CITY OF CARMEL-BY-THE-SEA

PLANNING COMMISSION REGULAR MEETING MINUTES

January 11, 2017

A. CALL TO ORDER AND ROLL CALL FOR TOUR OF INSPECTION

PRESENT: Commissioners: Wendt, Lehman, Sharp and Goodhue

ABSENT: LePage

STAFF PRESENT: Marc Wiener, Community Planning & Building Director

Catherine Tarone, Assistant Planner
Matthew Sundt, Contract Planner
Cortina Whitmore, Planning Commission Secretary

B. TOUR OF INSPECTION

The Commission convened at 1:30 p.m. and then toured the following sites:
CDP 16-514 (City of Carmel-By-The-Sea), San Antonio Ave between Ocean and 4th
Ave., Blk: N/A; Lot: N/A
CDP 16-513 (City of Carmel-By-The-Sea), Scenic Rd. pathway between 8th Ave. and
Santa Lucia; Blk: N/A, Lot: N/A
DS 16-439 (Webster), Camino Real 2 NW of 11th Ave.; Blk: Q ; Lot: 17
UP 16-451(Little Napoli), NE corner Dolores and 7th Ave.; Blk: 76; Lot: 20 & 22
DS 16-400 (Neckopulos), Lobos 2 NE of 4th Ave.; Blk: 1B; Lot: 4
DS 16-436 (LB Homebuyers), SE corner of Lopez & 2nd Ave., Blk: KK; Lot: 30

C. ROLL CALL

Chairman Goodhue called the meeting to order at 4:12 p.m.

D. PLEDGE OF ALLEGIANCE

Members of the audience joined Commission Members in the Pledge of Allegiance.

E. ANNOUCNCEMENTS/EXTRAORDINARY BUSINESS

Community Planning Director, Marc Wiener announced Mayor, Steve Dallas as

the Planning Commission Liaison.

F. APPEARANCES

Barbara Livingston announced Coastal Biologist, David Shonman will hold a

lecture hosted by the Carmel Residents Association in Carpenter Hall January 17,
2017.

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 Dave Mosley noted Ian Martin spoke in favor of the restaurant amendment
presented at the December 14, 2016 Planning Commission meeting.

G. CONSENT AGENDA

Items placed on the Consent Agenda are considered to be routine and are acted upon by
the Commission in one motion. There is no discussion of these items prior to the
Commission action unless a member of the Commission, staff, or public requests specific
items be discussed and removed from the Consent Agenda. It is understood that the staff
recommends approval of all consent items. Each item on the Consent Agenda approved
by the Commission shall be deemed to have been considered in full and adopted as
recommended.

1. Draft minutes from the December 14, 2016 Planning Commission Meeting.

2. DS 16-259 (Carmel Way Trust) Consideration of a Final Design Study

Aengus Jeffers, Applicant/Rep. (DS 16-259), associated Coastal
10 Carmel Way Development Permit, lot merger, and lot-
Blk: SD; Lot: 7 line adjustment, for the construction of a
APN: 010-321-021 new residence located in the Single-
Family Residential (R-1), Park Overlay
(P), Archaeological Significance Overlay
9AS), and Beach and Riparian (BR)
Overlay Zoning Districts. The parcel is
adjacent to the Environmentally
Sensitive Habitat Area Overlay Area
(ESHA) of Carmel Beach.

3. DS 16-260 (Carmel Way Trust) Consideration of a Final Design Study

Aengus Jeffers, Applicant/Rep. (DS 16-260), associated Coastal
10 Carmel Way Development Permit, lot merger, and lot-
line adjustment, for the construction of a
Blk: SD; Lot: 7
new residence located in the Single-
APN: 010-321-021 Family Residential (R-1), Park Overlay
(P), Archaeological Significance Overlay
9AS), and Beach and Riparian (BR)
Overlay Zoning Districts. The parcel is
adjacent to the Environmentally
Sensitive Habitat Area Overlay Area
(ESHA) of Carmel Beach.

Commissioner Wendt moved to accept the Consent Agenda with correction to Ian
Martins comments. Commissioner Sharp seconded the motion and carried the
following vote: 4-0-1-0.

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 AYES: COMMISSIONERS: LEHMAN, WENDT, SHARP & GOODHUE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LEPAGE
ABSTAIN: COMMISSIONERS: NONE

10. DR 16-384 (Fountain) Consideration of a Concept Design

Eric Miller, Architect Review (DR 16-384) and associated
8th Ave., 2 NW of Junipero St. Coastal Development Permit for the
Blk: 89; Lot:26 construction of a new multi-family (2-
APN: 010-087-020 unit) building located on a vacant parcel
in the Residential and Limited
Commercial (RC) Zoning District

Commissioner Lehman moved to continue DR 16-384 (Fountain) as requested by

the Applicant. Commissioner Sharp seconded the motion and carried the following
vote: 4-0-1-0.

AYES: COMMISSIONERS: LEHMAN, WENDT, SHARP & GOODHUE

NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LEPAGE
ABSTAIN: COMMISSIONERS: NONE

H. PUBLIC HEARINGS

1. Carmel-By-The-Sea Consideration of whether to reconsider

Commercial (CC,SC,RC) Districts recommendations made to the City Council
for an Ordinance amending Municipal Code
Sections 17.14, 17.56 and 17.68 to amend the
restaurant and food store regulations

Marc Wiener, Planning Director summarized staff report. Mr. Wiener stated a Planning
Commissioner requested to reopen the discussion and noted the Commission would vote
to reconsider the item.

Chair Goodhue opened the public hearing.

Speaker #1: Jeff Baron read the Commission a letter and noted reconsideration of an item
creates doubts.

Speaker #2: Jonathan Sapp noted he did not agree with Chair Goodhues decision to
allow audience members an opportunity to speak prior to hearing the Commissions
comments and noted it does not allow the audience an opportunity to know what to
comment on.

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Speaker #3: Barbara Livingston expressed her disapproval of not knowing Commissioner
Wendts comments.

Speaker #4: Ken Spilfogel, Restaurant Owner suggested Mayor, Steve Dallas appoint a
new Restaurant sub-committee to study the restaurant amendment.

Speaker #5: Rich Pepe, Restaurant Owner voiced support for Mr. Spilfogels comments.

Speaker #6: Darlene Mosley expressed her support for the Planning Commission to
reconsider the amendment.

Chair Goodhue closed the public hearing.

The Commission held discussion. Commissioner Wendt discussed the importance to

provide the City Council with the best recommendation and noted reservations with the
recommended cap of three restaurants. Commissioner Wendt stated the cap will only
benefit property owners. Commissioner Sharp agreed with Commissioner Wendts
comments and commended Commissioner Wendt for bringing forward the request that
the Planning Commission revisit the amendment. Commissioner Lehman noted she is not
opposed to a reevaluation of the amendment. Chair Goodhue stated he was impressed
with Mr. Barons comments and noted the importance of the issue.

Chair Goodhue reopened the public comments.

Speaker #7: Jonathan Saap noted the complexity of the issue and recommended another
workshop. Mr. Saap commented when a Use Permit is tied to the land it is unfair to the
business owner and benefits the property owner.

Speaker #1: Jeff Baron expressed appreciation for Commissioner Wendt and Sharps
comments however noted the importance for the Commission to uphold its position.

Speaker #5: Rich Pepe expressed his belief that the City Council does not appreciate
appeals and reiterated concerns with the cap of three businesses.

Speaker #3: Barbara Livingston stated if a new committee is created it will need to be
more diverse and noted there are currently are more than three counter services
establishments in operation.

Speaker #8: John Palastini, General Manager of the Doud Arcade recommended the City
Council deliberate on the item.

Commissioner Wendt motioned to reconsider to City Council Municipal Code

Sections 17.14, 17.56 and 17.68 to amend the restaurant and food store regulations.
Commissioner Sharp seconded the motion and carried the following vote: 4-0-1-0.

AYES: COMMISSIONERS: SHARP, LEHMAN, WENDT & GOODHUE

NOES: COMMISSIONERS: NONE

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ABSENT: COMMISSIONERS: LEPAGE
ABSTAIN: COMMISSIONERS: NONE

2. Carmel-By-The-Sea Consideration of recommendations to the City

City-Wide Council for an Ordinance amending Municipal
Code Sections 17.08 and 17.68 in response to
recently adopted State legislation pertaining to
accessory dwelling units

Marc Wiener, Planning Director presented staff report.

Speaker #1: Sheri Damon, representative from City Attorney, Don Freemans office
informed the Commission Mr. Freeman reviewed the Ordinance for compliance. Ms.
Damon was available to answer questions.

Chair Goodhue opened the public hearing.

Speaker #2: Barbara Livingston inquired if the intent of the Ordinance is to allow more
affordable housing and questioned how the City will regulate the Ordinance.

Chair Goodhue closed the public hearing.

The Commission held discussion. Commissioner Lehman clarified the State already
passed the legislation pertaining to accessory dwelling units. Commissioners Goodhue
and Sharp commended staff for placing controls.

Commissioner Wendt motioned to adopt a recommendation to City Council to

adopt an Ordinance amending Municipal Code Sections 17.08 and 17.68 to address
the permitting of accessory dwelling units. Motion seconded by Commissioner
Lehman and carried the following vote: 4-0-1-0.

AYES: COMMISSIONERS: LEHMAN, WENDT, SHARP & GOODHUE

NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LEPAGE
ABSTAIN: COMMISSIONERS: NONE

3. Carmel-By-The-Sea Consideration of recommendation to the City

City-Wide Council for an Ordinance adding chapter 8.78
and section 12.32.155 and amending sections
8.36.010 and 12.32.010 of the Municipal
Code prohibiting nonmedical marijuana sales,
outdoor cultivation and use or smoking in
public places

Marc Wiener, Planning Director presented staff report and answered questions from the
Commission.

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Chair Goodhue opened the public hearing.

Speaker #1: Barbara Livingston questioned the distinction in the proposed Ordinance that
would allow for permitted indoor plant growth rather than allowing outdoor growth.

Speaker #2: Kevin DeAngelo commented on the opportunity for Carmel to show its
Bohemian side.

Speaker #3: Jeff Baron stated the City voted for legalization of marijuana and questioned
why outdoor growing was not included in the amendment. Mr. Baron also inquired why
the City would consider a permitting process for indoor growing.

Chair Goodhue closed the public hearing.

The Commission held discussion. Commissioner Wendt discussed information from the
League of California Cities that states Cities that ban commercial cultivation, personal
outdoor cultivation or retail sales of marijuana will not be eligible for State grants and
funding collected through marijuana sales tax. Commissioner Wendt voiced her support
for outdoor plant growth and for commercial marijuana sales. Commissioner Sharp noted
cultivation and commercial sales should be separated for before consideration.

Commissioner Sharp moved to continue Item #3 to allow staff time to separate

cultivation and personal use from commercial sales. Motion seconded by
Commissioner Wendt and carried the following roll call vote: 4-0-1-0. Motion
approved.

AYES: COMMISSIONERS: LEHMAN, SHARP, WENDT & GOODHUE

NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LEPAGE
ABSTAIN: COMMISSIONERS: NONE

4. CDP 16-513 (City of Carmel-by-the-Sea) Consideration of a Coastal Development

Scenic Road pathway Permit (CDP 16-513) application for Scenic
between 8th Ave. and Santa Lucia Road Beach Pathway Renovation within the
City limits of Carmel-by-the-Sea)

Matthew Feisthamel, Assistant City Forester summarized staff report provided Scenic
Pathway history.

Speaker #1: Scott Hall, Landscape Architect provided slide show presentation. Mr. Hall
detailed recommendations and answered questions from the Commission. Mr. Hall stated
the City will need to allocate funds to provided ongoing maintenance.

Speaker #2: Robert Mullane, Public Works Director answered questions from the
Commission.

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Chair Goodhue closed the public hearing.

Speaker #3: Barbara Livingston commended Mr. Feisthamel on the staff report. Ms.
Livingston noted the City should not start the project unless there is ongoing upkeep.

Speaker #4: Katie Morganroth, resident on Scenic Road directly across from the Santa
Lucia restrooms noted an agreement with the City after the construction of the restrooms
that the City would maintain low grade cover bushes or shrubs to mitigate view impacts.
Ms. Morganroth requested the City relocate the proposed Sea Lavender and substitute
with Carmel Creeper in order to mitigate view impacts.

Speaker #5: Mary Liskin spoke in favor of the proposed Scenic pathway landscape.

Chair Goodhue closed the public hearing.

The Commission held discussion. Chair Goodhue noted the Saltbush south of the Santa
Lucia restrooms was not removed as previously recommended by the Planning
Commission. Commissioner Goodhue requested to expand the Scenic Road Pathway
Renovation plan past the restrooms.

Commissioner Lehman moved to approve CDP 16-513 for the Scenic Road Beach
Pathway between 8th Ave. and Santa Lucia with the following conditions: study the
area south of restrooms and Morganroths residence to avoid potential view
impacts, replace Saltbush south of the restrooms and return to the Planning
Commission for final review. Motion seconded by Commissioner Wendt and carried
the following vote: 4-0-1-0.

AYES: COMMISSIONERS: LEHMAN, SHARP, WENDT & GOODHUE

NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LEPAGE
ABSTAIN: COMMISSIONERS: NONE

5. CDP 16-514 (Carmel-by-the-Sea) Consideration of a Coastal Development

San Antonio Ave. between Ocean Ave.
& 4th Ave.
Permit (CDP 16-514) application for
improvements including new landscaping
and signage for the median at San Antonio
Right-of-Way (ROW) between 4th and
Ocean. Changes to the curb face along San
Antonio, repair and revisions to the
retaining walls along San Antonio, new
parking stall markings, removal of two
trees at the north end of the project area (a
pittosporum and an eucalyptus), and
replacement planting of two trees (an oak
and a Monterey cypress) are also proposed

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Commissioner Sharp recused.

Krista Brassfield, Public Works, Project Manager presented staff report.

Robert Mullane, Public Works Director provided further project detail and answered
questioned from the Commission.

Chair Goodhue opened the public hearing.

Speaker #1: Anna Yateman expressed concern for the triangle shaped bump-out located
at the corner of 4th Ave. and San Antonio near the Pebble Beach entry gate.

Speaker #2: Mary Liskin also expressed concern for the bump-out and noted it is
dangerous and confusing for tourist.

Speaker #3: Jeff Baron spoke in favor of the proposed tree removal and noted the Citys
Safety Committee can address safety concerns at the intersection of 4th Ave. and San
Antonio.

Speaker #4: Laura Lawrence, Representative from the Law Offices of Aengus Jeffers
read a letter from John Lambert and John Dyson in support of the 4th Ave. and San
Antonio Right-of-Way improvements.

Chair Goodhue closed the public hearing.

The Commission held brief discussion. The Commission spoke in favor of the
improvements.

Commissioner Wendt motioned to approve CDP 16-514 for landscape and

renovation work at San Antonio Ave. between Ocean and 4th Ave. subject to the
findings and conditions of approval as well as the five renovation options as the
budget allows. Motion seconded by Commissioner Lehman and carried the
following roll call: 3-0-1-1.

AYES: COMMISSIONERS: WENDT, LEHMAN & GOODHUE

NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LEPAGE
ABSTAIN: COMMISSIONERS: SHARP

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6. DS 16-400 (Neckopulos)
Jim and Lynn Neckopulos
Lobos 2 NE of 4th Ave.
Blk: 1B, Lots: 4
APN: 010-013-006
Consideration of a Design Study (DS 16-400)
application for the construction of a detached garage
in the composite side-yard setback on a property
located in the Single-Family Residential (R-1)
Zoning District

Commissioner Sharp recused.

Marc Wiener, Planning Director provided staff report and noted neighbor concerns with
garage placement.

Speaker #1: Mr. Neckopulos, Applicant was available to answer questions from the
Commission and neighbors.

Chair Goodhue opened the public hearing.

Speaker #2: Mr. Primrose, neighbor noted concern with garage placement and composite
setback and requested the Applicant

Speaker #3: Mrs. Primrose, neighbor spoke in opposition of proposed garage placement.
Mrs. Primrose requested the removal of the encroachments in the right-of-way and
retaining wall.

Speaker #1: Mr. Neckopulos informed the Commission of attempts to work with
neighbors and mitigate tree impact and noted he is open to recommendations.

Seeing no other speakers the public hearing was closed.

The Commission held discussion.

Commissioner Sharp moved to approve DS 16-400 (Neckopulos) with the conditions

to rotate and shift the garage to an easterly direction as necessary, apply for an
encroachment permit and reduce site coverage. Motion seconded by Commissioner
Wendt and carried the following roll call: 4-0-1-0.

AYES: COMMISSIONERS: WENDT, LEHMAN, SHARP & GOODHUE

NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LEPAGE
ABSTAIN: COMMISSIONERS: NONE

7. DS 16-439 (Webster) Consideration of a Design Study (DS 16-439)

Martha Webster, Property Owner
Camino Real 2 NW of 11th
Block: Q; Lot: 17
application for new landscaping and an
amendment to a special condition for a
previously approved residential remodel
project located in the Single-Family

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 APN: 010-275-008 Residential (R-1) Zoning District

Catherine Tarone, Assistant Planner presented the staff repot.

Speaker #1: Martha Webster, Applicant stated reasons for the request to remove the tree
and provided The Commission alternative screening replacement options.

Chair Goodhue opened the public hearing.

Speaker #2: Anna Yateman, neighbor to the west voiced concern with the potential
removal of the pittosporum tree which was previously approved to remain in place by the
Planning Commission in 2014.

Chair Goodhue closed the public hearing.

Marc Wiener noted an Applicant can apply to have a special condition reconsidered after
one year of a decision.

The Commission held brief discussion. Commissioner Wendt noted the previous
Planning Commission condition of approval to maintain the tree for privacy should be
upheld. Commissioners Lehman and Sharp noted tree maintenance may mitigate impact
and recommended the Applicant work with the City Forester for guidance. Commissioner
Goodhue spoke in favor of removal of the tree and recommended the neighbor contribute
to screening.

Commissioner Lehman moved to continue DS 16-439 (Webster) to allow the

Applicant an opportunity to meet with the City Forester for guidance. Motion
seconded by Commissioner Sharp and carried the following roll call: 4-0-1-0.

AYES: COMMISSIONERS: WENDT, LEHMAN, SHARP & GOODHUE

NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LEPAGE
ABSTAIN: COMMISSIONERS: NONE

8. DS 16-436 (LB Homebuyers) Consideration of a Design Study (DS 16-436)

Krebs Design Group, Designer
SE corner of Lopez and 2nd Ave.
Block: KK; Lot: 30
APN: 010-231-023
and associated Coastal Development Permit
for the construction of a new single-family
residence located in the Single-Family
Residential (R-1) Zoning and Archaeological
Significance (AS) Overlay Zoning Districts

Matthew Sundt, Contract Planner presented staff report.

Speaker #1: Steve Krebs, Designer provided further design detail and answered questions
from the Planning Commission.

Chair Goodhue opened the public hearing.

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Speaker #2: Jeff Baron noted his submission of a letter to the Planning Commission. Mr.
Baron stated the design of the house is attractive and suggested the Applicant reduce size
impact from 2nd Ave.

Speaker #3: Barbara Livingston commented on the large amount of proposed glazing.

Chair Goodhue closed the public hearing.

The Commission held discussion.

Commissioner Lehman motioned to approve Concept Design Study (DS 16-436) as

presented with a review of proposed colors and landscape at the Final Design Study
Planning Commission hearing. Commissioner Wendt seconded the motion and
carried the following roll call: 4-0-1-0.

AYES: COMMISSIONERS: WENDT, LEHMAN, SHARP & GOODHUE

NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LEPAGE
ABSTAIN: COMMISSIONERS: NONE

9. UP 16-451 (Little Napoli) Consideration of a Use Permit (UP 16-451)

Rich Pepe, Business Owner
NE of corner of Dolores and 7th
Block: 76; Lot: 20 & 22
APN: 010-146-007
application to expand an existing restaurant
(Little Napoli) into an adjacent commercial
space located in the Central Commercial (CC)
Zoning District

Catherine Tarone, Assistant Planner presented staff report and answered questions from
the Commission.

Speaker#1: Rich Pepe, Restaurant Owner clarified the number of proposed seats and
answered questions from the Commission.

Chair Goodhue opened the public hearing.

Speaker#2: Barbara Livingston noted the Historic Statue located in the Little Napoli
courtyard will need protection.

Chair Goodhue closed the public hearing.

The Commission held brief discussion.

Commissioner Wendt moved to approve UP 16-451 (Little Napoli) subject to staff

findings and conditions and correction to the number of allowable seats.
Commissioner Lehman seconded the motion with the following vote: 4-0-1-0.

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 AYES: COMMISSIONERS: LEHMAN, SHARP, WENDT & GOODHUE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LEPAGE
ABSTAIN: COMMISSIONERS: NONE

I. DIRECTORS REPORT

1. Update on Planning Activities

Planning Director, Marc Wiener provided brief summary of Planning Department

activity.
o City Council adopted 2016 Building Code
o City Council adopted first Zoning Code reading
o City Council reviewed City-wide goals
o Recruitments are underway for the Planning and Building Department

J. ADJOURNMENT

There being no further business, Chair Goodhue adjourned the meeting at 9:10 p.m.

The next meeting of the Planning Commission is scheduled:

Wednesday February 8, 2017 at 4:00 p.m. Regular Meeting

SIGNED:

_____________________________________
Donald Goodhue, Planning Commission Chair

ATTEST:
_________________________________________
Cortina Whitmore, Planning Commission Secretary

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