Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, June 26, 2018 4:00 PM - 5:30 PM 7:00 PM - 11:00 PM 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Millich, Dawson, Brassfield, Fletcher, Latasa, Reed Commissioners Absent: None Staff Members Present: Housing and Community Development Manager Caraker, Associate Planner Roveri, City Attorney Davi, Recording Secretary Leinen CALL TO ORDER Chair Millich called the meeting to order at 4:01 p.m. CONSENT ITEMS Approval of Minutes 1. June 12, 2018 ACTION: Approved as amended. Chair Millich requested that page 8 of the minutes be corrected to reflect that he abstained from voting on item #5, not recused. Vice Chair Dawson made a motion to approve the minutes as amended. Commissioner Brassfield seconded the motion. Commissioners Reed and Fletcher abstained from voting due to their absence from the June 12, 2018 meeting. On a motion by Commissioner Dawson, seconded by Commissioner Brassfield, and carried by the following vote, the Planning Commission approved the minutes as amended: AYES: 4 COMMISSIONERS: Millich, Dawson, Brassfield, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 2 COMMISSIONERS: Fletcher, Reed RECUSED: 0 COMMISSIONERS: None Other Consent Items 2. Accept 2018-19 Planning Commission Chair and Vice Chair Assignment (Not A Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ACTION: Confirmed appointment of Commissioner Dawson as Chair and Commissioner Latasa as Vice-Chair for Fiscal Year 2018-2019. The Commissioners discussed item #3 of the City Council Guidelines for Appointment of Chairs and Vice-Chairs and it was decided by consensus that Commissioner Latasa would serve as Vice Chair having served the longest period of time on the Commission without serving as Chair. Elizabeth Caraker said the language of the Guidelines can be improved upon for the future. Commissioner Latasa noted that his name is misspelled in the report. Commissioner Reed made a motion to confirm appointment of Commissioner Dawson as  Planning Commission Minutes Tuesday, June 26, 2018 Chair and Commissioner Latasa as Vice-Chair for Fiscal Year 2018-2019, to take effect at the next Planning Commission meeting. Commissioner Brassfield seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Brassfield, and carried by the following vote, the Planning Commission Confirmed appointment of Commissioner Dawson as Chair and Commissioner Latasa as Vice-Chair for Fiscal Year 2018-2019: AYES: 6 COMMISSIONERS: Millich, Dawson, Brassfield, Fletcher, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS Esther Malkin spoke about an affordable housing crisis on the Peninsula and said there is anxiety over the disparity between incomes and living costs. She said private entities being allowed to drill wells while others are told there is no available water gives the appearance of a double standard. Ms. Malkin asked the Planning Commission to be sensitive when addressing new development, such as the residential project at 501 Casanova Avenue, and to come up with alternatives when denying residential projects. PUBLIC HEARING 3. Recommend City Council Approval of Application TM-18-0023 to Amend the Zoning Ordinance to Principally Permit Limited Vehicle Sales in the I-R Industrial, Administration, and Research Districts and to Establish a Vehicle Sales, Limited, Definition with Same Parking Requirements as Vehicle/Equipment Sales and Rentals; Applicant Henry Ruhnke; Exempt from CEQA per Article 19, Section 15305, Class 5 ACTION: Adopted a resolution recommending City Council approval of TM-18-0023 to amend the Zoning Ordinance to principally permit limited vehicle sales in the I-R Industrial, Administration, and Research Districts and to establish a Vehicle Sales, Limited, definition with same parking requirements as Vehicle/Equipment Sales and Rentals striking the words “no brokers or salespersons” from the resolution findings and the proposed ordinance. Staff Presentation/Commissioner Questions Fernanda Roveri presented the Agenda Report and answered Commissioners’ questions. Ms. Caraker also answered Commissioners’ questions. Applicant Henry Ruhnke, Wald Ruhnke Dost Architects, said many auto collectors in the area who purchase these storage units have multiple vehicles that they sell and trade through the internet, word of mouth, and networking. Mr. Ruhnke said the zoning amendment would create a mechanism to allow these auto collectors to purchase a unit and feel comfortable that what they are doing is permitted and recognized by the City. He also said the CCNRs are very restrictive and clarified how cars would be delivered to the site. Mr. Ruhnke expressed concern with the language of the findings that prohibit brokers or salespersons and suggested Planning Commission Meeting Minutes Tuesday, June 26, 2018 2 Planning Commission Minutes Tuesday, June 26, 2018 omitting it or using alternative language. In response to Commissioner Reed’s question, Mr. Ruhnke said the term “outside salesperson” would be acceptable and provide more clarity. In response to Commissioner Brassfield’s questions, Mr. Ruhnke said the site is over-parked, providing enough parking for visitors, and clarified that socializing is an aspect of the storage units but is not the primary function. Dennis Chambers of Club Autosport in San Jose addressed Commissioner Brassfield’s additional questions saying that at Club Autosport, 18 condo owners out of 60 sell cars. He also said the main goal of the ordinance amendment is to enable owners to follow the rules. Mr. Chambers added that the road leading to the condos is privately owned by a nearby church and that there will be no car rentals. In response to Vice Chair Dawson’s question, Mr. Chambers said no one outside would be able to tell that sales are occurring on-site. In response to Chair Millich’s question regarding the reference to salespersons and brokers, Mr. Ruhnke said he is amenable to whatever language the Planning Commission and staff see fit. Public Comments None. Commissioner Comments Regarding amending the language specific to salespersons and brokers, Commissioner Fletcher said he supports language stating that no more than two people would be allowed on- site. Vice Chair Dawson said a sales transaction would be impossible if no salespersons or brokers were allowed. Commissioner Reed said specifying a number is irrelevant because it would be impossible to enforce, and that with such expensive vehicle transactions various people are likely present. The Commissioners further discussed and decided by consensus, as recommended by Commissioner Latasa, to strike the words “no brokers or salespersons” from the resolution findings and the proposed ordinance. Commissioner Reed made a motion to adopt a resolution recommending City Council approval of TM-18-0023 to amend the Zoning Ordinance to principally permit limited vehicle sales in the I-R Industrial, Administration, and Research Districts and to establish a Vehicle Sales, Limited, definition with same parking requirements as Vehicle/Equipment Sales and Rentals striking the words “no brokers or salespersons” from the resolution findings and the proposed ordinance. 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 adopt a resolution recommending City Council approval of TM-18-0023 to amend the Zoning Ordinance to principally permit limited vehicle sales in the I-R Industrial, Administration, and Research Districts and to establish a Vehicle Sales, Limited, definition with same parking requirements as Vehicle/Equipment Sales and Rentals striking the words “no brokers or salespersons” from the resolution findings and the proposed ordinance: AYES: 6 COMMISSIONERS: Millich, Dawson, Brassfield, Fletcher, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None RECESS Chair Millich recessed the afternoon session at 4:57 p.m. Planning Commission Meeting Minutes Tuesday, June 26, 2018 3  Planning Commission Minutes Tuesday, June 26, 2018 RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m. RECONVENE Chair Millich called to order the evening session at 7:02 p.m. CONTINUED PUBLIC COMMENTS Kelly Rey, Monterey resident, said she is currently living in City-owned property that is managed by Backus Properties and qualifies for low income and Section 8 housing. Ms. Rey said she and her son are being bullied, targeted, and harassed by Backus Properties and the City’s Housing Office staff and are being charged $50.00 any time maintenance to her apartment is needed. She also said the City does not allow for anything to be placed on balconies or in the common areas. Ms. Rey said housing is a struggle in the area and those who are fortunate enough to be housed should not be treated as criminals. Ms. Rey’s son spoke and said he experiences the same issues described by Ms. Rey and that Backus Property views all children negatively, not allowing things like sidewalk chalk or basketball in the back alley. He also said it is very difficult for him and his mother to come to the City to express their experiences and talk about these issues. PUBLIC APPEARANCE 4. Receive Report, Conduct Public Workshop and Provide Policy Direction for Regulations on Wireless Facilities (Not A Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ACTION: Received report, conducted public workshop and provided policy direction for regulations on wireless facilities. Staff Presentation/Commissioner Questions Ms. Caraker said this evening’s workshop was organized to engage the community and give opportunity for participation. She said neighborhood representatives are present and she introduced City Attorney Christine Davi. Ms. Davi introduced telecommunications expert Joe Van Eaton of Best Best and Krieger. Mr. Van Eaton gave a PowerPoint presentation on and answered questions regarding the following issues:  Concerns and comments expressed by community members at community meeting  Aspects and technology encompassed by the Wireless Ordinance  Different markets involved in providing cellular coverage to consumers  Macrocell facilities versus small cell facilities  The growing number of installation of cell facilities indoors and outdoors  The different deployment methods proposed by wireless companies  A description of 5G technology and timeframe for deployment of 5G  The current political and regulatory climate and the City’s scope of authority, limitations on local authority and the Coastal Commission’s involvement  Capacity (adequate signal for multiple users) versus coverage (enough signals available) Planning Commission Meeting Minutes Tuesday, June 26, 2018 4 Planning Commission Minutes Tuesday, June 26, 2018  Limits on what the City can regulate and California’s standard of whether a facility incommodes the public  Leasing of light standards versus leasing of utility poles  Undergrounding of existing utilities in relation to wireless services  Issues regarding the application of a “shot clock”  The potential for a tidal wave of wireless uses coming over the next five years  Safety of utility poles and engineer reports to confirm safety  Collocation of facilities and size of equipment  Working towards a wireless ordinance that has design parameters to give the Planning Commission an easy path to follow  Instances of California cities that have lost court cases and reasons why  The noise standard proposed by the neighborhood versus the City’s noise ordinance  Cell towers in relation to fire risks  Possible application procedures to notify the community and encourage community participation  Creating a simplified, broad ordinance that allows the City flexibility to achieve desired outcomes Chair Millich called for a brief recess at 9:04 p.m. Chair Millich reconvened the meeting at 9:11 p.m. Public Comments Steven Lucas presented models displaying how microwaves affect molecules and DNA in the human body, leading to leukemia, lymphoma, heart failure and unexplained death. He also said trees closest to the microwaves will be brittle and fire-prone. Mr. Lucas said the City should follow the lead of other countries and that the revised wireless ordinance should prohibit high powered electro-dynamic charge. Chair Millich requested that Mr. Lucas provide studies he cited to City staff. Susan Nine, Monte Vista Neighborhood resident, said the neighborhood was encouraged by Mayor Roberson to create a draft wireless ordinance incorporating the neighborhood’s desired changes. Ms. Nine gave examples of local court cases and outcomes and said the neighborhood found many cases where the courts supported municipalities as long as the ordinance regulations were reasonable. She also said she has not found a case stating that coverage is more than calling abilities and would like to see the sources referenced by Mr. Van Eaton. Ms. Nine said the burden of proof is on the applicant and she asked the City to believe the citizens when they say there is no coverage gap. Robert Yoha, Casanova Oak-Knoll Neighborhood Association (CONA), said he would like the Wireless Ordinance to require an engineer to certify that proposed poles do not pose a public safety hazard from risks like tsunami, fire, or windloading or incommode the public. Mr. Yoha said CONA would like to see cell towers located in the commercial zone and that there is no reason to place cell towers in the CONA neighborhood since it is surrounded by commercial properties. He also expressed concern with visitor serving facilities, saying that the ordinance should require licenses for hotspots inside venues, similar to requiring alcohol licenses. Mr. Yoha spoke of health related issues and medical studies, and the effects of cell towers and high voltage. Ray Meyers asked if undergrounding utilities could make the area less of a target for small cell applications and Mr. Van Eaton said in his experience cellular providers are driven by density, Planning Commission Meeting Minutes Tuesday, June 26, 2018 5 Planning Commission Minutes Tuesday, June 26, 2018 the community, and financial outcomes. Mr. Meyers mentioned municipal broadband service and asked if this would be a disincentive if present in the City. Mr. Van Eaton said this conclusion cannot be drawn because there is a large amount of fiber in the ground already and a company like AT&T would lease fiber or deploy in a method that fits their plan. Mr. Meyers also spoke about net neutrality. Jean Rasch, Monterey Vista Neighborhood resident, asked how much ExteNet paid in application fees for their recent applications and how high the City could make the fee. Mr. Van Eaton said the fee has to be cost-based, but there could be different types of applications or a tiered application process tailored to the amount of work required. Nina Beety said she lives in an area that was recently impacted by one of ExteNet’s applications and that she would like to make a Public Records Act request for all records between Mr. Van Eaton and the City and information provided to Mr. Van Eaton in relation to his hiring by the City. Ms. Beety expressed concern with 5G being implemented in Sacramento and Los Angeles this summer, the notice area for proposed projects not including those effected the most, air rights and emissions from towers, property values, the severe and life-threatening effects of electromagnetic sensitivity, violation of her Federally protected civil rights, and incommoding of the public. Ms. Beety said this is one of the biggest land use issues that will ever affect the City and questioned whether there can be a referendum or ban on this type of application since the people in the City do not want wireless facilities. Rex Buddenberg, Monterey resident, said he holds a telecommunications degree and knows that any communication systems put out will be used for emergency purposes and should be served by dual threads to provide backup in the event of failure. He also said cell density should be such so that there is some overlapping coverage, facilities need to be able to operate longer than one hour after losing power, and that fault monitoring should be part of the wireless checklist. Mr. Buddenberg said First Net Network has a contract in all 50 states to hang transponders on existing towers for emergency responders and this should be factored into the planning process. Commissioner Comments Commissioner Reed said he cannot imagine what the lives of those with sensitivities are like and does not want to discount that, however it is better to get ahead of the wave of applications and craft the wireless ordinance in a manner similar to the Specific Plans with meetings and review by the various commissions. He also said going to court to fight against wireless companies could consume the City’s budget and cause other community services like the library to be impacted. Commissioner Reed suggested the next step be to set up a subcommittee with members of the Planning Commission, Architectural Review Committee and Historic Preservation Commission. Vice Chair Dawson said he would like to serve on the subcommittee. Commissioner Brassfield said progress was made this evening and he hopes what was discussed does not get lost. He said the wireless application process should line up with the regulations in the ordinance and that the noticing distance requirements should be looked at with a conservative eye and be consistent with the City ordinances. In response to Commissioner Brassfield’s question regarding significant coverage gaps, Mr. Van Eaton said the courts tend to look at whether there is generally reliable service. Commissioner Brassfield questioned whether keeping cell towers in commercial zones would withstand a court challenge and Mr. Van Eaton said it depends on the general reliability of the service and the Planning Commission Meeting Minutes Tuesday, June 26, 2018 6  Planning Commission Minutes Tuesday, June 26, 2018 size of the area impacted and that he would recommend that the Wireless Ordinance specify that applicants look at alternatives before placing facilities in a residential neighborhood. Commissioner Brassfield also said the Ordinance should address additional application fees for contract staff. He said this is the beginning of a wave and he is concerned the City will become overwhelmed and should plan for large amounts of applications. Commissioner Latasa thanked Mr. Van Eaton for his presentation and said it seems that significant gap applies more to telephone calls and not necessarily video streaming. Commissioner Latasa suggested using the last slide of Mr. Van Eaton’s presentation as an outline and said having a wireless ordinance along with a regulations manual is a smart approach. He also said he would be interested in seeing examples of wireless ordinances from other cities. Commissioner Latasa said he completely supports the idea of requiring the applicant to provide a three-dimensional model to scale and that this model along with noticing should be done by the applicant at the time of application. Commissioner Fletcher said Mr. Van Eaton’s presentation and the questions of the Commissioners and the neighborhood were incredibly informative and that he recommends forming a subcommittee to address the issues in further detail. Chair Millich suggested that the City Council check with the League of California Cities as a possible source of information on ordinances and design guidelines. Chair Millich thanked Mr. Van Eaton, staff, the Commissioners and members of the public. Ms. Caraker said staff will forward the recommendation of the Planning Commission to create a subcommittee to the City Council. COMMISSIONERS COMMENTS None. INFORMATIONAL REPORTS & STAFF COMMENTS 5. Planning Office Update  Report not received ADJOURNMENT There being no further business, Chair Millich adjourned the meeting at 10:19 p.m. Respectfully Submitted, Approved, Elizabeth Caraker Chair Housing and Community Development Manager Planning Commission Planning Commission Meeting Minutes Tuesday, June 26, 2018 7