Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, July 24, 2012 AFTERNOON SESSION ONLY 4:00 pm - 5:30 pm FEW MEMORIAL HALLS OF RECORDS, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Garden, McCrone, Stocker, Reed, Widmar Commissioners Absent: Davis, Osorio Staff Members Present: Chief of Planning, Engineering, and Environmental Compliance Rerig, Principal Planner Cole, Recording Secretary Hanes, Police Chief Penko, Police Lieutenant Jackson, City Attorney Davi CALL TO ORDER Vice Chair Garden called the meeting order at 4:01 pm. CONSENT ITEMS On a motion by Commissioner Widmar, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 5 COMMISSIONERS: Garden, McCrone, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Davis, Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. July 10, 2012 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. Amend Resolution P12-016 for 180 E. Franklin Street; Application 12-170 to Reopen and Modify Use Permit 04-261 and Revise Conditions of Approval; Applicant Dennis Barwick; Owner Bruno/Marotta Franklin Street; PC Zoning District; Exempt from CEQA Requirements. ACTION: Continued the item to reconsider the vote from the July 10, 2012 meeting. Planning Commission Minutes Tuesday, July 24, 2012 Staff Presentation/Commission Questions: Kim Cole and Chief Penko presented the Agenda Report and along with City Attorney Davi, answered Commissioners' questions. Applicant: Dennis Barwick responded to a comment made by Chief Penko regarding an issue that occurred over the weekend indicating that the incident happened outside of the building while the business was performing closing procedures inside the building. When staff became aware of the incident, they attempted to contact the Police. He said staff has been on constant patrol over the past few months and he has spent over $40,000.00 to implement the safety measures suggested by staff and expressed concern that the restrictions proposed will make it impossible to pay for the changes. He asked the Commission make note of his efforts to improve the business and that there have been minimal issues for the City to respond to over the past 60 days. He requested the conditions not be reconsidered. He also said his establishment is unfairly singled out from other similar establishments and suggested a study be performed comparing other venues with the Lux that will show nothing out of the ordinary is occurring. Mr. Barwick requested an opportunity to implement the changes that have been put into place. In answer to Commissioner Widmar’s question he said the video requested by the Police Department is still being extracted and will be turned over to the Police when available. Public Comment: None. Commission Comments: Commissioner Garden made a motion to continue the item to allow the Planning Commission an opportunity to reconsider the Use Permit for the issues involved with the conditions and to consider possible revocation of the permit. Commissioner Widmar clarified the options available for the motion which do not include consideration of a revocation. Commissioner Garden withdrew his motion and made a new motion to continue the item and reconsider the vote from the last meeting. Commissioner Reed seconded the motion and said safety is of the utmost importance in the City of Monterey and it appears that at times, the majority of Monterey Police resources are located at the Lux therefore pulling them from patrolling other parts of the City. He also said more information is needed and a continuance will allow staff time to provide the Commission with this information. Commissioner McCrone said the Use Permit should not be reconsidered and the owner should be allowed an opportunity to work with the new restrictions as indicated on the proposed conditions. Commissioner Stocker said the Use Permit conditions should be reconsidered and the Commission should not ignore the Police reports indicating the concerns and issues with the Lux. Planning Commission Meeting Minutes Tuesday, July 24, 2012 2  Planning Commission Minutes Tuesday, July 24, 2012 On a motion by Commissioner Garden, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission continued the item to reconsider the vote from the July 10, 2012 meeting.: AYES: 4 COMMISSIONERS: Garden, Stocker, Reed, Widmar NOES: 1 COMMISSIONERS: McCrone ABSENT: 2 COMMISSIONERS: Davis, Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ACTION: Directed staff to include all parameters that would allow revocation of the Use Permit when the item is returned to the Planning Commission and also include details of performance from other similar establishments. Commissioner Stocker seconded the motion. Commissioner Garden made a motion to direct staff to include all parameters that would allow revocation of the Use Permit when the item is returned to the Planning Commission and also include details of performance from other similar establishments. Commissioner Stocker seconded the motion. Commissioner Widmar requested that staff provide the Commission with all information available for the item and would like a clear presentation on the specific options that are available. Commissioner McCrone said he will not support the motion and revocation should not be considered on this business especially after the operator has invested money to make changes as suggested by staff. He also said the Resolution should set forth the rules as of today. On a motion by Commissioner Garden, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission directed staff to include all parameters that would allow revocation of the Use Permit when the item is returned to the Planning Commission and also include details of performance from other similar establishments: AYES: 4 COMMISSIONERS: Garden, Stocker, Reed, Widmar NOES: 1 COMMISSIONERS: McCrone ABSENT: 2 COMMISSIONERS: Davis, Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC APPEARANCE 3. Annual Election of Officers and Appointments to Subcommittees ACTION: Appointed Commissioner Garden as the Commission Chair and Commissioner McCrone as the Vice-Chair and confirmed Subcommittee appointments for Fiscal Year 2012-2013. Staff Presentation/Commission Questions: Kim Cole presented the Agenda Report and answered Commissioners' questions. Planning Commission Meeting Minutes Tuesday, July 24, 2012 3  Planning Commission Minutes Tuesday, July 24, 2012 Public Comment: None. Commission Comment: Commissioner Garden accepted the position of Chair and Commissioner McCrone accepted the position of next Vice Chair. Commissioner Reed informed staff that he would serve on any appropriate subcommittee. Commissioner Stocker made note that the subcommittees that fall under the titles of Chair and Vice Chair will need to be appointed to the new Chair and Vice Chair and made a motion to appoint Commissioner Garden as the Commission Chair and Commissioner McCrone as the Vice-Chair and confirmed Subcommittee appointments for Fiscal Year 2012-2013. Commissioner McCrone seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission appointed Commissioner Garden as the Commission Chair and Commissioner McCrone as the Vice-Chair and confirmed Subcommittee appointments for Fiscal Year 2012-2013.: AYES: 5 COMMISSIONERS: Garden, McCrone, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Davis, Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS 4. Response to Commissioners’ Comments at the July 10, 2012 Meeting Report received. There were no new comments. INFORMATIONAL REPORTS & STAFF COMMENTS 5. Planning Office Update Report received and reviewed.  Commissioner McCrone asked for an update on the North Fremont Plan and for clarification on the changing of the Visitor Accommodation Facilities (VAF) and the density. Ms. Cole said the draft text document is available on the City’s website and a completed draft will be presented to the Commission soon and gave a brief description of the changes to the VAF properties.  Commissioner Garden thanked Chair Davis for his leadership over the past year and requested the Commission inform him as the new Chair of any issues that need to be addressed with staff. Planning Commission Meeting Minutes Tuesday, July 24, 2012 4 Planning Commission Minutes Tuesday, July 24, 2012 ADJOURNMENT There being no further business, the meeting adjourned at 4:51 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Managing Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, July 24, 2012 5