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Planning Commission Meeting

Regular Meeting

Monterey, CA · September 23, 2014

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Minutes

MINUTES PLANNING COMMISSION Tuesday, September 23, 2014 4:00 pm - 5:30 pm 7:00 pm - 11:00 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: McCrone, Osorio (4:10 pm), Davis, Garden, Stocker, Reed Commissioners Absent: Widmar Staff Members Present: Principal Planner Kimberly Cole, Principal Planner Elizabeth Caraker, Traffic Engineer Rich Deal, Senior Associate Planner Christine Hopper CALL TO ORDER Chair McCrone called the meeting to order at 4:02 pm. CONSENT ITEMS On a motion by Commissioner McCrone, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 5 COMMISSIONERS: McCrone, Davis, Garden, Stocker, Reed NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Osorio, Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. August 12, 2014 ACTION: Approved as amended. Commissioner McCrone requested the following changes be made to the minutes: Chair McCrone said the prior Chairs and Vice Chairs did not rotate until November, and suggested postponing the rotation. Other Consent Items 2. Consider 414 Calle Principal; Application 14-257 for Outdoor Seating; Applicant Henry Ruhnke (Wald, Ruhnke and Dost Architects); Property Owner City of Monterey; Planned Community Downtown (PC-D); Exempt from CEQA Requirements and Consider 654 Cannery Row; Application 14-258 for Outdoor Seating; Applicant Patrick Ottone; Property Owner City of Monterey; Cannery Row (CR); Exempt from CEQA Requirements ACTION: Adopt a Resolution recommending the City Council approve Application Planning Commission Minutes Tuesday, September 23, 2014 14-257 for outdoor seating at 414 Calle Principal with Conditions of Approval and a Resolution recommending the City Council approve 14-258 for outdoor seating at 654 Cannery Row with the condition that the extra one table/two seats outside the main enclosure is removed. 3. Consider 343-345 Dela Vina; Use Permit 14-330 to Amend Permits 95-22, 95-27 and 96-36 to Modify the Number of Beds from 12 to 13 for Treatment Program and to Change Classification for Residential Care General (Social Rehabilitation Facility); Applicant Barbara Mitchell (Interim, Inc.) Owner Interim Inc. and Dela Vina Housing Inc.; R-3-15 Zoning District; Exempt from CEQA Requirements ACTION: Adopted a Resolution approving Use Permit 14-330 to Amend Permits 95-22, 95-27 and 96-36 to Modify the Number of Beds from 12 to 13 for Treatment Program and to Change Classification to Residential Care General (Social Rehabilitation Facility). ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING Commissioner Davis recused himself from item #4 4. Recommendation to Approve the FY 2013/14 Consolidated Annual Performance and Evaluation Report (CAPER) for Housing and Community Development Programs and Authorize Submission to the U.S. Department of Housing and Urban Development (HUD) (Not A Project) ACTION: Received a staff report on Housing and Community Development (HCD) activities and Conducted a Public Hearing to obtain public input on the attached Performance Report (CAPER) and adopted a Resolution approving The Fiscal Year 2013-2014 Consolidated Annual Performance And Evaluation Report (CAPER) For Housing and Community Development Programs and Authorized Submission To The U.S Department Of Housing And Urban Development (HUD). Staff Presentation/Commissioner Questions: Rick Marvin presented the Agenda Report and answered Commissioners' questions. Public Comment: None. Commissioner Comments: Commissioner Stocker made a motion to adopt a Resolution approving The Fiscal Year 2013-2014 Consolidated Annual Performance and Evaluation Report (CAPER) For Housing and Community Development Programs and Authorized Submission to the U.S Planning Commission 2 Meeting Minutes Tuesday, September 23, 2014 2 Planning Commission Minutes Tuesday, September 23, 2014 Department Of Housing And Urban Development (HUD). Commissioner Osorio seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission adopted a Resolution approving the Fiscal Year 2013-2014 Consolidated Annual Performance and Evaluation Report (CAPER) for Housing and Community Development Programs and Authorized Submission to The U.S Department Of Housing And Urban Development (HUD). Commissioner Osorio seconded the motion. AYES: 5 COMMISSIONERS: McCrone, Osorio, Garden, Stocker, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Widmar ABSTAIN: 1 COMMISSIONERS: Davis RECUSED: 0 COMMISSIONERS: None 5. Recommend City Council Consider #39 Wharf 1; Permit 14-243 for a 116 Square Foot Second-Story Storage Addition on the Bay Side of an Existing Structure; Applicants Chris Shake/Dennis Hodgin; Owner City of Monterey; Exempt from CEQA Requirements ACTION: Adopted a revised Resolution recommending City Council approve of Wharf Permit 14-232 for a 116 Square Foot Second-Story Storage Addition on the Bay Side of an Existing Structure at 39 Wharf 1. Staff Presentation/Commissioner Questions: Christine Hopper presented the Agenda Report and answered Commissioners’ questions. Ms. Hopper also shared newly submitted plans and recommended the Commission approve the newly drafted Resolution approving the project due to the applicants ability to redesign the addition to eliminate the blocked views of the adjacent building. Applicant: Dennis Hodgin, applicant, said the project will be an improvement to the building and proposes a parapet that will enclose some of the existing equipment on the roof. In response to Commissioner McCrone, Mr. Hodgin said he would agree to a Condition of Approval that limited the proposed addition to only allow storage. Public Comment: Dave Degall said the project, as recently submitted, clears all objections that the occupants of the adjacent building had with the prior proposal and said the character of the addition fits well with the adjacent properties. Commissioner Comments: Commissioner McCrone requested the Resolution be altered as follows: WHEREAS, the proposed storage addition is intended to support the operation of the restaurant fish market and will be used for the storage equipment.... Planning Commission 3 Meeting Minutes Tuesday, September 23, 2014 3 Planning Commission Minutes Tuesday, September 23, 2014 Commissioner Davis and Commissioner Reed said they support the project. Commissioner Garden made a motion to approve the revised Resolution recommending City Council approval of Wharf Permit 14-232 for a 116 Square Foot Second-Story Storage Addition on the Bay Side of an Existing Structure at 39 Wharf 1. Commissioner Osorio seconded the motion. On a motion by Commissioner Garden, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission adopted a Resolution Recommending City Council approval of Wharf Permit 14-232 for a 116 Square Foot Second-Story Storage Addition on the Bay Side of an Existing Structure at 39 Wharf 1. AYES: 6 COMMISSIONERS: McCrone, Osorio, Davis, Garden, Stocker, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 6. Consider 500 Martin Street (Old Monterey Inn); Application 14-229 to Amend Use Permit 78-38 to Allow a Reclassification from a Limited-Occupancy Visitor Accommodation Facility to a Hotel and Motel Use and Eliminating the Condition that the Owner Reside Onsite and to Permit the Addition of One Room to the Existing Facility with No Increase in Floor Area or Parking Requirements; Applicant Jeanne C. Byrne, Architect; Owner Lawrence Havlick; VAF-H2 Zoning District; Exempt from CEQA Requirements ACTION: Continued the item to the October 14, 2014 meeting with the following guidance to staff: Explore the flexibility to allow the owner to manage property and live off site; define "owner occupied”, explore the ability of the Planning Commission to limit number of units, explore the ability of the Planning Commission place deed restrictions on the property, and flesh out the Resolution to reflect the reasoning behind the decision made by the Planning Commission. Staff Presentation/Commissioner Questions: Christine Hopper presented the Agenda Report and answered Commissioners’ questions. Applicant: Jeanne Byrne, representing Lawrence Havlick, said the owner would like to move offsite to a larger living quarters to accommodate his family and he would like to maintain the bed and breakfast. Lawrence Havlick, owner, said his intent is to preserve the ambiance of a bed and breakfast and this alteration is merely to allow his family to move off site to a larger residence. He also addressed the neighborhoods concerns and said there is adequate parking, and alcohol and noise will not be an issue. In response to Commissioner Garden, Mr. Havlick said several inn keepers live less than Planning Commission 4 Meeting Minutes Tuesday, September 23, 2014 4 Planning Commission Minutes Tuesday, September 23, 2014 two miles from the site and could respond and service the inn quickly when necessary. In response to Commissioner Garden, Ms. Byrne said it would be costly and deteriorate the historic character of the building to adjoin two existing rooms to maintain the 10 room limit for a bed and breakfast. Public Comment: Ed Sturnburg, resident, expressed concern with an increase in parking on Fountain Avenue and the liquor license on the site. Gisela Shields, resident of 480 Martin Street, said she would prefer to see the living quarters expanded and said she is opposed to the reclassification of the site from a bed and breakfast to a hotel/motel. James Hicks, 801 Fountain, expressed concern with parking and he has no objection to the expansion to 11 rooms. He said the following Use Permit amendment should be implemented: allow an off site manager ,approve owner management unit rental, remove cooking facilities from unit 11 and restrict parking on fountain and other adjacent properties. He also requested the item be continued to allow the members of the neighborhood to meet and discuss the item. Cynthia Spellacy, representing her mother and adjacent property owner, said she is concerned with the construction that will occur if the owner unit is converted to a rentable room and the parking on Fountain Avenue. She also said the alteration of the designation will allow future expansion on the site. She also said it is not just the number of guests, its the guests, staff, delivery trucks, business and planning attractions, construction workers etc that visit the site. Clyde Roberson, representing residents adjacent to the Inn, said the 1978 Resolution encompassed a "promise" that the incorporation of a bed and breakfast would not alter the nature of the surrounding R-1 Neighborhood. He said a reclassification could produce an intensification of use. He said the lack of an owner residing on site makes it difficult to maintain the Condition of Approval that requires an employee respond within 30 minutes of a call. Mr. Roberson said they support the current operation and encouraged Staff to explore the possibility of an onsite manager. He requested the item be continued to explore alternatives. George Schroder said he has no objection to the reclassification of the property as long as it is not matched with an intensification of use. Ms. Byrne said she would perfer the property remain classified as a bed and breakfast. To address concerns raised about parking in the neighborhood, Mr. Halvick said there is a second parking lot behind the building, not visible from the street and Old Monterey Inn discourages on street parking. He said the site is monitored from 7 am to 8 pm. Commissioner Comments: In response to Commissioner McCrone, Ms. Hopper said the City Attorney determined no variances could be made for standards set forth in the City Charter. Commissioner Davis said visitor accommodation facilities do not require the business call themselves a hotel/motel. He said the Old Monterey Inn could still label their Planning Commission 5 Meeting Minutes Tuesday, September 23, 2014 5 Planning Commission Minutes Tuesday, September 23, 2014 business a bed and breakfast even if the site is zoned VAF. Commissioner Stocker said there is no collective memory and in 20 years no one will remember how this decision was reached. He said a deed restriction is necessary because although the current owner may want to maintain the peaceful nature of this R-1 neighborhood, a future owner may not. Commissioner Garden made a motion to continue the item to the October 14, 2014 meeting with the following guidance to staff: 1. Explore the flexibility to allow the owner to manage property and live off site 2. Define "owner occupied” 3. Explore the ability of the Planning Commission to limit number of units 4. Explore the ability of the Planning Commission place deed restrictions on the property. Commissioner Stocker seconded the motion. Commissioner Osorio questioned what type of deed restriction would be proposed. In response to Commissioner Osorio, Commissioner Stocker said the intent of the deed restriction would be to limit the numbers of rooms on the property not to exceed 11 rooms. Commissioner Osorio said the City Council would not have approved a hotel and the Planning Commision should not approved a hotel in this area. Commissioner Osorio said he will likely not support this change. Commissioner Reed said a Use Permit is similar to a deed restriction. He said he would like additional findings in the Resolution that reflect why the Commission made the decision they did. He requested Commissioner Garden amend his motion to include: 5. Flesh out the Resolution to reflect the reasoning behind the decision made by the Planning Commission The motion maker and the seconder accepted the amendment to the motion. Commissioner McCrone said he would not support any motion to reclassify this property as a hotel/motel. He said he is concerned about the future use of this property. On a motion by Commissioner Garden, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission continued the item to the . October 14, 2014 meeting with the following guidance to staff: Explore the flexibility to allow the owner to manage property and live off site, define "owner occupied, explore the ability of the Planning Commission to limit number of units, explore the ability of the Planning Commission place deed restrictions on the property, and flesh out the Resolution to reflect the reasoning behind the decision made by the Planning Commission. Planning Commission 6 Meeting Minutes Tuesday, September 23, 2014 6 Planning Commission Minutes Tuesday, September 23, 2014 AYES: 6 COMMISSIONERS: McCrone, Osorio, Davis, Garden, Stocker, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None The afternoon session adjourned at 6:02 pm. Chair McCrone called the evening session to order at 7:04 pm. CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING 7. Receive Report on the Waterfront Master Plan and 2014 Parking Data Analysis and Consider Providing Direction to Staff ACTION: Continued the item to the October 14, 2014 Planning Commission meeting as a Study Session item. Staff Presentation/Commissioner Questions: Elizabeth Caraker and Brian Canepa presented the Agenda Report and answered Commissioners' questions. Public Comment: Patrick Tragenza, business owner in Downtown Monterey, said he owns a private parking lot with 10 spaces and it is at full capacity. He said it is not viable to contract out private parking lots as they are already at capacity. He said this consideration should be taken off the table. Merry Alice Fettis, business owner on Fisherman's Wharf, said numerous bussiness owners on the Wharf have paid for Henry Ruhnke from WRD to create an alternative parking plan. Ms. Fettis said the Custom House garages will accommodate the downtown activity. Henry Ruhnke, WRD, said he worked with businesses on the Wharf to devise parking alternatives. The business owners were looking to make the area more efficient. He said the proposal they devised reconfigures the Waterfront lot to be more accommodating. He said the business owners also expressed interest in booth like parking, roundabouts to tie into other extensions and the downtown area areas and a desire to maintain the entrance on Washington Street. He said the business owners also expressed interest in increasing green space. He said loosing parking is not viable. Sam Tiel, chairman of Monterey County Hospitality Association, said parking spaces Planning Commission 7 Meeting Minutes Tuesday, September 23, 2014 7 Planning Commission Minutes Tuesday, September 23, 2014 represent costumers and the reduction of spaces will decrease business. He encouraged the Commission to continue to work on a plan that eliminates fewer parking spaces. Sam Rashkan, economic development consultant, said the convenient parking is directly related to business success and it is vital to maximize parking use to incentivize locals to frequent the Waterfront. He encouraged the Commission to explore additional alternatives before deciding to remove additional parking spaces. Commissioner Comments: In response to Commissioner Reed's question, Mr. Canepa said the current parking supply is adequate for the current demand. He said if 300-400 spots were removed without implementing the recommended parking strategies there would not be adequate parking. He said he does not foresee a significant increase in parking demand. Commissioner Garden said the Community Meetings revealed that the community would like to utilize the Waterfront area for something other than parking. He said they must continue to progress on the environmental report and proceed with parking standards that will appropriately incorporate the vision of the Waterfront Master Plan. Commissioner McCrone said alternative two is not feasible. He said even at peak hour there are a surplus of spaces. He said the plan is intended for the residents of the City of Monterey, not customers or merchants. He said the Waterfront Master Plan’s aim is also to allow citizens to enjoy this area more and to integrate the downtown and the waterfront areas. He made a motion to have staff proceed with the environmental analysis. Commissioner Garden seconded the motion. Commissioner Osorio said he agreed with Commissioner McCrone's comments and said the site plan, as is, is not adequate. He said, even though there is an excess of parking, they must be weary when eliminating parking space so a parking nightmare is not created. He suggested staff look at eliminating approximately 150 parking spaces. He said the area between the Harbor Master Office and the Custom House Plaza is the area that needs to be beautified. He said the vehicular bridge is unnecessary and the Scott Street extension must be removed from the plan. Commissioner Osorio recommended that staff explore a different alternative that reduces fewer parking spaces and makes the plan more viable and palatable for all. Commissioner Stocker said he supports the progression of the environmental analysis. He said he agrees with Commissioner Osorio's comments and said although he would prefer to see no parking in the Waterfront Area, a plan that eliminates 300 parking spaces will not gain the needed support for adoption. Commissioner Davis said he agrees with Commissioner Osorio and he cannot support moving forward on the environmental review. He said he would need an alternative that is more realistic to be analyzed. Commissioner Reed said the area is virtualy the same thing that exists today with Planning Commission 8 Meeting Minutes Tuesday, September 23, 2014 8 Planning Commission Minutes Tuesday, September 23, 2014 an additional 300 spaces removed. He said the mention of light rail should be removed and said he cannot support the motion. Commissioner McCrone made a motion to adopt alternative one and have staff proceed preparing the environmental document. Commissioner Garden seconded the motion On a motion by Commissioner McCrone seconded by Commissioner Garden, and failed by the following vote, the Planning Commission voted whether to adopt alternative one and have staff proceed preparing the environmental document. AYES: 3 COMMISSIONERS: McCrone, Garden, Stocker NOES: 3 COMMISSIONERS: Davis, Osorio, Reed ABSENT: 1 COMMISSIONERS: Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None The motion failed. Commissioner Osorio made a motion to have staff revise the site plan to reflect the removal of approximately 150 parking spaces, removes the Tyler Street bridge and Scott Street connection and this new alternative be analyzed is the project analyzed in the Environmental Impact Report (EIR). Commissioner Davis said he supports the Tyler Street bridge. The motion failed due to the lack of a second. Commissioner Garden said the plan as drafted is based on Community input and cannot be ignored. Ms. Cole suggested the Planning Commission continue the item and have the opportunity to explore alternatives. Commissioner Stocker made a motion to continue the item to the October 14, 2014 Planning Commission meeting as a Study Session item. Commissioner Davis seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission voted to continue the item to the October 14, 2014 Planning Commission meeting as a Study Session item. AYES: 6 COMMISSIONERS: McCrone, Osorio, Davis, Garden, Stocker, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission 9 Meeting Minutes Tuesday, September 23, 2014 9 Planning Commission Minutes Tuesday, September 23, 2014 8. Consider 1230 First Street; AR Application 14-190 for Staff's Determination That the Proposed Building Modifications Qualify as Demolition; Applicant Mark Abrahams; Owner Napa Asset Mangement Services, LLC.;R-3-6 Zoning District; Exempt from CEQA Requirements ACTION: Determined that the proposed building modifications do not qualify as a demolition. Staff Presentation/Commissioner Questions: Kimberly Cole presented the Agenda Report and answered Commissioners' questions. Applicant: Mark Abrahams, owner, said if the structure was demolished and rebuilt to today’s standards, it would be the same house moved three feet to the left. He said the interior walls are required by code to meet Title 24 insulation standards and the intent is to marry the two walls and create one structure to meet the Building Code. Jeff Killpatrick, architect, said the layout of the building made it easier to restructure the frame of the floor and said he disagrees with the staffs interpretation. He said the provisions may not be applicable to all buildings in all instances and there should be some allowable exceptions. Public Comment: None. Commissioner Comments: Commissioner Stocker said he agrees with staff's interpretation. Commissioner Davis said this project classifies as a demolition but there are issues with the Demolition Ordinance. Commissioner McCrone said a strict adherence to the ordinance would meet the intent of the policy. Commissioner McCrone made a motion to determine the proposed building modifications do not qualify as a demolition. . Commissioner Davis seconded the motion. Commissioner Garden said the project clearly falls under the definition of a demolition. Commissioner Reed said he supports the motion. On a motion by Commissioner McCrone, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission interpret this project as not a demolition. AYES: 4 COMMISSIONERS: McCrone, Osorio, Davis, Reed NOES: 2 COMMISSIONERS: Garden, Stocker ABSENT: 1 COMMISSIONERS: Widmar Planning Commission 10 Meeting Minutes Tuesday, September 23, 2014 10 Planning Commission Minutes Tuesday, September 23, 2014 ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Commissioner Stocker recused himself from item #9 9. Consider 1085 West Franklin Street; Use Permit 14-323 to Create a Guest House Below the Existing Garage and Variance Permit 14-323 to Waive the Guest House Parking Space Requirement; Applicant Cynthia Spellacy (Stocker & Allaire, Inc.); Owner Tom Minnich; R-1-6 Zoning District; Exempt from CEQA Requirements ACTION: Adopted a Resolution approving Variance Permit 14-322 to waive the guest house parking space with amended Conditions of Approval and Use Permit 14-337 to create a guest house below the existing garage with added Conditions of Approval. Staff Presentation/Commissioner Questions: Kimberly Cole presented the Agenda Report and answered Commissioners' questions. Applicant: Tom Minnich, owner, said the big issue seems to be Cedar street parking. He said if it became a sincere problem he would be willing to withdraw his application. In response to Commissioner Osorio, Mr. Minnich said he would likely withdraw his application is he was required to build a parking space. Public Comment: Charles Kimzey, on behalf of the Kingsleys, said they do not support the proposed project and feel it would further exaggerate the parking issues on Cedar Street. He said they request the Variance be denied and the right-of-way be restored. Patrick Tragenza, resident, said the intent is to allow a private guest room for visitors. He said he supports the project. Commissioner Comments: Commissioner Davis said there is already a parking space on the property and he does not see the point of a requiring and additional one in the public right of way. Commissioner Osorio said he does not support the requirement of an additional parking spot. Commissioner McCrone said the findings in the resolution do not support the variance because unique site characteristics do not apply. Commissioner McCrone made a motion to adopt a Resolution denying Variance Permit 14-322 to Waive the Guest House Parking Space and Use Permit 14-337 to create a guest house below the existing garage. Commissioner Osorio seconded the motion. Commission Reed said this is unique area and scenario and said he cannot support the Planning Commission 11 Meeting Minutes Tuesday, September 23, 2014 11 Planning Commission Minutes Tuesday, September 23, 2014 motion. Commissioner Davis concurred. Commissioner Garden said he is concerned about the public right of way. On a motion by Commissioner Garden, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission made a motion to adopt a Resolution denying Variance Permit 14-322 to waive the guest house parking space and Use Permit 14-337 to create a guest house below the existing garage. AYES: 2 COMMISSIONERS: McCrone, Osorio NOES: 3 COMMISSIONERS: Garden, Davis, Reed ABSENT: 1 COMMISSIONERS: Widmar ABSTAIN: 1 COMMISSIONERS: Stocker RECUSED: 0 COMMISSIONERS: None The motion failed. Commissioner Reed made a motion to adopt a Resolution approving Variance Permit 14-322 to waive the Guest House Parking Space and Use Permit 14-337 to Create a Guest House Below the Existing Garage with the following amendments: Conditions of Approval Special: 7. The applicant shall submit plans to remove landscaping in the public right of way to create at least one, 9’x20’ parking space for City approval. The existing oak trees shall be preserved and protected. Commissioner Davis seconded the motion. Commissioner Osorio said he does not support the motion because a special privilege already exists by allowing a public street to be used for private benefit and approving a Variance would perpetuate that. Commissioner McCrone said he will not support the motion because it allows a special privilege. On a motion by Commissioner Reed, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission made a motion to adopt a Resolution approving Variance Permit 14-322 to waive the guest house parking space and Use Permit 14-337 to create a guest house below the existing garage with amended of Conditions of Approval. AYES: 3 COMMISSIONERS: Davis, Reed, Garden NOES: 2 COMMISSIONERS: McCrone, Osorio ABSENT: 1 COMMISSIONERS: Widmar ABSTAIN: 1 COMMISSIONERS: Stocker RECUSED: 0 COMMISSIONERS: None Planning Commission 12 Meeting Minutes Tuesday, September 23, 2014 12 Planning Commission Minutes Tuesday, September 23, 2014 Commissioner Reed Made A Motion To Adopt a Resolution Approving Use Permit 14-323 to create a guest house below the existing garage at 1085 West Franklin with added Conditions of Approval. Special Condition 1. The lots are not required to be merged at this time. Commissioner Davis seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission made a motion to adopt a Resolution Approving Use Permit 14-323 to create a guest house below the existing garage at 1085 West Franklin with added Conditions of Approval. AYES: 5 COMMISSIONERS: Davis, Reed, Garden, McCrone, Osorio NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Widmar ABSTAIN: 1 COMMISSIONERS: Stocker RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Garden said the Lighthouse Specific Plan Subcommittee is continuing to meet and will soon review the draft document. INFORMATIONAL REPORTS & STAFF COMMENTS 10. Planning Office Update  Report received.  Commissioner Osorio said the Massage Ordinance should be discussed further ADJOURNMENT The meeting adjourned at 10:45 pm. Planning Commission 13 Meeting Minutes Tuesday, September 23, 2014 13 Planning Commission Minutes Tuesday, September 23, 2014 Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission 14 Meeting Minutes Tuesday, September 23, 2014 14

Agenda

Planning Commission Agenda Commissioners Willard McCrone, Chair Regular Meeting Luis Osorio, Vice Chair Paul W. Davis Tuesday, September 23, 2014 Leon Garden Hansen Reed 580 Pacific Street David Stocker 4:00 pm - 5:30 pm Ralph Widmar Council Chambers 7:00 pm - 11:00 pm Monterey, California FIELD TRIP The Planning Commission will conduct a field trip Monday, September 22, 2014 to review the Tuesday, September 23, 2014 Planning Commission Agenda. For information call (831) 646-3885. Date Posted: September 19, 2014 ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER CONSENT ITEMS CONSENT ITEMS allow for a review of those items recommended for approval on consent or recommended to be continued, tabled or withdrawn, etc. Consent items consist of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Commissioner may request that an item recommended for approval on consent be heard on the regular agenda for further discussion. Approval of Minutes 1. August 12, 2014 ***End of Consent Agenda*** Other Consent Items 2. Consider 414 Calle Principal; Application 14-257 for Outdoor Seating; Applicant Henry Ruhnke (Wald, Ruhnke and Dost Architects); Property Owner City of Monterey; Planned Community Downtown (PC-D); Exempt from CEQA Requirements and Consider 654 Cannery Row; Application 14-258 for Outdoor Seating; Applicant Patrick Ottone; Property Owner City of Monterey; Cannery Row (CR); Exempt from CEQA Requirements 3. Consider 343-345 Dela Vina; Use Permit 14-330 to Amend Permits 95-22, 95-27 and 96-36 to Modify the Number of Beds from 12 to 13 for Treatment Program and to Change Classification for Residential Care General (Social Rehabilitation Facility); Applicant Barbara Mitchell (Interim, Inc.) Owner Interim Inc. and Dela Vina Housing Inc.; R-3-15 Zoning District; Exempt from CEQA Requirements PUBLIC COMMENTS PUBLIC COMMENTS. At this time, the public may speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey Planning Commission and which is not on the agenda. Any person or group desiring to bring an item to the attention of the Commission may do so during Public Comments or by addressing a letter of explanation to the Commission, City Hall, Monterey, CA 93940. Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are required by law for certain actions. You are welcome to offer your comments after being recognized by the Chair. The Chair may limit the time allocated to each speaker. Project representation is encouraged. 4. Recommendation to Approve the FY 2013/14 Consolidated Annual Performance and Evaluation Report (CAPER) for Housing and Community Development Programs and Authorize Submission to the U.S. Department of Housing and Urban Development (HUD) (Not A Project) 5. Recommend City Council Consider #39 Wharf 1; Permit 14-243 for a 116 Square Foot Second-Story Storage Addition on the Bay Side of an Existing Structure; Applicants Chris Shake/Dennis Hodgin; Owner City of Monterey; Exempt from CEQA Requirements 6. Consider 500 Martin Street (Old Monterey Inn); Application 14-229 to Amend Use Permit 78-38 to Allow a Reclassification from a Limited-Occupancy Visitor Accommodation Facility to a Hotel and Motel Use and Eliminating the Condition that the Owner Reside Onsite and to Permit the Addition of One Room to the Existing Facility with No Increase in Floor Area or Parking Requirements; Applicant Jeanne C. Byrne, Architect; Owner Lawrence Havlick; VAF-H2 Zoning District; Exempt from CEQA Requirements RECESS 5:30 p.m. RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m. CONTINUED PUBLIC COMMENTS CONTINUED PUBLIC COMMENTS. At this time, the public may speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey Planning Commission and which is not on the agenda. Any person or group desiring to bring an item to the attention of the Commission may do so during Public Comments or by addressing a letter of explanation to the Commission, City Hall, Monterey, CA 93940. Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are required by law for certain actions. You are welcome to offer your comments after being recognized by the Chair. The Chair may limit the time allocated to each speaker. Project representation is encouraged. 7. Receive Report on the Waterfront Master Plan and 2014 Parking Data Analysis and Consider Providing Direction to Staff 8. Consider 1230 First Street; AR Application 14-190 for Staff's Determination That the Proposed Building Modifications Qualify as Demolition; Applicant Mark Abrahams; Owner Napa Asset Mangement Services, LLC.;R-3-6 Zoning District; Exempt from CEQA Requirements Planning Commission Tuesday, September 23, 2014 2 9. Consider 1085 West Franklin Street; Use Permit 14-323 to Create a Guest House Below the Existing Garage and Variance Permit 14-323 to Waive the Guest House Parking Space Requirement; Applicant Cynthia Spellacy (Stocker & Allaire, Inc.); Owner Tom Minnich; R-1-6 Zoning District; Exempt from CEQA Requirements COMMISSIONERS COMMENTS COMMISSIONERS may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, a Commissioner may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda. (G.C. 54954.2) INFORMATIONAL REPORTS & STAFF COMMENTS INFORMATIONAL REPORTS & STAFF COMMENTS supply information on activities or announcements and may request clarification or direction regarding the scheduling of meetings and study sessions. 10. Planning Office Update ADJOURNMENT ADJOURNMENT — The general policy of the Planning Commission is that the Afternoon Session will end no later than 5:30 p.m. and the Evening Session will end no later than 11:00 p.m. Any public agenda items that have not been completed within the designated adjournment time may be formally extended by the Commission, or continued to the next regularly scheduled Planning Commission Meeting, or continued to a Special Meeting. Agenda packets may be reviewed by the public in the Monterey Public Library, in the Planning Office, or on the web at http://www.monterey.org beginning late Friday afternoon prior to the date of the meeting. Members of the public have the right to address the Commission on any Agenda items. The Chair will formally open the floor for public comment. However, if you wish to speak to items during "Consent Agenda" or "Staff Informational Report," please advise the staff or the Chair prior to the action on that item and you will be recognized. Notification as much in advance as possible is appreciated. Information distributed to the Commission at the meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided to the Secretary for this purpose. Planning Commission decisions may be appealed within ten (10) days from the date of the decision on forms available in the Planning Division during business hours. When the tenth day falls on a weekend or a holiday, the appeal deadline date is the next working day following the holiday or weekend. An appeal fee will apply. For more agenda information, call the Planning Office at 831/646-3885. Planning Commission Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: 646-3799 FAX: 646-3793 Email: suggest@ci.monterey.ca.us WebPage: http://www.monterey.org The City of Monterey is committed to include the disabled in all of its services, programs and activities. For disabled access to the City, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish- language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646- Planning Commission Tuesday, September 23, 2014 3 3935 to coordinate use of a device or for information on an agenda. UPCOMING MEETINGS AT CITY HALL Sep 24 Oversight Board Meeting, Council Chamber - 7:00 PM Sep 24 Library Board Meeting, Library Community Room - 5:00 PM Sep 24 Council Study Session, Council Chamber - 4:00 PM Sep 25 MP Regional Water Authority Meeting, TBD - 7:00 PM Oct 1 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Oct 2 Zoning Administrator Meeting, Council Chamber - 4:00 pm Oct 6 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Oct 7 Council Regular Meeting, Council Chamber - 4:00 PM Oct 9 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Oct 9 MP Regional Water Authority Meeting, TBD - 7:00 PM Oct 14 Planning Commission Meeting, Council Chamber - 4:00 pm Oct 15 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Oct 16 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Oct 16 Zoning Administrator Meeting, Council Chamber - 4:00 pm Oct 20 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Oct 21 Council Regular Meeting, Council Chamber - 4:00 PM Oct 22 Library Board Meeting, Library Community Room - 5:00 PM Oct 22 Oversight Board Meeting, Council Chamber - 7:00 PM Oct 23 MP Regional Water Authority Meeting, TBD - 7:00 PM Oct 27 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm MORE INFORMATION IS AVAILABLE BY CALLING 646-3885 Planning Commission Tuesday, September 23, 2014 4

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