Planning Commission Meeting

Name: Planning Commission Meeting — Monterey, CA
Start: 2023-10-24T16:00:00
End: 2023-10-24T18:00:00
Location: Monterey, CA

Regular Meeting

Monterey, CA · October 24, 2023

Agenda Minutes Packet

Minutes

DocuSign Envelope ID: DE299D8F-98B9-47AB-AB8C-631B12655206 MINUTES PLANNING COMMISSION CITY OF MONTEREY Tuesday, October 24, 2023 4:00 PM – 5:30 PM 7:00 PM – 11:00 PM COUNCIL CHAMBER, 580 PACIFIC STREET MONTEREY, CALIFORNIA Commissioners Present: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva Commissioners Absent: None Staff Members Present: Community Development Director Cole, City Attorney Davi, Planning Manager Hill, Associate Planner Buggert, Recording Secretary Cleary ***Afternoon Session Agenda*** 4:00 p.m. – 5:30 p.m. CALL TO ORDER Chair Dawson called the meeting to order at 4:00 p.m. and Recording Secretary Cleary called the roll and explained to the public how to participate in the meeting remotely. CONSENT ITEMS No comments were made regarding the Consent Agenda. Approval of Minutes 2. October 10, 2023 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) ACTION: Approved as submitted. On a motion by Commissioner Freeman, seconded by Commissioner Silva, and carried by the following vote , th e Planning Commission approved the October 10, 2023 Minutes as submitted: AYES: 7 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS (MATTERS NOT ON AGENDA) No Public Comments on non-agenized matters were received. PUBLIC HEARING DocuSign Envelope ID: DE299D8F-98B9-47AB-AB8C-631B12655206 Planning Commission Minutes Tuesday October 24, 2023 3. Recommend City Council Approve Amendments to the City Zoning Ordinance to Authorize and Regulate a Limited Number and Type of Cannabis Businesses and Rezoning Multiple Parcels to Include a Cannabis Business Overlay District; Exempt from CEQA per Public Resources Code Section 21083.3 and State CEQA Guidelines Section 15183 ACTION: Adopted Resolutions Recommending that the City Council Approve Amendments to the City Zoning Ordinance to Authorize and Regulate a Limited Number and Type of Cannabis Businesses and Rezone Multiple Parcels to Include a Cannabis Business Overlay District Staff Presentation/Commissioner Questions Associate Planner Buggert presented the Agenda Report and answered Commissioner questions regarding proximity to schools, non-storefront delivery, other local cities’ cannabis retail processes, application assessment and Council approval processes, facility construction, and onsite safety. Public Comments Public comment was received from: Johnrico Carr, who advocated for medical cannabis caregiving and questioned the selection process for County Fairground events; Esther Malkin, on behalf of Del Monte Grove/Laguna Grande Neighborhood, who affirmed the group is not against cannabis but requested that cannabis store proximity to neighborhoods fall under the same distance regulations that apply to schools; and Richard Ruccello, on behalf of Casanova Oak Knoll Neighborhood Association, who advocated for approval of the proposed locations and map as presented, spoke in favor of allowing medicinal cannabis, and advocated for high security requirements at each location. Commissioner Comments The Commission expressed general satisfaction with the thoroughness of the presentation and materials provided, confirmed they encompass the City’s goals, and further discussed safety precautions and application processes. Commissioner Silva motioned to adopt a Resolution recommending City Council adopt an Ordinance amending the City Zoning Ordinance to authorize and regulate a limited number and type of Cannabis Businesses and rezone multiple parcels to be included in a cannabis Business Overlay District. Commissioner Fletcher seconded the motion, which the Commission upheld unanimously. On a motion by Commissioner Silva, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission adopted a Resolution recommending City Council adopt an Ordinance amending the City Zoning Ordinance to authorize and regulate a limited number and type of Cannabis Businesses and rezone multiple parcels to be included in a cannabis Business Overlay District: AYES: 7 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday October 24, 2023 2 DocuSign Envelope ID: DE299D8F-98B9-47AB-AB8C-631B12655206 Planning Commission Minutes Tuesday October 24, 2023 ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Commissioner Latasa motioned to adopt a Resolution recommending City Council accept the Planning Office determination that adoption of a Cannabis Business Regulations Ordinance is exempt from CEQA per Public Resources Code section 21083.3 and State CEQA Guidelines section 15183. Commissioner Silva seconded the motion, which carried unanimously. On a motion by Commissioner Latasa, seconded by Commissioner Silva and carried by the following vote, the Planning Commission adopted a Resolution recommending City Council accept the Planning Office determination that adoption of a Cannabis Business Regulations Ordinance is exempt from CEQA per Public Resources Code section 21083.3 and State CEQA Guidelines section 15183: AYES: 7 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None RECESS 5:30 p.m. ***End of Afternoon Session Agenda*** The Planning Commission recessed at 4:54 p.m. and reconvened at 7:00 p.m. with all Commissioners present. ***Evening Session Agenda*** 7:00 p.m. – 11:00 p.m. CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA) No Public Comments on non-agenized matters were received. PUBLIC HEARING (EVENING) 4. Consider 420 Tyler Street; Use Permit Amendment Application PA-23-0203 to Allow Continued Operation of a Night Club (Restaurant – Major); Applicant Ken Lesiak; Owner Igor Garvic; PC-D-H1 Zoning District; Commercial General Plan Designation; Exempt from CEQA per Article 19, Section 15301, Class 1 ACTION: Approved Use Permit Amendment Application PA-23-0203 to Allow Continued Operation of a Night Club (Restaurant – Major) at 420 Tyler Street Planning Commission Meeting Minutes Tuesday October 24, 2023 3 DocuSign Envelope ID: DE299D8F-98B9-47AB-AB8C-631B12655206 Planning Commission Minutes Tuesday October 24, 2023 Staff Presentation/Commissioner Questions Associate Planner Buggert presented the Agenda Report and answered Commissioner questions regarding the trial period and property ownership since that requirement was set. Applicant Applicant Ken Lesiak introduced himself, advocated for approval, and responded to Commissioner questions regarding business operations. Public Comments None. Commissioner Comments The Commission spoke in support of approval, alleging that the proposal seemed straightforward and that the business will likely not be problematic. On a motion by Commissioner Freeman, seconded by Commissioner Bluth and carried by the following vote, the Planning Commission approved Use Permit Amendment application PA- 23-0203 to allow continued operation of a Night Club (Restaurant – Major) at 420 Tyler Street: AYES: 7 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 5. Consider 95 Prescott Avenue; Application AP-23-0199 Appealing Architectural Review Committee Resolution A23-031 Approving Sign Permit SI-23-0173 for Two Wall Signs, One Projecting Sign, and One Hanging Sign; Appellant Marco Ospina; Property Owner The Cannery Row Company, L.P.; C-2 Zoning District (Community Commercial District); Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15311, Class 11 ACTION: Continued the item to a date certain of November 14, 2023, to allow Applicants to develop and return with a new proposal with a maximum of 265 square feet of signage Staff Presentation/Commissioner Questions Associate Planner Buggert presented the Agenda Report and answered Commissioner questions. Discussion points included the Sign Ordinance, previously approved signs, historical significance of the building, existing versus approved signs, permitted versus approved maximum sign area, and character of other signage in the Cannery Row area. Applicant Brandon Robinson and Marco Ospina were present to answer questions on behalf of Tipsy Putt, provided more detail regarding the original proposal and recent approval, and advocated for approval of the signs proposed to replace existing marquee signs. Planning Commission Meeting Minutes Tuesday October 24, 2023 4 DocuSign Envelope ID: DE299D8F-98B9-47AB-AB8C-631B12655206 Planning Commission Minutes Tuesday October 24, 2023 Public Comments None. Commissioner Comments The Commission generally spoke in favor of upholding the Appeal. Members and Staff further discussed differences in proposed versus approved signage and sign coverage, restrictions due to Planning Commission (PC) purview, and remaining options for potential action. Vice Chair Bluth motioned to continue the item to a date certain of November 14, 2023, to allow Applicants to develop and return with a new proposal with a maximum of 265 square feet of signage. Commissioner Silva seconded the motion, which carried unanimously. On a motion by Vice Chair Bluth, seconded by Commissioner Silva and carried by the following vote, the Planning Commission continued the item to a date certain of November 14, 2023, to allow the Applicant time to develop a new proposal with a maximum of 265 square foot of signage: AYES: 7 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONER COMMENTS The Planning Commission briefly discussed eminent sea level rise, future Commissioner training opportunities, and new Zoom policies for public comments at public meetings. INFORMATIONAL REPORTS & STAFF COMMENTS Update received. ADJOURNMENT There being no further business, the meeting adjourned at 8:40 p.m. Respectfully Submitted, Approved, Levi Hill Chair Planning Manager Planning Commission Planning Commission Meeting Minutes Tuesday October 24, 2023 5

Agenda

Planning Commission Commissioners Mike Dawson, Chair Amended Meeting Agenda Robert Bluth, Vice Chair Mike Brassfield Tuesday, October 24, 2023 Daniel Fletcher Sandra Freeman 4:00 PM – 5:30 PM Terry Latasa ZoomGov Teleconference and 7:00 PM – 11:00 PM Peter Silva Council Chamber, 580 Pacific St., Monterey, California How to participate in this meeting:  Written comment: Members of the public may submit comment(s) to planning@monterey.org until ½ hour before the start of the meeting. These messages are not read aloud during the meeting but are made available to the meeting body and public at https://monterey.org/submitted-comments. All comments received become part of the record.  In-Person: Please see the meeting location listed above. Wearing a mask is recommended and encouraged.  Remote via ZoomGov Webinar: o Join on a computer or smartphone:  https://monterey-org.zoomgov.com/j/1619908039 An up-to-date version of the Zoom software must be used. o Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, CA) or 646-828-7666 (NY). If one number doesn’t work, please try another.  Enter Webinar ID: 161 990 8039 #  If prompted to enter a participant ID, press #  To “raise your hand,” dial *9. Once called upon, dial *6 to unmute o Need help using or updating Zoom? Read our Zoom Meeting Instructions (PDF)  This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90-second delay). FIELD TRIP The Planning Commission will not conduct a field trip to review the October 24, 2023 PC meeting agenda. For more information, call (831) 646-3885. Date Posted: October 20, 2023 ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER 1. Meeting Procedures CONSENT ITEMS CONSENT ITEMS allow for a review of those items recommended for approval on consent or recommended to be continued, tabled or withdrawn, etc. Consent items consist of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Commissioner may request that an item recommended for approval on consent be heard on the regular agenda for further discussion. If an item is pulled from the Consent Agenda for discussion, the Chair will request that persons wishing to speak on topics that are not on the agenda line up at the podium or use the “raise hand” function in Zoom, to determine the number of persons interested in speaking. The amount of time for public comment will be determined based on the number of persons interested in speaking. The maximum time allotted for public comment is 15 minutes. In exceptional circumstances and when necessary to ensure full opportunity for public input, the board chair may, with board consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. Approval of Minutes 2. October 10, 2023 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) ***End of Consent Agenda*** PUBLIC COMMENTS (MATTERS NOT ON AGENDA) PUBLIC COMMENTS. At this time, the public may speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey Planning Commission and which is not on the agenda. The Chair will request that persons wishing to speak on topics that are not on the agenda line up at the podium or use the “raise hand” function in Zoom, to determine the number of persons interested in speaking. The amount of time for public comment will be determined based on the number of persons interested in speaking. The maximum time allotted for public comment is 15 minutes. In exceptional circumstances and when necessary to ensure full opportunity for public input, the board chair may, with board consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. Any person or group desiring to bring an item to the attention of the Commission may do so during Public Comments or by addressing a letter of explanation to the Commission, City Hall, Monterey, CA 93940. Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are required by law for certain actions. You are welcome to offer your comments after being recognized by the Chair. The Chair may limit the time allocated to each speaker. Project representation is encouraged. The Chair will request that persons wishing to speak line up at the podium or use the “raise hand” function in Zoom, to determine the number of persons interested in speaking on Public Hearing items. The amount of time for public comment on each Public Hearing item will be determined based on the number of persons interested in speaking. The maximum time allotted for public comment for each item is 15 minutes. In exceptional circumstances and when necessary to ensure full opportunity for public input, the board chair may, with board consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. 3. Recommend City Council Approve Amendments to the City Zoning Ordinance to Authorize and Regulate a Limited Number and Type of Cannabis Businesses and Rezoning Multiple Parcels to Include a Cannabis Business Overlay District; Exempt from CEQA per Public Resources Code Section 21083.3 and State CEQA Guidelines Section 15183 RECESS 5:30 p.m. RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m. CONTINUED PUBLIC COMMENTS Planning Commission 10/24/2023 4:00:00 PM 2 CONTINUED PUBLIC COMMENTS. At this time, the public may speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey Planning Commission and which is not on the agenda. The Chair will request that persons wishing to speak on topics that are not on the agenda line up at the podium or use the “raise hand” function in Zoom, to determine the number of persons interested in speaking. The amount of time for public comment will be determined based on the number of persons interested in speaking. The maximum time allotted for public comment is 15 minutes. In exceptional circumstances and when necessary to ensure full opportunity for public input, the board chair may, with board consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. Any person or group desiring to bring an item to the attention of the Commission may do so during Public Comments or by addressing a letter of explanation to the Commission, City Hall, Monterey, CA 93940. Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are required by law for certain actions. You are welcome to offer your comments after being recognized by the Chair. The Chair may limit the time allocated to each speaker. Project representation is encouraged. The Chair will request that persons wishing to speak line up at the podium or use the “raise hand” function in Zoom, to determine the number of persons interested in speaking on Public Hearing items. The amount of time for public comment on each Public Hearing item will be determined based on the number of persons interested in speaking. The maximum time allotted for public comment for each item is 15 minutes. In exceptional circumstances and when necessary to ensure full opportunity for public input, the board chair may, with board consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. 4. Consider 420 Tyler Street; Use Permit Amendment Application PA-23-0203 to Allow Continued Operation of a Night Club (Restaurant – Major); Applicant Ken Lesiak; Owner Igor Garvic; PC-D-H1 Zoning District; Commercial General Plan Designation; Exempt from CEQA per Article 19, Section 15301, Class 1 5. Consider 95 Prescott Avenue; Application AP-23-0199 Appealing Architectural Review Committee Resolution A23-031 Approving Sign Permit SI-23-0173 for Two Wall Signs, One Projecting Sign, and One Hanging Sign; Appellant Marco Ospina; Property Owner The Cannery Row Company, L.P.; C-2 Zoning District (Community Commercial District); Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15311, Class 11 COMMISSIONERS COMMENTS COMMISSIONERS may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, a Commissioner may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda. (G.C. 54954.2) INFORMATIONAL REPORTS & STAFF COMMENTS INFORMATIONAL REPORTS & STAFF COMMENTS supply information on activities or announcements and may request clarification or direction regarding the scheduling of meetings and study sessions. Planning Commission 10/24/2023 4:00:00 PM 3 6. Planning Office Update ADJOURNMENT ADJOURNMENT — The general policy of the Planning Commission is that the Afternoon Session will end no later than 5:30 p.m. and the Evening Session will end no later than 11:00 p.m. Any public agenda items that have not been completed within the designated adjournment time may be formally extended by the Commission, or continued to the next regularly scheduled Planning Commission Meeting, or continued to a Special Meeting. Agenda packets may be reviewed by the public in the Monterey Public Library, in the Planning Office, or on the web at http://www.monterey.org beginning late Friday afternoon prior to the date of the meeting. Members of the public have the right to address the Commission on any Agenda items. The Chair will formally open the floor for public comment. However, if you wish to speak to items during "Consent Agenda" or "Staff Informational Report," please advise the staff or the Chair prior to the action on that item and you will be recognized. Notification as much in advance as possible is appreciated. Information distributed to the Commission at the meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided to the Secretary for this purpose. Planning Commission decisions may be appealed within ten (10) days from the date of the decision on forms available in the Planning Division during business hours. When the tenth day falls on a weekend or a holiday, the appeal deadline date is the next working day following the holiday or weekend. An appeal fee will apply. For more agenda information, call the Planning Office at (831) 646-3885. Planning Commission Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: (831) 646-3799 FAX: (831) 646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646- 3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communication-related assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device. Upcoming city meetings are listed at https://www.monterey.org More information is available by calling 646-3885 Planning Commission 10/24/2023 4:00:00 PM 4

Get email alerts for Monterey

A daily email when new agendas and minutes are posted.

Report an issue with this meeting