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Planning Commission Meeting

Regular Meeting

Monterey, CA · August 8, 2017

AgendaMinutesPacket

Minutes

MINUTES PLANNING COMMISSION Tuesday, August 8, 2017 4:00 PM - 5:30 PM 7:00 PM - 11:00 PM 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Millich, Dawson, Brassfield, Fletcher, Reed Commissioners Absent: Latasa Staff Members Present: Acting Community Development Director Cole, Associate Planner Roveri, Recording Secretary Leinen CALL TO ORDER Chair Millich called the meeting to order at 4:01 p.m. CONSENT ITEMS Vice Chair Dawson made a motion to approve the Consent Items. Commissioner 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: 5 COMMISSIONERS: Millich, Dawson, Brassfield, Fletcher, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: Widmar RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. July 25, 2017 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC APPEARANCE 2. Receive Report on Concept Review for Allowing Residential Uses and Automobile Sales with Conditional Use Permit in All Industrially Zoned Properties (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ACTION: Received a report, took public comment, and held discussion. Staff Presentation/Commissioner Questions Kimberly Cole gave an overview of the concept review process and a summary of the two applications proposed. Fernanda Roveri presented the Agenda Report and she and Ms. Cole answered Commissioners’ questions. Planning Commission Minutes Tuesday, August 8, 2017 Public Comments Henry Ruhnke, WRD Architects, said he supports amending the IR zoning district to allow for automobile sales. Mr. Ruhnke said that the Department of Motor Vehicles (DMV) regulates the sale of multiple vehicles and that vehicle sales at Garages Unlimited would be a limited amount of discrete, private party sales, not large, commercial sales. He said he would like clear language stating that auto sales can legally occur in the IR zone within facilities like Garages Unlimited and that new car sales are not prohibited. Ernest Lostrom, Lostrom and Company, said there is a high demand for automobile storage in Monterey and a very low demand for office space, so it is important to consider potential uses for properties that are zoned for uses that are no longer in demand. He also said the IR zone is now largely medical offices with very few industrial uses. Mr. Lostrom said compliance with DMV regulations is very important and auto sales in the IR zone would always be kept indoors and be limited to collectors with high-end cars. Carl Outzen said Ryan Ranch was zoned IR to create industrial jobs and bringing residential uses to the area would cause loss of businesses, tax revenue and jobs. He also said residential uses in the IR zone would create the need for additional police and fire substations in the area. Mr. Outzen said he is experienced with mixed-use construction within the City and that it is a mistake for the IR zone. He encouraged the Planning Commission to consider future consequences. Chris Orosco, Orosco Group, said the vacancy rate of office buildings in the area is very high and he fully supports amending the IR zone. Mr. Orosco said both proposals are very sound and amending the IR zone would encourage developers and create vibrancy. He also said that the City loses businesses due to a lack of affordable housing in the area. Mr. Orosco said mixed-use is not always vertical nature and that having offices next to residences reduces vehicle trips, traffic, and commute times. He also said auto sales in Ryan Ranch is a smart, harmless use that would add appeal to the area. Brad Slama, applicant on behalf of 2600 Garden Road, said Monterey currently has 310,000 square feet of vacant office space and that 2600 Garden Road was purchased with the intent of a residential conversion. Mr. Slama said he proposes either adjusting the entire IR zone to allow for residential uses or creating an overlay district for the area. He also said that vertical mixed-use works best in the downtown area and that he aims to have inclusive residential with neighboring commercial uses. Mr. Slama said the uses in the IR zone have changed over time to include non-industrial uses like gyms and churches. Daryl Hawkins, JHW Architects, said the landscaping, removed location, distance from neighboring buildings, parking, courtyard, and unique characteristics of 2600 Garden Road make it appropriate for residential use. He also said no new buildings are proposed and everything will be adaptive. Mr. Hawkins said the site is in Zone 7, which is an airport influence area but not a safety area and that the site is not in the 65 db contour so noise will not be a major impact. He said he looks forward to the next steps of the project. Commissioner Comments In response to Vice Chair Dawson’s question, Ms. Cole said the commercial zone has similar goals to the IR zone and that there are some overlaps between the two districts. Vice Chair Dawson referenced General Plan Land Use Element Goal b and said residential uses in the IR zone do not satisfy this goal. Vice Chair Dawson said people buy property with the expectation of consistent zoning, so it is difficult for him to support a change in zoning. He also said jobs bring the workforce to the area and allowing housing in the IR zone could Planning Commission Meeting Minutes Tuesday, August 8, 2017 2 Planning Commission Minutes Tuesday, August 8, 2017 decrease jobs. Vice Chair Dawson said he does not object to car sales in the IR zone, but housing in the zone would be a mistake. Commissioner Fletcher said zoning represents the orderly development of a City and in response to pressure for more housing some of the zones become degraded with non-bridging uses. Commissioner Fletcher said he is not opposed to housing in the IR zone on a case by case basis, as long as the housing is not sub-par to housing in zones like residential and multi- family. He also said he is concerned with general plan goals and how they will be met in the IR zone. Commissioner Fletcher said he is less concerned with auto uses in the IR zone as it seems appropriate for the area. Commissioner Reed said all types of auto sales, not just used cars, should be allowed as long as there are no outdoor retail sales. He also said since not many industrial opportunities exist in the City of Monterey, it would be appropriate to have housing in the IR zone on a case by case basis, with details discussed and vetted. Regarding affordable housing, Commissioner Reed said the City should use housing density bonuses. Commissioner Brassfield said he generally supports allowing auto sales in the IR zone as long as it does not lead to businesses operating from storage units. Regarding residential uses, Commissioner Brassfield said after considering a patio and carport, larger footprints will be required. He also said he agrees that industrial is not the answer for housing and that he has questions on whether housing in the area would benefit the City or create more calls for service unnecessarily. Chair Millich said each zone has a particular use and reason for existing and that people depend on zoning when buying a property. He also said we need affordable housing and that changing the IR zone to a residential zone should not be addressed until there is a solution for affordable housing. Chair Millich adjourned the afternoon session at 5:10 p.m. RECONVENE ***Evening Session Agenda*** 7:00 – 11:00 p.m. Chair Millich called the evening session to order at 7:01 p.m. CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING 3. Deny 2191 North Fremont Street; Application AP-17-0370 Appealing Architectural Review Committee Denial of Architectural Review Permit ARP-17-0140 for Preliminary Architectural Review of a Three-Story Mixed Use Building; Appellant Ron Brown, Architect; Owner Heydar A. Movahedi; PC-NF Zoning District (Exempt from CEQA per Article 18, Section 15270) ACTION: Adopted a resolution denying Appeal Application AP-17-0370 and upholding Architectural Review Committee (ARC) denial of Architectural Review Permit ARP-17-0140 (Resolution A17-010). Planning Commission Meeting Minutes Tuesday, August 8, 2017 3 Planning Commission Minutes Tuesday, August 8, 2017 Staff Presentation/Commissioner Questions Ms. Roveri presented the agenda report and answered Commissioners’ questions. Appellant Ron Brown, architect, said there were inaccuracies with staff’s presentation and that the accessible apartment was heavily redesigned between the two ARC meetings to include relocating of the balcony, enclosing the parking, and additional windows. In regards to Objective 3.6 of the North Fremont Specific Plan (NFSP), Mr. Brown said for a smaller building, the whole building could serve as an anchor, not just the corner. Mr. Brown read a statement detailing the history of the project and hearing process and submitted a copy for the record. He expressed concern regarding argumentative behavior displayed by Commissioner Silva at the ARC hearings as well as the inexperience of newer committee members. Public Comments Robert Yoho said the proposed development will set the standard for all other development on the street. He showed photos taken from the NFSP compared to the proposed project. With regards to Goals 4.1, 4.5, and 4.6 of the NFSP, Mr. Yoho said a three story, stucco building does not meet the goals and that the corner of the building will deflect noise and make walking on the street unbearable. He also said the proposed building has no variation in building materials and does not meet Goal 3.7 of the NFSP. Mr. Yoho said the project should honor the wishes of all those involved in creating the NFSP and that the proposal does not follow the vision of the NFSP or match the character of Monterey. Lisa Duggan, Casanova Oak-Knoll (CONA) resident, said she is very concerned with public health issues posed by the proposed building, mainly hearing loss. Ms. Duggan said a three- story stucco building will allow sound waves to reverberate back onto the sidewalk leaving pedestrians nowhere to escape from the noise. She also said more trees and buildings designed to absorb sound are needed due to the noise pollution in the area. Ms. Duggan showed photos related to her concerns and submitted the photos for the record. Richard Ruccello, CONA president, said the NFSP requires that the area is a walkable village with resident-serving commercial. Mr. Ruccello said the project does not meet many of the development objectives of site planning, building design, mass, scale as outlined in the NFSP. He also referenced staff’s prior recommendation stating that the sidewalk area outside the business should be kept open and walkable and that the neighborhood fought for 12 foot sidewalks and does not want tables and chairs on the sidewalk. Mr. Ruccello said the proposed project is the first to be built since adoption of the NFSP so it will set the guideline and standard. Mr. Ruccello noted that the neighborhood has requested an amendment to the NFSP to clarify language and shorten the process for future developments. Leslie Svetich, owner of Monterey Lanes, said she has no plans to redevelop her property into a hotel or retail use and that lots of money has gone into upgrading the business. Ms. Svetich expressed concern with the ADA accessible apartment not having parking that patrons and residents can easily see and said the ADA accessible portion should be attached to the rest of the building. She also said she does not like the proposed seating on the corner and the unrelieved white wall facing her building, and that the flat roof does not meet the intent of the NFSP. Heidi Spicer, architect, said the proposed project is an attempt to comply with the NFSP and its goals and objectives, some of which are contradictory. She also said all issues identified by staff are debatable and do not speak to the larger points of the structure and how it fits with the site. Ms. Spicer said the proposed project is a highly inventive, vibrant, human scale building Planning Commission Meeting Minutes Tuesday, August 8, 2017 4 Planning Commission Minutes Tuesday, August 8, 2017 with stucco, glass, wood on the front to help break up sound. She also said she supports sidewalk seating outside the first floor businesses and that the whole building should be considered an anchor for the street corner. Ms. Spicer said while this is one of the first projects built under the NFSP, it in no way sets the design for all future buildings. Commissioner Comments In response to Commissioner Reed’s questions regarding specific plan standards, guidelines and objectives, Ms. Cole said a project may not comply with all guidelines but it must comply with standards and objectives. In response to Commissioner Reed’s question about setbacks on North Fremont Street, Ms. Roveri said the NFSP requires 12 foot sidewalks. Ms. Roveri also confirmed that the property owners of the bowling alley could redevelop their property up to the front and side property lines if they so desired. Commissioner Reed said his main concern is that project is a residential development and not mixed-use. He acknowledged the difficulties of developing the site but said the ARC did not err in their decision and that there are too many issues overall. Commissioner Fletcher said he agrees with Commissioner Reed regarding the project’s proposed percentage of residential versus retail space and that it is problematic to have residential come into zones that were intended for commercial. Commissioner Fletcher said the site is a challenging one and that there are many things he likes about the proposed project, including the upper floor being set at a different angle than the lower floor. He also said more articulation is needed, especially for the commercial storefront. Commissioner Dawson said it is necessary to identify at the preliminary architectural review stage parts of the project that are not appropriate. Commissioner Brassfield said the concept of an anchor site on the corner should present itself attractively from both sides of the corner and the proposed bench on the blind corner is an attractive nuisance. He also said the scale of the building is too large and that he does not support the building’s blank wall or roof design, but likes the balcony direction. Commissioner Brassfield questioned the ADA unit being split-level and said he agrees with the Architectural Review Committee’s decision. Commissioner Reed made a motion to adopt a resolution denying Appeal Application AP-17- 0370 and upholding Architectural Review Committee (ARC) denial of Architectural Review Permit ARP-17-0140 (Resolution A17-010) because the appellant’s arguments do not provide justification for reversing the ARC’s decision. Commissioner Fletcher seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission adopted a resolution denying Appeal Application AP- 17-0370 and upholding Architectural Review Committee (ARC) denial of Architectural Review Permit ARP-17-0140 (Resolution A17-010) because the appellant’s arguments do not provide justification for reversing the ARC’s decision: AYES: 5 COMMISSIONERS: Millich, Dawson, Brassfield, Fletcher, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday, August 8, 2017 5 Planning Commission Minutes Tuesday, August 8, 2017 COMMISSIONERS COMMENTS Commissioner Dawson said he was pleased to attend a reception with refreshments and speeches with the visiting Turkish Delegation. Commissioner Reed said he will be absent from the August 22, 2017 meeting. He also said applicants for the vacancy on the Planning Commission have been announced and it appears that a woman will be appointed to the Commission, which will be fantastic. Commissioner Brassfield expressed concern regarding the number of concrete patches throughout the brick sidewalks downtown, and said addressing these patches would improve on the aesthetics of the City. Vice Chair Dawson noted the difficulty of finding appropriate replacement bricks for repairs. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Update received.  Ms. Cole said the next meeting on August 22, 2017 at 4:00 p.m. will be a joint training with the Planning Commission, Historic Preservation Commission and Architectural Review Committee. ADJOURNMENT There being no further business, the meeting adjourned at 8:23 p.m. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, August 8, 2017 6

Agenda

Planning Commission Agenda Commissioners Stephen Millich, Chair Regular Meeting Mike Dawson, Vice Chair Mike Brassfield Tuesday, August 8, 2017 Daniel Fletcher Terry Latasa 580 Pacific Street 4:00 PM - 5:30 PM Hansen Reed Council Chambers 7:00 PM - 11:00 PM Monterey, California FIELD TRIP The Planning Commission will not conduct a field trip on Monday, August 7, 2017 to review the Tuesday, August 8, 2017 Planning Commission Agenda. For more information, please call (831) 646-3885. Date Posted: August 4, 2017 ***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. July 25, 2017 ***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 APPEARANCE PUBLIC APPEARANCE items are reports on action or informational issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Chair. The Chair may limit the time allocated to each speaker. 2. Receive Report on Concept Review for Allowing Residential Uses and Automobile Sales with Conditional Use Permit in All Industrially Zoned Properties (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 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. 3. Deny 2191 North Fremont Street; Application AP-17-0370 Appealing Architectural Review Committee Denial of Architectural Review Permit ARP-17-0140 for Preliminary Architectural Review of a Three-Story Mixed Use Building; Appellant Ron Brown, Architect; Owner Heydar A. Movahedi; PC-NF Zoning District (Exempt from CEQA per Article 18, Section 15270) 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. 4. 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 Tuesday, August 8, 2017 2 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 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 Aug 10 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Aug 10 MP Regional Water Authority Meeting, TBD - 7:00 PM Aug 11 Council Subcommittee BCC, Monterey - 9:00 AM Aug 15 Council Regular Meeting, Council Chamber - 4:00 PM Aug 16 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Aug 17 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Aug 17 Zoning Administrator Meeting, Council Chamber - 4:00 pm Aug 22 Planning Commission Meeting, Council Chamber - 4:00 pm Aug 23 Council Study Session, Council Chamber - 4:00 PM Aug 23 Library Board Meeting, Library Community Room - 5:00 PM Aug 28 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Aug 30 Council Study Session, Council Chamber - 4:00 PM Sep 4 MP Regional Water TAC Meeting Cancellation, Council Chamber - 2:00 PM Sep 5 Council Regular Meeting, Council Chamber - 4:00 PM Sep 6 Architectural Review Committee Meeting, Council Chamber - 4:00 pm MORE INFORMATION IS AVAILABLE BY CALLING 646-3885 Planning Commission Tuesday, August 8, 2017 3

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