Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, October 25, 2011 4:00 pm - 5:30 pm 7:00 pm - 11:00 pm FEW MEMORIAL HALLS OF RECORDS, MONTEREY, CA 93940 MONTEREY, CALIFORNIA Commissioners Present: Davis, McCrone (arrived at 7:01 pm), Osorio (arrived at 7:03 pm), Stites, Stocker, Widmar Commissioners Absent: Garden Staff Members Present: Chief of Planning, Engineering & Environmental Compliance Rerig, Principal Planner Cole, Senior Associate Planner Bennett, City Traffic Engineer Deal, Police Lieutenant Jackson, Recording Secretary Hanes CALL TO ORDER CONSENT ITEMS On a motion by Commissioner Widmar, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission approved the Consent Agenda as submitted: AYES: 6 COMMISSIONERS: Davis, McCrone, Osorio, Stites, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Garden ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 1. 867 Alameda Avenue; HPC Application 11-244 (H-2 Historic Zoning); Applicant/Owner James Sivo; R-1-6 Zoning District; Exempt from CEQA Requirements. That the Planning Commission recommend to City Council to adopt an Ordinance to rezone the property as a City Historic Resource from R-1-6 to R-1-6-H-2. ACTION: Recommendation to City Council to adopt an Ordinance to rezone the property as a City Historic Resource from R-1-6 to R-1-6-H-2. 6-0- 1(Absent-Garden). Approval of Minutes 2. September 27, 2011 ACTION: Approved as submitted. 6-0-1(Absent-Garden). ***End of Consent Agenda*** PUBLIC COMMENTS None.  Planning Commission Minutes Tuesday, October 25, 2011 PUBLIC HEARING 3. 1001 Hellam Street; Appeal 11-250 of Architectural Review Application 11-062; Appellants/Owners Ray and Liz LaBonte; R-1-6 Zoning District; Exempt from CEQA Requirements. Consider an appeal of the Architectural Review Committee denial of Preliminary and Final Architectural Review for the construction of an addition and exterior alterations to an existing single family dwelling. ACTION: Continued to November 22, 2011. Staff Presentation/Commissioners Questions: Kim Cole presented the staff report and answered Commissioners’ questions. On a motion by Commissioner Stocker, seconded by Commissioner Stites, and carried by the following vote, the Planning Commission continued the item to November 22, 2011: AYES: 6 COMMISSIONERS: Davis, McCrone, Osorio, Stites, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Garden ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING 4. 479 Alvarado Street; Review of Use Permit 11-154; Applicant Anthony Buich; Owner William Stahl; C-2 Zoning District; Exempt from CEQA Requirement. Conduct 90 day review of Use Permit Conditions of Approval associated with the operation of The Mucky Duck. ACTION: Approved revisions to the Conditions of Approval based upon the operation of the business over the past 90 days. 5-1 (Noes -Widmar)-1 (Absent- Garden). Staff Presentation/Commissioners Questions: Todd Bennett presented the staff report and along with Kim Cole and Officer Jackson, answered Commissioners’ questions. Applicant: Anthony and Alex Buich, owners of The Mucky Duck, were present. Planning Commission Meeting Minutes Tuesday, October 25, 2011 2 Planning Commission Minutes Tuesday, October 25, 2011 Mr. Anthony Buich said he was under the understanding that no dancing on the patio was an already eliminated from the conditions. Chair Davis clarified that revised conditions are under discussion. Mr. Buich questioned why his establishment was being held to such strict restrictions after they have proven they can run a problem free business and requested they be treated to the same standards as other similar establishments in the area. He said the restrictions will not make the business viable and will negatively affect the potential revenue. Chair Davis asked the applicant which conditions are not acceptable. Mr. Buich said his hours of operation should be the same as other establishments in the area and use of the patio should be consistent with the business hours of operation and requested to have live music allowed on the patio until midnight on Friday and Saturday nights. In answer to Commissioner McCrone’s question, Mr. Buich said all other similar establishments are allowed to have patrons enter until 2am, other establishments with patios are allowed to use them until 1:30- 2:00am. He also said it has been very hard to regulate the “no dancing” condition because dancing is interpretive. Mr. Alex Buich requested to extend the 9:00 pm requirement on music ending and change the 10:00 pm requirement to close the patio to midnight. Public Comments: Peter Blackwell, original owner of the subject property, said the patio opened for business in 1994 and provided for 60% of the income of the business and is essential to keeping the business viable. He said it’s not fair to hold the new owners responsible for the actions of the previous owner and suggested another review in six months. Deborah Shotgun said she books the music for The Mucky Duck and the genre is Blues, Jazz and R&B which attracts a very different crowd of people than DJ music mostly consisting of Hip Hop. In answer to Commissioner Osorio’s question, she said the restrictions placed on the times music is available at the establishment make it very difficult to book some bands because of traveling. Mike Dawson said he is concerned that even with the changes, the music will still negatively affect his property and requested the Commission maintain the 9:00 pm closing of the patio. Armand Nicholson said the new owners of the Mucky Duck have completely turned the business around to make it a better establishment and the music has been significantly lowered. He said they should be held to the same standards as other similar businesses on Alvarado. Jerry Anderson, Saucito Land Company, said the new owners have made a difference at the location and deserve respect and gratitude. He said the Mucky Duck is the only establishment with music on the patio and the City needs to consider the intentions for the future of the Downtown. He is concerned that if the music goes past 9:00 pm it will make it difficult to find residents to occupy the building his company owns adjacent to the subject property. In answer to Commissioner Stocker’s question, he said he understands the request to reconsider the hours of operation and dancing on the patio would not be a concern for him, but the amplified sound and music on the patio past 9:00 pm is a concern. Planning Commission Meeting Minutes Tuesday, October 25, 2011 3 Planning Commission Minutes Tuesday, October 25, 2011 Uwe Grobecker, Santa Lucia Café, said he has live music at the Café. The Mucky Duck’s time constraints create a handicap for this business in Downtown because of the competition from Cannery Row that has establishments that stay open later with music. He suggested the Commission consider allowing the Mucky Duck to have 10 weekends a year that will allow live patio live music to stay open later. Bill Stahl, property owner, said the Mucky Duck establishment should be held to the same standards as other similar establishments in the area. He said the music and entertainment on the patio has a history at the business and the apartments adjacent to the property are not currently occupied. He suggested the Commission allow the new owners to have a chance and review the permit on a regular basis or as needed. Kirk Probasco, Mid Coast Realty, said the Buich’s have done a remarkable job re- furbishing the Mucky Duck and have also improved the quality of staff and encouraged the Commission to adjust the restrictions that were placed on the establishment at the June meeting. He said the hours should be extended and the patio should be available for various uses, but suggested keeping the music indoors. Troy Oshay said he is a musician that plays at the Mucky Duck and complimented the Buich’s on their integrity and ambition to improve the establishment. He said the music that is now played at the Mucky Duck draws a more respectable crowd and expressed concern on the time constraints for music because it will make it difficult to book musicians from out of town. He made mention of other establishments in the area that have live music outside like Peter B’s and Indian Summer, and said noise comes from several businesses on Alvarado that will affect the potential residents in the mixed use buildings along Alvarado. Anthony Buich said music inside the building is not conducive because of the floor plan and the patio is a big attraction for patrons of the business. Commissioner Comments: Commissioner Osorio concurred with Mr. Anderson that the vision of the Downtown area should be considered and motioned to approve revisions to the Conditions of Approval based upon the operation of the business over the past 90 days as follows:  Condition #4 o g.1 – Close all entrances at 1:30 am o g.2 – Stop sales of all alcohol beverages at 1:30 am o g.3 – Live Entertainment in the outdoor patio area shall end by 9:00 pm on weekdays and midnight on Friday and Saturday night. o g.4 – Live Entertainment inside the building shall end by 12:00 am (midnight) nightly. o g.5 – Outdoor seating in the patio area shall end by 1:30 am o g.6 – Eliminated o g.7 – Business shall close every night by 2:00 am Commissioner Davis seconded the motion. Commissioner McCrone said the Buich's have done a great job at resurrecting the business, and concurs that the business should be held to the same standards as other establishments in the area, and would like to have the project come back to the Commission in six months for a review. He said the no dancing restriction should stay as a condition with language that indicates the patio configuration will remain for dining only Planning Commission Meeting Minutes Tuesday, October 25, 2011 4 Planning Commission Minutes Tuesday, October 25, 2011 with a closing time of midnight for a six month trial period. He suggested the applicant research possible ways to muffle the sound from leaving the patio and he would consider some exceptions throughout the year to allow music played later, but the restriction for all other days should remain at a 9:00 pm stop time for the music. Commissioner Stocker said the no dancing restriction should be eliminated and the indoor portion of the establishment should be held to the same standards as all other similar establishments in the area. He concurs with the six month review and requested the motion be amended to operate the interior of the business by the standards set forth from the ABC and dining on the patio should be allowed until midnight with music only allowed until 10:00 pm on the weekends and 9:00 pm on weekdays with the exception of midnight closings on pre-designated special event dates for the patio. Commissioners Osorio and Davis concurred with the amendments to the motion. Commissioner Widmar questioned why sound is of concern considering the business has complied with the 65 decibal maximum and suggested the Commission consider leaving the patio open until 12:30 pm on a trial basis. He also said the new owners should not be held responsible for the previous owner’s mistakes and problems with the business and the patio should be utilized for the competitive advantage it offers. Commissioner Osorio amended his motion to include a 12 month review of the permit. Mr. Rerig asked for clarification from the Commission on the condition requiring a list of 10 days that the establishment would like to stay open late and requested the Commission clarify in the condition that a list would need to be submitted by the applicant to the Planning Office. The Commission concurred. Commissioner McCrone said he will not support the motion and the permit should come back for review in six months. Commissioner Osorio concurred that a six month review was appropriate and amended his motion. Commissioner Davis concurred. Commissioner Widmar suggested the music condition be extended until 11:00 pm on the weekends and said the tenants of the residences in the Downtown area should be made aware they are moving into a Downtown that has potential for noise. Commissioner Osorio clarified that the condition requiring submittal of a request for 10 special events with extended hours is for 10 one night events. He also clarified the changes made to the other conditions as follows:  Condition #1 o Use Permit 11-154 (Outdoor Seating and Live Entertainment) shall be reviewed by the Planning Commission for compliance with the Conditions of Approval after six months.  Condition #4 o g.3 – Live Entertainment in the outdoor patio area shall end by 9:00 pm on weekdays and 10:00 pm on Friday and Saturday night, and the applicant will annually submit a list to the City of 10 events a year, one night per event, that will have extended music hours to 12:00 am (midnight). o g.5 – Outdoor seating in the patio area shall end by 12:00 am (midnight). Planning Commission Meeting Minutes Tuesday, October 25, 2011 5  Planning Commission Minutes Tuesday, October 25, 2011 Commissioner Widmar again suggested an extension of the live music hours on the patio to 11:00 pm, with the understanding that the permit can be re-evaluated and hours can be scaled back if needed. He called for a vote on the motion. On a motion by Commissioner Osorio, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission approved revisions to the Conditions of Approval based upon the operation of the business over the past 90 days.: AYES: 5 COMMISSIONERS: Davis, McCrone, Osorio, Stites, Stocker NOES: 1 COMMISSIONERS: Widmar ABSENT: 1 COMMISSIONERS: Garden ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Chair Davis called for a five minute recess at 8:55 pm. Reconvened at 9:00 pm. 5. 1410 Del Monte Center; Application 11-163 to Re-open Use Permit 99-149; Applicant Jill Vivanco; Owner Pacific Oceanside Holdings, LLP; C-2-SC Zoning District; Exempt from CEQA Requirement. Consider revisions to the Del Monte Center employee holiday shuttle program. ACTION: Approved staff recommended revisions to the Employee Holiday Shuttle Program with an added condition that the Planning Commission shall review the program status in one year. 6-0-1 (Absent-Garden). Staff Presentation/Commissioners Questions: Todd Bennett presented the staff report and answered Commissioners’ questions. Applicant: Jill Vivanco was present. Public Comments: Rick Hewer said the Alta Mesa Neighborhood is not taking a position on the subject. He expressed concern about the potential for growth at the Del Monte Center (DMC) and said it is not completely built out and urged the Commission to deny the application. Mike Dawson said he has monthly meetings with DMC to address issues, concerns and plans for the development of the center and e suggested considering no shuttle days. He said the letters of opposition that were submitted are from the properties that back up to the center and the DMC has been a very good neighbor to the Alta Mesa neighborhood. . Commissioner Comments: Commissioner Stocker motioned to approve staff recommended revisions to the Employee Holiday Shuttle Program with an added condition that the Planning Commission shall review the program status in one year. Commissioner McCrone seconded the motion. Planning Commission Meeting Minutes Tuesday, October 25, 2011 6  Planning Commission Minutes Tuesday, October 25, 2011 On a motion by Commissioner Stocker, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission approved staff recommended revisions to the Employee Holiday Shuttle Program with an added condition that the Planning Commission shall review the program status in one year.: AYES: 6 COMMISSIONERS: Davis, McCrone, Osorio, Stites, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Garden ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS 6. Response to Commissioners’ Comments at the September 27, 2011 Meeting Report received. New Comments:  Commissioner Widmar expressed concern about the safety of vehicles traveling around a large storage container located on the street at 1210 Munras Avenue. Ms. Cole informed the Commission that the property is part of a code enforcement case and the resident was moved to an assisted living facility and the family is cleaning up the property which requires the use of the storage container. INFORMATIONAL REPORTS & STAFF COMMENTS 7. Planning Office Update Report received and reviewed. ADJOURNMENT There being no further business, the meeting adjourned at 9:28 P.M. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Managing Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, October 25, 2011 7