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Planning Commission Meeting

Regular Meeting

Monterey, CA · November 28, 2023

AgendaMinutesPacket

Minutes

DocuSign Envelope ID: 446D4729-74D7-4F3B-9698-8DEAFBC79FFF MINUTES PLANNING COMMISSION Tuesday, November 28, 2023 4:00 PM – 5:30 PM COUNCIL CHAMBER, 580 PACIFIC STREET MONTEREY, CALIFORNIA Commissioners Present: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa Commissioners Absent: Silva Staff Members Present: Community Development Director Cole, City Attorney Davi Planning Manager Hill, Senior Associate Planner Schmidt, Recording Secretary Barrera, Recording Secretary Arganbright ***Afternoon Session Agenda Only*** 4:00 - 5:30 p.m. CALL TO ORDER Chair Dawson called the meeting to order at 4:00 p.m. Recording Secretary Barrera called the roll and explained to the public how to participate in the meeting remotely. CONSENT ITEMS No Public Comments were made regarding the Consent Agenda. Approval of Minutes 2. November 14, 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 Vice-Chair Bluth, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission approved the November 14, 2023 Minutes as submitted: AYES: 5 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Silva ABSTAIN: 1 COMMISSIONERS: Freeman RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** GENERAL PUBLIC COMMENTS No Public Comments on non-agenda related matters were received. PUBLIC HEARING DocuSign Envelope ID: 446D4729-74D7-4F3B-9698-8DEAFBC79FFF Planning Commission Minutes Tuesday November 28, 2023 3. Consider and Approve 2101 North Fremont Street Hotel; (1) Use Permit UP-20-0227 to Demolish an Existing 18-Room Hotel, Restaurant and Parking Lot; and Construct a New 42-Room Hotel and Parking Lot, and Off-Street Loading Space; (2) Adopt Text Amendments with Clarifying Language in the North Fremont Specific Plan, and Amendments to Monterey City Code Chapter 38 Related to Visitor Accommodation Facility Parking Standards (38-36A), Off-street Parking and Loading Standards (38-115) and Reduced Parking for Other Uses (38-117); (3) Certify Environmental Impact Report prepared for project in accordance with CEQA Article 7, Section 15090; Visitor Accommodation Facility Zoning District, Commercial General Plan Land Use Designation ACTION: Recommended the City Council Adopt a resolution approving with Conditions Use Permit UP-20-0227 to demolish an existing 18-room hotel, restaurant and parking lot; and construct a new 42-room hotel and parking lot, and off-street loading space at 2101 North Fremont Street Recommended the City Council Approve a Resolution Amending the North Fremont Specific Plan to Clarify That the Specific Plan Is Not the General Plan, Specific Plan Policies Do Not Apply to Visitor Accommodation Facility (VAF) -Zoned Lots, And VAF-Zoned Lots Are Subject to The City Charter Requirements at 2101 North Fremont Street Recommended the City Council Adopt an Ordinance Amending Chapter 38 Of the City of Monterey Code Related to Visitor Accommodation Facility Parking Standards (38-36a), Off-Street Parking and Loading Standards (38- 115) And Reduced Parking For Other Uses (38-117) at 2101 North Fremont Street Recommended the City Council (1) Certify An Environmental Impact Report, 2) Adopt Environmental Findings Pursuant To The California Environmental Quality Act, And 3) Adopt The Mitigation Monitoring And Reporting Program For The 2101 North Fremont Street Hotel Project Staff Presentation/Commissioner Questions Senior Associate Planner Schmidt presented the Agenda Report and answered Commissioner questions regarding number of parking spaces, storm water control plan, and the Environmental Impact Report (EIR) mitigation. Applicant Applicant representative, Anthony Lombardo, answered Commissioner questions regarding water and stated they would be willing to add a condition that would extend the noise barrier wall to the easterly border of the property. Appellant Jeff Pack, representative of the appellants (Mahroom family), raised concerns regarding the noise analysis performed for the project and the adequacy/accuracy of the analysis. Appellant Laila Mahroom, owner of the apartment complex next door, spoke against the project. Planning Commission Meeting Minutes Tuesday November 28, 2023 2 DocuSign Envelope ID: 446D4729-74D7-4F3B-9698-8DEAFBC79FFF Planning Commission Minutes Tuesday November 28, 2023 Public Comments Zoom User, asked how removal of harmful material, such as asbestos would be handled. Mr. Schmidt provided clarification pertaining to the concerns raised during public comment. Mr. Schmidt said that testing and abatement for various hazardous materials is a requirement. Community Development Director Cole added it is a highly regulated procedure. Chair Dawson reopened public comment. Diane Mahroom, appellant inquired about the consequences if the applicant is not compliant with construction guidelines. Commissioner Comments The Commissioners generally spoke in favor of the project and agreed that the applicant had met all the requests of the Commission. Commissioner Latasa expressed sympathy towards the appellants but said the EIR was thorough and agreed that the applicants have provided all the information requested by the Commission and that the level of analysis was adequate. On a motion by Commissioner Freeman, seconded by Vice-Chair Bluth and carried by the following vote, the Planning Commission adopted a resolution to recommend the City Council approve Use Permit UP-20-0227 to demolish an existing 18-room hotel, restaurant and parking lot; and construct a new 42-room hotel and parking lot, and off-street loading space at 2101 North Fremont Street with the condition to add a sound barrier wall at the north east border: AYES: 6 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Silva ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None On a motion by Commissioner Freeman, seconded by Vice-Chair Bluth and carried by the following vote, the Planning Commission adopted a resolution to recommend the City Council approve a resolution amending the North Fremont specific plan to clarify that the specific plan is not the general plan, specific plan policies do not apply to visitor accommodation facility (VAF) -zoned lots, and VAF-zoned lots are subject to the city charter requirements at 2101 North Fremont Street: AYES: 6 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Silva ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday November 28, 2023 3 DocuSign Envelope ID: 446D4729-74D7-4F3B-9698-8DEAFBC79FFF Planning Commission Minutes Tuesday November 28, 2023 On a motion by Commissioner Freeman seconded by Vice-Chair Bluth and carried by the following vote, the Planning Commission adopted a resolution to recommend the City Council adopt an ordinance amending chapter 38 of the city of Monterey code related to visitor accommodation facility parking standards (38-36a), off-street parking and loading standards (38-115) and reduced parking for other uses (38-117) at 2101 North Fremont Street: AYES: 6 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Silva ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None On a motion by Commissioner Freeman seconded by Commissioner Latasa and carried by the following vote, the Planning Commission adopted a resolution to recommend the City Council approve a resolution of the Planning Commission of the city of Monterey, California recommending the City council: 1) Certify an environmental impact report, 2) Adopt environmental findings pursuant to the California environmental quality act, and 3) Adopt the mitigation monitoring and reporting program for the 2101 North Fremont Street hotel project with the condition to correct the typographical on page 180 of the Environmental Impact Report (EIR): AYES: 6 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Silva ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONER COMMENTS Commissioner Brassfield requested a discussion on the differences between the North Fremont specific plan and the VAF zoning district. Ms. Cole outlined the Planning office’s work program and suggested agendizing the discussion. Commissioner Latasa asked what the status of the Coastal Plan is. Mr. Hill and Ms. Cole gave an update. INFORMATIONAL REPORTS & STAFF COMMENTS Update received. ADJOURNMENT There being no further business, the meeting adjourned at 5:20 p.m. Planning Commission Meeting Minutes Tuesday November 28, 2023 4 DocuSign Envelope ID: 446D4729-74D7-4F3B-9698-8DEAFBC79FFF Planning Commission Minutes Tuesday November 28, 2023 Respectfully Submitted, Approved, Levi Hill Chair Planning Manager Planning Commission Planning Commission Meeting Minutes Tuesday November 28, 2023 5

Agenda

Planning Commission Meeting Agenda Commissioners Mike Dawson, Chair Robert Bluth, Vice Chair Planning Commission Meeting Mike Brassfield Daniel Fletcher Tuesday, November 28, 2023 Sandra Freeman Terry Latasa 4:00 PM Council Chamber, 580 Pacific St. Peter Silva 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). PUBLIC COMMENT PROCEDURES AND TIME LIMITS: The total amount of time allocated for public comment on a particular issue and for each individual speaker is generally as follows: 1. Up to three minutes per speaker. 2. For regular Planning Commission meetings, there are two 15-minute public comment periods, one in the afternoon and one in the evening. Speakers may only comment during one session. 3. The total time allocated for public comment: a. Items pulled from the consent agenda – 15 minutes each item b. Public Appearance items – 30 minutes each item c. Public Hearing items – 30 minutes each item At the time an item is considered, the Chair will ask those attending the meeting in person to line up at the podium or raise their hands, and for remote participants to use *9 on the telephone or the “raise hand” function in Zoom, if they wish to address the Planning Commission. The maximum amount of time for each person to speak and the total amount of time allotted for each item will be determined based on the number of people indicating an interest in speaking and the amount of business to be conducted on the agenda. In exceptional circumstances and when necessary to ensure a full opportunity for public input, the Chair may, with the Planning Commission’s consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. FIELD TRIP The Planning Commission will no conduct a field trip to review the November 28, 2023 PC meeting agenda. For more information, call (831) 646-3885. Date Posted: November 22, 2023 ***Afternoon Session Agenda Only*** 4:00 - 5:30 p.m. CALL TO ORDER 1. Meeting Procedures CONSENT AGENDA All matters listed under Consent Agenda are routine and will be adopted by one motion unless a member of the Planning Commission or the public requests discussion or a separate vote. Approval of Minutes 2. November 14, 2023 ***End of Consent Agenda*** GENERAL PUBLIC COMMENTS The public may speak to any item that is not on the agenda and that is in the City of Monterey’s subject matter jurisdiction. PUBLIC HEARING Public Hearings are held to receive a staff presentation and public comment on certain items prior to Planning Commission action. NOTICE CONCERNING YOUR LEGAL RIGHTS: If you challenge the Planning Commission’s zoning, planning, or land use decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing on the matter, or in written correspondence delivered to the City at the time of or prior to the public hearing. (Government Code section 65009.) 3. Consider and Approve 2101 North Fremont Street Hotel; (1) Use Permit UP- 20-0227 to Demolish an Existing 18-Room Hotel, Restaurant and Parking Lot; and Construct a New 42-Room Hotel and Parking Lot, and Off-Street Loading Space; (2) Adopt Text Amendments with Clarifying Language in the North Fremont Specific Plan, and Amendments to Monterey City Code Chapter 38 Related to Visitor Accommodation Facility Parking Standards (38-36A), Offstreet Parking and Loading Standards (38-115) and Reduced Parking for Other Uses (38-117); (3) Certify Environmental Impact Report prepared for project in accordance with CEQA Article 7, Section 15090; Visitor Accommodation Facility Zoning District, Commercial General Plan Land Use Designation Planning Commission 11/28/2023 4:00:00 PM 2 COMMISSIONER COMMENTS Commissioners may ask a question for clarification, make a brief announcement, or make a brief report on their activities. In addition, a Commissioner or the Planning Commission may provide a referral to staff or other resources for factual information. (Government Code section 54954.2(a)(3).) INFORMATIONAL REPORTS & STAFF COMMENTS Staff may make announcements and may request clarification or direction regarding the scheduling of meetings and study sessions. 4. Planning Office Update ADJOURNMENT Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: monterey.org/submitted-comments and in the Planning Office at 570 Pacific St., Monterey, CA 93940 during regular business hours. Information distributed to the Planning Commission at the Planning Commission meeting becomes part of the public record. 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. 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 INTERPRETATION: The Planning Commission invites and encourages public participation at its meetings. Requests for language interpretation may be made by contacting the City Clerk at cityclerk@monterey.org or 831-646-3935. The City Clerk will make every effort to accommodate requests for interpreter assistance. Requests should be made as soon as possible in advance of any meeting of the Planning Commission. The City is committed to addressing language interpretation requests swiftly in order to maximize public participation. ACCESSIBILITY: 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 cityclerk@monterey.org or (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 http://isearchmonterey.org More information is available by calling (831) 646-3885 Planning Commission 11/28/2023 4:00:00 PM 3

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