Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, May 22, 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, Reed Commissioners Absent: Latasa Staff Members Present: Community Development Director Cole, Housing and Community Development Manager Caraker, Associate Planner Schmidt, Recording Secretary Leinen CALL TO ORDER Chair Millich called the meeting to order at 4:01 p.m. CONSENT ITEMS Commissioner Brassfield requested that item #3 of the Consent Agenda be removed for discussion. Commissioner Fletcher abstained from voting on item #3 due to his absence from the April 10, 2018 meeting. Chair Millich requested that item #2 of the Consent Agenda be removed for discussion. 1. Recommend to the City Council that the 2018/19 Neighborhood Improvement Program is Consistent with the General Plan, Area Plans, Master Plans, Traffic Calming Plans, and Multi-Modal Mobility Plan (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ACTION: Adopted a resolution recommending to the City Council that the 2018/19 Neighborhood Improvement Program (NIP) is consistent with the City’s General Plan, area/specific plans, master plans, traffic calming plans, and Multi-Modal Mobility Plan. Commissioner Reed made a motion to adopt a resolution recommending to the City Council that the 2018/19 Neighborhood Improvement Program (NIP) is consistent with the City’s General Plan, area/specific plans, master plans, traffic calming plans, and Multi-Modal Mobility Plan. Vice Chair Dawson seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission Adopted a resolution recommending to the City Council that the 2018/19 Neighborhood Improvement Program (NIP) is consistent with the City’s General Plan, area/specific plans, master plans, traffic calming plans, and Multi-Modal Mobility Plan: AYES: 5 COMMISSIONERS: Millich, Dawson, Brassfield, Fletcher, Reed NOES: 0 COMMISSIONERS: None Planning Commission Minutes Tuesday, May 22, 2018 ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS Susan Nine said she is here on behalf of the Monterey Personal Wireless Facilities (PWS) Ordinance Revision Committee to deliver a copy of the revisions to the Wireless Ordinance that the Committee has been working on since March 15th of this year. Ms. Nine read from a cover letter attached to the revisions submitted. Lois Hansen, Monterey resident, said the City needs to begin strengthening Monterey against the next assault of cell towers being planned by telecom companies wanting to turn Monterey into an industrial park. Ms. Hansen said she hopes the neighborhoods will be included in the process of revising the Wireless Ordinance and that residents, staff, elected officials and Planning Commissioners can work together. Pat Venza, Monterey Vista Neighborhood Association (MVNA) Vice President, said both the Association and the residents were very impressed with the Planning Commission’s review of and response to ExteNet’s PWS facility applications. Ms. Venza said the MVNA has asked City Council for a revision of the Wireless Ordinance and for a different law firm, and she hopes the Planning Commission will consider the proposed revision. Hebard Olsen, Woodcrest Lane resident, said he agrees with what has been said by previous speakers. Mr. Olsen said the City Council should be protecting the residents, not helping businesses make a profit. He also said residents should not be forced to have something they do not want. Paula White, Monterey Vista Neighborhood resident, said she participated in several of the PWS public meetings and was pleased with the outcome. She expressed concern that although the City Council made the decision to move forward with amending the Wireless Ordinance, it has not been put on an agenda. Ms. White asked that every effort be made to get the item on the agenda and move forward with revisions. Charisse Carlile said the neighbors would like to move forward with revision of the Wireless Ordinance and that fire risk is a threat, which is why underground utilities are desirable. Ms. Carlile also said she would like the March 15th minutes to be continued as there are inaccuracies that need to be corrected. She provided the Commissioners with a written copy of the changes proposed to correct the inaccuracies. Jean Rasch, MVNA Board and Neighborhood Improvement Program member, said she would like to reiterate how concerned the neighborhood is that the topic of the Wireless Ordinance revision has dropped and that there were two canceled Planning Commission meetings where the item was not agenized. She asked for an explanation and for the revision to move forward. Ms. Caraker said the Wireless Ordinance amendment is still moving forward. She said the City is obtaining the help of a consulting firm and that the City’s website will be updated in the future with community meeting and Planning Commission meeting dates. Planning Commission Meeting Minutes Tuesday, May 22, 2018 2  Planning Commission Minutes Tuesday, May 22, 2018 Approval of Minutes 2. March 15, 2018 ACTION: Removed from Consent Agenda; discussed; continued to June 12, 2018. Chair Millich said on page 14 of the minutes under item #5a, the sentence should read “…because there are more-preferred building-mounted designs” instead of “…because the more-preferred building mounted designs.” The Planning Commission agreed by consensus to this amendment. Chair Millich suggested taking a 5 minute recess to look at the changes proposed and submitted by Ms. Carlile. Ms. Caraker said alternatively, staff could compare the proposed changes to the meeting recording. Chair Millich agreed with this suggestion. Commissioner Reed made a motion to continue the minutes to the June 12, 2018 meeting of the Planning Commission. Commissioner Fletcher seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission continued the minutes to June 12, 2018: AYES: 5 COMMISSIONERS: Millich, Dawson, Brassfield, Fletcher, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. April 10, 2018 ACTION: Removed from Consent Agenda; discussed; continued to June 12, 2018. Commissioner Brassfield said he would like to continue the minutes to the next meeting of the Planning Commission due to the information that was provided to the Commission regarding the Draft Fiscal Year 2018/2019 Action Plan for Community Development Block Grant Funds being incomplete and not allowing for complete public participation, therefore making the minutes incomplete. He also said there were documents linked online on the meeting agenda that would not open and that it comes down to the issue of transparency. Commissioner Reed said the minutes are not incomplete and are accurate regardless if there is additional information on the subject noted by Commissioner Brassfield. He also said the minutes presented reflect the meeting held and that the minutes are not intended to address policy issues. Ms. Caraker said she would be happy to meet with Commissioner Brassfield and address his concerns. Commissioner Reed made a motion to continue the minutes to the June 12, 2018 meeting of the Planning Commission. Vice Chair Dawson seconded the motion. Planning Commission Meeting Minutes Tuesday, May 22, 2018 3  Planning Commission Minutes Tuesday, May 22, 2018 On a motion by Commissioner Reed, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission continued the minutes to June 12, 2018: AYES: 4 COMMISSIONERS: Millich, Dawson, Brassfield, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Fletcher PUBLIC HEARING 4. Approve 1251 Tenth Street; Use Permit Application UP-18-0081 for a Private Animal Hospital and Boarding Clinic; Applicant Douglas Roberts; Owner Peace of Mind Dog Rescue; C-2-D2 Zoning District; Exempt from CEQA per Article 19, Section 15301, Class 1 ACTION: Adopted a resolution approving Use Permit UP-18-0081 for a private animal hospital and boarding clinic with amendments to Special Conditions of Approval. Staff Presentation/Commissioner Questions Chris Schmidt presented the Agenda Report and answered Commissioners’ questions. Mr. Schmidt noted that Exception C under the “Environmental Determination” section of the agenda report references conversion of commercial space to residential, which should instead say veterinary clinic, and that the second paragraph of the resolution references a miniature golf course, which should instead be veterinary clinic. Applicant Doug Roberts of JHW Architects, applicant, said a noise consultant will be utilized to help design the kennels to mitigate noise in a way that is comfortable for the animals and does not impinge on the neighborhood. Mr. Roberts said the resolution, as currently proposed, says someone will be on-call, but not necessarily on-site, at all times to address issues and that he prefers the Condition of Approval to remain as proposed. He also reiterated that the facility will not be open to the public, but just for animals being treated through Peace of Mind Dog Rescue. Mr. Roberts said residents across the street are at least 110 feet from the property line across Ninth Street and because of the nearby highway the units already address noise issues. In response to Commissioner Fletcher’s question, Mr. Roberts said a gate could easily be added between the residence and the veterinary clinic, but in order to keep the backyard of the residence separate from the area used by dogs for recreation a gate was not proposed. In response to Commissioner Brassfield’s question, Mr. Roberts said he plans to put a solid wall in place of the existing window above the kennels for better sound attenuation and will follow the recommendations of the noise consultant. Public Comments Carie Broecker, director and co-founder of Peace of Mind Dog Rescue, gave a history of the organization and detailed what the organization does. Ms. Broecker said the proposed project will lower the cost of veterinary care for the animals that are served and that most of the dogs will only stay in the clinic for three nights to a week before going to a foster home. She also said between 80-90 dogs are in Peace of Mind Dog Rescue’s care at any given time and that a Planning Commission Meeting Minutes Tuesday, May 22, 2018 4  Planning Commission Minutes Tuesday, May 22, 2018 maximum of eight dogs will be at the veterinary facility. Joel Jensen, Home Away from Home Pet Spa, said Ms. Broecker’s commitment and reputation in the community is impeccable and that he has benefitted from the services her organization provides. Mr. Jensen said the project is for an exceptional cause, which he endorses completely, and he encouraged the Planning Commission to give this fantastic cause every consideration. Commissioner Comments Chair Millich said that the phrase “if necessary” should be deleted from Special Condition of Approval #1 in the resolution. Commissioner Brassfield said the proposal is a well put together package and on the field trip all questions were answered and he witnessed a lot of support for the project. He said he appreciates the work being done. Commissioner Fletcher said he supports project. Commissioner Reed made a motion to adopt a resolution approving Use Permit UP-18-0081 for a private animal hospital and boarding clinic with amendments to Special Conditions of Approval as follows: 1. The applicant shall implement noise attenuation methods (of equal or greater rating) if necessary as recommended by the professional noise consultant. Commissioner Fletcher seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission adopt a resolution approving Use Permit UP-18-0081 for a private animal hospital and boarding clinic with amendments to Special Conditions of Approval: AYES: 5 COMMISSIONERS: Millich, Dawson, Brassfield, Fletcher, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC APPEARANCE 5. Discuss City Staking Policies for New Construction and Density as Requested by Planning Commissioners (Exempt from CEQA per CCR, Title 14, Chapter 3 , Article 20, Section 15378) ACTION: Held a discussion on density. Ms. Caraker said the discussion on staking will be continued to the next meeting as Commissioner Latasa, who is not present, is interested in the topic. Ms. Caraker invited Commissioner Brassfield to start the discussion on density. Commissioner Brassfield spoke regarding 30% density, the benefits of increased density to developers, the lack of benefits of increased density to residents and the community, affordable housing in relation to increased Planning Commission Meeting Minutes Tuesday, May 22, 2018 5  Planning Commission Minutes Tuesday, May 22, 2018 density, and his desire to see a balance between the benefits to the City, residents, and developers. Ms. Caraker answered questions regarding allowable density, density bonuses, affordable housing, the project at 300 Cannery Row, and the 183 residential unit cap in the Cannery Row area. Commissioner Reed said that it may be necessary to wait until a project involving an increase in density is before the Planning Commission to discuss density issues and that much of the decision on density is discretionary, based on the Commission’s findings. Ms. Cole noted that as of January 1, 2018, State law changed and the City is able to apply the Inclusionary Housing Ordinance to rental projects. Ms. Caraker said a presentation from the City’s Traffic Engineer and discussion regarding the Lighthouse Avenue area will be placed on the agenda in August. In response to Chair Millich’s question, Ms. Caraker said the City Council has obtained outside attorney firm Best, Best and Krueger for assistance with the Wireless Ordinance revision. Ms. Cole said staff is considering holding a community meeting to update the public about the next steps in the process and to allow for an opportunity for public comments. Ms. Cole also said she would like to meet with Chair Millich to discuss the matter and if need be the issue can be placed on an agenda. Commissioner Fletcher mentioned Brown Act issues faced at previous community meetings preventing all Commissioners to be present at once. Ms. Cole said regardless of the community meeting format, a noticed, public hearing before the Planning Commission will occur. COMMISSIONERS COMMENTS None. INFORMATIONAL REPORTS & STAFF COMMENTS 6. Planning Office Update  Update received. ADJOURNMENT There being no further business, the meeting adjourned at 5:06 p.m. Respectfully Submitted, Approved, Elizabeth Caraker Chair Housing and Community Development Manager Planning Commission Planning Commission Meeting Minutes Tuesday, May 22, 2018 6