Planning Commission Meeting

Name: Planning Commission Meeting — Monterey, CA
Start: 2022-08-09T19:00:00
End: 2022-08-09T21:00:00
Location: Monterey, CA

Regular Meeting

Monterey, CA · August 9, 2022

Agenda Minutes Packet

Minutes

DocuSign Envelope ID: 9AFF2BCC-B9C6-4D9B-9ED7-79956C0AC436 MINUTES PLANNING COMMISSION CITY OF MONTEREY August 09, 2022 7:00 PM – 11:00 PM COUNCIL CHAMBER AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Commissioners Present: Fletcher, Brassfield*, Dawson*, Freeman, Latasa, Millich* Commissioners Absent: None Staff Members Present: Community Development Director Cole, City Attorney Davi*, Recording Secretary Cleary * Participated remotely by videoconference This meeting was held with a combination of in-person and teleconference attendance pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C), and the Monterey City Council’s Resolution authorizing virtual participation in public meetings given the COVID- 19 pandemic. CALL TO ORDER Vice Chair Fletcher called the meeting to order at 7:01 p.m. and Recording Secretary Cleary explained to the public how to participate and provide public comment during the meeting. 1. Meeting Procedures PUBLIC COMMENTS None. PUBLIC HEARING 2. Consider Recommending an Ordinance to the City Council Repealing and Replacing City Code Chapter 38 Article 17 Section 112.4 Related to Wireless Communication Facilities Exempt from CEQA (Article 19, Sections 15305 and 15308, Classes 5 and 8) ACTION: Continued to the September 13, 2022 Planning Commission Meeting Staff Presentation/Commissioner Questions Community Development Director Cole introduced the item, provided background information regarding the Wireless Ordinance process and status, and answered Commissioner questions. Gail Karish, Legal Consultant from Best Best & Krieger, provided further details regarding recent legal proceedings involving wireless facilities. Ms. Karish, Ms. Cole, and City Attorney Davi answered Commissioner questions throughout the presentations. Commissioner Latasa requested a description of the Wireless Subcommittee’s membership. Ms. Cole supplied details. Commissioner Millich asked if the City could ban 5G poles in residential areas that are high risk of fire and unable to get fire insurance. Ms. Karish explained the Public Utilities Commission DocuSign Envelope ID: 9AFF2BCC-B9C6-4D9B-9ED7-79956C0AC436 Planning Commission Minutes Tuesday August 09, 2022 sets safety requirements for installations of communications and power infrastructure and there are orders addressed by them that specify what a safe structure is. Commissioner Latasa inquired about Ms. Karish’s work with the City of Carmel and noticing requirements. Ms. Karish provided information. Ms. Davi added that the City of Monterey has notice provisions in the City Code that are applicable to all Use Permits. Commissioner Freeman asked clarifying questions regarding aesthetics of colocation. Ms. Karish explained colocation is often preferred to maximize use of existing antennas rather than adding more sites and specified that requirements are in place to ensure utility poles are safe. Ms. Cole provided background information regarding the Subcommittee’s thoughts on this. Commissioner Freeman inquired further. Ms. Cole explained the goal in the current proposal is to utilize existing poles. Commissioner Brassfield asked questions regarding logistics of potential prohibitions. Ms. Karish explained State Law says the Federal Communications Commission (FCC) is the only agency to establish standards for safe Radio Frequency (RF) emission and at a local level the City can ensure compliance with existing FCC guidelines and added that local governments cannot regulate based on concerns for RF emissions while applications demonstrate compliance with existing FCC standards. Commissioner Brassfield asked if there is a cumulative effect of colocation and if the City could effectively object to the number of cell towers in various areas. Ms. Karish described limitations and potential solutions associated with this idea. Public Comments Christy Hollenbeck claimed the draft ordinance is not strong enough to protect the City and recommended wireless carriers be required to prove significant gaps in services. Jeanna Jett suggested residents do not want wireless cell facilities in residential communities and urged the City to hire a new law firm as the Subcommittee’s work is outdated. Pat Venza expressed confusion with the direction of the ordinance, requested answers to comments and questions submitted by the Monterey Vista Neighborhood Association, and suggested denying applications that do not prove a significant gap in coverage exists. Barbara Moore requested that Staff go through the draft ordinance to explain where it differs from the original and provide an analysis describing why recommendations were not followed. Marta Kraftzeck asked the Commission not to recommend the ordinance as it needs the strongest language possible to deter cell towers near schools and residents. Former Wireless Subcommittee member Susan Nine said Ms. Karish’s analysis differed from those of other attorneys and suggested Carmel required a significant gap analysis. Ms. Nine supplied reasons why wireless facilities should not be allowed in residential neighborhoods. Planning Commission Meeting Minutes Tuesday August 09, 2022 2 DocuSign Envelope ID: 9AFF2BCC-B9C6-4D9B-9ED7-79956C0AC436 Planning Commission Minutes Tuesday August 09, 2022 Nina Beety suggested Staff has not provided the existing ordinance and requested the Planning Commission not to approve this version because ADA section A.2 is missing, the redline version was provided in black and white, and fair housing issues have not been addressed. Ray Meyers urged the Planning Commission to reject the ordinance, explained wireless regulations have remained the same since 1996 despite modern technology changes, and highlighted needs for evaluation methods, safety verification, graphics showing radiation in two- dimensional view, measurements of EMF after installation, and random inspections to verify compliance. Laurie Putnam claimed conditions are not monitored at a cell tower in the New Monterey neighborhood and suggested investigation to ensure compliance, urging the Commission to find more ways to monitor sites after permits are issued. Jean Rasch, MVNA president, suggested citizens need the advocacy of the Planning Commission, more dialogue, and responses to the Neighborhood’s submitted comments. Ms. Rasch asked the Commission not to approve the draft ordinance as MVNA concerns have not yet been addressed. Vice Chair Fletcher called a five-minute recess and reopened the meeting at 9:16 p.m. Commissioner Comments Commissioner Latasa said the public members of the Subcommittee seemed disappointed and agreed that nothing was provided showing what recommendations were rejected and why. Commissioner Brassfield said MVNA has been consistent, and the repeat comments were overwhelming, and suggested looking at each recommendation to compare them with the existing and proposed ordinances. Commissioner Millich asserted that City Attorney staff is doing their best to withstand legal challenge and suggested that tying fire hazard areas to global warming and health and safety is a justified action. Commissioner Brassfield agreed and suggested that when changes are made there should be an explanation. Commissioner Freeman claimed the public comments downgraded the proposed ordinance, asked why the Subcommittee’s recommendations were not followed, and suggested an analysis of the Subcommittee’s ordinance versus staff recommendation to explain which changes the public were interested in and weighing whether they could be added to the ordinance. Commissioner Latasa spoke in favor of providing an analysis for the public. Vice Chair Fletcher agreed, citing the need to be sure everyone understands clearly. Ms. Davi provided further details regarding the process and legal limitations. Commissioner Millich suggested providing a comparison of the Subcommittee draft ordinance and the current proposed draft to exhibit what can or cannot be included and why. Vice Chair Fletcher agreed. Planning Commission Meeting Minutes Tuesday August 09, 2022 3 DocuSign Envelope ID: 9AFF2BCC-B9C6-4D9B-9ED7-79956C0AC436 Planning Commission Minutes Tuesday August 09, 2022 Commissioner Millich said there are mistakes in the Agenda Packet. Ms. Cole requested an email showing which spelling and grammatical errors need corrections. Commissioner Latasa motioned to continue the item with conditions to return with a point-by- point comparison between the two drafts, and Commissioner Freeman seconded the motion. Commissioner Millich requested adding a requirement to review the City’s ability to deny or oppose 5G poles based on a lack of fire insurance in a high fire hazard area. Commissioner Latasa amended the motion to include Commissioner Millich’s suggestion. Discussion followed regarding specifics of the information requested to be included and why. Ms. Cole restated the amended motion for clarity. Commissioner Freeman seconded the amended motion. Ms. Cleary stated a date of continuance was not determined and advised selecting a date certain or tabling instead of continuing the item. Ms. Cole suggested continuing the item to September 13, 2022. The motion maker and seconder agreed to add this date to the motion for continuance. On a motion by Commissioner Latasa, seconded by Commissioner Freeman and carried by the following vote, the Planning Commission continued the item to a date certain of September 13, 2022 to allow staff to do an analysis of the Subcommittee draft in comparison to the current proposal to respond to recommendations on a point-by-point basis and explain which recommendations were added to the ordinance and why: AYES: 6 COMMISSIONERS: Fletcher, Brassfield, Dawson, Freeman, Latasa, Millich NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Commissioner Brassfield suggested answering questions submitted for public comment. Ms. Cole suggested the Commission typically combs through comments and recommends what Staff should focus on and requested direction toward policy issues to explore in more detail. Commissioner Brassfield offered to organize comments submitted for the August 09, 2022 meeting into a list for Staff reference. COMMISSIONER COMMENTS Commissioner Brassfield asked how the Wireless Subcommittee’s checklist is working. Ms. Cole said the Planning Commission received the checklist in 2019 with a goal to review the checklist for compliance after the ordinance is completed to make sure it complies with the new ordinance. INFORMATIONAL REPORTS & STAFF COMMENTS Planning Commission Meeting Minutes Tuesday August 09, 2022 4 DocuSign Envelope ID: 9AFF2BCC-B9C6-4D9B-9ED7-79956C0AC436 Planning Commission Minutes Tuesday August 09, 2022 4. Planning Office Update  Update received. ADJOURNMENT There being no further business, the meeting adjourned at 9:58 p.m. Respectfully Submitted, Approved, Kimberly Cole Vice Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday August 09, 2022 5

Agenda

Commissioners Planning Commission Daniel Fletcher, Vice Chair Amended Meeting Agenda Mike Brassfield Mike Dawson Sandra Freeman Tuesday, August 9, 2022 Terry Latasa Council Chamber Stephen Millich and ZoomGov Teleconference 7:00 PM – 11:00 PM Monterey, California IMPORTANT NOTICE: Pursuant to California Government Code section 54953(e)(1)(A) and (C) and the Monterey City Council’s resolution authorizing virtual participation in public meetings given the COVID-19 pandemic, meetings of the Monterey City Council and its Boards, Commissions, and Committees are being conducted with a hybrid format providing both in-person and virtual (electronic and telephone) participation to promote social distancing and protect the health and safety of attendees. Details for Public Participation in this Meeting: BEFORE THIS MEETING, members of the public may submit comment(s) to planning@monterey.org until ½ hour before the start of the meeting. These messages are shared with the Planning Commission prior to the start of the meeting but are not read aloud. All comments become part of the record and are made available online at monterey.org/submitted-comments. DURING THIS MEETING, members of the public may attend and participate:  In-person (location listed above), with masks strongly encouraged for all, regardless of vaccination status, except those who are younger than two years old or have a medical condition that prevents wearing a mask.  Online via ZoomGov Webinar live (no time delay): o On a computer or smartphone: https://monterey-org.zoomgov.com/j/1619908039 o Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, Calif.) or 646-828-7666 (New York, NY). If one number does not work, please try another.  Enter Webinar ID: 161 990 8039 #  If prompted to enter a participant ID, press #  To “raise your hand” dial *9. Once called upon, dial *6 to unmute.  Need more help or seeking guidance on making public comments? Read our ZoomGov Meeting Instructions. This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). FIELD TRIP The Planning Commission will not conduct a field trip to review the August 09, 2022 PC meeting agenda. For more information, call (831) 646-3885. Date Posted: August 05, 2022 CALL TO ORDER 1. Meeting Procedures PUBLIC COMMENTS PUBLIC COMMENTS. At this time, the public may speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey Planning Commission and which is not on the agenda. Any person or group desiring to bring an item to the attention of the Commission may do so during Public Comments or by addressing a letter of explanation to the Commission, City Hall, Monterey, CA 93940. Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are required by law for certain actions. You are welcome to offer your comments after being recognized by the Chair. The Chair may limit the time allocated to each speaker. Project representation is encouraged. 2. Consider Recommending an Ordinance to the City Council Repealing and Replacing City Code Chapter 38 Article 17 Section 112.4 Related to Wireless Communication Facilities Exempt from CEQA (Article 19, Sections 15305 and 15308, Classes 5 and 8) COMMISSIONERS COMMENTS COMMISSIONERS may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, a Commissioner may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda. (G.C. 54954.2) INFORMATIONAL REPORTS & STAFF COMMENTS INFORMATIONAL REPORTS & STAFF COMMENTS supply information on activities or announcements and may request clarification or direction regarding the scheduling of meetings and study sessions. 3. Planning Office Update ADJOURNMENT ADJOURNMENT — The general policy of the Planning Commission is that the Afternoon Session will end no later than 5:30 p.m. and the Evening Session will end no later than 11:00 p.m. Any public agenda items that have not been completed within the designated adjournment time may be formally extended by the Commission, or continued to the next regularly scheduled Planning Commission Meeting, or continued to a Special Meeting. Agenda packets may be reviewed by the public in the Monterey Public Library, in the Planning Office, or on the web at http://www.monterey.org beginning late Friday afternoon prior to the date of the meeting. Members of the public have the right to address the Commission on any Agenda items. The Chair will formally open the floor for public comment. However, if you wish to speak to items during "Consent Agenda" or "Staff Informational Report," please advise the staff or the Chair prior to the action on that item and you will be recognized. Notification as much in advance as possible is appreciated. Information distributed to the Commission at the meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided to the Secretary for this purpose. Planning Commission decisions may be appealed within ten (10) days from the date of the decision on forms available in the Planning Division during business hours. When the tenth day falls on a weekend or a holiday, the appeal deadline date is the next working day following the holiday or weekend. An appeal fee will apply. For more agenda information, call the Planning Office at (831) 646-3885. Planning Commission Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). Planning Commission 8/9/2022 4:00:00 PM 2 CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: (831) 646-3799 FAX: (831) 646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646- 3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communication-related assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device. MORE INFORMATION IS AVAILABLE BY CALLING 646-3885 Planning Commission 8/9/2022 4:00:00 PM 3

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