Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, October 9, 2012 EVENING SESSION ONLY 7:00 PM - 11:00 PM FEW MEMORIAL HALL OF RECORDS, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: McCrone, Osorio, Stocker, Reed, Widmar, Garden Commissioners Absent: Davis Staff Members Present: Chief of Planning, Engineering, and Environmental Rerig, Principal Planner Cole, Senior Associate Planner Bennett, Recording Secretary Hanes CALL TO ORDER Chair Garden called the meeting to order at 7:01 pm. CONSENT ITEMS On a motion by Commissioner Stocker, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 6 COMMISSIONERS: Garden, McCrone, Osorio, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. September 25, 2012 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. Consider 399 Drake and 320 Hawthorne, Use Permit 12-208 Allowing Conversion of Guest Quarters to Offices at an Existing Residential Care Facility; Applicant Matt Nohr; Owner Ann Butler; R-3-5-H2 Zoning District; Exempt from CEQA Requirements ACTION: Adopted a Resolution approving offices at an existing Residential Care General Facility.  Planning Commission Minutes Tuesday, October 9, 2012 Staff Presentation and Commission Questions: Kim Cole presented the Agenda Report and answered Commissioners' questions. Applicant: Ann Butler was present. Matt Nohr, Wald, Ruhnke and Dost Architects, said over time the use has changed and the proposed changes are being made to accommodate the changed uses. Public Comment: None. Commission Comments: Commissioner Stocker made a motion to adopt a Resolution approving offices at an existing Residential Care General Facility. Commissioner Osorio seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission adopted a Resolution approving offices at an existing Residential Care General Facility: AYES: 6 COMMISSIONERS: Garden, McCrone, Osorio, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Consider 1298 Mark Thomas Drive Appeal 12-263 of Use Permit 12-226 for Modifications to an Existing Personal Service Wireless Communication Facility; Appellant Nina Beety; Applicant Jason Osborne; Owner Pebble Beach Company/Hyatt Regency Monterey; VAF Zoning District; Exempt from CEQA Requirements ACTION: Adopted a Resolution denying the appeal and approving the project. Staff Presentation and Commission Questions: Todd Bennett presented the Agenda Report and along with Kim Cole, answered Commissioners' questions. Appellant: Nina Beety said wireless facilities have a negative effect on the environment and the people surrounding them and cited various studies that support her statement. She said there are gauges the City can purchase that can measure the negative radiation from the cellular towers. She could not find information in the proposed project submittal that indicated the expected wattage, what the antennas will be regulating, measurements during peak activity and how frequently the facility will be monitored. She expressed concern that approval of the project is a safety issue and requested the City consider the health effects to the surrounding people before approving the project. Applicant: Rosemary Byrne, Crown Castle Agency, said she has not viewed the information presented by Ms. Beety. The majority of the effects Ms. Beety described are a result of Planning Commission Meeting Minutes Tuesday, October 9, 2012 2 Planning Commission Minutes Tuesday, October 9, 2012 holding the cell phone to your ear and not a result of the antennas. She said the project is within the FCC regulations. She also said it has not been proven that there is a direct negative effect on people on the ground from being around cell phone towers. In answer to Commissioner McCrone's question regarding antennas, Ms. Byrne said the FCC regulates the amount of cell towers located in one area. Public Comments: Marcia Hardy, Oak Grove resident, expressed concern about the health issues cell towers present. She suggested staff take time to further research the impact from the installation of the towers. Lorna Moffit said she has loss of hearing, hears sounds in the middle of the night and cancer from cell phone usage. She said the cell towers emit the same radiation as a cell phone and suggested staff examine the health issues associated with cell towers. Commission Comments: Commissioner Osorio asked staff what could happen if the Commission grants the appeal and denies the application for additional cell towers. Mr. Bennett said the original applicant could potentially appeal the decision. Commissioner Stocker said the City does not have the authority to change federal law. The item should not have been schedule for Commission review because it is not the right forum. He made a motion to adopt a Resolution denying the appeal and approving the project. Commissioner Widmar seconded the motion and said there is evidence that driver distraction from cell phone use causes accidents. However, until documentation is presented that conclusively links cell phone towers to health issues, the Federal Government will not impose additional regulations. He also concurred that the concern should have been presented at a different forum and suggested the appellant continue pursuing the right venue to express these concerns. Commissioner McCrone said the Planning Commission would be breaking the law if the appeal was granted and also suggested the appellant present her concerns to the appropriate forum and he will be supporting the motion. Commissioner Reed concurred with everything said and suggested adding a finding in the Resolution indicating the reasoning behind the Commission having no jurisdiction to compete with FCC laws and regulations. Commissioner Stocker and Commissioner Widmar concurred with the addition to the motion. Commissioner McCrone requested an accurate count of the current number of antennas located on the property and make the information known to the public. On a motion by Commissioner Stocker, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission adopted a Resolution denying the appeal and approving the project: AYES: 6 COMMISSIONERS: Garden, McCrone, Osorio, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday, October 9, 2012 3  Planning Commission Minutes Tuesday, October 9, 2012 COMMISSIONERS COMMENTS 4. Response to Commissioners’ Comments at the September 25, 2012 Meeting Report received. New Comments:  Commissioner Osorio referenced correspondence he submitted to staff regarding concerns about signage in the Downtown Area and an update on the intended use of the Golden State Theater. He made mention of a Neon sign and a store front that has covered the window with signage and expressed concern that these were not in compliance with the Sign Ordinance. He also said questioned why the Golden State Theater had loud music in the evening and requested clarification on the intended use of the facility and the relationship to alcohol.  Commissioner McCrone informed the Commission that the Waterfront Subcommittee held a meeting to review the five proposals received to occupy the use at the Passenger Depot. He said the Subcommittee has narrowed the choice to two restaurants for the final phase of the process and both proposals have agreed to a 10 year lease.  Commissioner Stocker informed the Commission that the Downtown Subcommittee met with representatives from the Historic Preservation Commission and the Architectural Review Committee to review the Downtown Specific Plan. He said the next phase of the plan is in final preparation of being published.  Commissioner Reed said the community has expressed that they are pleased that The Luxe is no longer in business. INFORMATIONAL REPORTS & STAFF COMMENTS 5. Planning Office Update Report received and reviewed.  Ms. Cole informed the Commission that at the October 23, 2012 Planning Commission Meeting, Wayne Dalton will be presenting at the afternoon session and the evening will be devoted to the North Fremont Specific Plan. ADJOURNMENT There being no further business, the meeting adjourned at 8:47 P.M. Respectfully Submitted, Approved, Kimberly Cole Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, October 9, 2012 4