Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, November 27, 2018 4:00 PM AFTERNOON SESSION ONLY 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Dawson, Latasa, Brassfield, Fletcher, Millich, Reed Commissioners Absent: None Staff Members Present: Community Development Director Cole, Recording Secretary Leinen CALL TO ORDER Chair Dawson called the meeting to order at 4:00 p.m. CONSENT ITEMS Approval of Minutes 1. November 13, 2018 ACTION: Approved as submitted. Commissioner Reed made a motion to approve the minutes. Commissioner Millich seconded the motion. Commissioner Fletcher abstained from voting due to his absence from the November 13, 2018 meeting. On a motion by Commissioner Reed, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission approved the November 13, 2018 minutes: AYES: 5 COMMISSIONERS: Dawson, Latasa, Brassfield, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Fletcher RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC APPEARANCE 2. Approve Personal Wireless Service Facility Submittal Checklist (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ACTION: Adopted a resolution approving the Personal Wireless Service Facility Submittal Checklist, including the corrections and additions discussed by the Planning Commission and proposed by Ms. Nine and Ms. Hansen, with exception of the additions proposed by Ms. Nine regarding Alternative Planning Commission Minutes Tuesday, November 27, 2018 Analysis and Certification of Public Convenience and Necessity, which will require further legal review. Staff Presentation/Commissioner Questions Kimberly Cole presented the Agenda Report and answered Commissioners’ questions. Public Comments Susan Nine, Wireless Subcommittee Member, speaking as a citizen, presented the Commission and staff with a list of suggested edits and provided comments on the edits. Lois Hansen, Monterey Vista Neighborhood resident, recommended changes to item 6 of page 6 of the Personal Wireless Facility Submittal Checklist making the item read:  I have the required permit(s) [If you check this box, attach the required permit]  I have no permit, but I am applying/have applied for one the required permit(s). [If you check this box, the application(s) must be provided and all fees or proof of fee payment provided.] Ms. Hansen also said she has called staff’s attention to other typos in the document. Ms. Hansen said the FCC has made draconian rules that the City must follow and that the City should not end up having to pay for installation of wireless facilities. Jean Rasch, Monterey Vista Neighborhood resident, said she supports the previous speakers suggestions on alternative locations and co-location analysis requirements as when the 13 ExteNet applications were being reviewed the neighborhoods were the least desirable locations and much of the discussion was on alternative locations. Pat Venza, Monterey Vista Neighborhood resident, said the Wireless Subcommittee has done a large amount of work and she recounted the discussions regarding undergrounding, vaults, and automatic facility shutoffs when the 13 ExteNet applications were being reviewed. Ms. Venza said after the recent fires everything must be done to reduce fire hazard, especially in the Skyline Forest and that the number one priority is undergrounding. Commissioner Comments The Commission discussed the upcoming Wireless Subcommittee Meetings schedule and how best to proceed with the suggestions during Public Comment. Ms. Cole expressed her concern with not having an adopted checklist in place that reflects the City’s current ordinance. Ms. Cole said she supports the changes suggested by Ms. Nine and Ms. Hansen with the exception of the changes regarding Alternative Analysis and Certificate of Public Convenience and Necessity, which require additional legal analysis. Commissioner Reed said there is a typo on page 10 of the checklist with reference to the Monterey City Code section and he requested that staff ensure all typos are corrected. Chair Dawson asked staff to double check the M.C.C. references throughout the document. Ms. Cole asked that any typos found by the Commissioners be brought to her attention. Chair Dawson called a recess at 4:50 p.m. Chair Dawson reconvened the meeting at 4:55 p.m. Ms. Cole said she spoke during the recess with the City Attorney who requested additional time to review the two additions proposed by Ms. Nine. Ms. Cole said these changes can be brought back before the Planning Commission at the next meeting. Planning Commission Meeting Minutes Tuesday, November 27, 2018 2 Planning Commission Minutes Tuesday, November 27, 2018 The Commission discussed and agreed upon the following additional corrections and changes to the Personal Wireless Facility Submittal Checklist:  Page 1, last paragraph, first sentence – change the word “than” to “that”  Page 2, first paragraph, third sentence – change the word “than” to “that”  Pages 1 (last paragraph) and 2 (first paragraph) – examine and consider re-wording for clarity  Page 2, first paragraph, fourth sentence – examine and consider re-wording for clarity  Page 2, Project Location, Street Address – include assessor’s parcel number (APN) with street address  Page 2, Project Location, Description of Location at Address – add “e.g.” in the parenthesis before the words “NE Corner”  Page 8, first paragraph, second sentence and second paragraph, third sentence – change date from January 14, 2018 to January 14, 2019  Review entire checklist for font type and size consistency In response to Commissioners’ questions, Ms. Cole clarified that the Community Development Director will not be making decisions on the appropriateness of wireless facilities, but rather on the completeness of applications. She also said the language regarding tolling of an application was the language recommended by the City’s attorneys. Commissioner Reed made a motion to adopt a resolution approving the Personal Wireless Service Facility Submittal Checklist, including the corrections and additions discussed by the Planning Commission and proposed by Ms. Nine and Ms. Hansen, with exception of the additions proposed by Ms. Nine regarding Alternative Analysis and Certification of Public Convenience and Necessity, which will require further legal review. Commissioner Fletcher seconded the motion. Ms. Cole asked if the Commission is comfortable with staff re-writing the Certification language. Commissioner Reed said staff’s changes should come back before the Planning Commission on consent and if there is any concern with the changes the item can be removed from the Consent Agenda. On a motion by Commissioner Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission adopted a resolution approving the Personal Wireless Service Facility Submittal Checklist, including the corrections and additions discussed by the Planning Commission and proposed by Ms. Nine and Ms. Hansen, with exception of the additions proposed by Ms. Nine regarding Alternative Analysis and Certification of Public Convenience and Necessity, which will require further legal review: AYES: 6 COMMISSIONERS: Dawson, Latasa, Brassfield, Fletcher, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Under further discussion, Vice Chair Latasa said he would like to explore the idea of requiring a survey by a licensed surveyor. Commissioner Fletcher discussed the impacts of retaining walls on applications and suggested a topographic survey that includes lot lines. Commissioner Brassfield asked if elements such as vaults and retaining wills will automatically require Planning Commission Meeting Minutes Tuesday, November 27, 2018 3  Planning Commission Minutes Tuesday, November 27, 2018 archeological review. Ms. Cole said she will need to get input from legal staff and that these ideas can be discussed further at the next meeting. Commissioner Brassfield thanked the two Wireless Subcommittee Members and members of the public in attendance. Vice Chair Latasa thanked Subcommittee Members Dawson and Brassfield. 3. Receive Report and Hold a Discussion on 1) the General Plan Update Process; 2) Direction from the City Council to Amend the General Plan to Address Undergrounding; and 3) Mills Act Process (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ACTION: Held discussion; received public comment. General Plan Update Process / Direction Regarding Undergrounding Staff Presentation/Commissioner Questions Ms. Cole presented the Agenda Report and answered Commissioners’ questions. Commissioner Comments Commissioner Reed said he requested that this item be agendized. He said unfortunately democracy does not move quickly considering all the stakeholders involved in the City of Monterey. Commissioner Fletcher said undergrounding of utilities is an extremely expensive endeavor and there needs to be a resolve and commitment to take this approach. Chair Dawson said it would be helpful next time the issue of undergrounding of utilities is discussed to have Public Works staff come to tell the Planning Commission their estimate of the cost. Commissioner Reed said cost is not within the purview of the Planning Commission, however it would help with public concern. Public Comments Susan Nine, Monterey Vista Neighborhood resident, said the neighborhood is looking to the Planning Commission to create a general policy statement regarding the desirability of undergrounding of utilities. She also said the specifications are already in the code and that it would be helpful to contact residents who already have gone through this process, such as those in the Del Monte Beach area. Ms. Nine said it is not inexpensive to underground, however, the cost can be covered through an assessment on a property. Lois Hansen, Monterey Vista Neighborhood resident, read from the section of the City Code referencing designation of underground utility districts. She said all neighborhood is asking the City for is a stronger policy in the General Plan regarding undergrounding of utilities. Ms. Venza said there are various methods of funding and pointed to the cities of San Jose, San Diego, and Newport beach as examples of cities undergrounding their utilities. Pat Venza, Monterey Vista Neighborhood resident, said the process of undergrounding will take time, but the longer the City waits the more it will cost. She said a statement could easily be added to the General Plan to get the process started. Ms. Venza said this would have the added benefit of being a deterrent to communication companies knowing that utility poles may be removed. Ms. Venza expressed concern with undergrounding not occurring on North Fremont Street, fire risks and mitigation, and an outstanding 2008 Neighborhood Improvement Planning Commission Meeting Minutes Tuesday, November 27, 2018 4 Planning Commission Minutes Tuesday, November 27, 2018 Project project for a complete study of undergrounding. Jean Rasch, Monterey Vista Neighborhood resident, said she is particularly interested in the intersection of the undergrounding language in Charter with the new Wireless Ordinance. She said she thought there would be an intersection with the issues, allowing the City the ability to defend its aesthetic values. Ms. Rasch acknowledged the time and cost associated with undergrounding utilities and said all new development with street improvements should require undergrounding of utilities. Mills Act Process Staff Presentation/Commissioner Questions Ms. Cole gave an overview and history of the Mills Act program and said additional written information was included in the agenda packet at the request of Commissioner Brassfield. Commissioner Comments In response to Commissioner Brassfield’s questions, Ms. Cole said there are approximately 50 Mills Act properties in the City. She also said reporting requirements are not specifically outlined in the contract, but the Historic Preservation Commission (HPC) will be working next year on an updated ordinance which includes strategies on satisfying additional State laws on reporting requirements. In response to Commissioner Brassfield’s further questions Ms. Cole said the City has the ability to inspect Mills Act properties, but it is not required. Commissioner Brassfield said he is concerned with the added workload on staff and that he wanted to ensure that others knew that the program exists. He also said he would like to see that the City’s interests are covered, and if not the City Council should be made aware. Commissioner Brassfield said he is also concerned that these Mills Act properties are actually being maintained. Ms. Cole said these issues are coming forward and will be resolved through the HPC. Chair Dawson said the loss of tax revenue to the City from the program is pretty low and he would like to know the amount of revenue lost. Ms. Cole said the property owner usually sees a 40 to 60 percent tax reduction, but the City only gets less than 13 percent of the tax revenue. Public Comments None. COMMISSIONERS COMMENTS Commissioner Reed expressed concern with two Lime scooters he saw left in the public right of way within the City. He brought up the issue of an encroachment permit and business license and said he does not want to see these electric scooters left around the City. Ms. Cole said CSU Monterey Bay started the program with Lime scooters and the City Manager has directed Planning to draft an ordinance regarding electric scooters that will go forward to the City Council. Commissioner Brassfield said he saw on the news that there will be new electric bikes in the City and asked if this has been approved. Ms. Cole described the exemptions for certain bikes and ones that can be regulated under the City’s Traffic Engineering department. INFORMATIONAL REPORTS & STAFF COMMENTS Planning Commission Meeting Minutes Tuesday, November 27, 2018 5  Planning Commission Minutes Tuesday, November 27, 2018 4. Planning Office Update  Report received.  Ms. Cole said the City Council is slated to adopt findings for denial of the project at 300 Cannery Row and she can share these at the next meeting. ADJOURNMENT There being no further business, the meeting adjourned at 549 p.m. Respectfully Submitted, Approved, Elizabeth Caraker Chair Housing and Community Development Manager Planning Commission Planning Commission Meeting Minutes Tuesday, November 27, 2018 6