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Planning Commission Meeting

Regular Meeting

Monterey, CA · June 14, 2016

AgendaMinutesPacket

Minutes

MINUTES PLANNING COMMISSION Tuesday, June 14, 2016 4:00 pm AFTERNOON SESSION ONLY 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Reed, Fletcher, Dawson, Garden, Millich, Widmar Commissioners Absent: Davis Staff Members Present: Chief of Planning Engineering & Environmental Compliance Cole, Principal Planner Caraker, Senior Planner Hopper, Traffic Engineer Deal, Recording Secretary Leinen CALL TO ORDER Chair Reed called the meeting to order at 4:00 p.m. CONSENT ITEMS Commissioner Dawson made a motion to approve the Consent Items. Vice Chair Fletcher seconded the motion. On a motion by Commissioner Dawson, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 6 COMMISSIONERS: Reed, Fletcher, Dawson, Garden, Millich, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. May 24, 2016 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. Consider 501 Eldorado Street; Variance 16-221 to Increase Height of a Legal Nonconforming Building from 35 feet to 35'-8" in a Zoning District Where the Allowed Height of Buildings is 25 feet; Applicant Paul E. Davis, Architect; Property Owner First Presbyterian Church Monterey; R-1-10-D1 Zoning District; Exempt from CEQA Requirements per Article 19, Section 15301 ACTION: Adopted a Resolution approving Variance 16-221 with the following findings Planning Commission Minutes Tuesday, June 14, 2016 for approval: Approval of the variance will: allow for the interior and exterior integrity of a potentially historic building to be retained; not cause any visual impact, blocked views, or be detrimental to any adjoining or neighboring properties in the vicinity; and be environmentally beneficial due to increased insulation resulting in the reduction of the use of heating and cooling systems. Staff Presentation/Commissioner Questions Christy Hopper presented the Agenda Report and answered Commissioners’ questions. Applicant Paul E. Davis, project architect, said the proposed roof height addition is necessary to install insulation to accommodate the proper temperature range for a new state of the art pipe organ. Mr. Davis also said the proposal to put a new roof over the existing roof with added insulation, air movement controls, and cool roof shingles is the least impactful and most environmentally sensitive option. In response to the Vice Chair Fletcher’s question, Mr. Davis said the Zoning Ordinance allows for a height variation for green, planted roofs, but said a green roof would be less environmentally friendly and is not viable due to the roof’s slope. In response to Commissioner Garden’s question, Mr. Davis said the building is historically significant because its architect, Wallace Holm, designed many significant buildings and because of its unique setting. Mr. Davis also said that the variance is a very reasonable request. Public Comments Walt Prowell, project coordinator and building owner, said a green, planted roof is exempt from building height requirements, but would come at huge engineering and building costs, and would add an additional 32-36 inches in height. Mr. Prowell also said that green roofs are not recommended for coastal areas, and that the proposed cool roof is the most effective option for energy conservation, aesthetics, and acoustics. Commissioner Comments Commissioner Garden said there do not appear to be any other viable options for installing the pipe organ and that the finding could be made that granting the variance allows for the integrity of a historically significant building to be maintained. He also said the rest of the required findings have been met in that there is no detriment to any adjoining properties, and there is nothing to indicate that this would be a condition that would affect any of the neighboring properties in the vicinity. Commissioner Widmar concurred with Commissioner Garden and said there are no potential visual impacts, there is not a conflict with the neighbors, and there will be no blocked views. He also said an additional finding could be made that the insulation is environmentally beneficial in both hot and cold weather, and will lead to less carbon dioxide being released into the environment. Commissioner Widmar said that preserving both the exterior and the interior of the building is important because the architect is significant and the building may be historic. He said there is plenty of factual data that can be applied to satisfy the state of California. Commissioner Widmar made a motion to adopt a resolution approving Variance 16-221 with the following findings for approval: Approval of the Variance will: 1. Allow for the interior and exterior integrity of a potentially historic building to be Planning Commission Meeting Minutes Tuesday, June 14, 2016 2 Planning Commission Minutes Tuesday, June 14, 2016 retained; 2. Not cause any visual impact, blocked views, or be detrimental to any adjoining or neighboring properties in the vicinity; and, 3. Be environmentally beneficial due to increased insulation resulting in the reduction of the use of heating and cooling systems. Commissioner Garden seconded the motion. Under discussion, Commissioner Dawson said he was surprised staff recommended denial and that he supports the motion. Vice Chair Fletcher also said he supports the motion. On a motion by Commissioner Widmar, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission adopted a Resolution approving Variance 16-221 with the following findings for approval: Approval of the variance will: allow for the interior and exterior integrity of a potentially historic building to be retained; not cause any visual impact, blocked views, or be detrimental to any adjoining or neighboring properties in the vicinity; and be environmentally beneficial due to increased insulation resulting in the reduction of the use of heating and cooling systems: AYES: 6 COMMISSIONERS: Reed, Fletcher, Dawson, Garden, Millich, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Consider 625 Cannery Row; Use Permit 16-076 for a Cultural Institution, Building Height that Exceeds 35 Feet (45 Feet Proposed), Development to Zero Lot Line at Hoffman Avenue, and Parking Adjustment of Five Commercial Parking Spaces; Applicant Stephen Lyon; Property Owner Mark Ambers for the Monterey Bay Aquarium; C-R Zoning District; Exempt from CEQA Requirements per Article 19, Section 15332 ACTION: Adopted resolutions adopting a finding of no additional review and directing staff to file a Notice of Determination; and approving Use Permit 16-076 for a Cultural Institution, building height that exceeds 35 feet (45 proposed), development to zero lot line at Hoffman Avenue, and parking adjustment of five commercial parking spaces with Conditions of Approval and added Special Condition of Approval. Staff Presentation/Commissioner Questions Ms. Hopper gave an overview of the project and introduced project manager and applicant, Stephen Lyon of the Monterey Bay Aquarium and Rita Bell, Director of the Monterey Bay Aquarium Education Department. Ms. Bell gave a presentation on the Aquarium’s plans for the proposed Center for Ocean Education and Leadership. She detailed the Aquarium’s commitment to K-12 education and provided statistics regarding the numbers of school groups visiting the Aquarium. Ms. Bell said the Aquarium also provides professional development for teachers and leadership opportunities for teenagers. She said the Aquarium is excited for the new opportunities the Center will afford the community and hopes the new Center will be a source of pride for the City of Monterey. Planning Commission Meeting Minutes Tuesday, June 14, 2016 3 Planning Commission Minutes Tuesday, June 14, 2016 Mr. Lyon gave an overview of the progress of the project and a history of the project site. He also detailed the layout and uses of the proposed building and said the building will not exceed the height or outline of the existing building. Mr. Lyon said the 10 foot setback on Hoffman Avenue will open up the view to the ocean, and he described how the Cannery Row Design Guidelines are incorporated into the proposed building. He also said the building will provide a more meaningful experience without a significant increase in visiting students or employees. Mr. Lyon said 73 percent of staff who will work in the proposed building use alternative transportation and that further work will be done to refine a bus study that works for all stakeholders. Mr. Lyon answered Commissioners’ questions regarding setbacks, building height, transparency of the building corner, building operation times, solar panels, parking, and bus drop-offs. Traffic Engineer Rich Deal clarified that various dedicated bus spaces in the area revert to regular automobile parking in the evening hours. Ms. Hopper provided staff’s analysis of the project and recommendation, and discussed letters received from interested parties. Public Comments Ben Bence said he was born and raised in Monterey and frequently visited the Aquarium. Mr. Bence said as a junior in high school he joined the Teen Conservation Leader Program at the Aquarium and served as a mentor for students. He said through the program he gained skills and experience, was given life-changing opportunities, and became conservation and community oriented. Mr. Bence said he hopes the project is approved so more students can grow up to be scientists and conservationists. Angel Burr, Monterey County resident, said when she was young she visited the Aquarium and it opened up a new world for her. Ms. Burr said in her junior year of high school she realized that she wanted to teach about conservation of the ocean and hopes to work at the Aquarium as part of their education staff. She also detailed her volunteer and mentoring experience and said she hopes the project is approved so more students can grow up to be scientists and conservationists. Ana Munoz said she received the Distinguished Teaching Award from the Aquarium. She also said when taking her special needs students to the Aquarium it can be difficult for the students due to space confinements, crowds, and tourists. Ms. Munoz said the proposed Center for Ocean Education and Leadership would be beneficial for special needs students and their teachers. She also said if approved, the facility would make a huge difference in teaching conservation of the ocean. Laurie Hambaro said the project’s proposed use will be great, but she is concerned about the project’s zero lot line and how it affects pedestrians. She said future development on Cannery Row and the increasing number of patrons using the sidewalks should be taken into consideration. Patricia Domingo, New Monterey resident, said she was a volunteer for the Aquarium for 10 years and she appreciates the Aquarium having more educational facilities. Ms. Domingo said she is on the New Monterey Neighborhood Association (NMNA) Board and concerns have been expressed regarding the view cone, parking and in-lieu fees, having a school in a business district, and the proposed finding for no further environmental review. She also said she does not want a blanket approval for the project and does not support overwhelmingly large scale development. Planning Commission Meeting Minutes Tuesday, June 14, 2016 4 Planning Commission Minutes Tuesday, June 14, 2016 Lev Milaychev, New Monterey resident, complimented Mr. Lyon on his presentation and said he and his family love the Aquarium. He expressed concern regarding height of the proposed building, parking impacts, a lack convenient, safe, and accessible parking for busses, an increase in foot traffic, setbacks, and lack of exceptional design and historical features in the proposed building. Mr. Milaychev said he appreciates the public review process and hopes his concerns will be addressed. Valentina Milaychev, New Monterey resident and NMNA member, said she loves the Aquarium and supports the proposal for an education center. She expressed concern regarding a lack of required parking, busses parking in non-designated areas, and safety of children traveling between the Aquarium and the proposed education center. Ms. Milaychev said Barbara Meister of the Aquarium did a wonderful presentation at a NMNA meeting regarding alternative transportation and that she hopes the Planning Commission will approve the project, but address parking at a future date. Randy Venard, General Manager of Inns of Monterey, said he fully supports the project and design, but is concerned about Hoffman Avenue being closed for one to two years. He said it would create a significant hardship on his business and add additional congestion on Drake Avenue. Mr. Bernard asked that an alternative to closing Hoffman Avenue be examined. Frank Donangelo, Cannery Row Company, said his only concern is the closing of Hoffman Avenue because it is a very important street for valets, emergency vehicles, and refuse companies. Chair Reed offered applicant, Mr. Lyon, time for a rebuttal. Mr. Lyon clarified that the number of programs offered will double, however the number of children attending the programs will not double. He also said the proposed building will allow for staff-led programs as opposed to self-guided tours for the 80,000 children already visiting the Aquarium. Commissioner Comments In response to Commissioner Dawson’s question, Ms. Hopper confirmed that the proposed zero lot line set back on Hoffman Avenue is the same as the current set back. In response to Commissioner Millich’s question, Ms. Hopper said no part of the building will be on the recreation trail and that the existing width of the sidewalks will remain. Chair Reed said he likes the glass wall, but would like to add a stipulation that the glass will not be covered with artwork or posters that may block the view if a zero lot line is approved. Commissioner Widmar said the removal of the bridge between the two buildings will more than mitigate the issue of views, but he is okay with the condition proposed by Chair Reed. Commissioner Garden said it is important to preserve the pedestrian experience on Cannery Row and large glass windows with pictures and signs would not be acceptable in the proposed building. Commissioner Garden also said it is hard to imagine traffic, parking, and circulation improving until car use is lessened, and that the building is futuristic but still maintains the feeling of Cannery Row. Vice Chair Fletcher said he supports the project and the fact that it will replace a building with less impactful building and will support a use that currently exists. He also said he likes the proposed glass corner and removal of the bridge. Vice Chair Fletcher said the concrete frame and industrial style give the building a Cannery Row feel. Planning Commission Meeting Minutes Tuesday, June 14, 2016 5 Planning Commission Minutes Tuesday, June 14, 2016 Commissioner Garden made a motion to adopt resolutions adopting a finding of no additional review and directing staff to file a Notice of Determination; and approving Use Permit 16-076 for a Cultural Institution, building height that exceeds 35 feet (45 proposed), development to zero lot line at Hoffman Avenue, and parking adjustment of five commercial parking spaces with Conditions of Approval and added Special Condition of Approval as follows: 2. The glass wall along Hoffman Avenue shall permanently remain free of signs or other covering that would impair clear view through the building wall in order to maintain a visual setback and increased coastal view. Commissioner Millich seconded the motion. On a motion by Commissioner Garden, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission Adopted resolutions adopting a finding of no additional review and directing staff to file a Notice of Determination; and approving Use Permit 16-076 for a Cultural Institution, building height that exceeds 35 feet (45 proposed), development to zero lot line at Hoffman Avenue, and parking adjustment of five commercial parking spaces with Conditions of Approval and added Special Condition of Approval: AYES: 6 COMMISSIONERS: Reed, Fletcher, Dawson, Garden, Millich, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. Consider Monterey City Code Amendments to Sections 38-11, 38-15, 38-28, 38-29, 38- 30(B), 38-31, 38-32, 38-115, 38-138, and 38-139 to Require a Conditional Use Permit and Off-Street Parking for Massage Establishments; to Delete Water Efficient Landscaping Regulations and Defer Instead to Regional and State Regulations, and to Define and Regulate Temporary Structures (Exempt from CEQA per Article 19 Section 15305) ACTION: Continued to June 28, 2016. Commissioner Garden made a motion to continue the item to the June 28, 2016 Planning Commission Meeting as is the practice of the Planning Commission to end the afternoon session no later than 5:30 p.m. Commissioner Millich seconded the motion. On a motion by Commissioner Garden, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission continued the item to June 28, 2016: AYES: 5 COMMISSIONERS: Reed, Fletcher, Garden, Millich, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Davis, Dawson ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS In response to Commissioner Widmar’s question, Ms. Caraker said the Planning Commission can discuss timeframes for afternoon and evening sessions at the next meeting. Planning Commission Meeting Minutes Tuesday, June 14, 2016 6 Planning Commission Minutes Tuesday, June 14, 2016 Chair Reed and Commissioner Widmar said items such as the Aquarium project should be scheduled for a couple hours and occur during the evening session. Commissioner Garden said there is no policy allowing the afternoon session to be extended until 7:00 p.m. without the consideration of the Planning Commission. INFORMATIONAL REPORTS & STAFF COMMENTS 5. Planning Office Update  Update received. ADJOURNMENT There being no further business, the meeting adjourned at 6:13 p.m. Respectfully Submitted, Approved, Elizabeth Caraker, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, June 14, 2016 7

Agenda

Planning Commission Commissioners Agenda Hansen Reed, Chair Daniel Fletcher, Vice Chair AFTERNOON SESSION Paul W. Davis ONLY Mike Dawson Leon Garden Tuesday, June 14, 2016 Stephen Millich 580 Pacific Street Ralph Widmar Council Chambers 4:00 pm Monterey, California FIELD TRIP The Planning Commission will conduct a field trip Monday, June 13, 2016 to review the Tuesday, June 14, 2016 Planning Commission Agenda. The Planning Commission will depart from the field behind Colton Hall at 4:00 P.M. For more information please call (831) 646-3885. Date Posted: June 10, 2016 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. May 24, 2016 ***End of Consent Agenda*** 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. 2. Consider 501 Eldorado Street; Variance 16-221 to Increase Height of a Legal Nonconforming Building from 35 feet to 35'-8" in a Zoning District Where the Allowed Height of Buildings is 25 feet; Applicant Paul E. Davis, Architect; Property Owner First Presbyterian Church Monterey; R-1-10-D1 Zoning District; Exempt from CEQA Requirements per Article 19, Section 15301 3. Consider 625 Cannery Row; Use Permit 16-076 for a Cultural Institution, Building Height that Exceeds 35 Feet (45 Feet Proposed), Development to Zero Lot Line at Hoffman Avenue, and Parking Adjustment of Five Commercial Parking Spaces; Applicant Stephen Lyon; Property Owner Mark Ambers for the Monterey Bay Aquarium; C-R Zoning District; Exempt from CEQA Requirements per Article 19, Section 15332 4. Consider Monterey City Code Amendments to Sections 38-11, 38-15, 38-28, 38-29, 38-30(B), 38-31, 38-32, 38-115, 38-138, and 38-139 to Require a Conditional Use Permit and Off-Street Parking for Massage Establishments; to Delete Water Efficient Landscaping Regulations and Defer Instead to Regional and State Regulations, and to Define and Regulate Temporary Structures (Exempt from CEQA per Article 19 Section 15305) 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. 5. 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). Planning Commission Tuesday, June 14, 2016 2 CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: (831) 646-3799 FAX: (831) 646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646- 3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communication-related assistance, 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) 646-3935 to coordinate use of a device. UPCOMING MEETINGS AT CITY HALL Jun 15 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Jun 15 Council Subcommittee BCC, Council Chambers - 2:00 PM Jun 16 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Jun 16 Zoning Administrator Meeting Cancellation Notice, Council Chamber - 4:00 pm Jun 21 Council Regular Meeting, Council Chamber - 4:00 PM Jun 22 Oversight Board Meeting, Council Chamber - 7:00 PM Jun 22 Council Study Session, Council Chamber - 4:00 PM Jun 22 Library Board Meeting, Library Community Room - 5:00 PM Jun 22 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Jun 27 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Jun 28 Planning Commission Meeting, Council Chamber - 4:00 pm Jun 29 Council Study Session, Council Chamber - 4:00 PM Jun 30 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM Jul 5 Council Regular Meeting, Council Chamber - 4:00 PM Jul 6 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Jul 7 Zoning Administrator Meeting, Council Chamber - 4:00 pm Jul 12 Planning Commission Meeting, Council Chamber - 4:00 pm MORE INFORMATION IS AVAILABLE BY CALLING 646-3885 Planning Commission Tuesday, June 14, 2016 3

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