Planning Commission Meeting

MINUTES PLANNING COMMISSION AFTERNOON SESSION ONLY Tuesday, March 24, 2015 4:00 pm – 7:00 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Osorio, Reed, McCrone, Widmar, Stocker, Garden, Davis Commissioners Absent: None Staff Members Present: Principal Planner Kim Cole, Housing and Property Manager Rick Marvin, and Recording Secretary Alicia Salas CALL TO ORDER Chair Osorio called the meeting to order at 4:01 pm. CONSENT ITEMS On a motion by Commissioner Stocker, seconded by Commissioner Widmar and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 6 COMMISSIONERS: Osorio, Reed, McCrone, Stocker, Garden, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Davis RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. March 10, 2015 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC APPEARANCE 2. Recommend Approval of Draft Substantial Amendment to Fiscal Year 2014/15 Action Plan for Community Development Block Grant (CDBG) Program and Budget to City Council; Exempt From CEQA ACTION: The Planning Commission Approved The Substantial Amendment To Fiscal Year 2014/2015 Action Plan For Community Development Block Grant Program And Budget To City Council With Additional Recommendations. Staff Presentation/Commissioner Questions Rick Marvin presented the Agenda Report and answered Commissioners’ questions. Planning Commission Minutes Tuesday, March 24, 2015 Public Comments Carl Praginsky from Salvation Army supports the plan that Rick Marvin has put together. He believes it is a good use of the funds. He said the Salvation Army deals with individuals that have just been released from the hospital. Salvation Army has been running a day use shelter in Sand City for 10 years. He said in the future he would like to discuss using funds for a warming shelter. He also said for the five (5) year plan the City should try to get a regional plan for helping the homeless. He said he is disappointed the funds cannot be used for more brick and mortar but said he supports the proposal. Chair Osorio asked if Mr. Praginsky was suggesting adding language to the five (5) year plan that we should have a discussion with the City of Seaside to come up with a common plan to address the issues at Laguna Grande Park. To which Mr. Praginsky stated he thought adding that language would be good idea. Stella Lauerman, Board President of Josephine Kernes Memorial Pool, said the clientele that she works with are low income, mostly seniors. She said these funds are small but are essential to our budget. She stated that the seniors who benefit are directly affected by this money and hopes that the Planning Commission supports the proposal put forward to the City Council. George Riley said he believes that the City should reach out to the neighborhood associations a little more. He said he feels that this is how the neighborhood associations become more informed and vigorous. He believes that a dialogue should take place between Monterey and Seaside to resolve the issue of homelessness. Mr. Riley also said that more money should go to the repurchasing program as opposed to parks. Commission Member Comment: Commissioner Stocker asked Mr. Marvin if there was any way to shuffle money around to the repurchase program. Mr. Marvin said the purchase and resale is a high priority for the City and money is already budgeted for that program this year. He said with this money and the money already budgeted it will allow the City to continue the program. He continued to say that a lot of money could be spent on street construction and that was a top priority for the community according to the surveys. The Housing Department wanted to have a project that was visually improving a low/moderate income neighborhood. Commissioner Garden asked Mr. Marvin to recap the direction the recommendations to the City Council and the changes that were suggested. Mr. Marvin said the recommendations that the City will work into the five year plan are to coordinate with the City of Seaside to develop a more regional program for the issues that are CDBG eligible, particularly with the homeless and that we are going to improve our communication with the neighborhood associations to get more input with the housing issues that are CDBG funded. Chair Osorio asked if the coordination with the City of Seaside was specific in regards to the Laguna Grande park homeless issue. Mr. Marvin said yes but he also thought it would be a good idea to coordinate on the issue of Planning Commission Meeting Minutes Tuesday, March 10 24, 2015 2 Planning Commission Minutes Tuesday, March 24, 2015 homelessness and homeless services as a whole. Commissioner Garden asked if City management would have additional recommendations or will we see more recommendations from them before you go to City Council. Mr. Marvin said there would probably be additional input from senior management before going to City Council. He said the City’s administration is aware of this issue and they are interested in leveraging Measure P. Mr. Marvin said he felt that the recommendations were in line with that vision but said he was a strong advocate for park improvements. Commissioner Garden asked Mr. Marvin, if after he adds a few things to it, will this be the same staff report he will go forward with to the City Council. Mr. Marvin said yes it would be the same report. Commissioner Garden made a motion to approve recommendations and forward report to HUD with the additional recommendations. Commissioner McCrone seconds the motion. Commissioner McCrone asked if there is a way to use some of these funds to support a place where homeless can safely park. Mr. Marvin said this is a pilot program and there is an organization working on that project. He said that after this program is launched and is working and if there is a desire to expand then some of the funding that could help it expand could be CDBG eligible but at this time we have not been asked to be a part of that project. Ms. Cole said the planning staff has been directed to work on a “Safe Parking” ordinance. She said the environmental document had been published on March 20, 2015; the review period goes through April 20, 2015. The project will be before Planning Commission in early May for recommendation to City Council. Ms. Cole said the document creates, through the use permit process, a safe place where the homeless can park in parking lots throughout the community from 9 pm – 7 am. Commissioner McCrone said please look at adding the Lower Presidio park to the 5 year plan as well. Commissioner Garden made a motion to approve. Commissioner McCrone seconded the motion. On a motion by Commissioner Garden, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission Approved the Substantial Amendment to Fiscal Year 2014/2015 Action Plan for Community Development Block Grant Program and Budget to City Council with additional recommendations: AYES: 7 COMMISSIONERS: Osorio, Reed, Garden, Stocker, Davis, Widmar, McCrone NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday, March 10 24, 2015 3  Planning Commission Minutes Tuesday, March 24, 2015 Chair Osorio said the commissioner comments section was next on the Agenda; that was an error and moved on to item #3. Commissioner Comments were moved until after item #3. PUBLIC HEARING 3. Consider Zoning Ordinance Amendment to Monterey City Code Chapter 38, Section 22.D to Allow 18’ Tall Accessory Structures; Applicant David Stocker; R-E Residential Estate Zoning District Commissioner Hansen Reed said because he ran for City Council he would have to read into the record the following statement: “I will need to recuse myself from the proceedings on public hearing item #3 and make the following disclosure for the record: On September 3, 2014, during that time I was running for a seat on the Monterey City Council, I received a contribution in the amount of $1,000.00 from Mr. Stocker, who is the applicant on this item. This statement is made in pursuant to Government Code §84308 which requires disclosure on the record of any campaign contribution of more than $250.00 made within the preceding 12 months by any applicant and further requires me to refrain from participating in any decisions on this matter.” Commissioner Stocker and Commissioner Reed recused themselves from hearing item #3 and left the room. ACTION: The Planning Commission Recommended the City Council Approve the Negative Declaration and a Zoning Ordinance Amendment to Monterey City Code Chapter 38, Section 22.D to Allow 18’ Tall Accessory Structures; Applicant David Stocker; R-E Residential Estate Zoning District Staff Presentation/Committee Member Questions Kim Cole presented the Agenda Report and answered Commissioners’ questions. Committee Member Comments Commissioner McCrone asked how this procedure differs from someone who applies for a spot zoning changed for your particular house. Ms. Cole said that in this particular case the applicant is proposing to change the base rules for all the properties in the Residential Estate zoning district. Commissioner McCrone said a citizen can request an amendment change but the amendment is that of the City not of the citizen. He said he questions a procedure that allows a citizen to specify an amendment that is specific to his neighborhood or geographic section that he has proposed. He went on to asked if this is a proper procedure. Chair Osorio asked Ms. Cole if it was fair to say this would only be benefiting these areas due to lot size and would not be appropriate for other areas because of size. Commissioner Garden asked if this is a new process to change a city ordinance. Ms. Cole said the Municipal Code created this process. Commissioner Garden asked if this process was usually brought to city staff and then proceed to take the necessary steps to change the ordinance. Planning Commission Meeting Minutes Tuesday, March 10 24, 2015 4 Planning Commission Minutes Tuesday, March 24, 2015 Ms. Cole said they can file an application, pay the fee, and follow the process based on the Municipal Code. Commissioner Davis asked if a similar request was granted to a veterinarian clinic in a commercial zone on Garden Road so we made an adjustment to the allowable use in that zone. Ms. Cole said yes and they used the same process for the change. Commissioner Davis said most of the structures affected are in a design review neighborhood and the ARC would complete design review of any proposed projects. Commissioner Garden asked if a Granny unit is an accessory structure. Ms. Cole said that it could be but granny units are prohibited in the use in our community. Public Comments Cynthia Spellacy said she represents the applicant. She said working with Monterey County and other cities they all have similar height restrictions. The County has a 15’ height limit, measured at a medium average grade; Carmel has a one story, 18’ height; Pacific Grove is actually higher than that. Sandy Freeman said the problem is two different issues – a zoning ordinance change and accessory structure height. She said that an 18’ high accessory structure in the R-E zoning district is relatively reasonable considering the size of the lots and the fact that most of these homes in this area are two stories. She also said she was voicing a request to soften the height restriction on Historic homes in general. She went on to say that these homes rarely have storage space so the garage becomes the catch all and feels that a 14’ or 15’ allowance would permit a subfloor for storage for these garages. Thomas Williams, co-president of the Aguajito Oaks Neighborhood Association said he would like to know why this area is included in this plan. He said that most of the lots in the Aguajito Oaks area are less than 20,000 sq. ft. He said the CC&R’s are very restrictive and wants to know how an 18’ structure would comply with those restrictions. He also wanted to know if the ordinance would trump the Aguajito Oaks CC&R’s and how they control their neighborhood. He went on to ask if this would affect the ARC in the neighborhood as well. Chair Osorio asked Mr. Williams if the Aguajito Oaks Neighborhood does not want to be included in this amendment. Mr. Williams said he would like to find out why they are included because the lots average between 12,000 -18,000 square feet. Chair Osorio asked if Mr. Williams was here as individual or as representative of the neighborhood association. Mr. Williams said he did not speak with the board regarding this topic, and he is here as an individual. Ms. Cole said that she is not sure why Aguajito Oaks was included in the R-E zoning district but it has been that way on the zoning map for a really long time. She said all new subdivisions have to be a minimum of 20,000 sq. ft. She went on to say that as an organization they have the right Planning Commission Meeting Minutes Tuesday, March 10 24, 2015 5 Planning Commission Minutes Tuesday, March 24, 2015 to enforce their CC&R’s and their own architectural review process that is established by their homeowners group. Commissioner Garden asked if the Aguajito Oaks neighborhood would like to have their zoning designation changed, should they come forward to request to rezone their neighborhood. Ms. Cole said yes they would have to come forward or City Council would request staff to initial rezoning. She said the City could create a residential estate zone under 10,000 sq. ft. Commissioner Widmar clarified with Ms. Cole, that this was not rezoning anything but was effecting a change to an existing zoning code. Ms. Cole agreed. Commission Widmar made a motion to approve. Commissioner Garden seconds the motion. Commissioner McCrone said he does not like this and is not sure why he is having an issue with articulating what he doesn’t like about it. He said this individual is now asking for a privilege in his neighborhood which is affecting neighborhoods he doesn’t live in. He went on to say that ARC is going to have to come up with a good reason why a one story home in the R-E zone can’t have an 18’ accessory structure because it is in the ordinance now. Commissioner McCrone said he does not support the motion due to lack of process. Commissioner Osorio asked Commissioner McCrone what he meant by “lack of process.” Commissioner McCrone said thinks the ordinance as a whole needs to be looked at and why it will not be applied citywide. He said he feels this is granting special privileges to rich people with oversized lots. Chair Osorio said what is being considered is to change a standard that applies to a specific zoning district. He said each zoning district in the zoning code has its own individual specific standards that apply to that zoning district. He went on to say that residential estate zoning district is different from a low, medium, or high density residential zoning district mostly due to the lot size and that a blanket height limit for that accessory structure throughout all the residential districts is not appropriate. Commissioner Garden said there is a perception that this is a planning commissioner getting a change to the zoning ordinance in the neighborhood he lives in and that this is not a city issue that is being corrected. He went on to say that he thought the process should have been that the City comes to the Planning Commission with an application for a zoning ordinance change and then move forward. He also said that wished that the applicant had asked staff to come to the Planning Commission with this as a citywide ordinance change. Commissioner Widmar said he did not think that there was a problem with a Planning Commission member using the proper channels to make this change and said he would have had a problem if he went out for drinks with City Council and did it that way. Ms. Cole said that from a staff perspective we would never accept from any committee or board members a suggestion that staff need to initiate a zoning ordinance amendment on their behalf. Planning Commission Meeting Minutes Tuesday, March 10 24, 2015 6 Planning Commission Minutes Tuesday, March 24, 2015 Chair Osorio said everyone in the RE district received this notice. Ms. Cole said not only that but everyone within 300 feet as well. Chair Osorio asked if it is customary to mention the applicant’s name in the notice. Ms. Cole said it appropriate because that individual is the one that applied. Chair Osorio said zoning standards apply to a specific zoning district which have specific circumstances. He went on to say he feels that it is appropriate to allow a higher height standard for accessory structure to achieve better architectural style and consistency and because the lot sizes are not a limiting factor. He said he would propose to the maker of the motion that in the third “Whereas” on the proposed ordinance he would like to add the language “The district is unique due to the large estate homes and lot and the application for height standard for accessory structures as it is in the other residential districts is not applicable or something to that effect so that we know it is very specific to that zoning district.” Commissioner Widmar said in the fifth “Whereas” satisfies what Commissioner Osorio is trying to say about the unique nature of the R-E district. Commissioner Garden said he does not need to specify what neighborhood because he said he see this as a part of the whole picture with amendments to the zoning ordinance. Commissioner McCrone said that his comments are not to imply a problem with any other commissioners he said the problem he is having is the way the application came to the Planning Commission. He said that an individual should not be able to come forward and change something in their own neighborhoods; it should be citywide. Chair Osorio stated that just because Commissioner Stocker is a member of the Planning Commission has nothing to do with how he planned on voting on this issue. On a motion by Commissioner Osorio, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission Recommended the City Council approve the Negative Declaration and Zoning Ordinance Amendment to Monterey City Code Chapter 38, Section 22.D to Allow 18’ Tall Accessory Structures: AYES: 4 COMMISSIONERS: Osorio, Garden, Widmar, Davis NOES: 1 COMMISSIONERS: McCrone ABSENT: 0 COMMISSIONERS: None ABSTAIN: 2 COMMISSIONERS: Stocker and Reed RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner Garden said the Lighthouse Specific Plan Subcommittee met in the morning and made good progress. It was well attended by the adjacent residents and at least one member of the business community. He encouraged anyone interested to read the new draft online. Commissioner Garden asked Ms. Cole if we would have a Planning Commission meeting in early April. Ms. Cole said there will be a meeting the second week of April. Planning Commission Meeting Minutes Tuesday, March 10 24, 2015 7  Planning Commission Minutes Tuesday, March 24, 2015 Commissioner McCrone asked if Ms. Cole had any resolution on the fence around Trinity Christian School. Ms. Cole said she had not followed up yet but had it on her to do list. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Update received. ADJOURNMENT There being no further business, the meeting adjourned at 6:02 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, March 10 24, 2015 8