The neighbors who spoke in regards to the opposition to the variance. 01:31:28
I feel that we're. 01:31:34
Doing de facto variance and defacto zoning and I just don't feel it's appropriate. 01:31:36
I would like. 01:31:43
To see this place made without the elevator shaft going up. 01:31:44
I mean. 01:31:49
So I just. 01:31:51
That's. 01:31:52
My take on this. Thank you. 01:31:53
Right. Are there other comments, Commissioner, could cover Davidson? 01:31:56
Sure, Lily. 01:32:07
Yes, Mr. Sidor. 01:32:09
Staff just wanted to ask Commissioner Sawyer, was that a motion? 01:32:11
That was not a motion, it was my opinion. And I'm echoing with the ARB. 01:32:17
Said Thank you, thank you. 01:32:24
Sure, I guess I. 01:32:27
Commissioner Frederickson. 01:32:29
I'll answer Commissioner Sawyers. 01:32:30
Position with this I I don't think we're setting any standard. 01:32:34
And that's seven. And from looking at looking across it's using this picture. 01:32:38
We have. 01:32:44
And and by the way, this these buildings represent construction over. 01:32:46
What would you say 6070 year time period? 01:32:52
So we hardly established a new standard, the the Gray. 01:32:56
Projection for the elevator and the property earlier referenced. 01:33:00
Was a project done about 10 years ago. 01:33:04
OK, since that time, we have not had a plethora of projects that exceeded. 01:33:07
The existing height limit. 01:33:12
And indeed, it's been an exception rather than a rule. 01:33:14
So if that's the only basis we have to want to take away the elevator to the deck, I don't think that's sufficient. 01:33:19
Further comments. 01:33:32
I want to thank the applicant for coming here and making the presentation. I want to thank the neighbors for coming in here and 01:33:38
showing their concern. 01:33:41
Looking at this as a story pole and I did go around and look at the property myself. 01:33:47
And looking at where the story bowl is, it does not end with the 9 inch. It's. 01:33:54
We're just seeing that it would be almost the same height as the. 01:34:01
Structure that's already there. 01:34:10
So. 01:34:13
Can't really say that I'm against this. 01:34:15
OK. 01:34:19
The applicant did point out. 01:34:23
I'll I'll make a couple of comments the applicant did point out. 01:34:26
Properly. 01:34:29
That the height is subject to a use permit, not a variance. 01:34:30
The code states that. 01:34:35
There's a 25 foot. I believe it's a 25 foot height limit, but the code also says you can go 2 feet higher, which is what they're 01:34:38
asking for. 01:34:42
If there is an application for a use permit and staff properly. 01:34:45
Wrote that up. 01:34:50
And and and it's in in this these proceedings so the issue so the the elevator height is not. 01:34:53
In my view, an issue here because it's allowed in the code, so that's not. 01:35:00
Making new zoning law or anything like that, that's not creating any precedents in my opinion. 01:35:04
But. 01:35:11
I walked that neighborhood almost every day and half for years. 01:35:14
All the houses. There are many of the houses, I know you can't say all, I suppose, but many of the houses there. 01:35:19
Have non conforming. 01:35:25
Aspects to them, I mean some of them. 01:35:27
Are very close to the property lines if not on the property line. 01:35:29
It's it's just the nature of Mermaid Ave. and. 01:35:33
Has been for. 01:35:38
50 years since I I remember when this house here on the left on the picture was built. Friend of mine built that house looks like 01:35:40
a kind of a barn there. It's. 01:35:45
Tan colored. 01:35:50
But. 01:35:52
In any case. 01:35:53
It it's been a a very. 01:35:56
A neighbourhood that's had a lot of. 01:35:59
Of non conforming use. 01:36:04
Construction used to that, so if there was a precedent created, it was created a long time ago. 01:36:07
In this neighborhood and. 01:36:13
So the question is how do we? 01:36:15
How do we? 01:36:17
Continue to deal with it is as a Planning Commission. 01:36:18
So. 01:36:23
Any further comments or not? I I need a motion so so we can figure out what we do with this thing. 01:36:25
Promotion. 01:36:42
Yeah, I guess I. 01:36:43
We'll step forward and make a motion. 01:36:45
Basically except the. 01:36:48
Staff recommendation. 01:36:50
With the findings listed. 01:36:52
Or the? 01:36:55
For the use permit. 01:36:57
The variance. 01:36:59
And the what's the third one there? 01:37:02
The architectural permit. 01:37:05
Is there a second to that motion? 01:37:10
I second the motion, OK. 01:37:18
So. 01:37:20
Commissioner Frederickson moved that we. 01:37:21
Except the. 01:37:24
Staff recommendation with the the findings, the facts, the findings. 01:37:25
And the variance. 01:37:30
And that was seconded by Commissioner Kubica. 01:37:32
As a point of clarification for. 01:37:35
Staff, there's Is there any sequel requirement in here? 01:37:38
I don't. I don't believe there is. I believe it's exempt, isn't there? Otherwise we'll have. We'd have to have that in the motion. 01:37:42
Here. 01:37:50
I would comment these are as listed in pages 50 and they are the so it's this the category Class 1 Categorical Exemption. So I 01:37:51
guess if they are exempt so we don't need to make a separate finding or a separate. 01:37:59
Motion for that. 01:38:08
So. 01:38:09
All right. So we have a motion on the floor. 01:38:10
To, as I stated, to approve the application as moved by Commissioner Frederickson and seconded by. 01:38:13
Commissioner Zukovic, is there any further discussion? 01:38:22
Hearing none, then I think we're probably ready for A roll call vote, Mr. Campbell. So would you please call the roll? 01:38:29
Commissioner Frederickson. 01:38:36
Aye. 01:38:37
Commissioner Kubica. 01:38:38
Aye. 01:38:40
Chair Lily Aye. 01:38:41
Commissioner Davidson. 01:38:43
Aye. 01:38:48
And Commissioner Sawyer? 01:38:49
No. 01:38:51
With a four eyes, one no and two absent the motion to accept staff recommendation for the use permit. 01:38:54
Architectural permit and variance. 01:39:04
With findings passes. 01:39:07
All right. 01:39:10
Thank you. Then we'll move on to the next item on the agenda, which is 120 110th St. 01:39:12
And that is a. Let me read this here. 01:39:18
Take it. 01:39:21
We can take a break. It is. 01:39:23
Hmm. 01:39:26
When we get back. 01:39:29
If. 01:39:31
Well, let me let me announce that and then one of the members has to recuse a letter, recuse and then we'll take the break. 01:39:32
For the next item. 01:39:39
Yeah, yeah, so. 01:39:40
The next item on the agenda is. 01:39:42
Architectural permit and coastal development permit 230061. 01:39:45
For 120 110th St. 01:39:50
So a possessor parcel number. 01:39:52
006218009. 01:39:55
And that is at 120 110th St. as I said. 01:39:59
And so at this point I will ask anybody if if there's been any ex party communication or if anybody needs to recuse. 01:40:03
Commissioner Sawyer. 01:40:13
I need to recuse myself due to financial interests. 01:40:15
Alright, so. 01:40:20
Commissioner Sawyer is recused from this matter and so she'll have to absent herself. 01:40:22
Into the Jason Hall while we consider this matter and we'll take then a Commissioner Kubica. 01:40:27
When When I. 01:40:37
I don't believe I have to recuse myself, but I need to comment. I was down and when I was. 01:40:39
Looking at the property, I did talk to one of the neighbors. I did not get their name. The Netson Next party communication 01:40:44
possibly? 01:40:48
The gentleman asked to these bringing his son home from school, and he wanted to know what I was doing in the neighborhood, 01:40:53
sitting there with my notebook and I said that was from the Planning Commission and I was. 01:40:59
Just checking the property out base because it was we had a meeting and he made a comment to what he thought of the design. 01:41:06
But other than that I did not get the gentleman's name or have any further discussion. 01:41:14
So we're all, we've all duly noted that. So I think that's OK. 01:41:19
Yeah. So now we can take a break at what a? Let's see. It is 740 what, what, 10 minutes. 01:41:23
That sounds fine. It's more water, and I can drink more water than we can drink, OK? 01:41:30
So 751 will come back. 01:41:35
Earn it. 01:41:50
153 And we will re adjourn, and we will take up again. 01:41:52
The matter of the. 01:41:56
Use permits. 01:41:58
Or the permits, I should say for 120 110th St. 01:41:59
And so. 01:42:03
Who has the staff report for that this evening, Mr. Sidor? Well, welcome, and may we have that staff report. 01:42:04
And again, the same rules apply as I outlined at the beginning of the the presentation for. 01:42:11
All of the. 01:42:17
Public hearings. 01:42:19
And that's the other project. 01:42:24
Good evening, Chair and Commissioners. 01:42:40
The subject property is located at 120 110th St. 01:42:43
And it was heard at the June 13th, 2023 Architectural Review Board. 01:42:47
And continued to the ARB's meeting on August 8th, 2023 with the recommendation that the 2nd floor be reduced. 01:42:52
In mass. 01:43:01
And brought inward on the North and South side yards. 01:43:03
The ARB had the following additional recommendations. Reduce the massing on 10th St. on the 10th St. side. 01:43:07
Reduce the deck size in respect to the neighbours. 01:43:15
Revisit the second story. 01:43:18
Rearrange the base floor level. 01:43:21
And the reconsider the Spanish style architecture. 01:43:24
Which they? 01:43:28
Consider did not fit with the neighborhood. 01:43:31
The ARB recommended approval to the Planning Commission on August 8th, 2023 with three conditions of approval. 01:43:34
One to add mechanized shades for the skylights. 01:43:41
To reduce the deck railing to 42 inches and three, reduce the stucco BBQ wall to 42 inches. 01:43:45
Although the ARB added a condition. 01:43:53
For mechanized shades for the skylights. 01:43:55
City staff does not support this condition because the city does not regulate interior lighting or fixtures. 01:43:59
And the revised plan set. 01:44:07
Submitted by the applicant has addressed the ARB's recommendations. 01:44:10
And the applicant has provided supplemental images to identify the changes. 01:44:14
And the project consists of the remodel of an existing 789 square foot. 01:44:20
Single story, single family residence. 01:44:27
And I should say as revised. 01:44:29
Demolition of an existing 293 square foot detached garage. 01:44:31
Construction of the new 289 square foot attached garage. 01:44:36
Construction of a first story edition of 588 square feet. 01:44:41
And a second story edition of 621 Square Feet. 01:44:45
And construction of the new 607 square foot. 01:44:49
Second Story Accessory dwelling unit. 01:44:52
The resulting structure will include 2239 square feet. 01:44:55
Spread across two stories. 01:45:00
Including an attached garage, this project does meet the development standards of the cities code. 01:45:02
And zoning code and staff recommends the Planning Commission approve APC DP. 01:45:10
230061 Subject to the recommended findings and conditions of approval. 01:45:17
And a Class 1 Sequoia Categorical Exemption. 01:45:23
And this concludes Staffs presentation and I'm available for questions as well as the. 01:45:26
Applicants architect, thank you. 01:45:33
Thank you. Is there someone representing the applicant and if so, could you please come forward and you have 10 minutes to make a 01:45:36
presentation? 01:45:40
You put on the. Is it on? 01:45:51
Hit the button of the base, yeah. 01:45:55
I think it's on now. Well, now it's off. 01:45:56
It's got to get rid of the red light, right? OK. Good evening, chair, commissioners and staff. 01:46:03
And thank you for the presentation. 01:46:09
And I just want to give a little bit of history about this project. As you probably know, this is an old house, 740 square feet, 01:46:12
only one story with detached garage. 01:46:17
And our objective was to. 01:46:24
Save this house. 01:46:27
Extended and the Build a second story edition to make this house. 01:46:28
Liveable to a current standards of living. 01:46:32
And so we the the reasons we decided not to demolish this house but just to make a model in addition to its less disturbance, 01:46:36
shorter construction time in in those narrow streets, it's very important, important and also less debris during the demolition. 01:46:44
The project we designed originally. You can see it on the upper. 01:46:53
A portion of the page was. 01:46:57
Spanish style and we after we presented it during the ARB hearing, we received a number of emails, letters from the neighbours. 01:47:01
With certain concerns, and those are. 01:47:10
Bulk and mass privacy. 01:47:15
And also a character not fitting the the neighbourhood. 01:47:18
And we asked for continuation, continuance, continuance and the IRB allowed us to take some time to redesign. 01:47:24
This project so with my client who is here. 01:47:35
Rupert Desire and she might speak on herself. 01:47:38
We agreed that we will change the style even if she likes that Spanish style and it actually matches one of the homes in the block 01:47:43
down the block toward the ocean. 01:47:48
We decided to to listen to the neighbors and their concerns and we decided to change the style from Spanish to a Craftsman which 01:47:54
fits better the neighbourhood. We also. 01:48:00
Took in consideration all the concerns about the privacy, size of the balcony terrace windows, to be close to the neighbouring 01:48:07
house, et cetera, so we made a number of changes and you can see on that. 01:48:13
Picture The bottom elevation is the result of our. 01:48:20
A new design? 01:48:24
There we are completely within the zoning ordinance. We The height of the building is 5 1/2 feet below maximum allowed. We're not 01:48:27
asking for any variance or exemption. 01:48:32
Where as as our previous design and then revised design that it's completely as I said and below all the maximum allowed. 01:48:39
Loyalists. 01:48:47
Coverage, etcetera. 01:48:49
By demolition detached garage and building 11 car attached garage, we shorten the driveway significantly. 01:48:51
Which is also good for you know, I believe. 01:49:00
By the C team. 01:49:04
We also looked at the neighbouring home which is next to my clients property on the east and did some study. 01:49:08
And all the numbers which we came up with and we have a supplemental material if you would, we would like to take a look at it. 01:49:18
Shows that our Balkan must noticeably less than the existing house. 01:49:26
And if we will. 01:49:31
Scroll down and draw. You will see the difference between the previously designed home and our new design. The red outline shows 01:49:32
the original design and the. 01:49:38
You know, black cholera is our proposed design. 01:49:44
So next one please. 01:49:48
Yeah, so here you also see we change the Gable and roofs. 01:49:51
To a he proves, which as you as you know goes from the vertical lines to a slope lines and opens up some view. And I know there 01:49:56
there is still. 01:50:01
Effects in some neighbouring views, but. 01:50:06
That's that was our gesture, to just drop the Ridge line by almost a foot and change the Gable ends to keep roofs to provide. 01:50:10
More view corridor. 01:50:19
Next. 01:50:22
Slide please. 01:50:23
And that's a view from the. 01:50:25
East. 01:50:28
Neighbor, which is the rear of that property. Our original design was 6 foot tall privacy wall which you see between the main 01:50:29
floor and upper floor. 01:50:34
But recommendations of AARP members we and actually condition or approval. We dropped it to 42 inches but we still provide solid 01:50:40
railing to. 01:50:46
I guess probably some privacy for the neighbor on the east. 01:50:54
And then below you see that the BBQ wall also was dropped to 42 inches. 01:50:57
Existing balcony was reduced by 25% and moved back from the windows and doors of the neighbor by 6 1/2 feet. 01:51:05
Just one please. 01:51:17
Yeah. And this is a plan which shows how much of A reduction we. 01:51:18
Did for bulk and mass on the second story, so the pink or red color. 01:51:22
Shows the original design and everything else is our. 01:51:27
Reduced. 01:51:32
Design. 01:51:34
Thank you. It concludes my presentation. If you have any questions, I I'm ready to answer. 01:51:37
All questions until we're done with the public comments. So thank you opportunity to speak. 01:51:42
At this point then, we will open the public hearing to. 01:51:51
On public comment. 01:51:56
Is there anybody in? 01:51:58
In the audience or. 01:52:00
On zoom that would like to speak. 01:52:02
Anyone in the audience? 01:52:05
Seeing and hearing none. Then I'll go to the. 01:52:08
Points on the end on zoom so. 01:52:13
There's one Tony Tiani. 01:52:17