Planning Commission Meeting

DocuSign Envelope ID: 8F2E79B6-F566-48DF-9C95-0328E634AF18 DRAFTMINUTES PLANNING COMMISSION July 27, 2021 4:00 PM – 5:30 PM 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, Senior Associate Planner Schmidt, Recording Secretary Cleary CALL TO ORDER Chair Brassfield called the meeting to order at 4:02 p.m. Recording Secretary Cleary provided information on how to participate and provide public comment live during the meeting. CONSENT ITEMS Approval of Minutes 2. June 22, 2021 ACTION: Approved as submitted. On a motion by Commissioner Reed, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission approved the June 22, 2021 PC Minutes as submitted: AYES: 6 COMMISSIONERS: Freeman, Dawson, Fletcher, Latasa, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Brassfield RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC HEARING 3. Consider Recommending an Ordinance to the City Council Adopting the First Amended Development Agreement for the Del Monte Beach Community Project (Environmental Impact Report Previously Certified) ACTION: Adopted a resolution recommending that the Monterey City Council adopt an Ordinance approving the first amended development agreement for the Del Monte Beach Community Project (Environmental Impact Report previously certified) as submitted in the Agenda Packet. Staff Presentation/Commissioner Questions DocuSign Envelope ID: 8F2E79B6-F566-48DF-9C95-0328E634AF18 Planning Commission Minutes Tuesday July 27, 2021 Senior Associate Planner Schmidt presented the Agenda Report and answered Commissioner questions. Vice Chair Freeman asked what would happen if the property owners do not apply for a Building and Safety permit before January 2022. Mr. Schmidt explained that the water allocation would be lost. Commissioner Latasa asked if some units are required to be affordable housing and at what cost. Community Development Director Cole explained that the City Council would be the final approving body for the financial terms but the argument is for an extended development agreement rather than a new one. Ms. Cole added that if there was a brand new subdivision of 12 units, 20% could be required to be affordable housing, however affordable housing is not a requirement of the original development agreement due to the loss of total development potential. Adam Lindgren, Legal Counsel for the City, specified that the consideration is to extend existing water allocations and not to issue new ones. Commissioner Millich asked to what extent salt water intrusion affects the buildability on-site and at what elevation the seawater would reach. Ms. Cole estimated that in 50 years the sea level would reach the lowest road on Del Monte Beach, and in another 50 to 100 years it would be further up the dune. Chair Brassfield asked why this is a City issue rather than a Water Authority issue. Ms. Cole explained that the City has an agreement at the site expiring January 2022, and specified that the proposal is to continue the water allocation through 2029 to allow development completion at the site. Ms. Cole clarified that eminent sea level rise will affect the Del Monte Beach townhomes but not the sites in question. Applicant John Bridges, on behalf of property owners Chi Hoang and Verl Siththanandan, suggested that in the aerial photo in Figure 1 of the Agenda Report, the two lots are surrounded by existing homes. Mr. Siththanandan expressed satisfaction for the proposal and was present to answer questions. Public Comments Laura Nagel, on behalf of property owners abutting 205 Dunecrest Lane, suggested that 205 Dunecrest Lane should receive the same type of agreement occurring at 20 and 22 Spray Avenue. Ms. Nagel mentioned the site’s plans have changed since initial approval and requested to review the plans. Commissioner Comments Commissioner Reed suggested the proposal seems straightforward and not controversial. Commissioner Latasa spoke in favor of approval and asked if there is a change to height limits allowed at the sites. Ms. Cole suggested that the amended development agreement continues to require the 16-foot maximum height at the lots in question. Planning Commission Meeting Minutes Tuesday July 27, 2021 2 DocuSign Envelope ID: 8F2E79B6-F566-48DF-9C95-0328E634AF18 Planning Commission Minutes Tuesday July 27, 2021 Chair Brassfield inquired about the lot at 205 Dunecrest Lane. Mr. Schmidt explained that there is currently an application for plan amendments at the site and the applicant will have to begin construction or extend their development agreement before it expires. Commissioner Latasa explained that 205 Dunecrest Lane is not part of the current review. On a motion by Commissioner Reed, seconded by Vice Chair Freeman, and carried by the following vote, the Planning Commission adopted a resolution recommending that the Monterey City Council adopt an Ordinance approving the first amended development agreement for the Del Monte Beach Community Project (Environmental Impact Report previously certified) as submitted in the Agenda Packet: 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 PUBLIC COMMENTS None. 4. 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 ACTION: Continued to August 24, 2021. Staff Presentation/Commissioner Questions Senior Associate Planner Schmidt presented the Agenda Report and answered Commissioner questions. Vice Chair Freeman asked what kind of foliage would separate the hotel from the apartment complex. Mr. Schmidt deferred to the applicant. Commissioner Reed asked if landscaping is within the PC’s purview or if the Architectural Review Committee (ARC) should discuss it. Chair Brassfield suggested that the screen may buffer sound impacts and separate residential from commercial, and asked if public comments referred to the barrier included in the previous study. Mr. Schmidt explained that the original design had barrier walls but not screening. Chair Brassfield asked if the North Fremont Specific Plan requires a barrier. Mr. Schmidt explained that the Specific Plan does not apply but the Visitor Accommodation Facility (VAF) zoning does recommend landscaping. Chair Brassfield asked if sound mitigation is viable at the site. Mr. Schmidt explained that part of Staff’s recommendation is to return with more information on potential sound impacts and determine what would be viable for mitigation. Planning Commission Meeting Minutes Tuesday July 27, 2021 3 DocuSign Envelope ID: 8F2E79B6-F566-48DF-9C95-0328E634AF18 Planning Commission Minutes Tuesday July 27, 2021 Commissioner Reed asked if the City’s legal determination is that VAF applies to the site and the North Fremont Specific Plan does not. Ms. Cole confirmed that is correct. Commissioner Latasa asked if VAF zoning allows the project to be at differing heights. Mr. Schmidt explained that there is no height limit in VAF zones but there is a density calculation that results in the number of stories allowed. Commissioner Latasa asked how the applicant made room for new landscaping. Mr. Schmidt clarified that the building was reduced in size. Commissioner Millich suggested taking public comment and applicant comments regarding only the continuance rather than accepting full presentations multiple times. Commissioner Fletcher, Commissioner Reed, and Chair Brassfield concurred. Mr. Lindgren explained that members of the public may choose to speak on the overall project if they desire to. Applicant Anthony Lombardo, representing applicant Vin Patel, suggested that the letter of opposition was submitted shortly before the hearing with a noise review containing no new information. Mr. Lombardo requested that the PC consider the application with a condition requiring a noise attenuation wall and requested that the project be continued to the soonest available hearing. Public Comments An anonymous commenter asked if it is possible to put a playground in the open space area for children who live in the area and whether that would increase the noise issues. Mr. Peterson mentioned he would submit written comments regarding the parking. Mary Pendlay emphasized concerns regarding water provisions for all 42 units, noise, sewers, and potential traffic impacts to Casa Verde Way. Henry Ruhnke, an architect not involved in the project, shared concerns for the building height and asked for clarification regarding what governs building height in the Specific Plan and VAF zones. Derric Oliver, Legal Counsel representing the Mahroom family, stated that noise is a significant issue raised by multiple neighbors, and agreed that the item should be continued for further review and analysis. Mr. Oliver requested that neighbors be informed of the project’s full mass. Dianne Mahroom, apartment manager at 445 Casa Verde Way, claimed that tenants are concerned with development impacts including noise during construction hours, dust, safety, rodents, traffic, and garbage. Ms. Mahroom requested to be treated sensitively by reducing construction hours. Laila Mahroom, on behalf of the 445 Casa Verde Way apartments, expressed concerns regarding noise and security issues and requested a higher wall be constructed as well as consideration for lighting the parking lot. Commissioner Comments Planning Commission Meeting Minutes Tuesday July 27, 2021 4 DocuSign Envelope ID: 8F2E79B6-F566-48DF-9C95-0328E634AF18 Planning Commission Minutes Tuesday July 27, 2021 Commissioner Millich moved to continue the item to August 24, 2021 for receipt of a noise study. Commissioner Reed requested a lesson on the VAF zone including why voters approved it and what it takes to modify, recommending that a better understanding is needed regarding VAF and how it differs from the North Fremont Specific Plan. Commissioner Reed seconded the motion and reiterated the request for additional information for the public. Vice Chair Freeman stated that the PC previously asked for information regarding the landscaping in terms of noise mitigation and privacy, and suggested the applicant provide the PC with more detail even though landscaping is usually a purview of the ARC. Commissioner Latasa agreed with Commissioner Reed regarding the VAF lesson and with Vice Chair Freeman regarding the landscaping, and asked for clarification regarding reasons for the proposed continuance. Ms. Cole explained that the public submitted new information and that the City would like to research further. Commissioner Millich asked how much time is being requested. Ms. Cole explained that the applicant requested to continue to August 24th, and specified the date would be contingent on a noise study. Commissioner Latasa supported the motion, stating the potential CEQA issue bears scrutiny. Chair Brassfield agreed with Commissioner Reed’s information request and Vice Chair Freeman’s statements that landscaping is pertinent to the noise issue. On a motion by Commissioner Millich, seconded by Commissioner Reed and carried by the following vote, the Planning Commission continued this item to August 24, 2021: 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 PUBLIC APPEARANCE 5. Confirm Annual Appointments for Chair and Vice Chair ACTION: Confirmed Sandy Freeman as Chair and Hansen Reed as Vice Chair. Staff Presentation/Commissioner Questions Community Development Director Cole presented the Agenda Report and answered Commissioner questions. Public Comments None. Planning Commission Meeting Minutes Tuesday July 27, 2021 5 DocuSign Envelope ID: 8F2E79B6-F566-48DF-9C95-0328E634AF18 Planning Commission Minutes Tuesday July 27, 2021 Commissioner Comments None. On a motion by Commissioner Millich, seconded by Commissioner Latasa and carried by the following vote, the Planning Commission confirmed Sandy Freeman as Chair and Hansen Reed as Vice Chair: 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 INFORMATIONAL REPORTS & STAFF COMMENTS Update received. COMMISSIONER COMMENTS Commissioner Reed requested that three-hour topics be agendized at 4:00-7:00 p.m. and suggested longer topics be heard at 7:00 p.m. instead of 4:00 p.m. Commissioner Millich showed preference for hearing longer items at 4:00-7:00 p.m. rather than 7:00-10:00 p.m. Commissioner Fletcher asked when meetings will be held in the Council Chambers. Ms. Cleary stated that the Planning Division’s public meetings will be in hybrid format beginning with ARC on August 04, 2021. Commissioner Reed asked if Commissioners can join remotely. Ms. Cole confirmed they can and specified that mask mandates may be in effect in-person. ADJOURNMENT There being no further business, the meeting adjourned at 5:44 p.m. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday July 27, 2021 6