Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, January 10, 2012 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 (arrived at 4:04 pm), Osorio, Stocker, Widmar Commissioners Absent: None Staff Members Present: Principal Planner Cole, Senior Planner Ebbs, Senior Associate Planner Bennett, Senior Associate Planner Hopper, Recording Secretary Hanes CALL TO ORDER Chair Davis called the meeting to order at 4:00 pm. Commissioner McCrone arrived at 4:04 pm. CONSENT ITEMS Ms. Cole informed the Commission that there was a change to a Condition of Approval for Item #2 on the Consent Agenda and that there was an amendment to the December 13, 2011 minutes as requested by Commissioner Osorio. She also recommended removing Item #1 from the Consent Agenda for further discussion. The Commission concurred to pull Item #1 for discussion. Commissioner Osorio requested another amendment to the December 13, 2011 Minutes in the Commission Comments to better reflect his comment. Commissioners Davis and Stocker abstained from voting on the Minutes because they were not present at the January 10, 2012 meeting. On a motion by Commissioner Garden, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission approved CONSENT ITEM #2 and #3 with amendments and with exception of Item 1 that was pulled for further discussion: AYES: 6 COMMISSIONERS: Davis, Garden, McCrone, Osorio, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 1. Consider 899 Lighthouse Avenue - Use Permit for Automobile Repair (Minor); Application 11-290; Applicant Eddie Hurt; Owner Saucito Land Company Planning Commission Minutes Tuesday, January 10, 2012 ACTION: Approved a Use Permit to allow an Automobile Repair, Minor Use with Findings for Decision and amended Conditions of Approval. Staff Presentation/Commissioners Questions: Forrest Ebbs presented the staff report and answered Commissioners’ questions. Applicant: Kevin Donohoe said control of parking is limited once the business is closed and because the lot is open parking, there is no way to stop people from parking there after hours. He said regarding hours of operation, that normal business hours depend upon the shopping center in which the business is located. He requested to have Condition of Approval 13 removed because the negotiations of the driveway modifications should be between the City and the property owner and his permit should not be affected. In answer to Commissioner McCrone’s question, Mr. Donohoe confimed that he does have a lease with the landlord that obligates him to make appropriate improvements to the property. Public Comments: Jerry Anderson, Saucito Land Company, also requested to have Condition of Approval 13 removed from the Use Permit. In answer to Commissioner Garden’s question, Mr. Anderson said they would conform to the Cities requirements regarding the driveway and this topic is currently under discussion. Commissioner Comments: Commissioner Stocker asked staff if they agreed with deleting Condition of Approval 13. Mr. Ebbs accepted the suggestion and said the topic would be addressed with the property owner. Ms. Cole said if the condition remains it allows staff more control over the driveway issues that need to be addressed, but concurred with Mr. Ebbs. After a discussion pertaining to the driveway changes, Commissioner McCrone said condition 13 should remain because this is the appropriate time to address the issue and impose the condition, but said the language could possibly be changed. He motioned to approve the Use Permit to allow an Automobile Repair, Minor Use with Findings for Decision and Conditions of Approval. Commissioner Stocker seconded the motion. Commissioner Osorio said the issue of the driveway is irrelevant. Commissioner Widmar concurred with Commissioner McCrone that a language change to condition 13 is appropriate. Commissioner McCrone suggested changing the language to indicate the following: “Failure to modify the driveways could result in temporary or permanent suspension of the Use Permit,…”. Commissioner Stocker concurred with the change. Chair Davis said he concurred with Commissioner Osorio. On a motion by Commissioner McCrone, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission approved a Use Permit to allow an Automobile Repair, Minor Use with Findings for Decision and amended Conditions of Approval: Planning Commission Meeting Minutes Tuesday, January 10, 2012 2  Planning Commission Minutes Tuesday, January 10, 2012 AYES: 6 COMMISSIONERS: Davis, Garden, McCrone, Osorio, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 2. Consider 625 Cannery Row, Suite 101 – Use Permit for Formula Fast Food Restaurant; Application 11-285; Applicant Alion Mansfield (for Emerald City Smoothie); Owner Angelo Shake ACTION: Approved a Use Permit to allow a Formula Fast Food use with Findings for Decision and amended Conditions of Approval. Amended Condition of Approval 8: Specific Conditions 8. Planning Office: Solid waste disposal services and facilities are provided for 625 Cannery Row (the "Subject Property") on an adjacent parcel located at APN 001-023-008-000. Prior to occupancy and use of the Subject Property, a Declaration of Reciprocal Access, Facilities, and Services ("Declaration") shall be recorded against both properties (625 Cannery Row and APN 001-023-008-000) to ensure that solid waste disposal services and facilities are available for use by the Subject Property. Prior to recordation of the Declaration, the Declaration shall be subject to review and approval by City staff and shall ensure that in the event of a conveyance of either property to a new or different owner, solid waste disposal services and facilities shall continue to be provided on APN 001-023-008-000 for use by the Subject Property or that new solid waste services and facilities will be provided at the Subject Property. A copy of the final, recorded Declaration shall be submitted to the City's Planning Staff prior to occupancy and use of the Subject Property. Approval of Minutes 3. December 13, 2011 ACTION: Approved as amended. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 4. Consider 96 Via Robles – Variances for Accessory Structure Height and Vehicle Back-Up; Application 11-289; Applicant Rick Steres, Architect; Owners Rick Still & Michelle Trinidad-Still. Planning Commission Meeting Minutes Tuesday, January 10, 2012 3 Planning Commission Minutes Tuesday, January 10, 2012 Height Variance for Accessory Structure (22' - 0" proposed, 12' - 0" standard), and Vehicle Back-Up Variance (21' - 6" proposed, 24' - 0" standard) associated with the construction of a replacement garage. ACTION: Approved the requested vehicle back-up Variance and denied the requested height Variance for the proposed replacement garage/accessory structure based upon Findings for Decision. Staff Presentation/Commissioners Questions: Todd Bennett presented the staff report and answered Commissioners’ questions. Applicant: Rick Steres, Architect representing the owners, showed several pictures of the property indicating where the garage currently resides and where it is proposed to be built. He said the proposed roof pitch of the garage will match the design of the house and will also match the height of a neighboring house which was represented in pictures he presented. He also said the roof of the guest house is in need of being replaced due to damage from rot and termites. Public Comments: None. Commissioner Comments: Commissioner Stocker said the concept of architectural compatibility and a 10 foot Variance has never been done and the request is a Major Variance. He motioned to approve the requested vehicle back-up Variance and deny the requested height Variance for the proposed replacement garage/accessory structure based upon that a special circumstance exists for the back-up Variance due to the topographical change between the street and proposed structure, in addition, Via Robles is not a heavily traveled street and no Special circumstance exists to support the height Variance as reflected in the Findings for Decision. Commissioner Garden seconded the motion. Commissioner McCrone said he agrees with the motion and sees no justification to raise the height of the roof. Commissioner Osorio said he agrees with the motion and said he would need more information to support the height Variance, such as the driveway slope. Chair Davis asked the Applicant if he would like to have the item continued to allow time to re-submit with changes. The Applicant declined a continuance. On a motion by Commissioner Stocker, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission approved the requested vehicle back-up Variance and deny the requested height Variance for the proposed replacement garage/accessory structure based upon Findings for Decision: Planning Commission Meeting Minutes Tuesday, January 10, 2012 4  Planning Commission Minutes Tuesday, January 10, 2012 AYES: 5 COMMISSIONERS: Garden, McCrone, Osorio, Stocker, Widmar NOES: 1 COMMISSIONERS: Davis ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None CONTINUED PUBLIC COMMENTS None. PUBLIC APPEARANCE 5. Recommend City Council accept the Downtown Monterey Streetscape, Plaza and Urban Design Study and incorporate the Study into the Downtown Specific Plan ACTION: Recommended that the City Council review the Downtown Monterey Streetscape, Plaza and Urban Design Study and consider incorporation of the Study concepts into the Downtown Specific Plan. Staff Presentation/Commissioners Questions: Kim Cole, Henry Ruhnke and Jes Slavik presented the staff report and answered Commissioners’ questions. Public Comments: Pete Arellano said he is not convinced that another material would be necessary on the ground where the outdoor seating is proposed. He also has concerns about closing Polk Street to only walking traffic especially considering he owns a business on the street, and he is concerned about the traffic flow of both vehicular and pedestrian on Calle Principal. Matt Armstrong, Impact Monterey Bay, a Facebook user group, encouraged the Commission to seek additional advice from other user groups through various social networking programs and other non traditional media forms. Ryan Lama said he is part of a group that wants to bridge the gap between the City, business owners and the end users, to help the flow of information. He suggested the bus depot as a possible location for the Visitor Center and asked for clarification regarding the recommendation being made by the Commission to the City Council. Anthony Buich, owner of the Mucky Duck, said the vision presented is beautiful and suggested staff research the possibility of digital signage. He suggested the City work with the local businesses to help promote the parking garages by offering incentives. Uwe Grobecker, said outside seating on Alvarado Street is a great idea but has concerns that parking spaces will be eliminated. He said parking is not spread out appropriately in the City and is heavier in the Waterfront area and more parking should be added on the other side of Planning Commission Meeting Minutes Tuesday, January 10, 2012 5 Planning Commission Minutes Tuesday, January 10, 2012 downtown. He suggested adding a second level of parking on the Trader Joe’s parking lot, and would like to see more business and property owners like Mr. Doug Wiele at the meetings. Anthony Davi Sr. complimented staff and the team on an exciting vision and expressed concern regarding the closure of Pearl Street because it is a main traffic flow between the east and west side of the City. He also expressed concern regarding traffic flowing around Simoneau Plaza that would make it less pedestrian friendly and suggested incorporating the Plaza into the Cooper Molera Adobe in which case the re-routing the streets would have to be examined. Sam Philips, incoming President for the Monterey Commercial Property Owners Association, complimented staff and said the end user is what makes the businesses thrive. Commissioner Comments: Commissioner Widmar motioned to recommend that the City Council review the Downtown Monterey Streetscape, Plaza and Urban Design Study and consider incorporation of the Study concepts into the Downtown Specific Plan. Commissioner Stocker seconded the motion. Commissioner Stocker said the concept is just an idea and a vision that will be further discussed and there will an appropriate time to discuss the details. Commissioner McCrone said the idea of offering information through other avenues of media is great and he agrees with the motion, but said it is imperative to identify where gateway features will be built in the City. He suggested several locations for gateways and suggested staff and the team enhance page 21 of the vision book presented to include pictures of the potential gateway locations and provide a more detailed definition. He also suggested adding an item to the proposed project that would describe a visual alteration to the exterior of the parking garages. Commissioner Osorio said it is important to clearly establish the process for the plan and emphasized that the presentation is just a guideline. Commissioner Garden said he supports the motion and the presentation is a look at the work that is in progress. He asked staff when the Draft Specific Plan will be presented to the Planning Commission. Ms. Cole responded stating the Draft will be presented in the Summer of 2012. On a motion by Commissioner Widmar, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission recommended that the City Council review the Downtown Monterey Streetscape, Plaza and Urban Design Study and consider incorporation of the Study concepts into the Downtown Specific Plan: AYES: 5 COMMISSIONERS: Davis, Garden, Osorio, Stocker, Widmar NOES: 1 COMMISSIONERS: McCrone ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday, January 10, 2012 6  Planning Commission Minutes Tuesday, January 10, 2012 COMMISSIONERS COMMENTS 6. Response to Commissioners’ Comments at the December 13, 2011 Meeting Report received. New Comments:  Commissioner McCrone asked for an update on the work being performed on the striping at the Train Depot Parking lot and suggested adding some landscaping to the area. He also asked if the trucks that were previously parked in the lot will be returning and suggested they stay in their current location on the east side of Figueroa. Mr. Rerig responded indicating that the striping is underway and landscaping is a planned part of the cleanup for the parking lot. He said he would speak with Wayne Dalton regarding the work and the intentions for the trucks.  Commissioner Osorio said the City Council reviewed both the Fresh and Easy Project and the Dry Boat Storage with additional information that the Planning Commission was not given an opportunity to comment on. He said he is concerned that the Planning Commission is reviewing projects before they are ready. He also made mention of the City Manager’s description of the Planning Commission decision regarding the Mucky Duck and did not feel that the Planning Commission was referenced properly. INFORMATIONAL REPORTS & STAFF COMMENTS 7. Planning Office Update Report received and reviewed.  Ms. Cole Emphasized the January 25, 2012 Special Joint Meeting with City Council and informed the Commission that the regular meeting scheduled for January 24, 2012 will still take place. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 P.M. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Managing Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, January 10, 2012 7