CITY OF CARMEL-BY-THE-SEA

PLANNING COMMISSION REGULAR MEETING MINUTES

December 14, 2016
A.

CALL TO ORDER AND ROLL CALL FOR TOUR OF INSPECTION

PRESENT:

Commissioners: Wendt, Lehman, LePage, Sharp and Goodhue

ABSENT:

NONE

STAFF PRESENT:

B.

Marc Wiener, Community Planning & Building Director

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

TOUR OF INSPECTION
The Commission convened at 1:45 p.m. and then toured the following sites:

C.

DS 16-239 (McLaughlin), First Ave., 2 SE of San Carlos; Blk: 11; Lot(s): E of 2 & 4
DS 16-383 (Bressler), Mission St., 2 SW of Alta Ave.; Blk: 4.5; Lot: 5
DS 16-397 (Carr), Torres St., 5 NE of 4th Ave.; Blk: 38; Lot: 10
UP 16-440/DS 16-387 (Mark), Mission St., 2 NE of 6th Ave.; Blk: 58; Lot: 12
DS 16-412 (Weigel), 25990 Junipero Ave.; Blk: 1; Lot(s): 20
DS 16-403 (Mussallem), S/W Corner of Casanova St. 7 10th Ave., Blk: K; Lot(s): 1 &3
DS 16-378 (Henkel), NE corner of Monte Verde & 9th Ave.: Blk: 94; Lot: 20

ROLL CALL
Chairman Goodhue called the meeting to order at 4:00 p.m.

D.

PLEDGE OF ALLEGIANCE
Members of the audience joined Commission Members in the Pledge of Allegiance.

E.

CHAIR/VICE CHAIR ELECTION

Commissioner Lehman moved to elect Commissioner Goodhue Chair of the Planning
Commission. Motion seconded by Commissioner LePage. Commissioner Goodhue
elected Chair of the Planning Commission with the following vote: 4-0-0-0.
Commissioner Lehman moved to elect Commissioner LePage as the Vice Chair of the
Planning Commission. Motion seconded by Commissioner Wendt. Commissioner
LePage elected Vice Chair of the Planning Commission with the following vote: 4-00-0.

F.

ANNOUCNCEMENTS/EXTRAORDINARY BUSINESS

G.

APPERANCES

H.

Chair Goodhue thanked former Planning Commissioner Ian Martin for his service
on the Planning Commission.
Planning Director, Marc Wiener announced Ashley Hobsons last day as a
Contract Planner for the City and thanked her for her service to the City.

Former Commissioner Ian Martin spoke briefly.

Barbara Livingston thanked the Commission for their continued efforts to address
lighting in the City.
Pat Van Kirk, a fulltime Carmel resident informed the Commission of an ongoing
neighbor dispute.
o Mr. Wiener informed the Commission the Planning Department is aware
of Ms. Van Kirks concerns and is assisting in addressing the issue.

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 November 9, 2016 Planning Commission Meeting.
4. DS 16-383 (Bressler)
Adam Jeselnick, Architect
Mission St., 2 SW of Alta Ave.
Blk: 4.5; Lot: 5
APN: 010-115-021

Consideration of a Combined Concept

and Final Design Study ( DS 16-383) for
alterations to an existing residence
located in the Single-Family Residential
(R-1) Zoning District

Commissioner LePage moved to accept Consent #1, draft minutes from the
November 9, 2016 meeting with date correction per Commissioner Wendt and
Consent Item #4 DS 16-383 (Bressler) with correction per Commissioner Wendt.
Commissioner Wendt seconded the motion and carried the following vote: 4-0-0-1.
AYES:
COMMISSIONERS: LEHMAN, LEPAGE, WENDT & GOODHUE
NOES:
COMMISSIONERS: NONE
ABSENT:
COMMISSIONERS: NONE
ABSTAIN:
COMMISSIONERS: SHARP
2. DS 16-403 (Mussallem)
Greg Mussallem

Consideration of the Final Design Study

(DS 16-403) and associated Coastal

S/W corner of Casanova St. & 10th

Blk: K; Lot(s): 1 & 3
APN: 010-272-017

Development Permit for the construction

of a new single-family residence on a
vacant lot located in the Single-Family
Residential (R-1) Zoning District

Consent Item #2 pulled for discussion by Commissioner LePage.

Commissioner LePage voiced concerns with tree protection in the front yard.
Speaker #1: Applicant, Greg Mussallem addressed Commissioner LePages concerns and
expressed a willingness to work with the City Forester to mitigate tree impacts and
maintain grade.
Commissioner LePage moved to approve DS 16-403 (Mussallem) as presented with
the added special condition the Applicant work with City staff and provide a
detailed tree/root protection plan that clearly indicates no grade change within the
patio wall. Commissioner Wendt seconded the motion and carried the following
vote: 5-0-0-0.
AYES:
NOES:
ABSENT:
ABSTAIN:

COMMISSIONERS: LEHMAN, LEPAGE, SHARP, WENDT &

GOODHUE
COMMISSIONERS: NONE
COMMISSIONERS: NONE
COMMISSIONERS: NONE

3. DS 16-239 (McLaughlin)
Brain Congleton, Architect
First Ave., 2 SE of San Carlos
Blk:11; Lot(s): 2 & 4
APN: 010-121-024

Consideration of a Combined Concept

and Final Design Study (DS 16-239) for
alterations to an existing residence
located in the Single-Family Residential
(R-1) Zoning District

Consent item #3 was pulled for discussion.

Speaker #1: Hongxia Liu, neighbor noted a lack of communication from the Applicant to
discuss privacy impacts.
Speaker #2: Applicant, Brian Congleton expressed a willingness to work with neighbor
and staff to address privacy concerns.
Commissioner Lehman moved to continue DS 16-239 (McLaughlin). Motion
seconded by Commissioner LePage and carried the following vote: 5-0-0-0.
AYES:
NOES:
ABSENT:
ABSTAIN:

COMMISSIONERS: LEHMAN, LEPAGE, WENDT, SHARP

GOODHUE
COMMISSIONERS: NONE
COMMISSIONERS: NONE
COMMISSIONERS: NONE

&

I.

PUBLIC HEARINGS
1. Carmel-by-the-Sea
Commercial (CC, SC, RC) Districts

Consideration of recommendation to the City

Council for an Ordinance amending
Municipal Code Sections 17.14, and 17.68 to:
1) Require a conditional use permit for certain
land uses, 2) Add new land use definitions, 3)
Add use permit voting requirements, and 4)
Add an allowance for authorizations of
temporary uses on private property

Marc Wiener, Community Planning Director presented staff report to the Commission.
Mr. Wiener answered questions from the Commission.
Chair Goodhue opened the public hearing.
Speaker #1: Barbara Livingston requested Mr. Wiener clarify if the language added to the
cosmetic store definition that will require all business activity be contained within the
boundaries of the store will apply to all retail and restaurants businesses as well.
Mr. Wiener noted the new language applies to all businesses.
Speaker #2: Ian Martin stated the City needs to address the Citys Code Compliance and
Enforcement policies and noted the Planning Commission has the authority to hold a
workshop and agendize a discussion to create Code Compliance and Enforcement
policies.
Chair Goodhue closed the public hearing.
The Commission held discussion.
Commissioner LePage moved to accept the draft version of the amendments to the
Municipal Code sections as recommended. Commissioner Lehman seconded the
motion and carried the following vote: 5-0-0-0.
AYES:
COMMISSIONERS: LEPAGE, WENDT, LEHMAN, SHARP &
GOODHUE
NOES:
COMMISSIONERS: NONE
ABSENT:
COMMISSIONERS: NONE
ABSTAIN:
COMMISSIONERS: NONE

2. Carmel-by-the-Sea
Commercial (CC, SC, RC) Districts

Consideration of recommendation 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 provided staff report. Mr. Wiener answered questions
from the Commission.
Speaker #1: Ian Martin, Restaurant subcommittee member expressed concern with the
types of businesses that may enter Carmel if the restaurant code amendment is adopted
and suggested the Commission explore alternative options.
Chair Goodhue opened the public hearing.
Speaker #2: David Fink, Restaurant subcommittee member spoke in favor of the
recommendations.
Speaker #3: Ken Spilfogel, Restaurant subcommittee member expressed the importance
of maintaining the quality of the community however noted the restaurant model is
changing.
Speaker #4: John Palastini, representative of the owners of the Doud Arcade noted
Carmel Belle, is a successful, legal non-conforming restaurant. Mr. Palastini expressed
support of the restaurant amendment and noted the amendment will bring Carmel Belle
into compliance.
Speaker #5: Dave Mosley, Restaurant subcommittee member noted the restaurant
changes are spurred by an increase of the minimum wage. Mr. Mosley spoke in favor of
Carmel Belle without the creation of a new restaurant category. Mr. Mosley suggested
the Commission limit the number and hours of operation for counter services restaurants
and limit counter service restaurants to the commercial district only.
Speaker #6: Barbara Livingston voiced concern with the proposed restaurant Code
amendment and noted the importance of the Service Commercial District as a buffer
between the Residential and Commercial Districts.
Speaker #7: Monta Potter from the Carmel Chamber of Commerce commended the
Restaurant subcommittee and Mr. Wiener for their efforts to update the Municipal Code.
Speaker #8: Jeff Baron commended Mr. Wiener for implementing controls within the
Code amendments
Speaker #9: Marie Zabbie-Johnston, Carmel resident spoke in favor of Carmel Belle and
noted the City is in need of restaurants to provide quick, affordable meals for tourists and
the workforce.
Speaker #10: Jonathan Saap noted counter service does not mean low quality.
Chair Goodhue closed the public hearing.
The Commission held discussion.

10

Commissioner LePage motioned to recommend to the City Council to consider

amendments to Municipal Code Sections 17.14 and 17.68 with a hardcap of three
counter service applications. Motion seconded by Commissioner Wendt and carried
the following vote: 4-1-0-0.
AYES:
NOES:
ABSENT:
ABSTAIN:

COMMISSIONERS: LEPAGE, WENDT, SHARP & GOODHUE

COMMISSIONERS: LEHMAN
COMMISSIONERS: NONE
COMMISSIONERS: NONE

3. DS 16-378 (Henkel)
Adam Jeselnick, Architect
NE Corner of Monte Verde & 9th
Block: 94, Lots: 20
APN: 010-193-009

Consideration of a Concept Design Study

(DS 16-378) and associated Coastal
Development Permit for the construction of a
new single-family residence located in the
Single-Family Residential (R-1) Zoning
District.

Marc Wiener, Planning Director presented staff report. Mr. Wiener noted the Planning
Department received several letters from concerned neighbors regarding view impacts.
Speaker #1: Adam Jeselnick, Project Architect summarized design changes
Speaker #2: Anthony Lombardo presented photographs of surrounding houses in
neighborhood. Mr. Lombardo was available to answered questions from the Commission.
Chair Goodhue opened the public hearing.
Speaker #3: Nancy Strom, neighbor to the north read letter to Commission and noted
main concern is the second storys proximity to her residence.
Speaker #4: Ms. Matlock, neighbor to the south informed the Commission of a meeting
with the Project Architect on site and noted objections to the second story and deck
placement due to potential privacy impacts.
Speaker #5: Pat Corrigan, neighbor to the east noted privacy impacts and suggested a
single story home with a low roof.
Speaker #6: Barbara Livingston voiced concerns with the second story elevations.
Speaker#7: Carl Iverson expressed concern with the project and cited the section from the
City Design Guidelines pertaining to mass and bulk of residences.
Speaker #8: David Hutchings, neighbor submitted letter to Commission and voiced
concerns with the mass and bulk, window placement and second story.
Speaker #9: Thomas Hood, local Architect discussed the challenges of designing a
residence on the last empty lot in a neighborhood and commended Mr. Jeselnick on his
design.

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Speaker #10: Charlotte Tolhurst, neighbor voiced privacy concerns.

Speaker #11: Sid Matlock, neighbor to the southeast on 9th Ave. expressed concern with
mass and bulk.
Speaker #12: Mr. and Mrs. Henkel, property Owners informed the Commission of their
efforts to appease as many neighbors as possible and noted several two story homes in
the neighborhood.
Speaker #13: Ian Martin spoke in favor of contemporary architectural style and diversity
in the neighborhood.
Chair Goodhue closed the public hearing.
The Commission held discussion. Commissioner LePage stated diversity is a part of the
community and noted the neighborhood is not a Historic District. Commissioner LePage
identified view impacts. Commissioner Lehman acknowledged the compromises made
by the Owners and Architect. Commissioner Lehman also noted the privacy impacts.
Commissioner Wendt also spoke in favor of the contemporary style and addressed
privacy impacts. Commissioner Sharp agreed with her fellow Commissioners. Chair
Goodhue spoke to equitable balance and fairness.
Commissioner Wendt moved to accept Concept Design (DS 16-378) with the
condition the Architect return to the Commission to evaluate design impacts to the
neighbors to the east. Motion seconded by Commissioner Sharp and carried the
following roll call vote: 5-0-0-0. Motion approved.
AYES:
NOES:
ABSENT:
ABSTAIN:

COMMISSIONERS: LEHMAN, LEPAGE, WENDT, SHARP

GOODHUE
COMMISSIONERS: NONE
COMMISSIONERS: NONE
COMMISSIONERS: NONE

4. DS 16-397 (Carr)
Bolton Design Group Inc.
Torres St., 5 NE of 4th Ave.
Blk: 38, Lot: E
APN: 010-103-012

&

Consideration of Final Design Study (DS

16-397) and Coastal Development Permit
for the construction of a new single-family
residence on a vacant lot located in the
Single-Family Residential (R-1) Zoning
District.

Commissioner Wendt recused.

Ashley Hobson, Contract Planner presented staff report.
Speaker #1: Applicant/Designer, Michael Bolton answered questions from the
Commission.
Chair Goodhue opened the public hearing.

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Speaker #2: Barbara Livingston recommended down lighting.

Chair Goodhue closed the public hearing.
Commissioner Sharp moved to approve DS 16-397 (Carr) with the condition the
applicant work with Staff to address lighting. Motion seconded by Commissioner
LePage and carried the following roll call vote: 4-0-0-1. Motion approved.
AYES:
NOES:
ABSENT:
ABSTAIN:

COMMISSIONERS: LEHMAN, SHARP, LEPAGE & GOODHUE

COMMISSIONERS: NONE
COMMISSIONERS: NONE
COMMISSIONERS: WENDT

5. DS 16-412 (Weigel)
Mackenzie Patterson
25990 Junipero Ave.
Blk: 1, Lot: 20
APN: 009-353-009

Consideration a Combined Concept and

Final Design Study (DS 16-412) and
associated Coastal Development Permit for
alterations to an existing residence located
in the Single-Family Residential (R-1)
Zoning District.

Commissioner Lehman recused.

Matthew Sundt, Contract Planner provided staff report. Mr. Sundt requested guidance
from the Commission in regards to the proposed asphalt in the right-of-way. Mr. Sundt
answered questions from the Commission.
Speaker #1: Applicant, Mackenzie Patterson was available to answer questions from the
Commission.
Chair Goodhue opened the public hearing.
Speaker #2: Barbara Livingston noted she is in favor of the staff report and recommended
the removal of the asphalt in the City right-of-way.
Speaker #3: Ralf Weigel, Applicant expressed traffic safety concerns in front of his
residence as the primarily reason for the additional asphalt.
Chair Goodhue closed the public hearing.
The Commission held discussion. Commissioner Wendt spoke in favor of the garage
placement, metal roof and wood chips. Commissioner LePage requested flat metal for the
roof and addressed the asphalt in the front of the residence. Commissioner LePage noted
the opportunity to bring the property into conformity and requested the applicant to
remove an additional 600 square feet of paving/asphalt to the north of the tree.
Commissioner LePage moved to accept Concept and Final Design Study DS 16-412
(Weigel) as presented with staff conditions and the condition the Applicant remove

13

an additional 200 square feet of site coverage. Motion seconded by Commissioner

Sharp and carried the following roll call: 4-0-0-1. Motion approved.
AYES:
NOES:
ABSENT:
ABSTAIN:

COMMISSIONERS: LEPAGE, WENDT, SHARP & GOODHUE

COMMISSIONERS: NONE
COMMISSIONERS: NONE
COMMISSIONERS: LEHMAN

6. UP 16-440/DS 16-387 (Mark)

Paul McEnroe
Mission Street, 2 NE of 6th Ave.
Blk: 58, Lot(s): 12
APN: 010-098-011

Consideration of Use Permit (UP 16-440) and the

associated Design Study (DS 16-387) applications
for the conversion of two existing office buildings
into a single family residence as well as an addition
to connect the two buildings. The project site is
located in the Service Commercial (SC) Zoning
District.

Catherine Tarone, Assistant Planner summarized the staff report and answered questions
from the Commission.
Speaker #1: Paul McEnroe, Applicant was available for questions from the Commission.
Chair Goodhue opened the public hearing.
Speaker #2: Barbara Livingston spoke in favor of project.
Seeing no other speakers the public hearing was closed.
The Commission held brief discussion.
Commissioner LePage moved to accept UP16-440/DS 16-387 (Mark) as presented.
Motion seconded by Commissioner Lehman and carried the following roll call: 5-00-0.
AYES:
NOES:
ABSENT:
ABSTAIN:

COMMISSIONERS: LEPAGE, WENDT, LEHMAN, SHARP &

GOODHUE
COMMISSIONERS: NONE
COMMISSIONERS: NONE
COMMISSIONERS: NONE

7. Carmel-by-the-Sea
Commercial Zoning District

Consideration of the replacement of an

existing bus shelter with a new bus shelter
(MP 16-490) located near the southeast
corner of Mission Street and Fifth Ave. on
the north side of Devendorf Park

Marc Wiener, Planning Director presented staff report and provided the Commission two
design options to consider. Mr. Wiener noted the City received funds to replace the bus
shelter from Monterey Salinas Transit.

14

Chair Goodhue opened the public hearing.

Speaker #1: Barbara Livingston suggested benches without arm rests.
Chair Goodhue closed the public hearing.
The Commission held discussion.
Commissioner LePage moved to accept bus shelter option #2 (Alameda) with glass
walls, bench with backrest and digital bus schedule in a dark brown color. Motion
seconded by Commissioner Lehman and carried the following roll call: 5-0-0-0.
AYES:
NOES:
ABSENT:
ABSTAIN:
J.

COMMISSIONERS: LEPAGE, WENDT, LEHMAN, SHARP &

GOODHUE
COMMISSIONERS: NONE
COMMISSIONERS: NONE
COMMISSIONERS: NONE

DIRECTORS REPORT
1. Update on Planning Activities
Planning Director, Marc Wiener provided brief summary of Planning Department
activity. Mt. Wiener informed the Commission of upcoming items to be heard by
City Council and Planning Department.

K.

ADJOURNMENT
There being no further business, Chair Goodhue adjourned the meeting at 9:30 p.m.
The next meeting of the Planning Commission is scheduled:
Wednesday January 11, 2017 at 4:00 p.m. Regular Meeting
SIGNED:
_____________________________________
Donald Goodhue, Planning Commission Chair

ATTEST:
_________________________________________
Cortina Whitmore, Planning Commission Secretary

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