Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, November 22, 2016 7:00 pm EVENING SESSION ONLY 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Fletcher, Millich, Davis, Dawson, Latasa, Reed, Widmar Commissioners Absent: None Staff Members Present: Chief of Planning Engineering & Environmental Comp Cole, Principal Planner Caraker, Recording Secretary Leinen, City Attorney Davi CALL TO ORDER Chair Fletcher called the meeting to order at 7:01 p.m. CONSENT ITEMS Commissioner Reed made a motion to approve the Consent Items. Commissioner Wimdar seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 6 COMMISSIONERS: Fletcher, Millich, Davis, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Dawson RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. November 8, 2016 ACTION: Approved as submitted. Commissioner Dawson abstained from voting on item #1 due to his absence from the November 8, 2016 meeting. ***End of Consent Agenda*** PUBLIC COMMENTS Mike Brassfield said he is a resident of the neighborhood adjacent to the project at 2192 North Fremont Street. He said the proposed project consists of a larger amount of residential space than retail space and that this concerns him because the area is commercial and he wants it to maintain its commercial nature. Luis Osorio, former Planning Commissioner, said the Downtown area continues to grow due to the hard work of the Planning Commission and staff in creating the Downtown Specific Plan. He said the City should now work with property owners on revitalizing the Tyler Street area. Mr. Osorio also congratulated Commissioner Latasa on his appointment to the Planning  Planning Commission Minutes Tuesday, November 22, 2016 Commission and said he brings great experience with him. PUBLIC HEARING 2. Recommend that the City Council Adopt an Ordinance Rezoning 733 Madison Street as a City Historic Resource from R-1-20 to R-1-20-H-2; HP Application 16-445; Applicant/Owner Mark S. and Laura J. Coor; R-1-20 Zoning District (Exempt from CEQA Requirements per Section 15305, Class 5) ACTION: Adopted a resolution recommending that the City Council adopt an Ordinance Rezoning the property as a City Historic Resource from R-1-20 to R-1-20-H2. Staff Presentation/Commissioner Questions Ms. Caraker presented the Agenda Report and answered Commissioners’ questions. Applicant Applicants/Owners Mark S. and Laura J. Coor were present but did not address the Commission. Public Comments None. Commissioner Comments Commissioner Reed made a motion to adopt a resolution recommending that the City Council adopt an Ordinance Rezoning the property as a City Historic Resource from R-1-20 to R-1-20- H2. Commissioner Dawson seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission Adopted a resolution recommending that the City Council adopt an Ordinance Rezoning the property as a City Historic Resource from R-1-20 to R-1-20-H2: AYES: 7 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Recommend that the City Council 1) Amend City Code Section 38-11 to Add Definitions for Accessory Dwelling Units; and Sections 38-22, 38-23, and 38-25 to Allow Accessory Dwelling Units as Permitted Uses; 2) Replace Section 38-23(f) (Prohibition of Second Units) and Sections 38-25(D)(k) & (l) with New Section 38-26(s) (Accessory Dwelling Units); 3) Amend Section 38-115 to Add Parking Requirements for Accessory Dwelling Units; and 4) Amend Section 38-153(b) to Add Administrative Procedures for Accessory Dwelling Units; (Exempt from CEQA per Public Resources Code Section 21080.17) ACTION: Adopted a resolution recommending that the City Council amend Monterey City Code Section 38-11 to add definitions for accessory dwelling units; Sections 38-22, 38-23, and 38-25 to allow accessory dwelling units as permitted uses; replace Section 38-23(f) (Prohibition of Second Units) and Section 38-25(d)(k) & (l) with new section 38-26(s)(Accessory Dwelling Units); Planning Commission Meeting Minutes Tuesday, November 22, 2016 2 Planning Commission Minutes Tuesday, November 22, 2016 amend Section 38-115 to add parking requirements for accessory dwelling units; and amend Section 38-153(b) to add administrative procedures for accessory dwelling units. Staff Presentation/Commissioner Questions Ms. Caraker presented the Agenda Report and answered Commissioners’ questions. City Attorney Christine Davi, consulting council Barbara Kautz of Goldfarb and Lipman, and Chief of Planning, Engineering and Environmental Compliance Kimberly Cole were also present and answered Commissioners’ questions. Public Comments Chair Fletcher made mention of a letter received late in the day from member of the public, Sharon Dwight. Luis Osorio, said there is currently a housing crisis in the state and that 50% of residents cannot afford to buy a home. He said it is important to understand that the spirit of the law is to direct municipalities to help lessen the housing crisis. Mr. Osorio said there are many benefits of the law for the City and property owners. Nancy Soule, resident of Larkin Street, said she wants to ensure that short term rentals under 30 days continue to be prohibited. She said because of the housing crisis, it is critical to state in the ordinance that Airbnb rentals are not allowed. Ms. Soule asked what the penalty is for allowing a short term rental and Ms. Davi said the penalty is $1000 per night. Monica Hoffman, property owner on Encina Avenue, said Airbnb and short term rentals can be used to accommodate those who are looking for long term housing, not just tourists. She said there is no harm in helping people who are transitioning into long term housing and asked that the Planning Commission consider alternatives to the absolute ban on short term rentals. Mike Brassfield said he understands the current housing crisis, but takes issue with the state mandating on such a broad issue when there are so many diverse neighborhoods. He also said the City should slow down on the creation of ordinances until water credits become available and just do what is needed to meet State requirements for now. Mr. Brassfield expressed concern regarding those with non-permitted structures applying to have accessory dwelling units and said this will cause the character in many residential neighborhoods to change. Betsy Wilson, MidPen Housing and Monterey resident, said the City should take ownership of the changes required by the state to create something positive and be able to house those who desperately need housing. She also said there is a problem with recruiting teachers to the area because of the housing shortage. Ms. Wilson said she would like to see consideration for accessory dwelling units on lots of 8,000 or 10,000 square feet in the Monterey Vista neighborhood. She also said there are many people who work, shop, and go to school in Monterey but cannot afford to live here. Jean Ferrera asked if once an accessory dwelling unit is permitted if it is permanently approved. She also asked what the fee is to convert a structure into an accessory dwelling unit. Jean Rash, Monterey Vista neighborhood resident, said she is concerned regarding the mandatory directions to municipalities from the State. She said something is lost when density increases and causes additional noise, stress, and loss of privacy. Ms. Rash said when Planning Commission Meeting Minutes Tuesday, November 22, 2016 3 Planning Commission Minutes Tuesday, November 22, 2016 buying her home she made a contract with the City in regards to what her zoning entails. Chair Fletcher asked staff to respond to issues raised during public comment. In regards to short term rentals, Ms. Caraker clarified that they are prohibited for fewer than 30 days in all zoning areas other than VAF. In response to the request from the public to slow down the creation of a new ordinance, Ms. Kautz said the current second unit ordinance will be null and void as of January 1, 2017, which puts the City at risk. In regards to comments on housing assistance for teachers, Ms. Kautz said various fair housing issues would have to be looked into. In response to questions whether the accessory dwelling units would become permanent structures, Ms. Kautz said once a structure is built in accordance with the law, it would be able to remain permanently. Regarding the cost to create an accessory dwelling unit, Ms. Caraker said there would be no fee required unless building permits were required to bring the structure up to Building Code standards. Commissioner Comments Commissioner Reed said there could be unintended, dangerous consequences to the Planning Commission adding language or altering what has been written by staff. He said he strongly supports approval of the recommendation. Commissioner Widmar concurred with Commissioner Reed and said potential effects of editing the language are unknown, and it is best to let staff and City Council work together to make any changes necessary. He also noted that the proposed ordinance could result in a reduction of carbon emissions by allowing people to live locally. Commissioner Widmar made a motion to adopt a resolution recommending that the City Council amend Monterey City Code Section 38-11 to add definitions for accessory dwelling units; Sections 38-22, 38-23, and 38-25 to allow accessory dwelling units as permitted uses; replace Section 38-23(f) (Prohibition of Second Units) and Section 38-25(d)(k) & (l) with new section 38-26(s)(Accessory Dwelling Units); amend Section 38-115 to add parking requirements for accessory dwelling units; and amend Section 38-153(b) to add administrative procedures for accessory dwelling units. Commissioner Reed seconded the motion. Vice Chair Millich said he agrees that modifying the language has potentially negative effects. He also said that he supports the prohibition on short term rentals as they are a danger to the R3 neighborhoods. Vice Chair Millich said he does not like that the state is mandating jurisdictions, but the City has no choice, and he is in support of the motion. Commissioner Dawson said he does not like the state mandating local jurisdictions and that the City should keep an eye out for another entity that is going to sue over the mandate and join them. He also said the City should write a letter of opposition to the State. Commissioner Latasa said there are real housing issues in Monterey. He said the law is beneficial to the state and is good in that it includes the wealthier areas of the City. Commissioner Latasa said he welcomes the law, but would like to see the word “other” clarified in Section 8, subsection S-3 of the proposed ordinance. Ms. Kautz said “other” can be revised to “accessory dwelling units, exterior.” Commissioner Latasa also suggested adding a reference to the exclusions found elsewhere in the Zoning Ordinance with regards to the 0.40 FAR limit in Section 8, subsection S-3-B. Commissioner Davis as the ordinance is vetted it will improve and be fleshed out. Ms. Kautz said staff wants to add language to Section 8, subsection S-1-C stating that existing Planning Commission Meeting Minutes Tuesday, November 22, 2016 4  Planning Commission Minutes Tuesday, November 22, 2016 accessory dwelling units are required to conform to all other provisions relating to legal non- conforming structures. Commissioner Widmar agreed to the amendments to the motion provided by Commissioner Latasa and Ms. Kautz. Commissioner Reed seconded the motion as amended. On a motion by Commissioner Widmar, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission Adopted a resolution recommending that the City Council amend Monterey City Code Section 38-11 to add definitions for accessory dwelling units; Sections 38-22, 38-23, and 38-25 to allow accessory dwelling units as permitted uses; replace Section 38-23(f) (Prohibition of Second Units) and Section 38-25(d)(k) & (l) with new section 38-26(s)(Accessory Dwelling Units); amend Section 38-115 to add parking requirements for accessory dwelling units; and amend Section 38-153(b) to add administrative procedures for accessory dwelling units: AYES: 6 COMMISSIONERS: Fletcher, Millich, Davis, Latasa, Reed, Widmar NOES: 1 COMMISSIONERS: Dawson ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner Reed confirmed that Tuesday, November 29, 2016 at 7:00 p.m. there will be a special meeting of the Planning Commission to discuss emergency shelter overlay zoning. In response to Commissioner Latasa’s question, Ms. Caraker clarified that the City Council directed staff to conduct more community outreach on the issue. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Update received. ADJOURNMENT There being no further business, the meeting adjourned at 8:26 p.m. Respectfully Submitted, Approved, Elizabeth Caraker, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, November 22, 2016 5