Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, February 27, 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: Community Development Director Cole, Housing and Community Development Manager Caraker, Associate Planner Schmidt, 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. Vice Chair Dawson seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Dawson, 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. February 13, 2018 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS Dr. John Adamo, Monterey Vista Neighborhood resident, said he is frustrated with the City’s handling of the personal wireless service (PWS) facility applications. He spoke about previous meetings on the subject and expressed frustration with the facilitated community meeting. Dr. Adamo also said he is concerned with having 13 applications on one agenda. Susan Nine, Peters Gate resident, spoke about the previous PWS facility meetings. Ms. Nine said reviewing 13 applications in one evening is unreasonable, illegal, and will violate the public’s rights and due process, and that the hearing could take up to 13 hours. She noted that only five applications are running up against the “shot clock” deadline and that it is unacceptable to hold all 13 hearings in one evening to thin the crowd. Ms. Nine requested that a reasonable number of applications be heard at each meeting in order for the meeting to  Planning Commission Minutes Tuesday, February 27, 2018 be adjourned by midnight. Charise Carlyle, Monterey resident, said holding only one hearing to review all 13 PWS facility applications is unfair to residents and those who are elderly, have health issues, or have children. Ms. Carlyle said many people will have comments and she requested that the projects be heard on multiple dates. She also requested that the City announce which application will be heard first on the agenda. Jerry Anderson, Saucito Land Company, said he opposes any proposal before the Planning Commission to raise the noise limit in Downtown Monterey above the current 65db. He said $10 million went into replacing the buildings on Alvarado Street that were destroyed by the fire and that these buildings were replaced with the understanding that the noise limit would remain at 65db. PUBLIC HEARING 2. Approve 799 Cannery Row; Use Permit Application UP-17-0485 for a Mixed Use Project Consisting of the Conversion of Office Space to Four Residential Units on the Second Floor of a Commercial Building; Applicant Frank Dost; Owner Cannery Row Company; CR Zoning District; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1, and Section 15331, Class 31 ACTION: Tabled. Staff Presentation/Commissioner Questions Elizabeth Caraker said that the applicant would like to table. Public Comments None. Commissioner Comments Commissioner Latasa made a motion to table the item. Commissioner Brassfield seconded the motion. On a motion by Commissioner Latasa, seconded by Commissioner Brassfield, and carried by the following vote, the Planning Commission tabled the item: 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 3. Approve 457, 465, 470, 484, 565 and 570 Cannery Row; Use Permit Amendment PE-17- 0583 to Extend Use Permit 00-019 for a Mixed Use Project and Vesting Tentative Map; Applicant: Mike Dunham; Owner: Ruby Falls Fund, LLC; Zoning: Cannery Row Commercial; General Plan: Commercial; CEQA: Environmental Impact Report Certified on June 1, 2004 ACTION: Adopted a resolution approving Use Permit Amendment PE-17-0583 to extend Use Permit 00-019 for a mixed use project and vesting tentative map with amended Conditions of Approval. Planning Commission Meeting Minutes Tuesday, February 27, 2018 2 Planning Commission Minutes Tuesday, February 27, 2018 Staff Presentation/Commissioner Questions Ms. Caraker presented the Agenda Report and answered Commissioners’ questions. Applicant David Armanasco, on behalf of Ruby Falls Fund, noted that the project is no longer Ocean View Plaza, but now called Cannery Row Plaza. He said the proposed project will have tremendous benefit for Cannery Row, residents, and visitors by preserving views and access to the bay. Mr. Armanasco introduced Ruby Falls team members Neil Brower, Michael Dunham, and Allen Robinson. Eric Jones, Ruby Falls Fund, said the permit extension will allow time for review by the Architectural Review Committee (ARC) and Historic Preservation Commission (HPC). He said the project team’s goal is to ensure that the project is completed, bringing a sense of completeness to Cannery Row. Bob Faulis, Ruby Falls Fund, said his team is seeking a permit extension to complete the project which was started 20 years ago on a lot that has been vacant for around 68 years. Mr. Faulis detailed the history of the site and said it is one of the most historic sites on Cannery Row. He introduced Paul Kephart of Rana Creek and said he will work to restore the flora and fauna at the site. Mr. Faulis said the proposed desalination plant would be located in the basement area of Building B. In response to Commissioner Latasa’s question, the applicants said the value of the project is between $105 million and $115 million. They also confirmed that the parking proposed will consist of non-mechanical, single level spaces. In response to Commissioner Brassfield’s question, Mr. Faulis said he has met with the New Monterey Neighborhood Association regarding the project. He also said previous review of the site with the oil tank showed it was clear of contamination, but the site will be examined again upon excavation. In response to questions about brine returning to the ocean Mr. Faulis said the handling of this will be up to pollution control. In response to Commissioner Brassfield’s question regarding the proposed bridge, the applicants said they hope for it to be a functioning bridge with public access. In response to Commissioner Ezekiel’s question regarding the desalination plant, Mr. Brower said the previous Environmental Impact Report (EIR) analyzed noise and concluded that the pump would not result in any noise that would invade upon the residences above. He also said a wave run up study was required by the Coastal Commission. Public Comments Jim McCord, 503 Wave Street, expressed concern regarding the EIR being more than 14 years old and dated traffic and water data being used for the development agreement. He said relying on old studies may lead to unintended scenarios. In response to Vice Chair Dawson’s question, Mr. McCord confirmed that addendums to EIRs occur in many instances when projects take a long period of time to be completed. Michael Hall, resident, said in 59 years he has never seen the property in any other condition and he supports the proposed project as it is very tasteful and would benefit the community. Gerry Low-Sabado, Monterey native, spoke about her family’s Chinese heritage dating to the 1800’s in Pacific Grove, Pebble Beach, and Monterey areas. Ms. Low-Sabado said she was thrilled to hear about the Cannery Row History Center and looks forward to working with the Planning Commission Meeting Minutes Tuesday, February 27, 2018 3 Planning Commission Minutes Tuesday, February 27, 2018 Ruby Falls team to bring together members of the community to tell their diverse stories. Commissioner Comments Commissioner Brassfield said that the materials provided to the Planning Commission for this project were inconsistent with the materials provided for another Cannery Row project recently reviewed by the Planning Commission. He said the two projects were coastal-related projects with similar issues so the materials should have been consistent, and he stressed the importance of consistency and transparency within government agencies. Commissioner Latasa asked staff to respond to concerns raised regarding the age of the EIR. Ms. Caraker said the EIR still stands for the permit extension, however, when the developer agreement is considered in the future an update will be made to the EIR, which requires review by the Planning Commission. Commissioner Reed said the project has been fully vetted to this point, so there is no difference between issuance of a building permit today versus 12 months from today. He noted that at their last meeting the Planning Commission approved another project with an EIR that was completed in 2009. Commissioner Reed suggested amending the 12 month expiration date to either 18 or 24 months to prevent the applicants from having to apply for another extension. Chair Millich concurred. Commissioner Ezekiel said the project is massive and includes many moving parts, and he commended those who have stuck with the project for decades. He said he has confidence in the project and proposed that the expiration date be extended to 24 months. Commissioner Fletcher made a motion to adopt a resolution approving Use Permit Amendment PE-17-0583 to extend Use Permit 00-019 for a mixed use project and vesting tentative map with amended Conditions of Approval as follows: 1. That all Conditions of Approval adopted for Use Permit 00-019 shall continue to apply to the project with the exception of the expiration (Condition #35) which shall be on April 10, 2019 April 10, 2020. Commissioner Reed seconded the motion. Commissioner Fletcher said he supports extending the permit for 24 months as it allows enough time for ARC, HPC and City Council review. Commissioner Latasa concurred and said the project will be a great success. On a motion by Commissioner Latasa, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission Adopted a resolution approving Use Permit Amendment PE-17-0583 to extend Use Permit 00-019 for a mixed use project and vesting tentative map with amended Conditions of Approval: 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 COMMISSIONERS COMMENTS Commissioner Fletcher said the traffic circulation component of the Lighthouse Specific Plan was put on hold pending completion of the Highway 68 roundabout and asked when Planning Commission Meeting Minutes Tuesday, February 27, 2018 4  Planning Commission Minutes Tuesday, February 27, 2018 circulation would be reexamined now that the roundabout is complete. Commissioner Latasa said recent project applicants have been allowed to submit renderings in lieu of site staking and asked that staff place this matter on an agenda for discussion. Commissioner Reed said the March 15th special meeting of the Planning Commission to review the proposed personal wireless service facilities will be a tough meeting and that Commissioners and staff need to be prepared. Vice Chair Dawson requested that the applicants provide, if possible, a model of what is being proposed for the utility poles. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Update received  Ms. Caraker said there will be a Planning Commission meeting on March 13th where the Planning Commission will consider a recommendation to City Council for a Zoning Ordinance amendment. ADJOURNMENT There being no further business, the meeting adjourned at 5:26 p.m. Respectfully Submitted, Approved, Elizabeth Caraker Chair Housing and Community Development Manager Planning Commission Planning Commission Meeting Minutes Tuesday, February 27, 2018 5