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It is 6. 00:00:00
I am Stephen Lilly and I will call to order this November 9th, 2023 regular meeting of the Pacific Grove Planning Commission. 00:00:02
Mr. Sidor, would it be you who would call the roll or Mr. McGowan? 00:00:10
You. 00:00:14
Commissioner. 00:00:15
Here, Commissioner. 00:00:18
Vice Chair Murphy here. 00:00:21
Commissioner Sawyer. 00:00:25
Commissioner Davison, Commissioner Nisinski and Chair Lilly. 00:00:27
Chair, we have 7 Commissioners present and a quorum for this evening's meeting. 00:00:34
Hey, good. Then as you said, we have a quorum, 7 commissioners, welcome, all good to see everybody here at once at the same time 00:00:39
in the same place, so. 00:00:44
Before we begin, let me just briefly state this meeting as being conducted under revised rules mandated and Assembly Bill 2449. 00:00:48
This is a hybrid format with our meeting and chambers and virtually with zoom viewing for the audience. 00:00:56
Before we continue, let me remind everyone, including myself, that we must turn on our microphones and speak directly into them so 00:01:06
that our equipment can properly record us. 00:01:11
Now we come to the published agenda that we received recently. 00:01:17
Does anyone have any changes to the agenda? 00:01:23
Commissioner Frederickson. 00:01:28
Yes, thank you, Chair. I would like to continue item 8A. 00:01:31
Until such time we resolve the issue about proper noticing. 00:01:36
And I would assume that we could make that happen so that next, so that we could cover a day at the next. 00:01:42
Scheduled Planning Commission meeting and then I believe them would be what December 14th? 00:01:48
That is the second Thursday. 00:01:54
And the reason I let me just give a little bit of reasoning and. 00:01:56
Previous experience and the Planning Commission I have. 00:02:01
We've gone the other way a few times when there was a noticing issue and been forced to back up and cover it all again. 00:02:05
Because it can be a contentious issue whether it was done properly or not, and I think it's our obligation to dot the IS and cross 00:02:14
the T. 00:02:17
And take that off the table so we can talk about the issues of substance. 00:02:21
Commissioner Fredrickson had a motion. Is there a second to that motion, Commissioner? 00:02:30
I'll second the motion, second the motion. 00:02:35
OK, under the circumstances, I think I I will allow discussion of this matter. VICE Chair. Murphy, I think you started to raise 00:02:37
your hand. 00:02:41
I understand. 00:02:47
Commissioner Frederickson has has said. 00:02:48
I guess I would like to hear from staff about the noticing. 00:02:52
And perhaps a thorough description of. 00:02:56
Of what we did. 00:02:59
You know their understanding that we did it right. 00:03:02
Then I'll recognize. 00:03:06
Mr. Sidor, at the request of Vice Chair Murphy. 00:03:08
Yes chair and vice chair. Josie door CDD staff. So the noticing for this project the the. 00:03:13
Notices were required to be posted a minimum of 10 days prior and they were posted. 00:03:24
Approximately 13 days prior on October, Friday, October 27th on site on both Pearl Street and 10th St. 00:03:32
And the mailers the. 00:03:39
We're. 00:03:43
Mailed. 00:03:45
On Monday, October 30th, 10 days prior to today's hearing date. 00:03:47
And so. 00:03:51
The noticing per. 00:03:53
The Pacific Grove Municipal Code was done as required. 00:03:56
There is or was no or is no requirement for a legal ad for an AP and a CDP, an architectural permit and coastal development 00:04:02
permit. 00:04:07
It's only there's only a requirement for 100 foot list and posting on site, 100 foot list being the mailers. 00:04:14
And. 00:04:23
The. 00:04:25
Property owners or the commenter who submitted an e-mail and a letter from their attorney regarding not receiving a notice. 00:04:29
They. 00:04:38
Mailed. 00:04:39
And. 00:04:42
The city fulfilled its obligation in terms of mailing the notices a minimum of 10 days prior and posting the notices on site. 00:04:46
And in fact. 00:04:55
I. 00:04:58
The city went beyond what was required city staff because the only 100 foot list was required for the coastal development permit 00:05:00
and adjacent property owners for the architectural permit. 00:05:05
And I believe the staff planner on this project actually prepared and mailed out a 300 foot list. 00:05:11
So it was more than required. Isn't the 300 foot list required? Although it sounds like you? No 100 foot list is required for a 00:05:19
coastal development permit and only adjacent properties property owners for an architectural permit. 00:05:27
Also. 00:05:38
Representatives for. 00:05:40
Applicant and for the one commenter are are both here this evening as well. 00:05:44
OK. Thank you. 00:05:51
Any other further comments from any member of the Commission? Vice Chair Murphy. 00:05:53
I. 00:05:58
If I know we're not supposed to have dialogue, but I think under the circumstances I'll allow it, I I guess I would like to hear 00:06:00
again. 00:06:03
From Commissioner Frederickson. 00:06:07
You know issues in the past when we've done it properly and and went ahead and. 00:06:12
Yeah, I clearly understand. If if we did not notice properly, we should we should delay it. But since we have, I guess I I. 00:06:17
I'm not sure of the wisdom of delaying. 00:06:25
Well, and perhaps we should have heard staff prior to what we what I moved to do, but. 00:06:29
You weren't. Your question is about the past instances. 00:06:37
Yes, I mean I'm, I'm content to move forward, but you've indicated that we have had trouble in the past and I thought you had said 00:06:43
even when we noticed correctly. So I I did want to hear about that. This goes back four or five years and I think the issue was 00:06:48
cell towers on central. 00:06:52
And it was a very contentious issue with the local people involved as to whether they were noticed or not. 00:06:57
Whether the notices were published where they were. 00:07:03
And ultimately, we had to back up and do it all over again. 00:07:07
Because it was determined that we had in fact made. 00:07:11
And by we I mean the Commission and staff and and they were not properly noticed. Now what the, what the issues here are? I don't 00:07:17
know. I haven't investigated. 00:07:22
I I I would interject A. 00:07:29
That I was on the Commission at. 00:07:32
That that cell tower issue came. 00:07:35
I think we determined that it was quite. 00:07:38
Obvious that perhaps the staff had properly noticed the situation. 00:07:43
But we decided air on the side of. 00:07:49
And we decided. 00:07:52
Continue or to. 00:07:54
Issue later as Mr. or as. 00:07:58
Frederickson said Just. 00:08:01
Clear and safe. 00:08:03
And not expose the city to any any further problems. So I that's I think. 00:08:04
Example he was probably thinking of you may have been on the Commission. 00:08:10
Who? At the time, I think we just decided to err on the side of caution even. 00:08:13
We thought perhaps the staff had had. 00:08:17
And they said they. 00:08:20
I believe they did it, but. 00:08:23
We just. That's what we decided that evening. 00:08:25
We had some residents who felt otherwise. And that that's true. Perhaps it's it's perhaps this is a carbon copy of that situation 00:08:28
this evening. I don't know. That depends on how the rest of you feel. You know, your your pleasure. 00:08:36
So sure, Lily. 00:08:44
Mr. Sidor, if I could make one additional comment, I also believe the representative for the applicant. 00:08:46
Wanted this evening to. 00:08:55
The Planning Commission some questions and requests some some direction. 00:09:00
Uh, therefore, well, I just wanted to let you know that. 00:09:06
You repeat that again. Who has that? The The applicants representative? The applicants? Oh, really? 00:09:12
So if there's no. 00:09:20
Issues. 00:09:22
Then. 00:09:24
Hear the question and decide one way or the other and move on. Mr. Sidor, would you please call the roll? 00:09:25
Sure. Could you please clarify who made the second on that motion? Commissioner, let me repeat the motion. I should have repeated 00:09:35
the motion and moved by Commissioner Frederickson that we approve the agenda with. 00:09:41
Deletion of item 8A and that was seconded by. 00:09:48
Commissioner Sawyer, did I have that correct? 00:09:54
Thank you, Thank you. And for clarification, before the role is taken, would that be? 00:09:58
A continuation of that item to the next hearing would be a continuation to December 14, 2023, as I heard the motion. 00:10:05
Thank you and as I. 00:10:13
The. 00:10:16
Commissioner Fredrickson. 00:10:18
Commissioner Sawyer. 00:10:22
Commissioner. 00:10:26
Commissioner Kubica. 00:10:29
Commissioner Nisinski. 00:10:34
Vice. 00:10:37
And share Lilly. 00:10:40
Chair the motion. 00:10:42
Adopted by a vote of four to three. 00:10:45
So does the motion pass? Do we need 5 votes or 4? I'm not clear on four votes. 00:10:48
All right. Well then, that changes the agenda this evening for sure. 00:10:54
Um. 00:11:00
Uh, sure, Commissioner. 00:11:01
It's been a while. 00:11:05
Would would the applicant be able to speak still today to kind of be able to ask some of those questions or is that it's not on 00:11:12
the agenda? So I don't believe how that can be. 00:11:16
OK. 00:11:21
Perhaps the city attorney could address that question. 00:11:24
Certainly, if she would like that would be Miss Vega. Yes. Hello. 00:11:29
You've just voted to remove this item from your agenda, so if you'd like to hear from the applicant, you would need to take a new 00:11:36
vote to add it back to the agenda so that it can be heard. And as a further point of clarification, I was about to interject, 00:11:43
you've continued this item to your next meeting typically. 00:11:51
When we continue to a date certain, the project is not re noticed. 00:11:58
So if you if the will of the Commission or the direction of the the majority of the Commission is for re noticing to occur, then 00:12:03
that needs to be clarified for staff. 00:12:08
All right, so then, that will need to be clarified, Commissioner Nunzinski. 00:12:14
Thank you. Can I ask a question of the lawyer as well? Sure. 00:12:19
Are Miss Vega? There's a question, yes. 00:12:25
Good evening, How would if how would the issue of proper noticing be be resolved? 00:12:29
So after the comment letter was received, I independently verified the appropriate noticing under your municipal code and reached 00:12:37
out to staff as to what was done so they would repeat the noticing that has already been done. 00:12:45
And. 00:12:54
Mr. Sidor has indicated that was above and beyond what the code actually required. 00:12:56
So it would just be a repeat of of the noticing that has already been done. 00:13:02
So for purposes of clarification then Miss Vega, do we need to take an action this evening to direct staff to re notice or will 00:13:07
they just do it on their own? 00:13:12
Well, I think. 00:13:19
We don't. We don't want that. We don't want this to come back next month and then find out that a majority of the Commission 00:13:21
expected Renotic to occur. So I do think you do. You need to give direction so that way staff knows and can be prepared for what 00:13:27
the expectation is from the majority of you who voted in favor of that motion. 00:13:34
We'll do that then. So before we continue then. 00:13:40
Then I wouldn't need a motion. 00:13:45
Direct staff to re notice item 8. 00:13:48
To December 14, 2020. 00:13:51
Do I have a motion for that? 00:13:54
So. 00:13:58
So this. 00:14:00
Commissioner Fredrickson to direct staff to Re Notice item 88 to December 14, 2023. 00:14:01
And is there a second to? 00:14:08
The second by Commissioner. 00:14:13
So. 00:14:16
Then if there's no, is there any further discussion about that, Commissioner? 00:14:18
Are we going through the same process we did before 'cause it's what it sounds like to me, and so we need to do a per the 00:14:24
direction of the attorney and I interrupted you. I'm sorry, No, no worries. No, I'm more thinking of if if there was issues the 00:14:29
first time. 00:14:35
Noticing we're doing the exact same process again, are we going to run into those same issues? 00:14:41
I would not believe. I would not hope so, but that's my personal opinion. 00:14:46
OK. 00:14:51
So with that then I'll call the question. Mr. Sidora, would you please call the roll all those in favor, say aye, all those 00:14:54
opposed and the motion say, nay, Commissioner. 00:14:58
Ay. 00:15:04
Commissioner. 00:15:06
Commissioner. 00:15:09
Hi. 00:15:11
Commissioner KUB. 00:15:12
I. 00:15:14
Commissioner Nisinski. 00:15:15
Hi. 00:15:17
Vice Chair Murphy. 00:15:18
And share Lily. 00:15:20
Share the motion to direct staff. 00:15:23
Re notice, this project for the December 14th Planning Commission hearing is approved by a vote of seven to zero. 00:15:27
So, as Mr. Sidor said then. 00:15:35
Carry 7 Aye's No. 00:15:38
Passes. 00:15:42
Notice. 00:15:45
December 14, 2023 Meeting for item 8A that is on this evening's agenda. 00:15:46
Are there any other changes to the agenda that we need to consider? 00:15:52
Commissioner, saw. 00:16:02
I'd like to pull. Let's let me interrupt you and and we can pull. 00:16:04
Items if you're thinking about the consent agenda. 00:16:12
We can pull that then. 00:16:15
Commission and staff. 00:16:27
Did. 00:16:31
Oh. 00:16:33
What is remaining of the I I thought we had approved the. 00:16:38
Amended the agenda but. 00:16:43
We can approve the. 00:16:47
We can approve the agenda as amend. 00:16:50
That was to remove, I believe that motion was to remove that item from the agenda, so we should approve. 00:16:53
Commissioner, sorry, is correct. We should approve the amended agenda. So do I have a motion to approve the amended agenda? 00:16:59
I move that we approve the amended. 00:17:07
Is there a second? 00:17:12
Second, OK, so Commissioner Frederickson move. We approve the amended agenda seconded by Commissioner Kubica. 00:17:15
Would you please call the roll, Mr. Sidor? 00:17:24
Aye, Commissioner Frederickson A. 00:17:30
Commissioner Davidson. 00:17:34
Commissioner Sawyer. 00:17:39
Commissioner Nisinski, Vice Chair Murphy. 00:17:41
And sure, Lily A. 00:17:45
Share The motion to approve the agenda as amended, is. 00:17:47
Adopted it by a vote of seven to zero. All right, so the motion to approve the agenda had seven eyes, no nays. It stands approved 00:17:53
longer than took longer this evening than usually does. But now we're ready to move on to item three in the agenda, which is 00:17:58
Commission and staff announcements. 00:18:04
Does any Member of the Commission have an announcement? 00:18:10
Commissioner Sawyer, I just wanted to let the Planning Commission know and the staff that I resigned as of November 1st from the 00:18:18
position as secretary. Thank you. 00:18:26
Thank. 00:18:34
Are there Are there any other announcements? 00:18:36
I have. 00:18:41
And then we'll get the staff and to the. 00:18:43
Council member, Tonight we have an attendance, Mr. Lou. 00:18:47
Was our Interim Community Development Director, and since there's only two people in the audience, it must be one of you two 00:18:52
there. Raises his hand. 00:18:56
Welcome. Previously, he was a 20 year employee with Monterey County where he last served. 00:19:01
County Chief Administrative Officer, So welcome Mr. Bowen. 00:19:06
In your new. 00:19:11
You should also know I appeared at the City Council meeting. 00:19:13
October 18th and urge they support our revisions to the draft housing element that we reviewed and considered here. 00:19:17
And our recommendations were among those approved. 00:19:23
And recently I received an e-mail from Mayor Peak regarding public comment at committee meetings. It is now the policy of the 00:19:27
city. There be no. 00:19:31
Public comment on. 00:19:36
However, public comment can still occur by attendance at our meetings or by letter or e-mail. 00:19:38
Let me further state regarding that whole issue at our last meeting, I commented. 00:19:45
That disruptive hate speech has no place in our meetings. Individuals do have a constitutional right to free speech. We will 00:19:50
always honor that, including me, what you can, calling me whatever you want. 00:19:56
When speech clearly becomes disruptive, I will follow protocol to stop it. 00:20:03
Finally, everybody talks about rights. Well, with rights, in my view, go responsibilities. 00:20:08
And that would be to, for example, to be civil and respectful. You know, my tenure on this Commission, that has always been the 00:20:14
case and I hope that continues. 00:20:18
So with that, are there any staff announcements? Mr. Sidor or Bauman or McGowan, any of you have any announcements? Chair Lilly 00:20:24
staff has no announcements at this time. 00:20:30
Right. Tonight we have Erica Vega, our Assistant City Attorney, who is with us on Zoom, and we've already heard from her, but it's 00:20:36
good to see her again. Did you welcome? And do you have any announcements? I have no announcements for you this evening. 00:20:42
Thank you. And finally we have Council liaison announcements. Council Member Coletti, do you have any announcements? 00:20:51
Liaison. Yes, I do welcome. 00:20:58
Chair Lily and members of the Commission. 00:21:03
Council at our last meeting approved an employment agreement for interim city. 00:21:08
With Mr. Robert. 00:21:15
And congratulations to. 00:21:18
Very exciting to have him. 00:21:20
And he began working here at City just this past Monday. 00:21:22
And I actually met with him today. 00:21:29
And I encourage you all to do the same. 00:21:31
Very nice. 00:21:33
We also at our last meeting, approved a job description for the position of city manager. 00:21:36
Believe it or not, there's never been an official job description approved and we did that. 00:21:43
And then we also approved first. 00:21:49
And I know this is something the Planning Commission has. 00:21:52
First read of the Cannabis licensing and Zoning ordinances. 00:21:56
And both of those were put together, the framework was put. 00:22:01
Very artfully by our Assistant City Attorney Miss Vega, who's here this evening. And thanks again. 00:22:06
And then finally, the Parkland subcommittee, which I'm also a. 00:22:13
Had a very positive and productive meeting with property and business owners. Have a good meeting. Thank you. 00:22:17
Vice Chair Murphy. I think our handbook allows us to ask questions of the Council liaison. 00:22:25
And does and I'd I'd like to do that. 00:22:30
And Councilmember Colette You? 00:22:35
Didn't mention the appeal that. 00:22:38
You had the of the property on Ocean View Blvd. 00:22:43
Would. 00:22:47
Well, I would, and then I was going to ask a question about it. 00:22:48
As an appeal of the Planning Commission. 00:22:52
Yes, it was. It was called. It was appealed to City Council. City Council upheld the appeal. As I recall the vote, it was. 00:22:55
1. 00:23:05
To basically reduce so there was 2 aspects to the. 00:23:07
Application There was a use permit and a. 00:23:12
Essentially we denied the use permit which was to have a height exception based on. 00:23:17
A section, I think, Chapter 2364. 00:23:23
And the exception was essentially denied to have. 00:23:28
A 27 foot he. 00:23:34
Building instead of what the zoning currently allows, which is 25. 00:23:37
Now my understanding is since that was denied, applicants walked away, they're going to amend their plans, come back. 00:23:43
To council and. 00:23:50
Presumably be. 00:23:52
Did you have a question or a follow up to that? 00:23:54
No. 00:23:56
Let me check that Councilmember Coletti and and Vice Chair Murphy, that was 773775 Ocean View Blvd. For clarification so that 00:23:57
there's no confusion about. 00:24:03
Where we're all talking about. 00:24:09
Are there any other? 00:24:15
Councilmember. 00:24:16
If not, then we'll move on to item five, general public. 00:24:19
This must deal with matters subject to the jurisdiction of the City and the Planning Commission, but are not on the agenda this 00:24:22
evening. This is the appropriate time to comment on items in the consent agenda, but only if the Speaker does not wish to have the 00:24:27
item pulled for consideration by the Commission. 00:24:32
Comments. 00:24:38
Public will be limited to 3 minutes per speaker and will not receive our consideration. 00:24:39
Comments regarding an item on the agenda will be heard at the time the Commission's consideration of that item. 00:24:44
Before we continue, I need to mention that we have had over 1120. 00:24:51
I should say letters and emails since our last meeting on October 19th appears that most, if not all of them were submitted after 00:24:56
distribution of the agenda package. 00:25:01
And they include, let me just briefly read the names. Jenny McMurdo, Gratitude for Planning Commission decision on 2. 00:25:07
Forest Ave. which is was the Pop and his Project Tonichiani Great Tide Pool habitat. Tony Gianni, 215 Forest Ave. Administrative 00:25:16
use permit. 00:25:21
Or Pop and hiss. Mayor Peak announcing policy changes regarding public comment on Zoom. Tony Ciani Public comment on Zoom. Vicki 00:25:27
Pierce Public comment on Zoom. 00:25:32
Same with. 00:25:37
Lorenzen, Dahmer, Tony, Johnny, Great Tide Pool, Sand Dunes, Habitat and Trail. Jane Haynes, Carmel Pine Cone Article on draft 00:25:39
Housing. 00:25:44
Inge, Lorentz and Dahmer The Planning Commission agenda on the City website. 00:25:49
Lou Ballman reporting some middle of the draft housing element, some middle to the HCD. 00:25:53
Karen Law comments on the regular agenda. Janet Cohen about the appeal. The wastewater collection system repairs out. 00:26:01
On the Sylmar area, Jane Haynes, the draft housing element in Lawrence and Dahmer. Permit hearing for 111 10th Ave. 00:26:09
Same individual our work plan can. 00:26:18
And then Rudolph regarding 111 10th St. same with Tyler. 00:26:22
And Angela Love, Dale Ellis. And then there were two others today, I believe, one from Inga Lorenzen Dahmer and one from Lisa 00:26:28
Ciani, I think on the same subject. So if I. 00:26:34
Did anyone's letter? I apologize. Let me mention that our administrative technician, Debbie Gonzalez, keeps a copy of all 00:26:41
communications. 00:26:45
In our Commission binder in the CDD department. And so with that, if there is anyone who would like to address the the Commission, 00:26:49
they may now do so. I see that we have hordes of people in the audience, so. 00:26:56
There we. 00:27:06
If not, then we'll move on to the scene. No one getting up and coming to the podium, we'll go to the consent agenda, which deals 00:27:10
with matters routine and. 00:27:15
Controversial in nature may include actions on. 00:27:20
Resolutions and other public hearings for which testimony is not anticipated. We have a single item on the consent agenda this 00:27:24
evening and that would be an updated Planning Commission work plan for 2023. It is listed as agenda item 7A or under reports 00:27:31
requiring action. And I will just say that I did not, I usually update that I did not have that in our October meetings because I 00:27:38
didn't have it and. 00:27:44
I think we were busy with the housing element, if I recall. So it's updated now and it's there. And so would any member of the 00:27:53
Commission like to remove this one item from the consent agenda? Commissioner Sawyer? Yes, I would like to pull item 6A, which is 00:27:59
the Planning Commission. 00:28:05
2023 work plan and move it if it's OK with the chair to 9C. 00:28:11
So that's at the very end of our. 00:28:18
And just for the record. 00:28:23
Misstated. It's item 6A, as Commissioner Sawyer said. I said 7A, so I stand correct. 00:28:25
So since that's the only item on the consent agenda, I'll I won't ask any staff member or member of the audience to remove 00:28:31
anything, because there's nothing else to remove. 00:28:35
So, and since that's the only thing on the consent agenda, then there's no need for a motion to approve the consent agenda because 00:28:40
there's none left. 00:28:44
I think that's the proper proced. 00:28:48
And everybody seems to be in agreement with that. 00:28:50
With that then we go to item which is. 00:28:54
AB becomes. 00:28:59
And that. 00:29:02
If I see this correctly, there is no idea or no. I'm sorry. 00:29:06
The story Oh, you're up. Yeah, so 9A is. I'm really followed up on the numbers tonight. 9A is 9. That what used to be. Well, it 00:29:15
still is 9. 00:29:20
It doesn't stop 98, so that would be Commissioner Sawyer. Do you? You are chairperson of that committee? I believe so. Would you 00:29:27
like to make a report, please? I am. I have no progress report at this time. We have a meeting next week. 00:29:35
And we anticipate that we will be bringing the story poll. 00:29:43
What should we call it? Draft policy in December? 00:29:50
To the planning. 00:29:53
OK. Are there before we go to discussion about that, are there any comments? 00:29:57
From the. 00:30:05
Hearing. 00:30:09
Then I'll open it up for discussion among the planning Commissioner, Are there any comments about? 00:30:12
Commissioner Sawyer. 00:30:17
Commissioner Frederickson, I have a question. I. 00:30:20
In that in the past we've we've had an issue arise where. 00:30:24
I believe the story polls were not installed because of public safety. 00:30:31
As the subcommittee addressed that and and who is and who is responsible for making that determination? 00:30:37
We have looked at that and I think we have some. 00:30:45
What would we call it? Policies in place to address that knowing that there's sometimes a variety of issues and so? 00:30:51
There we're asking that if an applicant is unable to place story polls, that they have to submit a letter. 00:31:00
Alternatives. 00:31:13
And we've listed a number of altern. 00:31:15
And it would come in front of the Planning Commission so that we would be. 00:31:21
Fully aware of when I. 00:31:28
Project might not be able to do story pull so that. 00:31:31
Say yes or no to what the suggestion is. 00:31:36
That's the applicant's obligation, right? Correct. 00:31:40
Does. 00:31:44
The applicant is supposed to consult with the city. 00:31:47
Correct. OK. 00:31:50
So are there any other comments? 00:31:55
Questions. I have a question. 00:31:58
So you would have this. 00:32:02
Ready for our consideration on December 14th, did you say correct? 00:32:03
All right. So that would need. 00:32:07
Agendas are docketed, whatever we would want to call it, right? 00:32:10
And I would need to have it to CD. 00:32:14
By. 00:32:18
When? 00:32:20
Mr. Sidor, Mr. Sid. 00:32:21
The 7th of December or a little bit before? 00:32:24
I. 00:32:29
The question was when? When do you the agenda report, if you could have that submitted to CDD? 00:32:29
10 days prior to the hearing date. What we try to do is publish the agenda a week before the hearing date. We don't always. 00:32:38
Meet that timeline, but that's what we aim for. 00:32:48
And so if we could have the agenda report a few days before that, that would be helpful. 00:32:51
And I'll submit it to you. 00:32:58
Yes, that would be fine actually, if you could send it to both myself and Mr. Campbell. 00:33:02
OK, as the Planning Commission liaison? 00:33:08
Do I need do I need to submit a CC to Mr. Bauman as well? 00:33:11
He's nodding his head. Yes. OK. Thank you. Appreciate that. 00:33:16
All right. We'll go then to, does that conclude your report That concludes my report. Thank you. Public comment and are there any 00:33:24
other comments from the? 00:33:28
OK. 00:33:36
December. 00:33:37
Item 9B. So I have that number correct. I hope a housing element and general plan update, Joe. 00:33:40
His. 00:33:48
The from So do you have a report? 00:33:49
Housing element update and the General Plan update. Mr. Sidor. Yes, Chair Lily. My oral report this evening will be brief. I just 00:33:54
wanted to inform the Planning Commission and the public that. 00:34:01
Staff submitted or transmitted the Revised. 00:34:08
Housing element to the state HCD on Friday, November 3rd and that revision of the draft housing element was completed. 00:34:13
The City Council's direction. I also want to clarify, based on some comments received regarding that draft housing element, that 00:34:26
the Planning Commission's recommendations were provided to the City Council, and the City Council on October 18th did consider the 00:34:34
Planning Commission's recommendations before they. 00:34:42
Provided direction to staff regarding the the housing element. 00:34:52
And also. 00:34:55
Regarding. 00:34:57
The. 00:34:58
Buffer. 00:35:00
Or the number of. 00:35:01
Revised Draft Housing Elements or as Revised. 00:35:06
The draft housing element retains A buffer, a total buffer of 283 units, or approximately a 25% buffer, and. 00:35:11
Rena requirement was 11125. A 13% buffer would be 12172 units. 00:35:25
And. 00:35:33
There is an additional 136, actually an additional 137 units above that 13% buffer, which brings us to the 25% buffer of 283 00:35:34
units. 00:35:40
And that information can be found on table 211 on page 230. 00:35:48
Of the revised. 00:35:56
There any further comments, Mr. Sidora or you also? 00:36:07
There is no update regarding the general plan. 00:36:12
The contract is still in negotiations between the city and Rincon, and that contract is yet to be executed. 00:36:17
That's all I have for now and I'm available for questions. 00:36:29
Before I recognize Commissioner Natsinski, I'll go to the public for comment. Seeing there's lots of public comment, then I will. 00:36:33
If there's no public comment, actually I will. 00:36:38
Pro. 00:36:45
As our recognized members of the Commission, and I'll start with. 00:36:46
Commissioner Nisinski because he had his hand raised first. 00:36:51
I have a quick question I was going to read part of. 00:36:54
An e-mail that was sent to us is public. 00:37:02
Yes. No, Why don't you? 00:37:06
In my comments and then I'll recognize Commissioner Nisinski. Thank you. I was just gonna ask a question of staff and and. 00:37:09
And my recommendation would. 00:37:21
Change the the comment of the housing element to be revised housing element to submitted housing element. That would be clearer 00:37:23
to. 00:37:28
The public, I think that. 00:37:34
Turn yourself off. This is the submitted public the housing element as opposed to revised housing element. That's just my 00:37:38
recommendation. 00:37:42
Thank you. 00:37:49
Commissioner Sawyer. 00:37:53
My my comments. 00:37:55
Thank you to the staff that did all that hard work and working with Rincon etc. 00:37:58
Some questions from Jane Haynes. 00:38:06
You've read the letter, I'm sure, Mr. Sidor and she listed. 00:38:10
Six separate questions that had to do. 00:38:15
Planning Commission recommendations that were not placed in the. 00:38:19
Revised or submitted housing element. 00:38:25
And am I to take from your comments that the City Council decided not to submit those suggestions that came from? 00:38:30
Commissioner Solara, that that. 00:38:44
All right. Thank you. And she also had asked about the buffer and you clearly elucidated that. So thank you. 00:38:47
Any other comments about the Vice chair Murphy? 00:38:57
Mr. Sidora, I've I've heard through the Grapevine that there has been some change. 00:39:01
As far as the need. 00:39:06
Environmental review of the draft housing element. I'm wondering if you can shed some light on that. 00:39:08
Prepared at this time to respond to that question, so. 00:39:23
I'll have to get together with the the team and and come back with more information regarding that question. 00:39:27
OK. Thank you. 00:39:36
Commissioner Fred. 00:39:39
What became of the noble building? 00:39:43
Our recommendation was to strike it from the list what was what was put in the revised. 00:39:46
I'm sorry, Commissioner Frederickson, could you repeat the initial part of that question? I missed it. What became of the NOAA 00:39:54
building? As you recall, I think it was parcel 49. 00:39:58
In the in the plan that was going to generate 80 or 90 housing. 00:40:03
Units. 00:40:10
And we took a motion to strike that from the from the housing plan. 00:40:11
Did that survive or did it? What? What happened to it? 00:40:17
Commissioner Frederickson and and for the entire Commission. 00:40:22
The recommendations of the City Council to staff were to remove Site 49, the NOAA building site at 1352 Lighthouse to remove Site 00:40:28
52. 00:40:34
The Community Center at 5:15. 00:40:40
To remove references to project. 00:40:44
To update the history section and. 00:40:47
To address or make non substantive edits. 00:40:53
Such as typographical or grammatical or or. 00:40:57
Factual errors that were. 00:41:03
The. 00:41:05
Draft housing. 00:41:07
Then as a as a follow on then even with those strikes. 00:41:09
We still came up with a total, as I recall, substantially above. 00:41:15
Our requirement in housing units is. 00:41:20
Because it appeared to us when we were doing this that we were close to. 00:41:24
We were reducing our margin. 00:41:31
I can't recall the exact term that was used in the housing element, but buffer we were, yeah, we were reducing our buffer almost 00:41:34
down to nothing yet I think you said the buffer was still substantial. 00:41:40
Commissioner Frederickson, that is correct. The buffer is still a 25% buffer. 00:41:47
And the. 00:41:53
Draft. 00:41:56
Had approximately 15106 units and that was reduced. 00:41:58
By 82 units at the NOAA building site and 14 units of the Community Center site, so a total of 96 units were removed. 00:42:03
From the draft, but that's leaves us with a total unit inventory of. 00:42:13
What says 14108? It's actually 14109 units. That is a correction that will have to be made. 00:42:21
So nothing else was added. 00:42:27
No, nothing else was added. 00:42:30
Comments vice chair. 00:42:34
Is the Commission going to get? 00:42:38
Copy of the. 00:42:41
They. 00:42:43
The. 00:42:45
Umm. 00:42:47
Submitted Housing Draft Housing Element is available online on the Pacific Grove City website under the Community Development 00:42:49
Department, Housing Division and the Housing Element. 00:42:56
And at this time staff would recommend that. 00:43:04
The. 00:43:10
We wait to produce additional hard copies until we receive comments back from HC. 00:43:13
And then make further revisions to the draft based on HCD's comments. 00:43:20
And the draft housing element will come before the Planning Commission again. 00:43:26
Probably in the April time frame. 00:43:33
For your consideration. 00:43:36
For. 00:43:41
Yeah. I mean that that would be probably the soonest it would occur. 00:43:45
Would be the April time frame. 00:43:48
Commissioner in the city and then vice chair. 00:43:51
Can you go over the what the expected timeline is from getting feedback from HCD? Thank you. 00:43:54
Yes, Commissioner Nisinski, the timeline is approximately 90 days for HCD initial review. 00:44:01
So that would end. 00:44:09
Approximately at the end of January or the first week in February. 00:44:11
And then based on HCD's comments staff. 00:44:16
The draft housing element. 00:44:23
And then? 00:44:26
Based on those revisions. 00:44:29
Uh. 00:44:32
Whatever environmental review is necessary, and then bring that. 00:44:33
Subsequently revised draft back to the Planning Commission and the City Council for adoption prior to submitting a second time to 00:44:40
HCD for their. 00:44:45
Hopefully final review. 00:44:52
Thank you. 00:44:54
Vice Chair Murphy. 00:44:55
I guess I recommend. I would recommend that some hard copies. 00:44:57
Be made available to the public. 00:45:01
Either in the library or in CDD or. 00:45:04
You know, obviously not everyone has access to the Internet. I realize they can get. 00:45:08
They do have access to the library, but. 00:45:16
Residents in town who are just not familiar with or comfortable with. 00:45:19
You know, just using an online source, so some small number of copies to the public I think would make sense. 00:45:25
Thank you. 00:45:34
When? 00:45:39
HCD. 00:45:43
Take on the housing. 00:45:47
And the staff and Rincon need to do revisions. Is there any time that the public gets to weigh in on that or was that all done? 00:45:50
At the. 00:46:01
Time that we looked at it and did. 00:46:02
Thank you, Commissioner Sawyer, the the revisions staff would work on those revisions and then? 00:46:07
That document would be made public prior to coming before the Planning Commission and the City Council. 00:46:14
For the public to review and and comment, we would be having a public hearing on that or hearings hearing at least. 00:46:21
That's my view. That's my view of the situation. That's all I believe required by the law anyway. 00:46:29
Mm-hmm. 00:46:35
Commissioner Sawyer, how long a time period are we looking at for? You'll get the revisions done, then it goes for public comment. 00:46:37
How long is that? Is that again that 30 day or is it less this time? 00:46:43
Just to clarify, Commissioner Sawyer. 00:46:52
I believe under state law there is no requirement for a follow on public comment period like there was for the initial draft, so 00:46:56
it would just be. 00:47:01
The public would have an opportunity to review the revisions based on HCDS comments. 00:47:07
Um. 00:47:15
At the time it would come before the Planning Commission for for review. 00:47:16
And I can clarify that next month if if I. 00:47:22
Understood that in any way. And then. 00:47:27
In terms of the time frame after. 00:47:31
We receive HCD's comments. 00:47:35
We anticipate. 00:47:39
Approximately a two-month period to make those revisions. But the the length of that time frame will depend on the extent of HCDS 00:47:42
comments. If they're extensive, then yeah, staff will likely need that entire two-month time frame. 00:47:49
If. 00:47:58
Less than extensive or minimal then then we may be able to bring the. 00:48:00
Item back before the Planning Commission sooner than anticipated, but that's still an unknown at this point. 00:48:05
Mr. Mur. 00:48:12
Mr. When the document comes back to us. 00:48:14
Would we be expect? 00:48:18
Only on the ACD revisions. 00:48:22
Or on the whole? 00:48:26
By Sheriff Murphy. 00:48:31
Believe the Planning Commission would still have an opportunity to make further recommendations to the City Council, Thank you 00:48:34
prior to adoption. So I don't believe it would just be related to the revisions, but I I can clarify that as well. Thank you. 00:48:41
Are there any other comments, Commissioner Kubica? 00:48:49
Mr. Siddharth to the chair. 00:48:54
We're going to be able to get a copy of what the comments were from the. 00:48:58
When they send them back to. 00:49:03
Yes, those comments will be made available. Will it be posted on the CD? Yes, they would be posted. 00:49:06
I want to make a couple of comments when. 00:49:16
Provided comments to the City Council from the Planning Commission. 00:49:19
I made the observation that the best we could do. 00:49:24
In terms? 00:49:28
Review after we got comments. 00:49:31
From HCD that we would still. 00:49:33
12 or 13 days. 00:49:37
Beyond the grace. 00:49:39
That related to the builder's remedy, so. 00:49:42
Times of the essence, and so the the critical path in this is, Mr. Sidor said, Is. 00:49:46
The the amount of time staff would need to make corrections based upon what HCD does and if there's a lot then it's going to take 00:49:53
more time, so we should be aware of that it. 00:49:58
Something we're going to have to pay attention to, I would. 00:50:04
Vice Chair Murphy's comments. 00:50:09
Making copies available to the public, the hard copies. And I think sooner rather than later we would want to get hard copies 00:50:12
ourselves so we can hit the ground running so that we can. 00:50:17
At least in our minds, go through everything with our questions and and comments so that when we do meet we'll be able to to. 00:50:22
Quickly because time is of the essence. So those would be my comments. The other thing I wanted to say is that. 00:50:31
When Mr. Siddharth says we have a pad of 283, I believe him. I don't understand how they got to that number though, and the reason 00:50:40
I say that is because I thought we had 1272 in. 00:50:45
Our plan, which I think is the number he mentioned and if you take out the 84 for Noah that takes it down to 1188. And then if you 00:50:51
take out the Community Center and I had a different number than some had and all of a sudden then I see Jane Haynes number and 00:50:56
it's down to 1. 00:51:01
There's a big difference between one and 283. I don't know what it is, but if you say it's 283, I'm glad because one isn't much. 00:51:07
So with that, if there's no other comments, then we'll move. 00:51:17
And that would be of Commissioner Kubica, yes, chairman. 00:51:22
Thank you. 00:51:28
The General Plan. 00:51:29
That's in our housing element. 00:51:33
It the policy numbers. 00:51:37
That are in there seem to imply that. 00:51:39
To get Zon. 00:51:43
Done by December 20 by the end of this year, 2024. 00:51:45
Well, December of 2024, so that doesn't get us much time to do that. Is there any plan to start looking at that zoning between now 00:51:50
and during the 90 day period? 00:51:55
Or what is the plan to get us out to that zoning and get items accomplished by? 00:52:02
The end of 2024? 00:52:08
Commissioner Kubica, I believe. 00:52:10
That. 00:52:14
Part of phase one of the contract with Rincon is to look at the rezoning that would need to be accomplished and and making sure 00:52:16
that that. 00:52:22
Addressed as quickly as possible. 00:52:28
At this point I'm unable to say anymore regarding that because. 00:52:32
Until the contract is executed. 00:52:38
What we don't know when Rincon will be able to get started. 00:52:41
On that. 00:52:44
On the. 00:52:46
Then we'll move on to the last. 00:52:50
Item on the agenda and that it was the pulled item of the work plan. 00:52:53
2023 and it's updated through October 19th. 00:52:59
And. 00:53:04
Commissioner Sawyer removed it, so perhaps you would like to. 00:53:05
Again, commentary about that, or at least do a gender report, so to speak. And then we will go to the public and then we will. 00:53:10
And staff and we staff in the public and then comments from the Commission. 00:53:21
My my comments are basically just to talk about what is present on the work plan. 00:53:26
And just to ask where we are with some of these items and to get a sense of? 00:53:34
Where we can go with them because there are a number of things on there that I'm not sure about. So we are missing four sets of 00:53:41
minutes. 00:53:47
September 14th, October 5th, 12th and 19th and I realized October was. 00:53:54
Hideous as far as trying to get minutes done, because that's three Planning Commission meetings. 00:53:59
Not to add that there were others that the staff was responsible for. 00:54:05
Umm, then I don't know what's happening with the Archaeologic Resources Review and tribal monitoring. 00:54:11
I do remember some conversation last meeting that. 00:54:19
It was out for rebid because the contract needed to be redone for more monies for public meetings. 00:54:26
And then I don't know what's happening with the review of the it's actually Title 23 Zoning and hotel parking amendments. And I do 00:54:36
remember on 10/19 Mr. Campbell. 00:54:43
Noting that he needed to get together with Mr. Sidor to decide what to do with this and then send it on to Legal. 00:54:51
And I would just comment that this was given to CDD last year in November and we have had no action on it and it's a little. 00:55:01
If I can be very bold, it's very frustrating. 00:55:12
And then a further review of call it procedures and we would very much like to meet twice monthly. 00:55:16
Especially when we have. 00:55:25
Big projects in front of us like the housing element so that we can move through things quickly. 00:55:27
And not hold things up in the General Plan. 00:55:33
The Story poll subcommittee report, you did hear about that and we plan to bring that forward in December. 00:55:39
And then I don't know what's happening with the coastal wildlife protection LCP amendments, I believe that might be. 00:55:46
Is that with a special subcommittee with BNRC? I'm not. 00:55:56
Umm. And then we had asked. 00:56:00
I think it was last February. 00:56:04
To process and schedule for coastal development. Review of special events that comes out of public works. 00:56:07
Through the rec department, we have yet to see. 00:56:14
And those probably should come to us sooner than later, so that we can get it all bundled under one CDP cause. Most of these are 00:56:17
annual events. 00:56:22
Think that the Legislative subcommittee to review overnight parking on Ocean View Blvd. and Sunset. I think that that's. 00:56:29
Kind of resting in place because I think that the last time we talked about that, it wasn't clear where we were going with that. 00:56:37
Those are the end of my questions. Thank you. 00:56:45
Ask you to respond or can you respond or or should we go to the audience? 00:56:53
So Commissioner Sawyer and Shirley, yes, I can, I can respond to some of those items, if you would like me to, please. OK, thank 00:57:00
you. 00:57:04
So regarding the Minutes, staff is aware of the the minutes that need to be completed for past meetings and. 00:57:08
Staff is working on those it. 00:57:16
Been a bit frustrating for staff as well because of some other items and projects that have come up that have. 00:57:19
Delayed some of these other items, such as the minutes. 00:57:29
And but those will be brought forward to the Planning Commission as soon as possible, the Cultural Resources Protocol. 00:57:33
Ease of stating it, I know that's not the real name of it. 00:57:43
The understanding that we have that CDD has from public works is that the they need to process a contract amendment with Rincon. 00:57:49
Increase the time available from Rincon for continuing to work on. 00:58:00
The protocol and to attend public meetings. 00:58:09
For that and at this time I don't have a date when. 00:58:13
Public Works intends. 00:58:19
Bring an amendment, a contract amendment, forward to the City Council for approval. 00:58:23
And regarding the Title 23 Hotel Parking amendments. 00:58:31
Again due to other. 00:58:36
Priority items. 00:58:39
But not to minimize the importance of these items. 00:58:43
But due to due to some other items. 00:58:48
CDD staff has yet to forward these two the legal. 00:58:52
The city attorney for review, for their review of these and so we will do that as soon as possible and things have begun to quiet 00:59:01
down a little bit. 00:59:07
Which is always risky to state because they can turn around quickly. 00:59:14
However, what we believe we'll be able to get those two. 00:59:20
Miss Vega before Thanksgiving. 00:59:24
For her review and consideration. 00:59:28
And. 00:59:32
And. 00:59:33
Regarding special events, public works. 00:59:36
Is in the public works and the Parks Division are in the process now of collecting the applications for the master calendar for 00:59:40
the fiscal 2425 fiscal. 00:59:47
Public Works anticipates taking the master calendar before the recreation board in January. 01:00:00
And then the coastal development permit for the. 01:00:07
Planning Commission's consideration would be brought forward at the February meeting. 01:00:13
And then the master calendar with. 01:00:19
The Planning Commission or with the coastal development permit would go before the. 01:00:25
City Council in March. At least that's the approximate time frame. 01:00:32
Schedule. 01:00:37
I have. 01:00:45
No other comments at this. 01:00:47
Before we get have any comments from the Commission of there's if there's anyone in the audience who would like to speak regarding 01:00:51
any of these items, I will so recognize them. 01:00:55
Quickly saying hearing none, then we'll move on to Commission comments and. 01:01:02
Let me begin by making a comment. This work plan was adopted earlier this year by this Commission as a whole and we had listed 01:01:08
down a number of things or issues. That is the year wore on they became less and less in number, but they filled up since then 01:01:14
because of. 01:01:20
Of applications and things that have come up and so I've just put them in because I've been the one that's put this thing together 01:01:27
and so all of these items on here. 01:01:31
Have either been requested by one of you as Commission members or by the staff or. 01:01:36
Someone that. 01:01:44
We have on here and so for example the the last one on here established legislative subcommittee to review overnight parking on 01:01:45
Ocean View Blvd. and Sunset Drive that came from Chief Madelona. 01:01:51
Who thought called me one day and I said, well, OK then, well, I just put it on the the thing in November, so I don't know where 01:01:58
that is. Maybe that has to wait. 01:02:02
Because of of changes in city administration, I don't know the same thing with the coastal wildlife protection LCP amendments. I 01:02:07
have no idea where that. 01:02:12
But. 01:02:17
I'll come back to other comments I have, but I just wanted to make that. 01:02:20
Point that. 01:02:24
We've. 01:02:26
Had many of these issues on our docket for some time now and that's why they're on here in November. 01:02:28
Vice chair. 01:02:35
I I I share Commissioner Soria's frustration about the the slow pace for some of her items, but in order not to get too 01:02:37
frustrated, I remind myself. 01:02:42
That this is the Planning Commission's work plan. It's not necessarily the planning staff's work plan. 01:02:48
And they're they're at the mercy of the city, the CDD director. 01:02:55
And the and the city manager and the and the City Council. 01:03:01
And when I remember that. 01:03:06
I get less frustrated. 01:03:08
For what it's worth, thank. 01:03:11
Any comments? 01:03:14
I just have one other comment and that has to do. 01:03:18
Let's see what it is. 01:03:23
It has to. 01:03:28
There's so many items on here. 01:03:31
Special events process is scheduled for coastal development review special events and you went through a process which is fine 01:03:34
with me, but I missed that meeting and it was in April and I believe Vice Chair Murphy chaired the meeting and the request at the 01:03:40
time was for a five year approval of special events. 01:03:46
By this Commission for. 01:03:53
And some of that was. 01:03:58
Items that were covered by. 01:04:00
Budget wise by the City and others that were not and this Commission. 01:04:03
Gave a one year approval and asked the staff to come back with a approach. 01:04:08
A protocol. 01:04:14
Issues submit or these projects submitted because. 01:04:18
What we had this last year. 01:04:22
Earlier this year was a situation where the special events. 01:04:25
That we needed to approve, especially in the coastal zone, went for funding approval to the City Council before we ever heard them 01:04:29
and the the situation was reversed and we wanted to avoid that. 01:04:35
So the protocol or the the schedule that you pointed out, Mr. Sidor, seems to have? 01:04:41
Made that issue go away. If if in fact it is going to be that way, if it's going to be that way, that's that's fine in my opinion 01:04:48
because. 01:04:52
There would be no City Council review before we got it. 01:04:57
But I'm still concerned that that. 01:05:01
We have this protocol in place and that we we. 01:05:05
Commissioner, saw. 01:05:10
And during that meeting, we also spoke. 01:05:12
Director Go and talked about the fact that his. 01:05:16
Tracking an application needed to be changed somewhat and he was very agreeable to that and I don't know what happened with. 01:05:21
The. 01:05:30
Application tracking mechanism that he was going to put together. 01:05:33
Because I think it would make life a lot simpler and easier because we looked at it and just talked about how it could be 01:05:38
simplified. 01:05:41
Yes, Commissioner Sawyer, it's my understanding that the Parks Division has revised the application formed to address some of 01:05:46
those concerns that were raised last year or earlier this year. 01:05:51
Vice chair. 01:05:58
And one of the items we asked for. 01:05:59
Director Go hurt us, said and agreed for the CDP. We asked for, you know, site maps for each. 01:06:04
Each event that's spelled out exactly where the event would be, where the parking would be, et cetera. And again, I'm I'm pretty 01:06:13
sure he heard us, but I'm hoping he he remembers. 01:06:18
Yeah, Vice Chair Murphy. At this time, I I don't have any further information regarding that particular request. 01:06:29
Through the chair. Sure, we're maybe I'm just speaking for myself and not the full. 01:06:36
Commission, but we're expecting maps. 01:06:43
Thank. 01:06:47
Commissioner Sawyer. 01:06:48
I I did notice that there was one project that's not on here that I've been very curious about. It was the sea hazards. 01:06:50
That you were working with and is it integral that was doing? 01:06:59
The mapping and they were doing some other things and you thought it might come back to us in. 01:07:04
Month or so. 01:07:10
You said that last last month. Is it? Was it Integral? Is that the name of the company? Yes, in Integral Consulting, Commissioner 01:07:12
Sawyer and that. 01:07:16
LCP grant for an update to the Coastal Hazards section of the LCP that. 01:07:22
Is still in process integral is a. 01:07:30
Has completed the data collection and has been working on the modeling and so there has been due to some challenges with data 01:07:34
collection. 01:07:41
And the. 01:07:48
Schedule has slipped a little bit and so that probably will not be coming before the Planning Commission until sometime next year 01:07:53
in 2024, and that would be a good item to add to the 2024 work plan for the Planning Commission. 01:08:01
There's no further comments. I will update this then for next month. Some of the things would flip into the next month, but a 01:08:13
couple of them is the issue that. 01:08:18
Mr. Sidora just mentioned we're probably going to next year, so we probably don't need to worry about that right away. And that 01:08:24
may also apply to a couple of these other things like the the archaeological protocol. I I don't see that, I. 01:08:30
It would have a contract done. 01:08:38
Have things ready for in. 01:08:40
I don't know. That's maybe a question we'll have to do offline with Mr. 01:08:42
The list of things here won't be as extensive as it is here, but I just wanted to have as many things on here as as we had 01:08:50
approved so that there was no question that. 01:08:57
Things were where they were or are. So with that then we'll move on there. Any other comments about this item? 01:09:05
If not, then we will go to new business and there is no new business and we'll go to presentations #11 and there are no 01:09:14
presentations. 01:09:17
And so that brings us to #12, our next meeting. 01:09:21
Thursday. 01:09:25
Well, I have Friday here Thursday, December 14th at 6:00 PM. 01:09:27
And so if there's no further comments or questions and I will. 01:09:32
Adjourn this meeting at 7:10 PM. 01:09:36
7/7. 01:09:43
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It is 6. 00:00:00
I am Stephen Lilly and I will call to order this November 9th, 2023 regular meeting of the Pacific Grove Planning Commission. 00:00:02
Mr. Sidor, would it be you who would call the roll or Mr. McGowan? 00:00:10
You. 00:00:14
Commissioner. 00:00:15
Here, Commissioner. 00:00:18
Vice Chair Murphy here. 00:00:21
Commissioner Sawyer. 00:00:25
Commissioner Davison, Commissioner Nisinski and Chair Lilly. 00:00:27
Chair, we have 7 Commissioners present and a quorum for this evening's meeting. 00:00:34
Hey, good. Then as you said, we have a quorum, 7 commissioners, welcome, all good to see everybody here at once at the same time 00:00:39
in the same place, so. 00:00:44
Before we begin, let me just briefly state this meeting as being conducted under revised rules mandated and Assembly Bill 2449. 00:00:48
This is a hybrid format with our meeting and chambers and virtually with zoom viewing for the audience. 00:00:56
Before we continue, let me remind everyone, including myself, that we must turn on our microphones and speak directly into them so 00:01:06
that our equipment can properly record us. 00:01:11
Now we come to the published agenda that we received recently. 00:01:17
Does anyone have any changes to the agenda? 00:01:23
Commissioner Frederickson. 00:01:28
Yes, thank you, Chair. I would like to continue item 8A. 00:01:31
Until such time we resolve the issue about proper noticing. 00:01:36
And I would assume that we could make that happen so that next, so that we could cover a day at the next. 00:01:42
Scheduled Planning Commission meeting and then I believe them would be what December 14th? 00:01:48
That is the second Thursday. 00:01:54
And the reason I let me just give a little bit of reasoning and. 00:01:56
Previous experience and the Planning Commission I have. 00:02:01
We've gone the other way a few times when there was a noticing issue and been forced to back up and cover it all again. 00:02:05
Because it can be a contentious issue whether it was done properly or not, and I think it's our obligation to dot the IS and cross 00:02:14
the T. 00:02:17
And take that off the table so we can talk about the issues of substance. 00:02:21
Commissioner Fredrickson had a motion. Is there a second to that motion, Commissioner? 00:02:30
I'll second the motion, second the motion. 00:02:35
OK, under the circumstances, I think I I will allow discussion of this matter. VICE Chair. Murphy, I think you started to raise 00:02:37
your hand. 00:02:41
I understand. 00:02:47
Commissioner Frederickson has has said. 00:02:48
I guess I would like to hear from staff about the noticing. 00:02:52
And perhaps a thorough description of. 00:02:56
Of what we did. 00:02:59
You know their understanding that we did it right. 00:03:02
Then I'll recognize. 00:03:06
Mr. Sidor, at the request of Vice Chair Murphy. 00:03:08
Yes chair and vice chair. Josie door CDD staff. So the noticing for this project the the. 00:03:13
Notices were required to be posted a minimum of 10 days prior and they were posted. 00:03:24
Approximately 13 days prior on October, Friday, October 27th on site on both Pearl Street and 10th St. 00:03:32
And the mailers the. 00:03:39
We're. 00:03:43
Mailed. 00:03:45
On Monday, October 30th, 10 days prior to today's hearing date. 00:03:47
And so. 00:03:51
The noticing per. 00:03:53
The Pacific Grove Municipal Code was done as required. 00:03:56
There is or was no or is no requirement for a legal ad for an AP and a CDP, an architectural permit and coastal development 00:04:02
permit. 00:04:07
It's only there's only a requirement for 100 foot list and posting on site, 100 foot list being the mailers. 00:04:14
And. 00:04:23
The. 00:04:25
Property owners or the commenter who submitted an e-mail and a letter from their attorney regarding not receiving a notice. 00:04:29
They. 00:04:38
Mailed. 00:04:39
And. 00:04:42
The city fulfilled its obligation in terms of mailing the notices a minimum of 10 days prior and posting the notices on site. 00:04:46
And in fact. 00:04:55
I. 00:04:58
The city went beyond what was required city staff because the only 100 foot list was required for the coastal development permit 00:05:00
and adjacent property owners for the architectural permit. 00:05:05
And I believe the staff planner on this project actually prepared and mailed out a 300 foot list. 00:05:11
So it was more than required. Isn't the 300 foot list required? Although it sounds like you? No 100 foot list is required for a 00:05:19
coastal development permit and only adjacent properties property owners for an architectural permit. 00:05:27
Also. 00:05:38
Representatives for. 00:05:40
Applicant and for the one commenter are are both here this evening as well. 00:05:44
OK. Thank you. 00:05:51
Any other further comments from any member of the Commission? Vice Chair Murphy. 00:05:53
I. 00:05:58
If I know we're not supposed to have dialogue, but I think under the circumstances I'll allow it, I I guess I would like to hear 00:06:00
again. 00:06:03
From Commissioner Frederickson. 00:06:07
You know issues in the past when we've done it properly and and went ahead and. 00:06:12
Yeah, I clearly understand. If if we did not notice properly, we should we should delay it. But since we have, I guess I I. 00:06:17
I'm not sure of the wisdom of delaying. 00:06:25
Well, and perhaps we should have heard staff prior to what we what I moved to do, but. 00:06:29
You weren't. Your question is about the past instances. 00:06:37
Yes, I mean I'm, I'm content to move forward, but you've indicated that we have had trouble in the past and I thought you had said 00:06:43
even when we noticed correctly. So I I did want to hear about that. This goes back four or five years and I think the issue was 00:06:48
cell towers on central. 00:06:52
And it was a very contentious issue with the local people involved as to whether they were noticed or not. 00:06:57
Whether the notices were published where they were. 00:07:03
And ultimately, we had to back up and do it all over again. 00:07:07
Because it was determined that we had in fact made. 00:07:11
And by we I mean the Commission and staff and and they were not properly noticed. Now what the, what the issues here are? I don't 00:07:17
know. I haven't investigated. 00:07:22
I I I would interject A. 00:07:29
That I was on the Commission at. 00:07:32
That that cell tower issue came. 00:07:35
I think we determined that it was quite. 00:07:38
Obvious that perhaps the staff had properly noticed the situation. 00:07:43
But we decided air on the side of. 00:07:49
And we decided. 00:07:52
Continue or to. 00:07:54
Issue later as Mr. or as. 00:07:58
Frederickson said Just. 00:08:01
Clear and safe. 00:08:03
And not expose the city to any any further problems. So I that's I think. 00:08:04
Example he was probably thinking of you may have been on the Commission. 00:08:10
Who? At the time, I think we just decided to err on the side of caution even. 00:08:13
We thought perhaps the staff had had. 00:08:17
And they said they. 00:08:20
I believe they did it, but. 00:08:23
We just. That's what we decided that evening. 00:08:25
We had some residents who felt otherwise. And that that's true. Perhaps it's it's perhaps this is a carbon copy of that situation 00:08:28
this evening. I don't know. That depends on how the rest of you feel. You know, your your pleasure. 00:08:36
So sure, Lily. 00:08:44
Mr. Sidor, if I could make one additional comment, I also believe the representative for the applicant. 00:08:46
Wanted this evening to. 00:08:55
The Planning Commission some questions and requests some some direction. 00:09:00
Uh, therefore, well, I just wanted to let you know that. 00:09:06
You repeat that again. Who has that? The The applicants representative? The applicants? Oh, really? 00:09:12
So if there's no. 00:09:20
Issues. 00:09:22
Then. 00:09:24
Hear the question and decide one way or the other and move on. Mr. Sidor, would you please call the roll? 00:09:25
Sure. Could you please clarify who made the second on that motion? Commissioner, let me repeat the motion. I should have repeated 00:09:35
the motion and moved by Commissioner Frederickson that we approve the agenda with. 00:09:41
Deletion of item 8A and that was seconded by. 00:09:48
Commissioner Sawyer, did I have that correct? 00:09:54
Thank you, Thank you. And for clarification, before the role is taken, would that be? 00:09:58
A continuation of that item to the next hearing would be a continuation to December 14, 2023, as I heard the motion. 00:10:05
Thank you and as I. 00:10:13
The. 00:10:16
Commissioner Fredrickson. 00:10:18
Commissioner Sawyer. 00:10:22
Commissioner. 00:10:26
Commissioner Kubica. 00:10:29
Commissioner Nisinski. 00:10:34
Vice. 00:10:37
And share Lilly. 00:10:40
Chair the motion. 00:10:42
Adopted by a vote of four to three. 00:10:45
So does the motion pass? Do we need 5 votes or 4? I'm not clear on four votes. 00:10:48
All right. Well then, that changes the agenda this evening for sure. 00:10:54
Um. 00:11:00
Uh, sure, Commissioner. 00:11:01
It's been a while. 00:11:05
Would would the applicant be able to speak still today to kind of be able to ask some of those questions or is that it's not on 00:11:12
the agenda? So I don't believe how that can be. 00:11:16
OK. 00:11:21
Perhaps the city attorney could address that question. 00:11:24
Certainly, if she would like that would be Miss Vega. Yes. Hello. 00:11:29
You've just voted to remove this item from your agenda, so if you'd like to hear from the applicant, you would need to take a new 00:11:36
vote to add it back to the agenda so that it can be heard. And as a further point of clarification, I was about to interject, 00:11:43
you've continued this item to your next meeting typically. 00:11:51
When we continue to a date certain, the project is not re noticed. 00:11:58
So if you if the will of the Commission or the direction of the the majority of the Commission is for re noticing to occur, then 00:12:03
that needs to be clarified for staff. 00:12:08
All right, so then, that will need to be clarified, Commissioner Nunzinski. 00:12:14
Thank you. Can I ask a question of the lawyer as well? Sure. 00:12:19
Are Miss Vega? There's a question, yes. 00:12:25
Good evening, How would if how would the issue of proper noticing be be resolved? 00:12:29
So after the comment letter was received, I independently verified the appropriate noticing under your municipal code and reached 00:12:37
out to staff as to what was done so they would repeat the noticing that has already been done. 00:12:45
And. 00:12:54
Mr. Sidor has indicated that was above and beyond what the code actually required. 00:12:56
So it would just be a repeat of of the noticing that has already been done. 00:13:02
So for purposes of clarification then Miss Vega, do we need to take an action this evening to direct staff to re notice or will 00:13:07
they just do it on their own? 00:13:12
Well, I think. 00:13:19
We don't. We don't want that. We don't want this to come back next month and then find out that a majority of the Commission 00:13:21
expected Renotic to occur. So I do think you do. You need to give direction so that way staff knows and can be prepared for what 00:13:27
the expectation is from the majority of you who voted in favor of that motion. 00:13:34
We'll do that then. So before we continue then. 00:13:40
Then I wouldn't need a motion. 00:13:45
Direct staff to re notice item 8. 00:13:48
To December 14, 2020. 00:13:51
Do I have a motion for that? 00:13:54
So. 00:13:58
So this. 00:14:00
Commissioner Fredrickson to direct staff to Re Notice item 88 to December 14, 2023. 00:14:01
And is there a second to? 00:14:08
The second by Commissioner. 00:14:13
So. 00:14:16
Then if there's no, is there any further discussion about that, Commissioner? 00:14:18
Are we going through the same process we did before 'cause it's what it sounds like to me, and so we need to do a per the 00:14:24
direction of the attorney and I interrupted you. I'm sorry, No, no worries. No, I'm more thinking of if if there was issues the 00:14:29
first time. 00:14:35
Noticing we're doing the exact same process again, are we going to run into those same issues? 00:14:41
I would not believe. I would not hope so, but that's my personal opinion. 00:14:46
OK. 00:14:51
So with that then I'll call the question. Mr. Sidora, would you please call the roll all those in favor, say aye, all those 00:14:54
opposed and the motion say, nay, Commissioner. 00:14:58
Ay. 00:15:04
Commissioner. 00:15:06
Commissioner. 00:15:09
Hi. 00:15:11
Commissioner KUB. 00:15:12
I. 00:15:14
Commissioner Nisinski. 00:15:15
Hi. 00:15:17
Vice Chair Murphy. 00:15:18
And share Lily. 00:15:20
Share the motion to direct staff. 00:15:23
Re notice, this project for the December 14th Planning Commission hearing is approved by a vote of seven to zero. 00:15:27
So, as Mr. Sidor said then. 00:15:35
Carry 7 Aye's No. 00:15:38
Passes. 00:15:42
Notice. 00:15:45
December 14, 2023 Meeting for item 8A that is on this evening's agenda. 00:15:46
Are there any other changes to the agenda that we need to consider? 00:15:52
Commissioner, saw. 00:16:02
I'd like to pull. Let's let me interrupt you and and we can pull. 00:16:04
Items if you're thinking about the consent agenda. 00:16:12
We can pull that then. 00:16:15
Commission and staff. 00:16:27
Did. 00:16:31
Oh. 00:16:33
What is remaining of the I I thought we had approved the. 00:16:38
Amended the agenda but. 00:16:43
We can approve the. 00:16:47
We can approve the agenda as amend. 00:16:50
That was to remove, I believe that motion was to remove that item from the agenda, so we should approve. 00:16:53
Commissioner, sorry, is correct. We should approve the amended agenda. So do I have a motion to approve the amended agenda? 00:16:59
I move that we approve the amended. 00:17:07
Is there a second? 00:17:12
Second, OK, so Commissioner Frederickson move. We approve the amended agenda seconded by Commissioner Kubica. 00:17:15
Would you please call the roll, Mr. Sidor? 00:17:24
Aye, Commissioner Frederickson A. 00:17:30
Commissioner Davidson. 00:17:34
Commissioner Sawyer. 00:17:39
Commissioner Nisinski, Vice Chair Murphy. 00:17:41
And sure, Lily A. 00:17:45
Share The motion to approve the agenda as amended, is. 00:17:47
Adopted it by a vote of seven to zero. All right, so the motion to approve the agenda had seven eyes, no nays. It stands approved 00:17:53
longer than took longer this evening than usually does. But now we're ready to move on to item three in the agenda, which is 00:17:58
Commission and staff announcements. 00:18:04
Does any Member of the Commission have an announcement? 00:18:10
Commissioner Sawyer, I just wanted to let the Planning Commission know and the staff that I resigned as of November 1st from the 00:18:18
position as secretary. Thank you. 00:18:26
Thank. 00:18:34
Are there Are there any other announcements? 00:18:36
I have. 00:18:41
And then we'll get the staff and to the. 00:18:43
Council member, Tonight we have an attendance, Mr. Lou. 00:18:47
Was our Interim Community Development Director, and since there's only two people in the audience, it must be one of you two 00:18:52
there. Raises his hand. 00:18:56
Welcome. Previously, he was a 20 year employee with Monterey County where he last served. 00:19:01
County Chief Administrative Officer, So welcome Mr. Bowen. 00:19:06
In your new. 00:19:11
You should also know I appeared at the City Council meeting. 00:19:13
October 18th and urge they support our revisions to the draft housing element that we reviewed and considered here. 00:19:17
And our recommendations were among those approved. 00:19:23
And recently I received an e-mail from Mayor Peak regarding public comment at committee meetings. It is now the policy of the 00:19:27
city. There be no. 00:19:31
Public comment on. 00:19:36
However, public comment can still occur by attendance at our meetings or by letter or e-mail. 00:19:38
Let me further state regarding that whole issue at our last meeting, I commented. 00:19:45
That disruptive hate speech has no place in our meetings. Individuals do have a constitutional right to free speech. We will 00:19:50
always honor that, including me, what you can, calling me whatever you want. 00:19:56
When speech clearly becomes disruptive, I will follow protocol to stop it. 00:20:03
Finally, everybody talks about rights. Well, with rights, in my view, go responsibilities. 00:20:08
And that would be to, for example, to be civil and respectful. You know, my tenure on this Commission, that has always been the 00:20:14
case and I hope that continues. 00:20:18
So with that, are there any staff announcements? Mr. Sidor or Bauman or McGowan, any of you have any announcements? Chair Lilly 00:20:24
staff has no announcements at this time. 00:20:30
Right. Tonight we have Erica Vega, our Assistant City Attorney, who is with us on Zoom, and we've already heard from her, but it's 00:20:36
good to see her again. Did you welcome? And do you have any announcements? I have no announcements for you this evening. 00:20:42
Thank you. And finally we have Council liaison announcements. Council Member Coletti, do you have any announcements? 00:20:51
Liaison. Yes, I do welcome. 00:20:58
Chair Lily and members of the Commission. 00:21:03
Council at our last meeting approved an employment agreement for interim city. 00:21:08
With Mr. Robert. 00:21:15
And congratulations to. 00:21:18
Very exciting to have him. 00:21:20
And he began working here at City just this past Monday. 00:21:22
And I actually met with him today. 00:21:29
And I encourage you all to do the same. 00:21:31
Very nice. 00:21:33
We also at our last meeting, approved a job description for the position of city manager. 00:21:36
Believe it or not, there's never been an official job description approved and we did that. 00:21:43
And then we also approved first. 00:21:49
And I know this is something the Planning Commission has. 00:21:52
First read of the Cannabis licensing and Zoning ordinances. 00:21:56
And both of those were put together, the framework was put. 00:22:01
Very artfully by our Assistant City Attorney Miss Vega, who's here this evening. And thanks again. 00:22:06
And then finally, the Parkland subcommittee, which I'm also a. 00:22:13
Had a very positive and productive meeting with property and business owners. Have a good meeting. Thank you. 00:22:17
Vice Chair Murphy. I think our handbook allows us to ask questions of the Council liaison. 00:22:25
And does and I'd I'd like to do that. 00:22:30
And Councilmember Colette You? 00:22:35
Didn't mention the appeal that. 00:22:38
You had the of the property on Ocean View Blvd. 00:22:43
Would. 00:22:47
Well, I would, and then I was going to ask a question about it. 00:22:48
As an appeal of the Planning Commission. 00:22:52
Yes, it was. It was called. It was appealed to City Council. City Council upheld the appeal. As I recall the vote, it was. 00:22:55
1. 00:23:05
To basically reduce so there was 2 aspects to the. 00:23:07
Application There was a use permit and a. 00:23:12
Essentially we denied the use permit which was to have a height exception based on. 00:23:17
A section, I think, Chapter 2364. 00:23:23
And the exception was essentially denied to have. 00:23:28
A 27 foot he. 00:23:34
Building instead of what the zoning currently allows, which is 25. 00:23:37
Now my understanding is since that was denied, applicants walked away, they're going to amend their plans, come back. 00:23:43
To council and. 00:23:50
Presumably be. 00:23:52
Did you have a question or a follow up to that? 00:23:54
No. 00:23:56
Let me check that Councilmember Coletti and and Vice Chair Murphy, that was 773775 Ocean View Blvd. For clarification so that 00:23:57
there's no confusion about. 00:24:03
Where we're all talking about. 00:24:09
Are there any other? 00:24:15
Councilmember. 00:24:16
If not, then we'll move on to item five, general public. 00:24:19
This must deal with matters subject to the jurisdiction of the City and the Planning Commission, but are not on the agenda this 00:24:22
evening. This is the appropriate time to comment on items in the consent agenda, but only if the Speaker does not wish to have the 00:24:27
item pulled for consideration by the Commission. 00:24:32
Comments. 00:24:38
Public will be limited to 3 minutes per speaker and will not receive our consideration. 00:24:39
Comments regarding an item on the agenda will be heard at the time the Commission's consideration of that item. 00:24:44
Before we continue, I need to mention that we have had over 1120. 00:24:51
I should say letters and emails since our last meeting on October 19th appears that most, if not all of them were submitted after 00:24:56
distribution of the agenda package. 00:25:01
And they include, let me just briefly read the names. Jenny McMurdo, Gratitude for Planning Commission decision on 2. 00:25:07
Forest Ave. which is was the Pop and his Project Tonichiani Great Tide Pool habitat. Tony Gianni, 215 Forest Ave. Administrative 00:25:16
use permit. 00:25:21
Or Pop and hiss. Mayor Peak announcing policy changes regarding public comment on Zoom. Tony Ciani Public comment on Zoom. Vicki 00:25:27
Pierce Public comment on Zoom. 00:25:32
Same with. 00:25:37
Lorenzen, Dahmer, Tony, Johnny, Great Tide Pool, Sand Dunes, Habitat and Trail. Jane Haynes, Carmel Pine Cone Article on draft 00:25:39
Housing. 00:25:44
Inge, Lorentz and Dahmer The Planning Commission agenda on the City website. 00:25:49
Lou Ballman reporting some middle of the draft housing element, some middle to the HCD. 00:25:53
Karen Law comments on the regular agenda. Janet Cohen about the appeal. The wastewater collection system repairs out. 00:26:01
On the Sylmar area, Jane Haynes, the draft housing element in Lawrence and Dahmer. Permit hearing for 111 10th Ave. 00:26:09
Same individual our work plan can. 00:26:18
And then Rudolph regarding 111 10th St. same with Tyler. 00:26:22
And Angela Love, Dale Ellis. And then there were two others today, I believe, one from Inga Lorenzen Dahmer and one from Lisa 00:26:28
Ciani, I think on the same subject. So if I. 00:26:34
Did anyone's letter? I apologize. Let me mention that our administrative technician, Debbie Gonzalez, keeps a copy of all 00:26:41
communications. 00:26:45
In our Commission binder in the CDD department. And so with that, if there is anyone who would like to address the the Commission, 00:26:49
they may now do so. I see that we have hordes of people in the audience, so. 00:26:56
There we. 00:27:06
If not, then we'll move on to the scene. No one getting up and coming to the podium, we'll go to the consent agenda, which deals 00:27:10
with matters routine and. 00:27:15
Controversial in nature may include actions on. 00:27:20
Resolutions and other public hearings for which testimony is not anticipated. We have a single item on the consent agenda this 00:27:24
evening and that would be an updated Planning Commission work plan for 2023. It is listed as agenda item 7A or under reports 00:27:31
requiring action. And I will just say that I did not, I usually update that I did not have that in our October meetings because I 00:27:38
didn't have it and. 00:27:44
I think we were busy with the housing element, if I recall. So it's updated now and it's there. And so would any member of the 00:27:53
Commission like to remove this one item from the consent agenda? Commissioner Sawyer? Yes, I would like to pull item 6A, which is 00:27:59
the Planning Commission. 00:28:05
2023 work plan and move it if it's OK with the chair to 9C. 00:28:11
So that's at the very end of our. 00:28:18
And just for the record. 00:28:23
Misstated. It's item 6A, as Commissioner Sawyer said. I said 7A, so I stand correct. 00:28:25
So since that's the only item on the consent agenda, I'll I won't ask any staff member or member of the audience to remove 00:28:31
anything, because there's nothing else to remove. 00:28:35
So, and since that's the only thing on the consent agenda, then there's no need for a motion to approve the consent agenda because 00:28:40
there's none left. 00:28:44
I think that's the proper proced. 00:28:48
And everybody seems to be in agreement with that. 00:28:50
With that then we go to item which is. 00:28:54
AB becomes. 00:28:59
And that. 00:29:02
If I see this correctly, there is no idea or no. I'm sorry. 00:29:06
The story Oh, you're up. Yeah, so 9A is. I'm really followed up on the numbers tonight. 9A is 9. That what used to be. Well, it 00:29:15
still is 9. 00:29:20
It doesn't stop 98, so that would be Commissioner Sawyer. Do you? You are chairperson of that committee? I believe so. Would you 00:29:27
like to make a report, please? I am. I have no progress report at this time. We have a meeting next week. 00:29:35
And we anticipate that we will be bringing the story poll. 00:29:43
What should we call it? Draft policy in December? 00:29:50
To the planning. 00:29:53
OK. Are there before we go to discussion about that, are there any comments? 00:29:57
From the. 00:30:05
Hearing. 00:30:09
Then I'll open it up for discussion among the planning Commissioner, Are there any comments about? 00:30:12
Commissioner Sawyer. 00:30:17
Commissioner Frederickson, I have a question. I. 00:30:20
In that in the past we've we've had an issue arise where. 00:30:24
I believe the story polls were not installed because of public safety. 00:30:31
As the subcommittee addressed that and and who is and who is responsible for making that determination? 00:30:37
We have looked at that and I think we have some. 00:30:45
What would we call it? Policies in place to address that knowing that there's sometimes a variety of issues and so? 00:30:51
There we're asking that if an applicant is unable to place story polls, that they have to submit a letter. 00:31:00
Alternatives. 00:31:13
And we've listed a number of altern. 00:31:15
And it would come in front of the Planning Commission so that we would be. 00:31:21
Fully aware of when I. 00:31:28
Project might not be able to do story pull so that. 00:31:31
Say yes or no to what the suggestion is. 00:31:36
That's the applicant's obligation, right? Correct. 00:31:40
Does. 00:31:44
The applicant is supposed to consult with the city. 00:31:47
Correct. OK. 00:31:50
So are there any other comments? 00:31:55
Questions. I have a question. 00:31:58
So you would have this. 00:32:02
Ready for our consideration on December 14th, did you say correct? 00:32:03
All right. So that would need. 00:32:07
Agendas are docketed, whatever we would want to call it, right? 00:32:10
And I would need to have it to CD. 00:32:14
By. 00:32:18
When? 00:32:20
Mr. Sidor, Mr. Sid. 00:32:21
The 7th of December or a little bit before? 00:32:24
I. 00:32:29
The question was when? When do you the agenda report, if you could have that submitted to CDD? 00:32:29
10 days prior to the hearing date. What we try to do is publish the agenda a week before the hearing date. We don't always. 00:32:38
Meet that timeline, but that's what we aim for. 00:32:48
And so if we could have the agenda report a few days before that, that would be helpful. 00:32:51
And I'll submit it to you. 00:32:58
Yes, that would be fine actually, if you could send it to both myself and Mr. Campbell. 00:33:02
OK, as the Planning Commission liaison? 00:33:08
Do I need do I need to submit a CC to Mr. Bauman as well? 00:33:11
He's nodding his head. Yes. OK. Thank you. Appreciate that. 00:33:16
All right. We'll go then to, does that conclude your report That concludes my report. Thank you. Public comment and are there any 00:33:24
other comments from the? 00:33:28
OK. 00:33:36
December. 00:33:37
Item 9B. So I have that number correct. I hope a housing element and general plan update, Joe. 00:33:40
His. 00:33:48
The from So do you have a report? 00:33:49
Housing element update and the General Plan update. Mr. Sidor. Yes, Chair Lily. My oral report this evening will be brief. I just 00:33:54
wanted to inform the Planning Commission and the public that. 00:34:01
Staff submitted or transmitted the Revised. 00:34:08
Housing element to the state HCD on Friday, November 3rd and that revision of the draft housing element was completed. 00:34:13
The City Council's direction. I also want to clarify, based on some comments received regarding that draft housing element, that 00:34:26
the Planning Commission's recommendations were provided to the City Council, and the City Council on October 18th did consider the 00:34:34
Planning Commission's recommendations before they. 00:34:42
Provided direction to staff regarding the the housing element. 00:34:52
And also. 00:34:55
Regarding. 00:34:57
The. 00:34:58
Buffer. 00:35:00
Or the number of. 00:35:01
Revised Draft Housing Elements or as Revised. 00:35:06
The draft housing element retains A buffer, a total buffer of 283 units, or approximately a 25% buffer, and. 00:35:11
Rena requirement was 11125. A 13% buffer would be 12172 units. 00:35:25
And. 00:35:33
There is an additional 136, actually an additional 137 units above that 13% buffer, which brings us to the 25% buffer of 283 00:35:34
units. 00:35:40
And that information can be found on table 211 on page 230. 00:35:48
Of the revised. 00:35:56
There any further comments, Mr. Sidora or you also? 00:36:07
There is no update regarding the general plan. 00:36:12
The contract is still in negotiations between the city and Rincon, and that contract is yet to be executed. 00:36:17
That's all I have for now and I'm available for questions. 00:36:29
Before I recognize Commissioner Natsinski, I'll go to the public for comment. Seeing there's lots of public comment, then I will. 00:36:33
If there's no public comment, actually I will. 00:36:38
Pro. 00:36:45
As our recognized members of the Commission, and I'll start with. 00:36:46
Commissioner Nisinski because he had his hand raised first. 00:36:51
I have a quick question I was going to read part of. 00:36:54
An e-mail that was sent to us is public. 00:37:02
Yes. No, Why don't you? 00:37:06
In my comments and then I'll recognize Commissioner Nisinski. Thank you. I was just gonna ask a question of staff and and. 00:37:09
And my recommendation would. 00:37:21
Change the the comment of the housing element to be revised housing element to submitted housing element. That would be clearer 00:37:23
to. 00:37:28
The public, I think that. 00:37:34
Turn yourself off. This is the submitted public the housing element as opposed to revised housing element. That's just my 00:37:38
recommendation. 00:37:42
Thank you. 00:37:49
Commissioner Sawyer. 00:37:53
My my comments. 00:37:55
Thank you to the staff that did all that hard work and working with Rincon etc. 00:37:58
Some questions from Jane Haynes. 00:38:06
You've read the letter, I'm sure, Mr. Sidor and she listed. 00:38:10
Six separate questions that had to do. 00:38:15
Planning Commission recommendations that were not placed in the. 00:38:19
Revised or submitted housing element. 00:38:25
And am I to take from your comments that the City Council decided not to submit those suggestions that came from? 00:38:30
Commissioner Solara, that that. 00:38:44
All right. Thank you. And she also had asked about the buffer and you clearly elucidated that. So thank you. 00:38:47
Any other comments about the Vice chair Murphy? 00:38:57
Mr. Sidora, I've I've heard through the Grapevine that there has been some change. 00:39:01
As far as the need. 00:39:06
Environmental review of the draft housing element. I'm wondering if you can shed some light on that. 00:39:08
Prepared at this time to respond to that question, so. 00:39:23
I'll have to get together with the the team and and come back with more information regarding that question. 00:39:27
OK. Thank you. 00:39:36
Commissioner Fred. 00:39:39
What became of the noble building? 00:39:43
Our recommendation was to strike it from the list what was what was put in the revised. 00:39:46
I'm sorry, Commissioner Frederickson, could you repeat the initial part of that question? I missed it. What became of the NOAA 00:39:54
building? As you recall, I think it was parcel 49. 00:39:58
In the in the plan that was going to generate 80 or 90 housing. 00:40:03
Units. 00:40:10
And we took a motion to strike that from the from the housing plan. 00:40:11
Did that survive or did it? What? What happened to it? 00:40:17
Commissioner Frederickson and and for the entire Commission. 00:40:22
The recommendations of the City Council to staff were to remove Site 49, the NOAA building site at 1352 Lighthouse to remove Site 00:40:28
52. 00:40:34
The Community Center at 5:15. 00:40:40
To remove references to project. 00:40:44
To update the history section and. 00:40:47
To address or make non substantive edits. 00:40:53
Such as typographical or grammatical or or. 00:40:57
Factual errors that were. 00:41:03
The. 00:41:05
Draft housing. 00:41:07
Then as a as a follow on then even with those strikes. 00:41:09
We still came up with a total, as I recall, substantially above. 00:41:15
Our requirement in housing units is. 00:41:20
Because it appeared to us when we were doing this that we were close to. 00:41:24
We were reducing our margin. 00:41:31
I can't recall the exact term that was used in the housing element, but buffer we were, yeah, we were reducing our buffer almost 00:41:34
down to nothing yet I think you said the buffer was still substantial. 00:41:40
Commissioner Frederickson, that is correct. The buffer is still a 25% buffer. 00:41:47
And the. 00:41:53
Draft. 00:41:56
Had approximately 15106 units and that was reduced. 00:41:58
By 82 units at the NOAA building site and 14 units of the Community Center site, so a total of 96 units were removed. 00:42:03
From the draft, but that's leaves us with a total unit inventory of. 00:42:13
What says 14108? It's actually 14109 units. That is a correction that will have to be made. 00:42:21
So nothing else was added. 00:42:27
No, nothing else was added. 00:42:30
Comments vice chair. 00:42:34
Is the Commission going to get? 00:42:38
Copy of the. 00:42:41
They. 00:42:43
The. 00:42:45
Umm. 00:42:47
Submitted Housing Draft Housing Element is available online on the Pacific Grove City website under the Community Development 00:42:49
Department, Housing Division and the Housing Element. 00:42:56
And at this time staff would recommend that. 00:43:04
The. 00:43:10
We wait to produce additional hard copies until we receive comments back from HC. 00:43:13
And then make further revisions to the draft based on HCD's comments. 00:43:20
And the draft housing element will come before the Planning Commission again. 00:43:26
Probably in the April time frame. 00:43:33
For your consideration. 00:43:36
For. 00:43:41
Yeah. I mean that that would be probably the soonest it would occur. 00:43:45
Would be the April time frame. 00:43:48
Commissioner in the city and then vice chair. 00:43:51
Can you go over the what the expected timeline is from getting feedback from HCD? Thank you. 00:43:54
Yes, Commissioner Nisinski, the timeline is approximately 90 days for HCD initial review. 00:44:01
So that would end. 00:44:09
Approximately at the end of January or the first week in February. 00:44:11
And then based on HCD's comments staff. 00:44:16
The draft housing element. 00:44:23
And then? 00:44:26
Based on those revisions. 00:44:29
Uh. 00:44:32
Whatever environmental review is necessary, and then bring that. 00:44:33
Subsequently revised draft back to the Planning Commission and the City Council for adoption prior to submitting a second time to 00:44:40
HCD for their. 00:44:45
Hopefully final review. 00:44:52
Thank you. 00:44:54
Vice Chair Murphy. 00:44:55
I guess I recommend. I would recommend that some hard copies. 00:44:57
Be made available to the public. 00:45:01
Either in the library or in CDD or. 00:45:04
You know, obviously not everyone has access to the Internet. I realize they can get. 00:45:08
They do have access to the library, but. 00:45:16
Residents in town who are just not familiar with or comfortable with. 00:45:19
You know, just using an online source, so some small number of copies to the public I think would make sense. 00:45:25
Thank you. 00:45:34
When? 00:45:39
HCD. 00:45:43
Take on the housing. 00:45:47
And the staff and Rincon need to do revisions. Is there any time that the public gets to weigh in on that or was that all done? 00:45:50
At the. 00:46:01
Time that we looked at it and did. 00:46:02
Thank you, Commissioner Sawyer, the the revisions staff would work on those revisions and then? 00:46:07
That document would be made public prior to coming before the Planning Commission and the City Council. 00:46:14
For the public to review and and comment, we would be having a public hearing on that or hearings hearing at least. 00:46:21
That's my view. That's my view of the situation. That's all I believe required by the law anyway. 00:46:29
Mm-hmm. 00:46:35
Commissioner Sawyer, how long a time period are we looking at for? You'll get the revisions done, then it goes for public comment. 00:46:37
How long is that? Is that again that 30 day or is it less this time? 00:46:43
Just to clarify, Commissioner Sawyer. 00:46:52
I believe under state law there is no requirement for a follow on public comment period like there was for the initial draft, so 00:46:56
it would just be. 00:47:01
The public would have an opportunity to review the revisions based on HCDS comments. 00:47:07
Um. 00:47:15
At the time it would come before the Planning Commission for for review. 00:47:16
And I can clarify that next month if if I. 00:47:22
Understood that in any way. And then. 00:47:27
In terms of the time frame after. 00:47:31
We receive HCD's comments. 00:47:35
We anticipate. 00:47:39
Approximately a two-month period to make those revisions. But the the length of that time frame will depend on the extent of HCDS 00:47:42
comments. If they're extensive, then yeah, staff will likely need that entire two-month time frame. 00:47:49
If. 00:47:58
Less than extensive or minimal then then we may be able to bring the. 00:48:00
Item back before the Planning Commission sooner than anticipated, but that's still an unknown at this point. 00:48:05
Mr. Mur. 00:48:12
Mr. When the document comes back to us. 00:48:14
Would we be expect? 00:48:18
Only on the ACD revisions. 00:48:22
Or on the whole? 00:48:26
By Sheriff Murphy. 00:48:31
Believe the Planning Commission would still have an opportunity to make further recommendations to the City Council, Thank you 00:48:34
prior to adoption. So I don't believe it would just be related to the revisions, but I I can clarify that as well. Thank you. 00:48:41
Are there any other comments, Commissioner Kubica? 00:48:49
Mr. Siddharth to the chair. 00:48:54
We're going to be able to get a copy of what the comments were from the. 00:48:58
When they send them back to. 00:49:03
Yes, those comments will be made available. Will it be posted on the CD? Yes, they would be posted. 00:49:06
I want to make a couple of comments when. 00:49:16
Provided comments to the City Council from the Planning Commission. 00:49:19
I made the observation that the best we could do. 00:49:24
In terms? 00:49:28
Review after we got comments. 00:49:31
From HCD that we would still. 00:49:33
12 or 13 days. 00:49:37
Beyond the grace. 00:49:39
That related to the builder's remedy, so. 00:49:42
Times of the essence, and so the the critical path in this is, Mr. Sidor said, Is. 00:49:46
The the amount of time staff would need to make corrections based upon what HCD does and if there's a lot then it's going to take 00:49:53
more time, so we should be aware of that it. 00:49:58
Something we're going to have to pay attention to, I would. 00:50:04
Vice Chair Murphy's comments. 00:50:09
Making copies available to the public, the hard copies. And I think sooner rather than later we would want to get hard copies 00:50:12
ourselves so we can hit the ground running so that we can. 00:50:17
At least in our minds, go through everything with our questions and and comments so that when we do meet we'll be able to to. 00:50:22
Quickly because time is of the essence. So those would be my comments. The other thing I wanted to say is that. 00:50:31
When Mr. Siddharth says we have a pad of 283, I believe him. I don't understand how they got to that number though, and the reason 00:50:40
I say that is because I thought we had 1272 in. 00:50:45
Our plan, which I think is the number he mentioned and if you take out the 84 for Noah that takes it down to 1188. And then if you 00:50:51
take out the Community Center and I had a different number than some had and all of a sudden then I see Jane Haynes number and 00:50:56
it's down to 1. 00:51:01
There's a big difference between one and 283. I don't know what it is, but if you say it's 283, I'm glad because one isn't much. 00:51:07
So with that, if there's no other comments, then we'll move. 00:51:17
And that would be of Commissioner Kubica, yes, chairman. 00:51:22
Thank you. 00:51:28
The General Plan. 00:51:29
That's in our housing element. 00:51:33
It the policy numbers. 00:51:37
That are in there seem to imply that. 00:51:39
To get Zon. 00:51:43
Done by December 20 by the end of this year, 2024. 00:51:45
Well, December of 2024, so that doesn't get us much time to do that. Is there any plan to start looking at that zoning between now 00:51:50
and during the 90 day period? 00:51:55
Or what is the plan to get us out to that zoning and get items accomplished by? 00:52:02
The end of 2024? 00:52:08
Commissioner Kubica, I believe. 00:52:10
That. 00:52:14
Part of phase one of the contract with Rincon is to look at the rezoning that would need to be accomplished and and making sure 00:52:16
that that. 00:52:22
Addressed as quickly as possible. 00:52:28
At this point I'm unable to say anymore regarding that because. 00:52:32
Until the contract is executed. 00:52:38
What we don't know when Rincon will be able to get started. 00:52:41
On that. 00:52:44
On the. 00:52:46
Then we'll move on to the last. 00:52:50
Item on the agenda and that it was the pulled item of the work plan. 00:52:53
2023 and it's updated through October 19th. 00:52:59
And. 00:53:04
Commissioner Sawyer removed it, so perhaps you would like to. 00:53:05
Again, commentary about that, or at least do a gender report, so to speak. And then we will go to the public and then we will. 00:53:10
And staff and we staff in the public and then comments from the Commission. 00:53:21
My my comments are basically just to talk about what is present on the work plan. 00:53:26
And just to ask where we are with some of these items and to get a sense of? 00:53:34
Where we can go with them because there are a number of things on there that I'm not sure about. So we are missing four sets of 00:53:41
minutes. 00:53:47
September 14th, October 5th, 12th and 19th and I realized October was. 00:53:54
Hideous as far as trying to get minutes done, because that's three Planning Commission meetings. 00:53:59
Not to add that there were others that the staff was responsible for. 00:54:05
Umm, then I don't know what's happening with the Archaeologic Resources Review and tribal monitoring. 00:54:11
I do remember some conversation last meeting that. 00:54:19
It was out for rebid because the contract needed to be redone for more monies for public meetings. 00:54:26
And then I don't know what's happening with the review of the it's actually Title 23 Zoning and hotel parking amendments. And I do 00:54:36
remember on 10/19 Mr. Campbell. 00:54:43
Noting that he needed to get together with Mr. Sidor to decide what to do with this and then send it on to Legal. 00:54:51
And I would just comment that this was given to CDD last year in November and we have had no action on it and it's a little. 00:55:01
If I can be very bold, it's very frustrating. 00:55:12
And then a further review of call it procedures and we would very much like to meet twice monthly. 00:55:16
Especially when we have. 00:55:25
Big projects in front of us like the housing element so that we can move through things quickly. 00:55:27
And not hold things up in the General Plan. 00:55:33
The Story poll subcommittee report, you did hear about that and we plan to bring that forward in December. 00:55:39
And then I don't know what's happening with the coastal wildlife protection LCP amendments, I believe that might be. 00:55:46
Is that with a special subcommittee with BNRC? I'm not. 00:55:56
Umm. And then we had asked. 00:56:00
I think it was last February. 00:56:04
To process and schedule for coastal development. Review of special events that comes out of public works. 00:56:07
Through the rec department, we have yet to see. 00:56:14
And those probably should come to us sooner than later, so that we can get it all bundled under one CDP cause. Most of these are 00:56:17
annual events. 00:56:22
Think that the Legislative subcommittee to review overnight parking on Ocean View Blvd. and Sunset. I think that that's. 00:56:29
Kind of resting in place because I think that the last time we talked about that, it wasn't clear where we were going with that. 00:56:37
Those are the end of my questions. Thank you. 00:56:45
Ask you to respond or can you respond or or should we go to the audience? 00:56:53
So Commissioner Sawyer and Shirley, yes, I can, I can respond to some of those items, if you would like me to, please. OK, thank 00:57:00
you. 00:57:04
So regarding the Minutes, staff is aware of the the minutes that need to be completed for past meetings and. 00:57:08
Staff is working on those it. 00:57:16
Been a bit frustrating for staff as well because of some other items and projects that have come up that have. 00:57:19
Delayed some of these other items, such as the minutes. 00:57:29
And but those will be brought forward to the Planning Commission as soon as possible, the Cultural Resources Protocol. 00:57:33
Ease of stating it, I know that's not the real name of it. 00:57:43
The understanding that we have that CDD has from public works is that the they need to process a contract amendment with Rincon. 00:57:49
Increase the time available from Rincon for continuing to work on. 00:58:00
The protocol and to attend public meetings. 00:58:09
For that and at this time I don't have a date when. 00:58:13
Public Works intends. 00:58:19
Bring an amendment, a contract amendment, forward to the City Council for approval. 00:58:23
And regarding the Title 23 Hotel Parking amendments. 00:58:31
Again due to other. 00:58:36
Priority items. 00:58:39
But not to minimize the importance of these items. 00:58:43
But due to due to some other items. 00:58:48
CDD staff has yet to forward these two the legal. 00:58:52
The city attorney for review, for their review of these and so we will do that as soon as possible and things have begun to quiet 00:59:01
down a little bit. 00:59:07
Which is always risky to state because they can turn around quickly. 00:59:14
However, what we believe we'll be able to get those two. 00:59:20
Miss Vega before Thanksgiving. 00:59:24
For her review and consideration. 00:59:28
And. 00:59:32
And. 00:59:33
Regarding special events, public works. 00:59:36
Is in the public works and the Parks Division are in the process now of collecting the applications for the master calendar for 00:59:40
the fiscal 2425 fiscal. 00:59:47
Public Works anticipates taking the master calendar before the recreation board in January. 01:00:00
And then the coastal development permit for the. 01:00:07
Planning Commission's consideration would be brought forward at the February meeting. 01:00:13
And then the master calendar with. 01:00:19
The Planning Commission or with the coastal development permit would go before the. 01:00:25
City Council in March. At least that's the approximate time frame. 01:00:32
Schedule. 01:00:37
I have. 01:00:45
No other comments at this. 01:00:47
Before we get have any comments from the Commission of there's if there's anyone in the audience who would like to speak regarding 01:00:51
any of these items, I will so recognize them. 01:00:55
Quickly saying hearing none, then we'll move on to Commission comments and. 01:01:02
Let me begin by making a comment. This work plan was adopted earlier this year by this Commission as a whole and we had listed 01:01:08
down a number of things or issues. That is the year wore on they became less and less in number, but they filled up since then 01:01:14
because of. 01:01:20
Of applications and things that have come up and so I've just put them in because I've been the one that's put this thing together 01:01:27
and so all of these items on here. 01:01:31
Have either been requested by one of you as Commission members or by the staff or. 01:01:36
Someone that. 01:01:44
We have on here and so for example the the last one on here established legislative subcommittee to review overnight parking on 01:01:45
Ocean View Blvd. and Sunset Drive that came from Chief Madelona. 01:01:51
Who thought called me one day and I said, well, OK then, well, I just put it on the the thing in November, so I don't know where 01:01:58
that is. Maybe that has to wait. 01:02:02
Because of of changes in city administration, I don't know the same thing with the coastal wildlife protection LCP amendments. I 01:02:07
have no idea where that. 01:02:12
But. 01:02:17
I'll come back to other comments I have, but I just wanted to make that. 01:02:20
Point that. 01:02:24
We've. 01:02:26
Had many of these issues on our docket for some time now and that's why they're on here in November. 01:02:28
Vice chair. 01:02:35
I I I share Commissioner Soria's frustration about the the slow pace for some of her items, but in order not to get too 01:02:37
frustrated, I remind myself. 01:02:42
That this is the Planning Commission's work plan. It's not necessarily the planning staff's work plan. 01:02:48