Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, April 11, 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 Commissioners Absent: Widmar Staff Members Present: Acting Community Development Director Cole, Principal Planner Caraker, Senior Associate Planner Bennett, Housing and Property Manager Marvin, Administrative Analyst Miller, Police Lieutenant Hart, 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 Latasa seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission approved the Consent Items with amendments to the minutes: AYES: 6 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. March 14, 2017 ACTION: Approved as amended. Commissioner Dawson asked that the extra word “that” be removed from the first paragraph of page 5 of the minutes. ***End of Consent Agenda*** PUBLIC COMMENTS None.  Planning Commission Minutes Tuesday, April 11, 2017 PUBLIC HEARING 2. Recommend to the City Council to Adopt the 2017/2018 One-Year Action Plan for Community Development Block Grant Funds; Adopt the Analysis of Impediments to Fair Housing; Amend the Citizen Participation Plan; and Authorize Submittal to the U.S. Department of Housing and Urban Development (HUD); and; as Successor Housing Agency, Approve the 2017/2018 Successor Housing Agency Housing Program and Budget (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26) ACTION: Adopted resolutions recommending that the City Council approve the draft Fiscal Year 2017/2018 (Program Year 17) Action Plan (Action Plan) for Community Development Block Grant (CDBG) funds; Adopt the updated Analysis of Impediments to Fair Housing Choice (Analysis of Impediments); Amend the Citizen Participation Plan; Authorize submission to the U.S. Department of Housing and Urban Development (HUD); and Approve, as Successor Housing Agency, the 2017/2018 Successor Housing Agency housing program and budget with amendments to the Action Plan resolution as recommended by staff. Staff Presentation/Commissioner Questions Rick Marvin gave a video presentation detailing various City of Monterey housing assistance programs. Mr. Marvin also presented the Agenda Report and answered Commissioners’ questions. Mr. Marvin noted that staff is recommending an amendment to the final paragraph of the proposed resolution recommending City Council approval of the Draft Fiscal Year 2017/2018 Action Plan, shown in bold below: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF MONTEREY that it hereby recommends to the City Council approval and adoption of the Program Year 2017 Action Plan for Community Development Block Grant Funds; authorization of submittal of the Action Plan to the U.S. Department of Housing and Urban Development (HUD); and, as Successor Housing Agency, Approve the Fiscal Year 2017/2018 Successor Agency Housing Program and Budget substantially as presented and discussed at the April 11, 2017 Public Hearing and reflected in Exhibit A with ability to adjust budgets among the identified six (6) projects needed to respond to the final HUD appropriation to assure compliance with timeliness spending requirements. Public Comments Lynn Young, director of Josephine Kerns Memorial Pool, described the programming provided by the organization as well as the local non-profit organizations in the community that she partners with. Ms. Young said the funding received from the City of Monterey comprises 15% of the pool’s funding and is very important to the organization and the community members it serves. Mike Pekin, Monterey resident, expressed concern regarding the public noticing process for the Planning Commission hearing on the draft Action Plan. Mr. Pekin said because the draft Plan makes mention of addressing the emergency shelter and transitional housing needs of homeless persons, the same noticing process should have been used as was used for the Emergency Shelter Overlay Zoning item being heard by the Planning Commission at 7:00 p.m. Mr. Pekin recommended that the Planning Commission continue the item to the 7:00 p.m. Planning Commission Meeting Minutes Tuesday, April 11, 2017 2 Planning Commission Minutes Tuesday, April 11, 2017 session or move forward with the Action Plan without the portions referring to funding for homeless persons. Judy Karas said when the City revises its Citizen Participation Plan it should send out the information to community members in a manner that is straightforward and can be understood by the lay person. Ms. Karas also said the Action Plan should not give priority to projects that have adequate funding from other sources. Sophie Yakir, Interim Inc., thanked the City for their continued support of Interim’s homeless outreach program. She also commented on the importance of the leverage for funding from other sources that is provided when the City of Monterey provides funding to an organization. Ms. Yakir said that Interim is working on a second project, per the City’s recommendation, for security lighting and cameras in their permanent supportive housing units. Mike Brassfield, Monterey resident, said it is important to pay attention to regional issues, but as a City, there needs to be a focus on what is best for Monterey for certain things such as homelessness. Mr. Brassfield asked if a yearly progress report is required from the agencies the City provides financial support to and said the City needs a comprehensive study or plan to address homelessness. In response to Chair Fletcher’s question, Mr. Marvin explained the restrictions placed on funding through the CDBG program and said funding must be spent within the program year so it is necessary to identify projects that are far enough along to fund, and many times these projects have other funding sources too. In response to Commissioner Reed’s question, Mr. Marvin said if CDBG funds became available for a homeless shelter, a substantial amendment to the Action Plan would be required and that newspaper noticing would occur 30 days in advance and interested parties would be notified by email. In response to public comment received, Mr. Marvin said there is an activity in the Action Plan to fund a homeless strategy that would study the issue and recommend how the City might best interact on a regional basis as well as actions to take on a local level to address the homeless issue. Mr. Marvin also said quarterly reports are provided to the City by community service organizations receiving City funding. Eric Johnson, Community Homeless Solutions Board, expressed concern about temporary shelters not always leading to the rehabilitation of those who are sheltered and spoke about the benefits of transitional housing. He also said there are great services being provided to the homeless, however, the number of homeless is increasing instead of decreasing. Mr. Johnson said ultra low-cost housing is needed to make a dent in homelessness. Commissioner Comments Commissioner Dawson said pages 28 and 30 of the draft Action Plan contain a typo of the word “tenant,” which should read “tenet.” He also said there is a reference to historic preservation on page 36 of the Plan. Commissioner Dawson said he would like to see referenced the number of those who are homeless who are willing to be housed in a shelter. In response to Vice Chair Millich’s question, Mr. Marvin said the numbers generated from the homeless census are based on the number of people not housed at the time of the census and that there is not a clear distinction between the homeless population and the traveling population. Vice Chair Millich said this distinction is needed in order to intelligently provide shelter facilities. Planning Commission Meeting Minutes Tuesday, April 11, 2017 3  Planning Commission Minutes Tuesday, April 11, 2017 Commissioner Latasa complimented Mr. Marvin and staff for creating such a complex and detailed document. Commissioner Latasa noted that Figure 4 is referenced on page 22 of the Analysis of Impediments but is missing. Commissioner Reed complimented staff on the report and made a motion to adopt resolutions recommending that the City Council approve the draft Fiscal Year 2017/2018 (Program Year 17) Action Plan (Action Plan) for Community Development Block Grant (CDBG) funds; Adopt the updated Analysis of Impediments to Fair Housing Choice (Analysis of Impediments); Amend the Citizen Participation Plan; Authorize submission to the U.S. Department of Housing and Urban Development (HUD); and Approve, as Successor Housing Agency, the 2017/2018 Successor Housing Agency housing program and budget with amendments to the Action Plan resolution as recommended by staff. Vice Chair Millich seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission adopt resolutions recommending that the City Council approve the draft Fiscal Year 2017/2018 (Program Year 17) Action Plan (Action Plan) for Community Development Block Grant (CDBG) funds; Adopt the updated Analysis of Impediments to Fair Housing Choice (Analysis of Impediments); Amend the Citizen Participation Plan; Authorize submission to the U.S. Department of Housing and Urban Development (HUD); and Approve, as Successor Housing Agency, the 2017/2018 Successor Housing Agency housing program and budget with amendments to the Action Plan resolution as recommended by staff: AYES: 6 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Approve 611 Lighthouse Avenue; Use Permit UP-17-0210 to Allow for Amplified Music/Sound Within an Existing Major Restaurant Establishment; Applicant Christine Kerr; Owner Anna Vermi; PC-LH (Planned Community - Lighthouse Avenue) Zoning Designation; (Exempt from CEQA Requirements per Article 19, Section 15301, Class 1) ACTION: Adopted a resolution approving Use Permit UP-17-0210 to allow for amplified music/sound within an existing Major Restaurant establishment. Staff Presentation/Commissioner Questions Todd Bennett presented the Agenda Report and answered Commissioners’ questions. Applicant Christine Kerr, applicant and business owner, presented the Commission with letters of support for the application from surrounding neighbors and residents. Ms. Kerr said the owner of the neighboring business, Paper Wing Theatre, is a friend and is in support of the application. Public Comments Aaron Waters, Rayne Technology Solutions and New Monterey Business Association board member, spoke in support of the application and said it will add culture and entertainment to Lighthouse Avenue, which will continue to attract tourists and residents. Melinda Collis, The Cat’s Meow, said she is a neighbor of the Bulldog British Pub and also a Planning Commission Meeting Minutes Tuesday, April 11, 2017 4  Planning Commission Minutes Tuesday, April 11, 2017 New Monterey Business Association board member and she supports the proposed application. Ms. Collis said art, music and culture are important to the Lighthouse District and she hopes the Planning Commission agrees. Commissioner Comments Commissioner Latasa said he appreciates the letters of support presented by the applicant and he made a motion to adopt a resolution approving Use Permit UP-17-0210 to allow for amplified music/sound within an existing Major Restaurant establishment. Commissioner Reed seconded the motion. On a motion by Commissioner Latasa, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission adopted a resolution approving Use Permit UP-17- 0210 to allow for amplified music/sound within an existing Major Restaurant establishment: AYES: 6 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Chair Fletcher adjourned the afternoon session at 5:37 p.m. RECONVENE ***Evening Session Agenda*** 7:00 – 11:00 p.m. Chair Fletcher called to order the evening session at 7:02 p.m. CONTINUED PUBLIC COMMENTS Mike Pekin, Monterey resident, expressed concern about the noticing procedures for items #2 and #4 of the agenda. Chair Fletcher advised Mr. Pekin that these items cannot be discussed at this time and clarified that public comments must be regarding matters within the Planning Commission’s jurisdiction that are not on today’s agenda. PUBLIC HEARING 4. 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 Shelters Meeting Specific Operational and Management Requirements by Right; and Apply the Overlay Zone to Properties Zoned: Industrial, Multi-Family Residential (R-3), Community Commercial (C-2) except for the Del Monte Center, General Commercial (C-3) between Dela Vina and Highway One, Planned Community Lighthouse (PC-L) except for parcels fronting Lighthouse Avenue, Planned Community-North Fremont (PC-NF) except for parcels fronting North Fremont, Planned Community-Downtown (PC-D) except for properties fronting Alvarado and Calle Principal and properties within the Royal Presidio, Heritage, Island of the Adobes, and Recreation character areas; (Exempt from CEQA per Article 19, Section 15305 and 15061(b)(3)) ACTION: Continued to April 25, 2017. Planning Commission Meeting Minutes Tuesday, April 11, 2017 5 Planning Commission Minutes Tuesday, April 11, 2017 Staff Presentation/Commissioner Questions Elizabeth Caraker presented the Agenda Report and answered Commissioners’ questions. Ms. Caraker recommended that the Commission either consider continuing the item to April 25, 2017 due to a noticing error in the R3 area or making a recommendation that includes the commercial and industrial areas as directed at the last Planning Commission meeting without the R3 zone. Public Comments Mike Pekin, Monterey resident, said he attended the afternoon session of the Planning Commission and is concerned that different noticing lists are used for the CDBG Action Plan item and the Emergency Shelter Overlay Zoning item. Mr. Pekin said this is a denial of due process to property owners within 300 feet of the proposed overlay because they are not being notified that CDBG funds may be used for homeless shelters. Tim Meehan, Monterey resident, said Del Monte Center would be a great place for a homeless shelter and he requested that that this idea be re-examined. Deanne Brady, Cannery Row Business Association, strongly urged the Planning Commission to exempt the entire Cannery Row district from the proposed overlay. Ms. Brady expressed concern with tourists viewing Monterey’s homelessness problem similarly to that of San Francisco and said the business association supports utilization of the former Fort Ord property. Stan Cook, Villa del Monte neighborhood resident, said R3 zoning should not be included in the overlay because R3 areas are affordable areas for young families and the overlay has the potential of destroying the quality of the neighborhood. Mr. Cook suggested that the overlay be placed on industrial and commercial properties and the former Fort Ord. Tom Rowley, Fishermans Flats Homeowner and Neighborhood Association president, said there was no further discussion of the California Environmental Quality Act (CEQA) waiver in the latest Agenda Report and that the issue should be examined further because homeless shelters will cause parking, traffic, and pedestrian impacts. Kala Fossum, Villa del Monte Neighborhood Association president, said she understands the concerns of the Cannery Row Business Association, but that panhandlers will target tourist areas regardless. Ms. Fossum encouraged the Planning Commission to add the overlay zoning to additional areas of the City and not just R3 areas. Henry Ruhnke, Monterey business and property owner, said the overlay zone may be appropriate in certain R3 zones and not others, and that if industrial areas are included the City should be more proactive with enforcement of the RVs parked on Garden Road. Mr. Ruhnke said City-owned Ryan Ranch, the Monterey Peninsula School District property off of Highway 68 and other pockets of land around the City should also be considered. Kelly Keen, Gathering for Women, said there are about 35 elderly women in the community in need of sheltering. Ms. Keen asked if there is any way to create a shelter just for elderly women. Chair Fletcher directed Ms. Keen to Elizabeth Caraker in the Planning Office for more information. John McCullen, Monterey resident, said there are areas other than the R3 zones that should be considered for the proposed overlay. Mr. McCullen said the R3 zones should be excluded due to the potential for negative impact on families living in these areas. Planning Commission Meeting Minutes Tuesday, April 11, 2017 6 Planning Commission Minutes Tuesday, April 11, 2017 Carol Trebagin said she supports the Planning Commission’s recommendation to include R3, commercial and industrial areas in the proposed overlay, with some areas, such as Foam Street and Wave Street, excluded. Ms. Trebagin said the Transient Occupancy Tax (TOT) funds Neighborhood Improvement Program projects for the City of Monterey and that she does not want to see a decrease in TOT funds because people are afraid to stay in Monterey. Dwayne Peterson, Villa del Monte neighborhood resident, said one of the criteria for establishing the overlay is the proximity of shelters to resources and that Monterey-Salinas Transit (MST) routes are adjustable and can be changed as need dictates. Gary Cursio, Monterey County Hospitality Association (MCHA) co-chair of government affairs, said MCHA is pleased with the proposed overlay because it creates an equitable partnership between business owners and residents. Mr. Cursio said he would like to see City-owned properties, the Monterey Peninsula School District property off of Highway 68 and the fairgrounds considered for the overlay. Bob Massaro, Monterey resident, said the size of the proposed overlay was based on the 2013 homeless census and that the 2015 census should be used instead because this census showed 205 fewer homeless people. Mr. Massaro said this reduces the amount of acreage needed for the overlay. John Narigi, Monterey Plaza Hotel, said he supports the overlay being spread throughout the industrial, residential and commercial areas and asked why City-owned property is not included in the overlay. Mr. Narigi said he appreciates Cannery Row being excluded from the proposed overlay and that all commercial properties in the Cannery Row area should be excluded. Elaine Macdonald, Monte Vista neighborhood resident, spoke of her experience living near a church that provided overnight services to the homeless. Ms. Macdonald said she is opposed applying the overlay to the R3 areas and that she did not receive any notice on the CDBG item and only one postcard regarding the emergency shelter overlay zoning. Judy Karas said she hopes there will be regulations and conditions placed on the operation of shelters. Ms. Karas said North Fremont Street should be included in the proposed overlay zone since there are hotels on the street that could possibly provide space for shelters in the future. Monica Hoffman, Villa del Monte Neighborhood Association vice president, said she is concerned with the proximity of the proposed overlay to schools and parks, including Ferrante Park. Ms. Hoffman requested consideration of a restriction of the overlay in these types of areas. Nelson Vega said the R3 zoning area contains starter homes for young families and single- parents and that the Planning Commission should be cautious about placing the overlay in this area. Mr. Vega said the goal of the City should be to help the homeless get back on their feet and become productive. Nancy Soule, Old Town Neighborhood resident, said she is concerned with the R3 areas being included in the proposed overlay and with preserving the nature of Old Town Monterey. Ms. Soule suggested shared housing and also said shelters should be placed in industrial and commercial areas. Planning Commission Meeting Minutes Tuesday, April 11, 2017 7 Planning Commission Minutes Tuesday, April 11, 2017 Mike Brassfield said the Planning Commission should take into consideration the difficulty of shutting down a shelter once it is in place. Mr. Brassfield said there may be problems and increased service calls during the daytime when shelters are closed and their occupants are walking around in the neighborhoods. Commissioner Comments In response to Commissioner Dawson’s question, Elizabeth clarified that placement of the overlay can be discussed, however, if the Commission votes on the overlay the R3 zone cannot be included. In response to Chair Fletcher’s question regarding CEQA, Ms. Caraker said an emergency shelter use is viewed as consistent with industrial, commercial, and multi-family uses. In response to Vice Chair Millich’s question, Ms. Caraker confirmed that the City Attorney and an outside consultant were both satisfied with the CEQA exemption. In response to Commissioner Davis’ question, Mr. Marvin said if a homeless shelter was proposed for funding with CDBG funds, the Action Plan would need to be amended through a public hearing process. In response to Commissioner Latasa’s question, Ms. Caraker said the City-owned former Fort Ord property is zoned industrial and would be included in the proposed overlay and the City’s land at Ryan Ranch is zoned Planned Community. In response to Chair Fletcher’s question, Ms. Caraker said City-owned properties falling within the proposed overlay are not excluded. In response to Chair Fletcher’s question regarding the 2015 homeless census, Ms. Caraker said the City is required to use the 2013 homeless census numbers reflected in the Housing Element. She said the Housing Element can be amended, which would lead to a decrease in required acreage, however this may not be the direction the Planning Commission wants to go. In response to Commissioner Reed’s question, Ms. Caraker said if funding was provided for a housing project as a public-private partnership the City would likely have a say in restrictions on the project. Commissioner Reed said R3 areas should be included in the proposed overlay to make the overlay equitable. He also said the City Council has the ultimate decision on the matter and including R3 will give them the broadest possible option. Commissioner Reed said Wave Street and Foam Street should be excluded from the proposed overlay. Vice Chair Millich concurred. The Planning Commission discussed the R3 zone and Chair Fletcher polled the Commissioners and determined there was enough support among the Commissioners to study the emergency shelters in the R3 district and that the item should be continued. Chair Fletcher requested that City Attorney Christine Davi be present for the next Planning Commission meeting. Vice Chair Millich made a motion to continue the item to April 25, 2017. Commissioner Reed seconded the motion. On a motion by Commissioner Millich, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission continued the item to April 25, 2017: Planning Commission Meeting Minutes Tuesday, April 11, 2017 8  Planning Commission Minutes Tuesday, April 11, 2017 AYES: 6 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Fletcher called for three minute recess at 8:23 p.m. COMMISSIONERS COMMENTS None. INFORMATIONAL REPORTS & STAFF COMMENTS 5. Planning Office Update  Update received.  Ms. Caraker said at their meeting on April 25, 2017 the City Council will consider releasing a new RFP to allocate a small amount of water and the CDBG Substantial Amendment. ADJOURNMENT There being no further business, the meeting adjourned at 8:28 p.m. Respectfully Submitted, Approved, Elizabeth Caraker, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, April 11, 2017 9