Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, May 10, 2011 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Commissioners Present: Widmar, Davis, Garden, McCrone (Arrived at 4:03 pm) Osorio, Stites, Stocker Commissioners Absent: None Staff Members Present: Chief of Planning, Engineering, and Environmental Compliance Rerig, Principal Planner Cole, Senior Planner Ebbs, Police Lieutenant Jackson, Recording Secretary Hanes CALL TO ORDER Chair Widmar called the meeting to order at 4:00 pm. CONSENT ITEMS On a motion by Commissioner Garden, seconded by Commissioner Stites, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 6 COMMISSIONERS: Widmar, Davis, Garden, Osorio, Stites, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: McCrone ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 1. 211 Hoffman Avenue; Use Permit Application 10-273; Applicant/Owner Eric Miller Architects; C-2 Zoning District; Exempt from CEQA Requirements. Approve Use Permit for Construction of New Mixed Use Building. ACTION: Continued to the May 24, 2011 Meeting.6-0-0-1 (Abstained – McCrone). Approval of Minutes On a motion by Commissioner Davis, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission approved the April 26, 2011 minutes. AYES: 6 COMMISSIONERS: Widmar, Davis, Garden, McCrone, Osorio, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Stites RECUSED: 0 COMMISSIONERS: None 2. April 26, 2011 ACTION: Approved. 6-0-0-1 (Abstained – Stites). ***End of Consent Agenda***  Planning Commission Minutes Tuesday, May 10, 2011 PUBLIC COMMENTS None. PUBLIC HEARING 3. 96 Fisherman's Wharf No. 1; Appeal 11-106 of ARC Application 11-015; Appellant Dennis Hodgin for Benji Shake; Owner City of Monterey; Exempt from CEQA Requirements. Consider Appeal of Architectural Review Committee approval of exterior paint colors. ACTION: Approved the appeal and overturned the decision of the Architectural Review Committee (ARC) with amended Findings for Decision. 6-0-1 (Noes - McCrone). Staff Presentation/Commissioners Questions: Forrest Ebbs presented the staff report and along with Kim Cole, answered Commissioners’ questions. Applicant: Dennis Hodgin, Architect, gave a history of the application process and the discussions that occurred surrounding the color of the building. He referred to the Wharf Master Plan and read an excerpt indicating that the various colors on the Wharf make the visit to Fisherman's Wharf an entertaining experience. He presented a slideshow showing the various colors of buildings that are on the Wharf and specifically the building in question. He requested the Commission either allow the applicant to return to the Architectural Review Committee (ARC) to work on an agreement regarding the color or overturn the ARC decision. In answer to Commissioner Osorio's question, Mr. Hodgin again made a reference to the Wharf Master Plan. In answer to Commissioner Garden's question, Mr. Hodgin said the applicant erred by suggesting to repaint the building a grey color. In answer to Commissioner Stocker's question, Mr. Ebbs said that the building has been many different yellows with different color wainscoating, and therefore repainting the building yellow is not considered routine maintenance. Benji Shake said that the building has been yellow for over 20 years. Public Comments: Chris Shake said the yellow has been a trademark of Monterey Whale Watching for a number of years and is represented on both the website and marketing materials. He also said that employees direct patrons to the yellow building on the Wharf. Commissioner Comments: Commissioner Garden motioned to deny the appeal and uphold the decision of the ARC with findings. Commissioner McCrone seconded the motion. Planning Commission Meeting Minutes Tuesday, May 10, 2011 2 Planning Commission Minutes Tuesday, May 10, 2011 Commissioner Stocker said the intent and spirit of the Wharf has always been a multicolored oddity and does not support the motion. Commissioner Davis concurred with Commissioner Stocker and said the finding is not consistent with the approvals of other Wharf buildings. He said the yellow submitted at the February 16, 2011 ARC Meeting was appropriate and it appears that the ARC had given direction to the applicant that the yellow and grey combination was acceptable. He also said that there are many buildings on the Wharf with unique and bright color schemes which is the intended character of the Wharf. Mr. Ebbs clarified that there is no record of the yellow as an approved color for the subject property. Commissioner Garden withdrew his motion to deny. Commissioner Stocker made a motion to approve the appeal and overturn the ARC decision and accept the colors of “Decisive Yellow” and “Uncertain Grey” as submitted. Commissioner Davis seconded the motion. Commissioner Osorio said the Wharf Master Plan is very vague in the description of acceptable colors. Commissioner McCrone said adequate guidelines should be added to the Waterfront Master Plan. Commissioner Widmar asked Commissioner Stocker to add a finding to the motion that would clarify the reason for overturning the ARC decision. Commissioner Stocker said the project should have never gone to the ARC and the applicant should have been allowed to conduct the appropriate maintenance. Commissioner Davis said an appropriate finding is that the ARC's finding is incorrect and not based on the Wharf Master Plan policies. Commissioner Osorio said he will support the motion but does not recognize that the ARC erred in their decision. After a discussion concerning the appropriate language for an added finding, the Commission agreed that an appropriate finding is that the ARC erred by making an ad- Hoc decision based on the absence of a policy regarding free standing buildings. Commissioner Stocker accepted the finding and added it to his motion. Commissioner Davis agreed. Chair Widmar called for a five minute recess at 4:59pm due a power outage. Reconvened at 5:05pm. Planning Commission Meeting Minutes Tuesday, May 10, 2011 3  Planning Commission Minutes Tuesday, May 10, 2011 On a motion by Commissioner Stocker, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission approved the appeal and overturned the decision of the Architectural Review Committee (ARC) with amended Findings for Decision. AYES: 6 COMMISSIONERS: Widmar, Davis, Garden, Osorio, Stites, Stocker NOES: 1 COMMISSIONERS: McCrone ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. Consider 685 Cannery Row; Use Permit 09-050; Applicant Santiago Marasigan; Owner The Cannery Row Company; C-R Zoning District; Exempt from CEQA Requirements. (Continued from April 26, 2011) Consider twelve-month review of Use Permit 09-050 for Live Entertainment to determine if Conditions of Approval have been met and the extent of impacts upon adjacent properties, if any. The Planning Commission can grant the Use Permit for additional time, deny the Use Permit, or require additional or revised Conditions of Approval. ACTION: Approved extension of the Live Entertainment Use Permit for an additional twelve (12) month period. 7-0-0. Staff Presentation/Commissioners Questions: Kim Cole and Lt. Jeff Jackson presented the staff report and answered Commissioners’ questions. Applicant: Santiago Marasigan was present. Public Comments: None. Commissioner Comments: Commissioner Stocker said that due to testimony from Lt. Jackson in favor of the Extension of the Use Permit, he motioned to approve the extension of the Live Entertainment Use Permit for an additional twelve (12) month period. Commissioner Davis seconded the motion. Commissioner Osorio addressed the applicant indicating that the Use Permit is a privilege and the applicant has a social obligation to make sure that they abide by the Conditions of Approval and provide a safe environment for the patrons. On a motion by Commissioner Stocker, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission approved the extension of the Live Entertainment Use Permit for an additional twelve (12) month period. Planning Commission Meeting Minutes Tuesday, May 10, 2011 4  Planning Commission Minutes Tuesday, May 10, 2011 AYES: 7 COMMISSIONERS: Widmar, Davis, Garden, McCrone, Osorio, Stites, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS 5. Response to Commissioners' Comments at the April 26, 2011 meeting. Report received. New Comments:  Commissioner Osorio questioned staff about the implication on the Waterfront Master Plan if the City Council approves extensions of Wharf leases for 10 years before the plan is completed and appropriate guidelines are in place. Chip Rerig responded indicating that the majority of Wharf leases have expired and are currently under review.  Commissioner McCrone requested that staff investigate the document online for the Draft Waterfront Master Plan and assure that it is the correct document. Ms. Cole responded and said staff will check the document that was posted.  Commissioner Garden complimented the improvements that are being made with the technology in the City and informed staff that he was now able to manipulate PDF documents as he requested in the last Planning Commision Meeting. INFORMATIONAL REPORTS & STAFF COMMENTS 6. Planning Office Update. Report received and reviewed.  Ms. Cole informed the Commission of an addition to the Tentative Agenda for May 24, 2011. She said that a representative from the Defense Language Institute (DLI) will give a presentation on the DLI Master Plan. She also said the meeting could contain both an afternoon and evening session. ADJOURNMENT There being no further business, the meeting adjourned at 5:31 pm. Respectfully Submitted, Approved, Kimberly Cole Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, May 10, 2011 5