Planning Commission Meeting

DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 DRAFTMINUTES PLANNING COMMISSION CITY OF MONTEREY November 9, 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* Commissioners Absent: None * Participated remotely by videoconference Staff Members Present: Community Development Director Cole, Associate Planner Sabdo, Recording Secretary 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 Barrera provided information to the public on how to participate and provide public comment during the meeting. CONSENT ITEMS Approval of Minutes 2. October 12, 2021 ACTION: Approved as submitted. On a motion by Chair Freeman, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission approved the October 12, 2021 PC Minutes as submitted: 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 PUBLIC COMMENTS None. DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday November 9, 2021 ***End of Consent Agenda*** PUBLIC HEARING 3. Consider Appeal of 456 Foam Street; AP-21-0198 Appealing the Historic Preservation Commission Denial (Resolution H21-010) of HP-21-0155 to Remove the Property from the New Monterey Historic Context Statement and Reconnaissance Survey List; Appellant Dawn and David Hughes; Owner Diana Hughes Thornton; PC-LH Zoning District; Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15305, Class 5 ACTION: Approved appeal AP-21-0198 appealing the Historic Preservation Commission denial (resolution H21-010) of HP-21-0155 to remove the property at 456 Foam Street from the New Monterey Historic Context Statement and Reconnaissance Survey List Staff Presentation/Commissioner Questions Associate Planner Sabdo presented the Agenda Report, answered questions, and introduced historian Meg Clovis. Vice Chair Reed asked clarifying questions about qualifications to be considered a historic property. Ms. Cole described the qualifications. Commissioner Brassfield asked if deteriorating building condition is a means to remove a property from the historic list. Ms. Cole reiterated that historic building determination is based on four criteria and building condition is not one of them. Commissioner Brassfield questioned how many other examples of this construction exist in the city. Historian Meg Clovis stated there are 50 other examples of vernacular cottages in New Monterey area, of which 9 were eligible at the time of the survey. Ms. Clovis said the remaining were recorded at 7R and of the 9 eligible properties, one was removed from the reconnaissance survey and was a better example than 456 Foam Street. Commissioner Latasa questioned if the property was being considered as part of the Cannery Row reconnaissance survey. Ms. Sabdo clarified that it’s considered under the Lighthouse Specific Plan and New Monterey reconnaissance survey. Commissioner Latasa questioned if there are properties designated historic based on an individual’s local connection. Ms. Clovis cited Nation Register Bulletin 15 code, “a property is not eligible if it’s only justification for significance is that it was owned or used by a person who is a member of an identifiable profession, class, or social or ethnic group. It must be shown that that person gained importance within his or her profession or group”. Chair Freeman asserted that there could be many historic homes out there but only when someone comes forward to apply for either specific historic status or to take it off a historic list we become aware of it and this could be an example of one of those. Planning Commission Meeting Minutes Tuesday October 26, 2021 2 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday November 9, 2021 Applicant Comments Dawn Piazza, applicant presented more details and answered committee member comments. Applicant’s realtor, Joe Garcia offered information on the cost of bringing the home to a habitable condition. Public Comments Historic Preservation Commission Vice Chair Jerilynn Smith-Crivello made clarifying comments of how the Commission reached their vote. Commissioner Comments Commissioner Fletcher suggested that the property is not signifigant or worth saving. Commissioner Latasa agreed with the Historic Preservation Commission’s initial findings and noted that financial hardship should not be a part of the decision. Commissioner Dawson said that he is dismayed there is no mention of the dilapidated condition of the home and the fact that there were two elderly people living in it without running water. Commissioner Millich suggested that none of the criteria to be considered historic has been met. Vice Chair Reed asserted that although he believes the historical criteria has not been met, the city needs to take a different approach at how these structures are classified. Chair Freeman said this isn’t a good example of a historic structure and the applicant nor the realtor did any favors by pleading financial need because that is not part of the criteria. On a motion by Commissioner Millich, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission approved appeal AP-21-0198 appealing the Historic Preservation Commission denial (resolution H21-010) of HP-21-0155 to remove the property at 456 Foam Street from the New Monterey Historic Context Statement and Reconnaissance Survey List: AYES: 6 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Fletcher, Millich NOES: 1 COMMISSIONERS: Latasa ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. Consider Appeal of 999 Belden Street; AP-21-0148 Appealing the Historic Preservation Commission Denial (Resolution H21-005) of HP-21-0079 to Remove the Property from the New Monterey Historic Context Statement and Reconnaissance Survey List; Appellant Robert Winkleblack; Owner Robert Winkleblack; R-3-5 Zoning District; Medium Density Residential General Plan Designation; Exempt from CEQA Requirements per Article 19, Planning Commission Meeting Minutes Tuesday October 26, 2021 3 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday November 9, 2021 Section 15305, Class 5 ACTION: Approved appeal AP-21-0148 appealing the Historic Preservation Commission denial (Resolution H21-005) of HP-21-0079 to remove the property from the New Monterey Historic Context Statement and Reconnaissance Survey List Staff Presentation/Commissioner Questions Ms. Sabdo presented the Agenda Report and answered Commissioner questions. Applicant Comments Mr. Winkleblack, applicant expanded on Ms. Sabdo’s presentation. RECESS 5:30 p.m. ***Evening Session Agenda*** 7:00 p.m. – 11:00 p.m. CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING (EVENING) 4. Consider Appeal of 999 Belden Street; AP-21-0148 Appealing the Historic Preservation Commission Denial (Resolution H21-005) of HP-21-0079 to Remove the Property from the New Monterey Historic Context Statement and Reconnaissance Survey List; Appellant Robert Winkleblack; Owner Robert Winkleblack; R-3-5 Zoning District; Medium Density Residential General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15305, Class 5 ACTION: Approved appeal AP-21-0148 appealing the Historic Preservation Commission denial (Resolution H21-005) of HP-21-0079 to remove the property from the New Monterey Historic Context Statement and Reconnaissance Survey List Chair Freeman reconvened the meeting. Dr. Kirk presented and answered Commissioner questions. Planning Commission Meeting Minutes Tuesday October 26, 2021 4 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday November 9, 2021 Public Comments Historic Preservation Commission Vice Chair Jerilynn Smith-Crivello made clarifying comments of how the Commission reached their vote. Commissioner Comments Commissioner Brassfield said that this property is more apparent than the last one and it is not historic. Commissioner Dawson, agreed. Commissioner Latasa emphasized that the building does not qualify based on the criteria. It should not be considered historic. Commissioner Fletcher and Millich agreed. On a motion by Vice Chair Reed, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission approved appeal AP-21-0148 appealing the Historic Preservation Commission denial (resolution H21-005) of HP-21-0079 to remove the property from the New Monterey Historic Context Statement and Reconnaissance Survey List: 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 140 W. Franklin Street Suite 207; Use Permit Application UP-21-0166 for a Massage Establishment; Applicant Domenica Golf; Owner Ordway Building LLC; PC-D Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15301, Class 1 ACTION: Approved use permit application UP-21-0166 for a massage establishment. Staff Presentation/Commissioner Questions Community Development Director Cole presented the Agenda Report and answered Commissioner questions. Applicant Comments Applicant, Domenica Golf clarified there is a bathroom right outside the door, down the hall. The entire floor tenants use the restroom. Public Comments None. Commissioner Comments Commissioner Latasa emphasized that it seems like a thorough staff report and applicant has met all requirements for this use permit application. On a motion by Commissioner Latasa seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission approved use permit application UP-21-0166 for a massage establishment: Planning Commission Meeting Minutes Tuesday October 26, 2021 5 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday November 9, 2021 AYES: 6 COMMISSIONERS: Freeman, Brassfield, Dawson, Fletcher, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Reed 6. 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 December 14th, 2021. Staff Presentation/Commissioner Questions Community Development Director Cole announced that the applicant had requested continuation to December 14, 2021 PC meeting. Applicant Comments None. Public Comments None. Commissioner Comments None. On a motion by Commissioner Millich, seconded by Commissioner Brassfield and carried by the following vote, the Planning Commission approved with conditions use permit application UP-21-0156 for a recreation and entertainment (services, major) business, including rage rooms, and paint splatter room: 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. Consider 724 Lighthouse Avenue; Use Permit Application UP-21-0156 for a Recreation and Entertainment (Services, Major) Business, including Rage Rooms, and Paint Splatter Room; Applicant Justin McClain; Owner Igor Gandzjuk, New Monterey Center, LLC.; PC- Planning Commission Meeting Minutes Tuesday October 26, 2021 6 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday November 9, 2021 LH Zoning District; Commercial General Plan Designation; Exempt from CEQA per Article 19, Section 15301, Class 1 ACTION: Approved with Conditions Use Permit Application UP-21-0156 for a recreation and entertainment (services, major) business, including rage rooms, and paint splatter room. Chair Freeman disclosed that she had discussed item 7 and item 8 with the public. Staff Presentation/Commissioner Questions Community Development Director Cole presented the Agenda Report and answered Commissioner questions. Applicant Comments Applicant, Justin McClain confirmed axe throwing has been eliminated from the application and presented safety equipment that will be utilized in the facility. Mr. McClain emphasized that although the term “Rage” can be off-putting, they would like to improve the community by offering entertainment for individuals and families. Applicant, Ted Melicia, clarified that children cannot participate in the “break room” but there will be a “paint splatter” room. Chair Freeman asked how this business is neighborhood serving to the Lighthouse Specific area. Mr. McClain said that they bring families together. Chair Freeman questioned why applicants want a brick and mortar business instead of continuing with “pop up” events. Mr. McClain replied that a brick and mortar site is more structured and stable. This option allows for security cameras and adequate lighting. Public Comments Erin Detka spoke in favor of the application. Igor Gandzjuk, property owner spoke in favor of the application. He said that the he did his due diligence before renting to the applicants by contacting insurance company and researching tenant’s social media. Mr. Gandzjuk expected the applicant’s business will generate more of the needed foot traffic. Jermaine McClain, Captain of Monterey Presidio Fire Department and brother of applicant Justin McClain, spoke in favor of the application. Shira Crawford spoke in favor of the application. Ms. Crawford thanked the Planning Commission for offering the applicants direction and thanked the applicants for addressing the Planning Commission’s concerns. Commissioner Comments Commissioner Brassfield stated that he appreciated the efforts that the applicants went through in regards to security training. Mr. Brassfield would like the applicants to come back before the Planning Commission should they decide to throw weapons. Planning Commission Meeting Minutes Tuesday October 26, 2021 7 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday November 9, 2021 Commissioner Dawson said he is pleased to see there will be no axes thrown. Vice-Chair Reed said he doesn’t have a problem with axes but believed there should be more safety precautions. Mr. Reed said that it’s entertainment and therefore is a social benefit. Commissioner Millich asserted that the business is the wrong use for the neighborhood. Commissioner Fletcher stated that he had concerns but the provision for a six-month review eliminated his concern. Commissioner Latasa emphasized that the staff had done an excellent job of responding to the requests of the Planning Commission and the applicants are earnest in their efforts. Chair Freeman agreed with Commissioner Millich that this business is the wrong use for the neighborhood. Chair Freeman said as a mother and grandmother, recreational destructive violence is not appropriate. On a motion by Vice Chair Reed, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission approved use permit application UP-21-0156 for a recreation and entertainment (services, major) business, including rage rooms, and paint splatter room: AYES: 5 COMMISSIONERS: Reed, Brassfield, Dawson, Fletcher, Latasa, NOES: 2 COMMISSIONERS: Freeman, Millich ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 8. 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: Recommended 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) Staff Presentation/Commissioner Questions Community Development Director Cole presented the Agenda Report and answered Commissioner questions. Applicant Comments None. Public Comments Michael Groves, EMC Planning Group recommended that the City move ahead with proposal. He cited the underutilized spaces and vacancies as a reason for residential uses to be principally permitted. Mr. Groves suggested conditions be placed on units of five or more. Planning Commission Meeting Minutes Tuesday October 26, 2021 8 DocuSign Envelope ID: 5B3487A1-9398-4B46-B8B9-38361B8B2E98 Planning Commission Minutes Tuesday November 9, 2021 Rick Johnson asked the Planning Commission to make ground floor residential uses fronting Lighthouse Avenue to be conditional rather than principally permitted. He noted the pandemic as reason for the many vacancies. Commissioner Comments Commissioner Latasa agreed with Mr. Johnson. Chair Freeman agreed Commissioner Fletcher agrees that the plan should be conditional for five units or more. Commissioner Reed asserted that five is a good compromise but conditionally permitted is a barrier to adding more housing inventory. Chair Freeman questioned if it would be easier to put in two types of use: principally and conditional or make it conditional and hear what City Council has to say. Commissioner Millich confirmed he is in favor of making all units conditionally permitted. Commissioner Brassfield suggested making units of four or more conditionally permitted. Chair Freeman reopened public comment to Mr. Groves. Mr. Groves clarified he recommends making units of five more conditionally permitted so units of four or less would be principally permitted. The cut off is four. Ms. Cole asked the Planning Commission to clarify whether they were talking about conditionally permitting the first floor only. Commissioners agreed they are only speaking about the first floor. Ms. Cole clarified that units of four or more on the first floor are larger lots. She said larger lots are a possibility in the future if there is a developer ambitious enough. Vice Chair Reed asked if they could consider units on the first floor, of three or less principally permitted and units of three or more, conditionally permitted. Commissioners agreed with Vice Chair Reed. On a motion by Vice Chair Reed, seconded by Commissioner Latasa and carried by the following vote, the Planning Commission Recommended 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) AYES: 6 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Fletcher, Latasa NOES: 1 COMMISSIONERS: Millich 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 November 9, 2021 Update received. COMMISSIONER COMMENTS Commissioner Latasa asked if there would be an informational meeting to update Commissioners on new state laws. Ms. Cole confirmed there would be an informational meeting. ADJOURNMENT There being no further business, the meeting adjourned at 9:28 p.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday October 26, 2021 10