Planning Commission Meeting

DocuSign Envelope ID: 71DD52A5-7832-4B95-8879-32DFFE147AFD MINUTES PLANNING COMMISSION CITY OF MONTEREY Tuesday, March 08, 2022 4:00 PM – 5:30 PM ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Commissioners Present: Freeman, Reed, Dawson, Fletcher, Millich Commissioners Absent: Brassfield, Latasa Staff Members Present: Community Development Director Cole, City Attorney Davi, Senior Associate Planner Schmidt, Associate Planner Buggert, 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. February 22, 2022 ACTION: Approved as submitted. On a motion by Commissioner Dawson, seconded by Vice Chair Reed, and carried by the following vote, the Planning Commission approved the February 22, 2022 PC Minutes as submitted: AYES: 5 COMMISSIONERS: Freeman, Reed, Dawson, Fletcher, Millich NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Brassfield. Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING DocuSign Envelope ID: 71DD52A5-7832-4B95-8879-32DFFE147AFD Planning Commission Minutes Tuesday March 08, 2022 3. Consider Recommending an Ordinance Amendment to the City Council Amending Chapter 38 of the City of Monterey Code Related to Accessory Dwelling Unit Development Standards (MCC 38-112.6) (Statutorily Exempt from CEQA per Article 18, 15282(h) and Public Resources Code Section 21080.17) ACTION: Adopted a Resolution recommending an Ordinance Amendment to the City Council amending Chapter 38 of the City of Monterey Code related to Accessory Dwelling Unit Development Standards pursuant to the Draft Resolution attached to the Agenda Packet pursuant to findings made in the Staff Report and at the meeting. Staff Presentation/Commissioner Questions Senior Associate Planner Schmidt presented the Agenda Report and answered Commissioner questions. Chair Freeman recommended changing the word new to existing regarding garages or carports. Commissioner Dawson mentioned a typo on Agenda Packet page 11, stating propeties should be properties. Commissioner Dawson inquired about second units as homeowner opportunities. Community Development Director Cole clarified the opportunity would be to rent out the unit. Commissioner Millich asked if anything prevents owners from converting existing garages into Accessory Dwelling Units (ADUs) and suggested adding verbiage prohibiting garage conversions to prevent loss of parking spaces. Ms. Cole clarified State Law allows garage conversions. Chair Freeman asked if new ADUs can be built near property lines. Mr. Schmidt clarified that ADUs remain subject to the front yard setback. Public Comments None. Commissioner Comments Commissioner Dawson shared concerns for safety if ADUs are allowed above carports. Commissioner Fletcher advised that those units would require a foundation that can support both the first floor and the second-story weight. Ms. Cole confirmed the Building Department would review applications for safety. Vice Chair Reed spoke in support of the proposed amendments. Commissioner Millich asked clarifying questions regarding ARC review and roof pitch and spoke in favor of approval aside from allowing the ARC to grant extra exceptions. Vice Chair Reed suggested non-compatible roofs with retained garage parking are preferred over replacing garage spaces with ADUs. Commissioner Millich suggested the 25-foot height provides flexibility Planning Commission Meeting Minutes Tuesday March 08, 2022 2 DocuSign Envelope ID: 71DD52A5-7832-4B95-8879-32DFFE147AFD Planning Commission Minutes Tuesday March 08, 2022 to maintain parking. Vice Chair Reed agreed but stated owners have said they would forfeit garage parking to have more residents. Chair Freeman recommended adding the word existing in reference to building above garages or carports and suggested the ARC could review second-floor setbacks as requested in a written comment. Chair Freeman reopened Public Comment. Public Comment Nancy Soulé emphasized concerns for existing parking potentially being removed and alleged that in some neighborhoods it may be impossible to match existing designs and pitches as many lots are narrow, uphill, and have steep-pitched roofs. On a motion by Vice Chair Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission recommended an Ordinance Amendment to the City Council amending Chapter 38 of the City of Monterey Code related to Accessory Dwelling Unit Development Standards pursuant to the Draft Resolution attached to the Agenda Packet pursuant to findings made in the Staff Report and at the meeting: AYES: 5 COMMISSIONERS: Freeman, Reed, Dawson, Fletcher, Millich NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Brassfield, Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC APPEARANCE 4. Consider Recommending City Council Approval of Application TM-21-0187 to Amend Monterey City Code Chapter 38 Section 38-15 to Establish a Bicycle/Equipment Rentals Use Classification and Section 38-44 to Add Bicycle/Equipment Rentals as a Principally Permitted Use in the Open Space Zoning District and Amend the Lighthouse Specific Plan and the Downtown Specific Plan to Allow Bicycle/Equipment Rentals as a Principally Permitted Use; Applicants Mark Marquez and Joaquin Sullivan; Exempt from CEQA per Article 19, Section 15305, Class 5 ACTION: Continued to April 12, 2022 Staff Presentation/Commissioner Questions Associate Planner Buggert presented the Agenda Report and answered Commissioner questions. Commissioner Dawson asked clarifying questions regarding Open Space zoning. Mr. Buggert explained the main intent of the Ordinance is to encourage use of Open Space areas and reuse existing buildings. Ms. Cole added that allowing bike rentals could invigorate local parks and Planning Commission Meeting Minutes Tuesday March 08, 2022 3 DocuSign Envelope ID: 71DD52A5-7832-4B95-8879-32DFFE147AFD Planning Commission Minutes Tuesday March 08, 2022 specified the space is part of the park within an Open Space zone. Commissioner Millich asked if the business is Open Space compatible. Ms. Cole confirmed it is. Vice Chair Reed asked if the use could be allowed on Alvarado Street and if it is limited by service restrictions. Ms. Cole explained the use could work on Alvarado Street. Applicant Comments Applicant Mark Marquez, applicant and General Manager at Epicenter Cycling, clarified that their rental bikes are pedal assist only with motors disengaging at 20 miles per hour and would be stored inside without blocking the pedestrian path. Applicant Joaquin Sullivan was present to answer questions. Public Comments Michelle Knight, founder of Adventures by the Sea, supported allowing bike rentals in the allotted areas and urged the Planning Commission (PC) to require a Use Permit process to enable the City to confirm site appropriateness, conditions of approval, and safe operating processes. Kyle Wareham, owner of Adventures by the Sea, encouraged the Planning Commission to require a Use Permit process rather than principally permitting this type of use to ensure proper location and safety. Commissioner Comments Commissioner Dawson suggested paths is misspelled on Agenda Packet page 24 and in the Resolution and spoke in favor of approval if the businesses are in existing buildings. Chair Freeman asked what the process would be if the use is conditionally permitted. Mr. Buggert provided details and examples of existing businesses approved under the previous City Code. Ms. Cole offered further information, specifying that previous concerns involved surreys blocking the recreation trail. Vice Chair Reed shared concerns for safety and suggested it may be safer for citizens and tourists if the use is conditionally permitted, with a minimum of set regulations, rather than principally permitted. Commissioner Millich and Chair Freeman agreed. Chair Freeman asked if existing bicycle shop applicants could be approved principally with a condition requiring following bike rental applications to go through a Use Permit process. Ms. Cole described the Use Permit process and mentioned Staff found no reason to suggest making it a conditionally permitted use. Commissioner Dawson asked how a bad operator could be removed. Mr. Buggert explained the City defers to the State Vehicle Code and Assembly Bill 1096 which govern electric bicycle (e- bike) regulations throughout the State and added that City Traffic Engineer have sent existing operators the State regulations and they should be adhering to those laws. City Attorney Davi Planning Commission Meeting Minutes Tuesday March 08, 2022 4 DocuSign Envelope ID: 71DD52A5-7832-4B95-8879-32DFFE147AFD Planning Commission Minutes Tuesday March 08, 2022 provided insight and requested more information regarding what the Planning Commission wants to regulate as Use Permits are typically required for business with higher risks. Commissioner Millich asked if State Law prohibits the Commission from requiring use permits for bike rental businesses. Ms. Davi suggested it depends on what aspects of the business the Commission wants to regulate. Vice Chair Reed suggested the concern is in equipment being rented and how fast it can go. Commissioner Dawson asked what conditions the Commission would want to add. Commissioner Millich suggested requiring bike rental businesses and customers to sign waivers or require insurance and highlighted a need to be capable of removing the permit from bad operators. Vice Chair Reed suggesting principally permitting human-powered bikes and e-bikes with a maximum speed of 25 miles per hour and requiring a Use Permit for anything with a higher maximum speed. Chair Freeman listed the main issues as inventory content, business location, and bike renter behavior, and suggested requiring conditional permit approval instead of principal permission. Commissioner Fletcher iterated the concern is safety and speed on the recreation trail and agreed with Vice Chair Reed regarding the 25 mile per hour speed limit. Commissioner Dawson suggested limiting the amount of bike shops that can operate at once. Vice Chair Reed cited a need for more information and requested Staff provide regulations to approve rather than Commission forming the verbiage. Chair Freeman requested further information on appropriate areas and equipment for this use. Commissioner Dawson recommended requesting more information. Commissioner Millich agreed. Ms. Cole recommended continuing the item to a date certain of April 12, 2022 for Staff to return with revised language. On a motion by Vice Chair Reed, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission continued the item to a date certain of April 12, 2022: AYES: 5 COMMISSIONERS: Freeman, Reed, Dawson, Fletcher, Millich NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Brassfield, Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday March 08, 2022 5 DocuSign Envelope ID: 71DD52A5-7832-4B95-8879-32DFFE147AFD Planning Commission Minutes Tuesday March 08, 2022 INFORMATIONAL REPORTS & STAFF COMMENTS Update received. COMMISSIONER COMMENTS Vice Chair Reed asked when the virtual meetings going to end. Ms. Cole explained that the City Council reviews the policy intermittently and the City will most likely move back to hybrid format. ADJOURNMENT There being no further business, the meeting adjourned at 5:53 p.m. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday March 08, 2022 6