Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, January 8, 2019 4:00 PM AFTERNOON SESSION ONLY 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Dawson, Latasa (arrived at 4:00 p.m.), Brassfield, Fletcher, Millich, Reed Commissioners Absent: None Staff Members Present: Community Development Director Cole, Housing and Community Development Manager Caraker, Deputy Fire Marshal Reade, Associate Planner Schmidt, Contract Planner Sabdo, Recording Secretary Lauer CALL TO ORDER Chair Dawson called the meeting to order at 3:59 p.m. CONSENT ITEMS 1. December 11, 2018 ACTION: Approved as submitted. In response to Chair Dawson’s question about page 2 of the draft minutes, Housing and Community Development Manager Caraker made a clarification regarding the General Plan and open space designation relative to the Park Lane. Commissioner Latasa arrived at 4:00 p.m. On a motion by Commissioner Brassfield, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission approved the December 11, 2018 minutes: 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 ***End of Consent Agenda*** PUBLIC COMMENTS Chair Dawson opened the floor for public comments. No persons wished to speak.  Planning Commission Minutes Tuesday, January 8, 2019 PUBLIC HEARING 2. Approve 792 Fremont Street; Text Amendment Application TM-18-0173 and Use Permit Application UP-18-0174; Recommending that the City Council: 1) Amend City Code Section 38-15 (Commercial Use Classifications) to Amend Definition for Funeral and Interment Services and Add Definition of Cemetery Use; 2) Amend Section 38-44 (Open Space District Land Use Regulations) to Allow Cemetery and Funeral and Interment Services as Conditionally Permitted Uses; and, 3) Amend Section 38-115 (Off-Street Parking and Loading Spaces Required) to Add Parking Standards for Cemetery Use; and, Approving Use Permit to Allow Funeral and Interment Services and Cemetery Use Contingent Upon Council Adoption of the Ordinance Amendment and Subsequently Becoming Effective; Applicant Clancy D’Angelo; Owner Roman Catholic Bishop of Monterey; O Zoning District; Public/Semi-Public General Plan Land Use Designation; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1, and 15305, Class 5 ACTION: Adopted a resolution recommending that the City Council: 1) Amend City Code Section 38-15 (Commercial Use Classifications) to amend definition for Funeral and Interment Services and add definition of Cemetery Use; 2) Amend Section 38-44 (Open Space District Land Use Regulations) to allow Cemetery and Funeral and Interment Services as conditionally permitted uses; and, 3) Amend Section 38-115 (Off-Street Parking and Loading Spaces Required) to add parking standards for Cemetery Use; and a resolution approving Use Permit UP-18-0174 to allow Funeral and Interment Services and Cemetery Use at 792 Fremont Street, as presented, contingent upon Council adoption of the ordinance amendment and subsequently becoming effective. Staff Presentation/Commissioner Questions Associate Planner Chris Schmidt presented the agenda report and answered Commissioners’ questions. He described details of the proposed resolutions and noted that the uses are consistent with the coastal plan. In response to a question from Chair Dawson, Housing and Community Development Manager Elizabeth Caraker noted that procedures are in place for archeologically sensitive projects. Applicant Thomas Woodworth of Carrier Mausoleums Construction, Portland, OR, was present and addressed the Commission regarding the project. Mr. Woodworth noted that there will be no water use for the proposed building. He noted that the proposed text amendment addresses recognizing the existence of cemeteries in open space zones. He noted that the proposed building will conform to the existing historic design and will be indistinguishable in style from the current adjacent mausoleum. In response to Commissioner Brassfield, Mr. Woodworth noted possible locations for displaced soil. Public Comments Chair Dawson opened the floor for public comment. Jean Rasch, Monterey Vista Neighborhood Association, noted her concern about amending an open space designation, especially relative to grounds that are normally deeded. Planning Commission Meeting Minutes Tuesday, January 8, 2019 2  Planning Commission Minutes Tuesday, January 8, 2019 There being no other persons wishing to speak, Chair Dawson closed the floor to public comment. Commissioner Comments In response to Chair Dawson relative to Ms. Rasch’s question, Ms. Caraker noted that this project is outside the area regulated by the Charter restrictions, since the coastal zone is excluded. Chair Dawson further noted that the use permit could provide protections. Commissioner Reed made a motion to adopt a resolution recommending that the City Council: 1) Amend City Code Section 38-15 (Commercial Use Classifications) to amend definition for Funeral and Interment Services and add definition of Cemetery Use; 2) Amend Section 38-44 (Open Space District Land Use Regulations) to allow Cemetery and Funeral and Interment Services as conditionally permitted uses; and, 3) Amend Section 38-115 (Off-Street Parking and Loading Spaces Required) to add parking standards for Cemetery Use; and a resolution approving Use Permit UP-18-0174 to allow Funeral and Interment Services and Cemetery Use at 792 Fremont Street, as presented, contingent upon Council adoption of the ordinance amendment and subsequently becoming effective. Commissioner 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: 1) Amend City Code Section 38-15 (Commercial Use Classifications) to amend definition for Funeral and Interment Services and add definition of Cemetery Use; 2) Amend Section 38-44 (Open Space District Land Use Regulations) to allow Cemetery and Funeral and Interment Services as conditionally permitted uses; and, 3) Amend Section 38-115 (Off- Street Parking and Loading Spaces Required) to add parking standards for Cemetery Use; and a resolution approving Use Permit UP-18-0174 to allow Funeral and Interment Services and Cemetery Use at 792 Fremont Street, as presented, contingent upon Council adoption of the ordinance amendment and subsequently becoming effective: 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 3. Approve 200 Glenwood Circle; Mitigated Negative Declaration ER-18-0225, and Use Permit Amendment PA-17-0504 for a New Four-Story, 40-Unit Senior Independent Living Apartment Building and Site Improvements Project; Applicant Douglas Roberts, AIA; Owner P Monterey LP; Planned Community Zoning District; Medium Density Residential General Plan Land Use Designation (Continued from December 11, 2018) ACTION: Continued to January 22, 2019. Staff Presentation/Commissioner Questions Contract Planner Christy Sabdo presented the agenda report and answered Commissioners’ questions, noting that the proposed use permit amendment was previously discussed, with public input, on December 11, 2018, and the Commission voted to continue the matter to today’s meeting and requested additional information from staff and the applicant regarding potential visual impacts, off-street parking, fire access, and impacts to roadway conditions. Planning Commission Meeting Minutes Tuesday, January 8, 2019 3 Planning Commission Minutes Tuesday, January 8, 2019 In response to Commissioner Brassfield, Community Development Director Kim Cole noted that ADA compliance is addressed as part of the building permit process. With regard to access, Ms. Sabdo noted that the Fire Department will have daily contact during construction to ensure safety access. In response to questions from Commissioners Reed and Millich, Ms. Sabdo indicated that assigned parking would be further reviewed by staff prior to the issue going before the Architectural Review Committee, and that conditions could be added relative to redwood trees for screening. In response to Commissioner Brassfield, Ms. Caraker noted that replacing trees would be addressed by the use permit. In response to Commissioner Latasa, Ms. Sabdo noted that the previously proposed pole on the corner of the building was deemed unsafe by the Building Inspector and therefore would not be included. Chair Dawson invited the applicant to speak. Applicant Doug Roberts of JHW Architects and Rick North of Pacifica Companies were present and addressed the Commission regarding the project. Mr. Roberts, on behalf of owner P Monterey LP, provided a drawing for review. He noted that only a portion of one end wall of the proposed building is within 100 feet of the highway, and that the building as planned does the best job of mitigating the view from the highway. He further noted that the redwood trees are the recommended type of tree to provide screening as soon as possible. In response to Commissioner Millich, Mr. Roberts noted that health of the trees and growth patterns would be considered in determining the size of trees that are planted. He indicated that the proposed project would comply with Caltrans standards, relative to building density and scenic highway screening. With regard to parking, Mr. Roberts noted that resident parking is assigned and can be overseen by onsite management. He further outlined proposed parking relative to accessibility and requirements. Mr. Roberts asked that the resolution be corrected to show he is acting as the representative for P Monterey LP, the actual owner. He also asked that special condition 13 be clarified relative to repairing road damage that occurs due to construction. Rick North of Pacifica Companies, on behalf of owner P Monterey LP, responded to Commissioner Brassfield’s question, noting that construction materials are no longer blocking the parking garage and that the lower floor garage is operational. In response to Commissioner Millich, he noted that 51 spaces are currently unused and that there is ample parking but it needs to be better managed. Mr. North further indicated that the new executive director for the Park Lane is eager to satisfy the requirements, and has been responsive to requests. Planning Commission Meeting Minutes Tuesday, January 8, 2019 4 Planning Commission Minutes Tuesday, January 8, 2019 Commissioner Brassfield noted that the Fire Department received 230 service calls in the project area last year, and asked about plans for emergency equipment access and parking, especially relative to safety for first responders and also about putting a fire lane in front of the building. Mr. Roberts responded and noted the need for cooperation between the building management and the Fire Department. He further indicated the proposed driveway exceeds the requirement. In response to Commissioner Brassfield, Mr. North noted that implementing and enforcing a parking structure plan would alleviate the concerns. Mr. Roberts responded to Commissioner Latasa’s questions regarding parking, noting the abundance of parking available, and how available parking could impact the decisions of potential residents. He further indicated that possible reduction in demand for units was not currently a concern for the owner. In response to questions from Chair Dawson and Commissioner Brassfield, Mr. North indicated that implementation of parking signage is encouraged. Ms. Caraker noted that Deputy Fire Marshal David Reade was available to answer questions. In response to Chair Dawson, Deputy Fire Marshal Reade explained emergency parking requirements, and noted that the current driveway is impassable for emergency vehicles when cars are parked in the red zone. In response to Commissioner Latasa, Deputy Fire Marshal Reade indicated that maintaining a thoroughfare to the front door and enforcing a parking plan would ensure adequate space for emergency vehicles. Public Comment Chair Dawson opened the floor for public comment. Lee Whitney, Glenwood Neighborhood Association president, appeared before the Commission and asserted that Park Lane management needs to correct situations such as enforcing employee parking to get cars off the street. She described a recent situation where several unattended cars were parked in the red zone during an emergency, and reiterated that management needs to enforce parking rules. She suggested connecting the upper and lower parking to alleviate confusion. She also noted that the current traffic mirror should be maintained. Jean Rasch, Monterey Vista Neighborhood resident, noted her concern about the lack of inclusionary units. She also voiced her concerns regarding Park Lane’s compliance with permit requirements, relative to repairs and parking issues. She noted her concern that parking issues have not been addressed, and suggested implementing and enforcing a parking plan as a demonstration of the developer’s commitment to respond to community concerns. Chair Dawson invited the applicant to respond. With regard to Commissioner Brassfield’s question, Mr. North stated that the intent is to secure the parking structure with a ticket system. He noted that signage and enforcement will also alleviate parking issues. He indicated that guidance from the Fire Department is welcomed and would be implemented with regard to parking and safety access. With regard to affordable housing, Mr. North noted that inclusionary units were never part of the owner’s plan. He further noted that compliance with permit requirements is also being addressed. Planning Commission Meeting Minutes Tuesday, January 8, 2019 5 Planning Commission Minutes Tuesday, January 8, 2019 Chair Dawson closed the floor to public comments. Commissioner Comments Ms. Caraker confirmed the conditions that the Commissioners want to add: 1) ensure, as part of ARC review, that tree permit provides for adequate tree replacement and screening, 2) ensure assigned parking spaces are located in proximity to units, and 3) designation and enforcement of a fire lane near the building entrance, and parking program and signage. With regard to clarification of special condition 13, Ms. Caraker suggested the following wording: Developer responsible for reconstructing any street structural section as determined by a pre and post roadway condition test, to be conducted by the applicant to the satisfaction of the City Engineer. In response to Commissioner Fletcher, Ms. Caraker noted that repair of the roads in question are also being addressed in the Public Works schedule of road improvements under Measures P and S. Commissioner Fletcher clarified that while the applicant is being asked to provide a parking plan, it will be up to the owner and management to implement and enforce. Ms. Caraker noted that including conditions would be helpful as a tool for enforcement of compliance with the use permit. Following further discussion of curb heights, safety and convenience issues for the elderly residents, liability, and parking issues several Commissioners expressed dissatisfaction with the current parking plan. Further discussion ensued following Commissioner Latasa’s suggestion to continue the matter until an improved parking plan is presented. Commissioner Reed noted that, while there is adequate parking, the senior user element impacts the practicality, and the issue of loss of business because of inconvenient parking is a consequence for the owner, and not part of the Planning Commission purview. Commissioner Millich expressed that it is the responsibility of the applicant to present a parking plan for approval. Commissioner Latasa noted that while he is in favor of part of the plan presented, the senior users’ perspective needs to be considered. Commissioner Fletcher commented on the difficulty in coming up with a satisfactory parking plan relative to elderly users and proximity to their assigned parking. Following additional discussion, Commissioner Latasa made a motion to continue the item to January 22, 2019 for redesign of the parking plan and specifically to get the 20 spaces for the new structure closer in proximity to the buildings. Following a brief discussion, Commissioner Millich seconded the motion. On a motion by Commissioner Latasa, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission continued the item to January 22, 2019 for redesign of the parking plan and specifically to get the 20 spaces for the new structure closer in proximity to the buildings: AYES: 4 COMMISSIONERS: Dawson, Latasa, Brassfield, Millich NOES: 2 COMMISSIONERS: Fletcher, Reed ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday, January 8, 2019 6 Planning Commission Minutes Tuesday, January 8, 2019 COMMISSIONERS COMMENTS Commissioner Latasa noted that the Liquid Amber trees on Del Monte are dying and asked staff to investigate. INFORMATIONAL REPORTS & STAFF COMMENTS  Report received. ADJOURNMENT There being no further business, the meeting adjourned at 5:55 p.m. Respectfully Submitted, Approved, Elizabeth Caraker Chair Housing and Community Development Manager Planning Commission Planning Commission Meeting Minutes Tuesday, January 8, 2019 7