Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, May 13, 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, Widmar Commissioners Absent: Reed Staff Members Present: Principal Planner Kimberly Cole, Principal Planner Elizabeth Caraker, Traffic Engineer Richard Deal CALL TO ORDER Chair McCrone called the meeting to order at 4:02 pm. CONSENT ITEMS Approval of Minutes On a motion by Commissioner Garden, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission approved the CONSENT AGENDA. AYES: 6 COMMISSIONERS: McCrone, Osorio, Davis, Garden, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 1. April 22, 2014 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS Rick Johnson, Executive Director of the Old Monterey Business Association (OMBA), said OMBA has not voiced opposition to the Waterfront Master Plan. PUBLIC HEARING 2. Consider 720 and 750 Via Mirada; Negative Declaration, Rezone 14-043 and Lot Line Adjustment 13-437 to Adjust an Existing Lot Line Between the Properties and to Remove the Historic Landmark Designation on a Portion of the Lot; Applicant Trinh Retterer (L+G, LLP); Owners Pierre and Marietta Bain and Monterey Peninsula Museum of Art Association; Residential Estate, Development Control and Historic Landmark Overlays (R-E-20-D1-H1) Zoning District  Planning Commission Minutes Tuesday, May 13, 2014 ACTION: Continued to the May 27, 2014 meeting. Staff Member/Commissioner Questions: Kimberly Cole said the applicant requested the item be continued to the May 27, 2014 meeting. Applicant: Applicant was not present. Public Comment: None. Commissioner Comments: Commissioner Stocker made a motion to continue the item to the May 27, 2014 meeting. Commissioner Widmar seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission continued the item to the May 27, 2014 meeting. AYES: 6 COMMISSIONERS: McCrone, Osorio, Davis, Garden, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Consider 1340 Munras Avenue; Appeal 14-110 of Zoning Administrator Denial of Use Permit 13-563 for a New Personal Wireless Service (PWS) Facility; Appellant Ryan Cockrell for AT&T Wireless; Owner TTNTT Alliance, LLC; R-3-20-AP Zoning District; Exempt from CEQA Requirements ACTION: Adopted a Resolution approving the appeal. Staff Presentation/Commissioner Comments: Christine Hopper presented the Agenda Report and answered Commissioners' questions. Applicant: Mark Blakeman, Regional Representative for AT&T, said AT&T is upgrading the telecommunication network in Monterey to meet the demand of customers and reduce the coverage gap. He said the company analyzed ten locations and pursued alternative locations at the request of the staff but found no other suitable sites. Rich Partmaire, Radio Frequency Engineer, said the site would emit levels to meet FCC standards and the noise emited from the site would be within the decibel limits of the City. Planning Commission 2 Meeting Minutes Tuesday, May 13, 2014 2 Planning Commission Minutes Tuesday, May 13, 2014 In response to Commissioner Garden's question, Mr. Parmaire said placing an antenna on the hotel site at 1425 Munras Avenue is not an option because the antennas must be within the line of sight of one another. Ryan Cockrell, AT&T Representative, said sites at the Del Monte Shopping Center were investigated and deemed unsuitable. Public Comment: Calvin Wilk, Fifi's Cafe, said he is in support of the project and said the cellular service near Munras Avenue must be improved. Sam Teal, Monterey County Hospitality Association, said the association is in support of the project and improved service in the area. Hunter Harvath, Monterey Salinas Transit (MST), said he is in support of the appeal. He said MST spent over a million dollars to upgrade their own technology to allow users to view bus arrivals in real time on their mobile devices and network coverage is vital aspect of this service. Mr. Harvath said coverage is also essential to track MST busses that transport patrons with serious conditions. Heidi Frier, health care provider and resident, said she is frustrated with the lack of network coverage at the mall and is in support of the project. Joyce Scampa, real estate agent, said the infrastructure is aged and must be upgraded. Bill Solletario said he is an AT&T subscriber and would like better network coverage but he would not like this site located in his neighborhood. He said the applicant did not provide enough cost analysis or analysis on the unfeasibility of other sites. He feels that the applicant chose the site and is now backing into justifying the chosen location. Commissioners Comments: In response to Commissioner Osorio's question, Ms. Hopper said at the time of the Zoning Administrator hearing the applicant did not provide technical evidence that this was the least intrusive location. Commissioner Garden said there is a need to minimize the coverage gap but the applicant has not adequately assessed alternative solutions. Commissioner Garden made a motion to deny the appeal with the finding that the additional evidence provided did not adequately address the infeasibility of other preferred locations. There was no second to the motion. Commissioner McCrone said the parcel is zoned residential with a professional services overlay and is utilized as an office. He said the application should not be denied on the basis of zoning. Commissioner Stocker said the applicant has provided evidence to show the infeasibility of other sites. Commissioner Stocker made a motion to adopt a Resolution approving the appeal. Commissioner McCrone seconded the motion. Planning Commission 3 Meeting Minutes Tuesday, May 13, 2014 3  Planning Commission Minutes Tuesday, May 13, 2014 Commissioner McCrone requested the findings for denial be removed and the Resolution be amended to include the following language: WHEREAS, in considering the appeal, the Planning Commission considered the record and such additional evidence as was offered and found, in its opinion that the Zoning Administrator did not err in the denial of the Use Permit because the proposed project would be located in a Residential Zoning District, which is a specifically disfavored location, and, as of the date of the hearing, the applicant had not demonstrated that a more preferred location is unavailable and/or technically infeasible. Furthermore, the Alternative Site Analysis submitted with the appeal does not demonstrate the technical infeasibility of each of the nine sites listed as follows: WHEREAS, in considering the appeal, the Planning Commission considered the record and such additional evidence as was offered and found, in its opinion that the new information provided at the hearing demonstrated that a more preferred location is unavailable and/or technically infeasible; and, Commissioner Widmar said he supports the motion. Commissioner Davis said he is not in support of the motion because its proximity to single family residential lots and other sites are still an option. Commissioner Garden said he is not in support of the motion because the applicant did not address all alternatives and could not find a site to meet the ordinance’s preferred locations. On a motion by Commissioner Stocker, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission adopted a Resolution approving the appeal. AYES: 4 COMMISSIONERS: McCrone, Osorio, Stocker, Widmar NOES: 2 COMMISSIONERS: Davis, Garden ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC APPEARANCE 4. Receive Report on the Waterfront Master Plan and Consider Directing Staff to Prepare Environmental Analysis ACTION: Planning Commission 1) adopted the resolution receiving the report on the Waterfront Master Plan and directing staff to prepare an environmental analysis; 2) continued review of the remaining items brought forth by staff to June 24, 2014 meeting; and, 3) requested to receive report on the parking study prepared by Wald Rhunke Dost Architects at the June 24, 2014 meeting. Planning Commission 4 Meeting Minutes Tuesday, May 13, 2014 4 Planning Commission Minutes Tuesday, May 13, 2014 Staff Presentation/Commissioner Questions: Elizabeth Caraker and Richard Deal presented the Agenda Report and answered Commissioners questions. Public Comment: Mary Alice Fettis, Fisherman's Wharf Association President, said the association is in opposition to the requirement of an open space walking perimeter around the Wharf, expressed concern with the removal of Ordinance 9000 and requested the garbage facility be moved to the triangle. Ms. Fettis also said naming the area Waterfront Park does not celebrate the fishing community and the history of that area. Debby Hale, Executive Director of the Transportation Authority of Monterey County (TAMC), encouraged the Commission to keep the light rail station in the Waterfront Master Plan. Nina Beety expressed concern with the proposed roundabout and asked the Commission if the Rumsien and Ohlone people have been contacted. Henry Ruhnke, Wald, Ruhnke & Dost, said they have requested the item be continued to allow public and staff to create consensus on a parking plan in the waterfront. He said the new developments in the downtown area will further increase the parking demand. Mike Dawson, Waterfront Subcommittee, said limiting the parking will result in a reduction in visits to the waterfront area and said at community meetings it was determined that the public had no interest in a light rail terminal. John Eales, Owner of London Bridge Pub, requested the item be continued and expressed concern with the loss of parking. Sally Elves, Harbor House Gift shop, said the loss of parking at Heritage Harbor and the addition of the tunnel devastated the Wharf concessions and said she is not in support of any further reduction of parking spaces. Anthony Lombardo, Lombardo and Associates, requested the item be continued to allow staff to work with public to create consensus on a parking plan. Commissioner Comments: Commissioner Davis requested the item be continued. Commissioner Widmar concurred. Commissioner Garden said review of the graphic is no longer appropriate and does not move the project forward. He said he would like to review the six projects at the next meeting. Commissioner Widmar said the graphic representation is vital to the Master Plan. Commissioner McCrone said there has been detailed discussion with stakeholders and members of the public and the item should move forward. Planning Commission 5 Meeting Minutes Tuesday, May 13, 2014 5 Planning Commission Minutes Tuesday, May 13, 2014 Commissioner Stocker said the item should be continued and said the waterfront graphic is important because it reflects the projects and it is important to get consensus. Commissioner Davis made a motion to continue the item to the June 24, 2014 meeting. Commissioner Stocker seconded the motion. Commissioner Osorio said they have been reviewing the Waterfront Master Plan for four years and the issue has always been parking. He said this issue should have been addressed in the three years of discussion and he cannot support the motion. AYES: 2 COMMISSIONERS: Davis, Widmar NOES: 4 COMMISSIONERS: Osorio, McCrone, Garden, Stocker ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Commissioner Garden made a motion to continue the item to the June 24, 2014 meeting to receive another report on the six items identified by staff and associate the items for review with specific projects. There was no second to the motion. McCrone made a motion to 1) adopt the resolution receiving the report on the Waterfront Master Plan and directing staff to prepare an environmental analysis; 2) continue review of the remaining items brought forth by staff to June 24, 2014 meeting; and, 3) requested to receive report on the parking study prepared by Wald Rhunke Dost Architects at the June 24, 2014 meeting. Commissioner Widmar seconded the motion. Commissioner McCrone requested and received Planning Commission consensus on striking Project C.2.c. regarding creating a continuous walkway around Fisherman’s Wharf. Commissioner McCrone requested Planning Commission consensus on affirming the name of the Planning Area as the “Waterfront Park,” barring any legal issues that may result. Commissioner Davis said the name does not need to be decided on at this point. Therefore, consensus was not reached on this item and no changes to Project C.1.g resulted. Planning Commission 6 Meeting Minutes Tuesday, May 13, 2014 6  Planning Commission Minutes Tuesday, May 13, 2014 On a motion by Commissioner McCrone, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission 1) adopted the resolution receiving the report on the Waterfront Master Plan and directing staff to prepare an environmental analysis; 2) continued review of the remaining items brought forth by staff to June 24, 2014 meeting; and, 3) requested to receive report on the parking study prepared by Wald Rhunke Dost Architects at the June 24, 2014 meeting. AYES: 5 COMMISSIONERS: McCrone, Osorio, Garden, Stocker, Widmar, Davis NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None CONTINUED PUBLIC COMMENTS Nina Beety said she objects to preferential treatment during public comment. PUBLIC HEARING Commissioner Davis recused himself from the item. 5. Consider 200 Iris Canyon Mitigated Negative Declaration, Use Permit 13- 317, and Variance 13- 318 for Construction of a 110-Unit Residential Care Facility for the Elderly, Construction of Five Wells, Construction on Slopes Exceeding 25%, and a Building Height that Will Exceed the Allowed Height Limit by 18 feet, Located on an 8.25-Acre Site. Applicant: Ryan Leon, SRM Development; Owner: Vince Schwab, Marcus & :Milichap; Zoning: R-1-15-D1 Single Family Residential, General Plan: Low Density Residential ACTION: Adopted Resolutions: Adopting a Mitigated Negative Declaration, Approving Use Permit P-13-317 for construction of a 110-Unit Residential Care Facility for the Elderly, construction of five wells, and construction on slopes exceeding 25%, and, Approving Variance P-13- 318 to allow the project to exceed the allowed 25-foot height limit by 18 feet. Staff Report/Commissioner Questions: Elizabeth Caraker presented the Agenda Report and answered Commissioners questions. Applicant: Michael Groves, ECM Planning representing SRC Development, said the project would create a senior residential project and the project will be provided water by the five wells reviewed and approved by the Monterey County Health Department. He said the traffic concerns expressed by the Alta Mesa neighborhood have been addressed. Public Comment: Mike Dawson said the Alta Mesa Neighborhood Association neither supports nor opposes the project. He said several residents remain concerned with the traffic flow in Planning Commission 7 Meeting Minutes Tuesday, May 13, 2014 7  Planning Commission Minutes Tuesday, May 13, 2014 the area. Nina Beety said she is opposed to the project and destruction of habitat and nature in this area. She expressed concerns about impacts of the proposed wells to other wells in the area and that the continued drought will impact the well supplies. Scott Nerigi, El Dorado, said he is concerned with increased traffic on El Dorado and would like to discuss this impact with the developer. Paul E. Davis, Paul Davis Partnership, said the project plans minimize environmental impacts. Commissioners Comments: Commissioner Stocker made a motion to adopt Resolutions: Adopting a Mitigated Negative Declaration, Approving Use Permit P-13-317 for construction of a 110-Unit Residential Care Facility for the Elderly, construction of five wells, and construction on slopes exceeding 25%, and, Approving Variance P-13- 318 to allow the project to exceed the allowed 25-foot height limit by 18 feet. Commissioner Widmar seconded the motion. Commissioner Garden requested the Planning Commission provide guidance to the Architectural Review Committee to look at the proposed connection from the site to Del Monte Center. On a motion by Commissioner Stocker, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission Adopted Resolutions: Adopting a Mitigated Negative Declaration, Approving Use Permit P-13-317 for construction of a 110-Unit Residential Care Facility for the Elderly, construction of five wells, and construction on slopes exceeding 25%, and, Approving Variance P-13- 318 to allow the project to exceed the allowed 25-foot height limit by 18 feet. AYES: 5 COMMISSIONERS: McCrone, Osorio, Garden, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 1 COMMISSIONERS: Davis RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS INFORMATIONAL REPORTS & STAFF COMMENTS 6. Planning Office Update  Update received. Planning Commission 8 Meeting Minutes Tuesday, May 13, 2014 8 Planning Commission Minutes Tuesday, May 13, 2014 ADJOURNMENT The meeting adjourned at 10:17 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission 9 Meeting Minutes Tuesday, May 13, 2014 9