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Planning Commission Meeting

Regular Meeting

Monterey, CA · March 26, 2024

AgendaMinutesPacket

Minutes

DocuSign Envelope ID: AA519BD5-2212-4C2C-908C-301E33A05408 MINUTES PLANNING COMMISSION Tuesday, March 26, 2024 4:00 PM – 5:30 PM COUNCIL CHAMBER, 580 PACIFIC STREET MONTEREY, CALIFORNIA Commissioners Present: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva Commissioners Absent: None Staff Members Present: Planning Manager Hill, Senior Associate Planner Schmidt, Recording Secretary Barrera ***Afternoon Session Agenda*** 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. GENERAL PUBLIC COMMENTS None. CONSENT AGENDA Approval of Minutes 2. February 27, 2024 (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 Fletcher, and carried by the following vote, the Planning Commission approved the February 27, 2024 Minutes as submitted: AYES: 6 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman, Silva NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Latasa RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** 3. Consider 300 Cannery Row Floodplain Development Permit MFPD-21-1749 and Request for Variance to MCC Section 9-71.5 (Coastal High Hazard Areas) for a Modified Foundation Design DocuSign Envelope ID: AA519BD5-2212-4C2C-908C-301E33A05408 Planning Commission Minutes Tuesday March 26, 2024 ACTION: Approved Floodplain Development Permit MFPD-21-1749 and Request for Variance to MCC Section 9-71.5 (Coastal High Hazard Areas) for a Modified Foundation Design at 300 Cannery Row Staff Presentation/Commissioner Questions Chief of Inspection Services/Building Official Lori Williamson presented the Agenda Report and answered Commissioner questions regarding surrounding buildings, liability, and the purpose of two discretionary reviews. Applicant Applicant Melanie Griswold shared additional details on the purpose of a variance request. Public Comments None. Commissioner Comments The Commissioners spoke in favor of the project, and with a unanimous vote, approved the project. On a motion by Commissioner Brassfield, seconded by Commissioner Latasa and carried by the following vote, the Planning Commission approved Floodplain Development Permit MFPD- 21-1749 and request for variance to MCC Section 9-71.5 (Coastal High Hazard Areas) for a modified foundation design at 300 Cannery Row: 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 4. Consider 774 Wave Street; Use Permit Application UP-23-0151 to Allow Live Entertainment/Dancing with Type 90 ABC License and Mobile Food Vending on Private Property Exceeding 2 Hours; Applicant Rhett A. Smith; Owners Rhett A. Smith and Judith D. Smith; C-2-H2 Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 ACTION: Approved Use Permit Application UP-23-0151 to Allow Live Entertainment/Dancing with Type 90 ABC License and Mobile Food Vending on Private Property Exceeding 2 Hours at 774 Wave Street Staff Presentation/Commissioner Questions Senior Associate Planner Schmidt presented the Agenda Report and answered Commissioner questions regarding the location of the food truck, ADA parking, and water requirements. Applicant Applicant Rhett Smith answered Commissioner questions and shared additional information on the historicity of the property and the intentions for obtaining a use permit. Planning Commission Meeting Minutes Tuesday March 26, 2024 2 DocuSign Envelope ID: AA519BD5-2212-4C2C-908C-301E33A05408 Planning Commission Minutes Tuesday March 26, 2024 Public Comments Several members of the public spoke in favor of the project including, Dennis Murphy, Sloan Campi, Foster Smith, Judy Smith, Garrett Harden, Stone, Nina Parks, Sofyan Karim, Bob Oliver, Dane Torres, John Millman, Steve Vagnini, Mike Buffo, Jamias Henry, Paula Arnold, and a remote commentor. Commissioner Comments The Commissioners spoke in favor of the project and clarified the conditions that staff modified. Staff provided additional clarification on the previous Use Permit approval and public access. Staff reiterated the recommended conditions and modified conditions. On a motion by Commissioner Freeman, seconded by Vice-Chair Bluth and carried by the following vote, the Planning Commission approved Use Permit Application UP-23-0151 to allow live entertainment/dancing with Type 90 ABC License and mobile food vending on private property exceeding 2 Hours at 774 Wave 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 COMMISSIONER COMMENTS Commissioner Brassfield recommended Planning Commissioner training. Vice-Chair Bluth agreed. INFORMATIONAL REPORTS & STAFF COMMENTS Mr. Hill provided an update on the Draft Housing Element. Community Development Director Cole shared an update on the Local Coastal Program (LCP). ADJOURNMENT There being no further business, the meeting adjourned at 5:41 p.m. Respectfully Submitted, Approved, Levi Hill Chair Planning Manager Planning Commission Planning Commission Meeting Minutes Tuesday March 26, 2024 3

Agenda

Planning Commission Meeting Agenda Commissioners Mike Dawson, Chair Robert Bluth, Vice Chair Planning Commission Meeting Mike Brassfield Daniel Fletcher Tuesday, March 26, 2024 Sandra Freeman Terry Latasa 4:00 PM – 5:30 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 not conduct a field trip to review the March 26, 2024 PC meeting agenda. For more information, call (831) 646-3885. Date Posted: March 22, 2024 ***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. February 27, 2024 ***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 300 Cannery Row Floodplain Development Permit MFPD-21-1749 and Request for Variance to MCC Section 9-71.5 (Coastal High Hazard Areas) for a Modified Foundation Design; Applicant: 300, LLC c/o Melanie Griswold; Owner: 300, LLC c/o Glen Yonekura; CR Zoning District; Commercial General Plan Land Use Designation; CEQA: Mitigated Negative Declaration SCH# 2010061043 4. Consider 774 Wave Street; Use Permit Application UP-23-0151 to Allow Live Entertainment/Dancing with Type 90 ABC License and Mobile Food Vending on Private Property Exceeding 2 Hours; Applicant Rhett A. Smith; Owners Rhett A. Smith and Judith D. Smith; C-2-H2 Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 Planning Commission 3/26/2024 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. 5. 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 3/26/2024 4:00:00 PM 3

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