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Planning Commission Meeting

Regular Meeting

Monterey, CA · May 25, 2021

AgendaMinutesPacket

Minutes

DocuSign Envelope ID: D3515793-F392-42B3-97DC-121373702AFE MINUTES PLANNING COMMISSION May 25, 2021 4:00 PM – 5:30 PM 7:00 PM – 11:00 PM TELECONFERENCE 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Brassfield, Freeman, Dawson, Fletcher (arrived at 5:07 p.m.) Latasa, Millich Commissioners Absent: Reed Staff Members Present: Community Development Director Cole, Associate Planner Sabdo, Recording Secretary Cleary, Administrative Assistant Ziel ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER Chair Brassfield called the meeting to order at 4:00 p.m. and Administrative Assistant Ziel provided information on how to participate and provide public comment during the meeting. CONSENT ITEMS Approval of Minutes 2. May 11, 2021 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 May 11, 2021 Minutes as submitted: AYES: 5 COMMISSIONERS: Brassfield, Freeman, Dawson, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Fletcher, Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC COMMENTS None. ***End of Consent Agenda*** PUBLIC HEARING DocuSign Envelope ID: D3515793-F392-42B3-97DC-121373702AFE Planning Commission Minutes Tuesday May 25, 2021 3. Consider Appeal of 426 Cortes Street; AP-20-0274 Appealing the Historic Preservation Commission Denial (Resolution H20-016) of HP-20-0231 to Remove the Property from the Downtown Area Historic Context Statement and Reconnaissance Survey List; Appellant Kyle Chernetsky; Owner Monterey PM Investments LLC; PC-D-ES Zoning District; Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15305, Class 5 ACTION: Approved appeal of 426 Cortes Street; AP-20-0274 appealing the Historic Preservation Commission denial (Resolution H20-016) of HP-20-0231 to remove the property from the Downtown Area Historic Context Statement and Reconnaissance Survey List, with the following sentence added in parentheses after Finding Six to the Resolution: “Although the HPC did not have the benefit of the Meg Clovis peer review at the time of their decision.” Staff Presentation/Commissioner Questions Commissioner Fletcher joined the Zoom teleconference at 5:07 p.m. Associate Planner Sabdo presented the Agenda Report and answered Commissioner questions. Meg Clovis, Architectural Historian consulting for the City of Monterey, shared details regarding the history and style of the building, concluding that there are not enough distinctive characteristics or architectural integrity to consider the property historically significant. Commissioner Latasa asked clarifying questions regarding a de novo hearing. Ms. Cole explained additional evidence can be provided at every level of appeal. Chair Brassfield asked why the Historic Preservation Commission (HPC) initially denied the proposal. Ms. Cole explained that the HPC determined changes made to the property were not significant and that the property is integral to a particular district. Jerilynn Smith-Crivello, current Vice Chair of the HPC, specified the proposal was initially denied on the basis that the house contributes to the district’s historicity, and explained the HPC believed that historical upkeep of the building was maintained. Applicant Anthony Lombardo, Attorney for Appellant Kyle Chernetsky, explained the applicant’s reasons for appealing the HPC decision, stating that every Historical professional who has analyzed the report has deemed the property not historic. Mr. Lombardo suggested changes made to the property have not maintained the historic aspects of the property. Public Comments None. Commissioner Comments Vice Chair Freeman spoke in support of reconstruction, emphasizing that the historical analyses are thorough and set a good precedent for evaluating properties as housing expands in the City. Planning Commission Meeting Minutes Tuesday May 25, 2021 2 DocuSign Envelope ID: D3515793-F392-42B3-97DC-121373702AFE Planning Commission Minutes Tuesday May 25, 2021 Commissioner Latasa spoke in support of approving the appeal, complimenting the process and Staff for the peer review. Commissioner Dawson thanked the City for having Meg Clovis research the site and spoke in support of granting the appeal based on historian insight. Commissioner Millich agreed. Chair Brassfield commended the work done by Staff and historians, thanked Commissioners for sharing their thoughts, and asked what alterations would be necessary for the site to be rendered historic. Ms. Cole explained that requirements vary, and provided examples. Chair Brassfield spoke in support of approving the appeal. Commissioner Latasa made a motion to approve the appeal with an adjustment in the sixth finding to specify the HPC did not have the benefit of the peer report when their decision was made. Ms. Cole suggested alternate wording to remove the word “error” from finding six. Commissioner Latasa requested the substitution. Commissioner Millich suggested considering leaving the sentence as-is based on verbiage in the City Code. Ms. Cole suggested adding verbiage to specify the additional evidence was added after HPC review. Commissioner Latasa agreed with Commissioner Millich and requested the following sentence be added in parentheses after Finding Six to the resolution: “Although the HPC did not have the benefit of the Meg Clovis peer review at the time of their decision.” On a motion by Commissioner Latasa, seconded by Vice Chair Freeman and carried by the following vote, the Planning Commission approved the appeal of 426 Cortes Street; AP-20- 0274 appealing the Historic Preservation Commission denial (Resolution H20-016) of HP-20- 0231 to remove the property from the Downtown Area Historic Context Statement and Reconnaissance Survey List, with the following sentence added in parentheses after Finding Six to the Resolution: ”Although the HPC did not have the benefit of the Meg Clovis peer review at the time of their decision.”: AYES: 6 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. Consider Appeal of 430 & 432 Cortes Street; AP-20-0275 Appealing the Historic Preservation Commission Denial (Resolution H20-017) of HP-20-0232 to Remove the Property from the Downtown Area Historic Context Statement and Reconnaissance Survey List; Appellant Kyle Chernetsky; Owner Monterey PM Investments LLC; PC-D-ES Zoning District; Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15305, Class 5 ACTION: Approved appeal of 430 & 432 Cortes Street; AP-20-0275 appealing the Historic Preservation Commission denial (Resolution H20-017) of HP-20- 0232 to remove the property from the Downtown Area Historic Context Statement and Reconnaissance Survey List, with the following sentence added in parentheses after Finding Six to the Resolution: “Although the HPC Planning Commission Meeting Minutes Tuesday May 25, 2021 3 DocuSign Envelope ID: D3515793-F392-42B3-97DC-121373702AFE Planning Commission Minutes Tuesday May 25, 2021 did not have the benefit of the Meg Clovis peer review at the time of their decision.” Staff Presentation/Commissioner Questions Associate Planner Sabdo presented the Agenda Report and answered Commissioner questions. Meg Clovis stated that the eligibility thresholds were not met for individual listing on Pearl Street, explaining that contributors must have integrity and this building does not have integrity, therefore it should be removed from the list. Applicant Anthony Lombardo, Attorney for Appellant Kyle Chernetsky, explained the applicant’s reasons for requesting removal from the Historic Downtown Area Historic Context Statement and Reconnaissance Survey List, and requested that the PC approve the appeal. Public Comments Ms. Smith-Crivello was present to represent the HPC and answer questions regarding their decision. Commissioner Comments Commissioner Dawson asked Meg Clovis what her response would be if the PC saw the buildings as historic. Ms. Clovis explained that Mills Act properties must both be significant and have integrity; once integrity is lost it does not return. Chair Brassfield asked if there is a zoning designation for worker housing. Ms. Cole explained that the current zoning code classifies housing as either single-family or multi-family residential, and that multi-family can come in many different forms. Ms. Cole added that other than deed-restricted affordable housing the City does not have another housing classification. Vice Chair Freeman moved to approve the appeal, adding the same ending commentary stating that new information from Ms. Clovis was present at the PC meeting and not at HPC. Commissioner Fletcher seconded the motion. Commissioner Latasa spoke in support of the motion and the City’s approach to historic resources, and indicated that the HPC did not have either the Kirk or Clovis letters when their decision was made. On a motion by Vice Chair Freeman, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission approved appeal of 430 & 432 Cortes Street; AP-20- 0275 appealing the Historic Preservation Commission denial (Resolution H20-017) of HP-20- 0232 to remove the property from the Downtown Area Historic Context Statement and Reconnaissance Survey List, with the following sentence added in parentheses after Finding Six to the Resolution: ”Although the HPC did not have the benefit of the Meg Clovis peer review at the time of their decision.”: AYES: 6 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed Planning Commission Meeting Minutes Tuesday May 25, 2021 4 DocuSign Envelope ID: D3515793-F392-42B3-97DC-121373702AFE Planning Commission Minutes Tuesday May 25, 2021 ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None The Planning Commission recessed at 5:13 p.m. and reconvened at 7:00 p.m., with Commissioner Reed absent. Recording Secretary Cleary provided information on how to participate and provide public comment live during the meeting ***Evening Session Agenda*** CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING (EVENING) 5. Consider 2101 North Fremont Street; Adoption of a Mitigated Negative Declaration and Approval of Use Permit UP-20-0227 to Redevelop an Existing 18-Room Hotel, Restaurant and Parking Lot Site with a New 42-Room Hotel and Parking Lot; Applicant Adriana Cook, Arris Studio Architects; Owner Lakshmi Hotel Partners Inc; Visitor Accommodation Facility Zoning District, Commercial General Plan Land Use Designation [Continued from April 27, 2021 PC Hearing] ACTION: Continued item to June 08, 2021. Staff Presentation/Commissioner Questions Community Development Director Cole explained that the applicant of item 5 at 2101 North Fremont Street had requested a continuance. On a motion by Commissioner Dawson, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission continued this item to June 08, 2021: AYES: 6 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None INFORMATIONAL REPORTS & STAFF COMMENTS Update received. COMMISSIONER COMMENTS Planning Commission Meeting Minutes Tuesday May 25, 2021 5 DocuSign Envelope ID: D3515793-F392-42B3-97DC-121373702AFE Planning Commission Minutes Tuesday May 25, 2021 Commissioner Latasa requested to agendize consideration of forming a subcommittee that meets twice each year to examine sea level rise issues. Chair Brassfield agreed, describing that by 2030 Del Monte Avenue will be under water. Commissioner Latasa suggested methods of data collection and asked to formalize the discussion. Ms. Cole requested to revisit the topic at a future PC meeting. ADJOURNMENT There being no further business, the meeting adjourned at 7:16 p.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday May 25, 2021 6

Agenda

DocuSign Envelope ID: D3515793-F392-42B3-97DC-121373702AFE MINUTES PLANNING COMMISSION May 25, 2021 4:00 PM – 5:30 PM 7:00 PM – 11:00 PM TELECONFERENCE 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Brassfield, Freeman, Dawson, Fletcher (arrived at 5:07 p.m.) Latasa, Millich Commissioners Absent: Reed Staff Members Present: Community Development Director Cole, Associate Planner Sabdo, Recording Secretary Cleary, Administrative Assistant Ziel ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER Chair Brassfield called the meeting to order at 4:00 p.m. and Administrative Assistant Ziel provided information on how to participate and provide public comment during the meeting. CONSENT ITEMS Approval of Minutes 2. May 11, 2021 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 May 11, 2021 Minutes as submitted: AYES: 5 COMMISSIONERS: Brassfield, Freeman, Dawson, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Fletcher, Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC COMMENTS None. ***End of Consent Agenda*** PUBLIC HEARING DocuSign Envelope ID: D3515793-F392-42B3-97DC-121373702AFE Planning Commission Minutes Tuesday May 25, 2021 3. Consider Appeal of 426 Cortes Street; AP-20-0274 Appealing the Historic Preservation Commission Denial (Resolution H20-016) of HP-20-0231 to Remove the Property from the Downtown Area Historic Context Statement and Reconnaissance Survey List; Appellant Kyle Chernetsky; Owner Monterey PM Investments LLC; PC-D-ES Zoning District; Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15305, Class 5 ACTION: Approved appeal of 426 Cortes Street; AP-20-0274 appealing the Historic Preservation Commission denial (Resolution H20-016) of HP-20-0231 to remove the property from the Downtown Area Historic Context Statement and Reconnaissance Survey List, with the following sentence added in parentheses after Finding Six to the Resolution: “Although the HPC did not have the benefit of the Meg Clovis peer review at the time of their decision.” Staff Presentation/Commissioner Questions Commissioner Fletcher joined the Zoom teleconference at 5:07 p.m. Associate Planner Sabdo presented the Agenda Report and answered Commissioner questions. Meg Clovis, Architectural Historian consulting for the City of Monterey, shared details regarding the history and style of the building, concluding that there are not enough distinctive characteristics or architectural integrity to consider the property historically significant. Commissioner Latasa asked clarifying questions regarding a de novo hearing. Ms. Cole explained additional evidence can be provided at every level of appeal. Chair Brassfield asked why the Historic Preservation Commission (HPC) initially denied the proposal. Ms. Cole explained that the HPC determined changes made to the property were not significant and that the property is integral to a particular district. Jerilynn Smith-Crivello, current Vice Chair of the HPC, specified the proposal was initially denied on the basis that the house contributes to the district’s historicity, and explained the HPC believed that historical upkeep of the building was maintained. Applicant Anthony Lombardo, Attorney for Appellant Kyle Chernetsky, explained the applicant’s reasons for appealing the HPC decision, stating that every Historical professional who has analyzed the report has deemed the property not historic. Mr. Lombardo suggested changes made to the property have not maintained the historic aspects of the property. Public Comments None. Commissioner Comments Vice Chair Freeman spoke in support of reconstruction, emphasizing that the historical analyses are thorough and set a good precedent for evaluating properties as housing expands in the City. Planning Commission Meeting Minutes Tuesday May 25, 2021 2 DocuSign Envelope ID: D3515793-F392-42B3-97DC-121373702AFE Planning Commission Minutes Tuesday May 25, 2021 Commissioner Latasa spoke in support of approving the appeal, complimenting the process and Staff for the peer review. Commissioner Dawson thanked the City for having Meg Clovis research the site and spoke in support of granting the appeal based on historian insight. Commissioner Millich agreed. Chair Brassfield commended the work done by Staff and historians, thanked Commissioners for sharing their thoughts, and asked what alterations would be necessary for the site to be rendered historic. Ms. Cole explained that requirements vary, and provided examples. Chair Brassfield spoke in support of approving the appeal. Commissioner Latasa made a motion to approve the appeal with an adjustment in the sixth finding to specify the HPC did not have the benefit of the peer report when their decision was made. Ms. Cole suggested alternate wording to remove the word “error” from finding six. Commissioner Latasa requested the substitution. Commissioner Millich suggested considering leaving the sentence as-is based on verbiage in the City Code. Ms. Cole suggested adding verbiage to specify the additional evidence was added after HPC review. Commissioner Latasa agreed with Commissioner Millich and requested the following sentence be added in parentheses after Finding Six to the resolution: “Although the HPC did not have the benefit of the Meg Clovis peer review at the time of their decision.” On a motion by Commissioner Latasa, seconded by Vice Chair Freeman and carried by the following vote, the Planning Commission approved the appeal of 426 Cortes Street; AP-20- 0274 appealing the Historic Preservation Commission denial (Resolution H20-016) of HP-20- 0231 to remove the property from the Downtown Area Historic Context Statement and Reconnaissance Survey List, with the following sentence added in parentheses after Finding Six to the Resolution: ”Although the HPC did not have the benefit of the Meg Clovis peer review at the time of their decision.”: AYES: 6 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. Consider Appeal of 430 & 432 Cortes Street; AP-20-0275 Appealing the Historic Preservation Commission Denial (Resolution H20-017) of HP-20-0232 to Remove the Property from the Downtown Area Historic Context Statement and Reconnaissance Survey List; Appellant Kyle Chernetsky; Owner Monterey PM Investments LLC; PC-D-ES Zoning District; Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15305, Class 5 ACTION: Approved appeal of 430 & 432 Cortes Street; AP-20-0275 appealing the Historic Preservation Commission denial (Resolution H20-017) of HP-20- 0232 to remove the property from the Downtown Area Historic Context Statement and Reconnaissance Survey List, with the following sentence added in parentheses after Finding Six to the Resolution: “Although the HPC Planning Commission Meeting Minutes Tuesday May 25, 2021 3 DocuSign Envelope ID: D3515793-F392-42B3-97DC-121373702AFE Planning Commission Minutes Tuesday May 25, 2021 did not have the benefit of the Meg Clovis peer review at the time of their decision.” Staff Presentation/Commissioner Questions Associate Planner Sabdo presented the Agenda Report and answered Commissioner questions. Meg Clovis stated that the eligibility thresholds were not met for individual listing on Pearl Street, explaining that contributors must have integrity and this building does not have integrity, therefore it should be removed from the list. Applicant Anthony Lombardo, Attorney for Appellant Kyle Chernetsky, explained the applicant’s reasons for requesting removal from the Historic Downtown Area Historic Context Statement and Reconnaissance Survey List, and requested that the PC approve the appeal. Public Comments Ms. Smith-Crivello was present to represent the HPC and answer questions regarding their decision. Commissioner Comments Commissioner Dawson asked Meg Clovis what her response would be if the PC saw the buildings as historic. Ms. Clovis explained that Mills Act properties must both be significant and have integrity; once integrity is lost it does not return. Chair Brassfield asked if there is a zoning designation for worker housing. Ms. Cole explained that the current zoning code classifies housing as either single-family or multi-family residential, and that multi-family can come in many different forms. Ms. Cole added that other than deed-restricted affordable housing the City does not have another housing classification. Vice Chair Freeman moved to approve the appeal, adding the same ending commentary stating that new information from Ms. Clovis was present at the PC meeting and not at HPC. Commissioner Fletcher seconded the motion. Commissioner Latasa spoke in support of the motion and the City’s approach to historic resources, and indicated that the HPC did not have either the Kirk or Clovis letters when their decision was made. On a motion by Vice Chair Freeman, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission approved appeal of 430 & 432 Cortes Street; AP-20- 0275 appealing the Historic Preservation Commission denial (Resolution H20-017) of HP-20- 0232 to remove the property from the Downtown Area Historic Context Statement and Reconnaissance Survey List, with the following sentence added in parentheses after Finding Six to the Resolution: ”Although the HPC did not have the benefit of the Meg Clovis peer review at the time of their decision.”: AYES: 6 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed Planning Commission Meeting Minutes Tuesday May 25, 2021 4 DocuSign Envelope ID: D3515793-F392-42B3-97DC-121373702AFE Planning Commission Minutes Tuesday May 25, 2021 ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None The Planning Commission recessed at 5:13 p.m. and reconvened at 7:00 p.m., with Commissioner Reed absent. Recording Secretary Cleary provided information on how to participate and provide public comment live during the meeting ***Evening Session Agenda*** CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING (EVENING) 5. Consider 2101 North Fremont Street; Adoption of a Mitigated Negative Declaration and Approval of Use Permit UP-20-0227 to Redevelop an Existing 18-Room Hotel, Restaurant and Parking Lot Site with a New 42-Room Hotel and Parking Lot; Applicant Adriana Cook, Arris Studio Architects; Owner Lakshmi Hotel Partners Inc; Visitor Accommodation Facility Zoning District, Commercial General Plan Land Use Designation [Continued from April 27, 2021 PC Hearing] ACTION: Continued item to June 08, 2021. Staff Presentation/Commissioner Questions Community Development Director Cole explained that the applicant of item 5 at 2101 North Fremont Street had requested a continuance. On a motion by Commissioner Dawson, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission continued this item to June 08, 2021: AYES: 6 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None INFORMATIONAL REPORTS & STAFF COMMENTS Update received. COMMISSIONER COMMENTS Planning Commission Meeting Minutes Tuesday May 25, 2021 5 DocuSign Envelope ID: D3515793-F392-42B3-97DC-121373702AFE Planning Commission Minutes Tuesday May 25, 2021 Commissioner Latasa requested to agendize consideration of forming a subcommittee that meets twice each year to examine sea level rise issues. Chair Brassfield agreed, describing that by 2030 Del Monte Avenue will be under water. Commissioner Latasa suggested methods of data collection and asked to formalize the discussion. Ms. Cole requested to revisit the topic at a future PC meeting. ADJOURNMENT There being no further business, the meeting adjourned at 7:16 p.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday May 25, 2021 6

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