Planning Commission Meeting

MINUTES PLANNING COMMISSION CITY OF MONTEREY September 27, 2022 4:00 PM – 5:30 PM 7:00 PM – 11:00 PM COUNCIL CHAMBER AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Commissioners Present: Millich, Brassfield*, Dawson, Freeman, Latasa Commissioners Absent: Fletcher * Participated remotely by videoconference 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 Vice Chair Millich, serving as meeting Chair, 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. August 23, 2022 ACTION: Approved as submitted. On a motion by Commissioner Dawson, seconded by Commissioner Freeman, and carried by the following vote, the Planning Commission approved the August 23, 2022 Minutes as submitted: AYES: 5 COMMISSIONERS: Millich, Brassfield, Dawson, Freeman, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fletcher ABSTAIN: 0 COMMISSIONERS: None  Planning Commission Minutes Tuesday September 27, 2022 RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC HEARING 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 ACTION: Approved Use Permit UP-22-0165 to allow modifications to an existing Dish Wireless LLC (Dish) Personal Wireless Service Facility at 600 Hawthorne Street, pursuant to findings and conditions submitted in the Agenda Report Staff Presentation/Commissioner Questions Wireless Application Consultant Jerry Hittleman presented the Agenda Report. Community Development Director Cole and Mr. Hittleman answered Commissioner questions. Commissioner Latasa inquired about worker safety near the proposed antennas. Mr. Hittleman explained the equipment could be turned off if needed and signage would be required. Ms. Cole added that all signage would have to comply with Occupational Safety and Health Administration (OSHA) regulations. Commissioner Freeman asked if the proposal would be considered a stealth facility. Mr. Hittleman confirmed it would. Applicant Applicant Adam Ehrlich was present to answer questions. Jeff Diether, on behalf of Dish, alleged a Point of Contact sign would include a phone number to the network operations center that could shut the site down remotely or create a shutdown schedule for worker access. Commissioner Dawson asked if signage would be posted at the roof’s edge instead of solely near the cupola. Mr. Diether explained sign placement would be taken into consideration at the engineering phase and signage must follow Federal Communications Commission (FCC) requirements for safe access. Ms. Cole iterated signage requirements. Commissioner Brassfield asked if master switches are available or if the equipment must be turned off remotely. Mr. Diether suggested it would be done electronically through the Cloud. Mr. Ehrlich added that three warning signs would be posted to the outer wall of the cupola. Public Comments None. Planning Commission Meeting Minutes Tuesday September 27, 2022 2  Planning Commission Minutes Tuesday September 27, 2022 Commissioner Comments Commissioner Dawson asked if this is a 6409 application. Ms. Cole confirmed it is. Commissioner Dawson suggested that since 6409 applies there is a Federal law saying the project must be approved no matter what. Ms. Cole explained the criteria that defines 6409 applications. Commissioner Dawson and Vice Chair Millich asked clarifying questions regarding the process. Ms. Cole provided details. On a motion by Commissioner Freeman, seconded by Commissioner Dawson and carried by the following vote, the Planning Commission approved Use Permit UP-22-0165 to allow modifications to an existing Dish Wireless LLC (Dish) Personal Wireless Service Facility at 600 Hawthorne Street, pursuant to findings and conditions submitted in the Agenda Report: AYES: 5 COMMISSIONERS: Millich, Brassfield*, Dawson, Freeman, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fletcher ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 5. Consider 350 Calle Principal Use Permit Amendment PA-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; Recommended for Continuance to October 11, 2022 ACTION: Continued to a date certain of October 11, 2022 Staff Presentation/Commissioner Questions Community Development Director Cole recommended continuing the item to a date certain of October 11, 2022. Applicant Applicants Adam Ehrlich and Jeff Diether were present to answer questions. Public Comments None. Commissioner Comments None. On a motion by Commissioner Dawson, seconded by Commissioner Latasa and carried by the following vote, the Planning Commission continued the item to a date certain of October 11, 2022: AYES: 5 COMMISSIONERS: Millich, Brassfield*, Dawson, Freeman, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Fletcher Planning Commission Meeting Minutes Tuesday September 27, 2022 3  Planning Commission Minutes Tuesday September 27, 2022 ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None RECESS 5:30 p.m. ***End of Afternoon Session Agenda*** The Planning Commission recessed at 4:37 p.m. and reconvened at 7:00 p.m. with the same Commissioners present as noted above. ***Evening Session Agenda*** 7:00 p.m. – 11:00 p.m. CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING (EVENING) 6. 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 the item to a date certain of October 25, 2022 to specify that: mockups are not required but photo simulations are required both from a distance and close-up; facilities must be separated by a minimum of 250 feet to avoid visual clutter; distances from schools and residences must be 100 feet minimum excluding situations in which effective prohibition could be proven; and, standardized pole design shall be included in the draft Ordinance Staff Presentation/Commissioner Questions Community Development Director Cole introduced the item, summarized the current Draft Wireless Ordinance process and status, and presented new information. Legal Consultant Gail Karish provided further details. Ms. Karish, Ms. Cole, and City Attorney Davi answered Commissioner questions. Commissioner Brassfield suggested requiring applicants to provide better photo simulations than one- or two-dimensional images, asked if distance between facilities could be regulated, and spoke in support of including drive-by data requirements in the Ordinance. Commissioner Freeman asked if there was a suggested setback distance from schools. Ms. Cole stated 150 feet was suggested in public comment and shared concern for legal risks. Commissioner Freeman spoke in favor of pole-mounted styles and suggested considering the wires rather than distance or height. Planning Commission Meeting Minutes Tuesday September 27, 2022 4 Planning Commission Minutes Tuesday September 27, 2022 Commissioner Latasa inquired about requiring scale models or mockups on an as-needed basis. Ms. Cole advised that all requirements should be included in the submission checklist. Ms. Karish suggested possible solutions and specifics were discussed regarding possibilities and limitations. Commissioner Latasa suggested requiring applicants to submit photo simulations with both a street view and a close-up view to allow the ability to understand project size and scope. Ms. Cole clarified that is achievable, provided examples of what could be required, and said another option is to select design by location or area. Commissioner Latasa asked if the Subcommittee had preferred utilizing existing poles. Ms. Cole confirmed they did. Ms. Karish added that there is a section in the Draft Ordinance regarding pre-approval of designs. Commissioner Dawson asked why the FCC does not require drive-by testing for wireless service facilities. Ms. Karish provided details, explaining it cannot be required for some types of applications. Commissioner Brassfield asked if there are any conflicts in FCC rules and the Charter written by Congress and inquired about proof of significant gaps in coverage. Ms. Karish explained. Vice Chair Millich recommended utilizing performance bonds to ensure applicants remove unused equipment and suggested amending the setback language over consideration for effective prohibition. Ms. Karish listed legal concerns and example outcomes. Commissioner Latasa asked about requiring setbacks from residential structures instead of property lines. Ms. Cole explained possible challenges, suggesting structures change more commonly than property lines. Commissioner Latasa expressed concern for proximity of poles to residences. Ms. Cole stated the Ordinance prohibits wireless facilities in residential areas unless effective prohibition is proven. Ms. Davi provided information regarding the City’s Public Works performance bonds stating they are only required for projects over $150,000. Public Comments Nancy Soulé read a previously submitted public comment raising concerns regarding safety hazards, financial risk, and cost responsibility. Pat Venza of the Monterey Vista Neighborhood Association requested clarification regarding requirements of drive test data, suggested requiring mock-ups for proposals in residential areas, and suggested potential spaces to house those mockups. Christy Hollenbeck suggested gathering multiple perspectives regarding legal possibilities and limits, claimed the Ordinance is unenforceable, and urged the Planning Commission to rethink setbacks and significant gaps in coverage. Marta Kraftzeck suggested the proposal is not strong enough to prevent 5G throughout the City, recommended that the Ordinance require drive test data, opposed allowing increased antenna height and size due to visual impact, and requested protection from the telecommunications industry. Planning Commission Meeting Minutes Tuesday September 27, 2022 5 Planning Commission Minutes Tuesday September 27, 2022 Susan Nine recommended that the City collect call data from wireless companies, supplied reasons why setback requirements from schools and residential properties are preferred, and spoke in favor of maintaining the lowest height limit from the current Ordinance. Charles Martin spoke in favor of maintaining the beauty and character of the City, alleging that as Monterey is not a technological center it could withstand more stringent requirements and wireless costs could be paid by applicants. Jean Rasch spoke in favor of enforcing setbacks between poles, advocated for enforcing the smallest maximum equipment size possible, shared concerns regarding enforcing a specific design, and thanked Staff for adding claims for effective prohibition. Laurie Putnam, from New Monterey, suggested focusing on post-approval processes and compliance enforcement, outlining instances where previously approved projects failed to maintain compliance with approved conditions. Commissioner Comments Commissioner Brassfield proposed adhering to advice from the provided legal counsel, articulated concerns regarding public preference conflicting with legal limitations, argued that young people want cell towers and data, and supported the idea of performance bonds. Vice Chair Millich recessed the meeting at 8:31 p.m. and reconvened at 8:36 p.m. with the same five Commissioners present. Commissioner Freeman summarized public comments not yet addressed including post- approval monitoring and compliance enforcement, ensuring safety and development standards especially on collocated poles, selecting maximum equipment dimensions, and establishing an effective maintenance program. Commissioner Latasa agreed that the Ordinance is close but not perfect, spoke in favor of requiring photo simulations from two separate angles, suggested the Commission select a minimum distance between facilities, advocated for a 150-foot setback from schools, requested feedback on standardized pole designs, and agreed with Commissioner Freeman regarding maximum equipment size. Commissioner Dawson showed support for enforcing a minimum distance between poles and creating a standardized pole design. Vice Chair Millich advised considering colocation. Commissioner Dawson suggested contacting regional authorities like PG&E or the School District to understand their positions on the matter. Vice Chair Millich reiterated his performance bond suggestion, spoke in favor of a 150-foot setback from schools but not from residences, and advocated for protecting the residents. Commissioner Dawson cautioned against cluttering neighborhoods with new poles. Commissioner Freeman agreed and suggested a minimum distance between facilities is key. Commissioner Latasa requested input regarding setbacks. Ms. Cole suggested requiring setbacks between facilities for aesthetic reasons is feasible. Commissioner Brassfield brought Planning Commission Meeting Minutes Tuesday September 27, 2022 6 Planning Commission Minutes Tuesday September 27, 2022 up legal concerns. Ms. Karish provided insight. Commissioner Freeman asked Ms. Karish to recommend a reasonable distance. Ms. Karish provided examples and said a common range is 150 to 500 feet between antenna facilities. Commissioner Dawson suggested having a consultant perform the drive tests to ensure more trustworthy data. Commissioner Latasa spoke in favor of enforcing setbacks in residential areas. Vice Chair Millich suggested mandating a 150-foot setback. Commissioner Latasa inquired about the additional pole height and width issue. Ms. Cole disclosed how the proposed measurements were determined. Ms. Karish supplied details regarding equipment makeup. Commissioner Dawson advocated for taking the safest option. Commissioner Latasa motioned to continue the item to a date certain to specify that: mockups are not required but photo simulations are required both from a distance and close-up; facilities must be separated by a minimum of 250 feet; distances from schools and residences must be 100 feet minimum; and, standardized pole design shall be included in the draft Ordinance. Commissioner Freeman seconded the motion. Vice Chair Millich suggested adding to the 100- foot setback an exception requiring applicants to provide clear and convincing evidence of effective prohibition where applicable. Ms. Cole requested clarification. Commissioner Latasa elaborated. Commissioner Freeman suggested stating the City will establish a standardized pole design in the future. Commissioner Latasa revised the motion to include the suggestion. Recording Secretary Cleary repeated the motion for clarity. Commissioner Latasa specified that the 100-foot setback from facilities and residences should include the Vice Chair’s statement to exclude situations in which the applicant could prove effective prohibition. Vice Chair Millich questioned the legal and appeal processes. Ms. Davi and Ms. Karish explained. Commissioner Freeman inquired about enforcing the design as approved projects are constructed. Ms. Cole outlined the Building process, saying each site would be inspected prior to Building permit issuance. Commissioner Brassfield asked why the setback was placed at 100 feet. Commissioner Latasa suggested 150 feet seemed too high and 100 feet might be less restrictive. Commissioner Latasa asked if language would be included regarding the aesthetic rationale. Ms. Davi advised the Commission to articulate visual concerns. Commissioner Latasa specified the priority is to establish setbacks based on goals of avoiding visual clutter and limiting visual impact. Ms. Davi advised that Staff would continue to not recommend to the City Council a setback from residences or schools and clarified that Staff and Planning Commission recommendations may differ. Vice Chair Millich spoke in support of including the notion to avoid visual clutter. Planning Commission Meeting Minutes Tuesday September 27, 2022 7 Planning Commission Minutes Tuesday September 27, 2022 Ms. Cole proposed revisiting the discussion at the October 25, 2022 Planning Commission meeting. Commissioner Latasa revised the motion to continue the item to date certain of October 25, 2022. Commissioner Freeman agreed to the terms of the revised motion. 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 October 25, 2022 to specify that: mockups are not required but photo simulations are required both from a distance and close-up; facilities must be separated by a minimum of 250 feet to avoid visual clutter; distances from schools and residences must be 100 feet minimum excluding situations in which effective prohibition could be proven; and, standardized pole design shall be included in the draft Ordinance: AYES: 6 COMMISSIONERS: Millich, Brassfield, Dawson, Freeman, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: Fletcher ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None INFORMATIONAL REPORTS & STAFF COMMENTS Update received. COMMISSIONER COMMENTS None. ADJOURNMENT There being no further business, the meeting adjourned at 9:38 p.m. Respectfully Submitted, Approved, Kimberly Cole Vice Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday September 27, 2022 8