Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, March 12, 2013 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, Garden Commissioners Absent: Reed, Widmar Staff Members Present: Chief of Planning, Engineering, and Environmental Compliance Rerig, Principal Planner Cole, Senior Associate Planner Hopper, Recording Secretary Hanes CALL TO ORDER Chair Garden called the meeting to order at 4:00 pm. CONSENT ITEMS Commissioner Stocker suggested moving item 4 to the Consent Agenda. The Commission concurred. On a motion by Commissioner Osorio, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 5 COMMISSIONERS: Garden, McCrone, Davis, Osorio, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Reed, Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. January 22, 2012 ACTION: Approved as submitted. 2. February 12, 2013 ACTION: Approved as submitted. 3. February 26, 2013 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None.  Planning Commission Minutes Tuesday, March 12, 2013 PUBLIC HEARING On a recommendation from Commissioner Stocker, item 4 was moved to the Consent Agenda. 4. Consider 195 West Franklin; Use Permit 13-043 to Expand an Existing Formula Fast Food Restaurant (Subway); Applicant John Pieper; Owner Mike Marotta (Exempt from CEQA) ACTION: Adopted a Resolution approving an expansion to an existing Formula Fast Food Restaurant. 5. Consider 3051 Monterey Salinas Highway; Use Permit 13-060 to Extend Use Permit 10-176 for a New Religious Assembly Building; Applicant John Scourkes; Owner St. John the Baptist Greek Orthodox Church of Monterey County (Negative Declaration Previously Approved) ACTION: Continued the application to the March 26, 2013 meeting to allow staff time to draft amneded Conditions of Approval. Staff Presentation/Commission Questions: Kimberly Cole presented the Agenda Report and answered Commissioners' questions. Applicant: John Scourkes, representing the Church, informed the Commission that an approval for the project’s water and airport consistency was not obtained until February 2011 which was 10 years after the initial submittal. He said the economy has affected the progress of the project, and there are not enough changes from the original submittal to warrant a denial of the project. He also said they are willing to work with staff to modify or amend the project as needed and address any concerns and requested the Commission grant a two year extension of the permit. In answer to Commissioner Osorio’s question, Mr. Scourkes said the letter dated February 23, 2013, requested a six-eight month extension to allow a prospective buyer time to work with the Planning Office, however, there is no longer a prospective buyer. He said the new request for a longer extension is to allow time for the owner to either find another buyer, or proceed with the project with the changed conditions. Public Comments: Desmond Johnson, manager with Monterey Peninsula Airport Dictrict Planning Department, made mention of a letter he submitted and said there is a noise impact from the project that would be inconsistent with the airport use. He said High Intensity Non Residential uses should be avoided in the proposed area which is a Zone 5, and the Airport District is not in favor of the project. In answer to Commissioner Garden’s question, Mr. Johnson said the date of the current Comprehensive Land Use Plan is 1987, and he would have to research if other high intensity non residential developments currently exist in the Zone 5 area. Elaine Houston, Parishioner at the Church, encouraged the Commission to grant the request for a two year extension of the Use Permit. Planning Commission Meeting Minutes Tuesday, March 12, 2013 2  Planning Commission Minutes Tuesday, March 12, 2013 Commission Comments: Commissioner Garden asked for clarification regarding the City Council’s ability to overturn a decision of the Airport Land Use Commission (ALUC). Ms. Cole informed the Commission that the ALUC previously approved the project. The City of Monterey can override the ALUC decision with careful consideration and findings. In answer to Commissioner Davis’ question, Ms Cole confirmed that the project has gone through concept ARC review and was approved. Final review is still required. Commissioner McCrone asked staff if conditions can be drafted with the following concerns addressed; 1) require a new site survey with updated standards; and, 2) require correction of the excessive retaining walls and slopes before a Building Permit is issued and return the project to the Commission for final review. Ms. Cole suggested that it is difficult to reduce the retaining walls height based on the current plan and confirmed that staff could draft new conditions and bring them back to the Commission for approval. Commissioner McCrone made a motion to continue the item to the next meeting to allow staff time to draft new Conditions of Approval with suggested changes including a review of noise impact. Commissioner Davis seconded the motion. Commissioner Garden asked the applicant if he would agree to the motion and the revised conditions. Mr. Scourkes confirmed that he would accept the motion and revised conditions. Commissioner Stocker expressed concern about the potential of development on the site if an extension was approved because standards have changed since the project was originally approved. Commissioner Osorio concurred with Commissioner Stocker and said it is difficult to find a suitable location for a Church and understands the financial issues the project has undergone. Commissioner McCrone clarified that his motion is date specific to be continued to the March 26, 2013 meeting. The seconder concurred with the clarification. On a motion by Commissioner McCrone, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission continued the application to the March 26, 2013 meeting to allow staff time to draft amended Conditions of Approval: AYES: 5 COMMISSIONERS: Garden, McCrone, Davis, Osorio, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Reed, Widmar ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 6. Consider 220 Olivier Street; Application 13-069 Appealing Historic Preservation Commission Denial of Two Metal Patio Structures; Appellant Paul E. Davis, AIA; Owner Ranjit Kushwaha; PC-H1 Zoning District; Exempt from CEQA Requirements. Planning Commission Meeting Minutes Tuesday, March 12, 2013 3  Planning Commission Minutes Tuesday, March 12, 2013 ACTION: Withdrawn by Applicant. Christine Hopper informed the Commission that the applicant has pulled their appeal. COMMISSIONERS COMMENTS  Commissioner McCrone said the public’s microphone located at the podium where the applicants and public comments are is very difficult to hear and asked staff to research the problem.  Commissioner Garden informed the Commission of results from a meeting where disbursement of CDBG Funds was discussed and said the applicants need to be better informed of what funds are available. INFORMATIONAL REPORTS & STAFF COMMENTS 7. Planning Office Update Report received. New comments:  Ms. Cole informed the Commission of the upcoming Mayor's Meeting on April 8, 2013 and asked for suggested Agenda Items and suggested the Commission consider the mixed use project at 301-375 Alvarado Street as an item to discuss. Commissioner McCrone recommended the Commission consider discussing the Passenger Depot as an agenda item. The Chair and Vice Chair will determine the title.  Commissioner Stocker made mention that Lisa Hanes, Recording Secretary, was leaving the City and expressed thanks for her work. The Commission also expressed their appreciation. ADJOURNMENT There being no further business, the meeting adjourned at 5:35 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, March 12, 2013 4