Planning Commission Meeting

DocuSign Envelope ID: 308AB114-3DFE-47B9-99D5-CED9104BCCFF M INUTES PLANNING COMMISSION CITY OF MONTEREY April 12, 2022 4:00 PM-5:30 PM 7:00 PM-11:00 PM COUNCIL CHAMBER AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Commissioners Present: Freeman* (appeared in person for evening session), Reed* (present for afternoon session only), Brassfield (arrived at 5: 12 p.m.), Dawson*, Fletcher*, Latasa, Millich* * Participated remotely by videoconference Commissioners Absent: Reed (absent from evening session only) Staff Members Present: Community Development Director Cole, Deputy City Attorney Wellisch, Principal Planner Roveri, Associate Planner Buggert, Housing Analyst Leonard, Administrative Assistant Cleary ***Afternoon Session Agenda*** 4:00 p.m.-5:30 p.m. CALL TO ORDER Chair Freeman called the meeting to order at 4:00 p.m. Administrative Assistant Cleary provided information to the public on how to participate and provide public comment during the meeting. PUBLIC COMMENTS None. CONSENT ITEMS Approval of Minutes 2. March 8, 2022 ACTION: Approved as submitted. Vice Chair Reed made a motion to approve the minutes as submitted. Commissioner Dawson seconded the motion. Commissioner Latasa abstained from voting on the minutes due to his absence from the March 8, 2022 meeting. On a motion by Commissioner Reed, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission approved the March 81 2022 Minutes as submitted: AYES: 5 COMMISSIONERS: Freeman, Reed, Dawson, Fletcher, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Brassfield DocuSign Envelope ID: 308AB114-3DFE-47B9-99D5-CED9104BCCFF Planning Commission Minutes Tuesday April 12, 2022 ABSTAIN: 1 COMMISSIONERS: Latasa RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC HEARING 3. Recommend that the City Council Adopt the 2022/2023 Annual Action Plan for Community Development Block Grant Funds and Authorize Submittal to the U.S. Department of Housing and Urban Development (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26) ACTION: Adopted a resolution recommending that the City Council adopt the 2022/2023 Annual Action Plan for Community Development Block Grant funds and authorize submittal to the U.S. Department of Housing and Urban Development. Staff Presentation/Commissioner Questions Housing Analyst Leonard presented the Agenda Report and answered Commissioner questions. Public Comments None. Commissioner Comments Commissioner Reed said he had the honor of participating in the subcommittee along with Chair Freeman. He said it is a true pleasure being a Planning Commissioner and that the program does so much good for the community. He recommended that all Planning Commissioners participate in the subcommittee at least once. Chair Freeman said the social service agencies do so much for the community. She noted that one of the projects funded this year is a new kitchen for Meals on Wheels. Commissioner Millich made a motion to adopt a resolution recommending that the City Council adopt the 2022/2023 Annual Action Plan for Community Development Block Grant funds and authorize submittal to the U.S. Department of Housing and Urban Development. Commissioner Fletcher seconded the motion. 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 adopt the 2022/2023 Annual Action Plan for Community Development Block Grant funds and authorize submittal to the U.S. Department of Housing and Urban Development: AYES: 6 COMMISSIONERS: Freeman, Reed, Dawson, Fletcher, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Brassfield Planning Commission Meeting Minutes Tuesday April 12, 2022 2 DocuSign Envelope ID: 308AB114-3DFE-47B9-99D5-CED9104BCCFF Planning Commission Minutes Tuesday April 12, 2022 ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. Recommend City Council Approval of Application TM-21-0187 to Amend Monterey City Code Chapter 38 Section 38-15 to Establish a Bicycle/Equipment Rentals Use Classification and Section 38-44 to Add Bicycle/Equipment Rentals as a Principally Permitted Use in the Open Space Zoning District and Amend the Lighthouse Specific Plan and the Downtown Specific Plan to Allow Bicycle/Equipment Rentals as a Principally Permitted Use; Applicants Mark Marquez and Joaquin Sullivan; Exempt from CEQA per Article 19, Section 15305, Class 5 ACT/ON: Adopted resolutions 1) Recommending City Council adoption of an ordinance amending Monterey City Code Chapter 38 Section 38-15 to establish a Bicycle/Equipment Rentals Use Classification and Section 38-44 to add Bicycle/Equipment Rentals as a principally permitted use in the O District; 2) Recommending that the City Council amend the Lighthouse Specific Plan to allow Bicycle/Equipment Rentals; and 3) Recommending that the City Council amend the Downtown Specific Plan to allow Bicycle/Equipment Rentals with added Conditions of Approval. Staff Presentation/Commissioner Questions Associate Planner Buggert presented the Agenda Report and answered Commissioner questions. Community Development Director Cole also answered Commissioner questions. Applicant Associate Planner Buggert said the applicants were available for questions but would not be making a formal presentation. Public Comments Local bicycle rental shop owner Michele Knight said electric bicycle (e-bike) rentals should not be principally permitted and should instead be subject to a use permit. She suggested principally permitting e-bike rentals could result in rental shops being placed in inappropriate and hazardous locations and highlighted concerns both City of Pacific Grove Police and the Pebble Beach Company have raised with e-bikes. Commissioner Comments Commissioner Dawson said when using the Recreation Trail he often fears being injured by an e-bike due to their high speed. Commissioner Fletcher said e-bikes can be dangerous and a use permit process could ensure the City is doing everything possible to highlight the importance of safety. He also said that there is currently minimal policing to ensure that rules are followed on the Recreation Trail and that a use permit would allow for accountability if problems arise. Vice Chair Reed said the proposal is substantially better than what was presented at the prior meeting. He said his concern is bikes with a throttle as they provide a different experience than pedal assist bikes. He said he would like to see approval for Class One bicycles only and not Class Two or Class Three bicycles. Planning Commission Meeting Minutes Tuesday April 12, 2022 3 DocuSign Envelope ID: 308AB114-3DFE-47B9-99D5-CED9104BCCFF Planning Commission Minutes Tuesday April 12, 2022 Chair Freeman said there is nothing stopping someone from bringing a Class Two or Class Three bicycle into the City to ride and that the business owners are not responsible for policing. Commissioner Latasa said he echoes the caution he hears from the other Commissioners and thinks requiring a use permit would be the smartest option. Vice Chair Reed said he would support Class One bikes being principally permitted and suggested including a Condition of Approval stating Class Two and Class Three are excluded. Commissioner Dawson asked if data is available regarding e-bike accidents on the Recreation Trail. Associate Planner Buggert said the Agenda Report did not include that information. Principal Planner Roveri said she has discussed this with the City Traffic Engineer and learned it is difficult to log bicycle accidents on the Recreation Trail. Vice Chair Reed and Commissioner Millich discussed whether restricting e-bikes on the Recreation Trail is part of the current application. They also discussed the significance of being able to ride at a speed of 20 miles per hour and whether that is a dangerous speed. Vice Chair Reed made a motion to adopt resolutions 1) Recommending City Council adoption of an ordinance amending Monterey City Code Chapter 38 Section 38-15 to establish a Bicycle/Equipment Rentals Use Classification and Section 38-44 to add Bicycle/Equipment Rentals as a principally permitted use in the O District; 2) Recommending that the City Council amend the Lighthouse Specific Plan to allow Bicycle/Equipment Rentals; and 3) Recommending that the City Council amend the Downtown Specific Plan to allow Bicycle/Equipment Rentals with added Conditions of Approval as follows: • Approval applies to regular bicycles and Class One electric bicycles only; • Class Two bicycles include the presence of a throttle, which constitutes a significant enough difference from pedaling and therefore should not be allowed. Commissioner Fletcher seconded the motion. Commissioner Latasa said he would support the motion as it seems to reduce the safety risks significantly. On a motion by Vice Chair Reed, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission adopted resolutions 1) Recommending City Council adoption of an ordinance amending Monterey City Code Chapter 38 Section 38-15 to establish a Bicycle/Equipment Rentals Use Classification and Section 38-44 to add Bicycle/Equipment Rentals as a principally permitted use in the O District; 2) Recommending that the City Council amend the Lighthouse Specific Plan to allow Bicycle/Equipment Rentals; and 3) Recommending that the City Council amend the Downtown Specific Plan to allow Bicycle/Equipment Rentals with the added Conditions of Approval as specified: AYES: 5 COMMISSIONERS: Freeman, Reed, Dawson, Fletcher, Latasa NOES: 1 COMMISSIONERS: Millich ABSENT: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday April 12, 2022 4 DocuSign Envelope ID: 308AB114-3DFE-47B9-99D5-CED9104BCCFF Planning Commission Minutes Tuesday April 12, 2022 ABSTAIN: 1 COMMISSIONERS: Brassfield RECUSED: 0 COMMISSIONERS: None ***End of Afternoon Session Agenda*** RECESS 5:30 p.m. The Planning Commission recessed at 5:17 p.m. and reconvened at 7:06 p.m. with Vice Chair Reed absent. ***Evening Session Agenda*** 7:00 p.m. - 11:00 p.m. CONTINUED PUBLIC COMMENTS Nina Beety expressed concern with the City's apparent lack of transparency and public input in creating the Compatible Use Plan, AT&T denying her request for information on the fiber optic program being installed in the neighborhoods, the FAA update and the Airport District not taking an aggressive stand on whether or not airport operations will be affected, and the cell facility that was installed on Navy Land near Del Monte Beach without public notification. Ms. Beety provided the Planning Commission with written information regarding these issues. PUBLIC HEARING (EVENING) 5. Consider 600, 650 and 662 Hawthorne Street Use Permit Amendment 22-0032 to Allow Modifications to an Existing Wireless Facility; Applicant Michele Vernotico, General Dynamics Information Technology Inc. on behalf of New Cingular Wireless PCS LLC (AT&T Mobility); Property Owner: First Baptist Church of Monterey c/o Nathan M. Rehn; R-3 Zoning District; Residential - Medium Density General Plan Designation; Exempt from CEQA per Article 19, Section 15303, Class 3 ACTION: Adopted a resolution approving Use Permit amendment 22-0032 to allow modifications to an existing wireless facility at 600, 650 and 662 Hawthorne Street with added Conditions of Approval. Staff Presentation/Commissioner Questions Community Development Director Cole introduced the item then City Consultant Jerry Hittleman presented the Agenda Report and answered Commissioner questions. Applicant Applicant Michele Vernotico said AT&T is willing to work with the church to find the most ideal time to start the generator each day. She also said that the proposed generator is the same model that has been used across the nation for AT&T's FirstNet program and the best generator to support the wireless system. Ms. Vernotico said the State does not allow wireless companies to use natural gas for the generator and offered to provide a written response from Planning Commission Meeting Minutes Tuesday April 12, 2022 5 DocuSign Envelope ID: 308AB114-3DFE-47B9-99D5-CED9104BCCFF Planning Commission Minutes Tuesday April 12, 2022 AT&T on the use of diesel instead of natural gas. She also said that since the proposed generator is under 50 horsepower it is exempt from air quality permitting. Public Comments Mike Bekker of Foursome Development and the Cannery Row Company, speaking on behalf of the neighboring apartment complex, said he is not opposed to an emergency generator as long as it is not built sub-standardly. Mr. Bekker discussed the causes of noise from a generator and expressed concern with the lack of insulation inside the block wall or on the door. He also requested that the gate not face the apartments, that a roof be added, and that the testing be done between 11:00 a.m. and 12:00 p.m. each day instead of between 7:00 a.m. and 8:00 a.m. Commissioner Comments Commissioner Latasa said Mr. Bekker provided a compelling comment on behalf of the apartment building that will be most impacted by the project and suggested asking the applicant to add a roof and insulation to the project. Commissioner Millich asked if the block wall must be 12 feet high and whether sound attenuation would occur within that space. Also, he inquired if the facility could have a roof. Ms. Cole said the generator is eight feet tall and the enclosure is 8 feet tall with a 12' exhaust pipe. There appears to be room for a roof. Commissioner Latasa noted the importance of ventilation. Commissioner Fletcher iterated concerns with noise caused by the generator and suggested noise attenuation measures could address it. The applicant, Ms. Vernotico, was asked if AT&T could accommodate the requested modifications. Ms. Vernotico said the insulation and roof modification requests would need to be reviewed by AT&T's engineering department. She also stated the requested hours of generator operation would not be a problem and could be coordinated with the church. Chair Freemen reopened public comment. Mr. Bekker said the door would need to be insulated and tightly fitted to be effective. Chair Freeman closed public comment. Commissioner Latasa made a motion to adopt a Resolution approving Use Permit amendment 22-0032 to allow modifications to an existing wireless facility at 600, 650 and 662 Hawthorne Street with added Conditions of Approval as follows: • The structure will be provided with a roof; • The structure will have sound insulation on the interior; • All doors will be tightly fitted, sealed, and have sound insulation; • All vents will face away from the neighboring apartment building; and, • Hours of testing operations will be between 11:00 a.m. and 12:00 p.m. Commissioner Brassfield seconded the motion. Vice Chair Freeman said approving the project with amendments more effectively meets the "shot clock" timing than a continuance would allow. Planning Commission Meeting Minutes Tuesday April 12, 2022 6 DocuSign Envelope ID: 308AB114-3DFE-47B9-99D5-CED9104BCCFF Planning Commission Minutes Tuesday April 12, 2022 On a motion by Commissioner Latasa, seconded by Commissioner Brassfield and carried by the following vote, the Planning Commission approved Use Permit amendment 22-0032 to allow modifications to an existing wireless facility at 600, 650 and 662 Hawthorne Street with the added Conditions of Approval as described above: AYES: 6 COMMISSIONERS: Freeman, Brassfield, Dawson, Fletcher, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 6. Consider 2200 Garden Road Use Permit Amendment UP-22-0024 to Allow Modifications to an Existing GTE Mobilnet of California Limited Partnership, dba Verizon Personal Wireless Service Facility; Applicant Eric Lentz, Lentz Planning on behalf of Verizon; Owner: Redwood Gulch LLC; I-R-130-RA-ES-MF Zoning District; Industrial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15303, Class 3 ACTION: Adopted a resolution approving Use Permit amendment UP-22-0024 to allow modifications to an existing GTE Mobilnet of California Limited Partnership, dba Verizon Personal Wireless Service facility at 2200 Garden Road. Staff Presentation/Commissioner Questions Community Development Director Cole introduced the item then Wireless Application Consultant Jerry Hittleman presented the Agenda Report and answered Commissioner questions. Applicant Applicant Eric Lentz, on behalf of Verizon, did not have a formal presentation but was available to answer questions. He introduced Rajat Maher of Hammett and Edison to answer questions regarding radio frequency (RF). Mr. Maher said the RF exposure and distances with 4G and 5G are the same, stated Federal Communications Commission (FCC) limits are not dependent on technology, and explained exposure is caused by frequencies, not technology type. Public Comments Nina Beety said there are laws and sections of the Telecommunications Act that an ordinary person can read and understand, and suggested the City is not following those rules. She alleged that when a wireless project was approved in 2019 it blocked her access to airport areas due to Emergency Medical Services (EMS) frequencies, and that no comparison chart between 4G and 5G was provided by the applicant as required by the City's Wireless Ordinance. Ms. Beety asked the Planning Commission to deny the project and re-examine past AT&T projects. Planning Commission Meeting Minutes Tuesday April 12, 2022 7 DocuSign Envelope ID: 308AB114-3DFE-47B9-99D5-CED9104BCCFF Planning Commission Minutes Tuesday April 12, 2022 Commissioner Comments Commissioner Brassfield said Ms. Beety referenced items out of the Planning Commission's purview. He also said there is new Federal legislation. Commissioner Brassfield said he understands Ms. Beety's concern but does not see a way around approving the project. Commissioner Dawson said the difficulty is the project appears to be a simple modification to a tower; however, the frequencies and power emitted from the antenna would be different. Commissioner Fletcher said he is frustrated that he has no greater understanding of Ms. Beety's concerns regarding the laws the Planning Commission is supposed to abide by. Commissioner Millich said he has asked if the Planning Commission can deny wireless applications and has been told that is not likely. He said nothing can be done and the City is subject to a great deal of liability if the project is not approved, so he would support approval. Commissioner Latasa said the City has gone to extraordinary expense legally and has been diligent in learning FCC regulations. Commissioner Latasa asked Mr. Hittleman about the before and after comparisons Ms. Beety mentioned. Mr. Hittleman said Verizon was previously approved for a 4G update; however, it was not installed so there is not a comparison. He said the proposal complies with FCC guidelines, verified by the City's third-party engineer. Chair Freeman said she does not see any way the Planning Commission can deny the project so she would support approval. Commissioner Fletcher made a motion to adopt a Resolution approving Use Permit amendment UP-22-0024 to allow modifications to an existing GTE Mobilnet of California Limited Partnership, dba Verizon Personal Wireless Service facility at 2200 Garden Road. Commissioner Dawson seconded the motion. Commissioner Latasa said he would support the motion and thanked staff for their thorough review, especially regarding Condition 12, which seems to be a very important aspect. On a motion by Commissioner Fletcher, seconded by Commissioner Dawson and carried by the following vote, the Planning Commission adopted a Resolution approving Use Permit amendment UP-22-0024 to allow modifications to an existing GTE Mobilnet of California Limited Partnership, dba Verizon Personal Wireless Service facility at 2200 Garden Road: AYES: 6 COMMISSIONERS: Freeman, Brassfield, Dawson, Fletcher, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None INFORMATIONAL REPORTS & STAFF COMMENTS Ms. Cole said the April 26, 2022 Planning Commission meeting will be from 4:00 p.m. to 6:30 p.m. and would be the first public hearing on the revised Wireless Ordinance. She said the Planning Commission Meeting Minutes Tuesday April 12, 2022 8 DocuSign Envelope ID: 308AB114-3DFE-47B9-99D5-CED9104BCCFF Planning Commission Minutes Tuesday April 12, 2022 Agenda Packet has already been published but would be amended to include the April 12, 2022 minutes and additional Airport Land Use Committee (ALUC) amendments. Ms. Cole asked that all Commissioners let Planning staff know of their vacation schedules in the upcoming months to avoid lack of quorum issues. COMMISSIONER COMMENTS Commissioner Millich asked what happened with City Council appeal of the fence variance at 301 Casa Verde Way. Ms. Cole said the Planning Commission decision was overturned due to highway ingress and egress near the property. Commissioner Latasa asked staff to provide a report on the Navy cell tower placed at Del Monte Beach. Ms. Cole said she can ask if a project summary is available. Commissioner Brassfield complimented Kim and staff on the Wireless Ordinance Agenda Report and said he has questions about the application process. He also requested the audio issues in the Council Chambers be addressed before the next meeting. Commissioner Millich requested that the Wireless Ordinance Agenda Report include information on areas the Planning Commission has discretion to deny applications or require amendments. ADJOURNMENT There being no further business, the meeting adjourned at 9:02 p.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday April 12, 2022 9