Planning Commission Meeting

DocuSign Envelope ID: C24065B7-B527-4E56-9796-9A99BB896AB8 MINUTES PLANNING COMMISSION CITY OF MONTEREY September 13, 2022 4:00 PM – 5:30 PM 7:00 PM – 11:00 PM COUNCIL CHAMBER AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Commissioners Present: Fletcher, Millich*, Freeman, Brassfield*, Dawson, Latasa * Participated remotely by videoconference Commissioners Absent: None Staff Members Present: Community Development Director Cole, City Attorney Davi (evening session only), Recording Secretary Cleary 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. ***Afternoon Session Agenda*** 4:00 p.m. – 5:30 p.m. CALL TO ORDER Chair Fletcher called the meeting to order at 4:00 p.m. Recording Secretary 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. July 26, 2022 ACTION: Approved as submitted. On a motion by Commissioner Dawson, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission approved the April 27, 2022 Minutes as submitted: AYES: 6 COMMISSIONERS: Fletcher, Millich*, Freeman, Brassfield*, Dawson, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None DocuSign Envelope ID: C24065B7-B527-4E56-9796-9A99BB896AB8 Planning Commission Minutes Tuesday September 13, 2022 RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC HEARING 3. Consider 350 Calle Principal Use Permit UP-22-0135 to Allow Modifications to an Existing Dish Wireless LLC (Dish) Personal Wireless Service Facility; Applicant Adam Ehrlich, J5 Infrastructure Partners on behalf of Dish; Owner: San Carlos Associates, a California Partnership; VAF Visitor Accommodation Facility Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15303, Class 3 ACTION: Continued the item to a date certain of September 27, 2022, pending further detailed drawings on elevations of the three locations of the wireless antennas. Applicant agreed to waive the shot clock. Staff Presentation/Commissioner Questions Wireless Application Consultant Jerry Hittleman presented the Agenda Report and answered Commissioner questions. Commissioner Dawson asked if 5G emits a stronger signal than 4G. Mr. Hittleman explained the signal is stronger but only the Radio Frequency (RF) Report could say by how much. Commissioner Latasa shared concerns regarding safety at the upper-level hotel rooms and inquired about the higher RF emission areas. Mr. Hittleman explained the diagrams in Exhibit D. Vice Chair Fletcher suggested the elevation was drawn incorrectly as the drawings are inconsistent. Commissioner Latasa agreed and said the plans do not reflect the building accurately. Commissioner Brassfield agreed, and the matter was discussed further. Commissioner Brassfield requested clarification regarding the definition of significant change. Ms. Cole explained Federal Communications Commission (FCC) regulations define 6409 applications and outlined applicable criteria and processes for 6409 application evaluations. Applicant Applicant Adam Ehrlich was present to answer questions. Jeff Diether, on behalf of Dish, confirmed antennas broadcast out away from the building and added that 5G broadcasts differently and more directly towards the receiver. Commissioner Dawson expressed concerns regarding the scale of the Electromagnetic Field (EMF) and asked if it would be broadcast vertically into the hotel rooms. Mr. Diether suggested the drawing included a scale of Electromagnetic Energy (EME) distribution. Ms. Cole asked if Dish would agree to halt the review shot clock to amend the exposure drawings and more accurately show exposure areas, suggesting the Commission could not tell if top rooms are affected as they are not shown on the drawings . Mr. Diether confirmed Dish could pause the shot clock to provide more accurate EME details and asked what other information the Commission may need. Planning Commission Meeting Minutes Tuesday September 13, 2022 2 DocuSign Envelope ID: C24065B7-B527-4E56-9796-9A99BB896AB8 Planning Commission Minutes Tuesday September 13, 2022 Commissioner Brassfield questioned the difference in power between 4G and 5G. Mr. Diether explained. Vice Chair Millich asked how long the shot clock would be halted. Ms. Cole offered potential continuation dates and corresponding deadlines. Commissioner Latasa described inaccuracies of the RF Radius depictions and requested elevation drawings for Franklin and Calle Principal that show the antenna in relation to the tan part of the building. Mr. Diether confirmed that information could be provided. Public Comments None. Commissioner Comments Commissioner Freeman moved to continue the item to a date certain of September 27, 2022, pending further detailed drawings on elevations of the three locations of the wireless capsules. Vice Chair Millich Seconded the motion. Vice Chair Millich requested that the record show the shot clock timeframe has been waived by the applicant. Vice Chair Fletcher agreed. On a motion by Commissioner Freeman, seconded by Vice Chair Millich and carried by the following vote, the Planning Commission, with the applicant agreeing to waive shot clock deadlines, continued the item to a date certain of September 27, 2022, pending further detailed drawings on elevations of the three locations of the wireless capsules: AYES: 6 COMMISSIONERS: Fletcher, Millich, Freeman, Brassfield, Dawson, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. Consider 600 Hawthorne Street Use Permit UP-22-0165 to Allow Modifications to an Existing Dish Wireless LLC (Dish) Personal Wireless Service Facility; Applicant Adam Ehrlich, J5 Infrastructure Partners on behalf of Dish; Owner: First Baptist Church of Monterey c/o Nathan M. Rehn; R-3 Zoning District; Residential – Medium General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15303, Class 3; Recommended for Continuance to September 27, 2022 ACTION: Continued to a date certain of September 27, 2022 Staff Presentation/Commissioner Questions Community Development Director Cole recommended continuing the item to a date certain of September 27, 2022 to allow Staff time to analyze new submittal materials received. Applicant None. Planning Commission Meeting Minutes Tuesday September 13, 2022 3 DocuSign Envelope ID: C24065B7-B527-4E56-9796-9A99BB896AB8 Planning Commission Minutes Tuesday September 13, 2022 Public Comments None. Commissioner Comments None. On a motion by Commissioner Latasa, seconded by Commissioner Dawson and carried by the following vote, the Planning Commission continued the item to a date certain of September 27, 2022: AYES: 6 COMMISSIONERS: Fletcher, Millich, Freeman, Brassfield, Dawson, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None RECESS 5:30 p.m. ***End of Afternoon Session Agenda*** The Planning Commission recessed at 4:53 p.m. and reconvened at 7:00 p.m. with all Commissioners present. ***Evening Session Agenda*** 7:00 p.m. – 11:00 p.m. CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING (EVENING) 5. 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 a date certain of September 27, 2022, to research and discuss mockups, setbacks, bonds, and specified designs not yet addressed from submitted public comments Staff Presentation/Commissioner Questions Planning Commission Meeting Minutes Tuesday September 13, 2022 4 DocuSign Envelope ID: C24065B7-B527-4E56-9796-9A99BB896AB8 Planning Commission Minutes Tuesday September 13, 2022 Community Development Director Cole introduced the item and summarized the current Draft Wireless Ordinance process and status. Legal Consultant Gail Karish provided further details. Ms. Karish, Ms. Cole, and City Attorney Davi answered Commissioner questions throughout. Commissioner Freeman identified primary issues raised via public comment and said all were addressed except for administrative permits for temporary cell phone towers, mock-ups, and Planning Commission oversight on submittal forms. Ms. Cole discussed these concerns. Commissioner Latasa inquired about Subsection E of Exhibit A and how hotel residents are considered. Ms. Cole provided details and examples, explaining the Ordinance encourages wireless facilities in mixed use and commercial areas over residential neighborhoods. Commissioner Latasa requested more information regarding effective prohibition. Ms. Cole explained carriers could go before the Planning Commission to prove there is an effective prohibition if they wish to apply in an area the City has prohibited or discouraged these facilities. Vice Chair Millich asked for clarification regarding significant gaps in coverage. Ms. Karish elaborated on the matter. Ms. Davi added that the draft Ordinance does not define “gap in coverage” but instead states an effective prohibition is as the Ninth Circuit tells us it is. Commissioner Latasa suggested revising the word showing. Commissioner Latasa inquired about eligible facilities. Ms. Karish explained. Ms. Cole added that 6409 applications are Eligible Facilities Requests and that the draft Ordinance uses FCC definitions. Commissioner Latasa questioned if a third-party testing process is described in the Ordinance and what the procedure would be. Ms. Cole provided details. Commissioner Latasa asked what drive test data is. Ms. Cole suggested drive test data is one of many ways to demonstrate effective prohibition and if used the Planning Commission would evaluate results to determine if antennas should be allowed in prohibited or discouraged areas. Commissioner Latasa asked if the Planning Commission could require mock-ups. Ms. Cole explained it could be a submittal requirement and shared concerns of implementation challenges. Commissioner Latasa inquired about a comment letter regarding district courts. Ms. Karish provided details, specifying that any Ninth Circuit Court must comply with Ninth Circuit rulings. Commissioner Brassfield expressed frustration that presiding laws limit the ability to support citizens’ wants and suggested including a cautionary statement in the Ordinance outlining concerns for public health and safety. Ms. Cole referenced the provided cautionary statement example and discussed options. Vice Chair Millich requested clarification regarding setbacks. Ms. Cole supplied further information. Vice Chair Millich advocated for requiring setbacks from homes and schools. Planning Commission Meeting Minutes Tuesday September 13, 2022 5 DocuSign Envelope ID: C24065B7-B527-4E56-9796-9A99BB896AB8 Planning Commission Minutes Tuesday September 13, 2022 Vice Chair Millich suggested requiring performance bonds to ensure poles are removed when they are no longer in use. Public Comments Jean Rasch, on behalf of the Monterey Vista Neighborhood Association (MVNA), urged the Planning Commission to work with the City of Carmel, add drive testing requirements, and assign all costs and responsibilities to vendors. Susan Nine expressed concern for general misunderstandings of current telecommunications laws, suggesting Grant of Authority provides absolute authority over placement of wireless cell towers unless applicants prove effective prohibition exists. Ms. Nine suggested seeking specialized opinions regarding interpretation of the law. Judy Schmidt said cell coverage in Monterey is horrible despite drive test indications, asked what percentage of the population actively opposes cell towers, and suggested the group does not reflect views of the whole of Monterey. Marta Kraftzeck requested the strongest possible ordinance to protect residents and said the current draft is not strong enough as it acquiesces impacts to views by antennas and pole- mounted equipment. Pat Venza of Monterey Vista Neighborhood suggested specifying how to collect drive test data to ensure accurate results, expressed confusion with Ninth Circuit requirements, and requested establishment of follow-up measures to ensure Conditions of Approval are followed. Christy Hollenbeck suggested the Telecommunications Act maintains local authority over decisions of placement, construction, and modification of wireless facilities, and alleged that although the City cannot establish effective prohibition it can select the least intrusive placement. Jeana Jett reiterated previous complaints, questioned the draft Ordinance’s strength, claimed residences are unprotected from potential property devaluation, risk of urban fire and top- heavy utility poles, and threats to health, and insisted on a stronger wireless ordinance. Commissioner Comments Commissioner Freeman suggested the previous draft did not entirely reflect Subcommittee concerns or some of the community’s issues and spoke in support of the current draft as it provides answers to questions and concerns raised by the public in previous meetings. Commissioner Latasa agreed with Commissioner Freeman, spoke in favor of enforcing setbacks from school property lines, confirmed the Ordinance discourages wireless facilities in neighborhoods, noted frustration that health effects of RF emissions were not addressed, and suggested the Ordinance is close but not finished. Vice Chair Millich shared Commissioner Brassfield’s concerns regarding capability versus necessity and asserted he would support the Ordinance only if it requires a 250-foot setback from school properties and residentially zoned properties. Ms. Davi provided guidance and advised that some schools want wireless facilities on campus as some children do not have Planning Commission Meeting Minutes Tuesday September 13, 2022 6 DocuSign Envelope ID: C24065B7-B527-4E56-9796-9A99BB896AB8 Planning Commission Minutes Tuesday September 13, 2022 internet access away from school. Ms. Karish added that the map included with the analysis shows that having that level of setback could result in effective prohibition. Vice Chair Millich suggested enforcing a severability clause and changing the setback amount and restated he would not support the Ordinance without a setback requirement. Vice Chair Fletcher asked Commissioner Latasa whether he would prefer mockups be included with submittal or addressed at the Planning Commission phase. Commissioner Latasa echoed Ms. Cole, saying all requirements should be included at the Ordinance level, and asked if the City could require mockups only for specific types of applications. Vice Chair Fletcher advocated for establishing an ability to ensure complete understanding of each facility to allow proper analysis. Ms. Cole explained the Ordinance allows the City to regulate aesthetics, summarized the Subcommittee’s thoughts on the matter, and confirmed it is possible to create specific allowed equipment designs. Commissioner Brassfield agreed with Vice Chair Millich’s suggestion regarding setbacks and spoke in support of the rest of the Ordinance. Vice Chair Millich moved to continue the item to the next feasible date so feedback can be provided regarding setbacks from schools. Ms. Cole proposed September 27, 2022. Commissioner Freeman and Chair Fletcher asked Vice Chair Millich to include in the motion issues of mockups, setbacks, and specified designs that had not been addressed from submitted public comments. Vice Chair Millich added all three items to the motion. Commissioner Latasa inquired about bonding. Ms. Karish stated the City could require removal bonds. Commissioner Latasa suggested that is not a bad idea. Commissioner Freeman agreed. Commissioners concurred with adding bonds to the issues to be researched. Commissioner Freeman seconded the motion to continue the item to September 27, 2022 with included information regarding the three topics not responded to from public comment. On a motion by Vice Chair Millich, seconded by Commissioner Freeman and carried by the following vote, the Planning Commission continued the item to a date certain of September 27, 2022, to research and discuss mockups, setbacks, bonds and specified designs not yet addressed from submitted public comments: AYES: 6 COMMISSIONERS: Fletcher, Millich, Brassfield, Dawson, Freeman, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONER COMMENTS Planning Commission Meeting Minutes Tuesday September 13, 2022 7 DocuSign Envelope ID: C24065B7-B527-4E56-9796-9A99BB896AB8 Planning Commission Minutes Tuesday September 13, 2022 Commissioner Brassfield requested status updates regarding various topics. Ms. Karish provided updates. Commissioner Dawson shared concerns for access to PG&E equipment designs. Ms. Cole suggested information is available. Vice Chair Millich requested photos be provided of collocated poles. Commissioner Freeman noted commenters had come prepared with pre-written comments. Commissioner Brassfield asked if a wireless engineer could be required to be available for questions at public hearings. Chair Fletcher agreed. Ms. Davi advised against discussing agendized items during the Commissioner Comment period. Commissioner Latasa requested that vantage points from application photos be less than three blocks away. INFORMATIONAL REPORTS & STAFF COMMENTS Update received. ADJOURNMENT There being no further business, the meeting adjourned at 9:13 p.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday September 13, 2022 8