Planning Commission Meeting

DocuSign Envelope ID: 3D527E24-32A5-44FE-B852-02604CFEDA8A MINUTES PLANNING COMMISSION CITY OF MONTEREY December 14, 2021 4:00 PM – 5:30 PM COUNCIL CHAMBER AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Commissioners Present: Freeman, Reed*, Brassfield*, Dawson, Latasa, Millich* Commissioners Absent: Fletcher Staff Members Present: Community Development Director Cole, Principal Planner Roveri*, Senior Associate Planner Schmidt, Associate Planner Sabdo, Housing Analyst Leonard*, Recording Secretary Cleary, Administrative Assistant Barrera * Participated remotely by videoconference CALL TO ORDER Chair Freeman called the meeting to order at 4:00 p.m. Recording Secretary Cleary provided information to the public on how to participate and provide public comment during the meeting. PRESENTATIONS 2. Presentation on Senate Bill 9 and Senate Bill 35 (No Written Report) ACTION: Heard presentations and discussed Senate Bills 9 and 35. Community Development Director Cole provided background information and introduced the item and presenters. Principal Planner Roveri shared a presentation regarding Senate Bill 35 (SB 35) and answered Commissioner questions. Commissioner Latasa questioned when Building permits can be issued. Ms. Cole explained building permits would not be issued without a stamp from the Water District, meaning the City will not allow construction to begin without water credits or a water meter. Chair Freeman inquired about the amount and deadlines for the housing needs allocation. Ms. Cole stated the new Housing Element must be adopted by December 2023 with a new Regional Housing Needs Allocation (RHNA). Commissioner Brassfield asked how SB 35 would change the Planning approval process. Ms. Roveri clarified that SB 35 project applications will be reviewed for consistency with a checklist and noting how the project satisfies the requirements. Commissioner Millich asked if projects must be occupied to satisfy RHNA requirements. Ms. Roveri reiterated building permits cannot be issued without Water District approval. Commissioner Millich expressed concern that the State established a requirement even though there are not enough water credits to implement. DocuSign Envelope ID: 3D527E24-32A5-44FE-B852-02604CFEDA8A Planning Commission Minutes Tuesday December 14, 2021 Commissioner Latasa asked if SB 35 projects can be appealed. Ms. Roveri clarified appeals are not possible because there will be no discretionary approval and the law requires projects to meet objective design standards. Housing Analyst Leonard summarized Senate Bill 9 (SB 9) and answered Commissioner questions. Commissioner Brassfield asked if SB 9 would need an approval checklist. Mr. Leonard confirmed there will be a checklist for ministerial approval. Chair Freeman inquired about water meters. Ms. Cole explained applicants must have enough credits within the existing house. Commissioner Brassfield inquired about Senate Bill 10 (SB 10). Mr. Leonard explained SB 10 allows cities to up-zone areas to allow higher-density housing. Ms. Cole added that Monterey has already allowed more density in some areas. Commissioner Brassfield suggested creating a declaration stating housing has not been created because there are no water credits to give. CONSENT ITEMS Approval of Minutes 3. October 26, 2021 ACTION: Approved as amended. Commissioner Millich requested to be marked as having attended electronically. Vice Chair Reed motioned to approve the October 26, 2021 PC Minutes as amended and the November 09, 2021 PC Minutes as submitted. Commissioner Dawson seconded the motion. On a motion by Vice Chair Reed, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission approved the October 26, 2021 PC Minutes as amended: AYES: 6 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fletcher ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. November 09, 2021 ACTION: Discussed with Item 3; approved as submitted. Planning Commission Meeting Minutes Tuesday December 14, 2021 2 DocuSign Envelope ID: 3D527E24-32A5-44FE-B852-02604CFEDA8A Planning Commission Minutes Tuesday December 14, 2021 On a motion by Chair Reed, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission approved the November 09, 2021 PC Minutes as submitted: AYES: 6 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fletcher ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC COMMENTS None. ***End of Consent Agenda*** PUBLIC HEARING 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: Denied 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 the reverse corner lot at 301 Casa Verde Way Staff Presentation/Commissioner Questions Associate Planner Sabdo presented the Agenda Report and answered Commissioner questions. Vice Chair Reed requested clarification regarding Finding 3. Ms. Sabdo suggested the proposal does constitute a special privilege. Commissioner Latasa stated page 37 of the Agenda Packet says the decision is appealable to the Planning Commission and suggested that be changed to the City Council. Commissioner Latasa asked clarifying questions regarding qualifications for variances. Ms. Sabdo provided details. Applicant Comments Applicant Steve Mickel provided further information regarding the project and highlighted concerns of traffic safety, security, and noise. Planning Commission Meeting Minutes Tuesday December 14, 2021 3 DocuSign Envelope ID: 3D527E24-32A5-44FE-B852-02604CFEDA8A Planning Commission Minutes Tuesday December 14, 2021 Commissioner Latasa asked why the trash enclosure height was proposed. Mr. Mickel deferred to property owner Thomas Cutino. Commissioner Millich suggested using hedges or landscaping to help mitigate noise and trespassing. Ms. Sabdo confirmed there are no restrictions on hedge or landscaping height. Mr. Cutino suggested the trash enclosure height is proposed to fit the open dumpster lid and reiterated main concerns as security from unwelcome visitors, noise, and safety. Public Comments None. Commissioner Comments Commissioner Latasa spoke in favor of approval and suggested the proposal meets all three general findings. Commissioner Millich spoke in favor of denial, suggesting the findings cannot be made and adding that relying on illegal fencing to provide further illegal fencing does not seem legitimate. Vice Chair Reed argued this is not a special circumstance because a fence variance was previously approved on David Avenue which should set precedence for higher fences and variances for higher fences. Commissioner Brassfield suggested the intent of the Ordinance is to deter enclosures and that the applicant did not obtain a variance prior to building, and added that the property is not as dangerous as others in the area. Chair Freeman spoke in favor of denial, suggesting hedges could replace the two-foot portion and protect the City from receiving more fence variance applications in the future. Commissioner Millich made a motion to deny the fence variance application. Commissioner Dawson seconded the motion. Commissioner Latasa suggested it seems inconsistent to approve one six-foot fence on David Avenue and deny one on Casa Verde Way. Commissioner Dawson suggested placing pyracantha outside the fence in lieu of variance. Commissioner Millich suggested the David Avenue proposal was approved by previous Commissioners and the facts would have been different from facts of this proposal, specifying each project is reviewed individually. Vice Chair Reed suggested approval is not a grant of special privilege because special privileges have already been granted in the past. On a motion by Commissioner Millich, seconded by Commissioner Dawson and carried by the following vote, the Planning Commission denied 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 the reverse corner lot at 301 Casa Verde Way: Planning Commission Meeting Minutes Tuesday December 14, 2021 4 DocuSign Envelope ID: 3D527E24-32A5-44FE-B852-02604CFEDA8A Planning Commission Minutes Tuesday December 14, 2021 AYES: 4 COMMISSIONERS: Freeman, Brassfield, Dawson, Millich NOES: 2 COMMISSIONERS: Reed, Latasa ABSENT: 1 COMMISSIONERS: Fletcher ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 6. Consider 55 Camino Aguajito; Use Permit Application UP-21-0178 to Convert a Hotel Restaurant to a Manager’s Unit, Lobby Expansion, Laundry Room and Exercise Room; Applicant Don Desai; GAMFAM, LLC.; VAF Zoning District; Commercial General Plan Designation; Exempt from CEQA per Article 19, Section 15301, Class 1 ACTION: Approved use permit application UP-21-0178 to convert a hotel restaurant to a manager’s unit, lobby expansion, laundry room and exercise room at 55 Camino Aguajito pursuant to findings and conditions in the Staff Report and Draft Resolution Staff Presentation/Commissioner Questions Senior Associate Planner Schmidt presented the Agenda Report and answered Commissioner questions. Applicant Comments Applicant Don Desai explained they would live in the space, adding that when the restaurant closed for COVID-19 it received no government assistance and is no longer sustainable. Public Comments None. Commissioner Comments Commissioner Brassfield commended the property owner for providing employee housing and spoke in support of approval. On a motion by Vice Chair Reed, seconded by Commissioner Brassfield and carried by the following vote, the Planning Commission approved use permit application UP-21-0178 to convert a hotel restaurant to a manager’s unit, lobby expansion, laundry room and exercise room at 55 Camino Aguajito pursuant to findings and conditions in the Staff Report and Draft Resolution: AYES: 6 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fletcher ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 7. Consider 484 Washington Street; Use Permit Application UP-21-0171 for a Restaurant- Major Use; Applicant Ian Penniman; Owner AG Davi Properties; PC-D Zoning District; Planning Commission Meeting Minutes Tuesday December 14, 2021 5 DocuSign Envelope ID: 3D527E24-32A5-44FE-B852-02604CFEDA8A Planning Commission Minutes Tuesday December 14, 2021 Commercial General Plan Designation; Exempt from CEQA per Article 19, Section 15301, Class 1 ACTION: Approved use permit application UP-21-0171 for a restaurant-major use at 484 Washington Street pursuant to findings in the Report, Staff comments, and draft Resolution Staff Presentation/Commissioner Questions Senior Associate Planner Schmidt presented the Agenda Report and answered Commissioner questions. Applicant Comments Applicant Ian Penniman of Melville Tavern highlighted goals of the proposal and specified the site has 24-hour camera surveillance, an alarm, security, and manager on premise. Public Comments None. Commissioner Comments Vice Chair Reed motioned to approve the proposal. Commissioner Dawson seconded the motion and suggested there has been no previous difficulties at the site. On a motion by Vice Chair Reed, seconded by Commissioner Dawson and carried by the following vote, the Planning Commission approved use permit application UP-21-0171 for a restaurant-major use at 484 Washington Street pursuant to findings in the Report, Staff comments, and draft Resolution: AYES: 6 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fletcher ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 8. Consider 300 Cannery Row; Permit Extension Application 21-0204 for a Mixed-Use to Adaptively Occupy a Building at 300 Cannery Row; Maximum Allowable Building Height of 45 Feet; Density in Excess of 30 Units per Acre to Provide Eight Condominium Units (Use Permit 19-105) Through Approval of a Tentative Map (Permit TM-19-0243) and to Include a Residential Parking Plan at 258/270 Foam Street; Applicant/Owner: The 300 LLC; Cannery Row Commercial and Planned Community- Lighthouse Zoning District; Commercial General Plan Designation; Mitigated Negative Declaration Previously Adopted ACTION: Approved permit extension application 21-0204 for mixed-use to adaptively occupy a building at 300 Cannery Row; maximum allowable building height of 45 feet; density in excess of 30 units per acre to provide eight condominium units (Use Permit 19-105) through approval of a tentative map (Permit TM-19- 0243) and to include a residential parking plan at 258/270 Foam Street Planning Commission Meeting Minutes Tuesday December 14, 2021 6 DocuSign Envelope ID: 3D527E24-32A5-44FE-B852-02604CFEDA8A Planning Commission Minutes Tuesday December 14, 2021 Staff Presentation/Commissioner Questions Community Development Director Cole presented the Agenda Report, answered Commissioner questions, and specified a new approval would extend the original permit until December 17, 2023. Commissioner Dawson inquired about the parking plan. Ms. Cole explained the parking lot would be on Foam Street with a walkway to the site. Applicant Comments None. Public Comments None. Commissioner Comments Commissioner Dawson spoke in favor of allowing the extension. On a motion by Commissioner Brassfield seconded by Commissioner Latasa and carried by the following vote, the Planning Commission approved permit extension application 21-0204 for mixed-use to adaptively occupy a building at 300 Cannery Row; maximum allowable building height of 45 feet; density in excess of 30 units per acre to provide eight condominium units (Use Permit 19-105) through approval of a tentative map (Permit TM-19-0243) and to include a residential parking plan at 258/270 Foam Street: AYES: 6 COMMISSIONERS: Freeman, Reed, Brassfield, Dawson, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fletcher ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None INFORMATIONAL REPORTS & STAFF COMMENTS Update received. COMMISSIONER COMMENTS Commissioner Millich suggested the City request an opinion from the Attorney General, Assemblyperson, or Senator stating lack of water justifies an exemption from SB 35. ADJOURNMENT There being no further business, the meeting adjourned at 6:36 p.m. Planning Commission Meeting Minutes Tuesday December 14, 2021 7 DocuSign Envelope ID: 3D527E24-32A5-44FE-B852-02604CFEDA8A Planning Commission Minutes Tuesday December 14, 2021 Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday December 14, 2021 8