Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, November 27, 2012 Afternoon Session Only 4:00 pm - 6:30 pm FEW MEMORIAL HALL OF RECORDS, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: McCrone, Davis, Osorio (arrived at 4:07 pm), Stocker, Reed, Widmar Commissioners Absent: Garden Staff Members Present: Principal Planner Cole, Parking Superintendent Dalton, Police Lieutenant Sonne, Recording Secretary Hanes CALL TO ORDER Vice Chair McCrone called the meeting to order at 4:01 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: 5 COMMISSIONERS: McCrone, Davis, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Garden, Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. November 13, 2012 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING Kim Cole suggested Item 2 be moved to later in the agenda to allow the applicant an opportunity to be arrive. The Commission concurred. 2. 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 a Resolution approving six-month review of Use Permit 11-154. Planning Commission Minutes Tuesday, November 27, 2012 Staff Presentation/Commission Questions: Kim Cole presented the Agenda Report and along with Officer Sonne, answered Commissioners' questions. Applicant: Anthony and Alex Buich, Co-Owners of the Mucky Duck were present. The Buich's thanked the Commission for the adjustments to the conditions that were made at the previous hearing and informed the Commission that the changes have increased revenue significantly. Anthony Buich said the noise complaint that resulted in a citation occurred on the 4th of July weekend and the issue was addressed with the band that was playing. He said he is working closely with similar businesses in the area to create communication about potential situations that could affect other establishments, particularly pertaining to heavily intoxicated individuals. He also said he has made decisions to close the business early when the crowd consists of individuals that may potentially create problems and made mention of some efforts he has made in the community to become a more active business owner in Monterey. Alex Buich said the noise complaints have been minimal considering the amount of music events the business hosts. In answer to Commissioner McCrone's questions, the Buich's said they would accept the six month review and that efforts have been taken and more are in planning stages, to lessen the sound issues on the patio. In answer to Commissioner Osorio's question about the efforts staff takes to monitor intoxication levels of the patrons, Anthony Buich said the staff is on alert at all times to spot intoxicated individuals. Alex Buich added that both the bartending staff and security share a radio communication system that they use to communicate with each other when someone is overly intoxicated and is no longer allowed to be served or needs to be removed from the building. Public Comment: Jerry Anderson, representing the Saucito Land Company that owns the adjacent property, informed the Commission that the rental units located at their property have been rented and the tenants have reported that the noise coming from the Mucky Duck is clearly audible but manageable. He expressed concern that the next tenants might not be willing to deal with the sound. In answer to Commissioner Osorio's question, Mr. Anderson said a possible solution could be installation of a sound barrier. Any tenants interested in leasing the unit are met with on site in the evening hours when the noise is at its peak and given an opportunity at that time to not sign the lease if the noise is at an unacceptable level. Alex Buich said if tenants are given an opportunity to hear the sound that comes from the Mucky Duck before they sign their lease, then they know what they are in store for when they move in. Planning Commission Meeting Minutes Tuesday, November 27, 2012 2  Planning Commission Minutes Tuesday, November 27, 2012 Commission Comments: Commissioner Stocker said it's the applicant's responsibility to control the volume of sound coming from their establishment and made a motion to adopt a Resolution approving a six month review. Commissioner Widmar seconded the motion. Commissioner Reed said the Buich's are doing an excellent job with the business and he will support the motion, but at some point the requirement for a six month review should be removed. Commissioner Widmar concurred with Commissioner Reed and said the main issue that is re-occurring is the complaints of noise from the volume of the music on the patio and suggested the applicant research ways to monitor the sound. Commissioner Osorio concurred with Commissioner Reed and said it is in the best interest of the City for the business to succeed and encouraged the applicant to continue working on finding a solution for the noise issues. Vice Chair McCrone requested decibal readings for future noise complaints and said a balance needs to be achieved for managing the music and the nuisance it creates for the tenants of the residential units around the Mucky Duck. He suggested the applicant research ways to muffle the sound on the patio and monitor more closely the sound emanating from the patio and assure that it stays within an acceptable decibal level and said he would support the motion. On a motion by Commissioner Stocker, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission adopted a Resolution approving six- month review of Use Permit 11-154: AYES: 6 COMMISSIONERS: McCrone, Davis, Stocker, Reed, Widmar, Osorio NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Garden ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC APPEARANCE 3. Parking Office Presentation Wayne Dalton, Parking Superintendent, gave a presentation of the parking changes and updates in the City of Monterey. COMMISSIONERS COMMENTS Report received. New Comments:  Commissioner Davis questioned if any complaints were generated from the Big Sur Marathon festivities in Monterey and if the City has any authority to ask the Marathon to reconfigure the festivities to avoid the disturbances. Officer Sonne Planning Commission Meeting Minutes Tuesday, November 27, 2012 3  Planning Commission Minutes Tuesday, November 27, 2012 responded confirming that complaints were received, but informed the Commission that all arrangements were made through the State of California (Custom House) and would need to be handled with them directly.  Commissioner Reed informed the Commission that he would be absent from the December 11, 2012 Meeting. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update Report received. New comments:  Kim Cole informed the Commission that the Information Services Department was working on fixing the report viewing issues that had been reported, and made reference to a handout that was given to the Commission with suggested ways to navigate the viewing.  Ms. Cole informed the Commission that the Annual Boards, Commissions and Committees Meeting is scheduled for December 13, 2012, and staff will be drafting letters for the Chairs to sign, recapping the activities of the Board, Commission or Committee for the year. She said the location was still be determined. ADJOURNMENT There being no further business, the meeting adjourned at 5:16 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, November 27, 2012 4