Planning Commission Meeting
Regular MeetingMonterey, CA · September 8, 2020
Minutes
DocuSign Envelope ID: 18828F55-886F-4FC1-AF54-998359DFACFC
MINUTES
PLANNING COMMISSION
September 8, 2020
4:00 PM
AFTERNOON SESSION ONLY
TELECONFERENCE
580 PACIFIC STREET, COUNCIL CHAMBERS
MONTEREY, CALIFORNIA
Commissioners Present: Brassfield, Freeman, Dawson, Fletcher, Latasa, Millich, Reed
Commissioners Absent: None
Staff Members Present: Community Development Director Cole, City Attorney Davi
Senior Associate Planner Schmidt, Associate Planner Sabdo,
Recording Secretary Ziel
CALL TO ORDER
Chair Brassfield called the meeting to order at 4:00 p.m.
CONSENT ITEMS
Approval of Minutes
2. August 11, 2020
ACTION: Approved as amended.
Commissioner Comments
Commissioner Reed noted the number on the Vote Block in item two said six but seven names
were listed.
On a motion by Commissioner Reed, seconded by Vice Chair Freeman, and carried by the
following vote, the Planning Commission approved the minutes as amended:
AYES: 7 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Latasa,
Millich, Reed
NOES: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
ABSTAIN: 0 COMMISSIONERS: None
RECUSED: 0 COMMISSIONERS: None
***End of Consent Agenda***
Community Development Director Cole provided details on how to phone into the meeting to
participate and provide public comment.
PUBLIC COMMENTS
None.
PUBLIC HEARING
3. Deny Appeal of 816 Lily Street; Application AP-20-0200 Appealing Architectural Review
Committee Approval (Resolution A20-017) of Architectural Review Permit ARP-19-0308
for a Single-Story Addition and Deck to Single Family Dwelling; Appellant Catherine
DocuSign Envelope ID: 18828F55-886F-4FC1-AF54-998359DFACFC
Planning Commission Minutes Tuesday, September 8, 2020
Badin; Applicants Kent Knoll; Owners Carolee Bird and Mary Ellen Eglington; R-1-5
Zoning District; Low Density Residential General Plan Designation; Exempt from CEQA
Per Article 19, Section 15301, Class 1
ACTION: Appeal Denied; ARC Approval Upheld.
Staff Presentation/Commissioner Questions
Senior Associate Planner Schmidt presented the Agenda Report and answered
Commissioner questions.
Vice Chair Freeman inquired if the Appellant’s house was on the market since she was asking
for the project to be delayed in order to potentially sell her home. Senior Associate Planner
Schmidt stated he was unsure if the home was on the market.
Commissioner Fletcher asked Senior Associate Planner Schmidt to clarify the Appellant’s
concerns about tree removal. Schmidt explained the Appellant was not concerned about tree
removal but concerned about the loss of view of the trees. Schmidt stated the Appellant’s view
of the trees would be blocked by the addition.
Chair Brassfield followed up and asked if there were any problems related to the previous
noticing issue at this property. City Attorney Davi explained to the Commission that the
noticing issue had been cured and corrected.
Applicant Comments
Daniel Bird, the son of the applicants, addressed the legal aspects of the appeal. He explained
the applicant’s financial concerns and how delaying the project has caused financial hardship.
Bird explained that delaying the construction has delayed the applicants from selling their
home in San Jose and moving to Monterey. Bird explained the applicants’ financial plans do
not include living in Monterey while owning their home in San Jose. Bird stated the applicants
were also concerned about rising construction costs if the project were to be delayed further.
Bird also wanted to address the appellant’s claims of dishonesty on behalf of the applicants.
He reiterated that the applicants have followed all of the necessary steps, hired an architect
and followed all city procedures. Lastly, Bird explained it is unfair to punish the applicants due
to the City’s oversight in Fall of 2019 and stated the applicants will do anything they can to
minimize disruption to neighbors and hope for a speedy resolution to this appeal.
Appellant Comments
Catherine Badin called in to clarify a few items. Badin explained that she does not consider
this a small addition since the addition will be one third larger than the size of the existing
home. Badin also confirmed that she has not begun the process of selling her home or finding
a new home since we are all required to shelter in place per Governor Newsom’s order.
Furthermore, Badin clarified that she is not requesting for the project to be stopped but is
asking for an architectural revision to be made to the plans so that the house extension and
higher roof do not impede the view from her second story. She explained that no one including
the Architect came by her home to look at how her view would be impacted by the addition.
Badin stated that prior to the original Architectural Review Committee meeting she was not
informed she could ask for architectural revisions to be made to the plan and specified that
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was what she was asking for today. Badin emphasized her goal was to find an equitable
solution that works for all parties’ goals and interests.
Badin outlined her concerns about the project including concerns about the view from her
home being impacted, privacy impacts from the project and noise concerns from construction
during a time of pandemic when everyone is sheltering in place. She also expressed concerns
about the noise impacting her writing career as she works from home. Furthermore, Badin
stated that she suffers from clinically diagnosed complex PTSD and a high noise disorder
which is why it is vital for her to live in a quiet neighborhood.
Lastly, Badin expressed concerns that the neighbors did not inform her of the details of the
project and that only one Architectural Review Committee member looked at the project from
the front of the street and not from the back of the house where the view would be impacted.
Badin explained her home has a reverse floor plan and she uses her upper deck to write which
is why this project impacts her privacy. Badin concluded her comments by asking for further
architectural review since the raised roof line will impact her views as well as the resale value
of the house.
Public Comments
Matt Francois, a land use attorney, called in on behalf of the Applicants. Francois reiterated
that the project is a modest addition designed to blend in with the neighborhood and referred
to a letter he wrote to the Planning Commission addressing all of the concerns in the appeal.
Francois explained that the project conforms with all City planning standards and that the
project was carefully designed so the home remains a single story home and that the roof line
matches the existing roof line.
Francois stated California law does not recognize right to a private view shed and explained
that the appellant’s ocean view will be preserved. Francois also noted the windows will be
treated to ensure privacy. Lastly, Francois explained the project will not result in added noise
since the foundation was already laid and once the exterior is complete the remaining work
will be done inside the structure. He also confirmed the project was approved to comply with
standard construction hours to minimize noise and that according to the Shelter in Place order,
construction is allowed if safety protocols are followed.
Francois concluded by stating the owners would like the Planning Commission to deny the
appeal so they can relocate to Monterey as soon as possible.
Commissioner Comments
Commissioner Latasa inquired about visiting sites and what City policy is in regards to site
visits. Community Development Director Cole explained that during COVID-19 no field trips
are taking place and the Planning office is closed to the public.
Commissioner Fletcher commented this a modest project and sees no reason to not support
this project going forward.
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Vice Chair Freeman stated the appellant still has an ocean view and this project is a modest
addition. Freeman added that the Architectural Review Committee was right in approving the
project.
Commissioner Reed explained that the Planning Commission is here to review potential
projects and if they are appropriate for the neighborhood. Reed stated that he feels bad for
the applicant and that this project is completely appropriate and a minor remodel.
Chair Brassfield commented the design is reasonable and in tune with what the neighborhood
looks like.
On a motion by Commissioner Reed, seconded by Commissioner Latasa and carried by the
following vote, the Planning Commission denied the Appeal of 816 Lily Street.
AYES: 7 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Latasa,
Millich, Reed
NOES: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
ABSTAIN: 0 COMMISSIONERS: None
RECUSED: 0 COMMISSIONERS: None
4. Approve 420 Tyler Street; Use Permit Application UP-20-0082 to Allow a Restaurant
Major Use -Night Club; Applicant Todd Howland; Owners Eric and Lori Lochtefeld; PC-
D-H1 Zoning District; Commercial General Plan Designation; Exempt from CEQA per
Article 19, Section 15301, Class 1
ACTION: Approved.
Staff Presentation/Commissioner Questions
Associate Planner Sabdo presented the Agenda Report and answered Commissioner
questions.
Commissioner Millich asked where the nearest residential or mixed use residential is and how
many feet it is in relation to the project site. Community Development Director Cole shared
the aerial view of the site and explained the nearest residential units are above Sur Burger
and face Alvarado Street.
Vice Chair Freeman asked what the normal closing hours for bars are in in Monterey.
Community Development Director Cole explained that bars have to be closed by 2 am and
listed other bars that abided by those time regulations including Cibos and Crown and Anchor.
Commissioner Latasa inquired about City noise standards and what the proper sound
decibels are for this site since the resolution said 65- 70 decibels. Associate Planner Sabdo
clarified the proper decibels are 65 decibels at the property line.
Commissioner Dawson asked for clarification about the live acts on Sundays and if the time
frame was 11 am- 3 pm or 11 pm- 3am. Associate Planner Sabdo confirmed the time was 11
am – 3 pm. Commissioner Dawson also noted the zone of this building is H1 meaning its
historic and asked if the Historic Preservation Commission would need to review this project.
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Associate Planner Sabdo clarified that Historic Preservation Commission would only need to
review the project if there were exterior alterations.
Chair Brassfield asked what the maximum occupancy of the location will be. Associate
Planner Sabdo said they will have to abide by the fire code which will outline the proper
occupancy.
Applicant Comments
None
Public Comments
None.
Commissioner Comments
Vice Chair Freeman commented that the applicants should be praised for keeping the Golden
State Theatre alive and now adding to the entertainment value of the theatre. Freeman also
noted the noise standards of this project applied to other locations such as Bull and Bear but
since this project is inside, it wouldn’t create a public nuisance.
Commissioner Latasa agreed this is a great use application that is well thought through and
appropriate for the location.
On a motion by Vice Chair Freeman, seconded by Commissioner Fletcher, and carried by the
following vote, the Planning Commission recommended to: Approve 420 Tyler Street; Use
Permit Application UP-20-0082 to Allow a Restaurant Major Use -Night Club.
AYES: 7 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Latasa,
Millich, Reed
NOES: 0 COMMISSIONERS: None
ABSENT: 0 COMMISSIONERS: None
ABSTAIN: 0 COMMISSIONERS: None
RECUSED: 0 COMMISSIONERS: None
COMMISSIONER COMMENTS
Chair Brassfield asked about when we would discuss policy items such as the noise ordinance.
Community Development Director Cole explained staff is receiving new priorities from City
Council, so the City Manager will be hosting a workshop with the City Council in late September
to discuss the work plan and staff priorities. Cole noted staff are making huge strides in housing
needs but not the coastal program.
INFORMATIONAL REPORTS & STAFF COMMENTS
● Update received.
● Community Development Director Cole shared the Architectural Review Committee
unanimously approved the Ohana Project at 6 Lower Ragsdale which means they will
be able to start construction in early January. Additionally, on September 30, staff will
be having a study session with the City Council on marijuana. Staff will be asking for
more direction from the City Council on marijuana policies and concepts.
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ADJOURNMENT
There being no further business, the meeting adjourned at 5:06 p.m.
Respectfully Submitted, Approved,
Kimberly Cole Chair
Community Development Director Planning Commission
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Agenda
Planning Commission
Commissioners
Agenda
Mike Brassfield, Chair
Sandra Freeman, Vice Chair
AFTERNOON SESSION ONLY Mike Dawson
Daniel Fletcher
Tuesday, September 8, 2020 Terry Latasa
Stephen Millich
4:00 PM - 5:30 PM Hansen Reed
Teleconference
Monterey, California
IMPORTANT NOTICE:
Pursuant to Governor Newsom’s Executive Orders N-29-20 and N-33-20, and to do all we can
to help slow the spread of COVID-19 (coronavirus):
Meetings of the Monterey City Council and its Boards and Commissions will be
conducted with virtual (electronic) participation only. Members of the public may watch
the live stream of the City Council and Boards and Commission meetings at
https://www.youtube.com/cityofmonterey (up to 10 second delay) or on television on
Channel 25 (up to 90 second delay). The YouTube live stream has the shortest delay
and is recommended for anyone wishing to provide public comment (see details below).
BEFORE EACH MEETING, members of the public may participate by submitting their
comment(s) to planning@monterey.org from an email account or a cell phone’s texting
app until ½ hour before the start of the meeting. These emails and text messages will be
shared with the Planning Commission prior to the start of the meeting, but will not be
read aloud during the meeting. All comments received will become part of the record.
DURING EACH MEETING, members of the public may participate by calling and
speaking live during the designated time(s), subject to time limits that may be imposed
pursuant to the Brown Act. To provide public comment:
o Please follow along with the meeting on the YouTube live stream, as it has the
shortest delay, and only call when the public comment period is announced.
o When the public comment period is announced, call the telephone number that
will be provided on-screen and announced at the meeting. Enter the conference
room number, then #.
o You will be muted upon joining the call.
o Enter *5 to “raise your hand.” When it is your turn to speak, you will be unmuted.
o Between comment periods, please hang up the phone. If you wish to comment
on another item, please call back when the public comment period is announced.
FIELD TRIP
The Planning Commission will not conduct a field trip to review the September 08, 2020
PC meeting agenda. For more information, call (831) 646-3885. Date Posted: September
04, 2020
***Afternoon Session Agenda***
4:00 - 5:30 p.m.
1. Meeting Procedures
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
2. August 11, 2020
***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 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 Appeal of 816 Lily Street; Application AP-20-0200 Appealing
Architectural Review Committee Approval (Resolution A20-017) of
Architectural Review Permit ARP-19-0308 for a Single-Story Addition and
Deck to Single Family Dwelling; Appellant Catherine Badin; Applicants Kent
Knoll; Owners Carolee Bird and Mary Ellen Eglington; R-1-5 Zoning District;
Low Density Residential General Plan Designation; Exempt from CEQA Per
Article 19, Section 15301, Class 1
4. Approve 420 Tyler Street; Use Permit Application UP-20-0082 to Allow a
Restaurant Major Use -Night Club; Applicant Todd Howland; Owners Eric and
Lori Lochtefeld; PC-D-H1 Zoning District; Commercial General Plan
Designation; Exempt from CEQA per Article 19, Section 15301, Class 1
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.
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
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2
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.
5. 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 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
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MORE INFORMATION IS AVAILABLE BY CALLING 646-3885
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