Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, October 23, 2012 4:00 pm – 5:30 pm 7:00 pm – 11:00 pm FEW MEMORIAL HALL OF RECORDS, COUNCIL CHAMBERS, MONTEREY, CALIFORNIA Commissioners Present: McCrone, Davis, Osorio, Stocker, Reed, Widmar, Garden Commissioners Absent: None Staff Members Present: Chief of Planning, Engineering, and Environmental Compliance Rerig, Principal Planner Cole, Principal Planner Caraker, Recording Secretary Hanes CALL TO ORDER Chair Garden called the meeting to order at 4:02 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: 0 COMMISSIONERS: None ABSTAIN: 2 COMMISSIONERS: Davis, Osorio RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. October 9, 2012 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING Commissioner Osorio recused himself due to conflict of interest.  Planning Commission Minutes Tuesday, October 23, 2012 2. Consider 218 Larkin Street; Variance 12-250 to allow a 8" First Floor Sideyard Setback (4' Minimum Setback Required); Second Floor Uncovered Deck Projection into the Sideyard Setback (3' Proposed and 4' Setback Required) and Second Floor Uncovered Deck Maximum Length (27' Proposed and 11' Maximum Length of Second Story Deck Allowed); 28' Tall Building (25' Maximum Height Allowed); Applicant/Owner Sandra Carnazzo; R-3-6 Zoning District; Exempt from CEQA Requirements ACTION: Adopted a Resolution approving the Variance. Staff Presentation and Commission Questions: Kim Cole presented the Agenda Report and answered Commissioners' questions. Applicant: Eric Sousa, contractor, apologized to anyone who was negatively affected as a result of mistakes with the project and gave a brief history of his experience as a contractor in the City of Monterey. He said the ridge height will remain the same as when it was built in 1905, and the only changes to the roof are with the gable ends and the structure in order to support the system. He made reference to a letter he and the owner submitted specifically pointing out the section that discusses the rotted wood that was discovered as construction began and the efforts that were taken to retain and salvage any portions of the house. He showed pictures of the rotted wood and unstable construction, and gave a brief description of the engineering involved in remodeling and designing a safe structure. He also said the intention of the project was to give the family a safe and sound home. Sandra Carnazzo, owner, introduced her two daughters Kathryn and Kristina Carnazzo, and thanked the Commission for hearing their presentation. She said they regret the oversight that occurred with the demolition of the building, and her intentions were to remodel the house that was in need of repair so that she could have a safe functional home for her family. Kristina Carnazzo gave a brief history of their family, detailing their deep roots in the community. Kathryn Carnazzo gave an explanation of the family and their intentions for the project indicating that the home was always intended to be remodeled and the neighbors are in support of the project. She said they would like to be able to continue the remodel as originally approved. Public Comment: David Potekian, neighbor of the applicant, urged the Commission to allow the original project to be completed. Chantal Melendrez, neighbor of the applicant, expressed concern about the lack of a process when older homes begin remodels and determine the damage is too significant to salvage parts of the home. She said the proposed new home would benefit adjoining properties and encouraged the Commission to consider the consequences if the request for the Variance is denied. Planning Commission Meeting Minutes Tuesday, October 23, 2012 2 Planning Commission Minutes Tuesday, October 23, 2012 Jake Evans, neighbor of the applicant, said the applicant has contiued to work with the City to correct the mistake that was made, and the new home will benefit the neighborhood. Heidi Mermescava said although there are rules that projects need to be held to, there are situations, such as this, where exceptions and modifications to the rules are appropriate. Commission Comments: Commissioner Davis suggested a five minute recess to allow the Commission to further examine the plans and drawings. The Commission concurred. Chair Garden called for a five minute recess at 5:14 pm. The meeting reconvened at 5:19 pm. Chair Garden said the house is representative of the old town character. Commissioner Davis said he was not in favor of the rule that was implemented pertaining to the percentage of a house that needed to be maintained in order to not be considered a demolition. He said property owners should not be penalized when they are remodeling a home and discover the wood is rotten. Vice Chair McCrone said it is the responsibility of the Commission to mitigate the black and white of the law. He made a motion to adopt a Resolution approving the Variance with changes to the wording in the Findings for Decision to reflect an approval. Commissioner Davis seconded the motion. Commissioner Stocker said he is in favor of the motion but the architect should have completed due diligence to research how much of the structure would have to be replaced and how that would work within the proposed plans. He said the City is not at fault in this situation. Commissioner Widmar concurred with Commissioner Stocker and said the original structure would not have supported a second story and the original project was approved under old rules. Commissioner Reed concurred with the comments made by the Commissioners and said he would be supporting the motion. On a motion by Commissioner McCrone, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission adopted a Resolution approving the Variance with amended Findings for Decision to reflect an approval.: AYES: 6 COMMISSIONERS: Garden, McCrone, Davis, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Osorio Planning Commission Meeting Minutes Tuesday, October 23, 2012 3  Planning Commission Minutes Tuesday, October 23, 2012 COMMISSION COMMENTS Chair Garden called for a recess at 5:50 pm. Chair Garden reconvened the meeting at 7:01 pm. CONTINUED PUBLIC COMMENTS Richard Rucello, President of Casanova Oak Knoll Neighborhood Association, said in 2006 the Planning Commission and City Council designated two neighborhoods in the revitalization area, and requested the Commission agendize a discussion to clarify where Federal money is being allocated when it should be going to Villa Del Monte, Del Monte Grove and Casanova Oak Grove Neighborhoods as well as the Code Enforcement Officer. He also said he submitted a written request in 2002 stating that his neighborhood would like to be consulted before additional liquor licenses were granted in his neighborhood, and asked for clarification as to why this did not happen when a recent license was approved for the C Store that took over the gas station. He said a discussion should be had regarding the alcohol problem in Monterey and the Ordinance needs to be re-evaluated. Mike Brassfield, member of Casanova Oak Knoll Neighborhood Association, said there are two particular properties on North Fremont that need immediate attention; the former Eddie’s site and the former Vet clinic site. He said the intersection is an eye sore and needs to be cleaned up and the sagging roof on the Eddie’s building and sink hole on the site is a danger. Nina Beety, made mention of a packet she submitted requesting the Planning Commission take action to restore power to the City of Monterey to make decisions regarding environmental health impacts from cell towers. She requested the Commission assist in writing letters to obtain this control and also revise the Wireless Ordinance to reflect the suggestions made in her packet, indicating if the City’s stand on public health. PUBLIC APPEARANCE 3. Receive Report on Draft North Fremont Specific Plan; Take Public Comment; Hold Discussion; and Provide Direction to Staff as Necessary ACTION: Received a report on the draft North Fremont Specific Plan, took public comment and provided direction to staff as necessary to prepare final draft Specific Plan and environmental analysis for adoption. Staff Presentation and Commission Questions: Elizabeth Caraker presented the Agenda Report answered Commissioners Questions. Public Comment: Richard Ruccello, President of Casanova Oak Knoll Neighborhood Association, made mention of a letter he submitted specifically detailing the following; 1) changes to the Planning Commission Meeting Minutes Tuesday, October 23, 2012 4 Planning Commission Minutes Tuesday, October 23, 2012 Visitor Accommodation Facility (VAF) zone – he asked for clarification on the proposed change and if C2 zoned properties have the potential to change to a VAF zone. He said the Casanova Oak Knoll Neighborhood Association is opposed to the VAF zone change and requested an open discussion on the topic to allow the neighborhood an opportunity to express how the change would affect their neighborhood, 2) densities – He said the highest densities are against residential neighborhoods and they should be relocated where no families are present, 3) recreational needs – He said the recreation needs are not being addressed nor are the shortfalls in the neighborhoods., 4) setbacks – He asked if the setbacks will mitigate the impact to neighborhoods and said the neighborhood association does not like the core eight of the Village Center. He said the VAF maximum height should be 50 feet. He also expressed concern about the narrowing off-ramp from the Freeway that could potentially cause major congestion onto the Freeway. He expressed further concern about the distance a pedestrian has to walk to get from one side of Fremont to the other. Mr. Ruccello said the neighborhood already has a parking program in place and customers of the businesses should not be allowed to park in residential neighborhoods with parking permits. Robert Larson, Del Monte Grove resident, said he signed the letter submitted by Mr. Ruccello and expressed concern about developments that build 50 foot buildings adjacent to residential homes which is not an ideal situation for residents. He said the traffic issues on Fremont Street are terrible in the afternoon hours and he expressed concern that the proposed development will increase the traffic issues. He also expressed concern that the five way intersection of Hannon, Fremont and Kolb is not represented on the proposed plans and suggested the Commission review the intersection and the amount of accidents that currently occur. Mr. Larson said the parking beyond the main strip is high density apartments and there is not adequate parking which causes the parking to spread out into the single family residents and he expressed concern that the addition of more units to the area with shared parking will cause the overflow of parking to increase in the Neighborhoods. He encouraged the Commission to consider the impact to the three adjacent neighborhoods that will be heavily impacted by the high density development that is being planned. Jason Mass Baldwin, President of Via Del Monte Neighborhood Association, concurred with Mr. Larson and Mr. Ruccello about the affects of the proposed changes to the neighborhoods. He urged the Commission to consider if the changes will actually improve the neighborhoods for the residents of Monterey. Clyde Roberson urged the Commission to specifically review the proposed plans compliance with the standards and said the Monterey Fairgrounds has a positive working relationship with the surrounding neighborhood and the parking standards should not be changed. He asked for clarification on accuracy on the neighborhood analysis and the VAF restrictions. He said he is opposed to any changes to the VAF and there is not a need for additional hotels or motels in Monterey. Harry Meacham said North Fremont is a dumpy area and the proposed plan is narrow minded and does not include the entire area that needs to be improved. Debra Maxwell, Oak Knoll Neighborhood resident, thanked staff for the work that has been done on the proposed plan but expressed concern that the changes will be devastating to the neighborhood. She said some of the ideas are good but concurred with Mr. Larson that the proposed plan presents a neighborhood that has more of a Planning Commission Meeting Minutes Tuesday, October 23, 2012 5 Planning Commission Minutes Tuesday, October 23, 2012 Downtown feeling and requested the Commission not take the current character of the neighborhood away. She also said she is in support of the new businesses, but encouraged the Commission to maintain the safe, friendly environment in the neighborhood and is not in favor of the changes. James Nichols said some amendments should be taken into consideration with regards to current uses in the neighborhood. He said he is opposed to the tall buildings in the neighborhood and requested the maximum height be lowered. He expressed concern that the parking plan that is currently in place in the neighborhood will be affected with the changes and he is opposed to levying fees for usage of parking to the commercial district in the residential neighborhoods. He also expressed concern that the addition of more businesses to the neighborhood will increase traffic congestion and he encouraged the Commission to consider implementing more bike paths to the plan. Mr. Nichols said the plan should also have some traction for completing the proposed projects and made mention of the unfinished fence that surrounds the Monterey Fairgrounds. Ed Smith said the residents in the neighborhood are opposed to three story buildings adjacent to residential neighborhoods because of the impact to light, view and privacy. He encouraged the Commission to consider off street parking for the customers of the businesses and said he did not think the “Queen Ann” style is appropriate in the neighborhood. He requested the Commission work with the neighborhood to reach a compromise for the proposed plans. Mike Brassfield said he was appointed by the North Fremont neighborhood to the North Fremont Specific Plan Subcommittee and complimented staff and the two Commissioners that also serve as subcommittee members, on the work that has been done on the plan. He made mention of a letter he submitted and encouraged the Commission to take into consideration the impacts to the neighborhood with implementation of the proposed changes. He requested the plan be more detailed with attention to the height of buildings on Bruce Lane, the buffer zone, the fees in lieu of parking and the addition of 130 new dwelling units. He also encouraged the Commission to look at the balance between the residential neighborhoods versus the changes proposed in the plan. Jerry Anderson, North Fremont Business District board member, concurred with Mr. Brassfield and the need to improve specific properties on North Fremont, and said the business association is encouraging the improvements. He asked for clarification on the proposed project on Bruce Lane and said the plan is an improvement to the area. Commission Comments: Commissioner Davis and Commissioner Osorio gave a brief description of their understanding of the proposed plan. Commissioner Osorio said the General Plan is the constitution for development in the City and it identifies three areas for re-development including the North Fremont area. He said the Specific Plans are intended to implement the General Plan. He said the intentions of the proposed plan are to bring North Fremont up to date with current practices and Specific Plans are part of California law and a necessity for cities to consider. He also said the discussion regarding the change to VAF zoning was an attempt to find ways to get more water and the plan considers lighting, privacy and all other impacts to the neighborhood. He said the Commission is implementing the Planning Commission Meeting Minutes Tuesday, October 23, 2012 6 Planning Commission Minutes Tuesday, October 23, 2012 General Plan and sending a proposal to the City Council that best reflects this implementation. Commissioner Davis said he appreciates the public comment presented at the meeting and Mr. Brassfield’s continued participation in the planning process. He said the general intent of the plan is to concentrate development along one street and densify the front portions of the street and de-densify the rear parts that interact with the neighborhoods which helps to mitigate potential impacts to adjacent properties. He also said the VAF zone changes are not changing the definition of VAF’s and no new parking plans are being imposed, rather options are being presented for possible future developments. He said a balance is necessary for the implementation of the 50 foot buildings adjacent to residential neighborhoods and the plan is still in preliminary stages. He also said the option for properties to have multiple units will make them more desirable and the area along North Fremont is not an ideal place to for additional parks. Chair Garden encouraged the public to submit suggested changes to any parts of the plan to the Commission in writing. Commissioner Davis said there was no public comments at the last Subcommittee meeting where a vote passed that approved the Specific Plan moving forward with a recommendation to proceed with the Initial Study. Vice Chair McCrone expressed concern about the plan and the concerns posed by the neighborhood. He said North Fremont needs to be redone and cleaned up and the object is to implement a guideline and plan that will encourage property owners of commercially zoned properties to make changes in a way that is attractive and results in a neighborhood the residents can be proud of. He also said the Commission should mitigate the commercial impacts to the neighborhood so that the changes will improve the quality of life and create an attractive neighborhood and fairway. He said he does not agree that any building on North Fremont should have an opportunity to be rezoned as VAF and there should be an even balance with some retail and some restaurant use. He said the increase of the village core should be opposite the Fairgrounds and more sensitivity should be given to the portions of North Fremont that are adjacent to residential properties. He also said maximum height allowance is an issue because of the topography of the area and suggested a 30 foot maximum for buildings. He expressed concern about the issues with safety regarding pedestrian crossing on North Fremont and suggested adding safe pedestrian crossing at key intersections. He said the plan is intended to get more people out of their vehicles and on bicycles and Monterey needs to be designed to encourage long term residency rather than vacation homes and priority of parking will remain with the residents that live in the neighborhoods. Chair Garden called for a recess at 9:14 pm. The meeting reconvened at 9:22 pm. Commissioner Stocker said Monterey was required by law to add more residential units in the City which will be a benefit to the area and he suggested holding another subcommittee meeting to address and possibly resolve concerns. He also suggested clarifying the intentions for Bruce Lane and other language in the plan to alleviate the fear of the residents in the neighborhoods. Planning Commission Meeting Minutes Tuesday, October 23, 2012 7  Planning Commission Minutes Tuesday, October 23, 2012 Commissioner Widmar said the buffer zones need to be more specific with suggestions or guidelines for mitigating each one. He said privacy needs to be preserved and expressed concern about commercial impacts like delivery trucks in the neighborhoods. He also suggested adding clarification regarding height limits and how it will be reinforced, and said the traffic issues should be coordinated with Cal Trans with a possible trial run on the proposed plan for directing traffic off of the Highway onto North Fremont. Commissioner Reed said North Fremont is disjointed and needs to be updated. Chair Garden said the language in the plan should be clear and concurred that staff should refine some of the descriptive portions particularly the sections that impact the neighborhood to provide clarity to the residents. He also concurred that a subcommittee meeting is necessary to refine the plan. Commissioner Osorio requested the members of the community provide a precise list of the issues and concerns that still need to be addressed. COMMISSIONERS COMMENTS Report received. New comments:  Commissioner Stocker said the mobile viewer just added by the City is not functioning properly and freezes images. He also said the a design professional should be required to sign off on plans when a remodel is being done on a property to assure that the project stays within the rules.  Commissioner Davis said he has received calls on the potential water allocation to projects and requested an update on the subject.  Commissioner Widmar said the State Theater has had loud music playing on Friday nights and asked for clarification on the use of the theater.  Chair Garden requested a written report regarding the City’s involvement with Live Entertainment. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Receive report and new comments. Report received. New comments:  Ms. Cole announced that Senior Planner Forrest Ebbs will be leaving the City and has taken a job as Planning Director with the City of Stockton. She also announced that Jaci Abadilla has been re-assigned to the Plans and Public Works office to replace Mary Cruz who has also left the City. Planning Commission Meeting Minutes Tuesday, October 23, 2012 8 Planning Commission Minutes Tuesday, October 23, 2012 ADJOURNMENT There being no further business, the meeting adjourned at 9:48 pm. Respectfully Submitted, Approved, Kimberly Cole Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, October 23, 2012 9