Planning Commission Meeting

DocuSign Envelope ID: 3F7087B1-F545-48B9-906A-403CB4951AEC MINUTES PLANNING COMMISSION Tuesday, October 22, 2019 4:00 PM - 5:30 PM 7:00 PM - 11:00 PM 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA COMMISSIONERS PRESENT: Brassfield, Fletcher, Freeman, Latasa, Millich COMMISSIONERS ABSENT: Dawson, Reed STAFF PRESENT: Community Development Director Cole, Housing and Community Development Manager Caraker, Principal Planner Flower, Senior Associate Planner Roveri, Recording Secretary Rose 1. Meeting Procedures CALL TO ORDER Chair Latasa called the meeting to order at 4:00 p.m. CONSENT ITEMS APPROVAL OF MINUTES 2. August 13, 2019 ACTION: Approved as submitted. On a motion by Commissioner Brassfield, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission approved the August 13, 2019 minutes as submitted AYES: 5 COMMISSIONERS: Freeman, Fletcher, Brassfield, Millich, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Dawson, Reed ABSTAIN: 0 COMMISSIONERS: None 3. August 27, 2019 ACTION: Approved as submitted. On a motion by Commissioner Fletcher, seconded by Commissioner Brassfield, and carried by the following vote, the Planning Commission approved the August 27, 2019 minutes as submitted. AYES: 5 COMMISSIONERS: Freeman, Fletcher, Brassfield, Millich, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Dawson, Reed ABSTAIN: 0 COMMISSIONERS: None DocuSign Envelope ID: 3F7087B1-F545-48B9-906A-403CB4951AEC PUBLIC COMMENTS No public comments were received. **End of Consent Agenda** **Commissioner Fletcher left the dais** PUBLIC HEARING 4. Approve 1430 Mark Thomas Drive Use Permit Amendment UP-19-0191 to Allow Modifications to an Existing Personal Wireless Service Facility; Applicant AT&T Mobility; Owner Pebble Beach Company; VAF Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15303, Class ACTION: Approved as submitted. Staff Presentation/Commissioner Questions Jerry Hittleman presented the Agenda Report and answered Commissioners’ questions. Public Comments James Phillips spoke as the applicant and discussed First Net (a network used for public safety) as the reason a modification had been requested. He explained the necessity of the amount of equipment and extent of upgrades. Nina Beetty opposed the project. She questioned the legitimacy of the data presented for the project. She claims that because of her condition of electromagnetic sensitivity she cannot be near wireless sites and requested reasonable accommodation under the Americans with Disabilities Act (ADA). Commissioner Comments Commissioner Freeman asked if the service radii depicted on Page 47 of the packet were in miles. The applicant said they were not in miles. He explained that the cell sites would broadcast at most 2.5 miles. Commissioner Latasa confirmed with Mr. Philips that the flag poles were 4G. He also asked if this site could become capable of 5G, and Mr. Phillips said it depends on which direction AT&T decides to go. Commissioner Latasa asked staff if an increase in capacity from 4G to 5G would require a separate project application, and Community Development Director Cole confirmed it would require a separate project application. Commissioner Millich said that because the project is classified as ‘6409’ (eligible facilities), the Commission must approve the request. Commissioner Millich confirmed with Mr. Hittleman that the project is 6409-eligible. Commissioner Brassfield asked if Monterey County was the client. Mr. Phillips said First Net would need to confirm who the client is. DocuSign Envelope ID: 3F7087B1-F545-48B9-906A-403CB4951AEC Commissioner Latasa asked Mr. Phillips if requests for reasonable accommodations under ADA usually come up for these projects. Mr. Philips said no, but that warning signage is usually put up for public safety reasons to ensure compliance with regulations. Commissioner Latasa said the Commission’s hands are tied when deciding on wireless equipment approvals because of federal guidelines. Commissioner Latasa said the Commission is being forced to approve these projects. On a motion by Commissioner Freeman, seconded by Commissioner Millich and carried by the following vote, the Planning Commission approved Use Permit Amendment UP-19-0191 to Allow Modifications to an Existing Personal Wireless Service Facility. AYES: 4 COMMISSIONERS: Freeman, Brassfield, Millich, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: Dawson, Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONER: Fletcher PUBLIC APPEARANCE 5. Approve 2 Upper Ragsdale Drive; Permit Amendment PA-19-0337 to Amend Planned Unit Development 01-295; Lot Line Adjustment SD-19-0279 for Resizing and Reconfiguring Parcels 2 and 5; Use Permit UP-19-0281 for a New Medical Office Building, Parking, and Development on Slopes over 25%; and Variance VA-19-0280 to Allow the Project to Exceed the 35-foot Maximum Building Height by 10 Feet; Applicant and Owner Community Hospital Properties; I-R-150-D-2 Zoning District; Industrial General Plan Designation (CEQA Initial Study with Mitigated Negative Declaration Previously Certified) ACTION: Approved as submitted. Staff Presentation/Commissioner Questions Senior Associate Planner Fernanda Roveri presented the Agenda Report and answered Commissioners’ questions. Public Comments Anthony Lombardo representing Montage Health mentioned the density of trees on site and the inability to re-plant them on site. He stressed Montage wants to be as green as possible and offered to plant trees in peoples’ backyards as a mitigation. Nina Beetty said equipment at the facility would be unsafe because of its adjacency to cell towers and that this could cause cancer. She was also opposed to the loss of open space. Mr. Lombardo said that there would be no loss of open space. Commissioner Comments Commissioner Millich said it is a superb project. Commissioner Brassfield mentioned that oak trees should be given away to residents. He commended the proposed underground parking. Commissioner Freeman said trees are given to residents in Sacramento and that it would be an interesting public gesture for the City. DocuSign Envelope ID: 3F7087B1-F545-48B9-906A-403CB4951AEC Commissioner Freeman confirmed with Mr. Lombardo that one more building is to be built on the site. Commissioner Latasa asked about the water source, and Mr. Lombardo confirmed that water was purchased to construct the project. On a motion by Commissioner Brassfield, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission adopted a resolution approving Permit Amendment PA- 19-0337 to Amend Planned Unit Development 01-295; Lot Line Adjustment SD-19-0279 for Resizing and Reconfiguring Parcels 2 and 5; Use Permit UP-19-0281 for a New Medical Office Building, Parking, and Development on Slopes over 25%; and Variance VA-19-0280 to Allow the Project to Exceed the 35-foot Maximum Building Height by 10 Feet. AYES: 4 COMMISSIONERS: Freeman, Brassfield, Millich, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: Dawson, Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONER: Fletcher Chair Latasa adjourned the afternoon session at 5:15 p.m. RECONVENE ***Evening Session Agenda*** 7:00-11:00 p.m. Chair Latasa called the evening session to order at 7:00 p.m. Continued Public Comments Pat Venza spoke about not wanting the Wireless Subcommittee to be dissolved. Luis Osorio spoke about the housing crisis in California. He said the community should be more proactive. 6. Recommend that the City Council Amend the Old Capitol Site General Plan Designation from Very Low Density Residential to Parks and Open Space and Zoning from Planned Community to Open Space and Determine that the General Plan is Consistent with the Proposed Land Dedication (Negative Declaration Proposed). ACTION: Approved as submitted. Staff Presentation/Commissioner Questions: Community Development Director Kimberly Cole presented the Agenda Report and answered Commissioners’ questions. Public Comments Mark Stillwell spoke about the Old Capitol Site and the history of the site. Luis Osorio commented on issues related to the label of Negative Declaration. He said housing on the site would not be feasible to develop. DocuSign Envelope ID: 3F7087B1-F545-48B9-906A-403CB4951AEC Bob Faulis said just because the site is offered that it does not mean it is a good idea to accept the offer. He wanted low-income housing considered for the site and hiking trails added. Lee Whitney spoke in favor of the proposed acquisition. She expressed concern about the homeless in the area and the risk of fires. She said the City needs affordable housing and that there is still a need for open space as well. Chip Bates urged the approval of the Negative Declaration of this site and offered a personal account of its significance. David Hughes urged the approval of the Negative Declaration for this site. Sonya Villalobos said an open space area would be of great benefit to kids as an opportunity to learn about nature and animals. Pat Venza said the site should include affordable housing. Susan Nine proposed having a field trip for the public to see the Old Capitol site. She was concerned that the City is in a fiscal crisis and wants to know how the homeless situation will be mitigated. Dave Potter said open space is the best designation for the site. He also shared the history of many previous decisionmakers working to preserve the Old Capitol site. Mike Pekin said the City needs to look at the housing crisis and that the Planning Commission is the steward for the City. Deborah Buonaguidi talked about homeless encampments on the site and the amount of fire pits on the site. She would like to see the site preserved. Jesus Morales wanted to consider a dual purpose for both housing and open space and said that open space would attract more homeless. Safwat Malek wanted the site to be used for affordable housing. Commissioner Comments: Commissioner Brassfield said after listening to the public comments that he was challenged when thinking about a specific plan for open space. Commissioner Brassfield said there should be a mechanism to talk about the use of the site. He asked Ms. Cole if there were issues with easement up to Hospice Center (Westland House). Ms. Cole said there were essentially no issues. Commissioner Brassfield said that the parcel is more for the view rather than trying to make it a mixed-purpose parcel. Commissioner Latasa said the next two items on the agenda address housing shortage and that the Old Capitol Site is not the only solution available for affordable housing. On a motion by Commissioner Millich, seconded by Commissioner Freeman, and carried by the following vote, the Planning Commission approved resolutions adopting the Negative Declaration, amending the General Plan land use designation from Very Low Density Residential to Parks and Open Space, amending the Zoning designation from Planned Community to Open Space and determining the proposed land dedication of the Old Capitol Site is consistent with the General Plan. DocuSign Envelope ID: 3F7087B1-F545-48B9-906A-403CB4951AEC AYES: 4 COMMISSIONERS: Freeman, Brassfield, Millich, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Dawson, Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONER: Fletcher **Commissioner Fletcher returned to the dais** 7. Recommend that the City Council Amend the Downtown Specific Plan to Establish a Density Cap Overlay and Apply to a 7.4-Acre Area Bounded by Franklin, Figueroa, Del Monte, and Camino El Estero to: 1) Allow Density to be Calculated Collectively Among Certain Parcels to Not Exceed 30 Dwelling Units Per Acre; and, 2) Increase Allowable Height to Four Stories; Exempt from CEQA per Section 65457 and CEQA Guidelines Section 15182 ACTION: Approved as submitted. Staff Presentation/Commissioner Questions Principal Planner Ande Flower presented the Agenda Report and answered Commissioners’ questions. Public Comments Luis Osorio said the Downtown Specific Plan is a far cry from the 1990s Downtown Plan. He said there was no need to amend specific plan. Curt Tipton said there is still a need to provide parking for automobiles and to look into the street grid’s capacity to handle increased traffic. Dan Silverie wanted to present 591 E. Franklin as a case study since it is in the subject area. He mentioned the cost associated with underground parking in housing developments. He wanted to know where parking will be for the extra 4th story proposed in structures. Bob Faulis talked about a generational change in attitude to cars and mixed use and how it would shape the neighborhood landscape. Commissioner Comments Commissioner Freeman said that because these changes are not coming all at once that she supports the amendment. Commissioner Fletcher said he had no issues with what is being proposed. Commissioner Millich said there could be an agreement arranged between residential complexes and parking garages to park at a monthly rate as a solution to a parking shortage. Commissioner Brassfield said it is important for Commissioners to be flexible. He noted the subject area’s flat topography and historic significance and said he will support the motion. Commissioner Latasa commended staff’s diligence with the project. DocuSign Envelope ID: 3F7087B1-F545-48B9-906A-403CB4951AEC On a motion by Commissioner Millich, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission adopted a resolution recommending that the City Council amend the Downtown Specific Plan to establish a density cap overlay and apply to a 7.4- Acre area bounded by Franklin, Figueroa, Del Monte, and Camino El Estero to: 1) Allow density to be calculated collectively among certain parcels to not exceed 30 dwelling units per acre; and, 2) Increase allowable height to four stories AYES: 5 COMMISSIONERS: Brassfield, Fletcher, Freeman, Millich, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Dawson, Reed ABSTAIN: 0 COMMISSIONERS: None 8. Recommend that the City Council Amend Multifamily Residential Overlay District City Code Section 38-99.6 to Clarify Density Requirements and Remove the Requirement for a Use Permit; and, Section 38-99.7 to Remove Covered Parking Requirements and to Add Site Design Standard for Tree Protection; Exempt from CEQA per Article 19, Section 15305, Class 5 ACTION: Approved as submitted. Staff Presentation/Commissioner Questions Principal Planner Ande Flower presented the agenda report and answered Commissioners’ questions. Public Comments Brad Slama, owner of 2600 and 2000 Garden Road, talked about the setbacks on his properties and the infeasibility of covered parking. Doug Roberts said he is working with Mr. Slama on the 2600 Garden Road project. He said parking is constrained because of topography. He made suggestions to adjust the language of the tree provision. Safwat Malek said he is working with the 2560 Garden Road applicant to make the project a success. Commissioner Comments Commissioner Fletcher said the covered parking is not as clean as he would like to see it and that this creates two different standards for a period of time that could create future problems. Commissioner Millich said that ‘shall’ is enforceable, ‘should’ is not enforceable when it comes to wording. Commissioner Brassfield said he does not like to see a two-tiered system for residential parking. He said he has a real problem with the parking guidelines. Commissioner Latasa asked Ms. Flower for clarification about Senate Bill 2’s (SB2) influence on this item. He said if state law preempts local law in this situation, he would support the project as it is worded. Commissioner Brassfield said he would capitulate if this aforementioned preemption were the case. DocuSign Envelope ID: 3F7087B1-F545-48B9-906A-403CB4951AEC 1. On a motion by Commissioner Fletcher, seconded by Commissioner Freeman, and carried by the following vote, the Planning Commission adopted a resolution recommending the City Council adopt an ordinance amending the Multifamily Residential Overlay District: 1. Section 38-99.6 to clarify density requirements and remove the requirement for a use permit; and, 2. Section 38-99.7 to remove covered parking requirements and to add site design standard for tree protection. AYES: 5 COMMISSIONERS: Brassfield, Fletcher, Freeman, Millich, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Dawson, Reed ABSTAIN: 0 COMMISSIONERS: None COMMISSIONER COMMENTS Commissioner Brassfield hopes to give an update on League of California Cities. Commissioner Latasa mentioned the parking garage project on Highway 68 and wants staff to look into required screening from the highway. INFORMATIONAL REPORTS & STAFF COMMENTS 9. Planning Office Update No Planning Office updates. ADJOURNMENT There being no further business, Chair Latasa adjourned the meeting at 10:24 p.m. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Community Development Director Planning Commission