Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, November 13, 2018 4:00 PM AFTERNOON SESSION ONLY FEW MEMORIAL HALL OF RECORDS COUNCIL CHAMBERS 580 PACIFIC STREET MONTEREY, CALIFORNIA Commissioners Present: Dawson, Latasa, Brassfield, Millich, Reed Commissioners Absent: Fletcher Staff Members Present: Community Development Director Cole, Housing and Community Development Manager Caraker, Associate Planner Schmidt, Recording Secretary Leinen CALL TO ORDER Chair Dawson called the meeting to order at 4:00 p.m. CONSENT ITEMS Approval of Minutes 1. October 23, 2018 ACTION: Approved as submitted. Commissioner Reed made a motion to approve the minutes. Commissioner Millich seconded the motion. Vice Chair Latasa abstained from voting due to his absence from the October 23rd meeting. On a motion by Commissioner Reed, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission approved the minutes: AYES: 4 COMMISSIONERS: Dawson, Brassfield, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fletcher ABSTAIN: 1 COMMISSIONERS: Latasa RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS Jean Rasch said City Council gave direction to staff to discuss an undergrounding ordinance revision and she and the Monterey Vista Neighborhood Association (MVNA) are disappointed that the matter has not been agendized before the Planning Commission yet. Ms. Rasch said this must be agendized as the Wireless Subcommittee needs language to prevent colocation of cell towers and because of the increased risk of fires. Michelle Altman, MVNA board member and resident, said she is concerned with transformers and loading of equipment and wires in the neighborhood. Ms. Altman expressed concern regarding fire risk in light of recent fires and said undergrounding needs to be on the agenda.  Planning Commission Minutes Tuesday, November 13, 2018 Lois Hansen, MVNA said she supports what was said by the two previous speakers and that the Planning Commission was directed to write an amendment to the General Plan prioritizing undergrounding of utilities. Ms. Hansen said this is an urgent matter and she hopes it will be put on an agenda soon. Susan Nine, MVNA board member, read from the minutes of the October 16th City Council Meeting and said this is the second Planning Commission meeting since the City Council’s direction and she is baffled as to why it is not on the agenda tonight. Ms. Nine detailed the necessity and benefits of undergrounding and said she hopes the Commission will act to make sure the next agenda reflects this urgency. Allen Robinson, Sienna Company, spoke of a project at 200-204 Lighthouse Avenue that gained unanimous approval prior to the adoption of the Lighthouse Specific Plan (LHSP) and said that adoption of the LHSP prevented the project from moving forward due to the 12 foot setback requirement on the third story. He also said moving forward with the project will not be economically feasible. Mr. Robinson asked the Planning Commission to revisit the Specific Plans in the City to identify areas that may prevent previously approved projects from moving forward after adoption. PUBLIC HEARING 2. Approve 601 Wave Street; Use Permit Application UP-18-0256 to Allow Vehicle/Equipment Sales and Rental Use (Electric Scooter Vehicle Rental); Applicant Richard Miller; Owner City of Monterey; C-2 Zoning District; Public/Semi-Public General Plan Land Use Designation; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 ACTION: Adopted a resolution approving a use permit to allow an electric scooter vehicle rental use with added Conditions of Approval. Staff Presentation/Commissioner Questions Chris Schmidt presented the Agenda Report and answered Commissioners’ questions. Applicant Rick Miller, applicant, gave a brief presentation and said, in response to Commissioners’ questions, that there will be a sticker on the handlebars of the scooter to remind users not to go on the Recreation Trail and that waivers will be a very important aspect of business. Mr. Miller also said geo-tracking and geo-fencing will be in place to keep track of the scooters, that scooter rentals will be done during daylight hours only and that at most there will be 36 rentals per day during off season and possibly double this amount during on season. In response to Vice Chair Latasa’s question regarding signage, Mr. Schmidt said staff can discuss signage with the applicant at a later date. In response to questions regarding whether the rent is fair market value, Ms. Cole said City Council has provided confidential, closed session guidance on the potential lease. In response to questions regarding recreation trail signage, Ms. Cole said City Code prohibits scooters on the Recreation Trail and that this is posted at the Recreation Trail. Public Comments Allen Robinson spoke about electric bike and scooter rental programs in other cities and expressed concern with regard to the crowdedness of area roads, disregard for signs and Planning Commission Meeting Minutes Tuesday, November 13, 2018 2 Planning Commission Minutes Tuesday, November 13, 2018 rules by renters of the scooters, enforcement of laws for scooters, and the scooters not being able to keep up with the flow of traffic. Mr. Robinson also said those who use these scooters should be required to have a motorcycle license. Mr. Miller returned to the microphone and said a motorcycle license would be required except when used for under 72 hours and that rentals will be for three hours. Bob Faulis said whoever is responsible for deploying the scooters should also ensure they are not left on sidewalks. Mr. Faulis expressed concern with the potential for injuries, but said the program could be a benefit for the community. Commissioner Comments Commissioner Millich said there should be a map with large font stating that operation of scooters is not allowed on the Recreation Trail. Commissioner Brassfield said there should be a box to initial by the driver acknowledging that they will not operate the scooter on the Recreation Trail. Vice Chair Latasa said he supports the application and concurs with Commissioner Millich’s suggestion of having a more emphatic document requiring the drivers signature regarding the Recreation Trail. Commissioner Brassfield said he supports Chair Dawson’s recommendation of a 12 month review period to see if any issues arise in this time. Commissioner Brassfield also said he likes that the scooters are electric. Commissioner Reed said from his experience motorcycles are extremely dangerous and in these densely populated areas he would like to see many restrictions. Commissioner Reed said his main concern with the proposed project is the safety and he stressed the importance of insurance. Commissioner Millich made a motion to adopt a resolution approving a use permit to allow an electric scooter vehicle rental use with added Conditions of Approval as follows: 2. The applicant shall be subject to a 12 month review before the Planning Commission to address any issues that may arise during the 12 month period. 3. The applicant shall include a map with each scooter rental indicating areas that the scooter may not be operated and shall require customers to initial an agreement indicating that they will not operate the scooter on the Recreation Trail. Commissioner Brassfield seconded the motion. On a motion by Commissioner Millich, seconded by Commissioner Brassfield, and carried by the following vote, the Planning Commission adopted a resolution approving a use permit to allow an electric scooter vehicle rental use with added Conditions of Approval: AYES: 5 COMMISSIONERS: Dawson, Latasa, Brassfield, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fletcher ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday, November 13, 2018 3  Planning Commission Minutes Tuesday, November 13, 2018 3. Approve 700 Taylor Street and 1980 Prescott Avenue; Variance Application VA-18-0368 to Allow Less than Minimum Setbacks and Lot Sizes; Applicant/Owner Bill Bluhm; R-1-5 Zoning District; Low Density Residential General Plan Land Use Designation; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 ACTION: Adopted a resolution approving a variance to allow less than minimum setbacks and lot sizes. Staff Presentation/Commissioner Questions Mr. Schmidt presented the Agenda Report and answered Commissioners’ questions. Ms. Caraker also answered Commissioners’ questions. Applicant Bill Bluhm, owner, said when he purchased the property a couple years ago it was in very bad shape and his objective in pursuing a lot line adjustment and variance is to increase the value of the properties. In response to Commissioners’ prior discussion, Mr. Bluhm said he does not believe the overhang on the back side of the Taylor Street property crosses the lot line. He also said the lots are perpendicular to Taylor street and that both houses cover ground on all three lots. Public Comments None. Commissioner Comments Commissioner Reed made a motion to adopt a resolution approving a variance to allow less than minimum setbacks and lot sizes. Vice Chair Latasa seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission adopted a resolution approving a variance to allow less than minimum setbacks and lot sizes: AYES: 5 COMMISSIONERS: Dawson, Latasa, Brassfield, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fletcher ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. Deny 457, 465, 470, 565, and 570 Cannery Row; Application PE 18-0259 for a Two-Year Extension of Use Permit 00-019 for a Mixed Use Project and Vesting Tentative Map; Applicant: Michael Brown, on Behalf of AquaLegacy Development LLC; C-R Zoning District; Commercial General Plan Designation; Statutorily Exempt from CEQA per Article 18, Section 15270 (CONTINUED FROM OCTOBER 9, 2018) ACTION: Tabled. Staff Presentation/Commissioner Questions Ms. Caraker presented the Agenda Report and answered Commissioners’ questions. Ms. Caraker said Staff initially recommended denial of the application, however the appellant has requested that the item be tabled awaiting additional feedback from the development team and staff supports tabling the item. Planning Commission Meeting Minutes Tuesday, November 13, 2018 4  Planning Commission Minutes Tuesday, November 13, 2018 Appellant Ashley Weinstein-Carnes, land use council for AquaLegacy Development, said AquaLegacy Development supports staff’s recommendation to table the item while new information, including information related to sea level rise, is reviewed by staff and AquaLegacy prefers this over staff’s original recommendation for denial. Public Comments None. Commissioner Comments Commissioner Reed made a motion to table the item. Commissioner Millich seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission tabled the item: AYES: 5 COMMISSIONERS: Dawson, Latasa, Brassfield, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fletcher ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 5. Approve 200 Glenwood Circle; Mitigated Negative Declaration ER-18-0225, and Use Permit PA-17-0504 for a New 4-Story, 40-Unit Senior Independent Living Apartment Building and Site Improvements; Applicant Douglas Roberts, AIA; Owner P Monterey LP; Planned Community Zoning District; Medium Density Residential General Plan Land Use Designation (RECOMMENDED FOR TABLING) ACTION: Tabled. Commissioner Reed made a motion to table the item. Commissioner Brassfield seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Brassfield, and carried by the following vote, the Planning Commission tabled the item: AYES: 5 COMMISSIONERS: Dawson, Latasa, Brassfield, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fletcher ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner Reed requested that at the next meeting a discussion be held regarding the process of amending the General Plan. The Planning Commission concurred. Commissioner Brassfield suggested a discussion be held on the Mills Act requirements as they relate to the City as he understands the City may be falling behind on the reporting requirements Chair Dawson said the Wireless Subcommittee has reached the 30-40 hour mark of meetings Planning Commission Meeting Minutes Tuesday, November 13, 2018 5  Planning Commission Minutes Tuesday, November 13, 2018 and is continuing to meet. He said the next meeting will be Friday, November 16th from 9:00 a.m. to 12:00 p.m. INFORMATIONAL REPORTS & STAFF COMMENTS 6. Planning Office Update  Report received.  In response to Commissioner Reed’s question regarding appointment of a new Planning Commissioner, Ms. Cole said the item was tabled at the last City Council meeting. 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, November 13, 2018 6