Planning Commission Meeting

DocuSign Envelope ID: 513A793D-FE29-419E-A0B4-301A90F2969F MINUTES PLANNING COMMISSION November 10, 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, Principal Planner Flower, Recording Secretary Cleary, Recording Secretary Ziel CALL TO ORDER Chair Brassfield called the meeting to order at 4:00 p.m. Recording Secretary Ziel provided details to the public on how to provide public comment for the teleconferenced meeting. CONSENT ITEMS Approval of Minutes 2. October 27, 2020 ACTION: Approved as submitted. On a motion by Commissioner Dawson, seconded by Vice Chair Freeman, and carried by the following vote, the Planning Commission approved the October 27, 2020 Minutes: 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*** PUBLIC COMMENTS None. PUBLIC HEARING 3. Consider 711 Cannery Row; Use Permit Application UP-20-0215 to Allow Live Entertainment and Dancing; Applicant Koly McBride; Owner Cannery Row Company; CR (Cannery Row Commercial) Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15301, Class 1 ACTION: Approved as submitted. Staff Presentation/Commissioner Questions DocuSign Envelope ID: 513A793D-FE29-419E-A0B4-301A90F2969F Planning Commission Minutes Tuesday, November 10, 2020 Principal Planner Flower presented the Agenda Report and answered Commissioner questions. Commissioner Latasa asked if the building has an elevator. Mr. Flower stated there is an elevator in an adjacent connecting building, and explained the applicant is working with the Building division to ensure ADA requirements are met. Citing noise concerns, Chair Brassfield asked if the building circumference is the same as the property line. Mr. Flower clarified the building extent is at property line. Applicant Comments Applicant Koly McBride, owner of Paper Wing Theatre & Supper Club, presented the use proposal, answered Commissioner questions, and clarified the use includes dancing but that would only be done by performers. Chair Brassfield asked if beer and wine will be sold during performances without dinner. Ms. McBride detailed the plans of operation:  Reservations are the only way to get dinner and a show.  Reservations will start around 6:00 pm.  Patrons will start their meal when they check in, between 6:00-7:00 p.m.  Tables will be cleared roughly 10 minutes prior to show time.  Dessert and potentially beer and wine will be sold at intermission.  Patrons would be able to finish their beverages into the show but sales will stop after intermission. Public Comments None. Commissioner Comments Vice Chair Freeman and Commissioner Dawson spoke in support of approving the proposal. Chair Brassfield asked if there were any Code Enforcement issues at Paper Wing in its previous location. Mr. Flower suggested there were none. On a motion by Commissioner Reed, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission approved Use Permit Application UP-20-0215 to allow live entertainment and dancing at 711 Cannery Row: 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. Discuss Policy Guidance for Accessory Dwelling Units Ordinance Update to Comply with State Requirements and Policy Options (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Planning Commission Meeting Minutes Tuesday, November 10, 2020 2 DocuSign Envelope ID: 513A793D-FE29-419E-A0B4-301A90F2969F Planning Commission Minutes Tuesday, November 10, 2020 ACTION: Item discussed; guidance provided. Staff Presentation/Commissioner Questions Community Development Director Cole introduced the item and explained why it is being heard. Principal Planner Flower presented the Agenda Report and answered Commissioner questions. Chair Brassfield asked if State standards allow differentiation between neighborhoods. Mr. Flower stated objective design standards are allowed but ADUs and JADUs cannot undergo discretionary review. Vice Chair Freeman asked if current zoning would be preserved. Mr. Flower stated it would be preserved to the extent possible. Ms. Cole added that single family properties are now allowed to have a single family dwelling, an ADU, and a JADU, all on the same property. Chair Brassfield asked about minimum setbacks. Mr. Flower explained if you have an existing structure at the property line you are allowed to convert that space. Commissioner Millich asked if a separate entrance is required if an ADU is added in an existing entrance. Mr. Flower clarified it is required for both ADUs and JADUs. Commissioner Millich asked if ADA compliance could be required for ADUs and whether the ADA process could be applicable in separate and new or existing structures. Mr. Flower stated ADA compliance is encouraged but ADUs are not considered multifamily in terms of the building code. Commissioner Millich suggested leaving State Law as-is for now and later making ADA access mandatory. Mr. Flower stated nothing can be done to restrict people’s ability to build an ADU because if ADA is not mandated by State law it cannot be mandated in City Code. Commissioner Reed stated that would be possible only if a general law was in place requiring all home construction to require ADA access but that could be considered a deterrent. Commissioner Reed asked if ADUs must comply with zoning laws if their house is legal nonconforming. Mr. Flower stated that is correct, that same footprint can be used. Commissioner Reed expressed concern for parking issues, suggesting to incentivize keeping garages and adding ADUs above to alleviate parking issues and allowing more height to alleviate that problem. Commissioner Reed stated the bus stop map may not be accurate. Mr. Flower stated the source is a point file from Monterey-Salinas Transit (MST) and could be older or evolved. Chair Brassfield asked for future discussion regarding this. Mr. Flower stated he is happy to reexamine and verify the bus stop map. Commissioner Dawson asked if the 25-foot height for carriage houses only applies to R-3 zones and if ARC review would be required. Mr. Flower answered yes to the height question and that only design standards can apply. Commissioner Dawson shared concern for view Planning Commission Meeting Minutes Tuesday, November 10, 2020 3 DocuSign Envelope ID: 513A793D-FE29-419E-A0B4-301A90F2969F Planning Commission Minutes Tuesday, November 10, 2020 and privacy impacts if ARC review is not mandatory. Mr. Flower described the significance and benefits of implementing objective design standards and explained they could be in place to prevent privacy and view impacts. Chair Brassfield spoke in support of having objective design standards. Ms. Cole explained the objective design standards could operate as a checklist the Building Division would go through to ensure all ADUs are built under those standards. Mr. Flower suggested using form-based code to keep focus on how the form affects neighborhoods. Vice Chair Freeman stated R-1 would not be changed to R-2 or R-3 if certain rules are in place, and cited differences between adding an ADU and adding a guest house. Commissioner Latasa asked if proposed idea 2 would exclude carriage houses. Mr. Flower said it starts with the R-3 zones and may expand into other zones over time. Commissioner Latasa shared concern for view and privacy impacts caused by construction without ARC review and asked if it is possible to implement story poles. Mr. Flower stated story poles would not be necessary for ADUs but they could be implemented as an objective guideline. Ms. Cole explained there would be no remedy for ADU view impacts. Commissioner Latasa spoke in support of adding story poles as an objective design standard. Commissioner Latasa referenced CZ zones in the County with an 18-foot height limit, suggesting this is the perfect carriage house maximum height while 25 feet could result in bulk and proportion problems. Commissioner Reed posed questions regarding parking, height requirements, and view issues. The Commissioner also suggested almost all neighborhoods besides Fisherman Flats can build higher than 16 feet, and parking would have to be replaced in Fisherman Flats. Commissioner Reed spoke in support of creating objective design standards to include an 18-foot maximum height. Commissioner Latasa suggested the goal should be to maintain as much covered parking as possible while abiding by State law. Chair Brassfield spoke in support of an 18-foot maximum height. Mr. Flower explained the difference between having a single-story and having a carriage house with that same square footage and parking underneath; it would change the footprint and the amount of coverage on the lot. Commissioner Fletcher shared concern for parking and character issues, and suggested finding methods to minimize impacts in neighborhoods while adding residential density, taking care to create choices that mitigate the largest amount of potential problems. Mr. Flower mentioned people aim to add on to their house with the intent of conversion because State law clearly allows conversions but does not explain additions. Mr. Flower claimed the City’s best interest is to request transparency to allow the Building Division to understand intentions from the start. Ms. Cole explained a loophole to State law: an addition for an ADU is not allowed but people can apply for a single-family house addition to later convert it to an ADU. Chair Brassfield asked for verbiage setting standards that address this issue. Mr. Flower stated if someone wants to make an addition that will become an ADU or JADU, the City can require it to meet underlying zoning. Commissioner Fletcher spoke in support of this requirement. Chair Brassfield asked about maximum ADU height. Mr. Flower explained height above 16 feet would only be permitted in R-3 zones. Planning Commission Meeting Minutes Tuesday, November 10, 2020 4 DocuSign Envelope ID: 513A793D-FE29-419E-A0B4-301A90F2969F Planning Commission Minutes Tuesday, November 10, 2020 Commissioner Dawson referenced a public comment letter expressing concern for higher density populations. Commissioner Millich shared concern for subletting, explaining that if it is disallowed property owners would accept cash from renters and there would be no way to prove it is happening. Public Comments Emily Ham with Monterey Bay Economic Partnership spoke in support of the ADU initiative, asked if there are occupancy limits or requirements for ADUs, and asked about overcrowding requirements similar to multifamily requirements. Mr. Flower explained the City cannot determine the number of residents that can make up a family. Commissioner Comments Commissioner Reed asked if further direction is needed to craft language for the ordinance. Mr. Flower stated the airport safety zone is a good start, and asked if the preference is for him to make an ordinance and bring it back to the Commission for editing. Commissioner Fletcher spoke in support of this process. Commissioner Latasa asked if there is a way to utilize ADUs to provide low income housing. Commissioner Millich brought up the issue of water and where it would come from. Mr. Flower stated the Water District is pursuing the idea of giving the City of Monterey 20 acre-feet of water. Mr. Flower further explained the only way to make ADUs deed-restricted as affordable is if there is a resource to trade, and water has potential for this. Commissioner Latasa agreed there would need to be an incentive. Ms. Cole clarified the plan is for Mr. Flower to prepare the seven discussed concepts for the item’s return to Planning Commission. Chair Brassfield suggested including deed restriction in the regulations. Mr. Flower stated he will also provide more information about bus stops. Commissioner Millich requested information on how other cities on the Peninsula are reacting to the State mandated ADU laws. COMMISSIONER COMMENTS None. INFORMATIONAL REPORTS & STAFF COMMENTS Update received. ADJOURNMENT There being no further business, the meeting adjourned at 5:25 p.m. Planning Commission Meeting Minutes Tuesday, November 10, 2020 5 DocuSign Envelope ID: 513A793D-FE29-419E-A0B4-301A90F2969F Planning Commission Minutes Tuesday, November 10, 2020 Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday, November 10, 2020 6