Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, September 13, 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, Osorio (arrived at 7:00 pm), Stites, Stocker Commissioners Absent: None Staff Members Present: Chief of Planning, Engineering, and Environmental Compliance Rerig, Principal Planner Cole, Principal Planner Caraker, Housing & Property Manager Marvin, Traffic Engineer Deal (arrived at 7:00 pm), Recording Secretary Hanes CALL TO ORDER Chair Davis called the meeting to order at 4:02 pm. CONSENT ITEMS On a motion by Commissioner Stocker, seconded by Commissioner Stites, and carried by the following vote, the Planning Commission approved the Consent Agenda as submitted: AYES: 6 COMMISSIONERS: Widmar, Davis, Garden, McCrone, Stites, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. August 23, 2011 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. 32 Cannery Row; Use Permit Amendment 11-011; Applicant Bart Bruno; Owner City of Monterey; Open Space Zoning District; Mitigated Negative Declaration Consider approving Mitigated Negative Declaration and Use Permit Amendment for expansion of an existing marina facility. Planning Commission Minutes Tuesday, September 13, 2011 ACTION: Adopted a Mitigated Negative Declaration and approved a Use Permit Amendment for the expansion of an existing marina facility with an added condition that the project applicant request a District inspection to document the boatyard/boat wash area prior to its conversion in order to confirm the Water Credits claimed by the applicant. 6-0-1 (Absent - Osorio). Staff Presentation/Commissioners Questions: Elizabeth Caraker presented the staff report and along with Rick Marvin, answered Commissioners’ questions. Applicant: Bart Bruno said the primary reason for locating the vehicle parking spaces between boat parking spaces is because the boats are too large to be positioned next to each other. A valet monitors the parking lot and only allows cars with proper stickers, or patrons of the Wharf to utilize the lot. Regarding the loss of moorings, he said that the original design impacted seven moorings but the redesign reduced that to four. He gave a brief description of the various moorings, their uses and who will have access to them. In response to Commissioner Garden's question, Mr. Bruno said no spaces are leased for dry boat storage for boats under repair because there is no demand, and that such a use was terminated from the lease hold and does not benefit the business. In answer to Chair Davis' question, Mr. Bruno said the guest docks are available and can be reserved and the cost is determined by the size of the vessel. In answer to Commissioner McCrone's question, Mr. Bruno said a survey was conducted to determine the demand for larger vessels docking at the marina and it concluded that people with larger vessels would visit the Monterey Bay if allowed. In answer to Commissioner Garden's question, he said the Water District will be conducting a survey to assure the necessary water usage is available. Diane Colwell, manager of the marina, said the master lease with the City has a requirement to provide space for boats under repair and the parking space adjacent to the boat allows space for the people working on the boat. She briefly discussed the concept of offering mooring spots to non-profits to allow lower income boat owners access. She also said the marina has water credits that are not being utilized. Public Comments: None. Commissioner Comments: Commissioner Stocker motioned to adopt a Mitigated Negative Declaration and approve a Use Permit Amendment for the expansion of an existing marina facility. Commissioner Garden seconded the motion. The Commission discussed adding a condition that the project applicant request a District inspection to document the boatyard/boat wash area prior to its conversion in order to confirm the Water Credits claimed by the applicant as suggested by the Monterey Peninsula Water Management District. Commissioner Stocker added the condition to the motion. Commissioner Garden concurred. Commissioner McCrone expressed concern that the visual impact will be affected with the addition of the larger vessels into the area, but supports the motion. Planning Commission Meeting Minutes Tuesday, September 13, 2011 2  Planning Commission Minutes Tuesday, September 13, 2011 Commissioner Garden suggested a review of the view policy that protects the random look of the mooring field, and expressed concern that the parking requirements on the project may not be the most effective use of the yard area. On a motion by Commissioner Stocker, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission adopted a Mitigated Negative Declaration and approved a Use Permit Amendment for the expansion of an existing marina facility with an added condition that the project applicant request a District inspection to document the boatyard/boat wash area prior to its conversion in order to confirm the Water Credits claimed by the applicant: AYES: 6 COMMISSIONERS: Widmar, Davis, Garden, McCrone, Stites, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Recessed at 4:47 pm. Reconvened at 7:01 pm. CONTINUED PUBLIC COMMENTS James Bryant spoke on behalf of the Art in the Adobes event and gave a brief description indicating that it will showcase Monterey Historic Paintings and will run September 30, 2011 through October 2, 2011. He detailed some of the various events that will take place throughout the weekend starting with a reception on Friday from 5:00 pm - 7:00 pm at Cooper Molera, and running Saturday and Sunday from 11:00 am - 5:00 pm with lectures and children's activities. He also said discounted early tickets will be sold until Thursday night, and regular price tickets can be purchased at the event. Nancy Selfridge said the Fisherman's Wharf Association will hold a living artists exhibit on Saturday and encouraged people to attend the event. David Dilworth representing Helping Our Peninsula Environment (HOPE) gave a brief presentation on a solution for the current water shortage issue entitled "Right Sized Desalinization Plant". He briefly described the groundwork that has already been done on this proposal, and encouraged people to visit the website at www.1hope.org/water to support of the project. PUBLIC HEARING 3. 2020 Del Monte Avenue; Use Permit Application 11-098, Demolition Permit Application 11-130; Applicant Scott Whitney of Fresh & Easy Neighborhood Market / Owner Fresh & Easy Neighborhood Market; C-2-D-2 Zoning District; Initial Study & Mitigated Negative Declaration Prepared. Approve the Demolition of the Existing Commercial Building and Construction of a New Grocery Store Building (Negative Declaration Proposed). ACTION: Adopted a Mitigated Negative Declaration and approved a 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 Planning Commission Meeting Minutes Tuesday, September 13, 2011 3 Planning Commission Minutes Tuesday, September 13, 2011 the building as a grocery store, and to address hours of operation of the use adjacent to a residential neighborhood with an added condition that a traffic study will be conducted one year after the opening of the business. 4-3 (Noes – Davis, Osorio, Stites)-0. Staff Presentation/Commissioners Questions: Kim Cole and Rich Deal presented the staff report and answered Commissioners’ questions. Applicant: Chris Perry gave a brief description of the concept of the business plan of the company including business practices, employee programs, and the procedures of the grocery store. He indicated that the parking plan satisfies the parking requirements and clarified that the roof screening reduces the noise by 10 decibels. He said the backup beepers on the delivery trucks are turned off to eliminate the noise and the building, as designed, complies with the noise requirements of Monterey. He also said the Cypress Tree slated for removal has been damaged through improper pruning and needs to be removed to allow the sidewalk to connect into the neighborhood. He addressed the concerns of increased traffic on Helvic stating that traffic will be reduced on Helvic because there is no exit access from the parking lot onto Helvic. In answer to Commissioner Garden's question, Mr. Perry indicated that the expected peak hours should be between 5:00 pm and 6:00 pm, but may vary and informed the Commission that the checkout process is very quick. Public Comments: Jim Fink made mention of the petition that he circulated in the neighborhood and said the majority of people are not in favor of the addition of the new grocery store. He said a roller skating rink is the best use of the land and requested the Commission deny the Demolition Permit and suggest an alternative location for the Fresh and Easy Grocery Store. Joe Lofler said the Helvic entrance to the parking lot has been improperly used and suggested implementing parking permits for the residents on Helvic. Jason Mass Baldwin expressed concern regarding the enforcement of proper traffic flow through the Helvic gate, and the conflict between the patrons of the grocery store and surrounding businesses during the peak hours. He also questioned if the hybrid parking spaces are an addition to the 22 parking spaces proposed. Larry Conte expressed concern regarding the impact of the increased traffic seven days a week on the Helvic Street residents and encouraged the Commission to limit the traffic flow into the parking lot from Del Monte only. Michael Cleary said more people will patron the grocery store and expressed concern about the increased traffic on Del Monte which already has slow traffic. He said a left turn out of the parking lot onto Del Monte is very dangerous. Maren Dinsmore expressed concern about parking, traffic and noise. She said that Helvic Street is already at capacity with the amount of traffic that travels through the neighborhood to both the site in question, and the adjacent school. She also expressed Planning Commission Meeting Minutes Tuesday, September 13, 2011 4 Planning Commission Minutes Tuesday, September 13, 2011 concern surrounding the current drop-off setup at Rising Star Gymnastics and suggested eliminating a couple parking spaces and create an entrance from Palo Verde Street. Mike Ihnot expressed concern that the compressors on the roof of the new building will produce sound 24 hours a day and does not think the sound wall will eliminate the noise for the residents of the adjacent apartment complex. He also said the re-opening of the school site has significantly increased the traffic on Helvic. Kathleen Brady, owner of Rising Star Gymnastics, said seven parking spaces would be eliminated if Helvic Avenue gate was closed to through traffic which would put the parking lot below the required parking spaces. She addressed the concern surrounding the drop-off setup indicating that there is an area to pull over in front of the business and safely let children out of vehicles where there is no crossing traffic. Chris Evans, owner of Jump N Around, expressed concern that entering traffic onto Del Monte from the parking lot is dangerous. Debbie LaSala, owner of Bi Rite Market, said the neighborhood already has a market and expressed concern about the backup beepers being shut off because the intention of the beeper is to inform people around the truck that it is backing up. She also expressed concern about the impact to the already congested traffic on Del Monte. Chris Perry responded to the public comment stating that Fresh and Easy owns the property and the issues and concerns expressed will be present with any business that occupies the space. He said that clean air vehicle parking spaces are not monitored but encourage alternative transportation. He clarified that the operating hours of the store will be 7:00 am to 10:00 pm, and cleaning of the facility will occur before and after operating hours. He also informed the public and the Commission that delivery trucks will have two people present during delivery to assure safety, and clarified that the HVAC is only on during operating hours and shut down in the off hours. He said the refrigerator unit will run 24 hours a day, seven days a week, but cycles on and off as part of an effort to reduce energy use, and will be well insulated with the screening that surrounds the entire area. Mr. Perry said the rationale for choosing the Fountain Valley location for the parking study was that it is a stand-alone Fresh and Easy like the one being proposed. He said further study will have to be done to resolve any potential conflicts in the parking lot when adjacent businesses host events. In answer to Commissioner Garden's question, Mr. Perry said Fresh and Easy could accommodate the request to only allow delivery after 8:00 am. Commissioner Comments: Commissioner Osorio said the location is ideal with constant Del Monte Avenue traffic passing the site, and expressed concern about two issues; the impact on Helvic Avenue and the concerns about the noise impact on the adjacent apartment complex. He does not think the six foot sound wall is sufficient and the Commission should be confident that if approved, the onsite circulation in the parking lot will function properly. He concurred with the public that the City should consider implementing a parking permit system for the residents on Helvic Avenue. Commissioner McCrone said the proposed use is consistent with the General Plan, Del Monte Avenue Area Plan and the C-2 Zoning Area, and will be a valuable addition to the Planning Commission Meeting Minutes Tuesday, September 13, 2011 5 Planning Commission Minutes Tuesday, September 13, 2011 City. He suggested the Commission continue discussing alternative ways to direct traffic off the site. Commissioner Widmar said the shared parking creates a complicated project and concurred with Commissioner McCrone that an alternative exit route should be discussed, with a possible consideration to close the Helvic gate or install an electric gate that is access code controlled. He said parking permits for the Helvic Avenue residents is a good idea and suggested double insulation around the HVAC/refrigerator units on the residential side. He also said if parking is going to be considered on Palo Verde, parking capacity would need to be studied. Commissioner Stocker said traffic calming measures could be implemented on Helvic, and suggested widening Del Monte Avenue to allow for a safe right turn onto the street. Commissioner Stites said the traffic impact study should analyze alternative solutions to the flow of traffic, and line of site issues. Commissioner McCrone said there is not a need for further studies and suggested a review of the project in one year to look at the traffic issues. He motioned to approve adoption of a Mitigated Negative Declaration and approve a 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 to address hours of operation of the use adjacent to a residential neighborhood with an additional caveat that the project come back to the Planning Commission for further action as necessary regarding traffic impacts, one year after the project has been completed and put into action. Commissioner Garden seconded the motion. Commissioner Stocker said another traffic study will need to be done to measure the impacts. Commissioner Widmar suggested changing the review to a six month review. Chair Davis suggested the study be conducted now to determine if there is a potential problem to avoid the costs of the build out if a problem is discovered, and asked the applicant if he would be willing to participate in an analysis one year from the date of opening to monitor the traffic flow. Commissioner McCrone said the study would determine if traffic levels are more than 25% of the estimate in the completed traffic study. Rich Deal asked the Commission for a detailed description of the requirements of the one year traffic study. Kim Cole said due to the City's current financial situation, funding for the traffic study will not come from the City. Mr. Perry agreed to a one year traffic study funded by the applicant. Planning Commission Meeting Minutes Tuesday, September 13, 2011 6  Planning Commission Minutes Tuesday, September 13, 2011 On a motion by Commissioner McCrone, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission adopted a Mitigated Negative Declaration and approved a 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 to address hours of operation of the use adjacent to a residential neighborhood with an added condition that a traffic study will be conducted one year after the opening of the business.: AYES: 4 COMMISSIONERS: Widmar, Garden, McCrone, Stocker NOES: 3 COMMISSIONERS: Davis, Osorio, Stites ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC APPEARANCE 4. Waterfront Master Plan Projects Receive Report on Waterfront Master Plan Projects. ACTION: Received report on the Waterfront Master Plan Projects. Staff Presentation/Commissioners Questions: Elizabeth Caraker presented the staff report and along with Chip Rerig, answered Commissioners’ questions. Public Comments: Jim McCord said he has concerns that the changes to the Passenger Depot site, the core of the Waterfront area and the Square-about will have a negative impact on the City. He requested further discussion opportunities for such topics. Commissioner Comments: The Commissioners had a discussion on the presentation topics and had many questions. Chair Davis suggested continuing the item to the September 27, 2011 meeting for further discussion. Chip Rerig requested that the Commission submit any questions prior to the meeting in writing to the Planning Office to allow staff an opportunity to formulate an answer. The Commission concurred. Commissioner Widmar motioned to continue to item to the September 27, 2011 meeting. Commissioner Stites seconded the motion. Commissioner McCrone asked staff to present a different title at the September 27, 2011 meeting that indicates the expected action from the Commission. The Commission and Ms. Caraker concurred. Planning Commission Meeting Minutes Tuesday, September 13, 2011 7  Planning Commission Minutes Tuesday, September 13, 2011 COMMISSIONERS COMMENTS 5. Response to Commissioners’ Comments at the August 23, 2011 Meeting Report received. New Comments:  Commissioner Garden noticed that someone has built a chain link fence (on the road side of the coast guard breakwater) at the coast guard facility. He would like more information about this structure.  Commissioner Widmar mentioned that a structure on North Fremont is in disrepair and was curious about its status. He also questioned the history of the Passenger Depot.  Commissioner McCrone mentioned that he attended a meeting about how to keep Monterey’s adobes open. He suggested that this is a suitable element for the Downtown Specific Plan.  Commissioner Osorio requested the Planning Commission agendize consideration of a letter to the editor of Coast Weekly. The purpose would be to clarify that the study process is underway. INFORMATIONAL REPORTS & STAFF COMMENTS 6. Planning Office Update Report received and reviewed. ADJOURNMENT There being no further business, the meeting adjourned at 10:59 P.M. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, September 13, 2011 8