Planning Commission Meeting

MINUTES PLANNING COMMISSION CITY OF MONTEREY Tuesday, February 22, 2022 4:00 PM – 5:30 PM ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Commissioners Present: Freeman, Reed, Dawson, Fletcher, Latasa, Millich Commissioners Absent: Brassfield Staff Members Present: Community Development Director Cole, Associate Planner Sabdo, Recording Secretary Cleary CALL TO ORDER Chair Freeman called the meeting to order at 4:00 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. Reconsider December 14, 2021 ACTION: Approved as amended. Chair Freeman introduced the item and explained why the December 14, 2021, Planning Commission minutes were being reconsidered. Commissioner Millich clarified that during Commissioner Comments he suggested that the City of Monterey request an opinion from the Attorney General stating if lack water is an exemption from SB 35. Chair Freeman asked if Commissioner Millich meant lack of water justifies the exemption. Commissioner Millich confirmed and added that an Assemblyperson or Senator could help if the Attorney General is reluctant to, or possibly the League of California Cities. Chair Freeman recommended that the sentence on page seven be changed to, "Commissioner Millich suggested that the City seek an opinion from the Attorney General that the lack of water justifies an exemption from SB35.” Commissioner Millich suggested specifying the exemption is from complying with SB35. On a motion by Commissioner Dawson, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission approved the December 14, 2021 PC Minutes as amended: AYES: 5 COMMISSIONERS: Freeman, Reed, Dawson, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Brassfield ABSTAIN: 1 COMMISSIONERS: Fletcher RECUSED: 0 COMMISSIONERS: None  Planning Commission Minutes Tuesday February 22, 2022 3. January 25, 2022 ACTION: Approved as submitted. On a motion by Commissioner Fletcher, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission approved the January 25, 2022 PC Minutes as submitted: AYES: 6 COMMISSIONERS: Freeman, Reed, Dawson, Fletcher, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Brassfield ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 4. Consider Appeal of 470 Foam Street; AP-22-0012 Appealing the Historic Preservation Commission Denial (Resolution H22-001) of HP-21-0233 to Remove the Property from the New Monterey Historic Context Statement and Reconnaissance Survey List; Appellant Mark Avila; Property Owner Craft Marchele D Trust et al; PC-LH Zoning District; Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15305, Class 5 ACTION: Approved AP-22-0012 appealing the Historic Preservation Commission denial (Resolution H22-001) of HP-21-0233 to remove the property at 470 Foam Street from the New Monterey Historic Context Statement and Reconnaissance Survey List pursuant to the Staff Report, findings in the Resolution, and evidence provided at this meeting Staff Presentation/Commissioner Questions Associate Planner Sabdo presented the Agenda Report and answered Commissioner questions. Commissioner Millich asked how the Historic Preservation Commission (HPC) originally voted. Community Development Director Cole explained the application was denied on a 4-3 vote. Commissioner Dawson asked if the site’s high archeological sensitivity contributes to its historical significance. Ms. Cole explained that if the site is deemed archeologically sensitive an archeologist is required to be onsite during construction. Planning Commission Meeting Minutes Tuesday February 22, 2022 2 Planning Commission Minutes Tuesday February 22, 2022 Applicant Comments Appellant Mark Avila, on behalf of the property owners, summarized reasons for the appeal and HPC findings for denial, counter-arguing that a historian found the site not historically significant and summarizing reasons the applicants did not agree with the HPC’s decision. Commissioner Latasa inquired about the fire. Mr. Avila suggested reasons it may have occurred. Public Comments HPC Chair O’Neil explained in detail the HPC’s reasons for denial & provided further background, stating the house had a high degree of integrity and was not a bad representation of the style. HPC Commissioner Dawson showed photo examples included in recent HPC Agenda Reports to supply information supporting the HPC’s decision and provided further information regarding houses recently reviewed by the HPC. Peter Baird summarized HPC discussions, suggested reasons the property could be removed from the historic list, stated a historian deemed the property not historic, and suggested the property would not be approved if the owners applied for a Mills Act contract. Architectural Historian Meg Clovis explained the HPC’s third finding stating the house met Criterion 1 for association with marked growth and development of New Monterey in the early 20th century and clarified that Criterion 1 refers to events associated with significant contributions attributed to the broad patterns of our history. Ms. Clovis stated no proof was found indicating the site was connected to any historically significant event or person and concluded that the house did not meet any of the local, State, or National Registrar criteria. Commissioner Comments Commissioner Dawson spoke in favor of approval based on Ms. Clovis’s work and statements. Commissioner Millich suggested the appellant’s relief should be granted. Commissioner Latasa spoke in support of appeal on the basis of Ms. Clovis’s comments. Commissioner Fletcher spoke in support of the appeal based on consultant information. Chair Freeman spoke in support of the appeal. Commissioner Dawson mentioned on Agenda Packet page 30, the last whereas is misspelled. On a motion by Vice Chair Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission approved AP-22-0012 appealing the Historic Preservation Commission denial (Resolution H22-001) of HP-21-0233 to remove the property at 470 Foam Street from the New Monterey Historic Context Statement and Reconnaissance Survey List pursuant to the Staff Report, findings in the Resolution, and evidence provided at this meeting: Planning Commission Meeting Minutes Tuesday February 22, 2022 3  Planning Commission Minutes Tuesday February 22, 2022 AYES: 6 COMMISSIONERS: Freeman, Reed, Dawson, Fletcher, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Brassfield ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC APPEARANCE 5. Update Regarding Sea Level Rise Meeting with City Manager (No Written Report) ACTION: Discussed item Commissioner Questions Community Development Director Cole stated Chair Freeman and Commissioner Latasa met with City Manager Uslar to discuss sea level rise and provided an update regarding the meeting. Commissioner Latasa mentioned Mr. Uslar supported the idea of a Sea Level Rise Committee for fact-finding and he is aware this is a long-term planning issue. Chair Freeman claimed Mr. Uslar showed interest in securing funds to include engineering studies. Commissioner Latasa asked about the process of forming a subcommittee and assigning its responsibilities. Ms. Cole explained the process and provided examples. INFORMATIONAL REPORTS & STAFF COMMENTS Update received. COMMISSIONER COMMENTS Commissioner Latasa asked about the application process for Senate Bill 9 (SB 9) projects. Ms. Cole described the process and indicated there will be administrative approval instead of design review. Commissioner Millich asked if SB 9 indicates the Building Official may determine if granting the application would be deleterious to have a building with no water. Ms. Cole said the topic would return for discussion. ADJOURNMENT There being no further business, the meeting adjourned at 5:41 p.m. Planning Commission Meeting Minutes Tuesday February 22, 2022 4  Planning Commission Minutes Tuesday February 22, 2022 Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday February 22, 2022 5