Planning Commission Meeting

Name: Planning Commission Meeting — Monterey, CA
Start: 2011-12-13T16:00:00
End: 2011-12-13T18:00:00
Location: Monterey, CA

Regular Meeting

Monterey, CA · December 13, 2011

Agenda Minutes Packet

Minutes

MINUTES PLANNING COMMISSION Tuesday, December 13, 2011 Afternoon Session Only 4:00 pm - 5:30 pm FEW MEMORIAL HALLS OF RECORDS, MONTEREY, CA 93940 MONTEREY, CALIFORNIA Commissioners Present: Garden, McCrone, Osorio, Stites, Widmar Commissioners Absent: Davis, Stocker Staff Members Present: Principal Planner Cole, Senior Associate Planner Bennett, Lt. Sonne, Recording Secretary Abadilla CALL TO ORDER Vice Chair Garden called the meeting to order at 4:00 PM. CONSENT ITEMS On a motion by Commissioner Widmar, seconded by Commissioner Stites, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS. AYES: 5 COMMISSIONERS: Garden, McCrone, Osorio, Stites, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Davis, Stocker ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. November 22, 2011 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. 711 Cannery Row; Application 11-252 to Re-open Use Permit 08-351; Applicant Marie Marquez Isquierdo; Owner Cannery Row Company; C-R Zoning District; Exempt from CEQA Requirement. Re-open Use Permit 08-351 (limited Live Entertainment) to allow for expanded Live Entertainment and Dancing. ACTION: Approved the application to expand the Live Entertainment options and allowed dancing based on the Findings for Decision and Conditions of Approval. Planning Commission Minutes Tuesday, December 13, 2011 Staff Presentation/Committee Member Questions: Senior Associate Planner Bennett presented the agenda report and both he and Principal Planner Cole answered Commissioners’ questions. Applicant: Yvette, representing Marie Marquez Isquierdo, was present. She stated that the applicant is asking for the live entertainment because the business is slow and this would be a way to bring more revenue to Cannery Row. They are asking for the hours of Thursday through Sunday from 9 pm – 1 am. She finished by stating that the applicant agrees with the staff report. Public Comments: Frank Donangelo stated that he supports the applicant since they have been good tenants. He added that there is a competition between the businesses on Cannery Row and whatever extra they can do will help and if something arises the City can open up their permit for review. Commissioner Comments: Commissioner McCrone stated that he has concerns regarding the operating hours and noise and how this application fits in with the City’s policy after what just happened with the Mucky Duck on Alvarado. He asked if the City has a mechanism to view a use permit and reduce the hours of another business in the Cannery Row area or if they have the ability to check other use permits that are already in operation. He asked if the City could impose a decibel limit on businesses or put a condition that would limit decibel levels and hours if the City changes its policy. Mr. Bennett stated that the City would need a cause to review a use permit for a business already in operation and he would have to check with the City Attorney’s office to give a specific answer to his question regarding policy changes. Commissioner Widmar motioned to approve the application to expand the Live Entertainment options and allow dancing. Commissioner Stites seconded the motion. Under discussion, Commissioner McCrone stated that 1 am is appropriate for this business and added that he didn’t think that it is fair to apply the same restriction on one business compared to another. Commissioner Osorio asked about the exiting of customers into the streets, the capacity of the business and the noise level. The applicant stated that they have a capacity of 120 persons. Mr. Bennett stated that there is no way to record the number of people that could be coming into the business for dancing on any given day. The issue of a fairness policy is not in the zoning code and you can’t compare the loudness of mariachi music to other music from another business. Ms. Cole stated that all businesses need to comply with the decibel limit. Commissioner Osorio stated that he understands the Police Departments concerns regarding health, safety and welfare. The Planning Commission is ruling on apprehension and they should be treating everyone equally. For that reason, he can’t support the motion. Vice Chair Garden stated that staff should bring the decibel limit to the Planning Commission for review to get a good handle on how loud 65 decibels really is. Planning Commission Meeting Minutes Tuesday, December 13, 2011 2 Planning Commission Minutes Tuesday, December 13, 2011 Mr. Bennett stated that the City is now including the decibel limit as a condition for a use permit for this type of application. Commissioner Widmar stated that he made the motion since the applicant is fine with closing at 1 am even though the ABC condition says 1:30 am and they are not in any conflict with other businesses in that area. On a motion by Commissioner Widmar, seconded by Commissioner Stites, and carried by the following vote, the Planning Commission approved the application to expand the Live Entertainment options and allowed dancing based on the Findings for Decision and Conditions of Approval. AYES: 3 COMMISSIONERS: Garden, Stites, Widmar NOES: 2 COMMISSIONERS: McCrone, Osorio ABSENT: 2 COMMISSIONERS: Davis, Stocker ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. 414 Alvarado Street; Major Use Permit 11-254; Applicant Jason Coniglio; Owner Forrol Properties, California; C-2-H-1 Zoning District; Exempt from CEQA Requirements. Request approval for Major Use Permit to operate a Bar (with no live entertainment). ACTION: On consent, approved the application to operate a Bar without Live Entertainment based on the Findings for Decision and Conditions of Approval. Commissioner Comments: On consent, Commissioner McCrone moved to approve the application to operate a Bar without Live Entertainment based on the Findings for Decision and Conditions of Approval. Commissioner Widmar seconded the motion. On a motion by Commissioner McCrone, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission, on consent, approved the application to operate a Bar without Live Entertainment based on the Findings for Decision and Conditions of Approval. AYES: 5 COMMISSIONERS: Garden, McCrone, Osorio, Stites, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Davis, Stocker ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS 4. Response to Commissioners’ Comments at the November 22, 2011 Meeting Report received. Planning Commission Meeting Minutes Tuesday, December 13, 2011 3 Planning Commission Minutes Tuesday, December 13, 2011 New Comments:  Commissioner Widmar stated that the City should look at the noise ordinance to see what a realistic volume level of noise is. He thanked staff for working with the Planning Commission and for all the great work they do.  Commissioner Osorio stated that he was disappointed at the City Council’s decision regarding the Mucky Duck appeal and he hoped that their action reflects in their minds the needs of the City and not just people opposed. He added that the CD he was given to view regarding the Downtown was very well done especially the presentation by the Library staff.  Commissioner McCrone stated that he hopes the next use permit the Planning Commission reviews for live entertainment will have input from the City Attorney’s office.  Vice Chair Garden announced that the annual Boards and Commissions meeting with the City Council will be held on Thursday at 4:00 PM in the Community Room at the Monterey Library. INFORMATIONAL REPORTS & STAFF COMMENTS 5. Planning Office Update Report received and reviewed.  Ms. Cole stated that there will be a study session with the City Council on January 25th to discuss the Citywide Transportation and Parking Study. The item will be brought before the Planning Commission on February 14th for a recommendation to City Council and then it will be scheduled for the February 21st City Council meeting for a decision.  Ms. Cole announced that Commissioner Stites turned in his resignation and thanked him for his service on the Planning Commission. Commissioner Stites thanked the Planning Commission for the learning experience and added that they are doing the right thing with the big items that are coming their way. ADJOURNMENT There being no further business, the meeting adjourned at 4:51 PM. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Managing Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, December 13, 2011 4

Agenda

Planning Commission Agenda Commissioners Paul W. Davis, Chair Regular Meeting Leon Garden, Vice Chair Willard McCrone Tuesday, December 13, 2011 Luis Osorio Moses Stites Few Memorial Halls of Records Afternoon Session Only David Stocker Monterey, CA 93940 4:00 pm - 5:30 pm Ralph Widmar Monterey, California FIELD TRIP The Planning Commission will not conduct a field trip to review the Tuesday, December 13, 2011 Planning Commission Agenda. For information call (831) 646-3886. Date Posted: December 9, 2011 CALL TO ORDER CONSENT ITEMS CONSENT ITEMS allow for a review of those items recommended for approval on consent or recommended to be continued, tabled or withdrawn, etc. Consent items consist of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Commissioner may request that an item recommended for approval on consent be heard on the regular agenda for further discussion. Approval of Minutes 1. November 22, 2011 ***End of Consent Agenda*** PUBLIC COMMENTS PUBLIC COMMENTS. At this time, the public may speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey Planning Commission and which is not on the agenda. Any person or group desiring to bring an item to the attention of the Commission may do so during Public Comments or by addressing a letter of explanation to the Commission, City Hall, Monterey, CA 93940. Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are required by law for certain actions. You are welcome to offer your comments after being recognized by the Chair. The Chair may limit the time allocated to each speaker. Project representation is encouraged. 2. 711 Cannery Row; Application 11-252 to Re-open Use Permit 08-351; Applicant Marie Marquez Isquierdo; Owner Cannery Row Company; C-R Zoning District; Exempt from CEQA Requirement. Re-open Use Permit 08-351 (limited Live Entertainment) to allow for expanded Live Entertainment and Dancing. 3. 414 Alvarado Street; Major Use Permit 11-254; Applicant Jason Coniglio; Owner Forrol Properties, California; C-2-H-1 Zoning District; Exempt from CEQA Requirements. Request approval for Major Use Permit to operate a Bar (with no live entertainment). COMMISSIONERS COMMENTS COMMISSIONERS may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, a Commissioner may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda. (G.C. 54954.2) 4. Response to Commissioners’ Comments at the November 22, 2011 Meeting INFORMATIONAL REPORTS & STAFF COMMENTS INFORMATIONAL REPORTS & STAFF COMMENTS supply information on activities or announcements and may request clarification or direction regarding the scheduling of meetings and study sessions. 5. Planning Office Update ADJOURNMENT ADJOURNMENT — The general policy of the Planning Commission is that the Afternoon Session will end no later than 5:30 p.m. and the Evening Session will end no later than 11:00 p.m. Any public agenda items that have not been completed within the designated adjournment time may be formally extended by the Commission, or continued to the next regularly scheduled Planning Commission Meeting, or continued to a Special Meeting. Agenda packets may be reviewed by the public in the Monterey Public Library, in the Planning Office, or on the web at http://www.monterey.org beginning late Friday afternoon prior to the date of the meeting. Members of the public have the right to address the Commission on any Agenda items. The Chair will formally open the floor for public comment. However, if you wish to speak to items during "Consent Agenda" or "Staff Informational Report," please advise the staff or the Chair prior to the action on that item and you will be recognized. Notification as much in advance as possible is appreciated. Information distributed to the Commission at the meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided to the Secretary for this purpose. Planning Commission decisions may be appealed within ten (10) days from the date of the decision on forms available in the Planning Division during business hours. When the tenth day falls on a weekend or a holiday, the appeal deadline date is the next working day following the holiday or weekend. The appeal filing fee is $370. For more agenda information, call the Planning Office at 831/646-3885. Planning Commission Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: 646-3799 FAX: 646-3793 Email: suggest@ci.monterey.ca.us WebPage: http://www.monterey.org Planning Commission Tuesday, December 13, 2011 2 The City of Monterey is committed to include the disabled in all of its services, programs and activities. For disabled access to the City, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish- language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646- 3935 to coordinate use of a device or for information on an agenda. UPCOMING MEETINGS AT CITY HALL Dec 15 Council Study Session, Council Chamber - 4:00 PM Dec 20 Council Regular Meeting, Council Chamber - 4:00 PM Dec 21 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Dec 22 Zoning Administrator Meeting, Council Chamber - 4:00 pm Dec 23 City Holiday, City Offices Closed - 8:00 AM Dec 26 City Holiday, City Offices Closed - 8:00 AM Dec 26 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Dec 27 Planning Commission Meeting Cancellation Notice, Council Chamber - 4:00 pm Jan 3 Council Regular Meeting, Council Chamber - 4:00 PM Jan 4 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Jan 10 Planning Commission Meeting, Council Chamber - 4:00 pm Jan 12 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Jan 12 Zoning Administrator Meeting, Monterey Library - 4:00 pm Jan 16 City Holiday, City Offices Closed - 8:00 AM Jan 17 Council Regular Meeting, Council Chamber - 4:00 PM Jan 18 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Jan 19 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Jan 23 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Jan 24 Planning Commission Meeting, Council Chamber - 4:00 pm Jan 25 Council Study Session, Council Chamber - 4:00 PM MORE INFORMATION IS AVAILABLE BY CALLING 646-3885 Planning Commission Tuesday, December 13, 2011 3

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