Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, March 14, 2017 4:00 PM - 5:30 PM 7:00 PM - 11:00 PM 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, Senior Associate Planner Bennett, City Attorney Davi, Recording Secretary Leinen CALL TO ORDER Chair Fletcher called the meeting to order at 4:01 p.m. CONSENT ITEMS Commissioner Reed made a motion to approve the Consent Items with amendments to the minutes. Commissioner Widmar seconded the motion. Commissioner Davis abstained from voting due to his absence from the February 28, 2017 meeting. On a motion by Commissioner Reed, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission the Consent Items with amendments to the minutes: AYES: 6 COMMISSIONERS: Fletcher, Millich, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Davis Approval of Minutes 1. February 28, 2017 ACTION: Approved as amended Commissioner Latasa requested that the following sentence be added to the last paragraph of page two of the minutes: “In response to Commissioner Latasa’s question, Ms. Roveri confirmed that the tandem parking, as proposed, is allowed in the R3 zoning area.” ***End of Consent Agenda*** PUBLIC COMMENTS None.  Planning Commission Minutes Tuesday, March 14, 2017 PUBLIC HEARING 2. Recommendation to the City Council to Amend Downtown Specific Plan (Application TM-17-0118) to Allow Outdoor Automobile Sales and Service in the Pearl District; Applicant Tom Maher; General Plan Designation Commercial; PC-D (Planned Community Downtown) Zoning Designation (Exempt from CEQA per Article 19, Section 15305) ACTION: Adopted a resolution recommending that the City Council amend the Downtown Specific Plan to allow outdoor automobile sales and service in the Pearl District. Staff Presentation/Commissioner Questions Elizabeth Caraker presented the Agenda Report and answered Commissioners’ questions. Kimberly Cole and Todd Bennett were also present and answered Commissioners’ questions. Applicant Tom Maher, applicant and property owner, said there is a 20 year lease with Stahl Motor Company for use of the property at 601 E. Franklin Street, pending approval of the proposed amendment to the Downtown Specific Plan. Public Comments Rob Dunigan, Stahl Motor Company general manager, said Stahl Motors has been in business since 1928 and intends to move from its current location on Del Monte Avenue to the site at 601 E. Franklin Street. Mr. Dunigan said Stahl Motors has a 20 year lease with plans to purchase the site and he anticipates the move will generate an increase in sales. Commissioner Comments Commissioner Widmar made a motion to adopt a resolution recommending that the City Council amend the Downtown Specific Plan to allow outdoor automobile sales and service in the Pearl District. Commissioner Davis seconded the motion. On a motion by Commissioner Widmar, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission adopted a resolution recommending that the City Council amend the Downtown Specific Plan to allow outdoor automobile sales and service in the Pearl District: 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 Chair Fletcher adjourned the afternoon session at 4:17 p.m. RECONVENE ***Evening Session Agenda*** 7:00 – 11:00 p.m. Chair Fletcher called to order the evening session at 7:00 p.m. Planning Commission Meeting Minutes Tuesday, March 14, 2017 2  Planning Commission Minutes Tuesday, March 14, 2017 CONTINUED PUBLIC COMMENTS 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 (Homeless) Shelter Overlay Zoning District to Permit Emergency (Homeless) Shelters Meeting Specific Operational and Management Requirements by Right; and Apply the Overlay Zone to Properties Designated for Commercial and/or Industrial Uses (Exempt from CEQA per Article 19, Section 15305 and 15061(b)(3)) ACTION: Received staff report; Took public testimony; Provided direction to Staff. 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 Tom Rowley, Fisherman’s Flats Homeowners and Residents Association, said the Monterey County Association of Realtors is interested in this matter because shelter placement will affect property values for business and property owners. Mr. Rowley also said he does not agree with the California Environmental Quality Act (CEQA) exemption and he raised concerns regarding performance standards. Henry Ruhnke, Wald, Ruhnke and Dost Architects, said a blanket zoning approach over the commercial and industrial areas is problematic and a better solution is needed. He also said the City should be very careful using the “common sense” CEQA exemption and that the proposed performance standards are too vague. Carol Pavlo, Villa del Monte neighborhood resident, urged adoption of the zoning overlay with the “and/or” language approved by City Council and said she supports a buffer zone between homeless shelters and residential or school areas. She also said an overlay on the C3 area poses great risks to vulnerable populations and violates all three tenants of the Villa del Monte Neighborhood Revitalization Plan. Sharon Christiansen, Monterey resident, said the overlay should allow for flexibility and that churches and fellowship halls should be considered for shelter sites. Regarding environmental impacts, she said special event venues and bars within the City create more negative impact than the homeless population.. Stan Cook, Villa del Monte neighborhood resident, said a Citywide approach is needed and that emergency shelters should be spread out in the industrial, commercial, and residential areas. Mr. Cook said Senate Bill 2 (SB2) allows cities to have say in the management of properties and the City should accomplish this with requirements regarding feeding, sanitation, and insurance. Jill Johnson, Villa del Monte neighborhood resident, said the zoning overlay should be spread out over a large area of the city to provide enough space and to spread shelters out equally throughout the City. Ms. Johnson said there is transitional housing in her neighborhood and Planning Commission Meeting Minutes Tuesday, March 14, 2017 3 Planning Commission Minutes Tuesday, March 14, 2017 that these types of shelters can be assimilated into the neighborhoods and be mutually beneficial. Doug Sunday, Monterey business and property owner, expressed concern regarding Monterey’s homeless population and its effect on the safety of his business, employees, and patients. Mr. Sunday said business owners bear the burden of the homeless population and the fairest solution is to include the whole City in a zoning overlay. Julie Ingle said the overlay area should be as large as possible. She also said she is not concerned regarding environmental impacts of the overlay since there is currently an environmental impact from homeless encampments. Ms. Ingle said she would like to see the City subsidize and partner with homeless advocacy groups. Mary Ann Leffel, Monte Vista neighborhood resident, said the peninsula’s homeless population is fluid and therefore the City should take a step back and examine the Fort Ord property and see how they can work with Seaside, Del Rey Oaks and Monterey County. Ms. Leffel also said neighborhoods depend on Transient Occupancy Tax so it is important to keep Monterey a place that tourists want to visit. Carol Trebagin, Monterey resident and business owner, said she is disappointed with the neighborhoods that want to place the overlay on only the business and industrial areas and that methodical planning is needed. Ms. Trebagin said she does not support a buffer zone between schools and shelters because single parents and children are part of the homeless population. Kathy Anderson, Monterey resident, questioned whether the Planning Commission and staff have engaged with non-profit organizations that provide housing for the homeless and she explained how service providers assist those who are homeless with finding housing. She also suggested that shelters be placed in residential areas of the City as opposed to commercial areas. Wanda Sue Parrott, reporter for Cedar Street Times, asked if the Planning Commission’s focus is to create an emergency zoning overlay or to discuss specific issues pertaining to homelessness. Chair Fletcher said the Planning Commission is considering which districts should be included in the overlay, but many issues regarding homelessness have come up during the process. Katherine Thoeni, Coalition of Homeless Services Providers, said the Coalition is comprised of homeless service providers representing all areas of homeless care and is willing to work with the City. She also said the Coalition supports the proposed overlay, but would encourage expansion of it. Ms. Thoeni said it is not feasible to consolidate all homeless programs to the Fort Ord area and suggested loosening regulations to utilize motel properties. Deanne Brady, Cannery Row Business Association president, requested a pause before an overlay is placed on commercial areas. She asked the Planning Commission to explore the possibility of using the Fort Ord property before moving forward. Judy Karas, Monterey resident, suggested that the City look at the model used by Salt Lake City to address homelessness. She also said the zoning overlay should be expanded to include mixed-use development areas. Jody Hansen, Monterey Peninsula Chamber of Commerce, said the Chamber of Commerce Planning Commission Meeting Minutes Tuesday, March 14, 2017 4 Planning Commission Minutes Tuesday, March 14, 2017 has not taken an official position but has heard from many members that that housing is a community need that must be addressed. She also said blanket zoning in industrial and commercial areas is not a solution and that businesses and residents must work together to create a solution. Esther Malkin, Monterey resident, said the land on Fort Ord should be used for affordable housing, not shelters, and that a regional solution is needed. She also said the Laguna Grande Del Monte Grove neighborhood has had a challenge getting the City of Seaside to the table regarding area clean up and that it would be helpful for Planning Commission and City staff to reach out to their counterparts in Seaside to motivate action. John Tilley, Monterey Commercial Property Owners Association president, said the commercial districts do a lot to support the City and an unfair burden is being placed on them. He said a regional approach and utilizing the Fort Ord property should be considered and he asked the Planning Commission to consider these options before moving forward. Gary Cursio, co-chair of Monterey County Hospitality Association, said the Hospitality Association is in favor of responsible sheltering and supporting the homeless, but the proposed overlay does not consider all the unintended consequences. Mr. Cursio said hospitality is important to the City and the County and suggested that the City consider having a large homeless facility at the former Fort Ord site. John Narigi, Monterey Plaza Hotel, asked the Planning Commission not to approve a zoning overlay in industrial and commercial areas and expressed concern over the difficulty of repealing the overlay once it is approved. He also said homelessness is Citywide so City- owned and residential properties should not be excluded from the overlay. Mr. Narigi suggested a regional approach and enlisting the help of homeless service providers. Mike Pekin, Monterey resident, said the City Council discussion of the matter on January 17, 2017 had a strong impetus of a general plan for the homeless, but such a plan does not exist. He also said the fact that there is such a large homeless population in Monterey, but not Carmel or Pacific Grove, also has not been discussed. Mr. Pekin said Mayor Roberson stated that there has not been, but will be, collaboration between residents and businesses and Mr. Pekin recommended initiating a blue ribbon committee focused on the issue of homelessness. Mike Brassfield, Monterey resident, said the issue of homelessness needs to be further studied because the City is spending money on the problem without a plan. Mr. Brassfield stressed the importance of the Planning Commission and City meeting with the professional service providers and said the City funds many agencies and should be able to get a report back from these agencies on how they can assist. Kelly Keen, advocate for elderly women who are homeless, said it would be beneficial for the Planning Commission and the public to visit the areas proposed for the overlay zoning to ensure that they are accessible, safe and adequate to meet the needs of the homeless. Ms. Keen suggested a community meeting of all stakeholders. Chair Fletcher called for a three minute recess at 8:32 p.m. Commissioner Comments Commissioner Latasa directed staff to delete the extra word “is” from the first sentence of section 38-99.1 in the proposed ordinance. Planning Commission Meeting Minutes Tuesday, March 14, 2017 5 Planning Commission Minutes Tuesday, March 14, 2017 In response to Chair Fletcher’s question, Ms. Caraker said adjacent jurisdictions have complied with the State mandate by selecting existing zones and adding emergency shelters as permitted uses. She also said the former Fort Ord land is a possibility, however, the Fort Ord Reuse Authority’s Base Reuse Plan calls for business and industrial uses. Ms. Caraker said water restrictions and transportation and services for the homeless would have to be taken into account in the Fort Ord area. In response to Commissioner Davis’ question, Ms. Caraker said the deadline for compliance with SB2 has passed, and until the overlay zone is implemented, shelters could be proposed in industrial, commercial or multi-family areas without having to adhere to performance standards. In response to Vice Chair Millich’s question, Ms. Caraker said per the City’s Charter, Visitor Accommodation Facilities areas could not be used for emergency shelter zoning. In response to Commissioner Dawson’s question, Ms. Caraker said shelters could be monitored through standards, the zoning ordinance, nuisance standards and other sections of the municipal code. Commissioner Reed added that monitoring for compliance would occur in the same manner as any other principally permitted use. Commissioner Reed said he appreciates all the comments made by the public. He acknowledged that homelessness is a regional issue, but said SB2 is a City issue that needs to be dealt with without delay to protect against monetary loss and legal action. Commissioner Reed said the overlay should be comprised of select areas that are near transportation and services that will have the most impact, as opposed to a blanket approach over the whole City. Commissioner Davis suggested that the Planning Commission make a recommendation that satisfies the SB2 requirements but also allows room for refinement and collaboration with neighborhoods, businesses and service providers at a future time. Vice Chair Millich and Commissioner Reed discussed the importance of creating an overlay that excludes certain portions of the City to preserve the character of Monterey and the Specific Plans areas. Commissioner Dawson said he is in support of calling in the professional service providers for assistance before making a decision. Commissioner Widmar said the job of the Planning Commission is to determine where facilities should be allowed to be built in compliance with SB2, not to determine how to best build or manage these facilities. He said the City should partner with homeless service providers to work out the details, but the job of the Planning Commission is to create a framework and recommendation to forward to the City Council. Commissioner Latasa said he does not see why the Planning Commission cannot come up with a description of a common sense overlay to forward to the City Council. In response to Commissioner Reed’s question, Ms. Davi said if additional areas of the City are to be included in the proposed overlay the item would need to be noticed again to include the proposed areas before a recommendation to City Council can be made. The Commission held a discussion on which zoning areas to include and exclude from the proposed emergency shelter overlay. By consensus, the Planning Commission decided that the following areas of the City should be included/excluded in the emergency shelter overlay zoning district: Planning Commission Meeting Minutes Tuesday, March 14, 2017 6  Planning Commission Minutes Tuesday, March 14, 2017  Exclude CR – Cannery Row district  C2, except Del Monte Center  C3 between Dela Vina Avenue and Highway 1  CO  I  PC-D, except Island of the Adobes District, Royal Presidio District, Recreation District, Heritage District, Alvarado Street and Calle Principal  PC-LH, except properties fronting on Lighthouse Avenue  PC-NF, except properties fronting on North Fremont Street  R3 At the request of the Commission, Ms. Davi said she will check with the City’s consultant as to density requirements and whether the bed limit can be restricted to less than 35 in the R3 district. In response to Chair Fletcher’s question, Ms. Davi said because additional areas have been proposed to be included in the overlay, additional public noticing is needed. She said staff has been given direction and no motion is needed. COMMISSIONERS COMMENTS Commissioner Latasa said he spoke about tandem parking in the R3 zone during the afternoon session, and has since spoken with Ms. Cole who suggested that the Planning Commission look at the issue further. Ms. Cole confirmed that the matter can be agendized for discussion at a future time. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Update received.  Ms. Cole announced that Dino Pick, Deputy City Manager of Plans and Public Works, has accepted a position as the Interim City Manager of Del Rey Oaks. ADJOURNMENT There being no further business, the meeting adjourned at 9:56 p.m. Respectfully Submitted, Approved, Elizabeth Caraker, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, March 14, 2017 7