Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, February 11, 2014 4:00 pm - 5:30 pm 7:00 pm - 11:00 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: McCrone, Osorio, Davis, Garden, Stocker, Reed, Widmar Commissioners Absent: None Staff Members Present: Principal Planner Kimberly Cole, City Attorney Christine Davi, Traffic Engineer Rich Deal, Recording Secretary Joyce Halabi CALL TO ORDER Chair McCrone called the meeting to order at 4:02 pm. CONSENT ITEMS On a motion by Commissioner Garden, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 7 COMMISSIONERS: McCrone, Osorio, Davis, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. January 28, 2014 ACTION: Adopted the January 28, 2014 minutes as amended. Commissioner Osorio said the minutes need to be altered to reflect that the following language was removed from the Resolution for 230 Lighthouse Ave: The City of Monterey General Plan prioritizes new residential development in mixed use developments in three areas of the City, including the Cannery Row/Lighthouse Avenue Area (Map 4 of the General Plan, showing Mixed-use Neighborhoods) (adopted by resolution). Additionally, through the City’s review of Requests for Proposals for Economic and Environmental Sustainability Water, the Project was awarded1.358 acre feet to make the difference from the credited historical water uses on the subject properties (also adopted by resolution). ***End of Consent Agenda***  Planning Commission Minutes Tuesday, February 11, 2014 PUBLIC COMMENTS Nina Beety asked if the Planning Commission had taken any action on her request made on October 23, 2013 to reexamine exposure guidelines for Personal Wireless Facilities. In response to Ms. Beety’s question, Ms. Cole said the Planning Commission has not directed staff to schedule this issue for a Planning Commission meeting. PUBLIC HEARING 2. Consider 400 Cannery Row; Application 13-471 to Amend Use Permit 80-73 and Variance Permit 95-24 to allow the General Public Access to the Spa; Applicant: John Narigi; Property Owner: Cannery Row Company; VAF Zoning District; Exempt from CEQA Requirements ACTION: Adopted a Resolution amending Use Permit 80-73 and Variance Permit 95-24 allowing the general public access to the spa. Staff Presentation/Commissioner Questions Kimberly Cole presented the Agenda Report and answered Commissioners’ questions. Applicant John Narigi, General Manager of Monterey Plaza Hotel and Spa, said the hotel provides a valet service, validates parking and allows access of the parking garage to both employees and guests and has never reached capacity. Mr. Narigi said 73% spa users are hotel guests and are provided priority. In response to Commissioner Garden’s question, Mr. Narigi said they began opening the spa up to the public in 2009. Public Comment None. Commissioner Comments Commissioner Davis made a motion to adopt a Resolution amending Use Permit 80-73 and Variance Permit 95-24 allowing the general public access to the spa. Commissioner Osorio seconded the motion. On a motion by Commissioner Davis, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission adopted a Resolution amending Use Permit 80-73 and Variance Permit 95-24 allowing the general public access to the spa. Planning Commission 2 Meeting Minutes Tuesday, February 11, 2014 2  Planning Commission Minutes Tuesday, February 11, 2014 AYES: 7 COMMISSIONERS: McCrone, Osorio, Davis, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Recommend that the City Council Amend Monterey City Code Section 38-112.4 (Personal Wireless Facilities Ordinance) to Comply with Changes to Federal Law (CEQA - Not a Project) ACTION: Continued the item to the March 11, 2014 Planning Commission meeting to allow staff to amend the Ordinance to include language to ensure a cap on cumulative change, allow staff to explore the option of administrative approval process that would allow public review and provide greater information on how the FCC monitors and enforces their licenses. Staff Presentation/Commissioner Questions Christine Davi presented the Agenda Report and answered Commissioners’ questions. Public Comment Laurie Putnam requested the City continue to evaluate personal wireless facility modification applications at the Architectural Review level and expressed concern that the Ordinance, as written, would allow cumulative changes to a site with minimal review. Nina Beety expressed concern that the Ordinance amendment would allow substantial changes to personal wireless service facilities without any public input. Ms. Beety said the Ordinance does not require the applicants to comply with the Federal Communications Commission’s (FCC) requirements. Ms. Betty said the review of personal wireless service facilities is subject to environmental review under the California Environmental Quality Act and requested the Commission deny the ammendment and enact a moratorium on new modifications of personal wireless service facilities until the regulations have been decided on by the FCC. In response to public comment, Ms. Davi said the administrative review process is mandatory by the federal statute for all projects that meet the standards. Ms. Davi said her interpretation of the Ordinance does not allow for compounding. She said CEQA applies only to discretionary reviews and because these types of applications are no longer eligible for discretionary review, CEQA does not apply. Commissioner Comments: Commissioner Reed suggested adding language to reflect the City’s interpretation that compounding is prohibited. In response to Commissioner Garden’s question, Ms. Davi said all sites will remain as is and upon application of modification staff will evaluate the significance. Planning Commission 3 Meeting Minutes Tuesday, February 11, 2014 3 Planning Commission Minutes Tuesday, February 11, 2014 In response to Commissioner discussion, Ms. Cole clarified the administrative review process does not involve a public hearing. She said the adjacent property owners are notified, a letter of approval is sent and the decision is appealable up to 10 days from the approval date. Commissioner Osorio said he supports the addition of language to highlight the interpretation that compounding is prohibited. In response to Commissioner Stocker, Ms. Davi said in Southern California a city was prevented from requiring emission standards testing at the time of the application and post installation as a monitoring tool. Commissioner McCrone said he would like additional language placed in the Ordinance allowing members of the community an opportunity to speak at a public hearing and suggested altering subsection C. Commissioner McCrone suggested continuing the item to allow staff to provide clarity on how the FCC monitors and enforces their licenses. Commissioner Stocker said he would like the following language added to subsection C, “will be and are in compliance with the FCC standards.” He said it is important the City has the authority to prove the applicants are in compliance. Commissioner Widmar concurred. In response to Commissioner Osorio’s question, Ms. Davi said it is vital the Ordinance amendment be adopted in order to comply with federal law. She said the only matter the FCC continues to debate pertains to the definition of “significant changes.” Commissioner Osorio made a motion to continue the item to the March 11, 2014 Planning Commission meeting to allow staff to amend the Ordinance to include language to ensure a cap on cumulative change, allow staff to explore the option of an administrative approval process that would allow public review and provide greater information on how the FCC monitors and enforces their licenses. Commissioner McCrone seconded the motion. On a motion by Commissioner Osorio, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission Continued the item to the March 11, 2014 Planning Commission meeting to allow staff to amend the Ordinance to include language to ensure a cap on cumulative change, allow staff to explore the option of an administrative approval process that would allow public review and provide greater information on how the FCC monitors and enforces their licenses. AYES: 7 COMMISSIONERS: McCrone, Osorio, Davis, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission 4 Meeting Minutes Tuesday, February 11, 2014 4  Planning Commission Minutes Tuesday, February 11, 2014 4. Recommend that the City Council Amend Monterey City Code Sections 38-22 through 38-25 to Delete the Limitation that there be "No More than Two Boarders or Lodgers" in a Single Family Residence (CEQA - Not a Project) ACTION: Recommended that the City Council amend Monterey City Code, Chapter 38 Article 5, sections 22 through 25 to delete the limitation that there be “no more than two boarders or lodgers” per single family residence. Staff Presentation/Commissioner Questions Christine Davi presented the Agenda Report and answered Commissioners’ questions. Staff reminded the Commission about the letter received from the New Monterey Neighborhood Association. Public Comment: None. Commissioner Comments: Commissioner Reed made a motion to recommend that the City Council amend Monterey City Code, Chapter 38 Article 5, Sections 22 through 25 to delete the limitation that there be “no more than two boarders or lodgers” per single family residence. Commissioner Stocker seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission Recommended that the City Council amend Monterey City Code, Chapter 38 Article 5, Sections 22 through 25 to delete the limitation that there be “no more than two boarders or lodgers” per single family residence. AYES: 7 COMMISSIONERS: McCrone, Osorio, Davis, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING Planning Commission 5 Meeting Minutes Tuesday, February 11, 2014 5  Planning Commission Minutes Tuesday, February 11, 2014 6. Consider 459 Alvarado Street; Use Permit 13-264 to Allow Off Street Parking in the Alvarado District - Downtown Specific Plan; Applicant/Owner: Saucito Land Company; PC-D Zoning District; Infill Environmental Checklist - Finding for No Further Review for CEQA ACTION: Adopted Resolutions approving a Use Permit to allow off-street parking in the Alvarado District of the Downtown Specific Plan and a finding of no further and direction to file a Notice of Determination. Staff Presentation/Commissioner Questions Kimberly Cole presented the Agenda Report and answered Commissioners’ questions. Applicant Jerry Anderson, Saucito Land Company, said he is excited to see this project come to fruition and requested approval of the project. Public Comment Dan Albert said the project is an essential component to revitalizing the downtown area. Commissioner Comments Commissioner Stocker said the proposed project will be an excellent addition to Alvarado Street. Commissioner Stocker made a motion to adopt Resolutions approving a Use Permit to allow off-street parking in the Alvarado District of the Downtown Specific Plan and a finding of no further and direction to file a Notice of Determination. Commissioner McCrone seconded the motion. Commissioner Osorio said this is an elegant building and expressed support for the project. Commissioner McCrone said this is a long awaited project and is a great example of what the Planning Commission wants to see in the Downtown area. Commissioner Davis and Commissioner Reed concurred. On a motion by Commissioner Stocker, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission adopted Resolutions approving a Use Permit to allow off-street parking in the Alvarado District of the Downtown Specific Plan and a finding of no further and direction to file a Notice of Determination. AYES: 6 COMMISSIONERS: McCrone, Osorio, Davis, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Garden ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Planning Commission 6 Meeting Minutes Tuesday, February 11, 2014 6  Planning Commission Minutes Tuesday, February 11, 2014 Commissioner Widmar said the 211 program celebrated its five year anniversary and acknowledge the programs service to the residents of Monterey Commissioner Davis said Alvarado outdoor seating and the North Fremont Specific Plan will be reviewed at the February 18, 2014 City Council meeting. INFORMATIONAL REPORTS & STAFF COMMENTS 7. Planning Office Update  Received update  Ms. Cole said the Commission must choose a topic to discuss at the Mayor’s meeting.  Ms. Cole said there will be one item on the January 25, 2014 Planning Commission agenda. ADJOURNMENT The meeting adjourned at 7:45 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission 7 Meeting Minutes Tuesday, February 11, 2014 7