Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, June 14, 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 (arrived at 7pm), Garden, McCrone, Osorio, Stocker Commissioners Absent: Stites Staff Members Present: Chief of Planning, Engineering, and Environmental Compliance Rerig, Principal Planner Caraker, Police Lieutenant Jackson, Senior Planner Ebbs, Senior Associate Planner Bennett, Recording Secretary Hanes CALL TO ORDER Chair Widmar called the meeting to order at 4:05 pm. CONSENT ITEMS On a motion by Commissioner Garden, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 5 COMMISSIONERS: Widmar, Garden, McCrone, Osorio, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Davis, Stites ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 1. Recommendation to City Council on proposed comment letter for the Presidio of Monterey Real Property Master Plan Environmental Impact Statement. ACTION: Approved forwarding the letter to the City Council for consideration. 5-0-2 (Absent - Davis, Stites). Approval of Minutes 2. May 24, 2011 On a motion by Commissioner McCrone, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission approved the May 24, 2011 minutes: AYES: 5 COMMISSIONERS: Widmar, Garden, McCrone, Osorio, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Davis, Stites ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda***  Planning Commission Minutes Tuesday, June 14, 2011 PUBLIC COMMENTS None. PUBLIC HEARING 3. 610 Cannery Row; Use Permit 10-249; Applicant Geoff Hand; Owner Cannery Row Company; C-R Zoning District; Exempt from CEQA Requirements. Consider Use Permit for outdoor kayak business. ACTION: Denied the Use Permit to allow for the operation of a Kayak rental business with the Findings for Decision and Conditions of Approval. 5-0-2 (Absent - Davis, Stites). Staff Presentation/Commissioners Questions: Todd Bennett presented the staff report and answered Commissioners’ questions. Applicant: Geoff Hand said the kayak business is seasonal running from July to August and a delay in the Commission’s decision would impact the business for this year. He gave a brief description of the intended operations of the business and said he has been in the kayak business for 15 years and previously owning a shop on Cannery Row which ended due to financial circumstances. In answer to Commissioner Garden's question, Mr. Hand said that wetsuits will not be used; rather, thermal protection gear including splash jackets and possibly splash pants that will be stored at the office location, and brought to the site to serve the patrons as they pick up their gear and equipment. In answer to Commissioner McCrone's question, the splash gear will be stored in plastic containers by size and life jackets will also be provided and stored the same. He also said the thermal protection gear and life jackets will be dried at a different location, and clarified that the original application indicated a request to store up to 20 kayaks at the location, but he indicated that he would be satisfied with 10. Mr. Bennett clarified that the Application and Condition of Approval indicated up to 20 kayaks at the location and informed the Commission that the condition could be changed. In answer to Commissioner Osorio's question, Mr. Hand said the proposed canopy is intended to provide shelter for the patrons and will be setup and removed daily. Public Comments: Michelle Knight, Adventures by the Sea and President of Cannery Row Business Improvement District (CRBID), made reference to the letter the District submitted. She also said that as a business owner on Cannery Row, she has concerns about temporary businesses and the effects they have on the year round businesses offering the same services. Frank Knight, Adventures By the Sea, concurred with Michelle Knight and said the business of kayaks is not easy to keep clean and questioned the business’ intentions for exchange of money. He also expressed concerns around temporary business’ not Planning Commission Meeting Minutes Tuesday, June 14, 2011 2 Planning Commission Minutes Tuesday, June 14, 2011 following the rules as closely as year round businesses. He suggested continuing the application to allow the CRBID Board to have an opportunity to ask questions and in answer to Commissioner McCrone's question, he said businesses that are already established will begin to close because of the loss of business from the addition of seasonal competitive businesses. In answer to Commissioner Osorio's question, he said that "barking" is defined as a verbal expression that draws attention to passer-by’s and promotes the business. Commissioner Comments: Commissioner Stocker said the project is a coastal compliant use, but he is concerned about the appearance of the setup with temporary racks that will hold 15-20 kayaks and plastic boxes to hold the gear. He said the setup is not ideal for the beachfront and makes the business appear scattered. Commissioner Garden said he would like to hear from members of the CRBID and suggested continuing the item to allow other merchants that do business on Cannery Row an opportunity to review all information and provide an opinion. He also concurred with Commissioner Stocker, and made a motioned to continue the item to the July 12, 2011 meeting. Motion failed due to lack of a second. Commissioner McCrone said that this is private property with a private operator and is not inconsistent with any of the rules that apply to Cannery Row or the Land Use Plan. He also said that efficient conditions would aid in assuring that the business is ran effectively and motioned to approve the Use Permit to allow for the operation of a Kayak rental business with the Findings for Decision and adding Conditions of Approval:  Barking is prohibited  The site shall be kept clean  Wet gear will not be hung out to dry at the site, rather stored in boxes and dried at another location  The canopy will require Architectural Review Committee approval  The permit is granted on a probationary period through September 30, 2011, at which time it will be reviewed for renewal. Commissioner Osorio seconded the motion and said he understands the concerns from the CRBID. He said the business is an added use for the Cannery Row area there is nothing in the code indicating the use is not allowed. Commissioner McCrone amended his motion to include a condition allowing only 15 kayaks to be stored at the site during business operation. Commissioner Osorio concurred with the amendment. Commissioner Stocker said that he will not support the motion and it is the City's obligation to aid in the organization of businesses. He said the project is not in the best interest of the City, and business locations should reside inside buildings. Chair Widmar said the policy is lacking on direction that would aid the Commission on making a better decision and called for a vote. On a motion by Commissioner McCrone, seconded by Commissioner Osorio, and carried by the following vote that the Planning Commission approve the Use Permit to allow for the operation of a Kayak rental business with the Findings for Decision and Amended Conditions of Approval: Planning Commission Meeting Minutes Tuesday, June 14, 2011 3  Planning Commission Minutes Tuesday, June 14, 2011 AYES: 2 COMMISSIONERS: McCrone, Osorio NOES: 3 COMMISSIONERS: Widmar, Garden, Stocker ABSENT: 2 COMMISSIONERS: Davis, Stites ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Motion Failed. Commissioner Stocker motioned to deny the Use Permit to allow for the operation of a kayak rental business. Commissioner Widmar seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission denied the Use Permit to allow for the operation of a kayak rental business: AYES: 3 COMMISSIONERS: Widmar, Garden, Stocker NOES: 2 COMMISSIONERS: McCrone, Osorio ABSENT: 2 COMMISSIONERS: Davis, Stites ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. 479 Alvarado; Reopen Use Permit 91-25; Applicant Anthony Buich; Owner William Stahl; C-2 Zoning District; Exempt from CEQA Requirements. Reopen Use Permit 91-25 (Live Entertainment) to review revisions to the Conditions of Approval. ACTION: Reviewed and approved the revised and added Conditions of Approval. 5-0-1 (Absent - Stites) -1 (Abstained - Davis). Staff Presentation/Commissioners Questions: Todd Bennett presented the staff report and along with Lt. Jeff Jackson, answered Commissioners’ questions. Applicant: Anthony Buich said an ID scanner will be added to the front entrance that will aid in maintaining a database of information pertaining to patrons of the business that will flag violators. He said the information could potentially be shared with other businesses in the area to prevent potential problems, and indicated that the patio is a very lucrative producer of revenue for the business. Mr. Buich said he intends to create a safer, more enjoyable, professional atmosphere to encourage a more professional clientele. He also said the patio music selection will be filtered to accommodate the new professional atmosphere, and will change according to the current events happening in the area such as the Jazz Festival and the Rodeo. He posed a question concerning certifications for liquor sales for individual employees asking if their current certifications are valid. Mr. Buich said his plan for the rear exit is to post signage indicating that the door is not an exit or entrance and it will be monitored by a security guard. He also said a strong rule will be implemented indicating that staff will not be allowed to drink while on the job, and he would like to sit down with the adjacent property owner to possibly work out an easement agreement with the exit on the back patio. In answer to Commissioner Garden's question, he said the Mucky Duck will have a vision of a restaurant that serves alcohol versus a bar that serves food, and the name "The Mucky Duck" is being kept because it is well known and brings back repeat customers that will be filtered by better Planning Commission Meeting Minutes Tuesday, June 14, 2011 4 Planning Commission Minutes Tuesday, June 14, 2011 trained staff to eliminate potential problem customers. In answer to Commissioner Stocker's question, he said the importance of the music on the patio is represented by the revenue stream generated from the patio which is significant and he intends to create effective guidelines that will work for both the City and the patrons. He requested the Commission allow him an opportunity to show that the changes to the music on the patio will be managed effectively. In answer to Commissioner Osorio's question, Mr. Buich said the music will change to accommodate a wide variety of patrons and cosmetic changes are being made to clean up the appearance and add new landscaping that will also work as a sound buffer but the music will be played at a much lower level. Public Comments: Jerry Anderson, property manager for Saucito Land Company which owns the adjacent property expressed concern for the applicant’s intentions with the Mucky Duck which has caused many disruptions in the downtown area that directly affect the Saucito Land Company rental properties with the amplified entertainment on the patio. He said the Saucito Land Company requests that no amplified sound or entertainment be allowed on the patio and the hours of operation for the patio area end at 10:00 pm. He also said the line that forms in front of the Mucky Duck from patrons waiting to enter should be directed in a way that does not impede on the surrounding businesses. Mr. Anderson also said the bins and toter’s for trash should be hidden and requested the bottles not be emptied late at night. Stephanie Olson said the new owners have some very exciting ideas to bring to the community and have hired all locally for the work being done on the business. She requested the Commission give the new owners a chance. Jack Valenti, former owner of the Ordway Drugstore expressed concerns about the sound level and the patio door that exits onto the Ordway property. He said the emergency exit only signs that were placed on the patio door was missplaced shortly after it was posted and suggested adding an alarm to the door that would sound when opened. Julie Work Beck said she was a previous owner of an adjacent property to the Mucky Duck and was also involved in the implementation of the patio area. She said the intentions of the City to implement more housing in the downtown area makes the outdoor entertainment and music not a compatible use. In answer to Commissioner Stocker's question, Ms. Beck said low key music during the day and dinner hours would be more compatible and less intrusive to the neighboring residents. Kurt Probospo with Mid Coast Realty said Alvarado Street has become very stagnant and is in support of the new owners, but also expressed concerns about the live music on the patio. He made reference to a letter submitted by Doug Wiele. Commissioner Comments: Commissioner Garden questioned staff regarding the Planning Commissions options for creating a condition on the live entertainment that would eliminate amplified music on the patio, but allow the music to continue inside the building. Mr. Bennett said the Commission could choose to add such a condition and clarified the definition of live entertainment. Planning Commission Meeting Minutes Tuesday, June 14, 2011 5 Planning Commission Minutes Tuesday, June 14, 2011 Chair Widmar said that amplification of music is not necessarily the reason for excessive sound from the live entertainment and cautioned the Commission on constructing a condition containing rulings on amplification. Commissioner Stocker expressed concerns that the new business description is very similar to the old business and said the ID scanner may discourage some people from being a customer of the business. He said the outside entertainment is inappropriate with current intentions for the downtown area that now includes mixed use residential. He suggested the music on the patio stop by 9:00 pm and continue to allow the music inside the building. He also requested a six month review to determine if the music is still a concern for the surrounding business owners and residents. Commissioner McCrone said the mixed use policies and preference decisions that the City Council has made for the downtown area are a critical plank to the foundation of the intentions for downtown. He said he is opposed to the outside music, especially after the dinner hour and there needs to be changes made to the configuration, design and sound modulation that happens on the patio. He requested more description from the applicant on the intentions to improve the security and lines that form in front of the business while people are waiting to enter and suggested continuing the item to the evening session. Chair Widmar suggested finishing the discussion in the afternoon session and said the hours of music could vary from weeknights to weekends. He expressed concerns about the side gate on the patio and suggested the applicant add a panic alarm to the gate. Commissioner Osorio said residents of the downtown area should be aware of the potentials for noise considering it is not a residential neighborhood. He said he does not agree that outdoor music should not be allowed in the downtown and said music is critical to the live-ability of downtown. He said the applicant needs to address the issues that have come up and suggested the applicant consider a music playlist that is not imposing the neighbors. Commissioner Stocker suggested continuing the item to the evening session to allow time for a break for the Commission and staff. Commissioner Garden concurred and asked staff to present a complete description of the existing Use Permit so the Commission has a better understanding of the changes being made. Mr. Bennett said he would prepare the documentation as requested. Chair Widmar called for a recess at 6:15 pm. Reconvened at 7:00 pm. Mr. Bennett prepared and submitted to the Commission a summary review of Use Permit 91-25. He clarified that the ID scanner is a requirement from the Alcohol and Beverage Control (ABC) Agency and informed the Commission that the scanner is not required to be used before 9:00 pm. He also announced that the Building Official contacted staff during the break regarding topics that were discussed during the afternoon session and indicated that the exit door on the back patio is not allowed and will need to be relocated. Lt. Jackson also clarified that there are more noise complaints than the three documented, but they did not require formal documentation. Planning Commission Meeting Minutes Tuesday, June 14, 2011 6  Planning Commission Minutes Tuesday, June 14, 2011 Commissioner Stocker thanked the Police Department for their presence at the meeting and expressed concern about the live entertainment component of the business. He suggested a conditional Use Permit that would be reviewed in three months allowing music until 9:00 pm. and motioned to approve the revised Conditions of Approval and add the following conditions:  The patio will close at 10:00 pm  Music will stop by 9:00 pm  The Use Permit will be brought back to the Commission after three months for review. Commissioner Garden questioned staff on the component of dancing with regards to the Use Permit. Commissioner McCrone said he would support the motion if a condition was added prohibiting dancing on the patio. Commissioner Stocker said he would amend the motion to prohibit dancing on the patio. Commissioner McCrone seconded the motion. Commissioner Osorio said that downtown is not a residential neighborhood and the new owner should be given an opportunity to re-open a new business that will be successful. Chair Widmar suggested a consideration to extend the music hours at the three month review. On a motion by Commissioner Stocker, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission reviewed and approved the revised and added Conditions of Approval. AYES: 5 COMMISSIONERS: Widmar, Garden, McCrone, Osorio, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Stites ABSTAIN: 1 COMMISSIONERS: Davis RECUSED: 0 COMMISSIONERS: None CONTINUED PUBLIC COMMENTS None. PUBLIC APPEARANCE Forrest Ebbs suggested moving item #6 to item #5. The Commission agreed. 5. Consideration of: a. Downtown Specific Plan – Streetscape, Plaza and Open Space Opportunities and Constraints b. North Fremont Specific Plan Update c. Waterfront Master Plan Update d. Lighthouse Specific Plan Update e. Transportation and Parking Charrette Planning Commission Meeting Minutes Tuesday, June 14, 2011 7  Planning Commission Minutes Tuesday, June 14, 2011 Staff Presentation/Commissioners Questions: Elizabeth Caraker, Christine Hopper, Jeff Slavick and Henry Ruhnke presented the staff report and answered Commissioners’ questions. Public Comments: None. Commissioner Comments: Chair Widmar acknowledged acceptance of the updates on the various planning projects. 6. Interpretation of Land Use Classifications to determine if a Food Distribution Center land use is similar to an existing Land Use Classification. ACTION: Interpreted Food Distribution Center land use to be substantially consistent with Office Use. 6-0-1 (Absent - Stites). Staff Presentation/Commissioners Questions: Forrest Ebbs presented the staff report and along with Chip Rerig, answered Commissioners’ questions. Public Comments: Jim Staples, representing the Hope Center said there is a tremendous need to help feed the hungry and people who are less fortunate and cannot meet their monthly needs. Kim Lemaire, Executive Director said they are 100% volunteer based and pet needs are also included in their efforts with the intention of keeping families and pets together. Commissioner Comments: Commissioner Osorio made a motion to interpret Food Distribution Center land use to be consistent with Food and Beverage Sales that require a Use Permit. Commissioner Garden seconded the motion, Commissioner Davis said this type of use does not need a Use Permit and suggested the interpretation fall under the category of Personal Services which does not require a Use Permit. He said nothing is being sold and it is more of a social service. Commissioner Stocker said although the item is not site specific, there are areas where such a use would not be appropriate and he concurred with Commissioner Davis. Commissioner Garden said a Use Permit should not be required and withdrew his second but requested the Planning Commission be able to review and approve a prospective site for such a use. Commissioner Osorio withdrew his motion. Chair Widmar said this type of use is typically located in a commercial environment and motioned to Interpret Food Distribution Center land use to be substantially consistent with Office Use. Commissioner Davis seconded the motion. Planning Commission Meeting Minutes Tuesday, June 14, 2011 8  Planning Commission Minutes Tuesday, June 14, 2011 On a motion by Commissioner Widmar, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission Interpreted Food Distribution Center land use to be substantially consistent with Office , Business and Professional. AYES: 6 COMMISSIONERS: Widmar, Davis, Garden, McCrone, Osorio, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Stites ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS 7. Response to Commissioners’ Comments at the May 24, 2011 Meeting. Report received. There were no new comments. INFORMATIONAL REPORTS & STAFF COMMENTS Report received and reviewed.  Chip Rerig informed the Commission that at the Tuesday, June 21, 2011 City Council meeting, the Council will be considering an award of contract for a financing plan that will answer some of the questions that were asked this evening on how the changes to Downtown will be paid for and the intended financial gains. 8. Planning Office Update ADJOURNMENT There being no further business, the meeting adjourned at 9:37 P.M. Respectfully Submitted, Approved, Elizabeth Caraker Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, June 14, 2011 9