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Planning Commission Meeting

Regular Meeting

Monterey, CA · September 13, 2016

AgendaMinutesPacket

Minutes

MINUTES PLANNING COMMISSION Tuesday, September 13, 2016 4:00 pm - 5:30 pm 7:00 pm - 11:00 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Fletcher, Millich, Davis, Dawson, Latasa, Reed, Widmar Commissioners Absent: None Staff Members Present: Chief of Planning, Engineering & Environmental Compliance Cole, Principal Planner Caraker, Senior Planner Hopper, Senior Associate Planner Bennett, Associate Planner Roveri, City Attorney Davi, Recording Secretary Leinen CALL TO ORDER Chair Fletcher called the meeting to order at 4:01 p.m. CONSENT ITEMS Approval of Minutes 1. August 23, 2016 ACTION: Approved as amended. Commissioner Millich requested that the phrase “…to improve the project” be corrected to “…to approve the project” in the seventh paragraph of page seven. Commissioner Latasa requested that the word “watching” be corrected to “watched” in the ninth paragraph of page two. Commissioner Widmar made a motion to approve the August 23, 2016 minutes as amended. Commissioner Dawson seconded the motion. Vice Chair Millich abstained from voting due to his absence from the August 23, 2016 meeting. On a motion by Commissioner Widmar, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission approved the August 23, 2016 minutes as amended: AYES: 6 COMMISSIONERS: Fletcher, Davis, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Millich RECUSED: 0 COMMISSIONERS: None Other Consent Items 2. Consider 12 Thomas Owens Way; Development Control Overlay (D-2) Review of AR Permit 14-371 for a 128 Square Foot Second Story Addition for an Existing Office Building; Applicant Michael J. Avila; Property Owners Michael and Patty Avila and Steve and Ursula Avila; I-R-20-D2 Zoning District; Exempt from CEQA Requirements per Article 19, Section 15303 ACTION: Adopted a resolution approving Development Control Overlay review of AR Planning Commission Minutes Tuesday, September 13, 2016 Permit 14-371 for a 128 square foot second story addition with Conditions of Approval. Commissioner Widmar made a motion to adopt a resolution approving Development Control Overlay review of AR Permit 14-371 for a 128 square foot second story addition with Conditions of Approval. Commissioner Latasa seconded the motion. Commissioner Davis abstained from voting due to a conflict of interest. On a motion by Commissioner Widmar, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission adopted a resolution approving Development Control Overlay review of AR Permit 14-371 for a 128 square foot second story addition with Conditions of Approval: AYES: 6 COMMISSIONERS: Fletcher, Millich, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Davis RECUSED: 0 COMMISSIONERS: None 3. Consider Findings for Approval of Appeal 16-292 of a Zoning Administrator Decision on Use Permit 16-138 to Approve a New Personal Wireless Service (PWS) Facility in a Portion of the City of Monterey Right-of-Way Immediately Adjacent to 860 Wave Street; Appellant Nina Beety; Owner City of Monterey; Zoning District C-2; Exempt from CEQA Requirements per Article 19, 15303 ACTION: Adopted a resolution adopting findings for approval of Appeal 16-292 of a Zoning Administrator Decision on Use Permit 16-138 to approve a new Personal Wireless Service (PWS) Facility in a portion of the City of Monterey right-of-way immediately adjacent to 806 Wave Street. Commissioner Widmar made a motion to adopt a resolution adopting findings for Approval of Appeal 16-292 of a Zoning Administrator decision on Use Permit 16-138 to approve a new Personal Wireless Service (PWS) Facility in a portion of the City of Monterey right-of-way immediately adjacent to 860 Wave Street. Commissioner Reed seconded the motion. Vice Chair Millich abstained from voting due to his absence from the August 23, 2016 meeting when the appeal was approved. On a motion by Commissioner Widmar, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission adopted a resolution adopting findings for approval of Appeal 16-292 of a Zoning Administrator Decision on Use Permit 16-138 to approve a new Personal Wireless Service (PWS) Facility in a portion of the City of Monterey right-of-way immediately adjacent to 860 Wave Street: AYES: 6 COMMISSIONERS: Fletcher, Davis, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Millich RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** Planning Commission Meeting Minutes Tuesday, September 13, 2016 2 Planning Commission Minutes Tuesday, September 13, 2016 PUBLIC COMMENTS Nina Beety said it is difficult to hear Commissioners and staff speaking when seated in the back of the Council Chambers. Chair Fletcher said the Commissioners and staff will make a point of speaking into their microphones. PUBLIC HEARING Commissioner Davis recused himself from item #4 due to being a neighbor of the subject property. Commissioner Latasa recused himself due to being the project applicant. Both Commissioners left the room. 4. Consider 10 Via Paraiso; Use Permit 16-321 for a Historic Incentive to Allow Construction of a New Detached Garage within the Rear Yard Setback; Applicant Terry Latasa; Owners Sandy Freeman and Cyd Crampton; R-1-8-H2 Zoning District; Exempt from CEQA per Article 19, Section 15331, Class 31 ACTION: Adopted a resolution approving Use Permit 16-321 for a Historic Incentive to allow construction of a new detached garage within the rear yard setback with Conditions of Approval. Staff Presentation/Commissioner Questions Christy Hopper presented the Agenda Report and answered Commissioners’ questions. Applicant Sandy Freeman, property owner, said the house was purchased in 2012 and was in excellent condition, aside from the garage. Ms. Freeman said she would like to demolish and rebuild the current garage due to leaks, dry rot, termite damage, and the unstable floor, and the use permit for a Historic Incentive provides this opportunity. Ms. Freeman also said that due to the garden and surrounding vegetation, putting the new garage in the same footprint as the existing garage would be beneficial. Public Comments None. Commissioner Comments Commissioner Reed made a motion to adopt a resolution approving Use Permit 16-321 for a Historic Incentive to allow construction of a new detached garage within the rear yard setback with Conditions of Approval. Commissioner Widmar seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission adopted a resolution approving Use Permit 16-321 for a Historic Incentive to allow construction of a new detached garage within the rear yard setback with Conditions of Approval: AYES: 5 COMMISSIONERS: Fletcher, Millich, Dawson, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 2 COMMISSIONERS: Davis, Latasa Planning Commission Meeting Minutes Tuesday, September 13, 2016 3 Planning Commission Minutes Tuesday, September 13, 2016 5. Consider 343 Dela Vina Avenue; Variance 16-360 to Allow a 46.7% Floor Area Ratio (40% Standard); Applicant Ryan Cornelsen; Owner Interim, Inc.; R-3-15 Zoning District (Exempt from CEQA per Article 19, Section 15303, Class 3) ACTION: Adopted a resolution approving Variance 16-360 to allow 46.7% floor area ratio with Conditions of Approval. Staff Presentation/Commissioner Questions Fernanda Roveri presented the Agenda Report and answered Commissioners’ questions. Applicant Henry Ruhnke, Wald, Ruhnke and Dost Architects, on behalf of applicant, said the subject building is over 150 feet from Dela Vina Avenue and is not visible from the street or Highway 1. He also said the area proposed for infill is under an existing breezeway and that the additional bulk and mass of the project will not be impactful. Mr. Ruhnke said the proposed project is the only way for the facility to provide services to the community in a way that complies with state regulations. In response to Commissioner Latasa’s question, Mr. Ruhnke said a water permit is not needed because no bathrooms are being added and the project falls under residential use. Public Comments Barbara Mitchell, Executive Director of Interim, said Interim has been in the community for 41 years and that the project was initially proposed in 2014 but lacked funding. She also said that currently, Interim’s only residential treatment crisis center is located in Salinas. Ms. Mitchell said the proposed project will allow the existing residential treatment facility to be moved to Fort Ord and an additional residential treatment crisis facility to be created. Commissioner Comments Commissioner Dawson said the project should be approved because the facility currently is not in compliance with State regulations and it is important to come into compliance. Commissioner Reed made a motion to adopt a resolution approving Variance 16-360 to allow 46.7% floor area ratio with Conditions of Approval. Commissioner Widmar seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission Adopted a resolution approving Variance 16-360 to allow 46.7% floor area ratio with Conditions of Approval: AYES: 7 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 6. Consider Recommendation to the City Council to Amend City Code Section 38-112.4, Personal Wireless Service Facilities, to Reflect Changes in Cellular Technology (Exempt from CEQA per Article 19, Section 15305) ACTION: Adopted a resolution recommending that the City Council amend M.C.C. Planning Commission Meeting Minutes Tuesday, September 13, 2016 4 Planning Commission Minutes Tuesday, September 13, 2016 Section 38-112.4, Personal Wireless Service (PWS) Facilities to reflect changes in cellular technology with the additional recommendation that the City Council should examine Citywide noise ordinances. Staff Presentation/Commissioner Questions Todd Bennett presented the Agenda Report and answered Commissioners’ questions. City Attorney, Christine Davi, and Tripp May of Telecom Law Firm (via telephone) also answered Commissioners’ questions. Public Comments Nina Beety said that City only considered the viewpoint obtained from Telecom Law Firm and not the viewpoint from firms that represent Cities in the telecom field. She also said the proposed ordinance has an ambiguous definition of co-location and removes public protections, creating an open-door policy for cellular companies and mandatory approval of projects. Ms. Beety said the proposed ordinance is discriminatory and that antennas in the right-of-way are in violation of the Americans with Disabilities Act for those disabled by electromagnetic sensitivity. She also said the ordinance eliminates Architectural Review Committee review of applications and she expressed concern about the Zoning Administrator meeting process. Ms. Beety asked the Planning Commission to require California Environmental Quality Act (CEQA) review of wireless facilities and to deny any cell towers in the right-of-way. She also said that the requirement of proof of significant gap coverage was removed from the ordinance in 2014 and asked that it be put back into the ordinance. Commissioner Comments Commissioner Dawson said 60 decibels is too loud and the noise limitation for PWS facilities should be more stringent. Commissioner Reed said an amendment to the Citywide Ordinance would be the only way to lower the decibel noise limit for PWS facilities. Commissioner Dawson expressed concern regarding protection being given only to views in the public right- of-way. Commissioner Dawson requested that the following edits be made to the draft ordinance:  E.2: Add “to” between the words “encouraged” and “schedule”  G.2: Remove “of” between the words “accept” and “all”  G.2: Add missing section number to final sentence Commissioner Widmar said much of what can be controlled by the City has been preempted at the federal level, and that the proposed ordinance strengthens the control the City has and gives more flexibility. He said he supports the ordinance as proposed and that the ultimate decision will be made by City Council. Commissioner Widmar made a motion to adopt a resolution recommending that the City Council amend M.C.C. Section 38-112.4, Personal Wireless Service (PWS) Facilities to reflect changes in cellular technology. Commissioner Reed seconded the motion. Commissioner Reed said he has concerns about protecting the City’s views but the proposed ordinance is the best the City can do at the moment. He also said the ordinance can be amended in the future if new case law arises. Commissioner Dawson said he does not support the motion due to his concerns regarding views and noise. Commissioner Latasa also expressed concern regarding view and noise issues. Commissioner Widmar amended his motion to include a recommendation that the City Council should examine Citywide noise ordinances. Commissioner Reed seconded the amended motion. Planning Commission Meeting Minutes Tuesday, September 13, 2016 5 Planning Commission Minutes Tuesday, September 13, 2016 In response to Commissioner Davis’ question regarding elimination of the requirement for evidence of a significant gap coverage, Mr. May said significant gap coverage was omitted from the ordinance because “significant gap” does not have a definition and having it in the ordinance would cause additional cost, frustration, and possible litigation. On a motion by Commissioner Widmar, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission adopted a Resolution recommending that the City Council amend M.C.C. Section 38-112.4, Personal Wireless Service (PWS) Facilities to reflect changes in cellular technology with the additional recommendation that the City Council should examine Citywide noise ordinances: AYES: 5 COMMISSIONERS: Fletcher, Millich, Davis, Reed, Widmar NOES: 2 COMMISSIONERS: Dawson, Latasa ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Chair Fletcher adjourned the afternoon session at 5:41 p.m. RECONVENE ***Evening Session Agenda*** 7:00 – 11:00 pm Chair Fletcher called the evening session to order at 7:01 p.m. CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING Commissioner Davis recused himself from item #7 due to a conflict of interest and left the room. 7. Consider 457 Wave Street; Minor Subdivision 13-467 and Use Permit 13-468 for Two Three-Story Residential Condominium Buildings (35’ Height Each) Totaling Four Dwelling Units and 96% Lot Coverage; Applicant Eleigh Kelly; Owner Monterey Wave Street Partners LP; C-2 Zoning District (CEQA Initial Study with Mitigated Negative Declaration Previously Circulated and Certified) ACTION: Adopted resolutions approving Use Permit 13-468 for four dwelling units, height in excess of two stories and 25 feet, and lot coverage in excess of 50%; and approving Minor Subdivision 13-467 for two three-story residential condominium buildings with additional findings as recommended by staff. Staff Presentation/Commissioner Questions Ms. Roveri presented the Agenda Report and answered Commissioners’ questions. Ms. Roveri said that staff is recommending additional findings to the Minor Subdivision resolution that were not included in the published Agenda Packet. Applicant Paul E. Davis, representative for applicant, thanked staff and said the proposed project consists of four condominium units built over nine parking spaces and required a lot line adjustment of just under five feet. He also said the units will be staggered for interest and a gable design will be used to mimic the historic buildings of Cannery Row. Mr. Davis said the Planning Commission Meeting Minutes Tuesday, September 13, 2016 6 Planning Commission Minutes Tuesday, September 13, 2016 proposed building is similar in height to neighboring buildings and that there will be outdoor patios with stormwater collection planters to meet open space requirements. In response to Commissioner Dawson’s question, Mr. Davis said the specifications for the stormwater overflow planters are based on State stormwater requirements. In response to Commissioner Latasa’s question, Mr. Davis explained how water credits were obtained for the project. Public Comments Frank Sollecito, representative of the Cannery Row Antique Mall Owners Association, thanked staff and the Planning Commission for their service. Mr. Sollecito expressed concern regarding potential traffic impacts of the Antique Mall loading and unloading merchandise on the street, and said a functioning easement needs to be recorded to ensure backdoor loading and unloading. Mr. Sollecito said when the spaces inside the building were sold, the tenants were promised four Antique Mall parking spaces in the Covenants, Conditions and Restrictions. He also said the Owners Association is not against the project, but that it needs to be done in a way that will not duplicate the loading and unloading problems on Cannery Row. In response to Commissioner Dawson’s question, Mr. Sollecito said a loading zone in front of the building would be a secondary solution, but it would take away more parking. In response to Vice Chair Millich’s question, Mr. Sollecito said overall the City looses if an easement is not recorded. Ms. Roveri clarified that the proposed project meets the parcel map condition of retaining the loading dock between the buildings for access. In response to Commissioner Latasa’s question, Mr. Sollecito said it would be favorable for the building design to accommodate vehicle unloading in the garage. Steve Travaille, former owner, said he bought the property in 1994 and developed the Antique Mall. Mr. Travaille said he sold the property to the current owners in 2008 and was promised at that time that the Antique Mall would have four parking spaces. He also said loss of the four spaces will impact the Antique Mall and that having a loading dock is extremely important. Mr. Travaille said there are serious issues with drainage and flooding on the property and that drainage does not appear to have been addressed in the project. Gary Guerra said he lives across the street from the Antique Mall and he questioned where parking for the Antique Mall employees and customers will be located if future tenants of the proposed building will be using the on-site parking. Chair Fletcher gave applicant, Mr. Davis, an opportunity to address questions raised during Public Comment. Mr. Davis said that he will confirm with his engineer that drainage has been addressed for the project. Mr. Davis also said that there is not enough head room to have direct access through the parking garage to a loading dock due to grade differences. Mr. Davis confirmed that the parking in the proposed garage will essentially be for residents of the building, but said the Antique mall is in a parking district and parking is available in the nearby City parking garage. In response to Chair Fletcher’s and Vice Chair Millich’s questions, Ms. Roveri said nine spaces are required for the proposed four residential units and that the subdivision of the lots did not require parking for the Antique Mall to be provided on the adjacent lot. Ms. Hopper said the subdivision of the lots allowed for intensification of use without additional parking and did not require the Antique Mall to provide any off-street parking. Commissioner Comments Commissioner Dawson said since the parking was sold to another party, the original party has no claim to it. Planning Commission Meeting Minutes Tuesday, September 13, 2016 7 Planning Commission Minutes Tuesday, September 13, 2016 Commissioner Reed made a motion to adopt resolutions approving Use Permit 13-468 for four dwelling units, height in excess of two stories and 25 feet, and lot coverage in excess of 50%; and approving Minor Subdivision 13-467 for two three-story residential condominium buildings, with additional findings as recommended by staff. Commissioner Dawson seconded the motion. Under further discussion, Commissioner Dawson recommended that the City create a loading zone consisting of at least one parking spot at the front of the Antique Mall to aid with loading and unloading. Commissioner Dawson clarified that the loading zone is just a recommendation and not a Condition of Approval. Commissioner Latasa said he will support the motion, but he is uncomfortable taking all the parking from the Antique mall and moving it to the street. Commissioner Latasa said the proposed building is very handsome and is designed appropriately for the Cannery Row area. On a motion by Commissioner Reed, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission adopted resolutions approving Use Permit 13-468 for four dwelling units, height in excess of two stories and 25 feet, and lot coverage in excess of 50%; and approving Minor Subdivision 13-467 for two three-story residential condominium buildings with additional findings as recommended by staff: AYES: 6 COMMISSIONERS: Fletcher, Millich, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Davis 8. Consider 575 Foam Street; Minor Subdivision 15-349 for Four Residential Condominiums and Use Permit 15-149 for: 1) Condominiums, 4) Four Residential Units, 3) Building Height that Exceeds Two Stories and 25', and 4) Lot Coverage (100%); Applicant Luyen Vu for Eric Miller Architects, Inc., Property Owner EGM Investor, LLC; C-2 Zoning District; Exempt from CEQA Requirements per Article 19, Section 15303 ACTION: Adopted resolutions approving Minor Subdivision 15-349 for four residential condominiums and approving Use Permit 15-149 to allow condominium use, four residential units, building height in excess of two stories and 25', and lot coverage in excess of 50%. Staff Presentation/Commissioner Questions Ms. Hopper presented the Agenda Report and answered Commissioners’ questions. Applicant Eric Miller, owner and project architect, said the proposed project was originally approved together with the building at 211 Hoffman Avenue, but for financial reasons the buildings had to be separated into two projects. Mr. Miller said the building elevation is the same as what was approved several years ago and that he wants to build four high-end units that both the City and the property owners can be proud of. In response to Commissioner Dawson’s question, Mr. Miller said the proposed showerhead configuration in the units was the only allowable way to have a second showerhead. In response to Commissioner Latasa’s question, Mr. Miller said the water credits for the building came from a prior building that was torn down. Mr. Miller also said he will speak with a mechanical engineer to ensure proper Planning Commission Meeting Minutes Tuesday, September 13, 2016 8 Planning Commission Minutes Tuesday, September 13, 2016 airspace between the proposed building and the mechanical vents on the neighboring building. Public Comments None. Commissioner Comments Commissioner Latasa said a beautiful job was done on the commercial building on the adjoining property and the proposed building will match in style. He also said the proposed project is a great project that will provide housing. Commissioner Latasa made a motion to adopt resolutions approving Minor Subdivision 15-349 for four residential condominiums and approving Use Permit 15-149 to allow condominium use, four residential units, building height in excess of two stories and 25', and lot coverage in excess of 50%. Vice Chair Millich seconded the motion. On a motion by Commissioner Latasa, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission adopted resolutions approving Minor Subdivision 15- 349 for four residential condominiums and approving Use Permit 15-149 to allow condominium use, four residential units, building height in excess of two stories and 25', and lot coverage in excess of 50%: AYES: 7 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 9. Consider Recommendation to the City Council to Amend City Code Section 38-11 (Definitions); add Article 16B to Create a New Emergency Shelter Overlay Zoning District to Permit Emergency Shelters Meeting Specific Operational and Management Requirements by Right; and Apply the Overlay Zone to all Properties zoned General Commercial (C-3) (Exempt from CEQA per Article 19, Section 15305) ACTION: Adopted a resolution recommending that the City Council amend Monterey City Code (MCC) Section 38-11 to add a definition for emergency shelters; add Article 16B to create a new emergency shelter overlay zoning district to permit emergency shelters meeting specific operational and management requirements by right; and apply the overlay zone to all properties zoned General Commercial (C-3). Staff Presentation/Commissioner Questions Elizabeth Caraker presented the Agenda Report and answered Commissioners’ questions. Public Comments None. Commissioner Comments Commissioner Latasa said he is confident that Housing and Property Management staff researched and determined that the proposed area is appropriate for the zoning overlay. Commissioner Reed made a motion to adopt a resolution recommending that the City Council amend Monterey City Code (MCC) Section 38-11 to add a definition for emergency shelters; Planning Commission Meeting Minutes Tuesday, September 13, 2016 9 Planning Commission Minutes Tuesday, September 13, 2016 add Article 16B to create a new emergency shelter overlay zoning district to permit emergency shelters meeting specific operational and management requirements by right; and apply the overlay zone to all properties zoned General Commercial (C-3). Vice Chair Millich seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission adopted a resolution recommending that the City Council amend Monterey City Code (MCC) Section 38-11 to add a definition for emergency shelters; add Article 16B to create a new emergency shelter overlay zoning district to permit emergency shelters meeting specific operational and management requirements by right; and apply the overlay zone to all properties zoned General Commercial (C-3): AYES: 7 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner Dawson and Commissioner Reed said they will not be present at the September 27, 2016 meeting. INFORMATIONAL REPORTS & STAFF COMMENTS 10. Planning Office Update  Update received  Ms. Caraker said the Planning Commission will review an update to parking standards at the September 27, 2016 meeting. ADJOURNMENT There being no further business, the meeting adjourned at 8:30 p.m. Respectfully Submitted, Approved, Elizabeth Caraker, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, September 13, 2016 10

Agenda

Planning Commission Commissioners Agenda Daniel Fletcher, Chair Stephen Millich, Vice Chair Regular Meeting Paul W. Davis Mike Dawson Tuesday, September 13, 2016 Terry Latasa Hansen Reed 580 Pacific Street 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 12, 2016 to review the Tuesday, September 13, 2016 Planning Commission Agenda. The Planning Commission will depart from the field behind Colton Hall at 4:00 PM. For more information please call (831) 646-3885. Date Posted: September 8, 2016 ***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 23, 2016 Other Consent Items 2. Consider 12 Thomas Owens Way; Development Control Overlay (D-2) Review of AR Permit 14-371 for a 128 Square Foot Second Story Addition for an Existing Office Building; Applicant Michael J. Avila; Property Owners Michael and Patty Avila and Steve and Ursula Avila; I-R-20-D2 Zoning District; Exempt from CEQA Requirements per Article 19, Section 15303 3. Consider Findings for Approval of Appeal 16-292 of a Zoning Administrator Decision on Use Permit 16-138 to Approve a New Personal Wireless Service (PWS) Facility in a Portion of the City of Monterey Right-of-Way Immediately Adjacent to 860 Wave Street; Appellant Nina Beety; Owner City of Monterey; Zoning District C- 2; Exempt from CEQA Requirements per Article 19, 15303 ***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. 4. Consider 10 Via Paraiso; Use Permit 16-321 for a Historic Incentive to Allow Construction of a New Detached Garage within the Rear Yard Setback; Applicant Terry Latasa; Owners Sandy Freeman and Cyd Crampton; R-1-8-H2 Zoning District; Exempt from CEQA per Article 19, Section 15331, Class 31 5. Consider 343 Dela Vina Avenue; Variance 16-360 to Allow a 46.7% Floor Area Ratio (40% Standard); Applicant Ryan Cornelsen; Owner Interim, Inc.; R-3-15 Zoning District (Exempt from CEQA per Article 19, Section 15303, Class 3) 6. Consider Recommendation to the City Council to Amend City Code Section 38- 112.4, Personal Wireless Service Facilities, to Reflect Changes in Cellular Technology (Exempt from CEQA per Article 19, Section 15305) 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. Consider 457 Wave Street; Minor Subdivision 13-467 and Use Permit 13-468 for Two Three-Story Residential Condominium Buildings (35’ Height Each) Totaling Four Dwelling Units and 96% Lot Coverage; Applicant Eleigh Kelly; Owner Monterey Wave Street Partners LP; C-2 Zoning District (CEQA Initial Study with Mitigated Negative Declaration Previously Circulated and Certified) 8. Consider 575 Foam Street; Minor Subdivision 15-349 for Four Residential Condominiums and Use Permit 15-149 for: 1) Condominiums, 4) Four Residential Units, 3) Building Height that Exceeds Two Stories and 25', and 4) Lot Coverage (100%); Applicant Luyen Vu for Eric Miller Architects, Inc., Property Owner EGM Investor, LLC; C-2 Zoning District; Exempt from CEQA Requirements per Article 19, Planning Commission Tuesday, September 13, 2016 2 Section 15303 9. Consider Recommendation to the City Council to Amend City Code Section 38-11 (Definitions); add Article 16B to Create a New Emergency Shelter Overlay Zoning District to Permit Emergency Shelters Meeting Specific Operational and Management Requirements by Right; and Apply the Overlay Zone to all Properties zoned General Commercial (C-3) (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. 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: (831) 646-3799 FAX: (831) 646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org Planning Commission Tuesday, September 13, 2016 3 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 Sep 15 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Sep 15 Zoning Administrator Meeting, Council Chamber - 4:00 pm Sep 19 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Sep 20 Council Regular Meeting, Council Chamber - 4:00 PM Sep 21 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Sep 26 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Sep 27 Planning Commission Meeting, Council Chamber - 4:00 pm Sep 28 Oversight Board Meeting, Council Chamber - 7:00 PM Sep 28 Council Study Session, Council Chamber - 4:00 PM Sep 28 Library Board Meeting, Library Community Room - 5:00 PM Oct 3 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Oct 4 Council Regular Meeting, Council Chamber - 4:00 PM Oct 5 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Oct 6 Zoning Administrator Meeting, Council Chamber - 4:00 pm Oct 11 Planning Commission Meeting, Council Chamber - 4:00 pm Oct 13 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Oct 13 MP Regional Water Authority Meeting, TBD - 7:00 PM Oct 18 Council Regular Meeting, Council Chamber - 4:00 PM Oct 19 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Oct 20 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM MORE INFORMATION IS AVAILABLE BY CALLING 646-3885 Planning Commission Tuesday, September 13, 2016 4

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