Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, May 12, 2015 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, Widmar Commissioners Absent: Stocker, Reed Staff Members Present: Principal Planner Kim Cole, Assistant City Attorney Karin Salameh, Community Services Director Bui-Burton, 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 Reed, seconded by Commissioner Widmar and carried by the following vote, the Planning Commission approved the CONSENT ITEMS. AYES: 4 COMMISSIONERS: Osorio, Davis, Garden, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Stocker, Reed ABSTAIN: 1 COMMISSIONERS: McCrone RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. April 28, 2015 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. Consider Draft Zoning Ordinance Amendment to Monterey City Code Chapter 38, Section 22.D to Allow 18 Foot Tall Accessory Structures; Applicant David Stocker; R-E Residential Estate Zoning District; Negative Declaration ACTION: The Planning Commission Reconsidered Draft Zoning Ordinance Amendment to Monterey City Code Chapter 38, Section 22.D to Allow 18 Foot Tall Accessory Structures with an Additional Recommendation and to Approve the Negative Declaration Planning Commission Minutes Tuesday, May 12, 2015 Staff Presentation/Commissioner Questions Kim Cole presented and took commissioner questions. Public Comments Captain Ace Trask representing Ms. Morford, resident of 88 Alta Mesa Circle. Mr. Trask said the 18’ acc. structure will not complement Ms. Morford home which is next door. Mr. Trask said the 12’ height limit has been in existence for some time now. Why should the height increase by 50%? He said he thought it was a bit excessive and maybe this should be reconsidered. He went on to say why an 18’ garage when most cars/SUV/trucks are less than 6’ tall. Mr. Trask said the house across the street, 95 Alta Mesa Circle, has a roof height of 15’; he said he does not like the fact that tall structures will be on all sides. Chair Osorio clarified for the record that there is not a specific application for this project at this time. Mr. Trask said there may not be an application or project at this time, but we would not be here if it wasn’t coming down the line. Cynthia Spellacy, representing applicant, said she feels that the 18’ structure is not a requirement but only a limit. She said a lot of factors are considered when going into design review. She went on to say that it would help, when building an accessory structure, to better fit in with what is existing on the lot. Ms. Spellacy said that the County of Monterey allows for accessory structures at 15’ and the City of Carmel has a limit of 18’. She said the City of Carmel conducts rigorous design review and take into consideration views and the neighbors. Commission Member Comments Commissioner McCrone asked Ms. Cole what lots are subject design review. Ms. Cole said that out of 200+ lots only 8 are not in the D overlay, she said almost 90%+ are in the design review area. Commissioner Davis questioned aren’t most new structures built in the City subject to design review. Ms. Cole clarified that a brand new two story requires a design review not necessarily a one story that does not fall in the design review neighborhood. Commissioner Davis asked if an addition or an accessory structure is subject to design review. Ms. Cole said a one story accessory buildings not in a design review neighborhood would not be subject to design review. Commissioner Garden asked if all the blue areas on the map are over 20,000 square feet. Ms. Cole said the blue areas are 20,000 square feet or above. The green areas are under 20,000. Planning Commission Meeting Minutes Tuesday, May 12, 2015 2 Planning Commission Minutes Tuesday, May 12, 2015 Chair Osorio said an issue that is to be considered is bulk on lot. He said the original intent and purpose of the applicant was to allow people to achieve architectural design consistency. Commissioner Davis said he would not favoring limiting the lot size because he feels it is important for an accessory structure to be designed appropriately and have ARC decide whether it is appropriate for the site. He said that the ARC should have to come up with a very specific finding as to why they allowed for that design for that site. Commissioner Widmar asked if a garage is attached to the house is it considered an accessory structure. Ms. Cole said that if the garage is attached to the house then it is not considered an accessory building and in fact it falls under the house height which in the R-E Zoning District is 30’. Commissioner Widmar said that it should be consistent within zoning of the property and not the lot size. He also agrees with Commissioner Davis in that a recommendation should be added about ARC making specific findings with respect to bulk, mass, and design consistency when making a decision for a project. Chair Osorio asked if that was already something that the ARC is doing as part of their process. Ms. Cole said this is a current required ARC finding. Commissioner McCrone said as long as there is ARC review then he was ok with this and was unconcerned about lot size or the size of the main house. He said he was more concerned about someone who owned a lot that was not subject to ARC review that would ask for an 18’ accessory structure. He said maybe an amendment could be added that said anyone within the R-E zone applying for an accessory structure greater than 12’ must have ARC for review. Commissioner Garden said it might sound better if we say “no taller than 18 ft.” He said that way we could have some guidelines. Commissioner McCrone said as long as ARC would be reviewing the project he reiterated that he was unconcerned about the height of the existing residence. Commissioner Garden said he would like to word it so as to cover the eight lots not subject to ARC design review. Commissioner Garden said he was slightly reluctant to send this back to City Council the same way it was sent the first time but we did reconsider and feel that the recommendations are as before. Commissioner McCrone said how about on the proposed ordinance it could read one story, subject to architectural review and not to exceed 18’. Commissioner Widmar said agrees Commissioner McCrone. Commissioner Davis agrees as well. Commissioner McCrone made the motion of one story and up to 18’ and subject to design review. Planning Commission Meeting Minutes Tuesday, May 12, 2015 3  Planning Commission Minutes Tuesday, May 12, 2015 Ms. Cole asked if it could say architectural review to be consistent with what’s already in the Code. Commissioner Garden seconds motion. Chair Osorio asked if language should be added when discussing properties with an existing structure is less than 18’. Commissioner Widmar said no because what if someone wants to add a second story to their house. Commissioner Davis asked if it was stated if an accessory building is to be compatible with the existing structure on site. Ms. Cole said the existing findings for architectural review say that the proposed site, form, bulk, mass, and architectural style are appropriate for the project site, the immediate area, and the City. Commissioner McCrone added to his motion the approval of the negative declaration and recommendation to the City Council. Chair Osorio asked Commissioner McCrone if he wanted to add that the Planning Commission reconsidered the item and wanted to make the one addition. Commissioner McCrone said that on page 63 and 64 he would like his statement added that we have reconsidered based on City Council suggestions and came up with the same recommend with added language about architectural review by the ARC. Commissioner McCrone made a motion to approve. Commissioner Garden seconded the motion. On a motion by Commissioner McCrone, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission Reconsidered Draft Zoning Ordinance Amendment to Monterey City Code Chapter 38, Section 22.D to Allow 18 Foot Tall Accessory Structures with an Additional Recommendation and Approve the Negative Declaration. AYES: 5 COMMISSIONERS: Osorio, Garden, Davis, Widmar, McCrone NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Stocker, Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Consider 2227 North Fremont Use Permit 15-088 to Allow Recreational Vehicle Parking as an Accessory Use; Applicant Anil Prabhu; Owner Ashirvaad Hospitality, Inc.; VAF Zoning District; Exempt from CEQA ACTION: Approve Staff Recommendations to Deny the Use Permit 15-088 to Allow Recreational Vehicle Parking as an Accessory Use Planning Commission Meeting Minutes Tuesday, May 12, 2015 4  Planning Commission Minutes Tuesday, May 12, 2015 Staff Presentation/Commission Member Questions Kim Cole presented and took commissioner questions. Applicant Anil Prabhu, owner of Red Roof Inn, said generally the RV parking is used for a contractor staying a long time. He said locally people do not come for camping and because there is a hotel on site they need to maintain the image of the hotel as well. He said when he acquired this property three years ago he was not aware that RV parking was not permitted. He said he was under the impressiom that RV parking was always ok because the previous owner had been using the RV parking since 1986/1987. He said he only became aware of the problem when he was approached by the City and he was told he was not able to use these spaces as RV parking. He said that is when he applied for the permits. He said most of the time it is for people who stay for long durations we have the space and restrooms facilities so they are not using their RV for those purposes. Mr. Prabhu said the future plan is to demo more units and utilize that space. He would like to continue using that space for RV parking until the of time remodel. He said he would like a temporary RV parking permit until that time. Commissioner Garden asked if Mr. Prabhu if he wanted to continue to rent spaces for living for a temporary period of time. Mr. Prabhu said that was correct and he said there are RV hooks-up on site for about the last 40 years. Chair Osorio asked if there are RV facilities on site. Mr. Prabhu said yes for water, electricity, and a dumping station but it is not used. Chair Osorio asked what kind of documentation Mr. Prabhu had to show that the previous owners used this space as RV parking. Mr. Prabhu said he did not have any documentation to that fact because he did not have any dealings with the owner filed for bankruptcy and it was bought by an investor and then I bought it from the investor. Commissioner McCrone asked if the person who has been staying in the RV parking spaces, does he have a room. Mr. Prabhu answered no. Commissioner McCrone asked if he was charging this gentleman for electricity and bathroom facilities. Mr. Prabhu said there are lots of visitors that come to the Monterey area in the summertime. He said with the high rates for hotel rooms in the summer, he would rent an RV parking space for $50 a night to offer an alternative to the high rates for a hotel room. Commissioner McCrone asked if Mr. Prabhu charges a TOT for those guests. Mr. Prabhu said yes and that is a benefit to both the City and to us. Public Comments Planning Commission Meeting Minutes Tuesday, May 12, 2015 5  Planning Commission Minutes Tuesday, May 12, 2015 Rose Berelli, property manager of Olympia Oaks apartment at 500 Ramona Avenue said the apartment complex abuts the hotel on two sides. She said the hotels’ back parking lot and the outside seating area are the cause of disturbance to 16 of the 44 units. She said the issue is noise, rowdiness, prostitution, drugs, the outside seating area and the back parking lot all of which get worse in the summer. She said she has been in contact with the management and the police as well as Kevin Morgan with Code Enforcement from the City. She said there are a number of complaints from the residents of the apartment complex and some residents have moved because of the hotel. Ms. Berelli said this situation has been going on for a long time. She said she has tried working with the corporate office and she knows that they have spoke with the manager but the problems continue. Chair Osorio asked Ms. Berelli if the space was not only RVs but for large trucks as well. Ms. Berelli said yes that it appears to her that large groups and RV’s and/or trucks get put in the back of the hotel away from where the managers live. She went on to say that there is no consideration for the residents of the apartment complex. Commissioner Garden asked if her property ran the whole length of the hotel. Ms. Berelli said yes for most of the length of the hotel. Commissioner Garden asked if Ms. Berelli if the outside seating area and the RV spots were in the vicinity of the apartment complex to which Ms. Berelli said it is around the corner. Ron Wootlatch, the resident that has been living in the RV parking spaces on and off for over 12 years said he has not witnessed any drugs. Chair Osorio asked Mr. Wootlatch if there were other RV’s that had been there regularly to which he said there were two others at the hotel for over a year. Melvin Fortez with Buena Vista Land Company which owns Olympia Oaks apartments said he does not like the fact that people are staying in the RV without staying in the hotel which he said is inappropriate and is prohibited by the City of Monterey. He went on to say does not have a problem with a guest staying in the hotel with an RV, but that is not what the owner said is happening. Mr. Fortez said that this is not within the city’s code and it should not be approved. He stated that the statue does not allow for a permit for the uses that the owner is requesting. Seeing that the applicant was raising his hand, Chair Osorio allowed the applicant a rebuttal. Mr. Prabhu said there have been a few calls regarding the noise level and they tried to resolve the issues as they were raised. He said after 5:00 pm or 6:00 pm there may be noise from people coming home from work but after 7:30 pm or 8:00 pm they are usually asleep. Mr. Prabhu said he was not sure how the apartment complex could hear so much noise because he doesn’t receive many calls from his own customers regarding noise or other complaints. Commission Member Comments Commissioner Widmar asked about the three other RV spots on the premises; he wanted to know if there are 8 RV spots or 11 spots. Planning Commission Meeting Minutes Tuesday, May 12, 2015 6  Planning Commission Minutes Tuesday, May 12, 2015 Ms. Cole said the application was for eight RV spots. Mr. Prabhu said those spots would not be part of the proposal. Chair Osorio asked Ms. Cole to talk about the Condition of Approval from the 1987 permit, condition #1 that read “…any operation of the RV use after the date the Inn is completed would require Planning Commission approval.” Ms. Cole said she looked at that issue and the issue of nonconformity because the accessory use was defined in 1986 and the Planning Commission approved its interim use in 1987. She said she looked at the report from 1987 and it talks about the use being on an interim basis. Ms. Cole said she looked at the zoning code and she does not see how the Planning Commission, based on the law, approve the use. Commissioner Garden asked within the Visitor Accommodation Facility (VAF) parking lot can a camp ground be allowed, he said there are camp grounds around the city and people live in their RV’s for a period of time. He asked Ms. Cole if that use is anywhere found in any other VAF. Ms. Cole said no not that she is aware. Commissioner Garden said he was not ready to let a parking lot become a camp ground for people to living in RV’s particular with what is allowed and not allowed in the VAF. Commissioner Garden made a motion to approve staff recommendations to deny the Use Permit. Commissioner McCrone seconds motion. Chair Osorio asked if within the VAF someone could apply for a new 20 room hotel and 10 RV parking. Ms. Cole said no because it is not in the definitions. Commissioner Widmar asked if under the VAF are these spaces technically considered hotel rooms. Ms Cole said no. The charter specifies an actual room. Commissioner Davis said he feels that the VAF and the accessory uses have been a struggle to deal with and he feels that it is too restrictive. Commissioner McCrone said he has no problem as long as someone is staying in the hotel but the camp ground aspect is both contrary to the letter and the spirit of the ordinance. Chair Osorio agrees with Commissioner Davis that the VAF is too restrictive and feels that it should be relaxed. He went on to say that there are probably instances within the VAF where RV parking could be considered and maybe allowed subject to some limitations. 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 Approve Staff Recommendations to Deny the Use Permit 15-088 to Allow Recreational Vehicle Parking as an Accessory Use Planning Commission Meeting Minutes Tuesday, May 12, 2015 7  Planning Commission Minutes Tuesday, May 12, 2015 AYES: 5 COMMISSIONERS: Osorio, Garden, Davis, Widmar, McCrone NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Stocker, Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None The afternoon session adjourned at 5:30 pm. RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m. Chair Osorio reconvened the evening session at 7:01 pm. Commissioner Reed joined the meeting at the beginning of the evening session. Item number 5 was continued to May 26, 2015 Planning Commission for renoticing. CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING 4. Consider Draft Zoning Ordinance Amendment to Monterey City Code Chapter 38, Section 38-126 to Create a Safe Parking Program that Provides Homeless Individuals and Families a Safe Place to Temporarily Park Overnight in Order to Facilitate the Transition to Permanent Housing; Applicant City of Monterey; All Zoning Districts; Negative Declaration ACTION: The Planning Commission continued until the June 9, 2015 Planning Commission meeting. Staff Presentation/Commission Member Questions Kim Cole, Kim Bui-Burton, and Karin Salameh presented and took commissioner questions. Chair Osorio said maybe we should divide the discussion into the sections. Standards: On page 140, Commissioner Garden asked if the City of Monterey can designate a social service provider. Ms. Cole read the proposed definition of “Social Service Provider” as an agency or organization licensed or supervised by any federal, state, or local health or welfare agency that participates in the federal Homeless Management Information System (HMIS) and has demonstrated experience with the homeless population by assisting individuals and families achieve economic self- sufficiency and self-determination through a comprehensive array of programs and actions. Ms. Salameh said the county has a department of health which would be considered a local health or welfare agency. Planning Commission Meeting Minutes Tuesday, May 12, 2015 8 Planning Commission Minutes Tuesday, May 12, 2015 Commissioner McCrone asked why is someone needed who is familiar with a “comprehensive array of programs and actions” when they are just checking in cars for overnight stay. Ms. Bui-Burton said based on best practices of safe parking programs throughout the state, it is more than just checking in cars. The safe parking program is really set up to help people transition from homelessness to being housed. It provides social services to get them back on their feet. Commissioner McCrone said a large part of the homeless, who if they are fortunate enough to have a car, don’t want to register with government, so will those people be turned away. Ms. Salameh said that was a policy decision. She said staff’s recommendation was that this program provide a transition to permanent housing and the way to do that is to connect those individuals with different services. Commissioner McCrone asked what is the purpose of the background check. Who will do and what will be done with it? Ms. Salameh said the participants will have a case manager and based on the social service provider determination. Commissioner McCrone asked what the standard will be to determine if they are appropriate to stay. Ms. Bui-Burton said certain requirements are site specific and is usually worked out through conversations with the residents of the neighborhood. Commissioner McCrone asked how the background checks will get done if these individual shows up at 7:00 pm. How will it be determined? Ms. Salameh said the background checks need to done in advance of showing up to stay as those take time to perform. Chair Osorio asked if there would be definitions for participant, household and applicant. Chair Osorio said for example what are “household members”? Ms. Bui-Burton described the household members as whatever the social service provider determines. She said the participant will usually be the head of household, i.e. a single mother with her children and/or other family members that are part of the household. Chair Osorio asked if they will have to provide a list of household members to the social service provider. Ms. Bui-Burton said that is typically how it is done and it is done on intake. Use Permit required: Commissioner Davis asked why the City has to impose all these regulations. If a private church wants to carry out this type of program, why does government need to be this involved when there are currently programs in place that do not have to put up this much regulation? Ms. Cole said that it was a policy choice by the city. The Planning Commission as a recommending body to the City Council will be determining what the requirements for the use permit are and the Commission could remove a lot of these requirements. She went on to say that there was a lot of benefit to having this conversation as this is part of the discovery and fact finding phase. Ms. Cole Planning Commission Meeting Minutes Tuesday, May 12, 2015 9 Planning Commission Minutes Tuesday, May 12, 2015 said there might be some things that can be removed from the draft ordinance and there may be requirements that are not yet in the draft. Chair Osorio asked is there room to consider an administrative level approval by staff. Commissioner Garden asked if this would be allowed in all zoning districts including the Visitor Accommodation Facility. Ms. Cole said based on what was discussed this afternoon and what was learned regarding the VAF. The draft ordinance will be need to be revised to say all zoning districts except the VAF without voter approval. Commissioner Garden asked if this can happen in any zoning district will the parking lot owner needs to be a social service provider. He went on to ask if a church could use a business’ parking lot that is not in use at night. Ms. Cole said yes it could happen in all zoning districts as currently drafted with the one exception. In the residential zoning districts, it could not happen at a multi-family site or a single-family house but it would have to happen at a church, club or lodge within the residential district. Commissioner Garden asked if those were examples of a social service provider. Ms. Salameh said those are not examples of social service providers. Those are types of places to use. Chair Osorio asked what was the recommendation from Airport Land Use Commission. Ms. Cole said their recommendation going into the meeting was much broader but during the hearing they narrowed to the existing safety zones which are basically at the end of each runway. Chair Osorio asked if the recommendations from the Airport Land Use Commission can be overruled by the City Council since the use will not be permanent. Ms. Cole said she would have to check. She said she would have to defer to the City Attorney’s Office to do some research to see if an ordinance can be adopted that would be contrary to the Airport Land Use Commission’s recommendations. Commissioner Reed asked can a fee be charge or is it free? He went on to say that it should be as easy as possible to partake in the program and a minimal cost. He said he would hate to think of someone trying to make a profit off the homeless. Ms. Salameh said that by requiring a social service provider and by defining it and by using either the Monterey Coalition of Homeless Service Providers or an organization that is licensed and supervised by federal, state, or local health/welfare agency you will reduce that possibility. She said many, if not all, these agencies are non-profits. Ms. Bui-Burton said her research indicated that primarily non-profit operate on grants to keep the program going. She said there is a nominal fee or a basic fee to cover some of the costs. Commissioner Reed asked if there was anything in the ordinance to prevent that type of issue from occurring. Ms. Salameh reminded everyone that this a one year pilot program and if anything like Planning Commission Meeting Minutes Tuesday, May 12, 2015 10 Planning Commission Minutes Tuesday, May 12, 2015 that came to light the ordinance could be revised. Commissioner Garden asked about the relationship between the property owner and the social services provider and if there would be a contract between the two of them and will the City supervise that relationship. Ms. Salameh said the City would not be supervising but we would need some type of documentation that indicates the owner and social service provider are in agreement and there is an affiliation between the two for that property and its use with the program. Performance Standards: Commissioner McCrone asked about if the provider will keep copies of license, proof of insurance, etc…but how will they make the copies in a parking lot. Ms. Salameh said they need to apply to the program and that will all have to be done prior to be accepted into the program. Commissioner McCrone said if the onsite manager is required to be present during the hours of operation, where will that person stay at night? Ms. Cole said the ordinance does not specify but through the use permit review maybe in an RV so that they are available to deal with any issues that might arise. Commissioner McCrone asked if the site provider would have to purchase an RV in order to provide house for the onsite manager. Ms. Bui-Burton said it would be on a case by case, site by site basis. She said for example a church may already have a person who lives onsite and they could be the designated onsite manager. Commissioner McCrone asked what the purpose is for the 5 minute only idling in Standard #8. Ms. Bui-Burton said that people may want to charge their cell phones or in cold weather people turn on their cars periodically to warm themselves up but also to be aware of the affect of air pollution on neighboring vehicles and residents. Commissioner McCrone asked who would be enforcing that rule. Ms. Bui-Burton said that would typically be the job of the onsite manager. Chair Osorio said to be cognizant of the enforceability issue. Commissioner Davis asked if the restroom facilities be required to have an inspection by the building department. He also wanted to know about ADA requirements. Ms. Cole said she believes that on a City lot there would need to be an ADA path of travel to the restroom facilities but on a private lot, she said an ADA portable toilet could probably work. Commissioner Garden said this proposed use is not allowed in the residential districts with the exception of religious assembly, clubs and lodges, and cultural institutions. Planning Commission Meeting Minutes Tuesday, May 12, 2015 11 Planning Commission Minutes Tuesday, May 12, 2015 Ms. Cole said this is more of a policy question. Is this an appropriate use for a single family residence or for an apartment complex? She said this ordinance was crafted to try to eliminate that conflict. She said sites with single family and multi-family housing were the only types of sites that were eliminated along with the Airport Safety Hazard Zones. Use Permit Considerations: Chair Osorio asked if there will be an expiration date on the use permit. Ms. Salameh said because City Council wanted this to be a pilot program it will automatically sunset after one year, absent reauthorization. Commissioner McCrone asked if there was already a pilot program with One Starfish that did not complete the full year. Ms. Bui-Burton said that program was proposed as a safe parking program and when the regional committee was looking for a pilot program it was at that time it was described as a pilot program. She went on to say that program is operational in Carmel Valley now but not yet in Pacific Grove. Public Comments Tia Sukin, PhD. Executive Director for One Starfish Safe Parking and Supportive Services, said they are a nonprofit operating here on the Monterey Peninsula. Dr. Sukin said she was grateful to the commission for the serious consideration of the One Starfish program as a viable option here in Monterey. Dr. Sukin said the program has been in operation in Carmel Valley at two locations with seven parking spaces since September 2014 and have been able to hire a social worker. She went on to say that the social worker has conducted 26 interviews. She said of the 26, 17 have been accepted into the program, 9 have stay for at least 3 months, 4 have been placed in housing, and 7 have been able to increase their income through either accessing social programs that they were not aware of or through employment. Dr. Sukin said there have been a total of 190 interviews conducted with their clients and the social worker. Dr. Sukin said her major concern with the draft ordinance was that the Starfish organization did not qualify as a social service provider as the draft ordinance is written and they are not affiliated with the Monterey Coalition of Homeless Service Providers. Commissioner Widmar asked Dr. Sukin how difficult will it be for participants to get into the program based on the way the draft ordinance is written now. He asked Dr. Sukin to tell a little about her experience with how many participants usually have a license, car insurance, paid registration, etc. He went on to ask if this is a small group of homeless with cars or is this a large number of people. Dr. Sukin said in the last census information made available in January 2013 in Monterey County there were 160 vehicles cited as having occupant supposedly living in them. Dr. Sukin said they offer support and assistance to help meeting the requirements. Commissioner Widmar asked how long is the process and how much time passes before the client is placed in the program. Dr. Sukin said when space is available the current wait time is about a week but that is because we have a part time social worker. She went on to say the background check would increase that time. Planning Commission Meeting Minutes Tuesday, May 12, 2015 12 Planning Commission Minutes Tuesday, May 12, 2015 Commissioner Garden asked about why they are not termed a social service provider. Dr. Sukin said we have no problem becoming recognized as a social service provider. Her concern is that the program did not qualify under the draft ordinance as it is written. Commissioner McCrone asked Dr. Sukin if the organization was funded by grants. Dr. Sukin said they are funded by grants and from fundraising. Commissioner McCrone asked how clients have been turned away. Dr. Sukin said 10 who did not qualify as a nonresident of Monterey County, had a mental health issue, or did not meet the three common goals which are being committed to finding housing, increasing your income and attaining access to healthcare. We do not support a lifestyle choice of living in your car. Commissioner McCrone asked if any clients were asked to leave based on conduct. Dr. Sukin replied yes, three. Commissioner Davis asked if they have an onsite manager at their existing sites. Dr. Sukin said the do not have an onsite manager. Commissioner Davis asked whether the site owners need to have insurance coverage. Dr. Sukin said they have two lots in operation and six insurance policies. Chair Osorio asked Dr. Sukin to talk about background checks. She said we do not require background checks to date in our program. She went on to say that in the contracts with the site owner they ask the site owner if they would prefer a background checks and to date none have asked for a background check. Cindy Storrs, Pastor, with the Monterey Methodist Church she said they endorse and fully support this program. Ms. Storrs said this is more than just a place to park. This is a place to have conversation, a cup of coffee, and maybe some dinner. She said they have made a parking lot available for parking and most prefer to park near the bathroom facilities. Ms. Storrs said she would encourage not putting a limit on how long you can be in the program. She went on to say the use permit fee should be waived if this is a pilot program. Chair Osorio asked about hours of operation and what Ms. Storrs experience is with the current program. Ms. Storrs said all members of the church are in agreement that the hours should be 7:00 pm – 7:30 am. She said people who have kids, they already have it rough and they need to get to bed. She went on to say to arrive at a place at 9:00; bedtime is usually delayed by another hour. Commissioner McCorne asked if they have onsite manager at 3 am. Planning Commission Meeting Minutes Tuesday, May 12, 2015 13 Planning Commission Minutes Tuesday, May 12, 2015 Ms. Storrs said she lives three minutes away and the agreement that she has with One Starfish is that they can give her number to the participant and she would be there within minutes. Michael Fecture, husband of Dr. Sukin, said that while they have not employed any managers yet, they visit often and if an issue arises they try to take care of the issue ASAP. Commissioner Garden asked what the breakdown of RV’s versus a car. Mr. Fecture said not many but a few that are waiting for a spot in Monterey or Pacific Grove. Rowen Wolick said she is delighted that we are at this stage of consideration and she cares deeply about this issue. She said she fully supports this issue. Chair Osorio called for a five minute recess. Commission Member Comments Commissioner McCrone said we need to keep an eye on the real issue which to provide a safe place to park. He said what he has heard so far is what is best practices for local government but not what is best for the population that we are trying to assist. He said he thinks that this is a way to get people into these programs that are designed to help them. He said the programs are great but they do not apply to most homeless people and to make that a requirement is to lose sight of what the purpose is. He said the onsite overnight manager, the permit fee, and the social services provider are things we want to see revised but are they treating the basic need. He went on to say that he would like for staff to come back with a revised draft that solves some of these issues. Commissioner Davis agrees with Commissioner McCrone. He said the city should be a silent third party and the terms should be between the two private entities, the property owner and the social service agency. He said he thinks this should be in place anywhere this can happen and is needed. He went on to say does the City need to cover itself this much when they are not providing the services? Mr. Davis said the City should be facilitating. Commissioner Widmar agrees with both Commissioners McCrone and Davis. He said he feels there is too much legislation. He said if it was a city lot then he feels it would be ok to have all the restrictions but it should be a much easier process for private property. He went on to say staff did a great job on this report but feels that unless the City Attorney says we have to have these things from a legal point of view, then we should have less overhead and more facilitating of these programs. Commissioner Garden said the City does not want to get to involved but he thinks they will eventually have to, and for now is substituting a social service provider. He said we are dictating things the City does not want to do but is expecting the social service provider to do. Mr. Garden said we should clarify the things that City staff must do to facilitate this program working and open the requirements for the social service provider to be the organization that makes the rules for what will be required to be a participant in the safe parking program. Mr. Garden said being that this is a pilot program it should minimize the City’s involvement. He said let’s get started and fulfill a need that is great. Commissioner Reed said this is not a program for all homeless people but it’s for a small section that need help transitioning into housing. He said he too feels that it has been over legislated. He said he like the idea of background checks in residential neighborhood and also having a limit on the number of spaces used if it is next to a residential neighborhood. Planning Commission Meeting Minutes Tuesday, May 12, 2015 14 Planning Commission Minutes Tuesday, May 12, 2015 Commissioner McCrone said he wants a definition of what constitutes a sufficient distance. Commissioner Widmar asked instead of a use permit would it be ok to come up with a set of guide lines for an over the counter application to run one of these programs. Commissioner Davis asked if it would be more of a business license type of process. Commissioner Garden said the City is redeveloping the commercial areas into mixed use areas and rules for residential areas will need to allow for today’s mixed use areas because the commercial areas will become the new residential areas in the near future. Commissioner Widmar said it would need minimum set of standards that apply and there should not be a neighborhood impact. Commissioner Garden said those should be for the provider and not part of the ordinance. Chair Osorio said this is a pilot program and maybe come up with temporary guidelines instead of a full on ordinance. Ms. Salameh said the ordinance is changing the zoning classification to allow this use and currently we have an ordinance that doesn’t allow camping in cars in the city. She went on to say that it is not allowed in the code so we have to make legislative change to allow for this type activity. Commissioner McCrone said this will take at least two more hearings. He made a motion to continue with a draft with definition for social service provider revised to include social/religious/nonprofit organization, the fee for the use permit should be nominal, manager be available by phone and posted on site, better definition of distance, and look at prohibitions that are difficult to enforce. Commissioner Widmar seconds motion. Chair Osorio said he thought there should be some consideration to an administrative level approval. He said he agrees with Commissioner McCrone. Commissioner McCrone said why have ordinances if we are just anticipating that it might change. Ms. Salameh said ordinances are changed all the time and it should not be a problem. She said that in her legal opinion is that the ordinance is required to allow these programs. Commissioner Garden said this ordinance should include the exception of the city wide prohibition of people sleeping in their cars. Commissioner McCrone said participation in the government program should be up to the provider. Commissioner Widmar seconds his addition to the motion. Ms. Salameh said that the proposed ordinance does not dictate except for federal funds. Commissioner McCrone said it requires them to have a case manager and to participate in the programs and or services. Ms. Bui-Burton said it was required of the social service provider or agency in this draft to Planning Commission Meeting Minutes Tuesday, May 12, 2015 15  Planning Commission Minutes Tuesday, May 12, 2015 participate in the federal programs not the individual. Commissioner McCrone said he misread that in the ordinance and said his motion stands without the addition. Ms. Cole said this would be continued until the June 9th Planning Commission meeting. On a motion by Commissioner McCrone, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission continued until the June 9, 2015 Planning Commission meeting. AYES: 5 COMMISSIONERS: Osorio, Garden, Davis, Widmar, McCrone, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Stocker ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 5. Consider Appeal 15-159 of Staff Decision to Deny Request to Legalize Four Undocumented Dwelling Units; Appellant/Owner Laurie Hambaro; R-1-5 Zoning District; Exempt from CEQA ACTION: Rescheduled to May 26, 2015 Planning Commission meeting to renotice title. COMMISSIONERS COMMENTS Lighthouse Specific Area Plan meeting on Thursday, May 7, it went well and all comments were covered we are ready to move to the next chapters. He said he was disappointed there wasn’t more of the business community. He said the next meeting is on May 21. Commissioner Garden said Ms. Cole schedule lists an optimistic timeline and he hopes to cover the rest in the remaining meetings. Commissioner Widmar reminded Commissioner Reed about Outdoor Seating Commission meeting on May 15. He said we will revisit the applications of Gianni’s and Wine by the Heart. INFORMATIONAL REPORTS & STAFF COMMENTS 6. Planning Office Update  Update received ADJOURNMENT There being no further business, the meeting adjourned at 9:16 pm. Planning Commission Meeting Minutes Tuesday, May 12, 2015 16 Planning Commission Minutes Tuesday, May 12, 2015 Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, May 12, 2015 17