Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, March 27, 2012 Afternoon Session Only 4:00 pm - 6:00 pm FEW MEMORIAL HALLS OF RECORDS, MONTEREY, CA 93940 MONTEREY, CALIFORNIA Commissioners Present: Davis, Garden, Osorio, Stocker, Reed Commissioners Absent: McCrone, Widmar Staff Members Present: Chief of Planning, Engineering, and Environmental Rerig, Principal Planner Cole, Senior Associate Planner Hopper, Recording Secretary Hanes CALL TO ORDER CONSENT ITEMS On a motion by Commissioner Osorio, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 5 COMMISSIONERS: Davis, Garden, Osorio, Stocker, Reed NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: McCrone, Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. February 14, 2012 (Continued from February 28, 2012 meeting). ACTION: Approved as submitted. 2. February 28, 2012 ACTION: Approved as submitted. Other Consent Items 3. Approve Resolution Establishing a Resolution Numbering System ACTION: Approved Resolution establishing a resolution numbering system. ***End of Consent Agenda*** PUBLIC COMMENTS None.  Planning Commission Minutes Tuesday, March 27, 2012 PUBLIC HEARING 4. 867 Wave Street –Repeal Use Permit 87-84 and Variance 87-63 for a Parking Adjustment; Applicant City of Monterey; Business Owner Didier Dutertre (for Bistro Moulin), Property Owner 867 Wave Street Partners (Exempt from CEQA Requirements) ACTION: Adopted a Resolution to repeal Use Permit 87-84 for a 22 seat restaurant in the C-2 zoning district and Variance 87-63 for a Parking Adjustment of eight parking spaces. Staff Presentation/Commissioners Questions: Christine Hopper presented the agenda report and answered Commissioners' questions. Public Comments: Tony Smith said he has an adjoining property and requested the property become compliant with the Monterey Peninsula Water Management District (MPWMD) permit that states the maximum number of indoor seating for the subject property is 22. He also requested the property become compliant with City codes for businesses adjacent to a residence, specifically relating to activity after 10:00 pm, live entertainment and dancing and alcohol sales. He questioned the use of the space and said the business has not utilized the space for a full restaurant. Ms. Hopper responded indicating that the property is adjacent to a commercial zone and therefore they are in compliance with all City codes. She said the Alcohol and Beverage Control (ABC) restrictions will be enforced by the ABC. The MPWMD has inspected the site multiple times and monitors water credits. No violations were found. She also said there is no current permit on file for live entertainment. Commissioner Comments: Commissioner Stocker motioned to adopt a Resolution to repeal Use Permit 87-84 for a 22 seat restaurant in the C-2 zoning district and Variance 87-84 for a Parking Adjustment of eight parking spaces. Commissioner Osorio seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission adopted a Resolution to repeal Use Permit 87-84 for a 22 seat restaurant in the C-2 zoning district and Variance 87-63 for a Parking Adjustment of eight parking spaces: Planning Commission Meeting Minutes Tuesday, March 27, 2012 2  Planning Commission Minutes Tuesday, March 27, 2012 AYES: 5 COMMISSIONERS: Davis, Garden, Osorio, Stocker, Reed NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: McCrone, Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC APPEARANCE 5. Discussion with Assistant City Manager About Roles and Responsibilities Fred Cohn presented and made reference to the letter he sent to the Boards and Commissions regarding their roles and responsibilities. He recognizes that the letter would have been better received if he had presented it in person. Commissioner Stocker thanked Mr. Cohn for coming and said that staff is also staff to the Planning Commission (PC) by offering support and advice on Agenda items. He said the Commission represents the public and suggested the City Managers office (CMO) have an opportunity to disagree with Planning Commission recommendations in a section in the Council agenda report specifically dedicated to CMO comments. He also said it is not necessary for the Planning Commission to have an advocate attend the City Council meetings because staff can present the recommendation along with any disagreements of the decision by the CMO. Commissioner Osorio said staff deserves respect and he concurred with Commissioner Stocker regarding the CMO providing the staff with a written explanation of their opposition to a decision when presented to the City Council. Commissioner Garden said his letter gave the perception that the PC does not make final decisions and he clarified that the PC does indeed make final decisions and asked Mr. Cohn if he agreed. Mr. Cohn concurred. Commissioner Garden also made reference to the Mucky Duck item when the City Manager called a PC decision up for review with the City Council and asked where in the process is it appropriate for the City Manager to take such an action. Mr. Cohn said the Mucky Duck in particular was called for review by the City Manager because he thought it was necessary for the City Council to have their fingerprints on the topic and decision, but such an action is rare. Public Comment: Mike Dawson said he brought this issue up to the Architectural Review Committee and the overall consensus was they were not concerned with the content of the letter. COMMISSIONERS COMMENTS 6. Response to Commissioners’ Comments at the February 28, 2012 Meeting Report received.  Commissioner Davis asked staff for an update on the Occupy Monterey movement affecting the City Hall Steps. Ms. Cole informed the Commission that Planning Commission Meeting Minutes Tuesday, March 27, 2012 3  Planning Commission Minutes Tuesday, March 27, 2012 there will be a letter forthcoming on the ADA requirements that will affect the placement of the noticing cabinet.  Commissioner Garden asked for an update regarding the City Attorney's discovery of the invalid City Resolutions. Ms. Cole informed the Commission that the City Attorney will be submitting something in writing with more information. INFORMATIONAL REPORTS & STAFF COMMENTS 7. Planning Office Update Report received and reviewed.  Ms. Cole asked the Commission for a Mayor's Meeting Topic. After discussion, the Commission concurred that an update and timeline on the Specific Plans and Waterfront Plan would be appropriate.  Commissioner Stocker questioned if the Downtown Subcommittee has completed their work. Ms. Cole said there could possibly be one more meeting. The City Council will be considering the PC’s Transportation Study recommendation on April 3, 2012, with a goal to return to the Planning Commission with a draft final for the Downtown and North Fremont areas in spring. ADJOURNMENT There being no further business, the meeting adjourned at 4:56 P.M. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Managing Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, March 27, 2012 4