CITY OF CARMEL-BY-THE-SEA

PLANNING COMMISSION REGULAR MEETING MINUTES

February 8, 2017

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

PRESENT: Commissioners: Wendt, Lehman, Sharp, LePage and Goodhue

ABSENT: N/A

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 2:00 p.m. and then toured the following sites:
DS 16-308 (Henderson), 26336 Scenic Rd., Blk: 1B; Lot: 18
DS 16-177 (Kronenberger),SE corner of San Antonio & 11th; Blk: X, Lot: 2
DS 16-436 (LB Homebuyers), SE corner of Lopez and 2nd Ave.; Blk: KK; Lot: 30
DS 16-239( McLaughlin), 1st Ave. 2 SE of San Carlos; Blk: 11; Lot: E of 2 & 4
DS 16-472 (Wilson), Mission , Mission 2 NW of Vista Ave.; Block: 4.5; Lot: 15

C. ROLL CALL

Chairman Goodhue called the meeting to order at 4:06 p.m.

D. PLEDGE OF ALLEGIANCE

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

E. ANNOUCNCEMENTS/EXTRAORDINARY BUSINESS
N/A

F. APPEARANCES

Speakers #1: Chris Thomas and Christy Carico local environmentalists requested the City
review the Municipal Code Section 8.68 to consider changing the Code regarding
chlorofluorocarbon, polystyrene and similar packaging material restrictions in order for
the City to become more environmentally friendly.

Speaker #2: Speaker #2, no name given, approached the Commission to inquire about DS
16-466 (Cosentino). The speaker was informed item DS 16-466 was continued to the
March 8, 2017 Planning Commission meeting.

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 Speakers #3/#4: Mr. Novak and the McMillans noted concerns with an approved
building project located on San Carlos Street that created a neighbor dispute over the
property line.

Chair Goodhue informed the speakers to contact the Planning Director for assistance in
the matter.

Marc Wiener, Planning Director stated staff is aware of the McMillans concerns and
noted the building permit is on-hold to allow parties the opportunity to conduct
independent surveys. Mr. Wiener noted property line disputes are a civil dispute.

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 January 11, 2017 Planning Commission Meeting.

Commissioner LePage moved to accept the January 11, 2017 Planning Commission
draft minutes. Commissioner Sharp seconded the motion and carried the following
vote: 5-0-0-0.

AYES: COMMISSIONERS: LEHMAN, WENDT, LEPAGE, SHARP &

GOODHUE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE

7. DS 16-466 (Cosentino) Consideration of a Design Study (DS 16-466)

Claudio Ortiz Design Group
Mission 4 NE of 10th Ave.
Block: 109; Lot: 12
APN: 010-076-015
and associated Coastal Development Permit
for the construction of a new single-family
residence located in the Single-Family
Residential (R-1) Zoning and Archeological
Significance (AS) Overlay Zoning Districts.

Commissioner LePage motioned to move DS 16-466 (Cosentino) to item #1.

Commissioner Wendt seconded the motion and carried the following vote: 5-0-0-0.

AYES: COMMISSIONERS: LEHMAN, WENDT, LEPAGE, SHARP &

GOODHUE
NOES: COMMISSIONERS: NONE

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 ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE

Chair Goodhue opened the public hearing.

Speaker #1: Claudio Ortiz, Applicant/Designer spoke in favor of the continuance.

The public hearing was closed.

Commissioner Lehman moved to continue DS 16-466 (Cosentino) to the March 8,

2017 Planning Commission meeting. Commissioner LePage seconded the motion
and carried the following vote: 5-0-0-0.

AYES: COMMISSIONERS: LEHMAN, WENDT, LEPAGE, SHARP &

GOODHUE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE

H. PUBLIC HEARINGS

1. Carmel-By-The-Sea Reconsideration of recommendations made to

Commercial (CC,SC,RC) Districts 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 presented staff report. Mr. Wiener stated one of the
Planning Commissioner requested to reopen the discussion item. Mr. Wiener clarified the
current restaurant categories and associated allowable uses and answered questions from
the Commission.

Chair Goodhue opened the public hearing to discuss the full-line restaurants amendment.

Speaker #1: John Plastini, General Manager for the Doud Arcade approached the
Commission to discuss specialty restaurants. Chair Goodhue informed Mr. Plastini
specialty restaurants would be discussed later in the meeting.

Speaker #2: Carmel resident, noted some Carmel residents do not desire expensive meals.

Speaker #3: Dave Mosley requested clarification from the Commission on the specific
item being discussed.

Commissioner LePage and Mr. Wiener clarified the discussion item.

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Speaker #4: Rich Pepe noted he continues to have questions regarding the specialty
restaurants and suggested another restaurant subcommittee to study and address ongoing
questions.

Chair Goodhue closed the full-line restaurant public hearing.

The Commission held discussion. Commissioner Wendt noted her support for both full-
line and specialty restaurants. Commissioner LePage expressed the importance for the
City to review the Municipal Codes in order to provide consistent and appropriate staff
decisions and noted his support.

Commissioner LePage motioned to make a recommendation to accept the

restaurant code amendment as presented by staff with the exception of counter
service. Commissioner Sharp seconded the motion and carried the following vote: 5-
0-0-0.

AYES: COMMISSIONERS: LEHMAN, WENDT, LEPAGE, SHARP &

GOODHUE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE

Chair Goodhue opened the public hearing to discuss counter service restaurants.

Speaker #5: Gene Hughes noted he is not in favor of the proposed counter service cap
and inquired how the City would prevent a franchise from entering Carmel.

Mr. Wiener noted the Municipal Code does not allow Formula Food restaurants to
conduct business in Carmel. Commissioner LePage added Conditional Use Permits are
reviewed by the Planning Commission case-by-case.

Speaker #1: John Plastini, GM for the Doud Arcade reiterated the desire for Carmel Belle
to come into compliance and noted the proposed restaurant amendments will effect the
land use for Carmel Belle and recommended the Commission create counter service
guidelines.

Speaker #3: Dave Mosley, member of the restaurant subcommittee suggested the
Commission exempt Carmel Belle without creating a new category and noted concerns
with the proposed numerical cap. Mr. Mosley also expressed his opposition for counter
service restaurants located in the Service Commercial Zone.

Chair Goodhue queried Mr. Wiener on how Carmel Belle would be able to come into
compliance if the third restaurant category is not added to the Municipal Code.

Mr. Wiener provided options.

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Speaker #4: Rich Pepe, restaurant owner and restaurant subcommittee member
commented the numerical cap of counter service restaurants is not feasible and may have
unintended consequences for the tenants that rent from the property owners.

Speaker #5: Gene Hughes reiterated Mr. Pepes comments in regards to the counter
service restaurants and also noted numerical caps may have unintended consequences.

Speaker #6: Speaker #6 (no name given), suggested the City keep it simple.

Speaker #7: Jeff Baron noted counter service restaurants would provide an improvement
and would save residents time and money. Mr. Baron commented the City needs to move
forward.

Speaker #8: Ken Spilfogel, restaurant subcommittee member noted counter service
restaurants serve a purpose and suggested a new study or workshop to discussion the item
further.

Speaker #9: MaryAnn Schicketanz, Carmel resident stated she appreciates the Carmel
Belle style and noted counter service is ideal for working residents.

Speaker #10: Darlene Mosley spoke in favor of two restaurant categories and suggested
the City use guidelines to regulate specialty restaurants rather that create a third category
for counter service restaurants.

Chair Goodhue closed the counter service public hearing.

The Commission held discussion. Commissioner Lehman recommended a new restaurant

subcommittee to continue the restaurant discussion. Commissioner Wendt noted there is
still confusion surrounding the restaurant amendment and suggested another study to
address concerns. Commissioner LePage stated staff and the restaurant subcommittee
have already studied and addressed issues. Commissioner Goodhue stated he is not in
favor of a third category and noted the specialty stores category address concerns the
concerns surrounding counter service restaurants.

Commissioner Goodhue motioned not to recommend a new restaurant category.

Commissioner Wendt seconded the motion and carried the following vote: 3-2-0-0.

AYES: COMMISSIONERS: LEHMAN, WENDT & GOODHUE

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

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2. DS 16-308 (Henderson) Consideration of a Design Study (DS 16-308)
Chuck Henderson and Coastal Development Permit for repair work
26366 Scenic Rd. to an existing historic residence located in the
Single-Family Residential (R-1), Beach and
Blk: 18; Lot 1 & 2
Riparian Overlay and Archeological Significance
APN: 009-423-001/002 (AS) Overly and Archeological Significance AS)
Overlay Zoning Districts.

Matthew Sundt, Contract Planner presented the staff report.

Speaker #1: Applicant, Chuck Henderson thanked staff and the Planning Commission
and reiterated his familys desire to repair and save the Historic Resource.

Chair Goodhue opened the public hearing.

Speaker #2: Speaker #2 (name not provided) noted landscape concerns.

Chair Goodhue noted Speaker #2 can contact the property owner to express landscape
concerns.

Chair Goodhue closed the public hearing.

The Commission held brief discussion. Commissioner Sharp commended the Applicant
for taking the initiative to preserve a historic resource. Commissioner LePage inquired to
the concrete poured at the base of the rocks and recommended the removal.
Commissioner LePage requested Kent Seavy, Preservation Consultant examine the
concrete. Commissioner Goodhue noted Kent Seavy will continue to assist with DS 16-
308 (Henderson) throughout the project. Commissioner Wendt thanked the
Henderson/Walker Family for their continued stewardship.

Mr. Seavy, Preservation Consultant suggested an assessment of the concrete.

Speaker #1: Mr. Henderson addressed Commissioner LePages concrete comments.

Mr. Wiener noted the Applicants commitment to review the concrete with the assistance
of Kent Seavy.

Commissioner Wendt motioned to approve DS 16-308 (Henderson) with Coastal

Development Permit subject to the conditions. Motion seconded by Commissioner
Lehman and carried the following vote: 5-0-0-0.

AYES: COMMISSIONERS: LEHMAN, WENDT, SHARP, LEPAGE &

GOODHUE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE

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3. DS 16-239 (McLaughlin)
Brian Congleton, Architect
1st Ave., 2 SE of San Carlos
Block: 11; Lots: E of 2 & 4
APN: 010-121-024
Consideration of a Final Design Study (DS
16-239) and associated Coastal Development
Permit for alterations and an addition to an
existing residence located in the Single-
Family Residential (R-1) Zoning and
Archeological Significance (AS) Overlay
Zoning Districts.

Commissioner Sharp recused.

Catherine Tarone presented staff report and summarized project history. Ms. Tarone
noted staff recommends approval.

Speaker #1: Brian Congleton, Applicant thanked Ms. Tarone for her assistance and
highlighted design changes and spoke to neighbor concerns.

Chair Goodhue opened the public hearing seeing no speakers Chair Goodhue closed the
public hearing.

The Commission held discussion. Commissioner Wendt noted the generous concessions
made the property owners and provided a recommendation for the windows.
Commissioner Lehman and LePage agreed with Commissioner Wendts comments.

Commissioner Lehman moved to approve DS 16-239 (McLaughlin) with the change

to the window in the addition to match the dining room window with sill height of
36 inches. Motion seconded by Commissioner LePage and carried the following roll
call vote: 4-0-0-1. Motion approved.

AYES: COMMISSIONERS: LEHMAN, WENDT, LEPAGE & GOODHUE

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

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

Krebs Design Group Designer
SE corner of Lopez & 2nd Ave.
Block: 11; Lot: 30
APN: 010-231-023
16-436) and associated Coastal Development
Permit for the demolition of an existing
residence and construction of a new single-
family residence located in the Single-family
Residential (R-1) Zoning and Archeological
Significance (AS) Overlay Zoning Districts.

Matthew Sundt, Contract Planner presented the staff report. Mr. Sundt informed the
Commission that staff discovered the Applicant needed to apply for a Use Permit and that
DS 16-439 (LB Homebuyers) will be continued until the March 8, 2017 Planning

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Commission meeting. Mr. Sundt noted staff and neighbor concerns and answered
questions from the Commission.

Speaker #1: Applicant, Steve Krebs provided project details and informed the
Commission of the landscape plan. Mr. Krebs answered questions from the Commission.

Chair Goodhue opened the public hearing.

Speaker #2: Anthony Lombardo, representative for the DeStefanos, neighbors to the east,
provided a comment letter to the Commission and requested an opportunity to meet with
the Applicant to address his clients concerns.

Speaker #3: Jeff Baron noted he is not in favor of the residence being shifted any closer
to 2nd Street.

Chair Goodhue closed the public hearing.

The Commission held discussion and provided recommendations to the Applicant.

Commissioner LePage directed the Applicant to explore shifting the home to the west
and eliminate the second garage door. Commissioner Lehman conquered with
Commissioner LePage and noted ample room to shift the home to the west.
Commissioner Goodhue stated the second garage door is unnecessary.

Speaker #1: Steve Krebs clarified the homes placement and noted the residence is
positioned in a manner that will accommodate the driveway.

Commissioner LePage moved to continue DS 16-439 (LB Homebuyers). Motion

seconded by Commissioner Lehman and carried the following vote: 5-0-0-0.

AYES: COMMISSIONERS: LEHMAN, LEPAGE, SHARP, WENDT &

GOODHUE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE

5. DS 16-177 (Kronenberger) Consideration of Final Design Study (DS

Claudio Ortiz Design Group
SE Corner of San Antonio & 11th Ave.
Block: X; Lot: 2
APN: 010-279-016
16-177) and associated Coastal
Development Permit for the second story
addition to an existing single-family
residence located in the Single-Family
Residential (R-1) Zoning District.

Catherine Tarone, Assistant Planner presented staff report and summarized design
changes. Ms. Tarone noted neighbor concerns and answered questions from the
Commission.

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Commissioner Sharp informed the Commission that she was a previous owner of the
property.

Speaker #1: Claudio Ortiz, Designer/Applicant provided further revision details and
noted he has contacted the neighbors and addressed their concerns.

Chair Goodhue opened the public hearing.

Speaker #2: The Hollenbecks, neighbors to the east requested the Commission waive the
tree condition and clarification of the conditions of approval. The Hollenbecks noted their
concerns were addressed.

Speaker #3: Mike Kronenberger, Owner noted his support for the tree recommendations.

Chair Goodhue closed the public hearing.

The Commission held discussion. Commissioner Lehman requested the Applicant reduce
site coverage and paved concrete in order to add landscaping. Commissioner Wendt
commended Mr. Ortiz for working with the neighbors to resolve their concerns and
directed Mr. Ortiz work with staff to reduce site coverage. Commissioner Sharp also
commended all parties for working together to resolve concerns. Commissioners Lehman
and Wendt expressed support for the removal of the tree in question due to an abundance
of trees on the property.

Commissioner LePage motioned to accept DS 17-177 (Kronenberger) with

conditions: #22, #23, #24 with the direction to remove the lower canopy replanting
requirement, #25 with the direction to remove paved area in order to come into
compliance, #26 and # 27 and return to the Planning Commission with a landscape
plan prior to final approval. Motion seconded by Commissioner Sharp and carried
the following roll call: 5-0-0-0.

AYES: COMMISSIONERS: LEHMAN, LEPAGE, SHARP, WENDT &

GOODHUE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE

6. DS 16-472 (Wilson) Consideration of a Design Study (DS 16-472) and

Claudio Ortiz Design Group
Mission, 2 NW of Vista Ave.
Block: 4.5 ; Lot:15
APN: 010-115-016
associated Coastal Development Permit for the
construction of a new single-family residence
located in the Single-Family Residential (R-1)
Zoning District.

Commissioner Sharp recused.

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 Matthew Sundt, Contract Planner presented staff report and staff recommendations.

Speaker #1: Claudio Ortiz, Designer clarified design concept and noted the trees on the
property make the design more challenging. Mr. Ortiz conveyed the owners intent to
maximize the project however noted the owners will concede to remove the proposed
basement.

Chair Goodhue opened the public hearing.

Speaker #2: Steve Kallison, neighbor to the north spoke to parking concerns in the
neighborhood.

Speaker #3: Herb Beckett, neighbor informed the Commission of his concerns regarding
the fireplace and ongoing parking constraints in the neighborhood and voiced concern
with parking during the construction.

Speaker #4: Ken Rheaume, neighbor to the southwest expressed concerns with a
proposed window on the second story that will overlook his deck, rear setback and
provided recommendations.

Seeing no other speakers the public hearing was closed.

The Commission held discussion. Commissioner Wendt commended Mr. Ortiz on his
design and requested Mr. Ortiz comment on the window concerns raised by the neighbor.
Commissioner Lehman recommended a gas fireplace and noted she is not in favor of the
opaque windows. Commissioner LePage stated the proposed basement was a concern
however is confident Mr. Ortiz will address the concern. Chair Goodhue directed the
Applicant to simply the design.

Speaker #1: Mr. Ortiz informed the Commission he is in favor of meeting with the
neighbors to discuss the privacy concerns.

Commissioner LePage motioned to accept Concept Design Study DS 16-472

(Wilson) with the amended draft conditions to install obscured windows and gas
fireplace and direction to return to the Planning Commission for review of final
landscape plan. Motion seconded by Commissioner Lehman and carried the
following roll call: 4-0-0-1.

AYES: COMMISSIONERS: WENDT, LEHMAN, LEPAGE & GOODHUE

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

I. DIRECTORS REPORT

1. Update on Planning Activities

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 Marc Wiener, Planning Director provided the Commission with a brief City
Council update.

J. ADJOURNMENT

There being no further business, Chair Goodhue adjourned the meeting at 7:55 p.m.

The next meeting of the Planning Commission is scheduled:

Wednesday March 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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