Planning Commission Meeting

DRAFT M I N U T E S PLANNING COMMISSION Tuesday, February 13, 2018 4:00 PM AFTERNOON SESSION ONLY FEW MEMORIAL HALL OF RECORDS COUNCIL CHAMBERS 580 PACIFIC STREET MONTEREY, CALIFORNIA Commissioners Present: Millich, Dawson, Brassfield, Ezekiel, Fletcher, Latasa, Reed Commissioners Absent: None Staff Members Present: Acting Community Development Director Cole, Housing & Community Development Manager Caraker, Recording Secretary Leinen CALL TO ORDER Chair Millich called the meeting to order at 4:01 p.m. CONSENT ITEMS Commissioner Reed made a motion to approve the Consent Items. Commissioner Fletcher seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 7 COMMISSIONERS: Millich, Dawson, Brassfield, Ezekiel, Fletcher, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. December 12, 2017 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS Catherine, speaking on behalf of the Monterey High School softball team, said there is a problem with the transient population at Jack’s Park being intoxicated, urinating and defecating where the team practices. She said the police have not been responsive and the issue needs to be addressed.  Planning Commission Draft Minutes Tuesday, February 13, 2018 PUBLIC HEARING 2. Approve 300 Cannery Row; Tentative Map, Use Permit and Coastal Land Use Plan Amendment 09-142 for a Mixed Use Project Consisting of 11 Residential Units that Exceed 30 Units Per Acre and One Commercial Unit with Off-Site Parking; and 258 and 270 Foam Street Tentative Map and Use Permit 17-0128 for a Mixed Use Project Consisting of Five Residential Units and One Commercial Unit; Applicant: Paul E. Davis; Owner: William and Daniel Turrentine; Zoning: Cannery Row Commercial; General Plan: Commercial; CEQA: Mitigated Negative Declaration ACTION: Adopted resolutions adopting an environmental mitigated negative declaration approving 300 Cannery Row; tentative map, use permit and recommending City Council adoption of a Coastal Land Use Plan amendment for a mixed use project consisting of 10 residential units that exceed 30 units per acre and one commercial unit with off-site parking; and 258 and 270 Foam Street tentative map and Use Permit 17-0128 for a mixed use project consisting of five residential units and one commercial unit with amended Conditions of Approval. Staff Presentation/Commissioner Questions Elizabeth Caraker presented the Agenda Report and answered Commissioners’ questions. Applicant Paul E. Davis, Paul Davis Partnership, detailed the proposed project and constraints at 300 Cannery Row due to the property’s location in the Tidelands Area, its historic nature, and ADA accessibility. Mr. Davis said the proposed height is within the height of the neighboring Monterey Plaza Hotel. Regarding housing density, Mr. Davis said because the Foam Street property will be used for parking, it is logical to increase the density at the Cannery Row property. He also noted that the building is the last remaining one on Cannery Row to be connected to the building across the street by an intact bridge. Mr. Davis requested that the Planning Commission change the expiration date of the use permit from 24 months to 36 months. In response to Commissioner Brassfield’s question, Mr. Davis said a structural investigation several years ago found the foundation to be stable, that new construction will be built inside the existing frame, and that the bottom level of the project will comply with FEMA requirements. Regarding inclusionary housing, Mr. Davis said issuance of the building permit will be contingent on construction of at least two of the three affordable units. In response to Commissioner Reed’s question, Mr. Davis confirmed that the parking aspect of the Foam Street project will be constructed even if the Foam Street building does not go forward. In response to Commissioner Latasa’s question, Mr. Davis said the residential portion of the Foam Street building will be set back mainly for structural reasons and due to the driveways on either side of the building. In response to Vice Chair Dawson’s question, Mr. Davis said various options for ADA access were pursued, but ultimately the City accepted the proposed route. Glen Yonekura, property owner, said the project has been ongoing for 11 years and there have been many constraints at both the local and State levels. Mr. Yonekura said this is the most difficult project he has ever been a part of, but the City has done a great job and he is pleased to be at this point in front of the Planning Commission. In response to Commissioner Planning Commission Meeting Draft Minutes Tuesday, February 13, 2018 2 Planning Commission Draft Minutes Tuesday, February 13, 2018 Reed’s question, Mr. Yonekura said the CC&Rs have yet to be created but will govern which entity is responsible for repair and maintenance of the ADA aspects of the project. In response to Commissioner Ezekiel’s question, Mr. Yonekura said the number of units proposed is based mainly on the available square footage of the building. James Newhall Smith, architect, said he can answer any questions regarding the proposed 258 and 270 Foam Street building. Mr. Smith said the building was designed about nine years ago when it was allowable to have the awning over the property line, but the plans may now need revisions due to the Lighthouse Specific Plan (LHSP). He also said he does not anticipate that the project will have a significant impact on the surrounding community. Ms. Caraker clarified that one of the proposed Conditions of Approval of the project recognizes the potential design changes to the Foam Street building and that the applicant can apply for an amendment to the LHSP if they so desire. Public Comments Laurie Hambaro, New Monterey Neighborhood Association, referenced a letter from the association president outlining concerns and requested that the Planning Commission continue the project to allow additional time for review. She noted that the Neighborhood Association did not have access to the line and strike-out portion of the Agenda Report. Ms. Hambaro expressed concern with sea level rise, deed restrictions on the proposed units to prevent them from becoming visitor serving accommodations, and the proposed ADA access. She also said a large amount of consideration went into creation of the LHSP and it intentionally includes Foam Street to prevent loss of views. Dan Silverie said he is the owner of a new five unit development at 201 Cannery Row that has ground-level commercial and a handicapped lift, so he is confident the handicapped lift program works. Mr. Silverie also said he knows from experience that the longer a building like the one at 300 Cannery Row sits the more remediation work it will require. He questioned whether five additional condominiums in the already busy Cannery Row area will really have that much of an impact and said he completely supports the proposed project. Chair Millich closed Public Comment and allowed Mr. Davis, applicant, to address the Commission. With regards to the ADA access Mr. Davis said putting a parking space inside the 300 Cannery Row building would eliminate the entire commercial area and that a dedicated handicapped parking space on the street is not an option. He reiterated that the proposed ADA access was selected by the Disabled Access Appeals Board and that whoever purchases the ADA unit will know the constraints when they purchase it. Mr. Davis said the issues of height and roof setbacks will be settled by the Architectural Review Committee (ARC) and asked that the Planning Commission move forward with the project by granting approval. Commissioner Comments In response to Commissioner Latasa’s questions, Ms. Caraker said that any tree removal on the sites would require ARC approval and said it is inferred in Condition of Approval #3 of the Planning Commission resolution that the project will receive ARC and Historic Preservation Commission approval. Commissioner Reed made a motion to adopt resolutions adopting an environmental mitigated negative declaration approving 300 Cannery Row; tentative map, use permit and recommending City Council adoption of a Coastal Land Use Plan amendment for a mixed use project consisting of 10 residential units that exceed 30 units per acre and one commercial unit Planning Commission Meeting Draft Minutes Tuesday, February 13, 2018 3  Planning Commission Draft Minutes Tuesday, February 13, 2018 with off-site parking; and 258 and 270 Foam Street tentative map and Use Permit 17-0128 for a mixed use project consisting of five residential units and one commercial unit. Commissioner Fletcher seconded the motion. Further discussion was held by the Commission regarding building density, the ADA path of travel, coastal access, and historic preservation. Commissioner Dawson said he still has concerns regarding ADA access. Ms. Caraker asked for clarification regarding an extension of the 24 month expiration date for the use permit. Commissioner Reed amended his motion to include an amendment to the Conditions of Approval as follows: 1. The use permit will expire 24 months 36 months following approval unless the required Building Permits are issued for the project prior to the expiration. Commissioner Fletcher agreed to the amendment to the motion. Commissioner Brassfield expressed concern with rising water levels over the next 10-15 years and Chair Millich expressed concern regarding ADA access, density, and first floor residential, however both Commissioners said they support the project. On a motion by Commissioner Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission adopted resolutions adopting an environmental mitigated negative declaration approving 300 Cannery Row; tentative map, use permit and recommending City Council adoption of a Coastal Land Use Plan amendment for a mixed use project consisting of 10 residential units that exceed 30 units per acre and one commercial unit with off-site parking; and 258 and 270 Foam Street tentative map and Use Permit 17-0128 for a mixed use project consisting of five residential units and one commercial unit with amended Conditions of Approval: AYES: 6 COMMISSIONERS: Millich, Brassfield, Ezekiel, Fletcher, Latasa, Reed NOES: 1 COMMISSIONERS: Dawson ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner Brassfield and Chair Millich requested that a list be provided to the Commissioners of Commissioner names, emails, and phone numbers as a way of being able to contact each other. Commissioner Brassfield said there have been many canceled meetings lately and suggested that Planning staff keep a list of outstanding issues for meeting dates with no projects scheduled to avoid cancellation of meetings. Commissioner Latasa noted that the City Council recently granted an appeal of a project that the Planning Commission had approved. INFORMATIONAL REPORTS & STAFF COMMENTS 3. Planning Office Update  Update received  Ms. Caraker answered Commissioners’ questions regarding the dates and location of the Planning Commission meetings on the 13 proposed PWS facilities. Planning Commission Meeting Draft Minutes Tuesday, February 13, 2018 4 Planning Commission Draft Minutes Tuesday, February 13, 2018 ADJOURNMENT There being no further business, the meeting adjourned at 5:51 p.m. Respectfully Submitted, Approved, Elizabeth Caraker Chair Housing and Community Development Manager Planning Commission Planning Commission Meeting Draft Minutes Tuesday, February 13, 2018 5