Planning Commission Meeting

DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 MINUTES PLANNING COMMISSION CITY OF MONTEREY October 26, 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, Millich* (arrived at 4:07 p.m.) Commissioners Absent: None * Attended remotely by teleconference in afternoon and evening ** Attended remotely by teleconference in evening only Staff Members Present: Community Development Director Cole, 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 4:00 p.m. Administrative Assistant Barrera provided information to the public on how to participate and provide public comment during the meeting. CONSENT ITEMS Approval of Minutes 2. September 14, 2021 Recording Secretary Cleary announced that the minutes included in the Agenda Packet had previously been approved, adding that the October 12, 2021 PC minutes would be added to the next Agenda Packet for a vote of approval. ACTION: No action taken. PUBLIC COMMENTS None. ***End of Consent Agenda*** PUBLIC HEARING 3. Consider Recommending an Ordinance to the City Council Adopting the Second Amended Development Agreement for the Del Monte Beach Community Project (Environmental Impact Report Previously Certified) DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday October 26, 2021 ACTION: Recommended an Ordinance to the City Council adopting the second amended development agreement for the Del Monte Beach Community Project pursuant to the findings and conditions presented in the Agenda Report, with a change to recital F that the second sentence be deleted regarding the Council hearing that has not occurred yet. Staff Presentation/Commissioner Questions Community Development Director Cole presented the Agenda Report and answered Commissioner questions. Staff proposed an amendment to recital F that the second sentence be deleted regarding the Council hearing that has not occurred yet. Commissioner Millich joined the meeting at 4:07 p.m. and abstained from the item. Commissioner Brassfield requested clarification regarding water credits. Ms. Cole provided details, specifying that the water credits were reserved in 2001 and the agreement expires in January 2022. Commissioner Latasa inquired about page 23 of the agreement. Ms. Cole introduced Adam Lindgren, the City’s legal counsel. Mr. Lindgren explained that when City Council reviewed this item it was indicated that if Ms. Frederick came forward similar terms would be offered, and added that the Planning Commission must determine consistency with the General Plan. Mr. Lindgren stated it is within the Council’s authority to decide the substantive points of the development agreement and neighbors would benefit because the agreement would provide assurance that the neighborhood will be built as planned. Chair Freeman asked if Ms. Frederick submitted an application for amendments to the existing development agreement but does not agree with the recommended amendment. She questioned what would happen if this goes to City Council and the amendments are consistent with the General Plan. Ms. Cole stated Ms. Frederick filed and the application and the City is providing her an opportunity to sign the Development Agreement because if the existing agreement expires Ms. Frederick’s property will be at considerable risk. Ms. Cole added that Ms. Frederick should have the same opportunity as the property owners on Spray Avenue received. Mr. Lindgren stated that it will ultimately be Ms. Frederick’s decision to sign the agreement and specified that the item was brought to Planning Commission because of the fast- approaching deadline. Chair Freeman asked if the lot will become vacant if Ms. Frederick opts out of the agreement. Mr. Lindgren said the Development Agreement vests the zoning and specific design considerations including height, design consistency, and reserved water credits, and added that current limitations and zoning would lose this vested right and be subject to change or perhaps result in automatic changes. Public Comments None. Commissioner Comments Planning Commission Meeting Minutes Tuesday October 26, 2021 2 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday October 26, 2021 Commissioner Dawson highlighted a typo on packet page twelve. He also mentioned that the amendments seem straightforward, and confirmed the City is reaching out to the property owner to respond before the agreement expires. Chair Freeman asked when the agreement expires. Ms. Cole stated the item is tentatively scheduled for City Council on November 16, 2021 and clarified Ms. Frederick could withdraw the application but the amendment must be signed prior to expiration in January 2022. On a motion by Vice Chair Reed, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission recommended an Ordinance to the City Council adopting the second amended development agreement for the Del Monte Beach Community Project pursuant to the findings and conditions presented in the Agenda Report with a change to recital F that the second sentence be deleted regarding the Council hearing that has not occurred yet: AYES: 6 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Fletcher, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Millich RECUSED: 0 COMMISSIONERS: None 4. Consider 580 Calle Principal; Application TM-21-0120 to Rezone H-1 Historic Landmark Overlay Zoning; Applicant Merritt Hawley of MAP Architect; Owner Blake Matheson, Raven’s Path; PC-D Zoning District; Commercial General Plan Designation; Exempt from CEQA per Article 19, Sections 15305, 15331, Classes 5, 31 ACTION: Approved a Resolution Recommending that the City Council adopt an Ordinance to Rezone the Property as a Landmark Historic Resource from PC-D to PC-D-H-1 Staff Presentation/Commissioner Questions Community Development Director Cole presented the Agenda Report and answered Commissioner questions. Applicant Applicant Merritt Hawley was present to answer Commissioner questions. Chair Freeman asked if the property already holds historic designation. Ms. Hawley clarified the property was not previously designated and said the owners are new as of 2020. Chair Freeman is surprised that the property is not already considered historic. Commissioner Latasa asked what novelty wood siding is. Ms. Hawley is unsure. Public Comments Michael Groves with EMC Planning Group urged the PC to approve historic designation at the property. Planning Commission Meeting Minutes Tuesday October 26, 2021 3 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday October 26, 2021 Commissioner Comments Commissioner Fletcher is in support. Commissioner Latasa enjoyed reading about the site’s history. Commissioner Brassfield agreed, we can see our history and appreciate it. Commissioner Dawson said he has been in that building and it’s the real deal. He explained that the structure is attached to Gutierrez Adobe and the owner married the daughter next- door. Chair Freeman expressed that the property completes a block where almost every building are adobes that are still in use today and haven’t been moved to a site. Chair Freeman said Monterey has been compared favorably to Santa Barbara, where they moved all of their adobes to one City site. In Monterey, all of the buildings are located in more or less their original sites. Vice Chair Reed has no comments but favors approval. On a motion by Commissioner Dawson, seconded by Commissioner Latasa and carried by the following vote, the Planning Commission approved a Resolution recommending that the City Council adopt an Ordinance to rezone the property as a landmark historic resource from PC-D to PC-D-H-1: 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 5. Consider 301 Casa Verde Way; Variance Application VA-20-0257 to Allow Installation of Fencing Along the Front and Side Property Lines and Fencing for a Trash Enclosure That Exceeds the 4-Foot Height Limit for this Reverse Corner Lot; Applicant Steve Mickel with Mickel Construction Inc; Property Owner Thomas Cutino; Residential Medium Density Multifamily Dwelling (R-3) Zoning District; Medium Density Residential General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 ACTION: Continued to the November 9, 2021 Planning Commission Meeting Staff Presentation/Commissioner Questions Community Development Director Cole announced that the project applicant requested this item be continued to the November 9, 2021 Planning Commission meeting. Public Comments None. Commissioner Comments None. Planning Commission Meeting Minutes Tuesday October 26, 2021 4 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday October 26, 2021 On a motion by Commissioner Dawson, seconded by Vice Chair Reed and carried by the following vote, the Planning Commission continued this item to the November 9, 2021 Planning Commission Meeting: 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 ***End of Afternoon Session Agenda*** RECESS 5:30 p.m. The Planning Commission recessed at 4:44 p.m. and reconvened at 7:00 p.m. ***Evening Session Agenda*** 7:00 p.m. – 11:00 p.m. CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING (EVENING) 6. Consider 724 Lighthouse Avenue; Use Permit Application UP-21-0156 for a Recreation and Entertainment (Services, Major) Business, including Axe Throwing, Rage Rooms, and Paint Splatter Room; Applicant Justin McClain; Owner Igor Gandzjuk, New Monterey Center, LLC.; PC-LH Zoning District; Commercial General Plan Designation; Exempt from CEQA per Article 19, Section 15301, Class 1 ACTION: Continued to the November 9, 2021 Planning Commission Meeting Staff Presentation/Commissioner Questions Community Development Director Cole presented the Agenda Report and answered Commissioner questions. Commissioner Latasa asked if the Police and Fire Departments had reviewed the application. Ms. Cole confirmed Police and Fire did not raise any concerns after reviewing the application. Commissioner Dawson asked how throwing axes could be good for public safety and welfare. Ms. Cole suggested there are types of sporting or shooting ranges where if handled safely they do not present danger. Planning Commission Meeting Minutes Tuesday October 26, 2021 5 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday October 26, 2021 Commissioner Brassfield shared concerns regarding public and domestic safety and asked if there are any provisions dealing with people who arrive intoxicated. Ms. Cole explained there are stipulations prohibiting drinking onsite and deferred to the applicant regarding safety measures. Chair Freeman requested clarification regarding similar uses permitted in Monterey. Ms. Cole explained this would be a Recreation and Entertainment use similar to miniature golf or escape rooms where people enjoy interior recreation-type activities. Commissioner Latasa suggested axe throwing may be similar to throwing darts. Commissioner Millich asked what the applicant would do to prevent people who have been drinking or using drugs from handling weaponry. Applicant Applicant Justin McClain and business partner Ted Melicia provided further information and answered Commissioner questions. Mr. McClain suggested the business will focus on using “destruction therapy” to safely de- stress and release patrons’ tension. The applicant further stated there will be zero tolerance for alcohol and the site would have safety zones and full-time monitoring for axe throwing. Vice Chair Reed asked if Mr. McClain would accept a condition of approval beyond the existing proposal that states people who are intoxicated or on drugs will not be allowed into the facility. Mr. McClain confirmed the condition would be accepted. Commissioner Millich asked how staff would test for drugs and alcohol onsite. Mr. Melicia asked for guidance on how to monitor. Commissioner Brassfield suggested most people outside of law enforcement do not know how to determine level of intoxication, and agreed with adding a condition prohibiting anyone who is intoxicated from entering the facility. Mr. McClain and Mr. Melicia asserted that the business would comply. Commissioner Millich suggested changing the verbiage from drunkenness or intoxication to signs of alcohol use. Commissioner Reed inquired about trainings offered on intoxication. Commissioner Reed recommended continuing to analyze impacts of the business and prepare safety measures. Commissioner Millich agreed. Public Comments Michael Groves mentioned he recently visited this type of facility and suggested the experience was fun and enjoyable, with participants in full protective clothing, screened visually for impairment, informed of rules, and monitored both by cameras and personnel. Mr. Groves encouraged the PC to approve the permit and suggested ensuring that all staff are trained. Neighboring business owner Shira Diallo spoke in favor of approval, cited needs for unique recreation activities and new innovative businesses in the area, and reiterated that the concept is to host private events with a controlled number of people each required to sign liability release waivers. Ms. Diallo suggested changing the business name from The Rage Room to The Break Room as it promotes relief rather than violence. Planning Commission Meeting Minutes Tuesday October 26, 2021 6 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday October 26, 2021 Commissioner Comments Commissioner Millich agreed to a continuance for the Police Department (PD) to recommend training on alcohol detection. Commissioner Brassfield suggested contacting another city to learn more about their experience with axe throwing venues, added that most people can be trained to identify most common signs of intoxication, specified there must be strict rules enforcing a no tolerance policy, and agreed to continue the item to research more. Commissioner Dawson stated he could not support the project without more information. Commissioner Reed recommended a continuance and suggested installing a security camera system, specifying that otherwise six or seven people would be needed to monitor activities. Commissioner Fletcher spoke in support of the use permit and business, adding it is in the owner’s best interest to implement safety protocols. Commissioner Fletcher recommended continuance and suggested not requiring more than industry standards recommend. Commissioner Latasa agreed to continue the application, specifying that PD could recommend training and security measures before approval. Chair Freeman stated she could not support destructive violence as recreation. Commissioner Fletcher asked if Staff understood what the Commission requested. Ms. Cole summarized that Staff would contact Police Department, reach out to other cities with this type of business, find an employee training plan that includes alcohol and drug detection, and explore security camera and safety equipment stipulations. On a motion by Commissioner Brassfield, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission continued this item to the November 9, 2021 Planning Commission Meeting: 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 7. Recommend the City Council amend the Downtown and Lighthouse Specific Plans to allow Ground Floor Residential Uses In Certain Situations (Exempt from CEQA Article 19, Section 15305, Class 5) ACTION: Continued to the November 9, 2021 Planning Commission Meeting Staff Presentation/Commissioner Questions Community Development Director Cole presented the Agenda Report and answered Commissioner questions. Planning Commission Meeting Minutes Tuesday October 26, 2021 7 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday October 26, 2021 Commissioner Fletcher asked for clarification regarding use of the word subordinate. Ms. Cole suggested it could mean behind and requested verbiage suggestions. Public Comments Michael Groves, President of EMC Planning Group, suggested allowing mixed-use spaces to be interchangeable as office or living space, arguing that buildings along Lighthouse Avenue need flexibility. Mr. Groves also suggested adding a limit of two residential frontages on each block to avoid residential overcrowding. Jerry Anderson announced that Saucito Land Company would support proposed changes and propose new residential units in a building on Tyler Street if approved, adding that ground floor units on Tyler Street could make the area more active and lively. Commissioner Comments Vice Chair Reed suggested changing Adams Street to Tyler Street for conditionally approved areas. Commissioner Fletcher suggested this is the ideal way to increase housing opportunities and added that he would support a motion if it includes Michael Groves’s comments. Commissioner Latasa asked Ms. Cole to interpret Mr. Groves’s recommendations. Ms. Cole suggested Mr. Groves proposed flexibility on Lighthouse Avenue to allow ground-floor spaces to interchange between work and residential. Commissioner Dawson asked if water difficulties could arise if uses interchange. Ms. Cole explained there can be no net increase of water use and specified there is a calculation to determine water credit conversion. Commissioner Latasa inquired about limiting residential spaces to two per block. Ms. Cole clarified the limitation was suggested to avoid having a full block of residential units in otherwise commercial areas. Commissioner Latasa suggested changing the verbiage to limit the number of ground-floor residential spaces allowed. Chair Freeman asked about the flexible interchangeable concept in comparison with the concept that new residential uses must be subordinate. Vice Chair Reed asked if spaces would be approved for residential and commercial use or if applicants would go to PC to change the use, including in areas where commercial use is principally permitted. Commissioner Brassfield shared concerns for potential dangers of people living on the first floor and suggested addressing safety issues involving doorways and windows. Ms. Cole mentioned that as a penalty for not reaching the Housing Needs Allocation, the City will lose discretionary design review processes for residential projects and a checklist will be created for the Building Division to determine if projects comply with objective design standards. Planning Commission Meeting Minutes Tuesday October 26, 2021 8 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday October 26, 2021 Vice Chair Reed suggested considering Alvarado Street and Downtown differently than Lighthouse Avenue, stated ground floor residential could work on Lighthouse Avenue, suggested requiring a foyer for street-facing ground-floor entries, and argued that the proposed changes need more consideration. Commissioner Brassfield inquired about noise levels. Vice Chair Reed suggested if someone wants to add residential next to a bar, the bar must still follow the noise ordinance and conditions can be added to mitigate noise. Commissioner Fletcher asserted people who choose to live downtown make that decision knowing the environment, added that development standards should not be forced on those who choose to live under those conditions, and spoke in favor of the most flexibility possible, particularly on Lighthouse. Chair Freeman suggested discussing how many of Mr. Groves’s recommendations should be incorporated into requirements for residential on the first floor. Vice Chair Reed spoke in support of the concept and suggested exploring verbiage limiting the amount of ground-floor residential spaces allowed per block and specifying where residential spaces could be permitted. Commissioner Reed mentioned there are some main corners near Lighthouse that should be reserved as commercial center anchors. Ms. Cole recommended continuing the item to November 9, 2021 to further examine this concept. The Commission further discussed potential amendments. Commissioner Millich suggested giving the Council specific recommendations regarding which corners are not suited for ground-floor residential. Commissioner Dawson advised against allowing too much flexibility and suggested adding verbiage specifying corners should be commercial use only. Commissioner Millich reiterated the need to list specific corners. Commissioner Latasa suggested analyzing the area corner by corner. Commissioner Fletcher recalled a previous corner analysis from Lighthouse Specific Plan discussions. Ms. Cole explained the original Lighthouse Specific Plan allowed ground floor residential behind commercial uses and added that both Planning Commission and City Council adopted the plan then later the Council removed the allowance of ground floor residential. Ms. Cole concluded that staff must study the issue further. The Commission requested a map or list of areas where ground floor residential may not be desirable. On a motion by Commissioner Brassfield, seconded by Commissioner Reed and carried by the following vote, the Planning Commission continued the item to November 09, 2021: 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 INFORMATIONAL REPORTS & STAFF COMMENTS Planning Commission Meeting Minutes Tuesday October 26, 2021 9 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday October 26, 2021 Update received. COMMISSIONER COMMENTS None. ADJOURNMENT There being no further business, the meeting adjourned at 8:58 p.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday October 26, 2021 10