Order.

This is the October 14th, 2023.

And welcome everyone.

And commitment freeman.

Here I can go ahead and note staff members present.

Today we have our planning manager lead by hell and myself, recording secretary Cabrera.

And information on participating in this meeting providing public comment, including remotely by Zoom or telephone.

So on this meeting's agenda, which is online at Monterey.gov forward slash agendas.

Remote commenters will be muted until their turn to speak, and the time will be shown on the screen.

If you're connected on Zoom, the timer is accurate with no delay.

The chamber we recommend keeping phones and devices muted to prevent audio interference with the meeting.

Thank you for participating in your city government.

Okay, thank you.

Erica.

So the first item on this afternoon's agenda is the consent agenda.

And there's one item, the approval of the minutes from the September 23rd 25 minutes.

Are there any comments or motions?

We will need to check for public comment on the consent agenda as well.

Okay.

I mean, are there any comments from the uh plan commission?

No.

Okay.

Are there is there anybody in the public uh either in the uh chambers or online who'd like to speak on this item?

Uh there are no hands raised.

Okay, we'll bring it back to the commission for a motion.

Right.

Second.

Okay, we have a motion and a second.

And um we'll do a roll call call for the vote on that.

Vice Trailatosa?

Yes.

Commissioner Blue, yes.

Commissioner Brassfield?

Yes.

Commissioner Dawson.

Okay, noted.

And Commissioner Freeman.

Yes.

Okay, the minutes have been approved.

Okay, thanks, Eric.

So uh next item are uh um general public comments.

If anybody would like to address the commission about an item not on this afternoon's agenda, uh please come forward.

Or if there's anybody online.

I see two attendees online, however, there are no hands raised.

Okay.

So uh no public comments, uh, general combo public comments.

So we'll go right into the public hearing.

So um item number the first item on the uh public hearing is the recommendation approval of amendments to chapter 38 of the Monterey City Code to establish regulations and development standards for firearms and ammunition retail sales uses and amending the home occupation permit procedures.

So uh we'll start off with a staff report.

Yes, thank you, Vice Chair Latassa.

Uh as the vice chair mentioned, tonight's item is going to be for a zoning amendment, specifically establishing regulations and development standards for firearms and ammunition ammunition retail cells citywide, and then also as regulated under a home occupation permit.

So we'll get into the uh specifics.

So the staff recommendation is that the planning commission hold a public hearing and adopt a resolution recommending the city council amend the zoning code to establish the regulations and development standards for firearms and ammunition retail sales and amending the home occupation permit procedures.

A little bit of background on this proposed amendment.

So on February 18th, 2025, the city council adopted an urgency ordinance, and that ordinance suspended the establishment and operation of new firearms and ammunition retail sales businesses uh everywhere in the city.

Uh City Council extended that suspension through an additional ordinance for an additional 10 months on April 1st of 2025.

Prior to that urgency ordinance, firearms and ammunition sales and uses uh were regulated uh as general retail sales, and that there were no specific regulations that apply uh specifically to firearms and ammunition businesses.

So they were treated just like any other sales or retail business prior to these urgency ordinances.

And so during the time of that urgency ordinance, uh staff was working on preparing a proposed amendment that would address the the concerns the council voiced at those meetings.

Uh so we have before you to tonight uh or this afternoon the proposed amendments, which is to uh would effectively prohibit firearms and ammunition cells except for sites located in the IR district, and that that is our industrial administration research district.

And the IR within the IR zone, there would still be additional requirements for new firearms and ammunition uh uses.

Uh specifically the firearms uh businesses that would have uh the retail sales of firearms would still require the approval of a use permit, which as you're all aware would come before this body before it'd be approved and able to operate.

Uh ammunition sales, however, would be allowed as a principally permitted use in the IR district, uh, and subject to the setback requirements, which is 600 uh feet from schools, daycare, playground, residential zone, multifamily overlay zone, uh store that sells liquor, a bar or other firearm or ammunition retailers or a cannabis business.

So those are the uh specific requirements for the IR district.

And as I said earlier earlier, it would be prohibited everywhere else in the city.

So uh we do have some existing uh businesses that uh operate in the world of firearms and ammunition sales, and uh this ordinance would impact some of those businesses to uh to a degree.

Um so these two uh businesses shown on this slide are the two businesses in the city that uh procure or or operate in the world of uh retail sales for firearms, and that is JC firearms located at this court, and then also LMB firearms at 301 Ocean Avenue, which is uh as we understand is not currently operating, it's a newer business, uh, but they do have the proper licenses through the city and a business license.

Um so both of these uh firearms establishments would be rendered legal non-conforming for different reasons.

Uh JC Firearms is actually located in the IR district, that's Harris Court and Ryan Ranch.

However, it is within 600 feet of a daycare, so it would be still rendered non-conforming, however, they would be allowed to continue to operate under that non-conforming status.

Uh and then LB firearms is rendered not legal non-conforming from this ordinance as well, due to them being located outside of that IR zone, but also being rendered non-conforming and allowed to continue to operate.

However, the ordinance would amortize the use for a three-year period, and they would be required to cease operation after that three-year period.

Additionally, there are two uh existing businesses in the city that uh operate and with ammunition retail sales, and that's big five, uh located at 2259 North Fremont Street, and then also Gallagher Ammunition Sales, which is a home occupation permit ammunition sales business located at 871 Alice Street.

So these businesses would also both be rendered legal nonconforming uh for the purpose for the reasons noted noted on the slide.

Um for big five, it's located on the outside of the IR zone.

That site is actually in the North Fremont specific plan.

So it's zone PC.

Uh they would be allowed to continue to operate under their non-conforming status.

Uh and then Gallagher ammunition sales is also also located outside of the IR zone and would be rendered legal non-conforming, allowed to continue to operate at that address only.

And then uh the changes pro uh proposed in the ordinance would effectively not allow home occupation permits or new home occupation permits that uh operate with uh the retail sales, the firearms for ammunition.

So this would be the only one in the city.

And with that, staff recommends that the planning commission hold the public hearing and adopt a resolution recommending the city council amend the zoning code to establish regulations and development standards for firearms and ammunition retail sales and amending the home occupation permit procedures as noted in the draft ordinance in your packet.

And I'm happy to answer any questions that you might have.

Thanks, Leva.

Sure.

Yes, go ahead.

That came as a recommendation through our cons consultation with the police department.

Um and that was added uh after their feedback was provided to staff.

It's totally out of I think it was in line with the uh alcohol use uh sales and bars that were also being uh uh sure.

Any other questions of staff?

Mike as an example of your narrative at the burglary with firearms.

Against a commercial site, not a residential site, correct?

I'm not sure I followed.

But you use the example in our hand up.

And which example are you?

Usually the example where stuff you but it pertaining to a commercial where you're going to be putting firearms.

I don't understand the next two connecting the two in that regard.

Sure.

Um so I think whenever this was before council uh earlier in the year and hearing from the feedback from our police department that was noted as uh potential higher risk for these types of uh theft or security concerns dealing with these businesses.

That's all the question.

Okay.

Okay, thanks Mike.

Any other questions or two businesses on the second slide?

The one on the residents are those also closed on that.

They're not required to close in that for your time period.

Just the one on 301 Ocean.

If I could just add for um Commissioner Brassfield's question, the reference to the theft also ties into the um location restrictions, the restrictions um of not allowing someone in 21 a minor allowed in there without a parent or another adult.

But those are all the regulatory ordinances that are not before this board for consideration, but anyway, that's that's also why that finding is in there.

Okay, yeah, oh, another bike for my sense.

Um that would be a public problem.

Um we're not outlined buying ammunition.

Ammunition will be principally permitted in the IR zones and the existing ammunition retailers will be allowed to continue um operations as legal non-conforming.

No, this is just going into a store.

Um so we're not gonna allow miners to go into a store without a parent where the only um function of that store is to use firearms.

Anyway, that's that's an regulatory changes, not the zoning code changes, but I was just trying to provide more context for commissioner Prascule on why are we referencing this incident in uh Salinas in 2024.

Okay, any other questions of staff?

Okay, seeing none, we'll um proceed to the public comments.

Is there anybody in the chamber who would like to address the commission on this item?

Okay.

Is there anybody online who would like to do that?

Sure.

There is one hand raised.

I can go ahead and allow Colin to speak.

Okay.

Um my name is uh Colin Gallagher, and um I am the I guess you could say the owner and um manager of Gallagher Ammunition.

And uh just uh for the commissioners and if it um uh the in the context uh my particular uh store, it's a hundred percent on lawn store.

Um and so there is nothing physically that um that is there that is present, anything that could potentially be sold, um is in essence in some other state in a warehouse somewhere and is subject to the um the the laws of California in terms of how that online order is processed and then might eventually arrive uh following an order um would then have to be picked up as is typical under California laws um by a by a person by a customer at an at an FFL or um or separately at an ammunition vendor, but but not at my location.

Um so in other words, um a person who might do a s uh an actual ammunition sale or who might complete uh a um uh a purchase of ammunition, uh actually using the proper term here, they would go online, they would buy something, um they would have to actually pick it up.

But typically what happened is they would select an FFL and then they would um uh complete their process that way.

Then I would confirm that the FFL is actually uh a valid FFL, then the order would complete, then it would go to the FFL, then they would go there physically to pick it up.

Um so that's kind of the online multi-step process.

Um for a person who has an FFL, um, like the person at Ocean, once they open, they might have their own stock.

They might um they might be able to sell directly there, or they might order it, order it in and then do the background check for the person at the location, the MO background check as it is, and then sell it to the person in terms of that ammo process.

So it depends on how they how they want to do it or how much stock they want to hold there because um nobody likes to have too much on hand, but you might want to have something if you're in FFL.

like the person at ocean once they open they might have their own stock they might um they might be able to sell directly there or they might order it order it in and then do the background check for the person at the location the MO background check as it is and then sell it to the person in terms of that ammo process so it depends on how they how they want to do it or how much stock they want to hold there because um nobody likes to have too much on hand but you might want to have something if you're in so um that's kind of the the process there um one comment I want to make here is that um I sent you guys an email about this um a little earlier today but um I don't think that this uh idea of having a prohibitive policy that restricts um who cannot who can or who cannot have a a license in the future is a good idea it's an example of Monterey's ongoing uh restrictive uh policies um that are anti-business in a nutshell um I know Monterey has had this ongoing problem with uh income and revenue um and it just is an ongoing issue uh this is just one example and so in the end I don't think you should uh amortize uh as as as the word has been applied here that business on ocean okay um basically thank you Mr Galo Okay is are are there any other uh um comments online or no other hands raised okay great uh so we'll bring it back to the commission for deliberation MO Mike what else okay first of all it's a very controversial topic in California right now uh what we're doing uh um I have experience with logward burglaries which we're not gonna stop because it's it's trying to make make money money so we're we're not gonna stop it no matter where you're at in a residence or in a commercial area I have made these purchases to keep people in their homes most of them vet you before you get there you talk talk to them they ask who do you know that they can't and get an idea of if you're let me just say what part of society you realm in right now I don't think I'll I'll live the but the the spring board reader pretty clear that our rights as owners or to purchase them I I see that government is still I don't take extent any objection to people trying to make our society say that's what I see our council doing here but I just suggest to you that you have people out there trying to try to make a living and once again we're taking away of making a living from somebody maybe retire and leave that extra income people maintain their own I I just don't see the need for it.

Thank you um it'd be nice uh to see you know visual sense where the uh uh allowed locations would be uh as curious so maybe for a few future date if you have the opportunity because I can't really tell how confined an area it is you start to add the different um limitations of schools and different businesses and stuff like that.

Sure I can weigh in on that some extent uh it's so the IR zones in the city consist of those areas on both sides of Garden Road.

Uh there's a small set of properties on highway 68 garden road and then there's the Ryan ranch um IR district so that's the extent of IR district now there's restrictions on the uh six hundred feet from multifamily overlay that pretty much uh excludes the portion along garden road because the entire south side garden road is within a multifamily residential overlay and that it's obviously not six hundred feet um by so practically speaking most of that area is probably not gonna be uh um so that'll be to what those properties the subset property is on highway six gate past garden road and then the area of Ryan Ranch the hair score area but as noted one of those facilities are going to be rendered not conforming because of one of those exclusionary use like a daycare um so obviously obviously those tax of us um could um you know be established in a mean time um that could also impact uh one of these ability to operate did you ever look at uh some of the industrial areas like Pascast over a there's a lot of work shops or cars and light industrial it would seem like that would be uh advantageous area for business as well yeah but we those are in our uh uh heavier commercial zones than our industrially zone okay from the I don't I don't see why the restrictions it's not like you're gonna why you're gonna show they care I mean it just doesn't make any sense to me so we're gonna have to reinstall business I think it's to keep the the uh kids provide that um um see that you have a okay um well so um yeah

Okay, uh I don't I don't see why the restrictions it's not like you're gonna why you're gonna show a big career.

I mean it's it just doesn't make any sense to me.

So I think it's to keep the the uh kids from buying that.

Sure.

Um well so um I guess uh um I'm in favor of the item.

It seems like a um I know it was controversial, but it seems like a um sort of gap in the ordinance that that well haven't addressed a uh an important um uh safety issue in the city.

So doesn't seem like a big deal.

Uh I uh think we're gonna be um the Supreme Court on this one, but uh um so I'm gonna be supporting the item.

So um uh uh can I hear a motion for anybody um to recommend approval of amendments to chapter 38 of the moderated city code establish regulations and development standards for firearms and emanation because sales uses amending the home occupation pro uh uh permanent procedures?

Okay.

So we have a motion and a second second.

Uh should we have a roll call?

Uh sure, Ice Charlie Tasa?

Yes, yes.

Commissioner Pluth?

Yes.

Commissioner Brass?

No.

Okay.

Commissioner Dawson, and Commissioner Freeman.

Okay, looks like that carries a vote of three.

Uh thank you.

Thanks for coming in.

Yeah, uh you fear things.

Yeah.

Okay, thank you.

Thank you.

You too.

Okay, so the next item is uh the uh recommend recommending denial of amendments to chapter 38 of the moderate city code to increase the number number of storefront retail cannabis businesses allowed in the CB2 can of this business overlay to district.

Um we will start off for a step report.

Sure, so uh informal report for the side film is that's no predominant agenda path and uh subsequent to no noticing this item.

Uh the the applicant had requested uh that the item be tabled so that there can be further analysis to be done on on uh staff carton for that and provide a little bit of additional information prior to the commission considering the amendment.

But uh uh so uh uh but as the vice chairman the item is uh generally a zone amendment request to increase the number number of allowed uh cannabis retail storefront um operation in the C B2 overlay, which is just the downtown overlay.

Um but yes, uh at this point in time that's recommending with that on the table for a few future meeting.

Okay.

Um but we still will go through the process of the public hearing correct.

Are the replay of what do you think uh reach one?

Yeah, I think it'll be coming in uh probably the next two months.

Uh there's still um we're still in the midst of the implementation of the original um can this ordinance and that whole process so uh I think the applicant um is waiting to see how that um plays out before it comes before this um questions?

Is C B2 operator street?

It would include the Alvarado Street area, however I believe retail front tracks prohibited to find on Alvarado, but it's just that general area.

And um North Green and like House, are they also CB2?

They're not a C B2.

So just those are the other cannabis overlay areas, so the C B2 is specifically just the downtown moderator um area.

I I can uh leave I didn't see anything in the report about who the applicant was.

Is that not uh to this point?

No, it is it's just not a uh uh it's just yeah uh um I think it's just not a title, but it was one of our uh retailers that apply to the process of either embark as the as the entity name um big in bark park.

Okay, yeah.

Um uh we'll ask in the public.

thing in the report about who the applicant was was that not uh goals to this point no it it is it's just not uh uh it's just yeah uh um update it's just not a title but it was one of our uh retailers that applied to the process of either embark as the as the entity name um they got in bark okay yeah um okay so um uh we'll ask in the public is there anyone in the public who would like to uh um speak down this time uh chamber empty so is there maybe online uh there is one attending online on the hand is not raised but if you are to you might call the house or to raise your hand and start extending it and they're still not hands raised so we'll bring it back to the commission for a motion motion okay most okay so uh a motion to table uh anybody uh have a second okay uh the two mics or not for the motion here exquire so we have a motion and a second um their comments so we'll uh ask other for a roll call sure vice chair toss it yes commissioner lit yes field yeah commissioner dawson and commissioner came yes that item has been tabled uh slowly we'll move on to commissioner comments you know we can talk a little about burn more and uh I'm wondering what the possibility is for us to look at specific we make a request to initiate uh we uh discuss that uh so it'll be typically uh um sorry program is established by the city council and that's gonna end annual work program so I think it'd probably be best to be brought up up around the time I think they established I typically charged with the fiscal so uh I think I would recommend bringing it up to the uh city council at that time what do you kind of in the tracks with the fiscal year so I think that you usually establish the work program in the spring as well whenever that's being discussed July yeah so you should try to line it up with the funding that's gonna be available for that school yeah something we just did up on that public comment or if you have conversation with a particular council member and you can also initiate it we've noted a lot of things that would come out of that we don't have a road story at the end so with the state is formally on the top people have to make and I I would suggest to you that would be nobody in that whole part of the city can go to the grocery store without getting into a car or quite a dis included in that we services of that if when you say discussion I mean like the establishment of the specific plan itself it would would be um so that would be something that would be studied a lot of that is based on market analysis analysis so it's kind of one of those things I think the specific plan would establish uh a set of uses that would be appropriate for the area perhaps some locations that are more sp more inclined to support us than other locations and so that's what will come out of this specific plan itself is making those opportunities available.

Um obviously uh I think it's definitely something important to look at as we rezon a lot of uh that area area to support um the development of housing opportunities it's important to look at the uses that support those residents as well I figured there's not much sharing between the county and the city regarding starting the county to increase the population that the county has an actual excellent job of keeping us informed as they work are still working through their house on that and specifically the area of target flats that is in our housing element uh they have many meeting with us periodically as that kind of evolves to the uh adoption under housing element but that is definitely something that we're looking at uh um uh and anticipating a a certain volume of development happening right outside the city limits and how that's gonna have our service and taking place it is uh sandy microcom it was on my way to the NCIP council meeting last night deluge is so did not go could you give us some information about the I have not been fully debriefed on that meeting either um and uh I was watching the Dodgers baseball game instead of that so uh you had your priorities I uh you know I I didn't have any on that so that's about opportunity uh put my eyes she didn't watch the video thank you live three minutes away from what's her title the sand bar with my granddaughter and my we finished dinner and walked out and was like oh my god this is a silk yeah and you're telling us you gave up the experience I was wondering last meeting you mentioned where to moderate one um open house did you actually actually go yes how was that it was uh really interesting was uh

We finished dinner and walked out and it was like oh my god.

This is a silk.

Yeah, it was kind of the only one.

I was channeling.

I was wondering last meeting you mentioned moderate one um open house.

Did you actually actually go?

Yes.

How was that?

It was uh really interesting was uh for uh uh it's uh is it?

It's not near the uh okay, okay.

I meant to go and I wasn't here, so I I missed such an opportunity.

Um planning office update.

Yeah, so uh as noted in the packet, uh we do have one item that's until we schedule controlled for our October uh twenty-eighth meeting, and I believe we may actually have a second item that's gonna be added there as well, but the phone in the center record is a wireless application.

But I think we may have uh another residential referral item that maybe on the agenda as well.

Um also wanted to uh we're gonna check for quorum.

Eric, can you recall which meeting we're gonna check and okay, yes.

Thanksgiving, I believe, so we wanted to go ahead and check us to see if uh anyone was gonna see the head shaking already.

But uh most important to some of us is how how are the interviews going?

Yes, uh this week.

Oh well.

That's a good question for me.

I'm not gonna brought up to speed on that.

Um but uh the larger question is what's the time frame for the consolidation?

And I think that's uh coming in the next couple of months.

I think we're gonna reach a point where that's gonna be completed to the ARC and Commission consolidation.

But uh um until then and I I've not been told of any um placements on either committee or commission.

So we haven't been informed of any car by the lead here.

We appreciate it.

So remind me where the next meeting things are so we have October 28th, yeah.

Um so we think we're gonna have to have or those not gonna be available for that meeting.

Okay.

So let's like the twenty-eighth.

Then we have uh November 11th.

Yeah.

November twelfth is Tuesday.

Oh November twelfth.

Not 11th.

11th is a Tuesday day, but it's I mean that that's a holiday day, so we'll we would end up canceling that meeting.

November twenty-fifth meeting, which is the week of Thanksgiving, so that would be the Tuesday before Thanksgiving.

So I heard the council desk report uh update on what's going on.

Can we get a can we get a set count for who would be available on November 25th?

So okay, we'll check everyone.

Okay.

Thank you.

And so um November is a Tuesday.

Okay, yeah.

Yeah, uh, oh that's right.

Right?

Yes, right.

Okay, so I think that's it.

Uh the meetings are turned.