Planning Commission Meeting

DocuSign Envelope ID: F5507115-BA34-4081-8EE6-85A484DE8409 MINUTES PLANNING COMMISSION CITY OF MONTEREY Tuesday, September 12, 2023 4:00 PM – 5:30 PM 7:00 PM – 11:00 PM COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Commissioners Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva Present: Absent: None City Staff Community Development Director Cole, City Attorney Davi, Planning Present: Manager Hill, Senior Associate Planner Schmidt, Contract Planner Hittleman, Recording Secretary Cleary FIELD TRIP The Planning Commission did not conduct the agendized field trip due to a lack of quorum. ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER Chair Dawson called the meeting to order at 4:00 p.m. and Recording Secretary Cleary provided information to the public on how to participate and provide public comment during the meeting. 1. Meeting Procedures CONSENT ITEMS Approval of Minutes 2. August 22, 2023 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) ACTION: Approved as submitted. On a motion by Commissioner Brassfield, seconded by Commissioner Freeman, and carried by the following vote, the Planning Commission approved the August 22, 2023 Minutes as submitted: AYES: 7 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** DocuSign Envelope ID: F5507115-BA34-4081-8EE6-85A484DE8409 Planning Commission Minutes Tuesday September 12, 2023 PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public Comment on non-agenized matters was not received. PUBLIC HEARING 3. 1. Consider and Approve 2 Upper Ragsdale Drive: (1) Amendment to Planned Unit Development Permit for a Lot Line Adjustment, and (2) Addendum to the Mitigated Negative Declaration adopted on November 5, 2002, related to the project. Applicant and Owner Montage Health 2. Deny Appeals of Architectural Review Committee’s Approval of Tree Removal Permit for 2 Upper Ragsdale Drive; Appellants Lorna Moffat; Applicant and Owner Montage Health (Mitigated Negative Declaration adopted on November 5, 2002) 3. Deny Appeal of Various Conditions of Approval in the Architectural Review Committee Permit for 2 Upper Ragsdale Drive; Appellant Montage Health; Applicant and Owner Montage Health (Mitigated Negative Declaration adopted on November 5, 2002) ACTIONS: 1. Approved (1) Amendment to Planned Unit Development Permit for a Lot Line Adjustment, and (2) Addendum to the Mitigated Negative Declaration adopted on November 5, 2002, related to the project at 2 Upper Ragsdale Drive; 2. Denied Appeal AP-23-0053 of Architectural Review Committee’s Approval of Tree Removal Permit for 2 Upper Ragsdale Drive (Appellant Lorna Moffat – Mitigated Negative Declaration adopted on November 5, 2002); and, 3. Denied Appeal AP-23-0054 of various Conditions of Approval of the Architectural Review Committee Permit for 2 Upper Ragsdale Drive (Appellant Montage Health – Mitigated Negative Declaration adopted on November 5, 2002), with amended Conditions of Approval to ensure trees are replaced at a one-to-one ratio, with a minimum 15-gallon trees, and to specify that the replacement trees shall be planted on properties owned or managed by Montage Health Staff Presentation/Commissioner Questions Commissioner Fletcher recused from the item due to a conflict of economic interest. Senior Associate Planner Schmidt presented the Agenda Report and answered Commissioner questions. Topics in focus included review procedures and regulations, justifications for the previous approval, and tree replacement ratios. The Commission also confirmed that no members had participated in ex parte discussions regarding this topic. Appellants / Applicant Chair Dawson allotted 15 minutes for each applicant and appellant presentation. Appellant Lorna Moffat requested more time and said her representative John Purlin would also need more time. City Attorney Davi clarified the process and confirmed it is within the Chair’s purview to allot a time for each speaker. Planning Commission Meeting Minutes Tuesday, September 12, 2023 2 DocuSign Envelope ID: F5507115-BA34-4081-8EE6-85A484DE8409 Planning Commission Minutes Tuesday September 12, 2023 City Attorney Davi and Chair Dawson discussed protocol and procedures, determining that each Appellant would get to speak for 15 minutes, then afterward public commenters would each be granted three minutes to speak. Appellant Lorna Moffat presented her appeal while Mr. Schmidt shared visual slides on her behalf. Representing Project Site Owner, Applicant, and Appellant, Montage Health, Cody Phillips discussed the application, project specifics, and reasons for their appeal. Public Comments Public Comment was received from: Bob Faulis, who alleged that the benefit is greater than the impact; Nina Beety, who opposed Montage Health’s Tree Removal and project applications; Jody Emerson, who agreed with Ms. Beety and Ms. Moffat regarding environmental protection; and Brian Rosen, who opposed the removal of trees and advocated for reducing traffic congestion. Chair Dawson closed the public comment period, then Ms. Moffat disrupted the hearing to interject information regarding Vehicle Miles Traveled (VMT). City Attorney Davi explained the public hearing processes and limits, specifying that Ms. Moffat had already spoken for fifteen minutes and adding that public comment would need to be reopened to others if she was granted a second opportunity to speak. Chair Dawson then reopened the public comment period. Public Comment was received from: Lorna Moffat, who inquired about the amount of VMT added and claimed the Air Board does not measure harmful particulates; Bob Faulis, who explained challenges that may arise when attempting to create new traffic plans; and Nina Beety, who described challenges involved with driving oneself to medical appointments. Applicant Mr. Phillips explained Montage Health is a nonprofit organization, addressed claims regarding the sensitive plant species, and clarified the amount of VMT involved with the proposal. Chair Dawson closed the public comment period. Commissioner Comments Points of discussion included traffic, water runoff, environmental impact, on-site parking, Yadon’s piperia, reduction in scope, the Lot Line Adjustment, and tree replacement ratio, size, and location. The Commission generally agreed that a one-to-one replacement ratio with 15-gallon trees would be suitable and that replanting should occur on Montage Health properties to afford them control over care and maintenance. On a motion by Commissioner Freeman, seconded by Vice Chair Bluth, and carried by the following vote, the Planning Commission approved (1) Amendment to Planned Unit Development Permit for a Lot Line Adjustment, and (2) Addendum to the Mitigated Negative Declaration adopted on November 5, 2002, related to the project at 2 Upper Ragsdale Drive: AYES: 6 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Fletcher Planning Commission Meeting Minutes Tuesday, September 12, 2023 3 DocuSign Envelope ID: F5507115-BA34-4081-8EE6-85A484DE8409 Planning Commission Minutes Tuesday September 12, 2023 On a motion by Commissioner Silva, seconded by Commissioner Brassfield and carried by the following vote, the Planning Commission denied Appeal AP-23-0053 of Architectural Review Committee’s Approval of Tree Removal Permit for 2 Upper Ragsdale Drive (Appellant Lorna Moffat – Mitigated Negative Declaration adopted on November 5, 2002): AYES: 6 COMMISSIONERS: Dawson, Bluth, Brassfield, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Fletcher On a motion by Vice Chair Bluth, seconded by Commissioner Brassfield and carried by the following vote, the Planning Commission denied Appeal AP-23-0054 of various Conditions of Approval of the Architectural Review Committee permit for 2 Upper Ragsdale Drive (Appellant Montage Health – Mitigated Negative Declaration adopted on November 5, 2002), with amended Conditions of Approval to ensure trees are replaced at a one-to-one ratio, with at- minimum 15-gallon trees, and to specify that the replacement trees shall be planted on properties owned or managed by Montage Health: AYES: 6 COMMISSIONERS: Dawson, Bluth, Brassfield, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Fletcher ***End of Afternoon Session Agenda*** RECESS 5:30 p.m. The Planning Commission recessed at 6:03 p.m. RECONVENE The Commission reconvened at 7:01 p.m. with all Commissioners present. ***Evening Session Agenda*** 7:00 - 11:00 p.m. CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public Comment on non-agendized matters was received from: Lorna Moffat, who referenced item three and urged Commissioners to create mass transit plans, save trees, and reduce traffic and noise and pollution. PUBLIC HEARING (EVE) Planning Commission Meeting Minutes Tuesday, September 12, 2023 4 DocuSign Envelope ID: F5507115-BA34-4081-8EE6-85A484DE8409 Planning Commission Minutes Tuesday September 12, 2023 4. Consider 812 Munras Ave Use Permit UP-23-0168 to Allow Modifications to an Existing New Cingular Wireless PCS, LCC, dba AT&T Wireless Communications Facility Section 6409(a) Eligible Facilities Request on an Existing Building Rooftop; Applicant Greg Davis, J5 Infrastructure Partners on behalf of AT&T; Owner: Bhulabhai and Nilam B. Patel, A General Partnership c/o Nilam Patel; VAF Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15303, Class 3 ACTION: Approved Use Permit UP-23-0168 to allow modifications to an existing New Cingular Wireless PCS, LCC, dba AT&T Wireless Communications Facility Section 6409(a) Eligible Facilities Request on an existing building rooftop at 812 Munras Avenue Staff Presentation/Commissioner Questions Wireless application Consultant Jerry Hittleman presented the Agenda Report and answered Commissioner questions regarding Radio Frequency (RF) emissions, equipment, safety, air space rights, and project notifications. Applicant Applicant Greg Davis, on behalf of AT&T, added further information and answered questions regarding colocation. Public Comments Public Comments were received from: Cathy Goode, who expressed confusion regarding the provided information and inquired about safety and signal-blocking within the hotel; Nina Beety, who spoke of Federal Communications Commission (FCC) limits, safety signage, and Electromagnetic Field (EMF) Hazard insurance; and Lorna Moffat, who claimed cellphones interfere with blood sugar in the brain and urged the Commissioners to research further. Commissioner Comments The Commission discussed air rights above neighboring properties, notification requirements, the approval shot clock, and review processes for wireless applications. Commissioner Latasa moved to continue the item and notify neighbors of the RF waves beaming over their property. The motion died with no seconder. On a motion by Vice Chair Bluth, seconded by Commissioner Brassfield and carried by the following vote, the Planning Commission approved Use Permit UP-23-0168 to allow modifications to an existing New Cingular Wireless PCS, LCC, dba AT&T Wireless Communications Facility Section 6409(a) Eligible Facilities Request on an existing building rooftop at 812 Munras Avenue: AYES: 5 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman NOES: 2 COMMISSIONERS: Latasa, Silva ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday, September 12, 2023 5 DocuSign Envelope ID: F5507115-BA34-4081-8EE6-85A484DE8409 Planning Commission Minutes Tuesday September 12, 2023 5. Consider 350 Calle Principal Use Permit UP-23-0180 to Allow Modifications to an Existing GTE Mobilnet California Limited Partnership dba Verizon Wireless Communications Facility Section 6409(a) Eligible Facilities Request on an Existing Hotel Building; Applicant Eric Lentz on Behalf of Verizon; Owner: San Carlos Associates LLC; VAF Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15303, Class 3 ACTION: Approved Use Permit UP-23-0180 to allow modifications to an existing GTE Mobilnet California Limited Partnership dba Verizon Wireless Communications Facility Section 6409(a) Eligible Facilities Request on an Existing Hotel Building at 350 Calle Principal Staff Presentation/Commissioner Questions Wireless application Consultant Jerry Hittleman presented the Agenda Report and answered Commissioner questions regarding the equipment and review process. Applicant Applicant Eric Lentz, on Behalf of Verizon, explained how carriers connect to local fiber cables. Public Comments None. Commissioner Comments The Commission discussed the procedure for this type of proposal and confirmed it is the City’s Wireless Ordinance and not the Federal Communications Commission (FCC) that requires the project be heard by the Planning Commission. On a motion by Commissioner Freeman, seconded by Commissioner Fletcher and carried by the following vote, the Planning Commission approved Use Permit UP-23-0180 to allow modifications to an existing GTE Mobilnet California Limited Partnership dba Verizon Wireless Communications Facility Section 6409(a) Eligible Facilities Request on an Existing Hotel Building at 350 Calle Principal: AYES: 7 COMMISSIONERS: Dawson, Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS The Commission suggested mapping local wireless facilities and discussed the Wireless Ordinance and its noticing protocols. Commissioner Brassfield suggested the Planning Commission attend trainings on State practices when available and reminded Commissioners that training is within the City’s approved budget. INFORMATIONAL REPORTS & STAFF COMMENTS Planning Commission Meeting Minutes Tuesday, September 12, 2023 6 DocuSign Envelope ID: F5507115-BA34-4081-8EE6-85A484DE8409 Planning Commission Minutes Tuesday September 12, 2023 6. Planning Office Update Update received. ADJOURNMENT There being no further business, the meeting adjourned at 8:32 p.m. Respectfully Submitted, Approved, Levi Hill Vice Chair Planning Manager Planning Commission Planning Commission Meeting Minutes Tuesday, September 12, 2023 7