Planning Commission Meeting

Name: Planning Commission Meeting — Monterey, CA
Start: 2021-09-14T16:00:00
End: 2021-09-14T18:00:00
Location: Monterey, CA

Regular Meeting

Monterey, CA · September 14, 2021

Agenda Minutes Packet

Minutes

DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 MINUTES PLANNING COMMISSION CITY OF MONTEREY Tuesday, September 14, 2021 4:00 PM – 5:30 PM COUNCIL CHAMBER AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Commissioners Present: Freeman, Reed*, Brassfield*, Dawson, Fletcher, Millich* Commissioners Absent: Latasa * Participated remotely by videoconference Staff Members Present: Community Development Director Cole, Chief Building Official Williamson, Recording Secretary Cleary CALL TO ORDER Chair Freeman 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. August 24, 2021 Commissioner Brassfield requested a change on packet page eight to specify his suggestion was to add in the ordinance that people applying should indicate they showed effort to save parking. Commissioner Dawson requested that height be changed to floor area where 850 and 1,000 square foot limits were referenced on packet page eight. Commissioner Dawson and Chair Freeman requested the word height be removed from the same page where replacement parking was discussed. ACTION: Approved as amended. On a motion by Commissioner Dawson, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission approved the August 24, 2021 PC Minutes as amended: AYES: 5 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Fletcher NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 1 COMMISSIONERS: Millich RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday September 14, 2021 PUBLIC COMMENTS Nancy Soulé, resident of lower Old Town, suggested that in a recent City parking survey, the question that should have been asked was how many units are in each lot and how many vehicles are associated with the lot. Ms. Cole clarified that the Parking Division of the City had circulated a parking survey. PUBLIC HEARING 3. Consider Recommending an Ordinance to the City Council Amending Chapter 38 of the City of Monterey Code Related to Accessory Dwelling Units (Statutorily Exempt from CEQA per Article 18, Sections 15061(b)(3), 15282(h) and Public Resources Code Section 21080.17) ACTION: Recommended an ordinance to the City Council amending Chapter 38 of the City of Monterey Code related to Accessory Dwelling Units, with the added exception that in R-3 zones ADUs are allowed by right at 16 feet and any structure above 16 feet to a maximum of 25 feet must have design review. Staff Presentation/Commissioner Questions Chair Freeman announced that this is the Planning Commission’s (PC’s) third time discussing Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), and explained the meeting focus is to consider amendments to the draft Ordinance to recommend to City Council. Community Development Director Cole presented the Agenda Report and answered Commissioner questions. Chair Freeman asked if owner-occupancy would be required and enforced retroactively if it becomes a requirement in 2025. Erin Lapeyrolerie, Legal Counsel for the City, explained that owner occupancy cannot be imposed on units that have already been created. Ms. Cole stated a correction to the Agenda Report and specified that an efficiency unit is 220 square feet and must have an efficiency kitchen, among other features, and is required for JADUs. Ms. Cole explained that the City cannot prevent installation of ADUs or JADUs on Mills Act properties but contracts could be cancelled if modifications are not consistent with Secretary of the Interior's Standards. Commissioner Fletcher asked how that could be regulated. Ms. Cole suggested that Planners could discuss potential impacts to Mills Act contracts with applicants as they apply for ADUs or JADUs. Vice Chair Reed inquired about attached and detached garages. Ms. Lapeyrolerie clarified that an ADU in an existing space is exempt from any additional design standards and specified an existing garage would be exempt. Planning Commission Meeting Minutes Tuesday September 14, 2021 2 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday September 14, 2021 Commissioner Brassfield inquired about building materials for an attached garage conversion. Ms. Cole explained that in the current checklist (section h.iii) states new construction cannot match the existing historic building while section h.iv states that any new exterior door for the ADU shall be located at the back of the structure such that the new door is not facing the front yard. Ms. Cole announced a letter was received five minutes before 4:00 p.m. and asked how the PC preferred to address it. Vice Chair Reed summarized the letter, indicating the main concern is height limit. Chair Freeman mentioned height limits would be discussed. Public Comments Nancy Soulé, resident of Lower Old Town, requested keeping a 25-foot height limit and only allowing height increases by exception. Ms. Soulé shared concerns regarding parking and traffic flow impacts, citing safety, emergency access, and reduced parking from converted garages. Commissioner Comments Vice Chair Reed suggested setting a height standard at 16 feet with design review if a higher structure is proposed. Commissioner Millich asked if this would apply only for R-3 zones. Vice Chair Reed mentioned it could be for the R-3 zone. Ms. Lapeyrolerie confirmed the City could set a minimum standard with design review for anything higher. Commissioners Dawson and Millich spoke in support of the suggestion. Commissioner Freeman suggested amending the ordinance to set the standard to a 16-foot height and if in the R-3 zone an owner wants to go higher they would have to apply for Planning review. Ms. Cole suggested specifying an Architectural Review permit shall be required if the proposed ADU is above 16 feet. Commissioner Fletcher and Chair Freeman spoke in support of the amendment. Commissioner Dawson asked where replacement parking is required. Ms. Cole clarified and explained that the challenge is most sites are located within one-half mile walking distance to a public transit stop and are exempt from providing parking. Commissioner Dawson expressed concern for potential impacts when parking is not required for ADUs. Commissioner Fletcher suggested being as conservative as possible regarding parking. Chair Freeman agreed. Chair Freeman suggested that g.i provides all the flexibility needed for parking. Vice Chair Reed suggested the likelihood of having additional parking required is almost none, as Fisherman’s Flats is the only area not exempt from providing parking. Vice Chair Reed made a motion. Commissioner Fletcher spoke in support of being as conservative as possible to limit impacts. Chair Freeman agreed. On a motion by Vice Chair Reed, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission recommended an ordinance to the City Council amending Chapter 38 of the City of Monterey Code related to Accessory Dwelling Units, with the added exception that in R-3 zones ADUs are allowed by right at 16 feet and any structure above 16 feet to a maximum of 25 feet must have design review: Planning Commission Meeting Minutes Tuesday September 14, 2021 3 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday September 14, 2021 AYES: 6 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Fletcher, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None INFORMATIONAL REPORTS & STAFF COMMENTS Update received. COMMISSIONER COMMENTS None. ADJOURNMENT There being no further business, the meeting adjourned at 5:25 p.m. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday September 14, 2021 4

Agenda

Planning Commission Commissioners Agenda Sandra Freeman, Chair Hansen Reed, Vice Chair AFTERNOON SESSION ONLY Mike Brassfield Mike Dawson Tuesday, September 14, 2021 Daniel Fletcher Terry Latasa COUNCIL CHAMBER AND 4:00 PM – 7:00PM Stephen Millich ZOOMGOV TELECONFERENCE Monterey, California IMPORTANT NOTICE: The City of Monterey is committed to safe public meeting attendance and continues to offer virtual options for public participation. Governor Newsom's Executive Order N-29-20 remains in effect, providing greater flexibility for agencies holding public meetings during the COVID-19 (coronavirus) pandemic. BEFORE THIS MEETING, members of the public may submit comment(s) to planning@monterey.org until ½ hour before the start of the meeting. These messages are not read aloud during the meeting but are made available to the Planning Commission and public at monterey.org/submitted-comments. All comments received become part of the record. DURING EACH MEETING: Join the ZoomGov Webinar to participate or watch the meeting live (no time delay):  On a computer or smartphone: https://monterey-org.zoomgov.com/j/1619908039  Or by telephone: 833-568-8864 (Toll Free) or 669-254-5252 (Campbell, CA) or 646-828-7666 (New York, NY). If one does not work, please try another. o Enter Webinar ID: 161 990 8039 # o If prompted to enter a participant ID, press #  Need more help or seeking guidance on making public comments? Read our ZoomGov Meeting Instructions. Meetings are also streamed live on https://www.youtube.com/user/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). FIELD TRIP The Planning Commission will not conduct a field trip to review the September 14, 2021 PC meeting agenda. For more information, call (831) 646-3885. Date Posted: September 10, 2021 ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER 1. Meeting Procedures 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 24, 2021 ***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. Consider Recommending an Ordinance to the City Council Amending Chapter 38 of the City of Monterey Code Related to Accessory Dwelling Units (Statutorily Exempt from CEQA per Article 18, Sections 15061(b)(3), 15282(h) and Public Resouces Code Section 21080.17) 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 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. 4. 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. Planning Commission 9/14/2021 4:00:00 PM 2 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 assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device. MORE INFORMATION IS AVAILABLE BY CALLING 646-3885 Planning Commission 9/14/2021 4:00:00 PM 3

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