Planning Commission Meeting

DocuSign Envelope ID: D6C12B49-6290-4739-A9F1-CEC88686A474 MINUTES PLANNING COMMISSION October 27, 2020 4:00 PM – 5:30 PM 7:00 PM – 1100 PM TELECONFERENCE 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Brassfield, Freeman (arrived at 4:44 p.m.), Dawson, Fletcher, Latasa, Millich, Reed Commissioners Absent: None. Staff Members Present: Community Development Director Cole, City Attorney Davi, Principal Planner Flower, Senior Associate Planner Fernanda Roveri, Senior Associate Planner Chris Schmidt, Associate Planner Sabdo, Recording Secretary Cleary, Recording Secretary Ziel ***Afternoon Session Agenda*** CALL TO ORDER Chair Brassfield called the meeting to order at 4:00 p.m. Recording Secretary Ziel provided details on how to participate and provide public comment during the meeting CONSENT ITEMS Approval of Minutes 2. September 22, 2020 ACTION: Approved as submitted. On a motion by Commissioner Reed, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission approved the September 22, 2020 Minutes as submitted: AYES: 6 COMMISSIONERS: Brassfield, Dawson, Fletcher, Latasa, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Freeman ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Consider 575 Foam Street; Residential Condominium Subdivision Application for 4- Unit Condominium Project, Applicant Eric Miller; Property Owner EGM Investors LLC.; PC-LH Zoning District; Commercial General Plan Land Use Designation Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 ACTION: Approved as submitted. Staff Presentation/Commissioner Questions None. Applicant Comments DocuSign Envelope ID: D6C12B49-6290-4739-A9F1-CEC88686A474 Planning Commission Minutes Tuesday October 27, 2020 None. Commissioner Comments None. On a motion by Commissioner Reed, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission approved Residential Condominium Subdivision Application for a 4-Unit Condominium Project at 575 Foam: AYES: 6 COMMISSIONERS: Brassfield, Dawson, Fletcher, Latasa, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Freeman ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 4. Approve 2 Portola Plaza Use Permit Amendment 20-0171 to Allow Modifications to an Existing New Cingular Wireless PCS, LLC (AT&T) Wireless Facility; Applicant James Phillips, MasTec Network Solutions; Owner: Custom House Hotel, L.P. – Portola Hotel and Spa; VAF Zoning District; Commercial General Plan Designation; Exempt from CEQA per Article 19, Section 15303, Class 3 ACTION: Approved as submitted. Staff Presentation/Commissioner Questions Wireless Consultant Jerry Hittleman, with Rincon Consultants, presented the Agenda Report and answered Commissioner questions. Commissioner Latasa asked where in the rooms exposure is measured. Wireless Engineer Bill Hammett, with Hammett and Edison, explained the exposure is an average over the entire body, for someone six foot seven inches tall standing on the floor of the balcony. Mr. Hammett reiterated exposure levels will be much lower inside because of the stucco walls and dividers. Chair Brassfield asked for clarification in regard to danger. Mr. Hammett stated there is no danger, as the exposure inside the rooms will be in single-digit percent, and explained the standards are based on full-time, 24/7 exposure. Applicant Comments Mr. Hammett further explained the project proposal and answered Commissioner questions. Public Comments Planning Commission Meeting Minutes Tuesday October 27, 2020 2 DocuSign Envelope ID: D6C12B49-6290-4739-A9F1-CEC88686A474 Planning Commission Minutes Tuesday October 27, 2020 Nina Beety requested a pause in the permitting process based on disabled accommodations. Ms. Beety provided personal information and requested information on liability and insurance coverage for the project. Ms. Beety spoke in favor of project denial. Navine Albert spoke against the permit amendment on the claims that the FCC may not have involved medical experts in determining exposure limits, the FCC maximum amount is higher than RF limits in other countries, wildlife and trees may be affected by RF waves, and some individuals are sensitive to electromagnetic waves. Commissioner Comments Commissioner Reed claimed there are no grounds to deny this project because it follows all FCC standards. Chair Brassfield asked if the antenna could be moved to reduce exposure on balconies, and suggested the PC request this of the applicant, AT&T. Commissioner Millich stated that unless the topic is again continued to let AT&T address the question, he will second Commissioner Reed’s motion. Commissioner Latasa claimed he would not vote in favor of the motion based on location of antennas and RF waves beaming onto balconies or hotel rooms. Commissioner Fletcher concurred with Commissioner Reed and spoke in support of approval. Vice Chair Freeman arrived at 4:44 p.m. Commissioner Reed moved to approve. On a motion by Commissioner Reed, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission approved Use Permit Amendment 20-0171 to allow modifications to an existing New Cingular Wireless PCS, LLC (AT&T) wireless facility at 2 Portola Plaza, with findings and conditions of approval specified by Staff in the Agenda Report: AYES: 3 COMMISSIONERS: Fletcher, Millich, Reed NOES: 3 COMMISSIONERS: Brassfield, Dawson, Latasa ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Freeman RECUSED: 0 COMMISSIONERS: None Commissioner Reed voiced frustration for being stuck without a decision, citing the responsibility of the Planning Commission is specifically to examine compliance. Commissioner Latasa expressed hesitance to approve the project on the basis of safety, because RF beams seem to go directly into hotel rooms and nothing was provided to show vertical exposure. Commissioner Dawson concurred and shared concern for high RF exposure to animals and people. Chair Brassfield stated his concern is balancing the interest of citizens with industry goals. The Chair motioned to approve the project if transmitters are rotated to reduce impact on balconies. Planning Commission Meeting Minutes Tuesday October 27, 2020 3 DocuSign Envelope ID: D6C12B49-6290-4739-A9F1-CEC88686A474 Planning Commission Minutes Tuesday October 27, 2020 Commissioner Reed reiterated the intent of the PC is to determine whether the project complies with FCC, City, and State standards. The Planning Commission recessed at 5:00 p.m. and reconvened at 5:03 p.m. Christine Davi, City Attorney, explained that under procedural rules, a tie vote is the equivalent of no action, and the applicant could ask for it to be deemed approved. Chair Brassfield mentioned the applicant would like to speak and Ms. Davi suggested the Chair reopen public hearing. Chair Brassfield reopened Public Hearing. Applicant Applicant James Phillips, on behalf of AT&T, stated the antenna locations were chosen to disguise the cell sites and avoid putting cell towers in the middle of the City. Mr. Phillips further specified the selected antenna locations correspond with other cell towers that AT&T already has, and to move them would hinder the service provided. Mr. Phillips stated that every person has RF in their house and on their cell phones, and explained that MasTec staff members work in the RF, very close to emissions, every day without health issues. Chair Brassfield reopened Public Comment. Public Comment Nina Beety claimed her questions have not been answered, including the issue of health versus disability. Ms. Beety cited the Telecommunications Act, specifying ADA guarantees her access to public right of ways and this RF exposure would prevent her from using public streets. Ms. Beety asked for a legal presence to speak on disability, Telecommunications Act, and ADA. Commissioner Comments Commissioner Latasa offered to change his vote based on FCC standards, concurring with Commissioner Reed, and claimed the approval potentially creates liability for the City and the Portola Hotel. Commissioner Latasa made a motion to reconsider the previous motion. On a motion by Commissioner Latasa, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission reconsidered the previous motion made by Commissioner Reed: AYES: 6 COMMISSIONERS: Brassfield, Dawson, Fletcher, Latasa, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Freeman RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday October 27, 2020 4 DocuSign Envelope ID: D6C12B49-6290-4739-A9F1-CEC88686A474 Planning Commission Minutes Tuesday October 27, 2020 On a motion by Commissioner Reed, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission approved Use Permit Amendment 20-0171 to allow modifications to an existing New Cingular Wireless PCS, LLC (AT&T) wireless facility at 2 Portola Plaza, in accordance with findings and conditions of approval specified by Staff in the Agenda Report: AYES: 5 COMMISSIONERS: Dawson, Fletcher, Latasa, Millich, Reed NOES: 1 COMMISSIONERS: Brassfield ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Freeman RECUSED: 0 COMMISSIONERS: None 5. Consider 491 Webster Street; Application for H-2 Historic Zoning (TM 20-0192); Applicant/Owner Gregory and Rebecca Beardsley; PC-D-ES Zoning District; Exempt from CEQA per Article 19, Section 15305, Class 5 ACTION: Approved as submitted. Staff Presentation/Commissioner Questions Associate Planner Sabdo presented the Agenda Report and answered Commissioner questions. Applicant Comments Applicant Greg Beardsley provided information on the house remodel and stated his intention is to keep the historicity of the property to qualify for a Mills Act contract. Public Comments None. Commissioner Comments Commissioner Dawson claimed the integrity is lost in this building, and the changes made to this house could likely get it removed from the historic list. Vice Chair Freeman agreed, stating this house has become newer, better, and more spacious, but its historicity is questionable. Chair Brassfield agreed with previous Commissioner comments and asked what percentage of the building must remain historic for it to be considered historic. Commissioner Latasa stated that in many jurisdictions the primary consideration is the street façade, not so much the back façade, and this street façade is maintained. Commissioner Latasa spoke in support of approval because he trusts the Historic Preservation Commission and believes the project follows the Secretary of Interior Standards. Commissioner Fletcher mentioned the standard focus is on the front-facing façade and spoke in support of the project because this front-facing façade is consistent with historic standards. On a motion by Commissioner Fletcher, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission recommended the City Council approve application TM 20-0192 for H-2 Historic Zoning at 491 Webster Street: Planning Commission Meeting Minutes Tuesday October 27, 2020 5 DocuSign Envelope ID: D6C12B49-6290-4739-A9F1-CEC88686A474 Planning Commission Minutes Tuesday October 27, 2020 AYES: 6 COMMISSIONERS: Brassfield, Freeman, Fletcher, Latasa, Millich, Reed NOES: 1 COMMISSIONERS: Dawson ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None The Planning Commission recessed at 5:44 p.m. and reconvened at 7:00 p.m. ***Evening Session Agenda*** CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING (EVENING) 6. Consider 946 W. Franklin Street; Application TM-20-0206 for H-2 Historic Zoning; Applicant/Owner Laura Adame Fenwick; R-1-6 Zoning District; Exempt from CEQA per Article 19, Section 15305, Class 5 ACTION: Approved as submitted. Commissioner Dawson and Commissioner Latasa recused from this item due to proximity of owned property to the project site. Staff Presentation/Commissioner Questions Senior Associate Planner Roveri presented the Agenda Report and answered Commissioner questions. Applicant Comments Applicant Laura Fenwick was available to answer Commissioner questions. Public Comments None. Commissioner Comments Vice Chair Freeman spoke in support of the project and stated the presentation is straightforward. On a motion by Vice Chair Freeman, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission recommended City Council to approve Application TM-20-0206 for H-2 Historic Zoning at 946 W. Franklin Street: AYES: 5 COMMISSIONERS: Brassfield, Freeman, Fletcher, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 2 COMMISSIONERS: Dawson, Latasa Planning Commission Meeting Minutes Tuesday October 27, 2020 6 DocuSign Envelope ID: D6C12B49-6290-4739-A9F1-CEC88686A474 Planning Commission Minutes Tuesday October 27, 2020 7. Consider 425 Alvarado Street; Use Permit Application UP-20-0233 for a Bar Use; Applicant Mitchel Sawhney; Owner Abinante Properties LLC; PC-D (Planned Community-Downtown) Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15301, Class 1 ACTION: Approved as submitted. Staff Presentation/Commissioner Questions Senior Associate Planner Roveri presented the Agenda Report and answered Commissioner questions. Chair Brassfield asked if there is space for social distancing and Plexiglas dividers. Ms. Roveri confirmed there is. Community Development Director Cole stated bars are currently prohibited from being open. Ms. Roveri mentioned the applicant would be applying for temporary outdoor seating during the pandemic. Vice Chair Freeman asked if the applicant is aware of the competing business right next door. Commissioner Latasa suggested the Building Department would need to review and consider two exits for safety, and asked if a water release form has been granted. Ms. Roveri said Epsilon Greek Restaurant is willing to forfeit 3 seats to provide the Whiskey Club enough water credits to operate as described. Applicant Comments Applicant Mitchel Sawhney stated the owner of Hellam’s encouraged him to go next door. Mr. Sawhney answered Commissioner questions and provided information on the proposed business and its operation. Mr. Sawhney claimed neighbors have offered partnerships to supply customers with food during COVID-19 and potentially beyond. Regarding a second exit, Mr. Sawhney stated the landlord plans to subdivide the space and the back half of the old music store would be a second business, likely rendering it unnecessary to create a second exit. Commissioner Latasa reiterated Mr. Sawhney could talk to the Building Department regarding a second exit and preliminary plan review. Ms. Roveri offered to forward the plans to the Building Department. Public Comments None. Commissioner Comments Commissioner Reed stated the use is compatible with other downtown businesses and will bring people to downtown Monterey. Commissioner Dawson spoke in support of the project. On a motion by Commissioner Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission approved Use Permit Application UP-20-0233 for a bar use (tasting room) at 425 Alvarado Street, subject to findings, conditions, and standards presented by Staff and found in the Agenda Report: Planning Commission Meeting Minutes Tuesday October 27, 2020 7 DocuSign Envelope ID: D6C12B49-6290-4739-A9F1-CEC88686A474 Planning Commission Minutes Tuesday October 27, 2020 AYES: 7 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Latasa, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 8. Recommend City Council Adoption of an Ordinance Amending the City Code to Create a Definition of Cannabis and Cannabis Products (38-11), Create an Industrial Use Classification of Agricultural Testing Laboratory (Including Cannabis Testing) (38-16), Conditionally Permit Agricultural Testing Laboratory Use in I-R Zoning District (38- 40(B)), Create Supplementary Regulations for Cannabis-related Agricultural Testing Laboratories (38-41), and Exempt Licensed Cannabis Testing Laboratories (22-39); Exempt from CEQA per CA BPC 26055(h) ACTION: Approved with modifications. Staff Presentation/Commissioner Questions Ms. Cole advised this hearing will be the first of many regarding cannabis, including regulations for dispensaries, transportation, distribution, cultivation, and perhaps special events. Senior Associate Planner Schmidt presented the Agenda Report and answered Commissioner questions. Commissioner Reed asked if “open space” includes parks, and questioned the 600-foot radius from schools, suggesting testing facilities could be within the radius if State law does not specifically prohibit it. Mr. Schmidt indicated the PC can establish a buffer zone around play equipment or other areas primarily used by youth. Commissioner Dawson asked why this topic is being heard before the PC after the use has already been approved. Ms. Cole stated the Council requested the Ordinances be rewritten to specify this use does not qualify as a nuisance. Chair Brassfield inquired about State laws for health and safety regarding the disposition of testing byproducts. Commissioner Reed mentioned the State-implemented chain of custody for cannabis products and suggested adding a clause stating disposal is specified by State law. Chair Brassfield concurred. Applicant Comments None. This project has no applicants. Public Comments Scott Willard, owner of Coverton Labs, outlined the Bureau of Cannabis Control (BCC) Standard Operating Procedure (SOP) requirements and provided information regarding testing and chain of custody processes. Mr. Willard stated every employee must be background checked prior to employment. Planning Commission Meeting Minutes Tuesday October 27, 2020 8 DocuSign Envelope ID: D6C12B49-6290-4739-A9F1-CEC88686A474 Planning Commission Minutes Tuesday October 27, 2020 Chair Brassfield inquired about other agricultural testing by Coverton Labs and how cannabis samples will be disposed of. Mr. Willard explained protocols and practices for testing agricultural products other than cannabis and stated destruction method depends on what form the sample occupies. Mr. Willard elaborated that flower would be mixed with a chemical that renders it useless and cartridges will be tagged, bagged, and sent to a cannabis-specific disposal service. Zoe Carter spoke in support or approval, suggested this type of facility could provide many good-paying jobs, and stated this could aid in economic recovery. Ms. Carter encouraged the PC to get creative about how to incorporate cannabis into the community. Ms. Davi clarified that the State-mandated limitation radius does not include parks. Mr. Schmidt suggested the radius could be changed or reduced to reflect PC ideals. Commissioner Comments Commissioner Reed suggested the City reduce the 600-foot buffer and mandate only certain employees be background checked to allow for cost-effectiveness. Commissioner Reed spoke in favor of approval without high taxation, citing the importance of encouraging legality from those potentially operating unlicensed. Chair Brassfield agreed with Commissioner Reed that the issue is regulatory and not retail, and suggested parks need not be included in the ordinance unless Council requests it. Commissioner Reed asked clarifying questions about the motion and State law. Ms. Cole explained there is no State-mandated buffer from parks or residential units but State law does regulate employee background checks. Ms. Davi explained the City does not need to codify background checks that the State will require. Mr. Schmidt reiterated the 150-foot radius from residential units is not required by the State. On a motion by Commissioner Reed, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission recommended the City Council adopt an ordinance amending City Code Chapter 38, Sections 38-11, 38-16, 38-40(B), 38-41, and Chapter 22, Section 22-39(A) to create a definition of cannabis and cannabis products to create an Industrial Use classification of agricultural testing laboratory, including cannabis testing, conditionally permitted in the I-R zoning district, subject to regulations as presented and subject to changes on G-5 to remove public recreation center and public parks, remove conditions stating the establishment must not be located within 150-feet of residential use (ends at k-12), delete 6-D altogether, and add a clause stating applicants must provide the City with a list of key management employees and contact information: AYES: 6 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Millich RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday October 27, 2020 9 DocuSign Envelope ID: D6C12B49-6290-4739-A9F1-CEC88686A474 Planning Commission Minutes Tuesday October 27, 2020 9. Discuss Policy Guidance for Accessory Dwelling Units Ordinance Update to Comply with State Requirements and Policy Options (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ACTION: Item discussed; guidance provided. Staff Presentation/Commissioner Questions Ms. Cole explained this topic is being discussed to gather Commission and public input. Principal Planner Flower presented the Agenda Report and answered Commissioner questions. Commissioner Millich and Commissioner Fletcher asked about ADA requirements. Mr. Flower explained he is working with the Building Department to ensure ADA standards are followed. Commissioner Fletcher asked if zoning would change. Mr. Flower stated ADUs will remain R- 1 single-family properties. Ms. Davi confirmed regarding ADA requirements. Commissioner Millich inquired about parking. Commissioner Fletcher and Chair Brassfield expressed concern for potential parking issues. Possible solutions were deliberated. Public Comments Tom Rowley, resident of Fisherman Flats, encouraged Staff to develop incentives motivating affordable housing and included parking because Fisherman Flats has no bus stops. Mr. Rowley also stated airport safety should not be waived. Kathryn Avila spoke in support of ADUs and stated many situations exist where taller ADUs would be appropriate and fit. Ms. Avila quoted the Downtown Specific Plan from 2005 and encouraged the PC to compile objective guidelines that maintain flexibility and character. Bill Barranco stated he intends to build a carriage house on his property, to take cars off the street and provide affordable housing. Mr. Barranco urged the PC to approve and discuss further, as he aims to build an above-garage studio apartment as well. Commissioner Comments Vice Chair Freeman suggested preventing small-lot subdivision by establishing a prohibition specifying the ADU or JADU cannot be sold separate from the primary dwelling. Fletcher shared concern for the effect on single-family residential character in the neighborhoods. Commissioner Dawson spoke against ADUs, stating his Residential Estate lot with an ADU will diminish in value because it would no longer be considered an R-1 lot. Commissioner Latasa stated the only option is to change City Ordinances to reflect state law. Commissioner Reed stated the decision lies in whether to encourage or discourage ADUs in regards to the State-mandated minimum, and spoke in favor of establishing a clear set of rules with limited gray area. Planning Commission Meeting Minutes Tuesday October 27, 2020 10 DocuSign Envelope ID: D6C12B49-6290-4739-A9F1-CEC88686A474 Planning Commission Minutes Tuesday October 27, 2020 Chair Brassfield asked about a maximum height limit. Potential challenges and solutions were discussed. COMMISSIONER COMMENTS Brassfield complimented the Planning Staff on an excellent meeting. INFORMATIONAL REPORTS & STAFF COMMENTS Update received. ADJOURNMENT There being no further business, the meeting adjourned at 9:55 p.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday October 27, 2020 11