Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, August 28, 2018 4:00 PM – 7:00 PM AFTERNOON SESSION ONLY FEW MEMORIAL HALL OF RECORDS COUNCIL CHAMBERS 580 PACIFIC STREET MONTEREY, CALIFORNIA Commissioners Present: Dawson, Latasa, Brassfield (4:02 p.m.), Fletcher, Millich, Reed Commissioners Absent: None Staff Members Present: Housing and Community Development Manager Caraker, Assistant City Attorney Salameh, Recording Secretary Leinen CALL TO ORDER Chair Dawson called the meeting to order at 4:00 p.m. CONSENT ITEMS 1. August 14, 2018 Approval of Minutes ACTION: Approved as amended. Commissioner Millich requested that the typo in the last paragraph of page four be corrected. Commissioner Reed made a motion to approve the minutes as amended. Commissioner Latasa seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission approved the minutes as amended: AYES: 5 COMMISSIONERS: Dawson, Latasa, Fletcher, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Brassfield ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS Gina Jett, CalAm rate payer and Public Water Now volunteer, spoke about a measure on the November ballot and she urged all voters to vote for a feasibility study and potential buy out in November.  Planning Commission Minutes Tuesday, August 28, 2018 PUBLIC HEARING Elizabeth Caraker requested that the Commission hear item #3 before item #2. (Heard after item #3) 2. Consider Allowing New Approach to Density Calculation for 300 Cannery Row and 258/270 Foam Street, and Consider Approving Use Permit Amendment 18-0241 Amending Resolution P18-003 Approving Use Permits 09-142 and 17-0128 for a Mixed Use Project That Spans Two Sites to Eliminate Condition of Approval #2 Requiring a Cannery Row Coastal Land Use Plan Amendment and Finding the Project Consistent with the Cannery Row Coastal Land Use Plan; Applicant and Owner: 300 LLC; Zoning: Cannery Row Commercial and Planned Community - Lighthouse; General Plan: Commercial; CEQA: Mitigated Negative Declaration Adopted (Continued from August 14, 2018) ACTION: Denied Use Permit Amendment 18-0241 amending Resolution P18-003 approving Use Permits 09-142 and 17-0128 for a mixed use project that spans two sites: 300 Cannery Row and 258/270 Foam Street and to eliminate Condition of Approval #2 requiring a Cannery Row Coastal Land Use Plan Amendment; and directed staff to prepare findings for denial to be brought back for adoption on September 11, 2018. Staff Presentation/Commissioner Questions Ms. Caraker presented the agenda report and answered Commissioners’ questions. Applicant Pat Kelley, representative on behalf of owner, said he supports staff’s interpretation and the judgment of the Building Official on what constitutes the first floor of the project. He said the proposed residential units are not on the street pedestrian level and are 18 inches above the street. Regarding density, Mr. Kelley said the property at Foam Street is legally connected to the Cannery Row property through the CC&Rs. In response to Commissioner Brassfield’s question, Mr. Kelley said the project alternatively could go forward by amending two provisions of the Cannery Row Coastal Land Use Plan, but this would affect all properties in the Cannery Row area and not just the subject site. Paul E. Davis, project architect, said California Building Code confirms the project’s determination of which floor is the first floor. Mr. Davis also said the ground level is more than 10 feet below the upper level so the space cannot be called a basement and is clearly a first level and a coastal access level. In response to Chair Dawson’s question, Mr. Davis said FEMA flood level constraints and Coastal Commission’s requirement for allowance for future sea level rise led to the residential floor being 18 inches above street level. In response to Commissioner Millich’s question, Mr. Davis said access to the condo units is at the far right of the building, retail is in the middle, and coastal access is on the left side. In response to Vice Chair Latasa’s question, Mr. Davis said he has consulted the Coastal Commission informally regarding the project over the past few years. In response to Commissioner Millich’s and Chair Dawson’s questions, Mr. Davis said the project could be designed to have no residential units at street level but a critical point is making the project work financially. Public Comments Frank Sollecito said the foot traffic between Hoffman Street and the Coastguard Pier is not the Planning Commission Meeting Minutes Tuesday, August 28, 2018 2 Planning Commission Minutes Tuesday, August 28, 2018 same as the rest of Cannery Row and that businesses at that end would benefit from additional foot traffic the project would create. He also said he supports staff’s recommendation and that it would be great to restore the buildings on the subject site and the 300 block of Cannery Row. Dan Silveri, owner of 201 Cannery Row, said the existing building is deteriorating and the site is in need of cleaning up. He also said that the project will not expand outside of the existing building and that price per square foot is irrelevant as creating 10 units would be much less expensive than five units. Mr. Silveri said the project would create a great opportunity for coastal access and additional revenue for the City. Kieren Kelley, manager of the Cannery Row Antique Mall, said if the project moves forward the business would benefit from having more customers from the additional tourists and residents it would bring to the area. He also said the buildings and that end of Cannery Row are deteriorating and he sees the benefits of working on it and making it beautiful. Bob Faulis, Cannery Row Plaza project, spoke in support of the project saying the spirit of not allowing residential on the first floor is to give the property a retail feel and that pedestrians would not be able to see the residential space beyond the retail space. He also said he believes in bringing customers down to Cannery Row and that density is not an issue as the area will still be under the 185 unit limit. Rick Sagin said the proposal is an amazing project that has been in the works for over 10 years. He also said the pedestrian walkway at the Monterey Plaza Hotel walks down from street level and would continue around to the proposed project. Mr. Sagin said wildlife is taking over the vacant building. Commissioner Comments Commissioner Millich said he likes the project, but the 10 condos proposed for the Cannery Row site are not consistent with the Land Use Plan and he cannot see treating the two sites as the same unit for density. He also said he is not satisfied with the issue of first floor street level and that if the 10 units were revised to be five units there would be no issue with the project. Commissioner Reed said if the two lots in question were contiguous it likely would not be an issue. He said by tying the two properties together legally the density for square footage for both properties would be the same as if they were contiguous so he is not concerned with density. Commissioner Reed said he struggled with the street level issue and the policy is written to say that residential is prohibited on first floor or street level. He also said he supports the project as it is a great use, will not cause additional density on Cannery Row, and there are enough findings that can be made. Commissioner Brassfield said the project is a great design that will improve the site. He expressed concern regarding setting precedent for future projects as the Commission often looks to prior projects for guidance. He also expressed concern regarding additional traffic impacts from the project and the inability of emergency vehicles to navigate through Cannery Row. Commissioner Brassfield said he could support the project with regards to the street level but is having a hard time approving the density aspect of combining the two sites. Vice Chair Latasa said the project is great and that the applicants were clever with their proposal. He said he can support the project with regards to the issue of floor levels, but he is not convinced regarding the issue of density as the two parcels have different zoning with Planning Commission Meeting Minutes Tuesday, August 28, 2018 3 Planning Commission Minutes Tuesday, August 28, 2018 different density requirements. Commissioner Fletcher said he supports the very unique project that is being presented. He said the issues regarding floor level have been addressed to his satisfaction and given that the two parcels in question are sewn together with a deed restriction he supports the project. Chair Dawson said he still has concerns regarding the first floor, however, given that the pedestrian would see retail from the street level he can support that aspect of the project. He said, however, he has a problem with moving density from Cannery Row to Foam Street. He also said the way ADA access is addressed is inadequate and that it would be more appropriate to have an agreement with the Plaza Hotel for an ADA parking space. Commissioner Reed said the issue of ADA access will be addressed by the applicant and that the properties will be legally tied together, preventing building density on the Foam Street site. He also said the properties being tied together will result in the benefit of a lower density in the Cannery Row area than if they were not tied together. Commissioner Reed made a motion to adopt a resolution approving Use Permit Amendment 18-0241 amending Resolution P18-003 approving Use Permits 09-142 and 17-0128 for a mixed use project that spans two sites: 300 Cannery Row and 258/270 Foam Street to eliminate Condition of Approval #2 requiring a Cannery Row Coastal Land Use Plan Amendment and finding the project consistent with the Cannery Row Coastal Land Use Plan. Commissioner Fletcher seconded the motion. Commissioner Brassfield asked if the two issues could be separated into two motions. Ms. Caraker said both issues are addressed in the one resolution that is being considered. On a motion by Commissioner Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission moved to adopt a resolution approving Use Permit Amendment 18-0241 amending Resolution P18-003 approving Use Permits 09-142 and 17- 0128 for a mixed use project that spans two sites: 300 Cannery Row and 258/270 Foam Street to eliminate Condition of Approval #2 requiring a Cannery Row Coastal Land Use Plan Amendment and finding the project consistent with the Cannery Row Coastal Land Use Plan: AYES: 2 COMMISSIONERS: Fletcher, Reed NOES: 4 COMMISSIONERS: Dawson, Latasa, Brassfield, Millich ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None The motion failed by a 2-4 vote. Commissioner Millich made a motion to deny Use Permit Amendment 18-0241 amending Resolution P18-003 approving Use Permits 09-142 and 17-0128 for a mixed use project that spans two sites: 300 Cannery Row and 258/270 Foam Street and to eliminate Condition of Approval #2 requiring a Cannery Row Coastal Land Use Plan Amendment and finding the project is consistent with the Cannery Row Coastal Land Use Plan and directing staff to prepare findings for denial to be brought back for adoption on September 11, 2018. Commissioner Brassfield seconded the motion. Planning Commission Meeting Minutes Tuesday, August 28, 2018 4  Planning Commission Minutes Tuesday, August 28, 2018 On a motion by Commissioner Millich, seconded by Commissioner Brassfield, and carried by the following vote, the Planning Commission moved to deny Use Permit Amendment 18-0241 amending Resolution P18-003 approving Use Permits 09-142 and 17-0128 for a mixed use project that spans two sites: 300 Cannery Row and 258/270 Foam Street and to eliminate Condition of Approval #2 requiring a Cannery Row Coastal Land Use Plan Amendment and finding the project is consistent with the Cannery Row Coastal Land Use Plan and directing staff to prepare findings for denial to be brought back for adoption on September 11, 2018: AYES: 4 COMMISSIONERS: Dawson, Latasa, Brassfield, Millich NOES: 2 COMMISSIONERS: Fletcher, Reed ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None (Heard before item #2) 3. Amend Use Permit 00-019 for a Mixed Use Project and Vesting Tentative Map for 457, 465, 470, 565, and 570 Cannery Row; Applicant Mike Dunham and AquaLegacy Development LLC; Zoning Cannery Row Commercial; General Plan Commercial; CEQA: EIR Addendum filed ACTION: Tabled. Staff Presentation/Commissioner Questions Ms. Caraker said there has been a request to table this item and that it will be re-noticed for hearing next month. Commissioner Comments Commissioner Reed made a motion to table the item. Commissioner Fletcher seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission tabled the item: AYES: 6 COMMISSIONERS: Dawson, Latasa, Brassfield, Fletcher, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Vice Chair Latasa said he would like to agendize a discussion of the status of any kind of possible access through the Presidio for citizens. He said he would like to hear from any City employees who have knowledge on the matter. Chair Dawson asked for an update on conducting a traffic study now that the Holman Highway roundabout is completed. Ms. Caraker said she has requested a report from City Traffic Engineer Andrea Renny. Planning Commission Meeting Minutes Tuesday, August 28, 2018 5  Planning Commission Minutes Tuesday, August 28, 2018 INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Report received.  Commissioner Millich asked about the vacancy on the Planning Commission and Ms. Caraker said the City Clerk’s Office may not pursue filling the position until December. ADJOURNMENT There being no further business, Chair Dawson adjourned the meeting at 5:18 p.m. Respectfully Submitted, Approved, Elizabeth Caraker Chair Housing and Community Development Manager Planning Commission Planning Commission Meeting Minutes Tuesday, August 28, 2018 6