Planning Commission Meeting

DocuSign Envelope ID: F28E5075-C375-46D5-9E73-E9C0F51E254C MINUTES PLANNING COMMISSION CITY OF MONTEREY October 25, 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** (remote for evening session only) Commissioners Absent: Latasa Staff Members Present: Community Development Director Cole, City Attorney Davi** (remote for afternoon session only), Senior Associate Planner Schmidt** (attended evening session only), Associate Planner Buggert, Recording Secretary Cleary * Participated remotely by videoconference for full meeting ** Participated remotely by videoconference for partial meeting 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. October 11, 2022 ACTION: Approved as submitted. On a motion by Commissioner Freeman , seconded by Commissioner Dawson, and carried by the following vote, the Planning Comm ission approved the October 11, 2022 Minutes as submitted: AYES: 5 COMMISSIONERS: Fletcher, Millich, Freeman, Brassfield, Dawson NOES: 0 COMMISSIONERS: None DocuSign Envelope ID: F28E5075-C375-46D5-9E73-E9C0F51E254C Planning Commission Minutes Tuesday October 25, 2022 ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Consider 113 Spray Avenue; Variance Application VA-22-0132 to Increase the Maximum Allowed Building Height from 25 Feet to 30 Feet 4 Inches on a Portion of the Existing Three-Story Single-Family Dwelling; Applicant Allen Robinson; Owner Stephen H Meyer Tr.; R-1-6-D1 Zoning District; Low Density Residential Land Use Designation (Exempt from CEQA per Article 18, Section 15270a) - Continue to November 8, 2022 ACTION: Continued item to a date certain of November 08, 2022 Staff Presentation/Commissioner Questions Community Development Director Cole recommended continuing the item to a date certain of November 8, 2022 as the applicant was unavailable to be present at the hearing. Applicant None. Public Comments None. Commissioner Comments None. On a motion by Commissioner Millich, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission continued the item to a date certain of November 08, 2022: AYES: 5 COMMISSIONERS: Fletcher, Millich, Freeman, Brassfield, Dawson NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC HEARING 4. Consider 828 Pacific Street; Application for H-2 Historic Zoning (TM-22-0190); Applicant/Owner Ben Michael Beesley and Shannon Highfield; R-1-6 Zoning District; Low Density Residential General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15305, Class 5 ACTION: Approved Text/Map Amendment application TM-22-0190 for H-2 Historic Zoning at 828 Pacific Street Planning Commission Meeting Minutes Tuesday October 25, 2022 2 DocuSign Envelope ID: F28E5075-C375-46D5-9E73-E9C0F51E254C Planning Commission Minutes Tuesday October 25, 2022 Staff Presentation/Commissioner Questions Chair Fletcher recused from the item because of owned property near the project site. Vice Chair Millich filled-in as Chair while Chair Fletcher was away from the meeting. Community Development Director Cole introduced the item then Associate Planner Buggert presented the Agenda Report and answered Commissioner questions. Commissioner Freeman asked if the garage would be included in the historic status. Mr. Buggert said the garage onsite was not considered as a factor of historicity but if it were on a historic property any future alterations would require a historic permit. Applicant Project site owner Ben Beesley was present to answer questions and added that the builder, Albert Seeno, was a Sicilian immigrant and this was one of his first homes built. Commissioner Dawson referenced a street in Old Town called Seeno and said he may have also built boats. Public Comments None. Commissioner Comments Commissioner Freeman spoke in full support of approval, suggested it is wonderful to have the working-class cottage as part of the town’s historic resources, and reminded the applicant that the garage must stay as far away from the house as possible to avoid including it in the historic structure. Commissioner Dawson spoke in support of H-2 historic zoning, suggesting the owner of the house has taken wonderful care of it. Commissioner Brassfield also spoke in support of approval. On a motion by Commissioner Dawson, seconded by Commissioner Brassfield and carried by the following vote, the Planning Commission approved Text/Map Amendment application TM-22-0190 for H-2 Historic Zoning at 828 Pacific Street: AYES: 4 COMMISSIONERS: Millich, Freeman, Brassfield, Dawson NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 1 COMMISSIONERS: Fletcher RECUSED: 0 COMMISSIONERS: None 5. Consider Adopting the Supplemental Mitigated Negative Declaration for the Greenbelt Fuel Reduction Project – Old Capitol Site; Applicant City of Monterey; Open Space Zoning District; Parks and Open Space General Plan Designation ACTION: Approved a Resolution adopting the Supplemental Mitigated Negative Declaration for the Greenbelt Fuel Reduction Project – Old Capitol Site Planning Commission Meeting Minutes Tuesday October 25, 2022 3 DocuSign Envelope ID: F28E5075-C375-46D5-9E73-E9C0F51E254C Planning Commission Minutes Tuesday October 25, 2022 Staff Presentation/Commissioner Questions Associate Planner Buggert presented the Agenda Report and answered Commissioner questions. Community Development Director Cole announced that Chair Fletcher had returned late from recusal and as he missed some of the presentation, he would be unable to vote on the matter. Commissioner Dawson asked if the City pays tribes for them to oversee soil disturbance. Mr. Buggert provided details regarding the process. Mr. Buggert cited regulations regarding the tribe’s association with the project. Commissioner Brassfield asked if other funding sources have been identified to help with this work. Ms. Cole suggested approval of funds is included in the budgetary process for each year and elaborated that the current phase is preparation of the environmental document so the project could be ready to start once funding is secured. Commissioner Brassfield suggested finding grant funding as more expenditures for this project have been identified. Commissioner Freeman requested clarification regarding the reason for the proposal. Mr. Buggert explained that when the original Mitigated Negative Declaration (MND) was approved, these sites had not yet been obtained by the City and could not be included as such, hence the Supplemental MND. Public Comments Tom Rowley from Fishermans Flats neighborhood said this was a high priority item with the Neighborhood Improvement Program Committee recognizing the area badly needs cleanup, and thanked staff for working on the project. Nina Beety shared concerns of stripping habitats or vegetation as well as tree removal potentially not happening in a careful or judicious manner. Ms. Beety stated that the forest is stressed and expressed fear of lower moisture in the forest if vegetation is removed, possibly raising the risk of fire or damage to the ecosystem. Commissioner Comments Commissioner Dawson suggested the City needs the fuel cleanup, shared concerns for fire moving uphill into homes, and requested that poison oak be removed in the process. Commissioner Brassfield provided suggestions to improve water retention capabilities and recommended examining solutions to determine where water retention could be improved. On a motion by Commissioner Freeman, seconded by Commissioner Dawson and carried by the following vote, the Planning Commission approved a Resolution adopting the Supplemental Mitigated Negative Declaration for the Greenbelt Fuel Reduction Project – Old Capitol Site: AYES: 4 COMMISSIONERS: Millich, Freeman, Brassfield, Dawson NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 1 COMMISSIONERS: Fletcher Planning Commission Meeting Minutes Tuesday October 25, 2022 4 DocuSign Envelope ID: F28E5075-C375-46D5-9E73-E9C0F51E254C Planning Commission Minutes Tuesday October 25, 2022 RECUSED: 0 COMMISSIONERS: None 6. 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 ACTION: Adopted a Resolution approving Use Permit Amendment PA-22-0135 to allow modifications to an existing Dish Wireless LLC (Dish) personal wireless service facility at 350 Calle Principal subject to stated Findings and Conditions of Approval with the additional requirement that prior to issuing a Building permit the plans would be modified to accurately show windows, decks, and elevations Staff Presentation/Commissioner Questions On-call Wireless Application Consultant Jerry Hittleman presented the Agenda Report and answered Commissioner questions. Commissioner Dawson asked if the signage would be posted in Spanish and in English. Mr. Hittleman deferred to applicant. Commissioner Brassfield asked where the balcony chairs are in relation to the transmitter. Mr. Hittleman explained the Radio Frequency (RF) was measured at the deck level if a person is standing on the deck. Vice Chair Millich suggested Mr. Hittleman show where the chairs would be to get an idea of the distance. Mr. Hittleman discussed the matter. Chair Fletcher said he did not think the balconies are deep enough to put chairs on. Commissioner Brassfield referenced an illustration showing chairs to the left and shared concerns for RF emissions being close to chairs on the balconies. Mr. Hittleman provided estimated distances. Ms. Cole explained that the occupational and public exposure areas are substantially above the deck areas. Applicant Adam Ehrlich was present to answer questions and said an RF Engineer was present on the call as well. Commissioner Dawson asked if the safety signs would be posted in more than one language. Mr. Ehrlich said it appears the signs are only in English. Chair Fletcher asked if signs are required to be posted in more than one language. Mr. Ehrlich said they are not, but dual signs are available and if the Commission would like they can be provided in English and Spanish. Public Comments None. Commissioner Comments Planning Commission Meeting Minutes Tuesday October 25, 2022 5 DocuSign Envelope ID: F28E5075-C375-46D5-9E73-E9C0F51E254C Planning Commission Minutes Tuesday October 25, 2022 Commissioner Dawson requested that safety signs be posted in Spanish and in English for safety. Chair Fletcher agreed. City Attorney Davi suggested deferring to Occupational Safety and Health Administration (OSHA) rules rather than making new ones. Commissioner Freeman said the project was continued because the original plans did not accurately show the RF emission radius, however, the plans have since been improved and at the Building permit level they will have to be even more comprehensive. Chair Fletcher agreed and said that although it is a good idea to have signage in two languages, that decision should be referred to the City Attorney. Commissioner Brassfield advised that if the applicant wants to volunteer for dual signage they should not be stopped. On a motion by Commissioner Freeman, seconded by Commissioner Dawson and carried by the following vote, the Planning Commission adopted a Resolution approving Use Permit Amendment PA-22-0135 to allow modifications to an existing Dish Wireless LLC (Dish) personal wireless service facility at 350 Calle Principal subject to stated Findings and Conditions of Approval with the additional requirement that prior to issuing a Building permit the plans would be modified to accurately show windows, decks, and elevations: AYES: 5 COMMISSIONERS: Fletcher, Millich, Freeman, Brassfield, Dawson NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None RECESS 5:30 p.m. ***End of Afternoon Session Agenda*** The Planning Commission recessed at 5:14 p.m. and reconvened at 7:00 p.m. After technical difficulties were found and resolved, Chair Fletcher reconvened the meeting again at 7:20 p.m. with all Commissioners present except Commissioner Latasa, who remained absent. ***Evening Session Agenda*** 7:00 p.m. – 11:00 p.m. CONTINUED PUBLIC COMMENTS Nina Beety said she is disabled by electromagnetic sensitivity and could not attend the hearing in person because of barriers due to wi-fi and internet access, and shared concerns regarding public safety. She said the Commission has asked the City to provide information on where the Telecommunications Act intersects with ADA and shared concerns regarding enforcement issues and public safety, alleging there are utility poles in the City that are leaning and unsafe with no penalty and no abatement. Planning Commission Meeting Minutes Tuesday October 25, 2022 6 DocuSign Envelope ID: F28E5075-C375-46D5-9E73-E9C0F51E254C Planning Commission Minutes Tuesday October 25, 2022 PUBLIC HEARING (EVENING) 7. 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: Adopted a Resolution recommending an Ordinance to the City Council repealing and replacing City Code Chapter 38 Article 17 Section 112.4 related to wireless communication facilities as presented, with added conditions that a 100-foot setback from schools and residences must be required and any relief granted from showing effective prohibition must be the least intrusive 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. Ms. Karish, Ms. Cole, and City Attorney Davi answered Commissioner questions throughout the presentations. Vice Chair Millich referenced Agenda Packet page 305 to ask why encouraged was used instead of shall regarding how applicants could show effective prohibition. Ms. Karish detailed reasons for utilizing the selected verbiage. Commissioner Dawson asked how colocation is addressed if several providers use all the poles and what happens when they are less than 250 feet apart. Ms. Cole explained that the setback between poles would be 250 feet. Commissioner Dawson shared concerns for potentially running out of space and discussed the matter with Ms. Karish. Chair Fletcher inquired about congestion indications when carriers switch from Fourth Generation (4G) to Fifth Generation (5G) services. Ms. Cole said the new technology will predominantly be on utility poles near the public right-of-way. Chair Fletcher inquired about the provided aesthetic examples of poles and what happened to the City’s goal to put equipment in vaults. Ms. Davi stated the Council adopted an Encroachment Ordinance specifying undergrounding regulations and that part of Wireless equipment is addressed there. Commissioner Brassfield requested clarification regarding Paul Albritton’s letter. Ms. Karish provided background information regarding effective prohibition standards and challenges involving them. Commissioner Brassfield shared concerns regarding capacity and ability to regulate wireless facilities while protecting the public, asking who is responsible for ensuring safety and oversight and how general safety operations would be recognized. Public Comments Planning Commission Meeting Minutes Tuesday October 25, 2022 7 DocuSign Envelope ID: F28E5075-C375-46D5-9E73-E9C0F51E254C Planning Commission Minutes Tuesday October 25, 2022 Monterey Vista resident Pat Venza requested clarification and shared concerns regarding proving effective prohibition, gaps in coverage, drive test data, drop call records, denial of service records, setbacks, and safety. Ray Meyers of Monterey Vista Neighborhood suggested cell towers do not belong in residential areas as faster broadband is unnecessary and can be done via fiberoptics and wi- fi routers. Mr. Meyers advocated for a 100-foot setback in residential and school areas and requirements to provide models for graphically predicting 2D and 3D field radiation patterns along with topography and elevation of the structures being utilized. Susan Nine cited wireless Ordinances from other cities, recommended similar regulations for Monterey, and suggested 250 feet between poles is not enough while 500 or 1,000 feet is more appropriate in residential areas. Nina Beety discussed recommendations and concerns regarding project noticing, standardized designs, CEQA, equipment attached to building exteriors, ADA compliance, public rights-of-way, strand-mounting, temporary cell towers, RF exposure report, mockups, and setbacks. Marta Kraftzeck encouraged the Planning Commission to maintain a 100-foot setback for aesthetic and safety purposes, shared concerns for noise and health risks, and suggested placing limitations on equipment height and size, view impacts, and potential risk to residents. Christy Hollenbeck spoke in support of a 500-foot setback, referenced other California cities with similar setbacks requirements, opposed wireless facilities near homes and schools, and urged the Commission to require mockups. Bruce Zanetta, resident of Monterey Vista Neighborhood and member of the Monterey Vista Neighborhood Association (MVNA) Undergrounding Subcommittee, argued in favor of requiring that wireless facilities be undergrounded and enforcing the Commission’s 100-foot setback proposal. Jean Rash, member of Monterey Vista Neighborhood Association (MVNA), urged the Planning Commission to support 100-foot setbacks from residents, and require three-dimensional mockups as well as policy issue documentation. Jeanne Ferrara suggested property values decrease when cell towers are nearby, argued in favor of requiring 100-foot setbacks from schools and residences, three-dimensional mockups, and drive-by testing, then shared concerns for fire risk, global warming, and public health. Commissioner Comments Commissioner Dawson inquired about the feasibility of requiring a 100-foot setback from residences and schools. Ms. Cole explained that Staff’s conclusion was that the 100-foot setbacks to residences and schools eliminates too much of the City from having wireless facilities. Commissioner Brassfield asked if there was a map showing right-of-way locations where cell towers are preferred instead of in residential neighborhoods. Ms. Cole provided ways the draft Planning Commission Meeting Minutes Tuesday October 25, 2022 8 DocuSign Envelope ID: F28E5075-C375-46D5-9E73-E9C0F51E254C Planning Commission Minutes Tuesday October 25, 2022 Ordinance encourages facilities to be in commercial and industrial areas over residential neighborhoods. Commissioner Freeman outlined the process neighbors and City Staff have gone through to create the Wireless Ordinance, suggested requiring photo simulations and establishing a 250- foot setback with 500-foot coverage, said the 100-foot setback from schools and homes is not viable, and spoke in favor of adopting a standardized pole design. Vice Chair Millich asked clarifying questions about effective prohibition, argued in favor of enforcing a 100-foot setback from schools and residences, raised questions regarding legal course if a lawsuit occurs, and said wireless facilities do not belong in residential areas. Chair Fletcher agreed with Vice Chair Millich, suggested limiting visual clutter to preserve aesthetics, and spoke in support of what had been approved at the September 27, 2022 hearing he could not attend. Commissioner Brassfield recommended requiring applicants to provide three-dimensional mockups with their proposals. Vice Chair Millich moved to approve the Draft Ordinance as presented, with added conditions that a 100-foot setback from schools and residences must be required and any relief granted from showing effective prohibition must be the least intrusive. Ms. Davi requested clarification on the motion. Ms. Karish suggested the Ordinance may already fit the condition regarding effective prohibition and discussed verbiage with Vice Chair Millich. Commissioner Brassfield suggested including the phrase in the definitions list. Commissioner Freeman seconded the motion. Ms. Cole reiterated the verbiage Vice Chair Millich suggested and Vice Chair Millich confirmed she had listed the changes accurately reflecting the motion. Commissioner Freeman raised issues with the photo simulation and standardized pole design by area, highlighting potential difficulties with each. Commissioner Dawson shared concerns regarding the 100-foot setback requirement. On a motion by Vice Chair Millich, seconded by Commissioner Freeman and carried by the following vote, the Planning Commission adopted a Resolution recommending an Ordinance to the City Council repealing and replacing City Code Chapter 38 Article 17 Section 112.4 related to wireless communication facilities as presented, with added conditions that a 100- foot setback from schools and residences must be required and any relief granted from showing effective prohibition must be the least intrusive: AYES: 3 COMMISSIONERS: Fletcher, Millich, Freeman NOES: 2 COMMISSIONERS: Brassfield, Dawson ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday October 25, 2022 9 DocuSign Envelope ID: F28E5075-C375-46D5-9E73-E9C0F51E254C Planning Commission Minutes Tuesday October 25, 2022 8. Consider 601 Lighthouse Avenue; Use Permit Application UP-22-0115 to Allow Residential Density to Exceed 30 Units Per Acre (36 Units per Acre Proposed; Exceptional Design Finding Required) for a Commercial Building Conversion to a Mixed Use Building with Five Residential Units, New Interior Parking, Roof Access and Roof Deck, and Ground-level Retail Space; Applicant Ethan Hare, Hare Construction; Owner Monterey 601 Lighthouse Ave, LLC.; PC-LH Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA Requirements per Article 19, Section 15303, Class 3 and Section 15331, Class 31 ACTION: Approved Use Permit application UP-22-0115 to allow residential density to exceed 30 units per acre (36 units per acre proposed; exceptional design finding required) for a commercial building conversion to a mixed-use building with five residential units, new interior parking, roof access and roof deck, and ground-level retail space at 601 Lighthouse with an added condition to eliminate portion of deck railing that would exceed the 35-foot height limit Staff Presentation/Commissioner Questions Senior Associate Planner Schmidt presented the Agenda Report and answered Commissioner questions. Community Development Director Cole added that story poles were installed for the rooftop elevator and reiterated that Staff’s recommendation is to pull back the deck railing from Lighthouse Avenue so it does not exceed 35 feet because the ADA finding could not be met. Applicant Applicant Ethan Hare outlined challenges faced with this property, spoke of excitement for adding housing and commercial units while reinvigorating the building, and stated the maximum height could be addressed through collaboration with the City and its Architectural Review Committee. Public Comments Bill Blume, project Partner, expressed excitement to get the project moving, said a lot of work had been done to make it a good project, and conveyed hope to make this the shining star of the Lighthouse Corridor. Project Architect Christopher Barlow shared background information regarding a previous project at the site, said the proposal includes an extra unit, and claimed the project would be a good example for adaptive reuse within the Lighthouse Specific Plan design standards for mixed-use buildings. Commissioner Brassfield spoke in favor of the design and square footage of the apartments and inclusion of parking, then inquired about fire escape requirements. Mr. Barlow detailed requirements for fire escape safety. Commissioner Comments Planning Commission Meeting Minutes Tuesday October 25, 2022 10 DocuSign Envelope ID: F28E5075-C375-46D5-9E73-E9C0F51E254C Planning Commission Minutes Tuesday October 25, 2022 Commissioner Freeman spoke in support of approval as this area was determined ideal for mixed use buildings. Chair Fletcher, Commissioner Millich, and Commissioner Brassfield agreed and commended the design. Commissioner Freeman moved to approve the proposal with an added condition to eliminate the portion of deck railing that would exceed the 35-foot height limit. Commissioner Brassfield seconded the motion. On a motion by Commissioner Freeman, seconded by Commissioner Brassfield and carried by the following vote, the Planning Commission approved Use Permit application UP-22-0115 to allow residential density to exceed 30 units per acre (36 units per acre proposed; exceptional design finding required) for a commercial building conversion to a mixed-use building with five residential units, new interior parking, roof access and roof deck, and ground- level retail space at 601 Lighthouse with an added condition to eliminate portion of deck railing that would exceed the 35-foot height limit: AYES: 5 COMMISSIONERS: Fletcher, Millich, Dawson, Brassfield, Freeman NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None INFORMATIONAL REPORTS & STAFF COMMENTS Update received. COMMISSIONER COMMENTS Commissioner Brassfield asked if is possible to include the 6409 designation in item titles. Ms. Cole suggested that may be possible however Staff occasionally disagrees with applicants regarding 6409 applicability so if there is a legal reason it may be done differently. Commissioner Brassfield asked if a new Planning Commission Member been found. Ms. Cole said the position has been advertised and applications were received and elaborated on the replacement process. ADJOURNMENT There being no further business, the meeting adjourned at 9:31 p.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday October 25, 2022 11