Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, July 10, 2012 4:00 pm - 5:30 pm 7:00 pm - 11:00 pm FEW MEMORIAL HALLS OF RECORDS COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Davis, Garden, McCrone, Stocker, Reed, Widmar Commissioners Absent: Osorio Staff Members Present: Chief of Planning, Engineering, and Environmental Compliance Rerig, Principal Planner Cole, Senior Planner Ebbs, Senior Associate Planner Bennett, Recording Secretary Hanes, Police Lieutenant Jackson (Arrived at 7:00 pm), City Attorney Davi (Arrived at 7:00 pm) CALL TO ORDER Chair Davis called the meeting to order at 4:02 pm. CONSENT ITEMS On a motion by Commissioner McCrone, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 6 COMMISSIONERS: Davis, Garden, McCrone, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. June 26, 2012 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. 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. (Continued from June 26, 2012 Meeting). ACTION: Adopted a Resolution modifying Use Permit 04-132 with amended Conditions of Approval. Planning Commission Minutes Tuesday, July 10, 2012 Staff Presentation/Commission Questions: Forrest Ebbs presented the Agenda Report and answered Commissioners' questions. Applicant: Chris Evans said he apologized for not attending the previous Planning Commission meeting and informed the Commission that he was not aware of the meeting. He said he has never intended to disrespect the neighbors and was not aware that a DJ was considered “live music” until he received a letter last year informing him of complaints. He also said he does not get enough business from the younger group parties and has had to add older parties that are more desired in the evening hours. He said the parking requirement was originally based on the Skating Arena’s peak hours of operation, and with the closing of the arena and opening of the Fresh and Easy, he thinks the peak hours will change. He also said the amount of children allowed in the building does not affect parking because the majority of partygoers do not drive and are carpooled and requested the Commission allow 50-75 people in the business. He addressed the concern about noise, apologizing for the problem, and informed the Commission that alcohol was at one time allowed at parties and could have contributed to the noise problems, but is not allowed anymore. He asked the Commission if he could have professional speakers installed with amplifiers that were approved by the City, and allow DJ’s to plug into the approved system. He also asked the Commission for no additional limits to hours and that they remain as is with additional hours of operation on Sunday allowing the business to stay open until 10:00 pm to accommodate the requests for Sunday events. In answer to Commissioner Garden’s questions, Mr. Evans said the peak hours of operation depend on the day and season but typically on the weekend there are 10 parties and from June to August there are only four parties with the most popular party time being 10:00 am with four-seven year olds. He said the larger parties start at 4:00 pm because they are designed to run for three hours where a smaller more typical party runs for an hour and a half. He also said a maximum capacity of 46 people is not enough and DJ’s bring better music variety and special lighting to parties. Public Comment: Gordon Smith said the business should be following the conditions of the original Use Permit and recommended extending the hours of operation on Fridays to stay open until 9:00 pm and reduce the hours on Sunday to close by 6:00 pm. He expressed concern about the music coming from the business and requested that DJ music not be allowed because it was not part of the original Use Permit. He also expressed concern that the owner has been unresponsive to resolve the noise issues from the complaints that have been made for the past four years. In answer to Commissioner McCrone’s question, Mr. Smith said the number of people allowed in the business does not affect the noise but the music is a nuisance and suggested implementing a better parking strategy for the shared parking lot. Commission Comments: Commissioner Widmar asked staff if the Fire Department reviewed the project for maximum occupancy numbers. Mr. Ebbs responded stating that the numbers indicated on the Permit were determined based on the parking shortage and the Fire Department was consulted and said there is capacity for well above the permitted number allowed. Chair Davis offered Mr. Evans an opportunity to comment. Planning Commission Meeting Minutes Tuesday, July 10, 2012 2 Planning Commission Minutes Tuesday, July 10, 2012 Chris Evans said in response to Gordon Smith’s comments that the problem has only been with a few events with DJs and he has been in business for eight years and admitted that he has not followed the condition pertaining to the maximum number allowed. He also said the larger parties with more people have not affected the adjoining businesses and many of the older party-goers get dropped off and therefore no parking space is taken. Commissioner Reed said Mr. Evans should go through the appropriate process to change the conditions of his Use Permit to accommodate his requests and the Resolution should be approved as proposed. Mr. Ebbs clarified that the intention of the meeting was to clarify the conditions of the Use Permit and remind the owner of the terms. He said Mr. Evans could choose to apply to change the conditions of his permit and that would be presented at a future properly noticed meeting. Commissioner Garden said there are unresolved issues with parking in the shared parking lot that need to be addressed. Mr. Ebbs said Fresh and Easy will be coming back to the Commission with a report that will indicate the parking demands in real world time. In answer to Commissioner Garden’s question, Mr. Ebbs said it would take Mr. Evans approximately four to six weeks to process a request to change his Use Permit, but there might be additional requirements specifically related to the parking. Commissioner Reed added that the Permit should come back in six months for review and made a motion to adopt a Resolution modifying Use Permit 04-132 and add a condition that it comes back in six months for review and change the wording in condition #9 as follows: If at any time any of these conditions are violated, or the children’s gymnastics play and party use creates a public nuisance, the Use Permit may be reopened. Commissioner Garden seconded the motion. Commissioner McCrone said there are two problems; 1) music is creating a nuisance and could possibly be considered if the business can operate with zero complaints and if there was a way to install house speakers that do not disturb the neighborhood, and 2) there is no evidence that indicates that the number of people allowed in the building will impact anything other than the parking lot which is still under review with the addition of Fresh and Easy. He concurred that a six month review is appropriate to allow Mr. Evans an opportunity to install a speaker system that does not disrupt the neighbors and suggested the Commission consider increasing the capacity to 60 people. Commissioner Stocker said the permit is up for review because neighbors are complaining about an ongoing problem with the noise and the number of people allowed in the business is not the issue but the parking does need to be addressed. He said he has some concern about parties that consist of people of driving age that will take up the parking spaces and also the alcohol that was allowed at parties without the knowledge of the Alcohol and Beverage Control (ABC). He also said it is the responsibility of the business owner to get the agreement of the neighbors that noise is no longer an issue and the Commission should not say yes to a DJ at this point because there is no way to prove that no nuisance is possible. He said he is in favor of the motion and it is the responsibility of the business owner to come back to the Commission with requested changes to the Use Permit. Planning Commission Meeting Minutes Tuesday, July 10, 2012 3  Planning Commission Minutes Tuesday, July 10, 2012 Commissioner Widmar said the Commission should address the issue of nuisance and the neighborhood input should be included during the testing of sound. He said he supports the motion but has concerns that the conditions may be violated again. Commissioner Garden said an assumption should not be made that the owner will violate the conditions rather the owner should be expected to apply for changes after appropriate studies have been performed. Chair Davis said he concurs with Commissioner McCrone about the number of people allowed in the building and that the there is potential that a sound system could be configured that would work, but changes to the Use Permit should be applied for by the owner. He also agreed that the permit should come back in six months for a review. Commissioner Reed clarified his motion to amend condition #6 allowing the business to stay open Friday through Sunday from 9:00 am to 9:00 pm. Commissioner Garden concurred with the change. Chair Davis asked for clarification regarding the number of people allowed in the business. Mr. Ebbs said there is only data that supports allowing 46 in the building at this time. On a motion by Commissioner Reed, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission adopted a Resolution modifying Use Permit 04-132 with amended Conditions of Approval: AYES: 6 COMMISSIONERS: Davis, Garden, McCrone, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC APPEARANCE 3. Approve Resolution – Capital Improvement Program (CIP) - Determining the Projects Consistent with the City of Monterey General Plan, Neighborhood Plans, Area Plans, and Coastal Plans (807-02) ACTION: Adopted a Resolution recommending the 2012/2013 Capital Improvement Program (CIP) conforms to the General Plan, Neighborhood Plans, Area Plans and Coastal Plans. Staff Presentation/Commission Questions: Kim Cole presented the Agenda Report and answered Commissioners' questions. Public Comments: None. Commission Comments: Commissioner McCrone made a motion to adopt a Resolution recommending the 2012/2013 Capital Improvement Program (CIP) conforms to the General Plan, Neighborhood Plans, Area Plans and Coastal Plans. Commissioner Widmar seconded the motion. Planning Commission Meeting Minutes Tuesday, July 10, 2012 4  Planning Commission Minutes Tuesday, July 10, 2012 On a motion by Commissioner McCrone, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission adopted a Resolution recommending the 2012/2013 Capital Improvement Program (CIP) conforms to the General Plan, Neighborhood Plans, Area Plans and Coastal Plans: AYES: 6 COMMISSIONERS: Davis, Garden, McCrone, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Adjourned at 5:23 pm. Reconvened at 7:02 pm. CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING 4. Consider 180 E Franklin; Application 12-170 to Reopen and Modify Use Permit 04- 261; Applicant Dennis Barwick; Owner Bruno/Marotta Franklin Street; PC Zoning District; Exempt from CEQA Requirements. ACTION: Approved amended Conditions of Approval for Use Permit 04-261 and directed staff to bring back the Final Resolution for review and approval following City Attorney review. Staff Presentation/Commission Questions: Kim Cole and Todd Bennett presented the Agenda Report and along with Lt. Jeff Jackson, answered Commissioners' questions. Applicant: Dennis Barwick said he admitted that when he met with the City last year he was not aware of the extent of the issues surrounding the business and apologized. He said the majority of the incidents occurred after the business was closing and exiting patrons and because his focus was on the actions inside the establishment, he did not address the actions occurring outside. He also said he has complied with all suggested changes from staff and expressed concerns surrounding the change to the hours of operation that will affect his business negatively. He requested the Commission allow him an opportunity to run the business with the changes implemented and admitted he was unaware that what happens within 20 feet of the business is his responsibility. He said he has never had a written violation from the Monterey County, ABC, Monterey Fire or Monterey Police Department and again requested the opportunity to work with the changes made as suggested by staff. In answer to Commissioner Garden’s question’s, Mr. Barwick said between 12:30 am and 1:30 am, the majority of the business-goers are dancing to DJ music only while others are visiting or watching the sports on the televisions. He also indicated that his staff has now been trained to identify when someone has had enough to drink or when they need to be escorted out of the business. Planning Commission Meeting Minutes Tuesday, July 10, 2012 5 Planning Commission Minutes Tuesday, July 10, 2012 In answer to Commissioner McCrone’s question he said the DJ music starts between 9:00 pm and 11:00 pm depending on when the business picks up and runs until 1:30 am. Commissioner Widmar asked why the Police Department had not received a copy of a tape they requested from an incident outside the business. MR. Barwick said he recently switched over his security recording system and his technician was working on locating the video requested. Public Comments: Uwe Grobecker questioned why similar establishments on Cannery Row do not have the same restrictions as the businesses in the Downtown area. He said the Downtown businesses need a clear understanding of the expectations of the City and considering Monterey’s incident record is better than other cities with similar demographics. He expressed concern that businesses will not survive if the City moves in the current direction. Mike Bruno, co-owner of the property with the Marotta Family, said it is important to keep a safe environment downtown but expressed concern about the negative publicity the Downtown District is getting and it would benefit everyone if a reasonable conclusion was reached. He also said Mr. Barwick should be given an opportunity to prove that the changes made have changed the business and suggested the Commission not request a six month review. He expressed concern that because the business problems cause restrictions to stay with the property, it is making it difficult as a property owner to find tenants that will accept the restrictions. Commission Comments: Commissioner Garden asked staff if there are any other dance clubs in the City of Monterey that will accommodate 250-300 people at night. Todd Bennett responded indicating that the Blue Finn on Cannery Row and former Hippodrome had similar occupancies and the Blue Finn is allowed to stay open past 1:00 am. In answer to Commissioner McCrone’s question, Lt. Jackson said the most recent incident occurred inside the business and four arrests were made as well as an incident in April that resulted in three arrests for battery. He said the business is responsible for the space that is 20 feet outside the entrance of their business and the building has three entrances. In answer to Commissioner McCrone’s question, Lt. Jackson said The Lux security should not be engaging in activity in the East Garage or the Bank of America parking lot and that responsibility lies with the Monterey Police Department. Mr. Bennett also answered Commissioner McCrone’s question clarifying that The Lux staff should be able to identify when a situation is escalating to a level that requires the involvement of PD as indicated in condition #14. Commissioner Stocker asked about the different restrictions for the business in the Cannery Row area and how they compare to the businesses in Downtown specifically regarding the violence. Lt. Jackson responded that in the past the Blue Finn had significant issues with injuries to Police Officers, staff, and patrons, but the issues have been resolved because the owner was required to implement new safety requirements. Ms. Cole clarified that the Blue Finn had parts of their permit revoked for a period of time and were placed on six month review periods as a result of the incidents. She also said the Mucky Duck has had similar issues that have since been resolved because of Planning Commission Meeting Minutes Tuesday, July 10, 2012 6 Planning Commission Minutes Tuesday, July 10, 2012 corrective measures. Chair Davis clarified that existing bars and clubs that do not have Use Permits and are free of incidents will not have similar restrictive measures placed on the business. Commissioner Garden addressed the hours of operation and asked Lt. Jackson if staggering the closing hours of establishments that serve alcohol is still being advised by the Police Department. Lt. Jackson said the earlier closing hours were discussed during a training session with RHI (Responsible Hospitality Institute). RHI reported that staggered hours have a positive impact on the area by providing a safer environment. Commissioner Stocker said the Commission wants a vibrant business downtown that the Police Department does not have to respond to on a constant basis. The responsibility of creating a safe business lies with the business owner. In this case, the business owner is not fulfilling this requirement. He concurs with the recommendations from staff and the added requirement that the business come back in six months for review. Commissioner McCrone responded to Mr. Bruno’s concern about being the landlord of a business with problems and said that as the landlord you are responsible for the behavior of your tenant and this issue can be controlled through the lease. He said the operators of establishments should communicate with each other about problem people to help alleviate the danger. He concurred with the six month review and said considering the owner has implemented appropriate training and security measures, the hours should only be reduced by a half an hour to allow an opportunity to run the business successfully with the changes. He said the Resolution should be amended to include additional information as Exhibits rather than the body of the Resolution as currently proposed. Commissioner Reed concurred with Commissioner McCrone and said the owner should be given an opportunity to demonstrate that the changes implemented can provide for a safely ran business and he supports the suggested half an hour penalty and six month review. Commissioner McCrone made a motion to approve amended conditions of Approval for Use Permit 04-261 with a change to condition #16 as follows: 16. Hours of Operation: a. Close all entry doors by 12:00 AM (midnight) 1:30 AM b. Stop sales of all alcoholic beverage by 12:00 AM (midnight) 1:00 AM c. Music shall stop by 11:30 PM 1:30 AM nightly d. Business shall close by 12:30 AM 1:30 AM nightly, and that staff will rework the Resolution and bring it back to the Commission for review and approval to also include a six month review. Chair Davis clarified that the City Attorney will need to review the Resolution. Commissioner McCrone amended his motion to include review of the Resolution by the City Attorney prior to Planning Commission review. Commissioner Reed seconded the motion. Planning Commission Meeting Minutes Tuesday, July 10, 2012 7  Planning Commission Minutes Tuesday, July 10, 2012 On a motion by Commissioner McCrone, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission approved amended Conditions of Approval for Use Permit 04-261 and directed staff to bring back the Final Resolution for review and approval following City Attorney review: AYES: 5 COMMISSIONERS: Davis, Garden, McCrone, Reed, Widmar NOES: 1 COMMISSIONERS: Stocker ABSENT: 1 COMMISSIONERS: Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS 5. Response to Commissioners’ Comments at the June 26, 2012, Meeting (701-03) Report received. New Comments:  Commissioner McCrone asked staff for an update on the passenger depot parking lot. Ms. Cole said the lot is currently striped as a parking lot where people pay for spaces to park. She said Wayne Dalton has been informaly working with people parking in the lot asking that they park in another location, but there is no adopted City policy restricting the vehicles that park in the lot. Commissioner McCrone suggested possibly agendizing this issue to address the vehicles that are parking in the lot. He also asked staff about information he read in the City Council minutes pertaining to a subcommittee that is to be appointed with Planning Commissioner's for the Fort Ord Land Development.  Commissioner Garden asked staff for a timeline for the Specific Plans and Master Plans, specifically detailing when the Subcommittee's will be meeting before the item is presented to the City Council. INFORMATIONAL REPORTS & STAFF COMMENTS 6. Planning Office Update (701-03) Report received and reviewed.  Ms. Cole informed the Commission that Forrest Ebbs has been working on the Zoning Ordinance Amendments necessary for the Specific Plans, and requested a Subcommittee from the Planning Commission be appointed to review the amendments and provide staff quidance moving forward. Commissioner Garden, Chair Davis and Commissioner Reed volunteered for the Subcommittee.  Ms. Cole asked the Commission for a topic for the upcoming Mayor's Meeting and suggested the Waterfront Parking Lot. Commissioner Widmar suggested a topic pertaining to establishing a closing time for alcohol serving establishments in the Downtown area. Commissioner Garden said such a topic should be covered in the Specific Plan and after a discussion amongst the Commission, it Planning Commission Meeting Minutes Tuesday, July 10, 2012 8 Planning Commission Minutes Tuesday, July 10, 2012 was decided that hours of operation should not be a topic. Commissioner Garden made another suggestion for the topic to be the timeline for completion of the Specific and Master Plans. The Commission concurred. ADJOURNMENT There being no further business, the meeting adjourned at 9:30 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Managing Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, July 10, 2012 9