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Planning Commission Meeting

Regular Meeting

Monterey, CA · November 8, 2022

AgendaMinutesPacket

Minutes

DocuSign Envelope ID: F236DB98-1986-44F2-A468-E52D12C4F263 MINUTES PLANNING COMMISSION CITY OF MONTEREY November 08, 2022 4:00 PM – 5:30 PM COUNCIL CHAMBER AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Commissioners Present: Fletcher, Millich, Brassfield*, Dawson*, Freeman Commissioners Absent: Latasa Staff Members Present: Community Development Director Cole, Principal Planner Roveri*, Recording Secretary Barrera * 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. ***Afternoon Session Agenda Only*** 4:00 p.m. – 5:30 p.m. CALL TO ORDER Chair Fletcher called the meeting to order at 4:03 p.m. Recording Secretary Barrera provided information to the public on how to participate and provide public comment during the meeting. PUBLIC COMMENTS None. PUBLIC HEARING 2. 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) ACTION: Denied 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 at 113 Spray Avenue Staff Presentation/Commissioner Questions Principal Planner Roveri presented the Agenda Report. The Commission had no questions. Applicant Applicant and architect Allen Robinson shared materials in support of the variance, summarized the history of Stephen Meyer’s home ownership, and stated he does not believe granting the DocuSign Envelope ID: F236DB98-1986-44F2-A468-E52D12C4F263 Planning Commission Minutes Tuesday November 08, 2022 variance would cause other homeowners to request the same. Mr. Robinson also shared a letter that argued the City’s conditions. Commissioner Brassfield asked if the view of the roof line would be in the back of the house and if the highest portion would be 30 feet. Mr. Robinson explained the roof would only be raised in the back and stated 30 feet and four inches are needed. Ms. Cole clarified that under the previous City Code the height limit was 30 feet. Public Comments None. Commissioner Comments Vice-Chair Millich sympathized with the applicant but said he would vote for denial based on the City Code. Commissioner Dawson alleged it would be a slippery slope to allow this variance and would not want to cause arguments between neighbors. Commissioner Brassfield agreed with Commissioner Dawson but added that he empathizes with the applicant. Commissioner Freeman noted letters were submitted that spoke against approving the variance, said, “rules are rules”, and added that because Del Monte Beach is a unique residential neighborhood of Monterey it tends to spawn arguments amongst neighbors. Chair Fletcher stated the proposal is modest but he feels the Commission should be consistent because of the heightened concern from neighbors. On a motion by Vice Chair Millich, seconded by Commissioner Freeman, and carried by the following vote, the Planning Commission denied 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 at 113 Spray Avenue: AYES: 5 COMMISSIONERS: Fletcher, Millich, Brassfield, Dawson, Freeman NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Consider Recommending a Resolution to the City Council Establishing Objective Design Standards for the Downtown and Lighthouse Specific Plans and Amending the Plans to Clarify Visitor Accommodation Facility District Requirements, Adding Massage Establishment Requirements and Definition, Adding Fence and Wall Requirements, Adding Makerspace Use Classification and Definition, Clarifying Residential Minor and Major (First Floor; Four Units or More) Requirements, Adding New Subdivision Minimum Lot Size and Width Requirements, Updating Streetscape Lighting Requirements, and Planning Commission Meeting Minutes Tuesday November 08, 2022 2 DocuSign Envelope ID: F236DB98-1986-44F2-A468-E52D12C4F263 Planning Commission Minutes Tuesday November 08, 2022 Amending the Utility-Major Definition to Include Water Facilities (Exempt from CEQA Article 19, Section 15305, Class 5) ACTION: Continued the item to the December 13, 2022 Planning Commission Meeting Staff Presentation/Commissioner Questions Community Development Director Cole introduced the item, then Principal Planner Roveri presented the Agenda Report and answered Commissioner questions. Commissioner Freeman asked if there is a deadline to apply under Senate Bill 35 (SB35) and what that deadline is. Ms. Cole explained the effective legislation date. Commissioner Freeman asked if the Objective Design Standards could be modified later according to field evidence. Ms. Cole confirmed they could be amended. Commissioner Brassfield asked if the Objective Design Standards could be an applicable default to the other design areas with the expectation of changing them later. Ms. Cole said that if these standards are adopted, Staff would revise the other Area Plans shortly after. Applicant None. Public Comments Sharon Dwight read a letter to the Commissioners regarding the Lighthouse design standards. Joh Keefe spoke about the Makerspace, specifically kiln size and kilowatt usage. Alora Daunt spoke about the Makerspace including horsepower and kilowattage issues, suggested a decibel reading rather than energy intake to determine equipment standards, and stated makers may want to use their spaces for public workshops. Commissioner Comments Commissioner Brassfield asked how the proposed fence standards came about. Ms. Roveri explained there was nothing in City Code or Specific Plans for fences and wall materials, so if those areas are not addressed, someone under SB35 or SB9 could build whatever they want. Commissioner Brassfield questioned shops on Lighthouse Avenue that have three- or four- foot fences and if they could be higher. Ms. Roveri said the maximum height is six feet. Commissioner Brassfield commended Staff for being so objective and spoke in favor of all zones being equal. Vice-Chair Millich suggested recommending that the City Council adopt the suggestions and fine-tune them later in the process. Commissioner Freeman agreed with Vice-Chair Millich but said she had not yet been able to read Ms. Dwight’s suggestions and would like more time to read through them. Planning Commission Meeting Minutes Tuesday November 08, 2022 3 DocuSign Envelope ID: F236DB98-1986-44F2-A468-E52D12C4F263 Planning Commission Minutes Tuesday November 08, 2022 Chair Fletcher agreed and spoke in support of having more time to get it closer to finished. Commissioner Brassfield added that he would like to give Ms. Roveri and Ms. Dwight more time to address the issues discussed at this hearing. Ms. Cole stated the next meeting would be December 13, 2022. On a motion by Vice-Chair Millich, seconded by Commissioner Freeman and carried by the following vote, the Planning Commission continued the item to the December 13, 2022 Planning Commission Meeting: AYES: 5 COMMISSIONERS: Fletcher, Millich, Brassfield, Dawson, Freeman NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. Consider 2200 Garden Road Use Permit UP-22-0207 to allow the collocation of a DISH Wireless LLC (DISH Wireless) Personal Wireless Service Facility on an existing transmission tower; Applicant Travis Wells, Core Development Services on behalf of DISH Wireless; Owner: Redwood Gulch LLC; Industrial Zoning District (I-R-130-RA-ES- MF); Industrial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15303, Class 3 ACTION: Approved UP-22-0207 to allow the collocation of a DISH Wireless LLC (DISH Wireless) Personal Wireless Service Facility on an existing transmission tower at 2200 Garden Road Staff Presentation/Commissioner Questions Consultant Jerry Hittleman presented Agenda Report and answered Commissioner questions. Commissioner Dawson asked if the warning signs would be posted in English and in Spanish. Mr. Hittleman said they are available, but he could not find that as a requirement under Occupational Safety and Health Administration (OSHA) guidelines. Commissioner Dawson said the Airport District asked him why they were not notified and recommending notifying them of these proposals. Commissioner Brassfield asked whether this was a proposed remodel or a new project. Mr. Hittleman stated this project is going on an existing tower and not increasing height or width. Applicant Applicant Travis Wells was available to answer questions. Public Comments None. Commissioner Comments Planning Commission Meeting Minutes Tuesday November 08, 2022 4 DocuSign Envelope ID: F236DB98-1986-44F2-A468-E52D12C4F263 Planning Commission Minutes Tuesday November 08, 2022 Commissioner Brassfield requested clarification regarding the Wireless Ordinance. Ms. Cole outlined differences in requirements between the current and proposed draft Ordinances. On a motion by Vice Chair Millich, seconded by Commissioner Dawson and carried by the following vote, the Planning Commission approved UP-22-0207 to allow the collocation of a DISH Wireless LLC (DISH Wireless) Personal Wireless Service Facility on an existing transmission tower at 2200 Garden Road: AYES: 5 COMMISSIONERS: Fletcher, Millich, Brassfield, Dawson, 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 Freeman asked Ms. Cole if it would be beneficial for Commissioners to write comments, amendments, or additions for Ms. Roveri ahead of public hearings. Ms. Cole said they could be submitted as public comments and would be made accessible to the public. ADJOURNMENT There being no further business, the meeting adjourned at 6:00 p.m. Respectfully Submitted, Approved, Kimberly Cole Chair Community Development Director Planning Commission Planning Commission Meeting Minutes Tuesday November 08, 2022 5

Agenda

Planning Commission Commissioners Daniel Fletcher, Chair Meeting Agenda Stephen Millich, Vice Chair Mike Brassfield Tuesday, November 8, 2022 Mike Dawson Sandra Freeman 4:00 PM – 5:30 PM Terry Latasa ZoomGov Teleconference and Council Chamber, 580 Pacific St., 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 required 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 November 08, 2022 PC meeting agenda. The field trip will depart from the lawn behind Colton Hall at 4:00 p.m. For more information, call (831) 646-3885. Date Posted: November 04, 2022 ***Afternoon Session Agenda Only*** 4:00 - 5:30 p.m. 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 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) 3. Consider Recommending a Resolution to the City Council Establishing Objective Design Standards for the Downtown and Lighthouse Specific Plans and Amending the Plans to Clarify Visitor Accommodation Facility District Requirements, Adding Massage Establishment Requirements and Definition, Adding Fence and Wall Requirements, Adding Makerspace Use Classification and Definition, Clarifying Residential Minor and Major (First Floor; Four Units or More) Requirements, Adding New Subdivision Minimum Lot Size and Width Requirements, Updating Streetscape Lighting Requirements, and Amending the Utility-Major Definition to Include Water Facilities (Exempt from CEQA Article 19, Section 15305, Class 5) 4. Consider 2200 Garden Road Use Permit UP-22-0207 to allow the collocation of a DISH Wireless LLC (DISH Wireless) Personal Wireless Service Facility on an existing transmission tower; Applicant Travis Wells, Core Development Services on behalf of DISH Wireless; Owner: Redwood Gulch LLC; Industrial Zoning District (I-R-130-RA-ES-MF); Industrial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15303, Class 3 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. 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 Planning Commission 11/8/2022 4:00:00 PM 2 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). 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 11/8/2022 4:00:00 PM 3

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