Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, April 25, 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, Widmar, Reed (evening session only) Commissioners Absent: None Staff Members Present: Acting Community Development Director Cole, 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 Dawson made a motion to approve the Consent Items. Vice Chair Millich seconded the motion. Commissioner Widmar abstained from voting due to his absence from the April 11, 2017 meeting. On a motion by Commissioner Dawson, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 5 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 1 COMMISSIONERS: Widmar RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. April 11, 2017 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. Approve 886 Cannery Row; Use Permit Amendment PA-17-0254 to Repeal Past Use Permits Conditions that Have Been Met and Consolidate Conditions that Continue to Apply; Applicant and Owner Monterey Bay Aquarium; CR Zoning District; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1) ACTION: Continued to May 23, 2017. Kimberly Cole said the applicant has requested that the item be continued to May 23, 2017.  Planning Commission Minutes Tuesday, April 25, 2017 Commissioner Widmar made a motion to continue the item to May 23, 2017. Commissioner Dawson seconded the motion. On a motion by Commissioner Widmar, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission continued the item to May 23, 2017: AYES: 6 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Approve 502 Munras Avenue; Use Permit UP-17-0172 to Allow for Amplified Music/Sound and Major (Large Group) Assembly Associated with an Event Center; Applicant Mr. Lin Miller for The Barns at Cooper Molera; Owner The National Trust for Historic Preservation; PC-D (Planned Community - Downtown); Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 ACTION: Adopted a resolution approving Use Permit UP-17-0172 to allow for amplified music/sound and major (large group) assembly associated with an event center. Staff Presentation/Commissioner Questions Todd Bennett presented the Agenda Report and answered Commissioners’ questions. Applicant Lin Miller of Foothill Partners, applicant, introduced Jim Cox of Events by Classic and Kirk Probasco on behalf of the Spear restaurant. Mr. Miller responded to a question from the Commission regarding amplified music with regards to the historic structures, and said the Spear Warehouse and Corner Store underwent structural updates when they were renovated. He also said the Barns will undergo a major structural update and are being designed for assembly uses. Public Comments Mr. Cox, Events by Classic, detailed how amplified sound is managed and monitored at the Perry House. In response to Chair Fletcher’s question regarding the proposed speakers, Mr. Cox said he will be working Stream Life to ensure the speakers fit with the location. In response to Commissioner Davis’ question, Mr. Cox said the outdoor music space will be used for acoustic music or community events, and events with a DJ and dancing will be held inside the Barns. Kirk Probasco, Foothill Partners, on behalf of Spear Restaurant, gave details of the proposed restaurant. Mr. Probasco said that the only thing the outdoor speakers will be used for is ambient background music. Commissioner Comments Commissioner Dawson said having plan in place for valet parking with shuttle service for large events would add value to the operation. Commissioner Widmar said he fully supports the application and made a motion to adopt a resolution approving Use Permit UP-17-0172 to allow for amplified music/sound and major (large group) assembly associated with an event center. Commissioner Latasa seconded the Planning Commission Meeting Minutes Tuesday, April 25, 2017 2  Planning Commission Minutes Tuesday, April 25, 2017 motion. On a motion by Commissioner Widmar, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission adopted a resolution approving Use Permit UP-17- 0172 to allow for amplified music/sound and major (large group) assembly associated with an event center: AYES: 6 COMMISSIONERS: Latasa, Fletcher, Davis, Widmar, Dawson, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Chair Fletcher adjourned the afternoon session at 4:25 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. CONTINUED PUBLIC COMMENTS Mike Pekin expressed concern regarding the City’s noticing procedure with regards to Community Development Block Grant (CDBG) funding. He said the public did not receive adequate notice that the City is seeking CDBG funding to facilitate construction of emergency homeless shelters. Mike Brassfield said any recommendation made by the Planning Commission on emergency shelter overlay zoning should take into account the issue of CDBG funding. He expressed concern with the proposed zoning overlay leading to an area like Chinatown in Salinas with a high population of people who are homeless. A woman who did not identify herself said she would like more information on the City’s plan to address homelessness before location of shelters is discussed. 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: Adopted resolutions recommending that the City Council amend Monterey Planning Commission Meeting Minutes Tuesday, April 25, 2017 3 Planning Commission Minutes Tuesday, April 25, 2017 City Code (MCC) Section 38-11 to add a definition for emergency (homeless) shelters; 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 certain properties zoned: Commercial Office (CO), except for properties located on El Dorado between Major Sherman Lane and Mesa Road, Industrial (IR), Community Commercial (C-2) except for the Del Monte Center and properties Fronting Wave and Foam Streets, 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. Staff Presentation/Commissioner Questions Ms. Cole presented the Agenda Report and answered Commissioners’ questions. Christine Davi was also present and answered Commissioners’ questions. Public Comments John Hetz, New Monterey resident, said he supports staff’s recommendation and is strongly opposed to including the R3 area in the proposed overlay. Mr. Hetz said he is concerned with safety, decreased civic pride and lowered property values. Nancy Soule, Old Town resident, said no residential areas or private commercial properties should be included in the proposed overlay. Ms. Soule said City-owned property at Ryan Ranch is large enough to accommodate several shelters and she submitted a letter for the record. Lee Whitney, Glenwood resident, said her neighborhood is small and densely populated. She expressed concern with fires, garbage and motor homes currently in the neighborhood and asked the Commission not to include the Glenwood Circle neighborhood in the overlay recommendation. Lesley Konya, New Monterey resident, said adding the overlay to the R3 zone puts the safety of residents and children at risk and does not serve the area’s homeowners or the homeless. Ms. Konya said there are not enough services in the New Monterey area to meet the need of the homeless population. Tom Reeves said he supports staff’s recommendation and that because a portion of the homeless population is predisposed to crime, substance abuse, and violent tendencies he has great reservations about placing this population in residential neighborhoods. Mr. Reeves said specific standards about treatment programs and on-site management should be drafted if any residential neighborhoods are included in the overlay. Jody Hansen, president and CEO of Monterey Peninsula Chamber of Commerce, submitted a letter on behalf of the Chamber of Commerce. She said the Chamber of Commerce generally supports staff’s recommendation but has concerns regarding use of Ryan Ranch properties, not including any R3 zones, and the CEQA exemption. She also said Wave and Foam Streets should be excluded from the overlay and that the latest homeless census numbers should be used. Planning Commission Meeting Minutes Tuesday, April 25, 2017 4 Planning Commission Minutes Tuesday, April 25, 2017 Chris Parsons, Villa del Monte resident, said she supports staff’s recommendation and that if R3 neighborhoods are included in the proposed overlay, buffers should be created adjacent to places where children gather. She strongly urged the City Council to work with the neighborhood associations and homeless service providers to get homeless shelters developed and running. Anne Marie Brady, resident, said a clear understanding of issues causing homelessness and a plan to address homelessness are needed. She said creation of shelters without support systems will only create more issues in the community. Mahin Golpanah, Old Town resident, said if a homeless shelter is built it will attract more people who are homeless, including the transient population from other surrounding cities. Ms. Golpanah said building a shelter is not sufficient and that vocational centers and transitional housing should be taken into consideration as well. Bart Rall, Bethlehem Lutheran Church pastor, said he is familiar with the homeless population from his work with the church and that allowing all homeless people to be located in a residential area could create safety issues for families and children. Mr. Rall urged the Commission not to include the R3 zone in their overlay and questioned why R1 and R2 zones were not also proposed. Angela Escobar, Villa del Monte resident, said she has lived in the neighborhood since 1958 and has seen it continue to deteriorate each day. Ms. Escobar said the neighborhood would greatly appreciate being removed from the overlay to prevent additional deterioration. Stan Cook, Villa del Monte resident, said the R3 area should be removed from the proposed overlay zoning and that buffers should be added. He also said it was not the direction of the Council to include the R3 area. Mr. Cook questioned whether the proposed overlay is safe, equitable, consistent with City policy and legally defensible. John Barry, resident, said he would prefer to see an increase in taxes or a bond measure to fund vocational training and transitional housing, rather than shelters being placed in residential neighborhoods. He said creating housing in commercial districts is the new development model being used and that he supports staff’s recommendation. April Harrison, Old Town resident, said she supports staff’s recommendation to exclude R3 neighborhoods because the housing supply is already impacted in the neighborhood, there are already supportive housing services in the area, and including the R3 area may impact residents’ safety. Deanne Brady, Cannery Row Business Association president, urged the Commission to exempt the entire Cannery Row district from the overlay. She said the district and the City cannot afford having visitors too fearful to spend money and stay in the area. Corey Brunson, Old Town resident, said commercial and residential neighborhoods should be included in the proposed overlay and that it should be left as large as possible to accommodate the diverse homeless population. Bill Solitario said the proposed overlay should exclude the R3 zoning area or include the whole City. He also questioned why the City was proposing an overlay larger than the minimum requirement of 15 acres. Planning Commission Meeting Minutes Tuesday, April 25, 2017 5 Planning Commission Minutes Tuesday, April 25, 2017 Carol Hewitt, Old Town resident, said she supports staff’s recommendation and that the proposed overlay is not compatible with the R3 zone. Ms. Hewitt also said accessory dwelling units were recently approved for R3 areas and the long term, cumulative effects of this are not yet known. Ms. Hewitt expressed concern regarding parking impacts and management of shelters. Kala Fossum, Villa del Monte Neighborhood president, said if R3 is included in the proposed overlay it should be all R3 areas and not just the Villa del Monte Neighborhood. She said the Planning Commission and City Council made a commitment to the Villa del Monte Neighborhood not to place the overlay on their neighborhood only. Ms. Fossum also said she supports keeping properties fronting on North Fremont Street excluded from the overlay since there is a revitalization plan for the area. Tom Rowley, Fisherman’s Flats Homeowners Association president, said he disagrees with the CEQA exemption because emergency shelters will cause impacts. He also said a new survey with the most accurate homeless population count is needed and that the City-owned Ryan Ranch property should be considered. Mr. Rowley said the total amount of acreage proposed in the staff report was unclear and that legal findings need to be adopted. Robert Brunson, Old Town Neighborhood resident, asked to what extent the City can still apply historic preservation standards to historic buildings that are used for emergency homeless shelters under SB2. Frank Donangelo, Forsome Development Company and Cannery Row Company, said the area between the recreation trail and Foam and Wave Streets should be excluded from the overlay in addition to the Cannery Row area. Mr. Donangelo said Monterey and the surrounding cities could work together to develop a shelter for everyone in the Ryan Ranch area. Mike Pekin said there is an overwhelming homeless population in Monterey compared to Carmel and Pacific Grove and asked why Monterey is accepting this cumulative effect of homelessness. Mr. Pekin said a plan addressing homelessness is needed for the entire City, or else the homeless population will rise. Sue Grill said she resides near the Del Monte Shopping Center and is concerned with increasing problems due to the homeless population in that area. Ms. Grill said the R3 zone should not be included in the proposed overlay and that there should be buffers near the R1 zones. She also said she supports use of the Ryan Ranch for emergency shelters. Gary Soule, Old Town Neighborhood Association president, said it is cheaper to provide onsite management and food service to large shelters in a cluster rather than many shelters around the City and the Ryan Ranch property would be suitable for this. Mr. Soule asked if notification of the proposed overlay was provided to universities and renters in the Old Town area. Manny Alarcon, New Monterey resident, said having placing in the industrial areas would be more manageable and secure than residential areas. Mr. Alarcon suggested that staff speak with emergency responders to see what areas are currently experiencing problems and whether there is appropriate coverage. Gabriela Perez, Laguna Grande resident, said there is a heavy impact in the area from the homeless population, without enough policing to combat issues, and that adding a homeless Planning Commission Meeting Minutes Tuesday, April 25, 2017 6 Planning Commission Minutes Tuesday, April 25, 2017 shelter in the vicinity would negatively affect the situation. She also said a non-residential area, such as Ryan Ranch or Fort Ord, would cause less hardship for neighbors. Christina Ornales, resident, said a long term solution to the homelessness problem is needed instead of a short term intervention. Ms. Ornales said the proposed overlay should not be placed in residential areas and should instead be over Ryan Ranch or Fort Ord where the multi-faceted needs of the homeless population can be addressed. Luis Osorio said homelessness is not unique to Monterey and that the State is imposing mandates on jurisdictions because jurisdictions are not doing enough to deal with the problems. Mr. Osorio said Monterey cannot single-handedly solve the homeless problem, but can take the lead in a regional approach. Chair Fletcher asked Ms. Cole to address questions raised during Public Comment. Ms. Cole said the 125 acres of City-owned Ryan Ranch and Fort Ord property is included in the proposed overlay because it is zoned industrial, but the City Corporation yard is not included because it is not industrially zoned. Regarding findings for approval, Ms. Cole said the proposed ordinance contains an explanation behind the reasoning of the ordinance, but that the City Attorney could work more with the language if necessary. In regards to historic preservation, Ms. Cole said historic standards would continue to apply to changes made to exteriors of buildings that are designated historic. Regarding eminent domain, Ms. Cole said she has no knowledge of any property proposed for a shelter at this time and that the City Charter prevents the City from using eminent domain. Ms. Cole explained how the 15 acre minimum area needed was determined and said when a new homelessness census is published the City’s Housing Element can be amended to reflect the updated numbers. Regarding questions about CEQA, Ms. Cole said the CEQA exemption has been independently reviewed by an outside CEQA attorney. Chair Fletcher said he and Commissioners Davis and Dawson will be recusing themselves from the deliberation and vote on the Commercial Office (CO) area due to conflict of interest. Commissioner Comments Vice Chair Millich said he suggested consideration of including the R3 area in the overlay due to concerns about having enough usable space for shelters and the lawsuit brought against the City of San Clemente. He said, however, after Ms. Cole’s presentation he is no longer concerned with space and would not support including R3 areas due to safety reasons. Commissioner Dawson said he supports staff’s recommendation to remove the R3 areas. Ms. Davi requested that the Commission hold their deliberation on the CO area before other discussion is had. She explained the recusal and voting process. Chair Fletcher and Commissioners Davis and Dawson exited the chambers at 8:52 p.m. due to a conflict of interest. Commissioner Reed said including the dental offices surrounded by R1 zoned properties in the Alta Mesa Neighborhood is not appropriate. Commissioners Latasa and Widmar concurred with Commissioner Reed. Commissioner Reed made a motion to recommend that the City Council include properties zoned Commercial Office (CO), except for properties located on El Dorado between Major Sherman Lane and Mesa Road, in the emergency (homeless) shelter overlay zoning district. Commissioner Latasa seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Latasa, and carried by the Planning Commission Meeting Minutes Tuesday, April 25, 2017 7 Planning Commission Minutes Tuesday, April 25, 2017 following vote, the Planning Commission moved to recommend that the City Council include properties zoned Commercial Office (CO), except for properties located on El Dorado between Major Sherman Lane and Mesa Road, in the emergency (homeless) shelter overlay zoning district: AYES: 4 COMMISSIONERS: Millich, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 3 COMMISSIONERS: Fletcher, Davis, Dawson Chair Fletcher and Commissioners Davis and Dawson returned to the dais at 8:58 p.m. Commissioner Latasa said he is no longer in favor of including R3 zoned properties in the proposed overlay. He said the only outstanding issue is whether or not to include properties fronting Wave and Foam Streets. Commissioner Latasa said he is in support of removing those areas from the proposed overlay. Commissioner Reed concurred. Chair Fletcher said there is a consensus among to Commission to exclude properties fronting Wave and Foam Streets. Commissioner Reed said he will support removing R3 from the proposed overlay based on what he has heard from other Commissioners and members of the public. Commissioner Widmar and Commissioner Millich both said they are in support of removing R3 from the proposed overlay. Commissioner Davis said the City cannot afford to lose residential units by including the R3 area in the proposed overlay. Commissioner Widmar said he likes the idea of adding buffers to certain areas of the overlay. Commissioner Davis said buffers from places like schools and daycare centers was previously discussed, but that a formula to create these buffers may be difficult to create. In response to questions raised by the Commission, Ms. Cole and Ms. Davi confirmed that buffers would need to be called out on the map for the proposed overlay zoning. Commissioner Widmar said creating buffers would be exponentially more difficult. Commissioner Reed made a motion to adopt a resolution recommending that the City Council amend Monterey City Code (MCC) Section 38-11 to add a definition for emergency (homeless) shelters; 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 certain properties zoned: Industrial (IR), Community Commercial (C-2) except for the Del Monte Center and properties Fronting Wave and Foam Streets, 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. Commissioner Dawson seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission adopted a resolution recommending that the City Council amend Monterey City Code (MCC) Section 38-11 to add a definition for emergency (homeless) shelters; add Article 16B to create a new emergency (homeless) shelter overlay zoning district to permit emergency shelters meeting specific operational and management Planning Commission Meeting Minutes Tuesday, April 25, 2017 8  Planning Commission Minutes Tuesday, April 25, 2017 requirements by right; and apply the overlay zone to certain properties zoned: Industrial (IR), Community Commercial (C-2) except for the Del Monte Center and properties Fronting Wave and Foam Streets, 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: AYES: 7 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Reed, Widmar, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS None. INFORMATIONAL REPORTS & STAFF COMMENTS 5. Planning Office Update  Update received.  Ms. Cole said the May 9, 2017 Planning Commission meeting will likely be canceled.  Vice Chair Millich thanked Ms. Cole for her excellent presentation on the topic of Emergency Shelter Overlay Zoning. ADJOURNMENT There being no further business, the meeting adjourned at 9:13 p.m. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, April 25, 2017 9