Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, February 28, 2017 4:00 PM - 5:30 PM 7:00 PM - 11:00 PM 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Fletcher, Millich, Dawson, Latasa, Reed, Widmar Commissioners Absent: Davis Staff Members Present: Chief of Planning Engineering & Environmental Comp Cole, Principal Planner Caraker, Associate Planner Roveri, City Attorney Davi, Recording Secretary Leinen CALL TO ORDER Chair Fletcher called the meeting to order at 4:01 p.m. CONSENT ITEMS Commissioner Latasa made a motion to approve the Consent Items. Commissioner Dawson seconded the motion. On a motion by Commissioner Latasa, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 6 COMMISSIONERS: Fletcher, Millich, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. January 24, 2017 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. Approve 833-851 Wainwright Street; Use Permit Application UP-17-0113 for Adding a Duplex to a Site which Already Contains a Duplex for a Total of Four Dwelling Units; Applicant and Owner Jon Rasmussen et. al.; R-3-6 Zoning District (Exempt from CEQA per Article 19, Section 15303, Class 3) ACTION: Adopted a resolution approving Use Permit UP-17-0113 for adding a duplex to a site which already contains a duplex for a total of four dwelling units with added Special Condition of Approval. Planning Commission Minutes Tuesday, February 28, 2017 Staff Presentation/Commissioner Questions Fernanda Roveri presented the Agenda Report and answered Commissioners’ questions. Elizabeth Caraker also answered Commissioners’ questions. Applicant Jon Rasmussen, applicant, said there is a need for housing in Monterey and that the proposed project replaces a previous structure. He also said neighbors of the site have been enthusiastic about the project. In response to Chair Fletcher’s question, Mr. Rasmussen said the dashed line shown around the sink area on the floor plan is an error. Public Comments Carol Hewitt, Old Town Monterey homeowner and resident, requested that the Planning Commission deny the application in order to maintain the eclectic character of the neighborhood and to prevent additional parking and traffic issues in the area. Ms. Hewitt submitted to staff a petition signed by neighbors asking the Planning Commission deny the application. Ms. Hewitt also expressed concern regarding preservation of the Monterey Cypress tree on site. Nancy Soule, Old Town Monterey resident, said the residential character of Old Town should be preserved and that the proposed duplex is not compatible with the area or surrounding single family homes. She also expressed concern with the aesthetics of the duplex and its parking layout. Ms. Soule referenced the Old Town Area Plan Land Use Goal #1 and said a single family home would be more compatible for the area. Laura Zabrowski, adjacent property owner, said she purchased her house due to the feel of the neighborhood and because the subject lot was zoned for a single-family house. She also said allowing a duplex on the property would affect the traffic and quality of life for residents. Ms. Zabrowski asked that Planning Commission deny the application. Kelly O’Dowd said she purchased her home across the street from the project site knowing the site was zoned for a duplex and single family home and she has concerns about rezoning the property. Ms. O’Dowd said the proposed project would change the integrity of the neighborhood and further impact parking issues in the area. Ms. O’Dowd asked the Planning Commission to deny the application. Chair Fletcher allowed the applicant time for a rebuttal. Mr. Rasmussen clarified that the zoning of the property will not be changing and said the duplex is a huge improvement for the currently vacant lot. Mr. Rasmussen also said the neighbors immediately adjacent of the site, aside from Ms. O’Dowd, have been positive, enthusiastic and supportive of the project. Commissioner Comments In response to Chair Fletcher’s question, Ms. Roveri said that a use permit is required due to the proposal of four units instead of three. Ms. Roveri also said that a Condition of Approval can be added requiring that the City Forester evaluate the tree on site as part of the Architectural Review process. In response to Commissioner Reed’s question, Ms. Roveri said there is no proposal to change the zoning of the lot, and that the maximum density for the zoning district would allow six units on the site. In response to Commissioner Latasa’s question, Ms. Roveri confirmed that the tandem Planning Commission Meeting Minutes Tuesday, February 28, 2017 2 Planning Commission Minutes Tuesday, February 28, 2017 parking, as proposed, is allowed in the R3 zoning area. Commissioner Dawson said there is no requirement for the replacement of the previous single family house with another single family house. Vice Chair Millich made a motion to adopt a resolution approving Use Permit UP-17-0113 for adding a duplex to a site which already contains a duplex for a total of four dwelling units with added Special Condition of Approval as follows: 2. That the City Forester evaluate the cypress tree on site for potential stability issues as part of the Architectural Review process. Commissioner Dawson seconded the motion. Commissioner Latasa said he does not support the motion due to severe parking impacts to the neighborhood, the project not meeting the Old Town Area Plan’s goal of diversity, and the aesthetic impact of tandem parking in the front of the building. Commissioner Reed said he agrees the aesthetics of the proposed project need improvement, but said the project meets all the qualifications required to approve the use permit. Vice Chair Millich said the applicant has met all the requirements and legally has the right to build the duplex. Chair Fletcher said it is within the Architectural Review Committee’s authority to ask for modifications to the design and suggest aesthetic improvements. Commissioner Widmar said the applicant has met all the requirements and that future reviews by the Architectural Review Committee can aid in making the proposed project more attractive and compatible with the neighborhood. On a motion by Commissioner Millich, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission adopted a resolution approving Use Permit UP-17- 0113 for adding a duplex to a site which already contains a duplex for a total of four dwelling units with added Special Condition of Approval: AYES: 5 COMMISSIONERS: Fletcher, Millich, Dawson, Reed, Widmar NOES: 1 COMMISSIONERS: Latasa ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Chair Fletcher adjourned the afternoon session at 4:40 p.m. RECONVENE ***Evening Session Agenda*** 7:00 – 11:00 p.m. Chair Fletcher called the evening session to order at 7:01 p.m. CONTINUED PUBLIC COMMENTS Planning Commission Meeting Minutes Tuesday, February 28, 2017 3  Planning Commission Minutes Tuesday, February 28, 2017 None. PUBLIC HEARING 3. Recommendation to the City Council to Amend City Code Section 38-11 Definitions; Add Article 16B to Create a New Emergency Shelter Overlay Zoning District to Permit Emergency Shelters Meeting Specific Operational and Management Requirements by Right; and Apply the Overlay Zone to all Properties Designated for Commercial and Industrial Uses (Exempt from CEQA per Article 19, Section 15305 and 15061(b)(3)) ACTION: Continued to March 14, 2017. Staff Presentation/Commissioner Questions Ms. Caraker presented the Agenda Report and answered Commissioners’ questions. Christine Davi was present and also answered Commissioners’ questions. Public Comments Mike Pekin, Monterey resident, said he is distressed by the deterioration of civic pride and the City policies that are pitting neighbor against neighbor. He said he wants to be proud of his City and asked the Planning Commission to consider the effect of allowing 15 shelters to be placed within Monterey. Mr. Pekin said the motion made by the City Council at their January 17, 2017 meeting is illegal because no business owner was present, and he also said he will be asking the City Council to erase the motion and set up a blue ribbon committee for the benefit of all the people of Monterey. Henry Ruhnke, business owner and architect on Garden Road, expressed concern regarding RV parking on Garden Road, the unclear language used on the City’s noticing, allowing shelters to be built without a use permit, and the possibility of shelters being placed anywhere in the City, without review. Mr. Ruhnke also said California Environmental Quality Act (CEQA) review should be required and that he was unaware of the proposed overlay, in spite of sitting on the Monterey County Hospitality Association (MCHA) board. Gary Cursio, MCHA Co-Chair of Government Affairs, asked the Planning Commission to postpone their decision to allow time for a meeting between City staff, business owners and property owners. Mr. Cursio also said the proposed ordinance, as drafted is too broad, and that it does not make sense for the City to allow shelters without any Planning Department or CEQA review. Kathy Buaya, Laguna Grande resident, expressed concern regarding placement of a large homeless shelter in the neighborhood and said there is an existing problem in the park behind her home with crime, fights, drugs, and fires. Ms. Buaya said the proposed overlay would be in an area with schools, children, elderly and low income people and would set the cleanup efforts at Laguna Grande Park back 10 years. She questioned what other options are available and suggested a plan to address the homelessness issue. George Ash, architect, said he lives and works on Foam Street and is concerned about the wording of the public notice being unclear. Mr. Ash requested that staff clarify the definitions and criteria in the proposed ordinance with regards to the maximum length of stay, the minimum distance between shelters, and how the Standards will be measured. He also said the City has discretion to require CEQA review and should require it. Planning Commission Meeting Minutes Tuesday, February 28, 2017 4 Planning Commission Minutes Tuesday, February 28, 2017 Patrick Tregenza said he is a homeowner and business owner in the City of Monterey and that he had not heard about the overlay zoning issue until reading an article in the newspaper. He also said use of Senate Bill 2 (SB 2) language in the public notice was not transparent. Mr. Tregenza said he supports helping those in need but questioned at what point does the community put out so many programs that it attracts more homeless people to the area. Jill Johnson, resident of the C3 district, said she read the entire text of SB 2 and many of the questions brought up during public comment are answered in the text. Ms. Johnson also said that City staff do not have a choice on allowing homeless shelters and that small shelters, placed evenly around the City, would be better integrated and a healthier way to serve the homeless population. Esther Malkin, Laguna Grande resident, addressed the business owners speaking against shelters in the commercial areas and questioned whether it would be better to have shelters in their backyards or near their businesses. Ms. Malkin expressed concern with the amount of public noticing done by the City and also with the public notice language. She also said homeless advocates support shelters spread out around the City and that the City should have someone to coordinate homeless issues. Judy Karas, Monterey resident, said the City is not in compliance with SB 2 and that it should have been in compliance by June 2016 according to Housing Element Program f.1.10. She also expressed concern regarding the public noticing. Ms. Karas encouraged property management companies make their housing rates more affordable and asked the City to do more to create low income and temporary housing. Deanne Brady, Cannery Row Business Association president, said the Business Association was shocked to see the business and industrial areas included in the proposed overlay zoning. She said the Cannery Row District attracts five million visitors and it does not make sense to have a shelter in an area near high-end hotels and congestion. Ms. Brady requested that the Cannery Row Business District be exempt from the proposed overlay. Kala Fossum, Villa del Monte Neighborhood Association president, said Mr. Pekin’s statement regarding no business community presence at the January 17, 2017 City Council meeting is not true, as a Cannery Row business-owner was present and made a comment. She also expressed concern regarding outreach and community meetings held on the subject. Ms. Fossum said Villa Del Monte residents endorse the option given by the City Council of rezoning industrial districts and/or the City’s former Fort Ord property to comply with SB 2. Scott Hansen, Del Monte Grove Laguna Grande president, said his neighborhood and the Villa del Monte Neighborhood hope City Council’s direction for the Zoning Overlay will be approved. Mr. Hansen stressed the importance of the “and/or” language in the Council’s motion, and said choosing certain areas of the City for shelters goes against the agreed upon idea of spreading them throughout the City and would pit neighborhoods and businesses against each other. Katherine Thoeni, Coalition of Homeless Services Providers, said she endorses the proposed Overlay Zoning in concept. She said the reason the State is mandating SB 2 is because there are communities who are not stepping up to take responsibility. She also said there are currently men, women, and children out in the cold without shelter. In response to an earlier public comment about attracting more homeless people to the City, Ms. Thoeni said the majority of the homeless population in Monterey comes from Monterey. Ms. Thoeni also said the Coalition of Homeless Services Providers is willing to provide their services at any time. Planning Commission Meeting Minutes Tuesday, February 28, 2017 5 Planning Commission Minutes Tuesday, February 28, 2017 Stan Cook, Villa del Monte Neighborhood resident, said he fully supports spreading small homeless services across the whole City. Mr. Cook said the homeless population is diverse with different needs and should not be grouped together. He also said the best area for shelters is the industrial zoned areas, followed by commercial areas. Mr. Cook suggested that sensitive uses, such as schools, should be separated from the more aggressive homeless population and that a Citywide approach is needed. Julie Ingle, Skyline Ridge resident, said homelessness in Monterey is one of the most urgent problems the community is facing and that the community as a whole needs to solve the problem. Ms. Ingle said the proposal is for an overlay, not construction of a shelter, and that we need the overlay to begin to solve the problem. She also said she supports shelters being spread out through the community and having better defined standards in the ordinance. Marlene Huckleberry said many people have an old-fashioned, negative view about the homeless population, but it is important to have a humane attitude and realize the homeless are community members. Ms. Huckleberry said she does not support having shelters spread out around the City, but thinks instead each city should have a small shelter to take care of problems locally. Kelly Keen, Fund for Homeless Women, said she has been fighting homelessness through her work with the Gathering Place, One Starfish and other outreach programs. Ms. Keen said there are homeless women in the community who are between 70 and 80 years old and that everyone needs to work together to get them adequate housing. Mike Brassfield said the City should study the homeless issue in order to clearly determine what problems exist and what direction should be taken. He also questioned how much money the City can afford to put into homeless services and said the city should ensure that when money is put into programs, benefits are gained in return. Douglas Sunday, business owner and property owner, said he is intimidated by the homelessness problem and that it affects his business and his customers. Mr. Sunday said a simple and fair solution is to include the whole City in the proposed overlay. Jean Rash, Monterey Vista Neighborhood resident, asked what the minimum and maximum size for shelters is. She also asked if the zoning overlay could be addressed as more of a group effort in a multi-jurisdictional way. Chair Fletcher asked Ms. Caraker to respond to questions raised during public comment. Regarding performance of shelters, Ms. Caraker said standards can be adopted to ensure shelters’ performance. Ms. Caraker also said she appreciated comments regarding expanding upon the definitions in the ordinance and that staff will look into the issue. In response to comments regarding shelter size, Ms. Caraker said the proposed limit on beds is 35 so there would not be shelters with 500 beds. Regarding a multi-jurisdictional approach, Ms. Caraker said this option is no longer viable, but that the City continues to meet with its neighbors regionally. Commissioner Comments Commissioner Dawson said it is dangerous and not viable to put homeless shelters in commercial areas that abut residential areas and that there are many C1 areas in the City that abut R1 areas. Planning Commission Meeting Minutes Tuesday, February 28, 2017 6 Planning Commission Minutes Tuesday, February 28, 2017 In response to Chair Fletcher’s question about standards, Ms. Caraker said SB 2 dictates what jurisdictions can require and that buffers from residential areas may be a possibility. She also said SB 2 limits the standards to specific issues, but there is latitude within those categories to further limit things like number of beds and parking. Chair Fletcher suggested looking at the standards very closely to see how they can be made more specific. Vice Chair Millich said he would like availability of transportation added to the list of Standards, if possible. Commissioner Reed asked about the standards for lot size, setbacks, and density. He also questioned what penalties the City faces for not implementing an overlay. Chair Fletcher asked what the City’s exposure is. Ms. Davi said there are definite consequences of not complying with SB 2, including the possibility of an injunction preventing the issuance of building permits within the City, and said it is in the City’s best interest to be compliant. In response to Commissioner Latasa’s question, Ms. Caraker said no additional outreach or workshops are planned at this time, but that staff will continue to speak with the business associations and other entities requesting information. Commissioner Widmar said there are no shelters proposed to be built at this time, and that it is more likely for adaptive re-use of properties for shelters. He also said the likelihood of finding a location to build a shelter is relatively small unless an existing area is found and repurposed. Commissioner Widmar said the priority should be to find the most practical approach to gain compliance with SB 2. Ms. Cole said the City needs to get into compliance with SB 2 and that the ordinance could be amended in the future. Vice Chair Millich said SB 2 is not a funded mandate because there is no mandate to construct shelters. He said the likelihood of a shelter being built with private or state funds is remote, but that the City needs to come into compliance. Commissioner Latasa said the availability of water credits would also factor into creation of shelters. He also said he agrees with those who spoke during public comment encouraging the City to get the solution right. Commissioner Dawson said grants and future funding for shelters is a possibility, and if the City allows shelters to be built in any commercial or industrial area there is nothing to block a shelter being built in the future, regardless of the repercussions. Ms. Caraker said staff will to bring this issue back to the next meeting and outline some of the standards that could be better defined along with some alternatives. Vice Chair Millich made a motion to continue the item to the March 14, 2017 meeting of the Planning Commission. Commissioner Latasa seconded the motion. On a motion by Commissioner Millich, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission Continued the item to March 14, 2017: AYES: 6 COMMISSIONERS: Fletcher, Millich, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday, February 28, 2017 7  Planning Commission Minutes Tuesday, February 28, 2017 RECUSED: 0 COMMISSIONERS: None Chair Fletcher called a five minute recess at 8:38 p.m. COMMISSIONERS COMMENTS Commissioner Dawson said he attended the Friends of the Public Library Wine and Chocolate fundraiser along with around 200 other people. He said he looks forward to attending the event again next year. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Update received. ADJOURNMENT There being no further business, the meeting adjourned at 8:43 p.m. Respectfully Submitted, Approved, Elizabeth Caraker, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, February 28, 2017 8