Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, June 26, 2012 Evening Session Only 7:00 pm - 11:00 pm FEW MEMORIAL HALLS OF RECORDS, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Davis, Garden, McCrone, Osorio, Stocker, Reed, Widmar Commissioners Absent: None Staff Members Present: Chief of Planning, Engineering, and Environmental Compliance Rerig, Principal Planner Cole, Senior Planner Ebbs, Recording Secretary Hanes CALL TO ORDER Chair Davis called the meeting to order at 7:04 pm. CONSENT ITEMS On a motion by Commissioner McCrone, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS 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 tabling 150 Mar Vista Drive; Application 12-105 to re-open Use Permit to Allow the Development of an Outdoor Seating Area; Applicant Cynthia Buhl and Joseph Guerra; Owner Monterey Elks Lodge; Exempt from CEQA. ACTION: Tabled. Approval of Minutes 2. May 22, 2012 (Continued from June 12, 2012 meeting) ACTION: Approved as submitted. 3. June 12, 2012 ACTION: Approved as submitted. Commissioner Widmar and Osorio abstained. ***End of Consent Agenda*** PUBLIC COMMENTS None.  Planning Commission Minutes Tuesday, June 26, 2012 PUBLIC HEARING 4. Reopen and Reconsider Terms of Use Permit 04-132 for a Personal Improvement Service at 2024 Del Monte Avenue, Suite C (Jump-N-Around); Permit Holder Chris Evans; Owner William Hammonds; Exempt from CEQA. ACTION: Continued the item to provide the business owner an opportunity to attend the meeting and staff time to amend the Resolution as suggested. Staff Presentation/Commission Questions: Forrest Ebbs presented the Agenda Report and answered Commissioners' questions. Property Owner: Not present. Public Comments: Gordon Smith, Helvic resident, said the base in the music is what is causing the noise problems and made mention of a letter he submitted at the meeting specifically requesting the "booming music" not occur anymore. He said he has contacted the business when the music is at an unacceptable level that resonates a louder sound inside his home, and requested the base or volume be lowered but there has not been an attempt by the owner to work with the neighborhood. He also said the hours of operation should be modified to 9:00 pm closure on Fridays, Monday through Thursday and Saturday hours remain as is and Sundays close at 6:00 pm. He made notice that the owner of the business was not present at the meeting. In answer to Commission Garden's question, he said he has never made a written complaint and is not part of the eight documented complaints, but has spoken with the Planning Office about his concerns on several occasions both in person and over the phone. Maren Dinsmore said the noise issues is a big problem in the neighborhood and the business is not adhering to the conditions pertaining to the hours of operation and amplified music. She said she has small children that cannot sleep because of the music and she also calls the business when the music reaches an unacceptable level to request that it be turned down, but her requests are not acted upon and the business is open much past the approved hours of operation. She also said the owner is aware of the concerns of the neighborhood and has informed us that he will address the problems but does not follow through. She said the regular sound system that the business uses has no disruption to the neighborhood but the DJ music is very disturbing and has caused her to call the Police Department to address the issue. In answer to Commissioner Garden's question she said she can hear the sound outside of her house in certain areas of the property, but the base causes a loud booming inside of her home. Jason Mass Baldwin said he cannot sleep when the music is loud and the walls of the building can be heard shaking from the base. He thanked staff for addressing the concerns and encouraged the Commission to make a decision that will get a message across to the owner that not abiding by the conditions of the permit is unacceptable. In answer to Commissioner Garden's question he said the noise is more significant inside his home and reduces as he walks outside. Planning Commission Meeting Minutes Tuesday, June 26, 2012 2 Planning Commission Minutes Tuesday, June 26, 2012 Commission Comments: Forrest Ebbs suggested continuing the item to allow the applicant an opportunity to attend the meeting. Commissioner McCrone said action should be taken at the meeting and suggested no changes to staff's recommendation unless the owner is notified of the expected changes. He said the Use Permit should have language indicating the material restrictions that effect how a business is operated and it is important the business is not allowed to have live entertainment. He made a motion to adopt a Resolution modifying the existing Use Permit with a mathematical calculation correction in a “Whereas” section of the Resolution pertaining to Occupancy. Commissioner Widmar seconded the motion and suggested the owner review the rules closely with any future booked events to assure they adhere to the conditions with close attention to the live entertainment guidelines. Commissioner Reed said the owner is already in violation of the current Use Permit with not adhering to the approved hours of operation. Commissioner Widmar said there should be more severe action taken when issues of not complying with the conditions of the Use Permit arise. Commissioner Reed suggested the permit come back to the Commission for review in six months. Commissioner Widmar concurred. Commissioner Osorio said the suggestions from the neighbors to change the hours should have been considered as an amendment to the permit. Commissioner McCrone said the item should be continued if there are going to be any changes to the conditions. Commissioner Osorio said appropriate changes should be made to the conditions and it should be the owners responsibility to appeal any decisions. He concurred that the item should be continued. Kim Cole suggested continuing the item to allow the owner another opportunity to be present at the meeting. Commissioner Stocker suggested adding the option to revoke the permit. Chair Davis recognized staff's recommendation to continue the item. Commissioner McCrone concurred with staff's recommendation and withdrew his motion and made a motion to continue the item to provide the business owner an opportunity to attend the meeting and staff time to amend the Resolution to fix the mathematical calculation correction in the "Whereas" section that pertains to Occupancy. Commissioner Widmar seconded the motion. In answer to Commissioner Garden's question, Ms. Cole clarified that the project could be continued and re-noticed as a reopened permit and possible revocation. Planning Commission Meeting Minutes Tuesday, June 26, 2012 3  Planning Commission Minutes Tuesday, June 26, 2012 Commissioner Reed suggested adding possible revocation as part of motion. The Commission concurred to let staff decide on the wording for the item. On a motion by Commissioner McCrone, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission continued the item to provide the business owner an opportunity to attend the meeting and staff time to amend the Resolution as suggested: AYES: 6 COMMISSIONERS: Davis, Garden, McCrone, Osorio, Reed, Widmar NOES: 1 COMMISSIONERS: Stocker ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS 5. Response to Commissioners' Comments at the June 12, 2012 Meeting. Report received. New Comments:  Commissioner Osorio said he will not be able to attend the July 2012 meetings.  Commissioner Widmar informed the Commission that Virginia Frye had passed away and made a special mention of her incredible contributions to the City of Monterey.  Commissioner McCrone asked staff about the update on the Dry Boat Storage. INFORMATIONAL REPORTS & STAFF COMMENTS 6. Planning Office Update Report received and reviewed.  Ms. Cole presented the Commission with a timeline of the Master Plans and Specific Plans indicating what has been completed and the expected completion of current and future projects. Commissioner Garden suggested adding a timeline for public forums that would include a Town Hall meeting. Ms. Cole said a timeline for additional public meetings can be discussed once the Financial section is complete. Commissioner Osorio suggested determining how many more meetings will take place before the item is sent to the City Council for approval. Chair Davis said the document is in the final draft stages and there is no need to revisit the topics. Commissioner Stocker concurred and said there is no need for another series of meetings, but suggested one final meeting be announced to inform the public. Planning Commission Meeting Minutes Tuesday, June 26, 2012 4 Planning Commission Minutes Tuesday, June 26, 2012 ADJOURNMENT There being no further business, the meeting adjourned at 8:30 P.M. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Managing Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, June 26, 2012 5