Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, July 12, 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, Osorio, Stocker Commissioners Absent: McCrone, Stites Committee Members Arellano, Davis E, Dawson, Finklea, Jacoubowsky, Latasa, Present: McKenzie Committee Members None Absent: Staff Members Present: Principal Planner Cole, Senior Planner Ebbs, Traffic Engineer Deal, Recording Secretary Hanes, CALL TO ORDER CONSENT ITEMS On a motion by Commissioner Stocker, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 5 COMMISSIONERS: Widmar, Davis, Garden, Osorio, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: McCrone, Stites ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. June 14, 2011 ACTION: Approved Minutes of June 14, 2011 as submitted. 5-0-2 (Absent - McCrone, Stites). ***End of Consent Agenda*** PUBLIC COMMENTS None. Commissioner Osorio left at 4:55 pm. JOINT SESSION WITH THE ARCHITECTURAL REVIEW COMMITTEE (ARC)  Planning Commission Minutes Tuesday, July 12, 2011 PUBLIC HEARING 2. 2020 Del Monte Avenue; Use Permit Application 11-098, Architectural Review Application 11-142; Sign Permit Application 11-167; Demolition Permit Application 11-130; Applicant Scott Whitney of Fresh & Easy Neighborhood Market / Owner Fresh & Easy Neighborhood Market; C-2 Zoning District; Initial Study & Mitigated Negative Declaration Prepared. Consider the Demolition of the Existing Commercial Building and Construction of a New Grocery Store Building (Negative Declaration Proposed). Staff Presentation/Commissioners Questions: Forrest Ebbs presented the staff report and along with Rich Deal, answered Commissioners’ questions. Applicant: Chris Perry representing Fresh and Easy, addressed Commissioner Garden's question by stating that the proposed truck circulation has successfully been used at other similar sites and the parking spots where the delivery truck will park during deliveries will have signs indicating that no parking will be available during the posted delivery times. He said the proposed delivery time for the project is 6:00 am, but delivery times may vary slightly because of the distance from the distribution center to the site, but are typically before the store opens and before onsite traffic from customers begins. He also said numerous site studies were done to consider alternative locations for the building. The proposed location was determined to be the most efficient use of the property and was compatible with City codes. In answer to Commissioner Osorio's question he indicated that delivery operations take approximately ½ hour and truck engines are shut off during unloading. He said the proposed layout is the worst case scenario and experienced drivers can maneuver the turn in more efficient ways. In answer to Committee Member Davis' question, Mr. Perry said the wall along the side of the truck loading bay is solid with a trellis element on top and indicated that the cart corals are made of galvanized steel. In response to Committee Member Dawson's suggestion to prohibit deliveries before 7:00 am, Mr. Perry suggested adding a Condition of Approval that delivery truck engines must be turned off during unloading, which is already a standard operating procedure for Fresh and Easy. In answer to Committee Member Latasa's question, Mr. Perry gave a brief description of the roof materials and the refrigeration system. He addressed Chair Widmar's concerns about noise from the refrigeration unit to the adjacent apartment complex by stating that the unit will be covered with a mechanical screen enclosure and is one of the quietest units available. In answer to Commissioner Garden's question he stated they will not seek LEED Certification beyond the requirements of the City because it is a practice of Fresh and Easy to design projects that meet or exceed the required LEED standards. Public Comments: Jim Fink referenced a letter he submitted at the meeting and requested that the Commission and Committee deny the demolition and Use Permit. Planning Commission Meeting Minutes Tuesday, July 12, 2011 2 Planning Commission Minutes Tuesday, July 12, 2011 Jason Mosbaldwin referenced a letter he submitted at the meeting and expressed concern about the impact parking and increased traffic will have on the neighborhood. He requested a study that supports the concept of reduction of total visits to the site and said the six foot wall will not create a barrier for the second floor residents of the adjacent apartment complex. He also said overflow parking will have an effect on Helvic Avenue and suggested a solution to traffic traveling through the Rising Star gate. Maren Dinsmore expressed concern that the increased traffic and lack of sufficient parking for the site will have a negative effect on Helvic Avenue and requested clarification on the intended delivery truck route and times of delivery. She suggested closing the Rising Star gate to through traffic, prohibiting Del Monte access off of Helvic and implement residential permit parking only on the residential side of Helvic Avenue. Debbie LaSala, owner of BiRite Market expressed concern about the increase of Del Monte Avenue traffic and requested clarification on the intended traffic flow for customers in and out of the shopping center. Mike Ihnot said a letter should have been circulated to the surrounding neighborhood indicating the intended changes to the site and expressed concern about the increased traffic on Helvic Avenue. He said the six foot wall between the apartment complex and the proposed business will not efficiently protect the residents from noise generated from the refrigeration unit on the rooftop. Commissioner Comments: The Commission requested staff draft Findings for Decision for a denial of the Use Permit during the break. Chair Widmar adjourned the afternoon session at 5:45 pm. Reconvened at 7:03 pm. Upon reconvening, the following Commissioner/Committee Members were absent: Commissioner Osorio, Committee Member Latasa, Committee Member Arellano, Committee Member Dawson and Committee Member Finklea. Commissioner Garden said the site is not the best location to build a grocery store and the sound wall needs to be re-designed so that it blocks the sound to the adjacent apartments. He said regarding circulation, the preferred access to the loading dock would be best from Palo Verde Avenue and suggested the applicant re-evaluate the location of the building on the site, possibly moving it to the back of the property. He also requested a further study of the shared parking element. Chair Widmar concurred. Commissioner Stocker said the six foot sound wall is not an effective sound wall and suggested further studies of the noise from the delivery trucks, the shared parking specifically pertaining to the overflow parking into the neighborhood, trip generations and relocating the building on the site to determine the impacts the project will have on the surrounding neighborhood. He motioned to approve the demolition and continue the Negative Declaration and Use Permit pending studies of the parking, circulation, noise and a study of alternative locations for the building on the site. Commissioner Garden seconded the motion. Mr. Ebbs clarified that the negative declaration and demolition Planning Commission Meeting Minutes Tuesday, July 12, 2011 3  Planning Commission Minutes Tuesday, July 12, 2011 need to be approved or denied together. Commissioner Stocker amended his motion to approve the Negative Declaration and demolition. Commissioner Garden concurred with the change. Commissioner Davis said further studies are needed to provide the Commission with more information and concurred that the proposed location on the site for the building does not need to be re-evaluated. Chair Widmar concurred with a continuance to allow the applicant time for compile more information for the Commission. Commissioner Stocker amended his motion to table the application. Commissioner Garden concurred with the change. The ARC was not able to take action due to lack of quorum. The application was continued to the next meeting. ACTION - PLANNING COMMISSION: Tabled the Mitigated Negative Declaration and the Demolition Permit for the demolition of the existing building and a Use Permit for the construction of a new 10, 581 square foot building, the use of the building as a grocery store and hours of operation to allow time for additional studies. 4-0-3 (McCrone, Osorio, Stites). On a motion by Commissioner Stocker, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission table the Mitigated Negative Declaration and the Demolition Permit for the demolition of the existing buildng and a Use Permit for the construction of a new 10, 581 square foot building, the use of the building as a grocery store and hours of operation to allow time for additional studies: AYES: 5 COMMISSIONERS: Widmar, Davis, Garden, Osorio, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: McCrone, Stites ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ACTION - ARCHITECTURAL REVIEW COMMITTEE: Continued Preliminary Architectural Review and Final Architectural Review for the construction of a new grocery store and consideration of the Sign Permit due to lack of quorum. No vote due to lack of quorum. PUBLIC APPEARANCE 3. Study Session on Proposed Amendments to Chapter 31 of the Monterey Municipal Code, Signs. Staff Presentation/Commissioners Questions: Forrest Ebbs presented the staff report and answered Commissioners’ questions. Planning Commission Meeting Minutes Tuesday, July 12, 2011 4  Planning Commission Minutes Tuesday, July 12, 2011 Public Comments: Uwe Grobecker, Santa Lucia Cafe said a property owner should be able to make changes to their property in areas that are not visible from the street at their own discretion and cautioned the Commission on favoring sign proposals that are more expensive. He said empty buildings seeking tenants should have limitations for the location of signs that indicate "for lease" and suggested a condition that such signs be placed at least five to six feet back from the window on the inside of the building and have a limit on size. He also suggested the Commission work with the Old Monterey Business Association and North Fremont Business Association to implement a distinctive sign program for each district. Commissioner Comments: Commissioner Osorio suggested charging a fee each day a banner remains posted after the closing date of the Banner Permit. Chair Widmar concurred and said people tend to comply to rules if there is a penalty involved for not complying. Commissioner Garden suggested a refund to the applicant if the banner is taken down on the expiration date of the permit. Commissioner Davis concurred. Committee Member Jacoubowski said enforcement is the key element to a successful program and suggested concentrating on issues surrounding new signs problems in the City. CONTINUED PUBLIC COMMENTS None. COMMISSIONERS COMMENTS 4. Response to Commissioners’ Comments at the June 14, 2011 Meeting. Response to Commissioners’ Comments at the June 14, 2011 meeting. Report received. New Comments:  Chair Widmar informed the Commission that re-appointments will be approved at the next City Council meeting. INFORMATIONAL REPORTS & STAFF COMMENTS 5. Planning Office Update Planning Commission Meeting Minutes Tuesday, July 12, 2011 5 Planning Commission Minutes Tuesday, July 12, 2011 Planning Office Update. Report received and reviewed.  Ms. Cole asked the Commission for a Mayor's Meeting topic. Commissioner Garden suggested an update on the four Specific Plans. Commissioner Stocker suggested an update on the Transportation and Parking Charrette success. The Commission concurred. ADJOURNMENT There being no further business, the meeting adjourned at 9:31 P.M. Respectfully Submitted, Approved, Kimberly Cole Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, July 12, 2011 6