Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, February 28, 2012 EVENING SESSION ONLY 7:00 pm - 11:00 pm FEW MEMORIAL HALLS OF RECORDS, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Davis, Garden, McCrone (Arrived at 7:04 pm), Osorio, Stocker, Reed, Widmar Commissioners Absent: None Staff Members Present: Chief of Planning, Engineering, and Environmental Rerig, Principal Planner Cole, Principal Planner Caraker, Traffic Engineer Deal, Recording Secretary Hanes, CALL TO ORDER Chair Davis called the meeting to order at 7:00 pm. CONSENT ITEMS Kim Cole informed the Commission that Item #1 is being pulled from Consent to allow a description of the revised Findings for Decision. On a motion by Commissioner Stocker, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS with exception of Item #1 that was pulled from Consent for further discussion: AYES: 7 COMMISSIONERS: Davis, Garden, McCrone, Osorio, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 1. Consider 807 Cannery Row – Use Permit for Formula Fast Food Restaurant; Application 12-013; Applicant Dan Bohen (for Pinkberry); Owner Monterey Bay Aquarium Foundation ACTION: Approved a Use Permit to allow a Formula Fast Food use with the revised Findings for Decision adding Findings #7 and #8, and revised Conditions of Approval that eliminate Condition #8, revise Condition #11 and add Condition #12. Staff Presentation and Commission Questions: Kim Cole presented the agenda report and answered Commissioners' questions. Applicant: Dan Bohen said his employees are generally college students that do not have vehicles and either get dropped off or take the City bus. He said the majority of his staff will not use parking permits and he does not know what the pedestrian traffic will be at this time, so it is hard to determine an appropriate closing time. Planning Commission Minutes Tuesday, February 28, 2012 Public Comment: Mark Ambers, representing the landlord for 807 Cannery Row, thanked staff for the consideration regarding the trash enclosure concern and said he is in support of the project and accepts staffs changes. Sharon Dwight asked where the nearest residential community is and made note that the hours of operation could affect surrounding neighborhoods because of the increase in traffic, extended hours of lights being on and the addition of noise. Commission Comments: Ms. Cole responded to Commissioner McCrone's question regarding the limitation of hours of operation. In answer to Commissioner Osorio's questions, she said the Cannery Row code does not specify hours of operation. Commissioner Osorio indicated that another similar establishment on Cannery Row does not have a condition on its Use Permit to close at 10:00 pm. Commissioner McCrone said he does not see a reason to have a condition that puts restrictions on hours of operation for the project and made a motion to approve a Use Permit to allow a Formula Fast Food use with revised Findings for Decision to add Findings #7 and #8 as follows: Finding #7: The project site slopes from Cannery Row upwards to the trash enclosure. A roof over the trash enclosure is not being required because it would prevent trash trucks from servicing the enclosure. A drain is not required because the trash enclosure cannot be covered. Finding #8: The applicant proposes to purchase three employee parking passes to provide parking for the business’ typical operating day. and revised Conditions of Approval that eliminate Condition #8, revise Condition #11 as follows: Revised Condition #11: Parking Division Condition: The applicant shall be required to purchase at least seven three (73) monthly public parking passes, or their equivalent, for the life of the business at this location for exclusive use by the employees of the proposed business. and add Condition #12 as follows: Condition #12. Planning Condition: The Planning Commission determined the business can operate after 10:00 pm, as desired. Commissioner Osorio seconded the motion. On a motion by Commissioner McCrone, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission approved a Use Permit to allow a Formula Fast Food use with the revised Findings for Decision that add Findings #7 and #8, and Revised Conditions of Approval that eliminate Condition #8, revise Condition #11 and add Condition 12: AYES: 7 COMMISSIONERS: Davis, Garden, McCrone, Osorio, Stocker, Reed, Widmar Planning Commission Meeting Minutes Tuesday, February 28, 2012 2  Planning Commission Minutes Tuesday, February 28, 2012 NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 2. February 14, 2012 Commissioner Osorio requested further review of his comments in Agenda Item #2, Item 4, and requested the minutes be continued. ACTION: Continued to March 13, 2012 Meeting to allow for further review of Agenda Item #2, Item #4 regarding Commissioner Osorio's comments. ***End of Consent Agenda*** PUBLIC COMMENTS Sharon Dwight expressed concern about changing the names of streets indicating that the historic community should address this topic and the business owners should also be consulted because an address change will impact them. She said with a good signage system, people can be directed to their destinations without changing the names of streets and suggested staff consider alternative ways to fix the traffic confusion. Mary Alice Fettis, North Fremont Business District, said the district is in support of a name change on North Fremont with the hopes that it will establish the North Fremont district as a Monterey area and they have met to discuss possible names for the street. PUBLIC APPEARANCE 3. Recommend that the City Council Accept the Preferred Transportation Alternative for Lighthouse Avenue and Direct Staff to Continue Studying the Waterfront Circulation. ACTION: Recommend to City Council to leave Lighthouse as it is today with minor modifications that staff proposes that includes the addition of bulb-outs and making Lighthouse more pedestrian accessible. Staff Presentation and Commission Questions Kim Cole presented the agenda report and along with Rich Deal answered Commissioners's questions. Public Comment: Carl Outzen, property owner on Lighthouse Avenue, said he has previously informed staff and the Commission that the 100 block on Alvarado has different issues than the rest of Lighthouse area, specifically because of the lack of a left turn into his properties. He suggested a left turn be implemented at Reeside and he expressed concern about people having to cross over three lanes of traffic on Lighthouse to be able to return to Monterey. He also suggested staff consider a loop on Lighthouse with an added light at Planning Commission Meeting Minutes Tuesday, February 28, 2012 3 Planning Commission Minutes Tuesday, February 28, 2012 Foam Street that would eliminate any left turns and satisfy the Homeowners Associations expectations to keep Lighthouse safe. He requested that the City Traffic Engineer provide a count of cars coming out of the tunnel going into Foam and asked the Commission to come up with a solution that works for everyone in the Lighthouse corridor. Yoko Whitiker, speaking on behalf of Sunshine Freestyle, said the economic ramifications of reducing the width of sidewalks on Lighthouse would significantly hurt the businesses on Lighthouse Avenue and asked if economics were considered. She said the proposal does not meet the General Plan and asked where the trees that will be eliminated if the sidewalks are made smaller would be re-located. She also said that Lighthouse needs to be improved as a more pedestrian friendly street and could benefit from the addition of more trees and an even wider sidewalk. She also questioned how the queue will be reduced with the proposed changes. Frank Donangelo said the request for left turns on Lighthouse should be forgotten and questioned what the result would be in the tunnel and as a backup on Lighthouse with three lanes traveling from Lighthouse into the tunnel. He said that there are a lot of unknown answers with the project and the commercial community needs to have their opinions considered. He said parking is always an important factor for commercial users especially on Lighthouse Avenue and suggested the best plan is to leave Lighthouse as it currently is running. Jeff Davi, property owner on Lighthouse Avenue, said he concurred with Mr. Donangelo and also suggested leaving Lighthouse Avenue as it is currently flowing. He expressed concern that if a lane of traffic is eliminated from Lighthouse, it will affect the traffic counts that will impact the businesses on Lighthouse, especially in the 200-300 block. He suggested staff explore adding a left turn on Drake and not take any parking spaces, rather research making the sidewalk’s smaller. He also said that if changes are not possible, leave the street in its current state. Anthony Davi, property owner on Lighthouse Avenue, said he is opposed to reducing Lighthouse to two lanes towards Pacific Grove in order to accommodate a left turn and because the area is a major commercial district, the businesses need the traffic and parking directly in front of their business. He said that Lighthouse Avenue is too narrow to accommodate left hand turns and suggested staff consider widening Lighthouse Avenue and reducing sidewalks. He also said the trees should remain with a bulb out system. He suggested as a solution for some of the issues in the 100 block to convert Private Bolio to a two-way up to Hawthorne and also said the plan should include additional signage on Lighthouse directing people to Cannery Row. Bonnie Adams, Executive Director of Cannery Row Business Association, made reference to a letter she submitted suggesting an alternative concept for Lighthouse Avenue that maintains two lanes in both directions on the existing alignment and attempt to achieve left hand turn lanes for both directions at the intersection of Lighthouse and Drake Avenue so that there is nominal loss of parking through a slight reduction in the sidewalk width in that area as needed. The letter also suggests consideration of efforts to connect Hawthorne Street to Private Bolio to also improve traffic flow in this area. Sharon Dwight, New Monterey Neighborhood Association, made reference to a letter she submitted suggesting Alvarado be two-way, no left turn pockets at Drake or Prescott, one Planning Commission Meeting Minutes Tuesday, February 28, 2012 4 Planning Commission Minutes Tuesday, February 28, 2012 lane outbound (toward Pacific Grove) the full length of Lighthouse, no commercial truck double parking on the outbound side of Lighthouse, two-lanes inbound (toward Downtown Monterey) the full length of Lighthouse, widened parking and travel lanes and to add a return loop at Lighthouse/Foam with a long stacking lane for a left turn across the single lane of outbound Lighthouse traffic. She suggested finding a solution for Del Monte traffic to flow better because there is a significant back up at the tunnel and the Lower Presidio should not be considered as an alternative for the traffic flow because it is a Historic District. In answer to Commissioner Osorio’s questions, she said that Lighthouse Avenue is considered neighborhood serving. She also said when the General Plan was written, in order to make Lighthouse a place where people would want to live, the component to make the corridor a more pedestrian friendly environment was essential. Howard Fosler said the width of the sidewalks is critically important to the future of the Lighthouse corridor and the neighborhood tends to not patronize the businesses on Lighthouse when the traffic is jammed and it would benefit the businesses to get the traffic flowing better. He suggested staff find a solution for the traffic issues on the opposite side of the tunnel that will help the traffic flow better on Lighthouse. Commission Comment: Commissioner Osorio said the General Plan is the guiding document and suggested the Commission and staff consider alternatives to the proposed plan and re-scope the project. He made mention of a request he made at the previous Planning Commission meeting pertaining to how the bus rapid transit (BRT) system will be worked into the Lighthouse plan. He also said the 100 block has issues that need to be discussed and the restaurants on Lighthouse will benefit from widening the sidewalks that would allow for sidewalk dining. Commissioner McCrone said he supports staff’s recommendation and it will be difficult to get total agreement on a plan and the solution as presented is a relatively inexpensive solution that attempts to shorten the queue and have effective circulation while adhering to the General Plan to make Lighthouse more pedestrian friendly. Commissioner Reed said the recommendation is a proposal and not necessarily the solution and there will always be traffic and back-up concerns. Commissioner Stocker said Lighthouse Avenue issues may never be fixed. He said he lives in the neighborhood and regularly walks on Lighthouse Avenue visiting the businesses and the City needs to encourage the pedestrian element and fulfill the General Plan. He also said Lighthouse should be made more attractive but the compromise for Lighthouse Avenue would be to leave it as it is currently. Commissioner Widmar said the left turns create unsafe conditions on Lighthouse and are not worth the concern as a trade off for convenience, but if a left turn is absolutely necessary, one could be considered at Reeside. He said a solution does not need to be determined immediately. He also said traffic does not need to move faster on Lighthouse Avenue and suggested narrowing the sidewalks between trees allowing cars more space to park and eliminate the notion to add left turns but add more signage. Commissioner Garden said the Commission is attempting to take the steps necessary to implement the vision on Lighthouse Avenue that was expressed in the General Plan to Planning Commission Meeting Minutes Tuesday, February 28, 2012 5 Planning Commission Minutes Tuesday, February 28, 2012 make Lighthouse Avenue a mixed use neighborhood. He said he is not in favor of changing the look of Lighthouse Avenue. He suggested tabling the recommendation to City Council to allow time to finish drafting the specific plan that will present steps to a timeline for the solution and have staff bring back to the Planning Commission an acceptable recommendation to the City Council that puts a timeline to clarify the plans to fulfill the expectations of the General Plan in the future. Commissioner Davis said a solution to the traffic problems on Washington and Del Monte would help determine a solution for Lighthouse Avenue and suggested no changes to Lighthouse until such a solution is determined. He asked staff if there was an alternative that had not already been explored. Rich Deal responded stating that the primary constraint is the tunnel capacity and there are no new solutions that change this capacity. He said in order to fit the general consensus of what the businesses on Lighthouse desire, there would be no changes on Lighthouse Avenue other than reducing some crosswalk widths and exploring the parking issues. Commissioner Garden made a motion to continue the item and direct staff to provide an alternative that does not change the street other than appropriate changes as staff deems sensible to improve the nature of parking with the addition of bulb-outs and reduce the complexity of walking across Lighthouse Avenue with the corner bulb-outs. He requested staff come back to the Commission with a recommendation to the City Council with an alternative for traffic circulation that takes into consideration testimony from the public. Chair Davis said staff should not have to come back to the Commission, rather a recommendation should be made at this time. Commissioner Garden clarified that he wants to present a recommendation to City Council that supports staff’s analysis. Ms Cole said that after discussion amongst staff, and based on the public testimony given, they would support maintaining two-way traffic on Lighthouse and explore the option to create bulb-outs at the intersections for the crossing distances. The motion failed due to lack of a second. Commissioner Widmar made a motion to recommend that the item be tabled until more specifics are available about what is going to happen at Del Monte and Washington. Commissioner Osorio asked the motion maker if he would amend his motion to include implementation of the goals of the General Plan including traffic reduction, implementing urban design measures, clarifying land use and parking solutions with the possible deletion of some parking spaces on one block to enhance the pedestrian experience with wider sidewalks and also include information on the implementation of the bus rapid transit (BRT) on Lighthouse. He said the BRT has the potential to reduce traffic and allow people alternative access to the Lighthouse corridor and create a possibility of deleting some parking spaces. Commissioner Widmar said he cannot add the changes to his motion because he is recommending the item be tabled therefore there would be no recommendations to make. The motion failed due to lack of second. Commissioner Stocker said the item should not be tabled because a recommendation to City Council is necessary and he made a motion to recommend to City Council to leave Lighthouse as it is today with minor modifications that staff proposes to make which include the addition of bulb-outs making Lighthouse more pedestrian accessible. Commissioner Reed seconded the motion. Planning Commission Meeting Minutes Tuesday, February 28, 2012 6  Planning Commission Minutes Tuesday, February 28, 2012 Chair Davis asked staff if all possibilities have been exhausted to help the 100 block. Mr. Deal said that retaining the two-way traffic flow on Lighthouse is a better option for the 100 block and the only relief that can be offered to the 100 block is a one-way couplet that allows a return loop around the Coast Guard Station. Commissioner Osorio said he does not think the motion will implement the General Plan. On a motion by Commissioner Stocker, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission recommended that the City Council approve leaving Lighthouse as it is today with minor modifications that staff proposes that includes the addition of bulb-outs and making Lighthouse more pedestrian accessible.: AYES: 5 COMMISSIONERS: Davis, Garden, Stocker, Reed, Widmar NOES: 2 COMMISSIONERS: McCrone, Osorio ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS 4. Response to Commissioners’ Comments at the February 14, 2012 Meeting Report received. New Comments:  Commissioner Stocker made mention of a letter that was circulated to the Boards and Commissions from Fred Cohn, the Assistant City Manager regarding staff's role with the Commission, recommendations to the City Council and the staff's support of Planning Commission decisions. He said he disagrees with the concept of the letter and has spoken with Mr. Cohn regarding his concerns with the letter and its intent. He said he takes offense to the letter that makes it appear as though the Planning Commission opinion means very little. He also said if the letter indicates the direction that the City Manager's office wants to go with, then all Boards and Commissions should be eliminated. He said the Planning Commission is appointed by the City Council to make decisions and recommendations that should be brought to the City Council and their opinions should be represented eloquently. He added that a Planning Commission Chair typically attends City Council meetings when a Planning Commission item is being recommended, so that they are available to to clarify questions, and suggested that in the future, a meeting should be arranged by the City Manager's office to discuss any issues or concerns the City Manager has with the various Boards and Commissions. Commissioner McCrone concurred with Commissioner Stocker's comment and added that both staff and the Commission have various expertise and decisions made by the Planning Commission can be changed upon appeal by the City Council. He said that Mr. Cohn's letter is not City policy and was unprofessional. He suggested a study session with the City Council to further examine the letter and the City Council's knowledge of the items listed in the letter. Commissioner Osorio said the letter should have been drafted by the City Manager, Fred Meurer, and indicated that the letter was poorly written and difficult to understand. He expressed concern Planning Commission Meeting Minutes Tuesday, February 28, 2012 7  Planning Commission Minutes Tuesday, February 28, 2012 that the letter was intended to undermind the actions of the Planning Commission and also stated that the Planning Commission is appointed by the City Council to make decisions based on independent judgement. He said the role of the staff is to advise the Planning Commission, the City Council and the higher-ups, on how to best go about land use business using their independent judgement. He also said that he would like to hear from the City Manager that it was not the intent of the letter to undermind the independence of both staff and the Commission and said the letter indicates to him that the City Manager's office does not care about the Commission. Chair Davis said he will contact the Mayor to request a retreat with the Planning Commission and City Council and request that this letter be agendized.  Commissioner Garden made a follow up comment to a prior Commissioner Comment he made regarding the recent finding that the basis for Planning Commission findings and decisions have been incorrect for decades and expressed concern that this matter went unknown for so long.  Commissioner McCrone said he and Chair Davis attended the Old Monterey Business Association Retreat earlier this month and sat with the owner of the proposed bar on Alvarado Street, My Attic. He said owner is confused why his establishment is being held to a closing time of 1:00 am which is different than other similar establishments on Alvarado and requested staff work with the applicant to possibly re-open the Use Permit to address this concern. INFORMATIONAL REPORTS & STAFF COMMENTS 5. Planning Office Update Report received and reviewed.  Ms. Cole said she had no additional comments. ADJOURNMENT There being no further business, the meeting adjourned at 9:15 P.M. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Managing Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, February 28, 2012 8