Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, December 8, 2015 4:00 pm - 5:30 pm 7:00 pm - 11:00 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Reed, Fletcher, Davis, Garden, Widmar, Dawson, Millich Commissioners Absent: None Staff Members Present: Principal Planner Cole, Principal Planner Caraker, Recording Secretary Leinen CALL TO ORDER Chair Reed called the meeting to order at 4:00 p.m. CONSENT ITEMS Commissioner Garden made a motion to approve the Consent Agenda. Commissioner Fletcher seconded the motion. On a motion by Commissioner Garden, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 7 COMMISSIONERS: Reed, Fletcher, Davis, Garden, Widmar, Dawson, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. November 10, 2015 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS Scott McKenzie said he and his partner Dan Finklea represent Greenwise Water and Landscapes, a company focusing on design and installation of water conservation systems. He provided the Planning Commission with a letter and brief presentation detailing the severity of the current situation with water, energy, and pollution and also discussed the benefits of rainwater and greywater systems. Mr. McKenzie proposed that rainwater and greywater systems be considered utilities and not structures, and not be subject to the five foot setback. He suggested that these proposed changes be taken up as a City Council work program item. Kimberly Cole clarified that the Commission is unable to respond to public comments as they are not agendized, but that the matter could be put on a future agenda.  Planning Commission Minutes Tuesday, December 8, 2015 PUBLIC HEARING 2. Consider Middlebury Institute of International Studies Use Permit 13-496 and Certifying Negative Declaration for a Master Plan (assembly facility). The plan creates common open spaces to establish a campus core and sense of campus identity, promotes campus growth through new and expanded facilities, renovates and reconfigures existing facilities and spaces and expands existing academic programs. The plan includes the partial closure of Pierce Street and reconfiguration of area parking. ACTION: Adopted Resolutions adopting a Negative Declaration and approving Use Permit 13-496 for a Master Plan (Assembly Facility) as recommended by staff. Staff Presentation/Commissioner Questions Ms. Cole presented the Agenda Report and answered Commissioners’ questions. She also informed the Commission that since publication of the Agenda Report, staff is recommending modifications to the Use Permit Resolution’s Special Conditions of Approval 7, 7j, 7c, and 8 and she gave details of these modifications. Applicant Jeff Dayton-Johnson, Dean of Middlebury Institute of International Studies (MIIS), thanked the Planning Commission and thanked those who attended the field trip to the campus and said he welcomes community members to the campus, community garden, library, and campus events. Dean Dayton-Johnson said the MIIS Master Plan seeks to consolidate the university’s presence in the existing footprint, accommodate future growth, and provide a greener, pedestrian friendly sense of place. Dean Dayton-Johnson said MIIS students add cultural and intellectual life to the downtown, as well as an economical impact. Dean Dayton-Johnson said global education is needed more now than ever and downtown Monterey is uniquely situated to provide this education. John Bridges, attorney on behalf of MIIS, thanked City staff and said he will to respond to letters received from the public and questions from the dais. Mr. Bridges said the Master Plan is fully self-mitigated with no adverse environmental impacts, benefiting both the student body and the City. He also said the Planning Commission hearing was postponed for one month to accommodate comments, questions, and outreach, and MIIS gained community support with only one key opponent, Ms. Molly Erickson. Regarding parking, Mr. Bridges said those who will have their city parking spaces relocated are mostly MIIS faculty and students, and that the project has a demand management program proposed. Regarding housing, Mr. Bridges said MIIS students live all over the Monterey Peninsula and only about 10% live in the downtown area. Mr. Bridges said representatives from MIIS and Denise Duffy and Associates are present and available to answer questions. Public Comments Rick Johnson, Executive Director of the Old Monterey Business Association and president of the governing board of Monterey Peninsula College (MPC), said MPC is excited about the rejuvenation happening at MIIS. He said the Pierce Street project is exciting and the downtown area welcomes students, their families, and the label of “Language Capital of the World.” Mr. Johnson said as the school grows, so will the positive economic and cultural impacts. Regarding parking, Mr. Johnson said it would be advantageous if more people parked in the garages and walked downtown. He also said the Alvarado Maintenance District Planning Commission Meeting Minutes Tuesday, December 8, 2015 2 Planning Commission Minutes Tuesday, December 8, 2015 will be installing one more streetlight between Alvarado Street and Calle Principal. Kathy Anderson said she supports MIIS because they want to improve their campus in a way that is consistent with the General Plan and zoning regulations. Ms. Anderson said MIIS is a huge stakeholder and they maintain their buildings beautifully, which is important to downtown. She also said the Plan addresses parking and housing could be addressed by the new subdivisions being constructed in Monterey County. Brian Turlington, Executive Director of the Monterey County Business Council, said MIIS has always been a crucial partner with the Business Council and has played a key role in higher education research. Mr. Turlington said an international language and translation company will be opening an office in Monterey, which would not have happened without MIIS and their globalization studies postgraduate program. Mr. Turlington said the MIIS Master Plan is a great benefit for the City, its residents, and businesses that are looking to relocate here. He said it will increase the cultural vitality of the community. He encouraged the Planning Commission to adopt Resolutions approving the Use Permit and adopting the Negative Declaration. Henry Ruhnke, WRD representative, said the Master Plan is an effort to gain more of a campus feel with defined areas that will be sustainable. He also said it means a lot to have Middlebury Institute in the community because they are one of the best universities in the world and everything possible should be done to keep the university in town. Mr. Ruhnke said he is pleased with the proposal and is very supportive of moving the project forward. Jerry Anderson, Saucito Land Company, North Fremont Business District president, significant property owner in the downtown area, and board member of the Old Monterey Business Association and Monterey Commercial Property Owners Association, said he echoes Mr. Ruhnke’s comment regarding wanting to make the Master Plan work and keeping MIIS in the downtown area. He also said the positive impacts of the MIIS students are valued peninsula wide, including on North Fremont Street. Mr. Anderson said 80 to 90 residential units are being built in the downtown right now and that the downtown business community would like to make things work for MIIS also. Commissioner Comments Commissioner Widmar said MIIS is given a unique opportunity being downtown, and that their location adds younger people in the downtown area, making it more active, alive, and vibrant. He also said the Master Plan is a very high quality document. He said lots of work went into the application and staff did a fantastic job. Commissioner Widmar made a motion to adopt Resolutions adopting a Negative Declaration and approving Use Permit 13-496 for a Master Plan (Assembly Facility) as recommended by staff. Commissioner Dawson said he likes that the mitigations measures have been addressed in advance. Commissioner Davis said the Master Plan is encouraging and it is exciting to see how it brings the campus together. He also said he sees opportunity for property owners to have larger market of students to rent to. Commissioner Davis said the Master Plan achieves the Downtown Specific Plan goal of getting rid of parking lots and creating spaces, and that he fully supports the motion. Chair Reed said MIIS is major part Monterey and he strongly supports the Master Plan. He Planning Commission Meeting Minutes Tuesday, December 8, 2015 3  Planning Commission Minutes Tuesday, December 8, 2015 also said he would like to see university life as more of a part of the downtown population. On a motion by Commissioner Widmar, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission Adopted Resolutions adopting a Negative Declaration and approving Use Permit 13-496 for a Master Plan (Assembly Facility) as recommended by staff: AYES: 7 COMMISSIONERS: Reed, Fletcher, Davis, Garden, Widmar, Dawson, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Chair Reed adjourned the afternoon session at 5:22 pm. RECONVENE ***Evening Session Agenda*** 7:00 – 11:00 pm Chair Reed called the evening session to order at 7:00 pm. CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING Commissioner Millich recused himself from item #3 due to residing within 150 yards of the project site and left the room. Commissioner Dawson and Commissioner Widmar said they were not present at the October 27, 2015 when item #3 was first discussed, but have reviewed the recording and minutes from the meeting. 3. Consider 1 Soledad Drive; Use Permit 15-371 for a Safe Parking Program to Allow Homeless Individuals to Park Overnight; Property Owner Monterey Methodist Church; Applicant James Nelson, Pass the Word Ministry (One Starfish Safe Parking); R-1-20 Zoning District; Exempt from CEQA (Article 19, Section 15304, Class 4 (e) ACTION: Adopted a Resolution denying a Use Permit for a safe parking program to allow homeless individuals to park overnight at 1 Soledad Drive. Staff Presentation/Commissioner Questions Ms. Cole presented the Agenda Report and answered Commissioners’ questions. Applicant Pastor Jim Nelson, Pass the Word Ministry and One Starfish, applicant, responded to a question from the dais and said One Starfish does not allow program participants to consume alcohol. He also said lots of ground was covered in the two community meetings, with the goal of showing that the program participants are not typical homeless people. Pastor Nelson said he feels that the neighbors are in favor of the program, but still have concerns with the location. He also said is willing to help the family adjacent to the site construct a fence. Pastor Planning Commission Meeting Minutes Tuesday, December 8, 2015 4 Planning Commission Minutes Tuesday, December 8, 2015 Nelson said the program is willing to hold a review quarterly, and also said that having the program at the church will be a deterrent for the homeless population at Soledad Drive and Munras Avenue and that lot monitors will be available if problems occur. In response to Commissioner Davis’ question, Pastor Nelson said membership in the program renews monthly, and if program goals are not met participants can be excused from the program. In response to Commissioner Davis’ second question, Pastor Nelson said the average length of participation in the program is three to four months. In response to Commissioner Widmar’s question, Pastor Nelson said he was not involved in the program last winter, but he thinks participants would be allowed to start their cars to stay warm. Public Comments Tim Stejskal, Monterey resident, said he spoke at the previous meeting and is not against the program but is against the location. He said he still has concerns even after attending one of the community meetings. He also said he is glad to hear that the porta-potty and electricity will be locked to non-program participants, but questioned this will lead to safety issues for program participants and neighbors. Mr. Stejskal asked what type of residency the program requirement refers to. He expressed concern regarding having to disclose a permit sanctioned program for homelessness if selling his house and also the possibility of higher insurance rates for neighborhood residents. Mr. Stejskal said he is concerned that the program monitor is a program participant and not a staff member. He also described his visits to the other safe parking locations currently operating and said that the lots were not at full capacity. Mr. Stejskal said there are other vacant lots larger in size in the City of Monterey that would better house this safe parking program and that residents should not have be responsible for monitoring the program. Katherine Thoeni, Executive Officer of the Homeless Coalition, said if the program is approved the Homeless Coalition and their member agencies stand ready to work with the program to address any issues there may be and to help people move through the program as quickly as possible to achieve self sufficiency. Eric Johnson said he and his wife live on Pacific Street a block from the church, and that he still has concerns regarding the program after attending the prior Planning Commission meeting and one community meeting. He said he agrees with all concerns shared by Mr. Stejskal, including concerns regarding the porta-potty. Mr. Johnson said he is concerned that the area will be a magnet for the nearby homeless population and does not agree with Pastor Nelson that the program will deter the homeless population. Mr. Johnson said it seems that the City is turning its back on the program and he asked why the program cannot take place in a City parking lot. He also said he applauds One Starfish, but he is concerned with the proximity of the parking lot to the neighbors, the potential of the area becoming a thoroughfare for the homeless population and the fact that the other safe parking lots do not have as many cars. Janine Colletto said she represents the trust that owns the property adjacent to Union Bank, and living next door she sees significant activity at Union Bank after hours. She said she has worked with the police and the Monterey Vista Neighborhood Association to address issues and has had encampments outside her windows, rats in the crawl space, human waste, and stolen water due to the homeless population. She also said trespassing is very easy since the fence between her property and Union Bank was removed. Ms. Colletto said her concern is for the safety of the program participants being in a car with everything they own in a parking lot that is not visible from Soledad Drive. She said the program should be supported, but that the proposed location is very dangerous. She suggested parking lot C across from the Fire Planning Commission Meeting Minutes Tuesday, December 8, 2015 5 Planning Commission Minutes Tuesday, December 8, 2015 Department. Greg Gessaman, 26 Soledad Drive, said he has recently seen a few RVs parked in the area for several hours a day. He said he is concerned that RVs participating in the safe parking will park in the neighborhood in the day time, which he strongly objects to because of the proximity to the freeway and potential for attracting more RVs. Kris Stejskal said that she supports the concerns shared during public comment, and that she attended the prior Planning Commission meeting and both community meetings on the issue. Ms. Stejskal thanked Pastor Cindy Storrs for locking the porta-potty and electrical outlet and said she is concerned for the safety of the participants and residents, and that the area will be thoroughfare for the homeless population not served by the program. She also expressed concern regarding the huge burden being put on residents having to monitor the program, decreased home values, and having to disclose the program when selling. Ms. Stejskal said the City can apply for a permit and she urged the Planning Commission to ask the City to find lots that are not as impacted and do not have the proximity to residents. Ms. Stejskal said lot C is well-lit, close to police and fire, and still close enough for the church to be a mentor. Pat Ostrom said she lives in the neighborhood and is in full support of the program because the church will take full responsibility for monitoring, and she hopes the Police would also be available for monitoring on a regular basis. Ms. Ostrom said she would not be opposed to disclosing the program if selling her home. She also said she supports the porta-potty being open to program participants only. Ms. Ostrom said the program does not encourage an encampment, but rather transitional, temporary housing that is monitored. Stacy Johnson, resident of Pacific Street, said she expressed many of her concerns at the prior Planning Commission meeting, and that the program is the straw that breaks the camels back. Ms Johnson said she stopped walking to work due to harassment by homeless people and she is very concerned about the safety of single women staying in their cars over night. Regarding police monitoring of the program, Ms. Johnson said she has had difficulties getting the police to monitor speeding on her street, much less crime, due to their full workload. Rowan Wolnick, resident of Pacific Street, said she fully supports the program and is available to be a monitor. Ms. Wolnick said she walks her dog every day and has not had the problems the previous speaker mentioned, but does see trash. Ms. Wolnick said she would love to allow six people to park overnight in the church’s parking lot. Alice England, resident of the Peters Gate area, thanked Ms. Cole and the Planning Commission and said she has found the police to be very helpful. Ms. England said she teaches at the church and believes in treating others as you would like to be treated, and is concerned that this is not being done with the homeless. She also said the program will begin to address the homeless issue in the City and she hopes the Planning Commission approves it. Cindy Storrs, pastor of Monterey United Methodist Church and resident of the Monte Vista Neighborhood, clarified that to qualify for the program’s residency requirement an applicant must have an address on the peninsula. Pastor Storrs said she has not agreed to the conditions that the porta-potty be locked up and the electricity be shut down because she believes it will lead to problems, but said she will do so if required. She said electricity was made available to shuttle and ambulance drivers long ago without problems, and is mainly used now for charging electrical devices. She also said the porta-potty has been in place Planning Commission Meeting Minutes Tuesday, December 8, 2015 6 Planning Commission Minutes Tuesday, December 8, 2015 since February without drawing previous attention. Pastor Storrs said there is a vast difference between the walking homeless population and the safe parking program participants, and that she would not put participants in danger or allow vulnerable people to be at greater risk. Pastor Storrs said some of the other safe parking sites may not be at capacity now but during the spring time this may change. Pastor Nelson said the neighbors’ concerns show that there is a bigger problem and that he hopes the City will find ways to address the issue. He suggested that a portable shower facility in an area other than Veterans Park could alleviate foot traffic through the neighborhood. Regarding RVs, Pastor Nelson said if they are a big concern they can be eliminated, allowing cars only. Pastor Nelson responded to a previous question regarding the porta-potty at the Carmel Valley site and said it was removed due to the possibility of flooding in the Carmel Valley. Pastor Nelson also said a site in Monterey is needed because for some participants the cost of gas and rush hour traffic make the Carmel Valley site unfeasible. Commissioner Comments Chair Reed said that the program was unanimously approved by the Planning Commission and City Council and that he would like to see the program go forward with review in three to four months. He also said neighbors would have to disclose their property as being in a nuisance area with or without the program. Chair Reed suggested that RVs not be a part of the program, that the porta-potty be locked for a trial basis, and that locking the electrical outlet is not a condition. Chair Reed said he trusts that the program will not put participants in harm’s way and he strongly supports it because it is a good thing for the City. Commissioner Dawson said he has given financial support to the program, and he likes the program, but does not like the proposed location. He said at the very least, the porta-potty should be screened. He also said as a neighborhood association president, he knows his neighborhood would have an issue with the program in their neighborhood. Commissioner Dawson said neighbors should not have to lose value on their homes. He said he does not think the proposed location is appropriate and suggested either the lot behind the police station or the lot next to the library. Commissioner Garden said he strongly supports program and would like to see it go forward with review in three months, unless there is great success or failure, in which case he would like review to happen sooner. He also said he has heard residents’ concerns regarding the homeless population in the City, and that this is one small step to help the issue. Commissioner Garden said he does not see how an electric outlet near the parking lot is an issue for others and that the porta-potty can be locked on a trial basis and does not need to be screened. Commissioner Garden made a motion to adopt a Resolution approving a Use Permit for a safe parking program to allow homeless individuals to park overnight at 1 Soledad Drive with modified Conditions of Approval as follows: 10. The applicant shall provide six three month progress reports to the City on their operation. 12. The onsite port-a-poty and electrical outlet at the northeastern corner of the parking lot shall be available only for Safe Parking guests. Chair Reed seconded the motion. Commissioner Davis said the program is a great program and he understands the difference Planning Commission Meeting Minutes Tuesday, December 8, 2015 7 Planning Commission Minutes Tuesday, December 8, 2015 between the two homeless populations. He also said he suggested a continuance at the November Planning Commission Meeting so a community discussion could occur. He said the program cannot be successful with how the neighbors adjacent to the site feel. Commissioner Davis said there must be another location to test the program to show the residents that the program could be successful at the proposed location, and said he cannot support the current proposal. Commissioner Widmar said he is disappointed that Pastor Storrs’ church was the only one to come forward to support the program since there are many great places it could work. He said he does not think having the program at the proposed location will make things worse with the current homeless situation, but he understands the concerns of the neighbors. Commissioner Widmar said he has a hard time supporting the program at the proposed site, and without the neighbors’ support any issue that may arise will be unfairly highlighted. Commissioner Widmar said he does not support the motion. Vice Chair Fletcher concurred with Commissioner Widmar and said there are many issues being added on top of the great program. He also said that he feels the program could work in the proposed location but only with the support of the neighborhood. Commissioner Fletcher said he does not support the proposal in this location but would whole-heartedly support another location. Commissioner Dawson said the area with a homeless encampment near Del Monte Center is a City park and suggested the City works with Del Monte Center to find a solution. Commissioner Garden said the proposal is for a temporary use permit that will be a small step in the right direction that may lead to greater application in the City. On a motion by Commissioner Garden, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission moved to adopt a Resolution approving a Use Permit for a safe parking program to allow homeless individuals to park overnight at 1 Soledad Drive with modified Conditions of Approval: AYES: 2 COMMISSIONERS: Reed, Garden NOES: 4 COMMISSIONERS: Fletcher, Davis, Widmar, Dawson ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Millich The motion failed. Commissioner Widmar made a motion to adopt a Resolution denying a Use Permit for a safe parking program to allow homeless individuals to park overnight at 1 Soledad Drive. Commissioner Dawson seconded the motion. On a motion by Commissioner Widmar, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission adopted a Resolution denying a Use Permit for a safe parking program to allow homeless individuals to park overnight at 1 Soledad: AYES: 4 COMMISSIONERS: Fletcher, Davis, Widmar, Dawson NOES: 2 COMMISSIONERS: Reed, Garden ABSENT: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday, December 8, 2015 8  Planning Commission Minutes Tuesday, December 8, 2015 ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: Millich 4. Receive Report on Housing Element Update and Direct Staff to Submit Draft for Preliminary Review by the State Department of Housing and Community Development; Exempt from CEQA (Article 20, Section 15378) ACTION: Received report; Directed staff to submit draft for preliminary review by the State Department of Housing and Community Development. Staff Presentation/Commissioner Questions Elizabeth Caraker presented the Agenda Report and answered Commissioners’ questions. Public Comments Betsy Wilson, Mid-Pen Housing Corporation and Monterey resident, said she was part of the group convened by Councilmember Barrett that made recommendations for new housing element policies and the seven recommendations in the background report. She said the group would like to see exploration of new policies, specifically around those seven recommendations. Regarding the home ownership policy and the imbalance between renting and owning, Ms. Wilson said there is false logic when addressing the ratio between owners and renters because the population of student households is not addressed. Ms. Wilson also read an excerpt from an article on the issue of why people rent in communities where it is cheaper to own, and asked that the Planning Commission consider this issue as well. Alan Bilinsky, Housing Development and Property Director for Interim Inc. and Monterey resident, thanked staff for their work on the housing element and Councilmember Barrett for his involvement in getting the stakeholder input. He also said he supports the exploration around the seven recommendations that the previous speaker mentioned. He said it has never been more difficult to find the funding to operate and obtain affordable housing for people with psychiatric disabilities and funding sources used previously are now difficult to access. He thanked the City of Monterey for their support and said more is needed. Katherine Thoeni, Executive Officer of the Homeless Coalition, thanked the advisory group under the leadership of Councilmember Barrett for the time and attention that was given to developing the seven recommendations. She said she agrees with the comments of the previous two speakers and also that the discussion on homelessness starts right now with this type of document. Ms. Thoeni said there needs to be enough housing and services to lift people out of the homeless condition and that it is a travesty that a person who has worked all their life and is on social security cannot afford to live here. She said we can and need to do more as a region to address these issues. Commissioner Comments Commissioner Dawson said he has read multiple places that the Monterey and Salinas market is the least affordable market in the United States to buy a house with a median salary, so he is not surprised that there is a difficulty matching up people with houses and rentals. Commissioner Davis made a motion to direct staff to submit draft for preliminary review by the State Department of Housing and Community Development. Commissioner Widmar seconded the motion. Commissioner Davis said after staff gets a response from the State the Planning Commission can address and evaluate the seven points. Planning Commission Meeting Minutes Tuesday, December 8, 2015 9  Planning Commission Minutes Tuesday, December 8, 2015 On a motion by Commissioner Davis, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission directed staff to submit draft for preliminary review by the State Department of Housing and Community Development: AYES: 7 COMMISSIONERS: Reed, Fletcher, Davis, Garden, Widmar, Dawson, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner Garden requested that Ms. Cole provide clarification to the Planning Commission on the difference between continuing an item and tabling an item so there is full understanding. Commissioner Dawson said he was elected to a subcommittee at the October 27, 2015 meeting while he was absent and asked that staff provide him with an explanation of the subcommittee and his roll. Commissioner Millich asked for more information on the North Fremont Business District subcommittee that he was appointed to. INFORMATIONAL REPORTS & STAFF COMMENTS 5. Planning Office Update  Update received.  Ms. Cole said there will be a reception this Thursday, December 10, 2015 from 5:00 pm – 7:00 pm at the Monterey Marriott for the boards, committees and commissions members. There being no further business, the meeting adjourned at 9:22 pm. ADJOURNMENT Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, December 8, 2015 10