Planning Commission Meeting

DocuSign Envelope ID: 9094BFA5-B999-49BD-BD6A-57BCFF226406 DRAFTMINUTES PLANNING COMMISSION CITY OF MONTEREY Tuesday, October 12, 2021 4:00 PM – 5:30 PM 7:00 PM – 11:00 PM COUNCIL CHAMBER AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Commissioners Present: Freeman, Reed*, Brassfield*, Dawson, Fletcher, Latasa (joined evening session at 7:29 p.m.), Millich* Commissioners Absent: None * Participated remotely by videoconference Staff Members Present: Community Development Director Cole, Senior Associate Planner Schmidt, Associate Planner Sabdo, Recording Secretary Cleary, Administrative Assistant Barrera ***Afternoon Session Agenda*** 4:00 p.m. – 5:30 p.m. CALL TO ORDER Chair Freeman called the meeting to order at 3:59 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. September 14, 2021 ACTION: Approved as submitted. On a motion by Vice Chair Reed, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission approved the September 14, 2021 PC Minutes as submitted: AYES: 6 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Fletcher, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Latasa RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS DocuSign Envelope ID: 9094BFA5-B999-49BD-BD6A-57BCFF226406 Planning Commission Minutes Tuesday October 12, 2021 None. PUBLIC HEARING 3. Consider 479 Pacific Street; Use Permit Application UP-21-0122 for a Massage Establishment; Applicant Haoduan Zhang; Owner Peter J. Coniglio; PC-D Zoning District; Commercial General Plan Designation; Exempt from CEQA per Article 19, Section 15301, Class 1 ACTION: Approved Use Permit application UP-21-0122 for a massage establishment at 479 Pacific Street Staff Presentation/Commissioner Questions Associate Planner Sabdo presented the Agenda Report and answered Commissioner questions. Commissioner Latasa inquired about the noticing process. Ms. Sabdo confirmed notices were posted on-site and mailed to property owners within a 300-foot radius of the project site. Public Comments Applicant Haoduan Zhang was present to answer questions. Commissioner Comments Commissioner Fletcher, Commissioner Latasa, and Commissioner Dawson spoke in support of approval. Commissioner Brassfield asked if there are less massage establishments now than in the past. Community Development Director Cole suggested there has been roughly one new massage establishment per year. Vice Chair Reed inquired about the approval process. Commissioner Latasa suggested public hearings provide opportunity to comment if neighbors see potential impacts. Ms. Cole explained that the process includes Police issuance of permits and licensure. Commissioner Millich spoke in favor of approval. On a motion by Commissioner Latasa, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission approved Use Permit application UP-21-0122 for a massage establishment at 479 Pacific Street pursuant to findings presented in the Agenda Report: AYES: 7 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Fletcher, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday October 12, 2021 2 DocuSign Envelope ID: 9094BFA5-B999-49BD-BD6A-57BCFF226406 Planning Commission Minutes Tuesday October 12, 2021 Ms. Cole explained two letters were received during the meeting, and encouraged Commissioners to view them during the break. ***End of Afternoon Session Agenda*** RECESS 5:30 p.m. The Planning Commission recessed at 4:22 p.m. and reconvened at 7:01 p.m. with Commissioner Latasa arriving at 7:29 pm. ***Evening Session Agenda*** 7:00 p.m. – 11:00 p.m. CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING (EVENING) 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, and Off-Street Loading Space (MCC 38-115 Schedule B and MCC 38-117); Applicant Adriana Cook, Arris Studio Architects; Owner Lakshmi Hotel Partners Inc.; Visitor Accommodation Facility Zoning District, Commercial General Plan Land Use Designation ACTION: Adopted a Mitigated Negative Declaration and approved 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 with off-street loading space at 2101 North Fremont Street in accordance with the presented findings and Staff Report, with added conditions to increase the wall height to 15 feet and limit construction hours to 8:00 a.m. to 5:00 p.m. Monday through Friday, 9:00 a.m. to 4:00 p.m. Saturday, and no construction on Sundays or holidays. Staff Presentation/Commissioner Questions Senior Associate Planner Schmidt presented the Agenda Report and answered Commissioner questions. Vice Chair Reed asked what specification is requiring the applicant to protect neighboring properties from North Fremont Street noise. Community Development Director Cole explained environmental impact from the building removal was examined including a supplemental noise report, which found no significant impact on noise. Commissioner Brassfield asked about the loading space. Mr. Schmidt specified that the loading zone would be for operational deliveries. Planning Commission Meeting Minutes Tuesday October 12, 2021 3 DocuSign Envelope ID: 9094BFA5-B999-49BD-BD6A-57BCFF226406 Planning Commission Minutes Tuesday October 12, 2021 Commissioner Latasa arrived at 7:29 p.m. Commissioner Millich suggested replacing the words should and could with shall for better enforceability, and asked how permanent noise would compare to existing noise at the site. Mr. Schmidt suggested the noise would be less than City requirements and similar to existing conditions. Ms. Cole asked if Commissioner Latasa heard the full presentation and Commissioner Latasa indicated he had. Commissioner Latasa asked if there is a maximum allowed height for the wall separating the hotel from the Mahrooms’ property. Mr. Schmidt explained that the Visitor Accommodation Facility (VAF) zone does not have a height requirement but it is subject to Architectural Review Committee (ARC) review. Commissioner Brassfield asked how the conflict between VAF zoning and neighborhood Specific Plans could be addressed. Adam Lindgren, Legal Counsel for the City, explained that the Charter controls and to harmonize the Specific Plan with the Charter the Council could elect to hold a public vote. Commissioner Brassfield asked about story poles. Ms. Cole explained that the Municipal Code does not require story poles for Use Permits, mentioned that the applicant provided renderings beyond the minimum submittal requirements, and specified that the City’s Building Official determined story poles or balloons installed at the site would be dangerous and unsafe. Chair Freeman asked if the noise control barrier would be temporary during construction. Ms. Cole explained that neighboring property owners hired a noise consultant who requested a 15- foot wall and suggested this could be a potential way to compromise between neighbors. Commissioner Latasa inquired about retaining wall requirements. Mr. Schmidt explained that the wall is for mitigating ambient traffic noises and hedges are proposed as a landscaping screen in the area between the project site and the neighboring multi-family structure. Applicant Applicant attorney Anthony Lombardo provided details on the project and City requirements, adding that the noise barrier could be constructed at the start of construction to provide noise attenuation and specifying the North Fremont Specific Plan does not apply to VAF properties. Public Comments Henry Ruhnke with Wald, Ruhnke & Dost Architects stated there is no height or size limit for hotels in VAF zones and requested simulations be provided in lieu of story poles with additional consideration to parking. Representing the Mahroom family, Derric Oliver requested a joint hearing between PC and ARC, suggested there is no employee parking, and requested project denial as proposed unless a joint hearing is held. Dianne Mahroom, neighboring property owner, suggested construction noise would be a detriment to the community, shared concerns of hotel guests potentially parking at the apartment complex, and requested construction hours or days be reduced. Planning Commission Meeting Minutes Tuesday October 12, 2021 4 DocuSign Envelope ID: 9094BFA5-B999-49BD-BD6A-57BCFF226406 Planning Commission Minutes Tuesday October 12, 2021 Laila Mahroom, neighboring property owner, shared concerns for building height, safety regarding the sidewalk, and security issues. Commissioner Comments Chair Freeman explained the PC would discuss issues relating only to the Mitigated Negative Declaration and the Use Permit, and requested a recess. Mr. Lindgren requested ten minutes. The Planning Commission recessed at 8:30 p.m. and reconvened at 8:42 p.m. Mr. Lindgren announced that since Commissioner Latasa arrived late to the presentation he should no longer participate in deliberation, and specified the conflict is not financial so he was not asked to leave. Commissioner Latasa apologized and recused himself from the item. Commissioner Dawson listed typos and requested they be corrected. Commissioner Fletcher suggested the proposal does a lot to mitigate hotel noises, stated photo representation could have been better than provided renderings, and spoke in favor of approval. Commissioner Dawson agreed and showed support for the Building Official’s decision to waive story pole requirements. Commissioner Millich spoke in favor of approval. Vice Chair Reed agreed that photo renderings might have been better, provided history on VAF zoning, suggested the proposed loading space would suffice, and spoke in support of the project as submitted. Chair Freeman suggested limiting construction hours to Monday through Friday to provide neighbors quiet weekends and recommended creating policies for story poles and photographic representation versus computer-generated graphics. Regarding the joint hearing request, Chair Freeman advocated for independent hearings as PC and ARC have separate purviews. Commissioner Brassfield spoke in support of approval, shared concerns regarding parking and the interface between commercial and adjacent sites, and suggested discussing story poles further. Mr. Lindgren mentioned the newly submitted Pak noise letter did not indicate construction noise would be significant or unmitigated without adopting the referenced bullet points, adding that mitigation measures were not provided and indicating the letter is not considered evidence of significant construction noise impact, particularly considering modifications the applicant has already prepared to accept. Planning Commission Meeting Minutes Tuesday October 12, 2021 5 DocuSign Envelope ID: 9094BFA5-B999-49BD-BD6A-57BCFF226406 Planning Commission Minutes Tuesday October 12, 2021 On a motion by Vice Chair Reed, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission adopted a Mitigated Negative Declaration to redevelop an existing 18-room hotel, restaurant and parking lot site with a new 42-room hotel and parking lot with off-street loading space at 2101 North Fremont Street in accordance with the presented findings and Staff Report, with added conditions to increase the wall height to 15 feet and limit construction hours to 8:00 a.m. to 5:00 p.m. Monday through Friday, 9:00 a.m. to 4:00 p.m. Saturday, and no construction on Sundays or holidays: AYES: 6 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Fletcher, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Latasa On a motion by Vice Chair Reed, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission approved 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 with off- street loading space at 2101 North Fremont Street in accordance with the presented findings and Staff Report, with added conditions to increase the wall height to 15 feet and limit construction hours to 8:00 a.m. to 5:00 p.m. Monday through Friday, 9:00 a.m. to 4:00 p.m. Saturday, and no construction on Sundays or holidays: AYES: 6 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Fletcher, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Latasa INFORMATIONAL REPORTS & STAFF COMMENTS Update received. COMMISSIONER COMMENTS None. ADJOURNMENT There being no further business, the meeting adjourned at 9:06 p.m. Planning Commission Meeting Minutes Tuesday October 12, 2021 6 DocuSign Envelope ID: 9094BFA5-B999-49BD-BD6A-57BCFF226406 Planning Commission Minutes Tuesday October 12, 2021 Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday October 12, 2021 7