Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, March 13, 2018 4:00 PM AFTERNOON SESSION ONLY FEW MEMORIAL HALL OF RECORDS COUNCIL CHAMBERS 580 PACIFIC STREET MONTEREY, CALIFORNIA Commissioners Present: Millich, Dawson, Brassfield, Fletcher, Latasa, Reed Commissioners Absent: Ezekiel Staff Members Present: Community Development Director Cole, Housing and Community Development Manager Caraker, Building Official Kuehl, Recording Secretary Leinen CALL TO ORDER Chair Millich called the meeting to order at 4:01 p.m. CONSENT ITEMS Approval of Minutes 1. February 27, 2018 ACTION: Removed from Consent; Discussed; Continued to April 10, 2018. Commissioner Brassfield requested that the minutes be removed from the Consent Agenda for discussion. He noted that the recording of the meeting on the City’s website began 10 minutes into the meeting. Commissioner Brassfield requested that item #3 on the minutes be amended to reflect concerns he raised regarding inconsistency between the materials given to the Planning Commission for two recent coastal-related projects on Cannery Row. Public Comments Tom Rowley complimented the Planning Commission on the work they have done reviewing many complicated projects lately. In response to a question by Laurie Hambaro, Elizabeth Caraker clarified which projects were discussed at the February 27, 2018 meeting. Commissioner Comments Commissioner Dawson made a motion to approve minutes as amended. Commissioner Reed said the Commission should review the amended minutes prior to approval. Commissioner Dawson withdrew his motion. Commissioner Reed made a motion to continue the minutes to April 10, 2018. Commissioner Latasa seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission continued the minutes to April 10, 2018: AYES: 6 COMMISSIONERS: Millich, Dawson, Brassfield, Fletcher, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Ezekiel ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None  Planning Commission Minutes Tuesday, March 13, 2018 ***End of Consent Agenda*** PUBLIC COMMENTS Mr. Rowley said the City’s adopted mixed-use policy is not working in the way it was intended and suggested the City do an evaluation. Susan Nine expressed concern regarding the 13 proposed ExteNet personal wireless service (PWS) facilities and the City conceding to a gap in cellular coverage. She said approving any of the proposed PWS facilities would have legal implications and that there are many letters from the neighborhood stating that there is no coverage gap. Mike Pekin asked for 10 minutes of speaking time for the Monterey Vista Neighborhood Association (MVNA) at the beginning of the special meeting regarding the proposed PWS facilities. Mr. Pekin submitted a copy of a draft PWS facility resolution recommending approval and said it will be easy for cellular companies to designate alternate sites in the future if a coverage gap is agreed to by the City. Nina Beety expressed concern about the proposed PWS facility at 277 Mar Vista Drive and 7 Cuesta Vista Drive and the pruning and removal of trees on her property that would need to take place for installation of equipment. She also said the proposed antenna is within a 12 foot radius of her property, would be a new obstruction under ADA laws, and would incommode her. Ms. Beety also expressed concern regarding the City’s use of Telecom Law Firm, the environmental exemption for the projects, FCC limits, and the lack of a coverage gap. PUBLIC HEARING 2. Recommend that the City Council Repeal and Replace Monterey City Code Chapter 38, Article 29, Section 38-223 to Modify the Residential Property Inspection Program to a Residential Property Report Program (Exempt from CEQA Article 19, Section 15302, Class 2) ACTION: Adopted a resolution recommending that the City Council does not repeal and replace Monterey City Code Chapter 38, Article 29, Section 38-223 to modify the Residential Property Inspection Program to a Residential Property Report Program. Staff Presentation/Commissioner Questions John Kuehl, Building Official, presented the Agenda Report and answered Commissioners’ questions. Kimberly Cole also answered Commissioners’ questions. Public Comments Ms. Beety said requiring an inspection and report protects buyers and that cost should not be an issue given the price of homes in the area. She suggested that rather than eliminating the program, it should be expanded to include an interior inspection. Scott Dick, Monterey County Association of Realtors Government Affairs Director, said he would like the walk around inspection to be an option, agreed upon and paid for by the buyer or seller. He cautioned against using independent contractors for inspections and said adding an interior inspection is not likely because it could violate fourth amendment rights and put the City at liability. Planning Commission Meeting Minutes Tuesday, March 13, 2018 2 Planning Commission Minutes Tuesday, March 13, 2018 Mr. Rowley said the program is important because it guarantees a reliability of City records, ensures no red tags exist on a property, and builds a sense of trust with the City knowing there are reliable building inspectors. Mr. Rowley said as a realtor he would pay the minimal cost for the inspection if it was made optional. He also said that the current inspection process ensures safety and legality of new accessory dwelling units. Laurie Hambaro, New Monterey Neighborhood Association (NMNA) Vice President, said given the older age of many structures in the City, her main concerns are illegal units and safety. Ms. Hambaro said it is important to have building inspectors work with potential buyers to avoid surprises for the buyers in the future, and that she supports keeping the program. Mr. Pekin, MVNA member, said he and the MVNA Board support the efforts of the NMNA on this issue and that it is his understanding that the NMNA supports the MVNA on the issue of the proposed PWS small cell facilities. Commissioner Comments Commissioner Latasa said the City is doing a generous service for buyers and sellers and he understands arguments to keep the program in place. He said the City will still be doing a generous service after cutting the program back a bit, and that he defers to the Building Official on the matter and supports amending the ordinance. Commissioner Reed said legal requirements and City services are substantially different, and although not all services the City provides are legally required, Monterey citizens have come to expect them and the City has historically gone above and beyond. Commissioner Reed said given the age of the City and its buildings it is important to maintain the program so he cannot support getting rid of it. Commissioner Brassfield concurred with Commissioner Reed’s comments and said the program is a positive one that should be kept in place due to its value to both the buyers and the City. Commissioner Dawson said the City needs this kind of inspection when properties are sold and that he highly recommends that the system is kept the way it is today. Commissioner Fletcher said the City has such an aged housing stock and there are very few opportunities to inspect these properties since it only occurs when a property changes hands. He also said there is some value for the City to be able to see what is not compliant and that he would hate to see the program eliminated. Commissioner Brassfield said since the Building Official has stated that 10 percent of houses inspected by the Building Department have an issue of non-compliance, it is important to keep the program in place. Chair Millich said the program has value and the entire onus to disclose information to a buyer should not be placed on the realtor or owner. Chair Millich said he supports keeping the program in place. Commissioner Fletcher made a motion to adopt a resolution recommending that the City Council does not repeal and replace Monterey City Code Chapter 38, Article 29, Section 38- 223 to modify the Residential Property Inspection Program to a Residential Property Report Program. Commissioner Brassfield seconded the motion. Planning Commission Meeting Minutes Tuesday, March 13, 2018 3  Planning Commission Minutes Tuesday, March 13, 2018 On a motion by Commissioner Fletcher, seconded by Commissioner Brassfield, and carried by the following vote, the Planning Commission adopted a resolution recommending that the City Council does not repeal and replace Monterey City Code Chapter 38, Article 29, Section 38- 223 to modify the Residential Property Inspection Program to a Residential Property Report Program: AYES: 5 COMMISSIONERS: Millich, Dawson, Brassfield, Fletcher, Reed NOES: 1 COMMISSIONERS: Latasa ABSENT: 1 COMMISSIONERS: Ezekiel ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner Reed said he would like the special meeting of the Planning Commission set for March 15, 2018 to be run as efficiently as possible given the length of the agenda. Chair Millich encouraged the Commissioners to think about how the meeting should be structured and he confirmed that a decision will be made at the meeting as to what direction to take if items on the agenda need to be continued. Commissioner Brassfield said that Planning Commissioners are tasked with reviewing plans, but he has not seen any yet and hopes that the Commission can move in that direction in the future. He also said the Commission should not try to bundle the upcoming 13 PWS facility applications as each application is different and with different concerns and that time sensitive applications should be addressed first. INFORMATIONAL REPORTS & STAFF COMMENTS 3. Planning Office Update  Update received ADJOURNMENT There being no further business, the meeting adjourned at 5:28 p.m. Respectfully Submitted, Approved, Elizabeth Caraker Chair Housing and Community Development Manager Planning Commission Planning Commission Meeting Minutes Tuesday, March 13, 2018 4