Planning Commission Meeting

DocuSign Envelope ID: C51F69C1-034B-4250-BB9D-3A797933908D MINUTES PLANNING COMMISSION CITY OF MONTEREY August 23, 2022 4:00 PM – 5:30 PM COUNCIL CHAMBER AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Commissioners Present: Fletcher, Millich*, Brassfield*, Dawson, Freeman, Latasa * Participated remotely by videoconference Commissioners Absent: None Staff Members Present: Community Development Director Cole, Associate Planner Sabdo, Associate Planner Buggert, Acting City Engineer Harty, Interim Public Works Director Renny, Recording Secretary Barrera This meeting was held with a combination of in-person and teleconference attendance pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C), and the Monterey City Council’s Resolution authorizing virtual participation in public meetings given the COVID- 19 pandemic. CALL TO ORDER Vice Chair Fletcher called the meeting to order at 4:00 p.m. and Recording Secretary Barrera explained to the public how to participate and provide public comment during the meeting. 1. Meeting Procedures CONSENT ITEMS Approval of Minutes 2. August 09, 2022 ACTION: Approved as amended. Commissioner Freeman commended Recording Secretary Cleary on the prepared minutes and said the bottom of page two has a word missing in the second to last sentence, requesting Staff to clarify. Ms. Cole suggested the sentence was meant to refer to a “significant gap analysis”. Commissioner Dawson motioned to approve the minutes with the suggested amendment. Commissioner Latasa seconded the motion. On a motion by Commissioner Dawson, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission approved the August 09, 2022 minutes as amended: AYES: 6 COMMISSIONERS: Fletcher, Brassfield, Dawson, Freeman, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None DocuSign Envelope ID: C51F69C1-034B-4250-BB9D-3A797933908D Planning Commission Minutes Tuesday August 23, 2022 ***End of Consent Agenda*** PUBLIC COMMENTS Jean Rasch, President of the Monterey Vista Neighborhood Association, read a previously submitted letter regarding wireless services. Jeannie Ferrara urged the City of Monterey to wait to see other Wireless Ordinances and follow their lead, suggesting homeowners in Monterey do not want cell towers. Jon Stackpole submitted materials to the Commission regarding concerns of safety on the Recreation Trail and requested more code enforcement for electric bicycles as he was recently struck by an individual riding one there illegally. PUBLIC HEARING 3. Consider 640 Wave Street; Use Permit Application UP-22-0106 to Allow Commercial Recreation and Entertainment Uses; Applicant Mark Lukacs, Fly Dive LLC; Property Owner The Cannery Row Company; C-2 Zoning District (Community Commercial District); Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Sections 15301,15303, and 15332, Classes 1, 3, and 32 ACTION: Adopted a Resolution approving Use Permit application UP-22-0106 to allow Commercial Recreation and Entertainment uses at 640 Wave Street, with an added Condition of Approval requiring the business owner to purchase parking passes for its employees Staff Presentation/Commissioner Questions Community Development Director Cole presented the Agenda Report and answered Commissioner questions. Commissioner Freeman asked how long the establishment has not been in use. Commissioner Dawson said it closed before the pandemic. Ms. Cole explained the Imax concept did not work and added that other fun concepts like Tipsy Putt and Oscar’s Playground have recently been approved in the area. Commissioner Latasa, following up from a public comment letter, asked if employee parking was required for the two recently approved entertainment use applications. Ms. Cole explained requiring parking provisions for employees would be a new approach. Commissioner Freeman asked if it is possible to amend approvals to require parking for already approved Use Permits. Ms. Cole explained issued Use Permits cannot be changed retroactively but compliance with Conditions of Approval can be verified and the Commission could require employee parking be provided under future proposals. Applicant Planning Commission Meeting Minutes Tuesday August 23, 2022 2 DocuSign Envelope ID: C51F69C1-034B-4250-BB9D-3A797933908D Planning Commission Minutes Tuesday August 23, 2022 Applicant representative Mark Lukacs was available to answer questions regarding the ride’s mechanics. Commissioner Freeman asked how many people would fit on the ride. Mr. Lukacs provided specifics and Commissioner Dawson stated a YouTube video example was included in the Agenda Report. Commissioner Brassfield asked if employees would park in the parking garage. Mr. Lukacs explained parking garage permits would be provided for employees and six to ten employees at minimum are needed to operate the ride. Commissioner Brassfield asked if the applicant would accept a condition requiring employee parking be provided and Mr. Lukacs confirmed they would. Public Comments None. Commissioner Comments Commissioner Dawson likened the ride to Star Tours at Disneyland and said it was entertaining. Commissioner Freeman spoke in full support of approval. Commissioner Latasa said the video example looked great and fun and suggested it was nice to see a business filling the substantial commercial space. Commissioner Millich agreed. Commissioner Brassfield thanked the entrepreneurs for looking at this chapter of Cannery Row. Vice Chair Fletcher spoke in support of the project but shared concerns about parking and cited appreciation that the applicant is willing to provide parking for their employees. Commissioner Latasa asked if the policy regarding employee parking should change. Vice Chair Fletcher spoke in favor of implementing a requirement to provide employee parking. The Commission discussed potential verbiage for the new Condition of Approval. Mr. Lukacs questioned the necessity of requiring parking provisions as a Condition of Approval, sharing concerns of setting a precedent for new businesses. Vice Chair Fletcher stated parking is a problem and if fellow Commissioners are not ready to make that kind of recommendation the Commission should get prepared. Commissioner Freeman said the requirement is a good idea and she would be willing to support it. Commissioner Latasa also spoke in support of setting parking requirements and inquired about previous conditions requiring staff parking. Ms. Cole provided examples. Commissioner Brassfield agreed that parking has become worse in recent years and spoke in support of finding a solution. On a motion by Commissioner Freeman, seconded by Commissioner Millich and carried by the following vote, the Planning Commission adopted a Resolution approving Use Permit application UP-22-0106 to allow Commercial Recreation and Entertainment uses at 640 Wave Planning Commission Meeting Minutes Tuesday August 23, 2022 3 DocuSign Envelope ID: C51F69C1-034B-4250-BB9D-3A797933908D Planning Commission Minutes Tuesday August 23, 2022 Street, with an added Condition of Approval requiring the business owner to purchase parking passes for its employees: AYES: 6 COMMISSIONERS: Fletcher, Brassfield, Dawson, Freeman, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC APPEARANCE 4. Recommend to the City Council that the Capital Improvement Program (CIP) Projects for 2022/23 Fiscal Year are Consistent with the General Plan, Area Plans, Master Plans, Coastal Plans, Traffic Calming Plans, and Move Monterey Multimodal Plan (Exempt from CEQA per Article 19, Section 15301, 15302, 15306 and Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ACTION: Adopted a Resolution recommending to the City Council that the Capital Improvement Program (CIP) projects for the 2022/23 fiscal year are consistent with the General Plan, Area Plans, Master Plans, Coastal Plans, Traffic Calming Plans, and Move Monterey Multimodal Plan Staff Presentation/Commissioner Questions Associate Planner Sabdo, Acting City Engineer Harty, and Interim Public Works Director Renny presented the Agenda Report and answered Commissioner questions. Commissioner Dawson asked how CIP projects differ from Neighborhood Community Improvement Program (NCIP) projects. Mr. Harty explained these are capital improvements proposed by the City while NCIP projects are submitted by residents and funded from a portion of Transient Occupancy Tax revenue. Ms. Renny provided further details and specified the funding sources are different. Commissioner Latasa asked about a CIP project in the waterfront parking lot. Mr. Harty explained the new trash compactor building was completed through CIP last year. Public Comments None. Commissioner Comments Commissioner Freeman highlighted a typo at the end of page three in the draft Resolution and suggested correcting Neighborhood Community Improvement Program to Capital Improvement Program. On a motion by Commissioner Millich, seconded by Commissioner Dawson and carried by the following vote, the Planning Commission adopted a Resolution recommending to the City Council that the Capital Improvement Program (CIP) projects for the 2022/23 fiscal year are Planning Commission Meeting Minutes Tuesday August 23, 2022 4 DocuSign Envelope ID: C51F69C1-034B-4250-BB9D-3A797933908D Planning Commission Minutes Tuesday August 23, 2022 consistent with the General Plan, Area Plans, Master Plans, Coastal Plans, Traffic Calming Plans, and Move Monterey Multimodal Plan: AYES: 6 COMMISSIONERS: Fletcher, Brassfield, Dawson, Freeman, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 5. Consider Updates to Submittal Checklists and Public Handouts for Variance Applications and Fence Standards (Not a Project under CEQA per Article 20, Section 15378) ACTION: Approved updates to submittal checklists and public handouts for Variance applications and Fence standards Staff Presentation/Commissioner Questions Associate Planner Buggert presented the Agenda Report and answered Commissioner questions. Commissioner Dawson asked if an effort was made to simplify the document and showed preference for a simpler process. Ms. Cole stated that if something is not on the submittal checklist it cannot be required later and added that it may be more helpful and perhaps necessary to have a more detailed list. Commissioner Freeman asked if there is an online application accompanying the list. Ms. Cole confirmed and provided details. Commissioner Millich asked the Commission’s architects to opine. Commissioner Fletcher said the list is not an overwhelming submittal requirement. Commissioner Latasa agreed. Commissioner Brassfield inquired about discrepancies in permit processes for six-foot versus seven-foot fences. Mr. Buggert explained one district allows fences up to eight feet tall but a Building and Safety permit is required when any fence proposal exceeds seven feet. Ms. Cole added that the handout lists all fence design requirements and specified that when a variance is required a Building permit is also required to ensure safety. Commissioner Brassfield suggested that is not clearly explained in the guidelines. Commissioner Brassfield requested clarification on height of front yard fences versus side fences. Ms. Cole provided information and showed a supporting diagram. Commissioner Brassfield asked who discretion belongs to. Ms. Cole stated if there is confusion of where the front yard is the City Code allows the Community Development Director to determine. Commissioner Brassfield suggested rephrasing the term “submittal of any submittal items” on footnote one of the variance checklist. Planning Commission Meeting Minutes Tuesday August 23, 2022 5 DocuSign Envelope ID: C51F69C1-034B-4250-BB9D-3A797933908D Planning Commission Minutes Tuesday August 23, 2022 Commissioner Latasa inquired about the possible Title Report requirement. Mr. Buggert clarified the report may be necessary to locate utility easements that may run next to, under, or through the property, and added that fence variances go through the typical variance process and must also comply with fence-specific variance findings. Public Comments None. Commissioner Comments Commissioner Freeman agreed with Commissioner Dawson that the checklist could be simpler and suggested considering a cover sheet that is the application or a nice illustration. Commissioner Millich said trying to make complex things simple makes them more complex. On a motion by Commissioner Latasa, seconded by Commissioner Freeman and carried by the following vote, the Planning Commission approved updates to submittal checklists and public handouts for Variance applications and Fence standards: AYES: 5 COMMISSIONERS: Fletcher, Brassfield, Freeman, Latasa, Millich NOES: 0 COMMISSIONERS: Dawson ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 6. Confirm Annual Appointments for Chair and Vice Chair due to Resignation of Commissioner Reed (Not a Project under CEQA per Article 20, Section 15378) ACTION: Confirmed Daniel Fletcher as Chair and Stephen Millich as Vice Chair. Staff Presentation/Commissioner Questions Community Development Director Cole presented the Agenda Report. Vice Chair Fletcher and Commissioner Millich confirmed they would accept new positions as Chair and Vice Chair, respectively. Public Comments None. Commissioner Comments None. On a motion by Vice Chair Fletcher, seconded by Commissioner Millich and carried by the following vote, the Planning confirmed annual appointments for Chair and Vice Chair: AYES: 6 COMMISSIONERS: Fletcher, Brassfield, Dawson, Freeman, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday August 23, 2022 6 DocuSign Envelope ID: C51F69C1-034B-4250-BB9D-3A797933908D Planning Commission Minutes Tuesday August 23, 2022 ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONER COMMENTS Commissioner Brassfield inquired about appeal application fees. Commissioner Millich suggested the fees offset the cost incurred. Ms. Cole stated the Municipal Code includes a set procedure for establishing fees. Commissioner Freeman agreed with a public comment regarding the Recreation Trail and said the Ordinance cannot be enforced unless there are cameras. Commissioner Latasa suggested agendizing the discussion. Ms. Cole suggested the topic is most appropriate at the Council level and suggested a member of Planning Commission could write a letter to the Mayor. Vice Chair Fletcher suggested this is an enforcement issue. Commissioner Brassfield said he has asked Council for speed limit detection on the trail. Commissioner Millich shared concerns for police officers using pedal bicycles to enforce electric bicycle speed. Commissioner Latasa thanked Hansen Reed for his years serving the Planning Commission, commended him for being smart, fast, and helpful, and said he would be missed. Vice Chair Fletcher agreed. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Update received. ADJOURNMENT There being no further business, the meeting adjourned at 5:31 p.m. Respectfully Submitted, Approved, Kimberly Cole Vice Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday August 23, 2022 7