Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, November 8, 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, Garden, McCrone, Stocker, Widmar Commissioners Absent: Osorio, Stites Staff Members Present: Chief of Planning, Engineering, and Environmental Rerig, Principal Planner Cole, Senior Planner Ebbs, Senior Associate Planner Hopper, Recording Secretary Hanes CALL TO ORDER Chair Davis called the meeting to order at 4:08 pm. CONSENT ITEMS Chair Davis continued the Consent Agenda to the evening session to allow the Commission an opportunity to review the Draft Minutes. On a motion by Commissioner Stocker, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 5 COMMISSIONERS: Davis, Garden, McCrone, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Osorio, Stites ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. October 25, 2011 ACTION: Approved as submitted. 4-0-3 (Absent-Davis, Osorio, Stites). ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC APPEARANCE 2. Revisions to Monterey Municipal Code Chapter 31, Signs, and Citywide Sign Guidelines. Advisory Review of Comprehensive Revisions to Sign Ordinance and Citywide Sign Guidelines. ACTION: Continued to the November 22, 2011 meeting to allow staff time to revise. 5-0-2 (Absent-Osorio, Stites). Planning Commission Minutes Tuesday, November 8, 2011 Staff Presentation/Commissioners Questions: Forrest Ebbs presented the staff report and along with Chip Rerig, answered Commissioners’ questions. Public Comments: Frank Donangelo, Cannery Row Business Association, suggested installing sign kiosks at busy locations like the Del Monte Center, Cannery Row and outside the parking garages that indicate the businesses in and around the immediate area. He commended staff for the work on the program and recommended the Commission amend the Ordinance to include a consideration of the sign kiosks. Commissioner Comments: Commissioner Davis concurred with Mr. Donangelo’s suggestion and recommended sponsorship for the kiosks from independent entities. Commissioner Stocker said off-site signs should not be prohibited and should be part of an approved City signage program and suggested clarification to the language in the Ordinance. He also suggested that the sponsorship for the kiosks come from the various business districts. Commissioner Widmar suggested adding this as part of the sign program for each district. Commissioner McCrone suggested adding more way-finding signs as off-site signs. Commissioner Garden said lighted signs should be turned off after the business is closed. Mr. Ebbs said the Architectural Review Committee elected to remove this requirement and not restrict the times a sign can be left on. Ms. Cole informed the Commission that enforceability would be an issue if such a requirement was implemented because there is not currently sufficient staff to handle the task. Commissioner McCrone complimented staff and suggested adding clarification as to the definition of prohibited signs that do not comply with Ordinances. He said a five year amortization of non-conforming signs at market rates makes no sense and that we should consider a rule that addresses new signs or signs that are being changed as subject to the abatement. Commissioner Garden made a motion to continue the item to November 22, 2011 meeting with the language changes as suggested. Commissioner McCrone seconded the motion. Commissioner Stocker suggested placing the item on consent. On a motion by Commissioner Garden, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission continued the item to November 22, 2011 meeting to allow staff time to amend the revisions: AYES: 5 COMMISSIONERS: Davis, Garden, McCrone, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Osorio, Stites ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Recessed at 5:55 pm. Planning Commission Meeting Minutes Tuesday, November 8, 2011 2  Planning Commission Minutes Tuesday, November 8, 2011 Vice Chair Garden called the meeting to order at 7:04 pm. Chair Davis recused himself from the evening session. CONTINUED PUBLIC COMMENTS Bob Oliver said he has been following the water issues on the Monterey Peninsula and asked what the Planning Commissions (PC) position is on the desalinization plant and the issues with the City Council (CC) not being upfront with the public regarding the water issue. Commissioner Garden said the issue does not fall under the jurisdiction of the Planning Commission and informed Mr. Oliver that staff will respond to the question either in writing or at a future meeting. Mr. Oliver provided his address in Seaside for correspondence. . PUBLIC HEARING 3. 100 Boronda Lane (Boronda Adobe); Use Permit Application 10-241; Applicant/Owner Toreston Matheson; R-1-10-D1-H1 Zoning District; Initial Study and Mitigated Negative Declaration Prepared. Approve a Mitigated Negative Declaration and Use Permit for Historic Incentives to allow special event use in an R-1 zoning district; to allow R-3 uses in an R-1 zoning district and a parking adjustment to waive requirement for covered parking. On a motion by Commissioner Stocker, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission approved a Mitigated Negative Declaration and Use Permit for Historic Incentives to allow special event use in an R-1 zoning district; to allow R-3 uses in an R-1 zoning district and to waive requirements for covered parking with an added condition for a six month review of the permit. : AYES: 5 COMMISSIONERS: Davis, Garden, Osorio, Stocker, Widmar NOES: 1 COMMISSIONERS: McCrone ABSENT: 1 COMMISSIONERS: Stites ABSTAIN: 0 COMMISSIONERS: None ECUSED: 0 COMMISSIONERS: None ACTION: Approved a Mitigated Negative Declaration and Use Permit for Historic Incentives to allow special event use in an R-1 zoning district; to allow R-3 uses in an R-1 zoning district and to waive requirements for covered parking with an added condition for a six month review of the permit and clarification that no amplified music is allowed. Staff Presentation/Commissioners Questions: Christy Hopper presented the staff report and answered Commissioners’ questions. Applicant: Paul Davis, Architect, and Tore Matheson Owner were present. Mr. Davis said the property is a very important resource for the City and the applicant intends to maintain the property in its present form by maintaining enough activity to help Planning Commission Meeting Minutes Tuesday, November 8, 2011 3 Planning Commission Minutes Tuesday, November 8, 2011 pay for the maintenance costs. He said in the event of rain, tents will be added and all food will be brought in from an outside vendor. He also informed the Commission that the main building will not be accessible to groups using the property and requested that in Condition #12, the words “..not be…” be removed from the condition. Mr. Matheson concurred with the request to strike the words, and said the revenue from the property will be used to preserve the four acres of grounds and buildings. He said the contracts his clients and vendors sign have language pertaining to the noise concerns and restrictions. In answer to Commissioner McCrone’s question, Mr. Davis clarified that acoustic music is music that is not amplified. In answer to Commissioner Garden’s question, he said the buildings will need to remain available for all events with the exception of the kitchen and bathroom, and Mr. Matheson intends to follow the City Ordinance. Public Comments: Richard Carr and his wife Barbara Shilling said they live adjacent to the property and made mention of a letter he submitted regarding his concerns of the noise impacts and suggested the Commission lower the maximum decibels allowed. He also questioned if the use of the property was a commercial use and if that is appropriate in a residential area. Jerry Welling, adjacent property owner, asked if a traffic study had been conducted. Barbara Shilling said she has concerns for safety on Mesa Road with the additional traffic the property will produce and is also concerned that precedence might be set in R- 1 zoned areas and commercial use of an R-1 property. Paul Davis said general parking for major events in the evenings and on the weekends will be in an off-site parking area, and the main property will have a maximum of 26 cars traveling to and from the site during the day when the off-site parking is not available. He said the intentions of the music is to maintain subdued music that is appropriate for the events being held at the property and requested the Commission add a condition that allows reasonable subdued music, with no amplification, to be played on site. Ms. Hopper said the City Traffic Engineer has reviewed the proposal and the majority of the traffic will be traveling on El Dorado and it was determined that there was no significant traffic impact. In answer to Commissioner Garden’s question, she said the City Code indicates that historic properties can be used for additional uses to ensure their preservation. Commissioner Comments: Commissioner Stocker said he has no issue with the rental units on the property and the noise impact needs to be mitigated and will not support the changed condition pertaining to music. Commissioner McCrone expressed concern of the impact on the neighborhood regarding the noise and suggested a standard be developed for the music and concurred Mr. Carr that 60 decibels is too high for the noise in the area and recommended reducing the maximum allowed to 50 decibels. He also suggested adding a review period for the permit. Planning Commission Meeting Minutes Tuesday, November 8, 2011 4  Planning Commission Minutes Tuesday, November 8, 2011 Commissioner Widmar said the main issue is the noise and the impact on the neighbors and suggested a study be performed to determine the maximum decibels that would be acceptable in the area. Commissioner Garden said he will not accept the change to the previously approved condition and the use is a great opportunity for the site. Commissioner Stocker suggested continuing the item to allow time for the neighbors to return with an agreed upon solution to the noise concerns and also concurred to add a condition that would bring the project back for review in six months or one year. After discussion, Commissioner Stocker made a motion to approve a Mitigated Negative Declaration and Use Permit for Historic Incentives to allow special event use in an R-1 zoning district; to allow R-3 uses in an R-1 zoning district and to waive requirements for covered parking with the conditions as suggested by staff and an added condition for a six month review of the permit and clarification that no amplified music is allowed. Commissioner Widmar seconded the motion. Commissioner McCrone said he will not support the motion because he is concerned the regulation of no amplified music will limit the use of the property and he would have supported the motion to continue the item to allow more research of the acceptable decibel levels and hours of operation. He also said a condition should be added indicating the need for a temporary barrier directing people in the right direction for parking and traffic flow during major events. Commissioner Stocker asked the applicant if he would be willing to accept the original conditions as approved by the Historic Preservation Commission. Mr. Matheson agreed. PUBLIC APPEARANCE 4. Iris Canyon Road (APN 001-761-037); Pre-Application 11-249; Applicant Ryan Leon of SRM Development; Owner VFS#2 LLC; R-1-15-D1 Zoning District; Exempt from CEQA Requirements. Preliminary Review of a Proposal to Construct a Residential Care Facility on an Existing Undeveloped Lot. ACTION: Received report and provided feedback to the Applicant. Staff Presentation/Commissioners Questions: Forrest Ebbs presented the staff report and Michael Groves, Paul Davis and Ryan Leon presented the project and answered Commissioners’ questions. Applicant: Michael Groves, Paul Davis and Ryan Leon were present. Public Comments: Barbara Shilling asked for clarification regarding the traffic impact to the neighborhood. Mr. Groves responded stating that a traffic study will be performed as part of the formal application. Mr. Leon also responded indicating that the average age of residents of the facility is 85 and a shuttle service is provided because of the majority no longer drive. He said the facility only needs half a parking space per unit to meet the needs of residents, Planning Commission Meeting Minutes Tuesday, November 8, 2011 5  Planning Commission Minutes Tuesday, November 8, 2011 visitors and staff which at peak times is no more than 20 employees. He also said they have a ride sharing incentive program to encourage less vehicles traveling and parking on the site. Mr. Davis said the site has 57 spaces which is approximately one half per room and the City standard is one space per every three beds. Commissioner Comments: Commissioner Stocker said the use, as proposed, will produce significantly less traffic than a residential project and there is a great need in our community for such a use. He suggested changing the plans to accommodate a higher building with less grading needed. Commissioner Widmar concurred. Commissioner McCrone also concurred with a higher building and less grading. Commissioner Garden concurred with the height change suggestion and questioned if the road egress would need to travel through the Del Monte Center (DMC) to accommodate emergency vehicles. Mr. Groves said the egress through DMC would be necessary with an emergency gate, and said this would be further explored during the application process. In answer to Commissioner Garden’s question, Mr. Leon said the rental agreement is on a month to month basis and the facility is privately funded. Mr. Groves submitted handouts to the Commission that further described the concept of the facility. 5. Authorize a Letter to the City Council Requesting that the Coast Guard Consider an Alternative Solution to the Chain Link Fence located near the Coast Guard Pier ACTION: Authorized the Chair to forward a letter to the City Council requesting the Coast Guard Consider an Alternative Solution to the Chain Link Fence located at the Coast Guard Pier. Staff Presentation/Commissioners Questions: Kim Cole presented the staff report and answered Commissioners’ questions. Public Comments: None. Commissioner Comments: Commissioner McCrone said the letter, as written, is not adequate and suggested requesting from the Coast Guard, documentation that gave them the authority to put a fence up without previous approval. Commissioner Widmar suggested requesting the Coast Guard to produce evidence of ownership or determine who owns the property and who directed the installation of the fence. Commissioner Stocker questioned who owned the yellow pylon’s along the fence and requested to also have them removed. He also expressed concern about the look of the fence on the waterfront. Planning Commission Meeting Minutes Tuesday, November 8, 2011 6  Planning Commission Minutes Tuesday, November 8, 2011 Commissioner Garden suggested recommending that staff get a letter from the City Manager questioning the Coast Guard on their actions and reasoning behind putting up the fence without approval and informing them that they fence is unattractive on our Waterfront. He requested the fence be removed and the issue of chain link fences along the Coast Guard Pier be addressed. Commissioner McCrone said a Resolution is needed indicating that the Mayor or City Manager send a letter to the Coast Guard requesting the necessity of the fence and questioning who gave authority to put the fence up. After discussion, Commissioner McCrone made a motion to authorize the Chair to forward a letter to the City Council requesting the Coast Guard Consider an Alternative Solution to the Chain Link Fence located at the Coast Guard Pier. Commissioner Garden seconded the motion. Commissioner Stocker requested a second letter indicating that the yellow pylons should be removed. Commissioner McCrone amended his motion. Commissioner Garden agreed to the change. On a motion by Commissioner Stocker, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission authorized the Chair to forward a letter to the City Council requesting the Coast Guard Consider an Alternative Solution to the Chain Link Fence located at the Coast Guard Pier: AYES: 6 COMMISSIONERS: Davis, Garden, McCrone, Osorio, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Stites ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS 6. Response to Commissioners’ Comments at the October 25, 2011 Meeting Report received. New Comments:  Commissioner Stocker said he would like to encourage staff and potential applicants to follow the example of presenting a preliminary idea of projects to allow the Commission and the applicant an opportunity to work through any potential issues before the project is in motion.  Commissioner Garden made mention of an administrative error in the September 27, 2011 minutes that indicated he voted no on an item he made the motion for. Ms. Cole said the error has been identified and corrected. He also questioned how long the on demand videos of meetings are kept and informed staff that the videos are not available in an appropriate time frame after the meeting and suggested a deadline be set, possibly January 2012, to discontinue making paper copies of the packets considering the information is available online. Planning Commission Meeting Minutes Tuesday, November 8, 2011 7  Planning Commission Minutes Tuesday, November 8, 2011 INFORMATIONAL REPORTS & STAFF COMMENTS 7. Planning Office Update Report received and reviewed.  Ms. Cole recommended the Commission attend the Field Trip on November 21, 2011 to be better prepared for the November 22, 2011 meeting.  Commissioner Garden requested the December 27, 2011 Planning Commission meeting be canceled. Ms. Cole informed the Commission that the City is closed and the meeting will be canceled.  Commissioner McCrone questioned if any Commissioners should be present at the City Council meeting for the appeals of the Planning Commission decisions. Ms. Cole said there are two appeals being heard, 479 Alvarado and Del Monte Center Holiday Shuttle and informed the Commission that it is up to the Commission if they would like appoint someone to attend. ADJOURNMENT There being no further business, the meeting adjourned at 10:00 P.M. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Managing Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, November 8, 2011 8