Planning Commission Meeting

DocuSign Envelope ID: 8F387362-BDD2-475A-9F04-58B11E650563 MINUTES PLANNING COMMISSION May 11, 2021 4:00 PM – 5:30 PM 7:00 PM – 11:00 PM TELECONFERENCE 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Brassfield, Freeman, Dawson, Fletcher, Latasa, Millich (left at 8:15 p.m.), Reed Commissioners Absent: None Staff Members Present: Community Development Director Cole, Associate Planner Sabdo, Recording Secretary Cleary, Administrative Assistant Ziel ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER Chair Brassfield called the meeting to order at 4:00 p.m. Administrative Assistant Ziel provided information on how to participate and provide public comment live during the meeting. CONSENT ITEMS Approval of Minutes 2. April 27, 2021 ACTION: Approved as submitted. On a motion by Commissioner Reed, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission approved the April 27, 2021 Minutes as submitted: 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 PUBLIC COMMENTS None. ***End of Consent Agenda*** PUBLIC HEARING DocuSign Envelope ID: 8F387362-BDD2-475A-9F04-58B11E650563 Planning Commission Minutes Tuesday May 11, 2021 3. Consider 500 Hartnell Street; Approval of Use Permit 21-0004 to Allow a Restaurant- Major, a New Full-Service Restaurant and Bar with Type 47 Liquor License, at the Historic Stokes Adobe; Applicant Sarah Orr, Sunset Hospitality Group Inc.; Owner Martin Boone, Omni/Orbis Financial; General Plan Designation Commercial; PC-D-H1 Zoning District; Exempt from CEQA per Article 19, Section 15301, Class 1 and Section 15303, Class 3 ACTION: Approved Use Permit 21-0004 to Allow a Restaurant-Major – a New Full- Service Restaurant and Bar with Type 47 Liquor License – at the Historic Stokes Adobe, 500 Hartnell Street. Staff Presentation/Commissioner Questions Associate Planner Sabdo presented the Agenda Report and answered Commissioner questions. Applicant Applicants Sarah Orr and Peter Orr answered Commissioner questions. Chair Brassfield asked if exterior work was done at the site. Ms. Orr explained no significant exterior work had occurred. Public Comments Tom Rowley expressed appreciation for reopening a restaurant in this location and spoke in support of approval. Commissioner Comments Commissioner Latasa spoke in support of approval, welcoming the applicants and wishing them the best. Commissioner Reed spoke in support of the project, concept, and use of the site. Commissioner Reed moved to approve as submitted. On a motion by Commissioner Reed, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission approved Use Permit 21-0004 to allow a restaurant- major – a new full-service restaurant and bar with type 47 liquor license – at the historic Stokes Adobe, 500 Hartnell Street pursuant to the findings, conditions, and resolution presented in the Agenda Packet: 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 Planning Commission Meeting Minutes Tuesday May 11, 2021 2 DocuSign Envelope ID: 8F387362-BDD2-475A-9F04-58B11E650563 Planning Commission Minutes Tuesday May 11, 2021 4. Consider 552 Webster Street; Certification of Mitigated Negative Declaration and Approval of Use Permit 20-0252 to Demolish the Existing Gymnasium/Social Hall (3,100 sq.ft approximately) and Replace the Building with a New Gymnasium (8,796 sq.ft. first floor and 2,800 sq.ft. second floor = 11,600 total sq.ft.) The existing parking lot will be re- striped. Applicant Paul Davis, The Paul Davis Partnership; Owner Catholic Diocese of Monterey; Planned Community Downtown and Emergency Shelter Overlay Zoning District; Commercial General Plan Land Use Designation ACTION: Certified Mitigated Negative Declaration and Approved Use Permit 20-0252 to Demolish the Existing Gymnasium/Social Hall (3,100 sq.ft approximately) and Replace the Building with a New Gymnasium (8,796 sq.ft. first floor and 2,800 sq.ft. second floor = 11,600 total sq.ft.) at 552 Webster Street. The existing parking lot will be re-striped. Staff Presentation/Commissioner Questions Community Development Director Cole presented the Agenda Report and answered Commissioner questions. Vice Chair Freeman asked if the new building would sit on foundation piers. Ms. Cole described that the new structure would be built on fill. Chair Brassfield asked about parking requirements. Ms. Cole stated the site would retain parking. Chair Brassfield noted there was a high amount of support letters received for this project. Applicant Project Architect Paul Davis presented the project proposal and provided details. Commissioner Latasa asked why metal is proposed instead of a more traditional roofing material. Mr. Davis explained the goal was to lighten loads for a solid foundation but the applicant is willing to work with the Architectural Review Committee (ARC) on design. Public Comments Adjacent neighbors, Bob and Melissa Mannix, requested shielding from existing lighting and restricted future athletic field lighting. Mr. Mannix suggested that local parking is not drastically impacted aside from school events, but requested the gymnasium’s primary entrance and exit be moved for better traffic flow. John Pope, parent of San Carlos students, thanked staff for their efforts and the public for providing comments. Mr. Pope spoke in support to provide a better facility for students. In response to Mr. Mannix, San Carlos School Principal Teresa Bennett suggested the goal is to improve the current space to make it safer without increasing activity or traffic flow there, and specified the site will not be opened for an increase in activity outside of school functions. Commissioner Comments Planning Commission Meeting Minutes Tuesday May 11, 2021 3 DocuSign Envelope ID: 8F387362-BDD2-475A-9F04-58B11E650563 Planning Commission Minutes Tuesday May 11, 2021 Chair Brassfield asked for clarification regarding the lighting plans. Ms. Cole explained that there will be opportunity to examine new lighting. Vice Chair Freeman commended the design and spoke in support of the project, citing the need for upgrades and seemingly low impact to neighbors. Commissioner Fletcher agreed, sharing similar reasons for support. Commissioner Latasa spoke in support of the project design and expressed hope for ARC to consider lighting and closely examine roofing material. Chair Brassfield provided personal history at the site and spoke in support of approval. On a motion by Commissioner Reed, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission certified Mitigated Negative Declaration pursuant to findings and conditions as presented in the Agenda Packet: 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 Commissioner Reed motioned for approval of the Use Permit. Commissioner Latasa requested specific conditions of approval be added. Commissioner Reed amended the motion to include the conditions, shown below. On a motion by Commissioner Reed, seconded by Commissioner Millich and carried by the following vote, the Planning Commission approved Use Permit 20-0252 to demolish the existing gymnasium/social hall (3,100 sq.ft approximately) and replace the building with a new gymnasium (8,796 sq.ft. first floor and 2,800 sq.ft. second floor = 11,600 total sq.ft.) at 552 Webster Street pursuant to findings and conditions as presented, to include examination of lighting and roofing material by Architectural Review Committee: 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 The Planning Commission recessed at 5:12 p.m. and reconvened at 7:00 p.m., with all Commissioners present. ***Evening Session Agenda*** Planning Commission Meeting Minutes Tuesday May 11, 2021 4 DocuSign Envelope ID: 8F387362-BDD2-475A-9F04-58B11E650563 Planning Commission Minutes Tuesday May 11, 2021 CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING (EVENING) 5. Consider 200 Glenwood Circle Use Permit Amendment 21-0023 to Allow Modifications to an Existing AT&T Wireless Facility; Applicant Leah Hernikl, J5 Infrastructure Partners; Owner: P Monterey, LP; Planned Community Zoning District; Medium Density Residential General Plan Designation; Exempt from CEQA per Article 19, Section 15303, Class 3 ACTION: Approved Use Permit Amendment 21-0023 to Allow Modifications to an Existing AT&T Wireless Facility at 200 Glenwood Circle. Staff Presentation/Commissioner Questions Community Development Director Cole provided background information. City consultant, Jerry Hittleman, presented the Agenda Report and answered Commissioner questions. Commissioner Reed asked about exposure levels at a construction site adjacent to the property. Mr. Hittleman confirmed the Radio Frequency (RF) report conducted found no significant impacts to the future construction site. Commissioner Latasa asked about exposure levels on the top floor. Mr. Hittleman explained RF emissions hit the roof but are blocked by it. Commissioner Fletcher asked clarifying questions regarding size and depth of the antennas. Mr. Hittleman explained the new equipment is larger because of increased data and phone needs of the public. Chair Brassfield asked if antennas could be rotated to improve aesthetics. Applicant Applicant Leah Hernikl provided reasons for the proposal, including improving equipment, relocating antennas, and upgrading to the First Responder Network Authority (FirstNet). Ms. Hernikl explained the antennas are horizontally oriented to maintain coverage and join the FirstNet network. Commissioner Fletcher asked clarifying questions regarding the new equipment and how it compares to previous equipment. Ms. Hernikl and Raj Mathur, with Hammitt and Edson, provided details. Chair Brassfield asked if the antennas could be camouflaged. Ideas and challenges were discussed. Commissioner Dawson shared concern for noise pollution coming from the roof. Ms. Hernikl explained a noise analysis was performed and found no significant impacts. Commissioner Fletcher indicated that the structure is concrete and would likely not transmit sounds. Planning Commission Meeting Minutes Tuesday May 11, 2021 5 DocuSign Envelope ID: 8F387362-BDD2-475A-9F04-58B11E650563 Planning Commission Minutes Tuesday May 11, 2021 Alex Orner, Senior Project Manager with J5 Infrastructure Partners explained that the boxes were designed to be as visually unobtrusive as possible and described adjustments made to reduce electromagnetic energy (EME) levels. Commissioner Latasa asked if there is any consideration of ARC review of the aesthetic change. Ms. Cole explained that PC review is the final review. Commissioner Reed asked to what extent aesthetics can be considered. Ms. Cole stated aesthetics are the only consideration cities have with wireless facilities if they comply with regulations. Mr. Hittleman explained that the Municipal Code specifies antennas must be shrouded, which is proposed. Public Comments Nina Beety requested additional time to comment and requested project denial. Ms. Beety provided claims for these requests, citing concerns for insurance, safety, project location, impacts to wildlife, accessibility requirement compliance, and access to Highway 101. Ms. Beety reiterated her request for denial. Commissioner Comments Commissioner Reed requested that City Staff comment regarding the Americans with Disabilities Act (ADA) and where the Telecommunications Act and ADA intersect. Commissioner Latasa shared concerns regarding project aesthetics. Vice Chair Freeman mentioned one public comment claimed improved service is needed inside the building, and spoke in support of approval based on similarities to previous projects. Commissioner Dawson spoke in support of approval, explaining that Staff and the applicants have met all requirements. Commissioner Fletcher suggested a preference to see the plans without the screening and requested explanation regarding the Telecommunications Act and ADA. Chair Brassfield explained legislation was recently passed allowing 5G and limiting power of the Planning Commission. The Chair expressed appreciation for comments made by Applicants, Commissioners, and Ms. Beety. On a motion by Commissioner Reed, seconded by Commissioner Dawson and carried by the following vote, the Planning Commission approved Use Permit Amendment 21-0023 to allow modifications to an existing AT&T Wireless facility at 200 Glenwood Circle, pursuant to findings and conditions as presented: AYES: 6 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Millich, Reed NOES: 1 COMMISSIONERS: Latasa ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday May 11, 2021 6 DocuSign Envelope ID: 8F387362-BDD2-475A-9F04-58B11E650563 Planning Commission Minutes Tuesday May 11, 2021 6. Consider 1425 Munras Avenue Use Permit Amendment 21-0037 to Allow Modifications to an Existing T-Mobile Wireless Facility; Applicant Sally Davary, Synergy Advantage Engineers; Owner: Ratan NP, LP – Red Lion Hotel; VAF Zoning District; Commercial General Plan Designation; Exempt from CEQA per Article 19, Section 15303, Class 3 ACTION: Approved Use Permit Amendment 21-0037 to allow modifications to an existing T-Mobile Wireless facility at 1425 Munras Avenue, with an added 3- foot setback requirement from the property line. Staff Presentation/Commissioner Questions Commissioner Millich recused from this item and exited the Zoom meeting at 8:15 p.m. due to proximity of owned property to the project site. Community Development Director Cole introduced the item. City consultant, Jerry Hittleman, presented the Agenda Report and answered Commissioner questions. Chair Brassfield asked if a new cell tower is being proposed. Mr. Hittleman clarified the proposal is for an emergency generator. Commissioner Latasa asked what the project site is zoned. Ms. Cole stated the site is zoned Visitor Accommodation Facility (VAF). Commissioner Latasa asked what the setback requirements are. Ms. Cole reported a 10-foot setback is required for visitor accommodation facilities in the VAF District. Applicant Thomas Kable, with Synergy Wireless Solutions on behalf of T-Mobile, provided further information regarding the proposal and equipment. Representing T-Mobile, Rodrigo de la Rosa shared information about California General Assembly Bill 2421 in regards to wireless facility regulations in the State. Chair Brassfield asked if the proposed power equipment meets the rules for construction emissions. Ms. Cole explained one Condition of Approval is that the applicant must check in with the Air Pollution Control District, which regulates generators. Ms. Cole clarified the minimum required setback is 10 feet for Limited Occupancy VAF. Public Comments None. Commissioner Comments Commissioner Fletcher claimed the application is straightforward but requested the generator be three feet from the property line as is allowed in other commercial zones for accessory structures. Commissioner Dawson stated the project idea is a good one. Commissioner Latasa agreed and moved to approve, adding a requirement for a three-foot setback. Planning Commission Meeting Minutes Tuesday May 11, 2021 7 DocuSign Envelope ID: 8F387362-BDD2-475A-9F04-58B11E650563 Planning Commission Minutes Tuesday May 11, 2021 Chair Brassfield indicated that the voters voted to put a wider distance between the property line and a structure. Commissioner Latasa suggested that there is a zoning rationale for adding the three-foot setback requirement based on the accessory structures requirements. On a motion by Commissioner Latasa, seconded by Vice Chair Freeman and carried by the following vote, the Planning Commission approved Use Permit Amendment 21-0037 to allow modifications to an existing T-Mobile Wireless facility at 1425 Munras Avenue with a 3-foot setback from the property line: AYES: 6 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Millich 7. Consider Appeal of 426 Cortes Street; AP-20-0274 Appealing the Historic Preservation Commission Denial (Resolution H20-016) of HP-20-0231 to Remove the Property from the Downtown Area Historic Context Statement and Reconnaissance Survey List; Appellant Kyle Chernetsky; Owner Monterey PM Investments LLC; PC-D-ES Zoning District; Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15305, Class 5 ACTION: Continued item to May 25, 2021. Staff Presentation/Commissioner Questions Community Development Director Cole explained that the applicant and appellant for items 7 and 8, at 426 and 430 & 432 Cortes Street respectively, had requested a continuance. Public Comments None. Commissioner Comments None. On a motion by Commissioner Fletcher, seconded by Commissioner Latasa and carried by the following vote, the Planning Commission continued item 7 at 426 Cortes Street and item 8 at 430 & 432 Cortes Street to the May 25, 2021 Planning Commission meeting: AYES: 6 COMMISSIONERS: Brassfield, Freeman, Dawson, Fletcher, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Millich ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday May 11, 2021 8 DocuSign Envelope ID: 8F387362-BDD2-475A-9F04-58B11E650563 Planning Commission Minutes Tuesday May 11, 2021 8. Consider Appeal of 430 & 432 Cortes Street; AP-20-0275 Appealing the Historic Preservation Commission Denial (Resolution H20-017) of HP-20-0232 to Remove the Property from the Downtown Area Historic Context Statement and Reconnaissance Survey List; Appellant Kyle Chernetsky; Owner Monterey PM Investments LLC; PC-D-ES Zoning District; Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15305, Class 5 ACTION: Discussed with item 7; continued to May 25, 2021. INFORMATIONAL REPORTS & STAFF COMMENTS Update received. COMMISSIONER COMMENTS Chair Brassfield inquired about refining the application process for wireless facilities and requested commentary on the intersection of ADA and FCC rules. ADJOURNMENT There being no further business, the meeting adjourned at 9:01 p.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday May 11, 2021 9