Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, May 22, 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 7:02 pm), Osorio, Stocker, Reed, Widmar Commissioners Absent: None Staff Members Present: Chief of Planning, Engineering, and Environmental Rerig, Principal Planner Cole, Senior Planner Ebbs, Senior Associate Planner Bennett, Recording Secretary Hanes CALL TO ORDER Chair Davis called the meeting to order at 7:00 pm. CONSENT ITEMS On a motion by Commissioner Widmar, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 6 COMMISSIONERS: Davis, Garden, McCrone, Osorio, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Stocker RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. May 8, 2012 ACTION: Approved as amended. Commissioner Osorio requested to have the vote on Item 2 corrected to reflect that he recused himself rather than abstained. Staff has made the appropriate corrections. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING Commissioner Osorio recused himself from Item 2. 2. Amend 1500 Mark Thomas Drive Use Permit 09-104 to Omit Requirement for Three- Party Agreement Regarding Airport Safety; Applicant City of Monterey (for Santa Catalina School); Owner Santa Catalina School (Exempt from CEQA).  Planning Commission Minutes Tuesday, May 22, 2012 ACTION: Adopted an amended Resolution amending Use Permit 09-104 to eliminate the requirement for a three-party agreement regarding airport safety. Staff Presentation/Commission Questions: Forrest Ebbs presented the Agenda Report and answered the Commissioners' questions. Applicant: None. Public Comment: Bill Sabo, Chairman of the Airport Land Use Commission (ALUC), said the MOU is not a requirement from the ALUC and if the applicant makes changes to Master Plans they should be consistent with ALUC policies. He also said that the aviation safety and noise component should not be dismissed and the ALUC does not object to abandoning the MOU. Commission Comments: Commissioner McCrone said the staff recommendation is appropriate and made a motion to adopt a Resolution amending Use Permit 09-104 to eliminate the requirement for a three-party agreement regarding airport safety. Commissioner Garden seconded the motion. Chair Davis questioned the verbiage in the Resolution pertaining to airport safety and Commissioner McCrone amended his motion to make changes to the Resolution that strike "..regarding airport safety,..." in the "NOW, THEREFORE,..." section and replace it with "..among the City, the airport and the school,...". Commissioner Garden concurred with the amendment. change Osorio to recused. On a motion by Commissioner McCrone, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission adopted an amended Resolution amending Use Permit 09-104 to eliminate the requirement for a three-party agreement regarding airport safety: AYES: 6 COMMISSIONERS: Davis, Garden, McCrone, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Osorio 3. Consider 479 Alvarado Street Six-Month Review of Use Permit 11-154; Applicant Anthony Buich; Owner William Stahl; C-2 Zoning District (Exempt from CEQA). ACTION: Adopted an amended Resolution approving revisions to an existing Use Permit based upon the operation of the business over the past 6- months. Staff Presentation/Commission Questions: Todd Bennett presented the Agenda Report and answered Commissioners' questions. Planning Commission Meeting Minutes Tuesday, May 22, 2012 2 Planning Commission Minutes Tuesday, May 22, 2012 Applicant: Anthony and Alex Buich were present. Anthony Buich said no noise complaints were made during the four out of seven approved late closing nights. After reviewing a report prepared by his CPA, the nights when the patio was allowed to stay open later showed that the patio is a significant revenue generator for the business. Alex Buich said a response was not drafted regarding the changes to the conditions because they are seeking a restriction free business. Anthony Buich said the customers have assisted in maintaining a safe environment and the addition of excellent staff at the front door has helped. He said they have implemented incentive programs that reinforce positive behavior from both the patrons of the business and staff. Because of proper training, they have recovered a significant number of fake ID’s. He also said many potential business opportunities have been lost because of the restrictions and they are waiting for bids for a remodel of the patio that would include strategic placement of speakers and addition of foam to muffle sound and eliminate noise issues. Alex Buich said they have researched noise canceling speakers but the cost is significant and more revenue is necessary to make such a purchase. Anthony Buich said live entertainment is their preference for music on the patio and requested the Commission allow them to run a restriction free patio that would have music ending at midnight. Alex Buich said the limitation of only being able to utilize the patio at later hours a certain number of days a year is very restricting and takes away from tourism. Anthony Buich said he has become very involved in the community and wants to see a thriving downtown. Alex Buich requested the Commission allow the patio to have music until midnight and address any issues that may arise as they happen. In answer to Commissioner Osorio’s question, the Buichs said Condition 3 is too restrictive and they again requested to have a restriction free patio with no limit on the amount of events they can host. They also said they agree the patio should have a restriction to end music by midnight on Friday and Saturday night and by 9:00 pm on weeknights. Public Comment: Jerry Anderson, Saucito Land Company, expressed concern about the music on the patio stating that sound travels to the neighbors and the property he manages adjacent to the business which is making it difficult to find renters for the units. He said he supports staff’s recommendation with the exception of the 2:00 am food service. In answer to Commissioner McCrone’s question Mr. Anderson agreed to the 9:00 pm closure on the patio on weeknights and suggested a 10:00 pm closure on Friday and Saturday night but said potential renters are concerned that the permit could be changed when it is up for review. In answer to Commissioner Garden’s question he said potential Planning Commission Meeting Minutes Tuesday, May 22, 2012 3 Planning Commission Minutes Tuesday, May 22, 2012 tenants are given an opportunity to visit the property in the evening hours so they are made aware of the potential sound issues. He also said the sound levels were tested a year ago that indicated the outdoor sound to be 70 decibals (db) or less and the inside registered at 65 db’s. In answer to Commissioner Osorio’s question he said no units are currently occupied but they expect to have a tenant move in on June 1, 2012 and the units in the front of the building are not affected by the sound. Kevin Pratt recently purchased the Trader Joe’s shopping center with a partner, Foothill Partners, and said he supports staff’s recommendations which allow the Mucky Duck an opportunity to operate the business in a relaxed, less restrictive environment. He suggested the Commission allow the owners an opportunity to try later hours of operation of music on the patio on weekends and also eliminate the restriction of only allowing a certain number of late night events per year. He also said his partner suggested an 11:00 pm limit of allowable music on the patio on Friday and Saturday night but stated that he disagrees and congratulated the Buich brothers on the new tone of the business that reflects a very controlled atmosphere. He suggested the Commission come up with a procedure to address issues as they arise. Jerry Anderson spoke again clarifying that the Saucito Land Company’s units have been on the market for rental for five weeks. Anthony Buich spoke again stating that signatures have been collected from people supporting an increased use of the patio. In answer to Commissioner Garden’s question Mr. Buich said a letter will be drafted to the Alcohol and Beverage Control (ABC) with their requests for changes to the license but casual conversations pertaining to this topic have been had with the ABC representative. Commission Comments: Commissioner Widmar asked staff if music is allowed on the patio until closing time as long as the noise does not exceed the allowable db in the Noise Ordinance. Mr. Bennett responded indicating that if the music prevents normal conversation it is restricted and considered live entertainment, but if it is background music there is no restriction. Commissioner McCrone asked staff if the conditions reference live entertainment. Ms. Cole read the current code description to the Commission. Commissioner Widmar said the Noise Ordinance should be looked at as a separate issue rather than attempting to layer interpretations. Commissioner McCrone asked staff for clarification on the acceptable db levels and Mr. Bennett responded indicating that 65 db at the property level is acceptable. Mr, Bennett added that the public has the right to call the Police Department (PD) with a noise complaint which will trigger a db reading which will validate or invalidate the complaint. Commissioner Stocker asked staff why future review of the permit is not being recommended and what amount of complaints is defined as not acceptable. Mr. Bennett said the permit will only come back for review if there are documented incidences as determined by the PD and there is not a set number of complaints rather it is a staff decision of what is unacceptable. Planning Commission Meeting Minutes Tuesday, May 22, 2012 4 Planning Commission Minutes Tuesday, May 22, 2012 Commissioner Stocker said he has no issues with the hours of operation but expressed concern about the concept of no restrictions for the music on the patio. He said a majority of the issues downtown have been music related and suggested the patio hours end at midnight on Friday and Saturday night and three day weekends, and 10:00 pm on weeknights. Commissioner McCrone said it is in the best interest of everyone that the business is profitable and agreed with expanding the hours of operation with exception of the hours on the patio. He said a mechanism needs to be built in to deal with the outdoor noise if it becomes a problem. He suggested the Commission accept staff’s recommendation to allow live entertainment on the patio until 9:00 pm on weekdays and amend the weekend hours to stay open until 11:00pm all year round and allow events throughout the summer. Additionally, the City of Monterey reserves the right to adjust hours of operation and other operating restrictions on the outdoor aspect of the business as it deems appropriate and that adjustment would include applying different decibal standards, the possibility of requiring sound proofing or sound attenuation measures as well as adjusting hours of operation. He said any adjustments made would be as a result of recommendations from staff because more than one complaint was made against the business. Commissioner Garden suggested Commissioner McCrone broaden the restriction that only allows live entertainment on the patio during the summertime because there are many other holidays and events that happen outside of the summer months. Commissioner McCrone said he would change the restriction to allow one event a month, nine months out of the year and from Memorial Day to Labor Day, the business could be open till midnight on Friday and Saturday night, 10:00 pm on weeknights during the summer months and 9:00 pm during the remaining nine months. He suggested the applicant consider soundproofing the wall/windows of the units owned by Mr. Anderson that are affected by the noise. Commissioner Osorio suggested the Commission be mindful that the City Council overturned the original recommendation made by the Planning Commission and said the hours of operation on the patio need to be considered carefully. Commissioner Stocker said new information is being reviewed and the Commission needs to make the best decision possible. Commissioner Reed concurred with Commissioner Stocker and said the goal is for a vibrant downtown and it is expected that there will be noise in the downtown area on Friday and Saturday night and suggested allowing 15 events a year. Commissioner Garden said he supports staff’s recommendations regarding the change in hours of operation except the hours of live entertainment on the patio that could be adjusted to allow the operator an opportunity to demonstrate that extended hours on the patio can be ran effectively without disturbance. He asked staff if the permit can be made a conditional Use Permit so that the Commission can have an opportunity to review the permit again. Mr. Bennett said this project is already a Conditional Use Permit and the Commission can modify the conditions as necessary and add a condition that would require the permit to come back to the Commission for review based on any requirements the Commission see’s necessary. Planning Commission Meeting Minutes Tuesday, May 22, 2012 5 Planning Commission Minutes Tuesday, May 22, 2012 Commissioner Widmar said he concurs with Commissioner Stocker’s recommendation adding that the business would also be allowed to stay open till midnight on the patio with live entertainment on a Sunday night that follows with a Holiday. He made a motion to adopt a Resolution approving the following revisions Condition 5c. to an existing Use Permit based upon the operation of the business over the past 6-months:  Condition 5c.: Allow live entertainment on the patio until 10:00 pm on weekdays and midnight on weekends and including Sundays that occur on Holiday weekends., with up to four annual one day events on the patio with live entertainment until 12:00 a.m. (midnight), with a list of those events submitted to the Planning Office by January 1 for the upcoming year. He encouraged the applicant to measure the sound levels at the business both interior and exterior and would like to see the permit back in six months for review. He suggested a baseline acceptable sound pressure level should be determined that meets the ordinance requirements and recommended that the music be lowered approximately 20% at a designated time. He clarified that the requirements for a six month review should be included in the motion. Commissioner Garden suggested adding to the motion that the changes to the Use Permit will not take effect until the ABC changes the conditions pertaining to hours of operation on the License and including that the review will take place six months after the new conditions take effect. Commissioner Widmar concurred and added it to the motion. Commissioner Garden seconded the motion. Staff asked the Commission for clarification on the motion and if Condition 5f. would be changed as follows:  Condition 5f.: Dancing shall be allowed on the patio until 10:00 pm weekdays, until midnight on weekends., and up to 12:00 a.m. on up to four one day events annually. Commissioner McCrone said he will not be supporting the motion because of the concerns and the volatility of a mixed use environment that is too sensitive to allow the patio to have no restrictions. He also does not see the need for a six month review and suggested the motion include a mechanism that is sufficient to call for a review by either party in the future for necessary adjustments. Commissioner Osorio said mixed use should be viewed on two levels; 1) the entire downtown, and 2) the effected issues are related to a couple of locations that include the mixed use project and the permit should come back for review when the adjacent projects are complete and not in six months. Commissioner Stocker suggested adding a recommendation made by Commissioner Reed and also include that Sundays that fall on a Holiday weekend are included in the change of the hours of operation. He said he concurs with the six month review and recommended adding additional reviews be scheduled once a year and not tie the permit to the ABC License. In answer to Commissioner Garden's question for clarification of the ABC condition pertaining to live entertainment on the patio, Mr. Bennett said the ABC has authority to place conditions on a business that serve or sell alcoholic beverages but if the Commission approves the motion the new conditions would take effect immediately. Planning Commission Meeting Minutes Tuesday, May 22, 2012 6 Planning Commission Minutes Tuesday, May 22, 2012 Commissioner Reed concurred with Commissioner Stocker's suggestion of a six month review and then a review once a year thereafter or longer if necessary. He said he is mainly concerned about the music on the patio rather than the inside, and suggested the review only be on the hours of operation of live entertainment on the patio. Commissioner Widmar clarified that his motion included the entire permit. Commissioner Reed said a review is not happening with any other similar establishment. Chair Davis asked staff for clarification of the City Council's decision on Live Entertainment and if it was understood that the decision was up for possible reconsideration at the six month review or was it a greater policy decision for Live Entertainment downtown. Ms. Cole said the decision was specific to the business as a result of the nuisance proceedings in relationship to the business. In answer to Commissioner Garden's question, Ms. Cole confirmed that the City Council wrote a letter to the ABC indicating that the City recognizes the new owners and their performance. It also addressed the fact that the Planning Commission would be considering the Use Permit and they may recommend relaxed Conditions of Approval. A copy of the letter was included in the packet. Chair Davis asked when the Downtown Specific Plan will be completed and is concerned that approvals are being made that pertain to a plan that has not been approved yet. He suggested adding to the Downtown Specific Plan a discussion pertaining to Live Entertainment restrictions in the downtown area. Ms Cole said the Mucky Duck should be held accountable to the current laws that are set in place today and decisions on future regulations is a discussion that will be had in the future. Commissioner Osorio said he supports the motion based on the fact that business owners are being recognized for their efforts and choosing to come to Monterey and be a critical player in setting up the stage for the mixed use in downtown. Commissioner Davis said he concurs with the motion but is concerned that the vision for downtown is not complete and the decision being made is too big of a step. Commissioner Widmar questioned the closing time on holidays. Commissioner McCrone expressed concern about later holiday times for any holiday. The Commission reviewed amended conditions adding live entertainment and dancing until midnight on holidays. On a motion by Commissioner Widmar, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission adopted an amended Resolution approving revisions to an existing Use Permit based upon the operation of the business over the past 6-months.  Condition 5c.: Allow live entertainment on the patio until 10:00 p.m. on weekdays and 12:00 a.m. on weekends and holidays. with up to four annual one day events on the patio with live entertainment until 12:00 a.m. (midnight), with a list of those events submitted to the Planning Office by January 1 for the upcoming year. Planning Commission Meeting Minutes Tuesday, May 22, 2012 7  Planning Commission Minutes Tuesday, May 22, 2012  Condition 5f.: Dancing shall be allowed on the patio until 10:00 p.m. weekdays and 12:00 a.m. on weekends and holidays. and up to 12:00 a.m. on up to four one day events annually.  Added Condition 5h.: A six month review period (November 2012). AYES: 5 COMMISSIONERS: Garden, Osorio, Stocker, Reed, Widmar NOES: 2 COMMISSIONERS: Davis, McCrone ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Chair Davis called for a five minutes recess at 8:53 pm. Reconvened at 9:00 pm. 4. Recommend that the City Council Amend Monterey City Code Section 38-165.A., Procedures to be Followed Upon Granting of Permit Applications; (Exempt from CEQA Requirements). ACTION: Adopted a Resolution recommending that the City Council adopt an Ordinance to amend Monterey City Code Section 38-165.A. to eliminate the requirement for applicant signature on approved permits. Public Comments: None. Commission Comments: Commissioner Osorio inquired about the letter submitted by Sharon Dwight. Mr. Ebbs said changing the title is proposed for clarification. Commissioner McCrone made a motion to adopt a Resolution recommending that the City Council adopt an Ordinance to amend Monterey City Code Section 38-165.A. to eliminate the requirement for applicant signature on approved permits. Commissioner Widmar seconded the motion. On a motion by Commissioner McCrone, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission adopted a Resolution recommending that the City Council adopt an Ordinance to amend Monterey City Code Section 38-165.A. to eliminate the requirement for applicant signature on approved permits: 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 Planning Commission Meeting Minutes Tuesday, May 22, 2012 8  Planning Commission Minutes Tuesday, May 22, 2012 COMMISSIONERS COMMENTS 5. Response to Commissioners’ Comments at the May 8, 2012 Meeting. Report received. New Comments:  Commissioner McCrone asked for an update on the rental situation at the Dry Boat Storage area.  Commissioner Widmar and Chair Davis informed the Commission they will not be in attendance at the June 12, 2012 meeting. INFORMATIONAL REPORTS & STAFF COMMENTS 6. Planning Office Update Report received and reviewed. No new comments. ADJOURNMENT There being no further business, the meeting adjourned at 9:03 P.M. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Managing Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, May 22, 2012 9