Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, April 9, 2013 EVENING SESSION ONLY 7:00 pm - 11:00 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: McCrone, Davis, Osorio, Reed, Widmar Commissioners Absent: Garden, Stocker, Staff Members Present: Chief of Planning, Engineering, and Environmental Rerig, Principal Planner Cole, Recording Secretary Lebda CALL TO ORDER Vice Chair McCrone called the meeting to order at 7:01 pm. CONSENT ITEMS On a motion by Commissioner Davis, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 5 COMMISSIONERS: McCrone, Davis, Osorio, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Garden, Stocker ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. March 26, 2013 Action: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. Consider 290 Figueroa Use Permit 13-114 for a Public Serving Use (Wharf Market); Applicant Henry Ruhnke; Owner City of Monterey; O-H1 Zoning (Exempt from CEQA) Action: Adopted a Resolution approving Use Permit 13-114 for a Public Serving Use (Wharf Market) at 290 Figueroa with staff findings and additional findings. Planning Commission Minutes Tuesday, April 9, 2013 Staff Presentation/Commission Questions: Ms. Cole presented the staff report and answered Commissioners’ questions. She said that a Historic Preservation report for the site was approved by the HPC on July 12, 2012 and she overlooked stating in the PC report that the project plans are consistent with that report. Applicant: Henry Ruhnke of Wald, Ruhnke, and Dost Architects said that he and Rick Antle are present to represent this project. He said that Ms. Cole presented the report adequately and that they are currently negotiating the lease with the city. Answering Commissioners’ questions, Mr. Ruhnke stated that they would have no problem adding bike racks and they will work with staff to design a means for encouraging bikes to slow down before entering the site from the Recreation Trail mitigating possible pedestrian/bicyclist incidents. He said that the proposed trash enclosure is a small structure separated from the main building, the design will follow city standards, and they can provide landscaping with shrubs to soften the structure. Mr. Antle said that that there may be special events scheduled in the area, but that there is plenty of parking spaces available and he envisions the festivals to be an opportunity to introduce citizens to their shop. Public comments: Jim McCord submitted for distribution to the Commissioners his concerns, CEQA & Historical Resources (CEQA Provisions), stating he does not concur with staff’s CEQA determination since this application is for a new use in an existing building. He stated that an Initial Study should be prepared and a Mitigated Negative Declaration may be in order so that there is no adverse affect to this historical resource. Commissioner Comments Ms. Cole said the project is exempt from CEQA and meets the Secretary of Interiors Standards. She said that the Historic Preservation Commission will look at each building alteration as well. Commissioner McCrone inquired if this use would be consistent with the City’s 10-year lease guideline rather than a use to run with the land and whether a future tenant would be able to assume the use. Mr. Rerig said if the Commission wished to do so they could add language to limit the use permit to whatever term the Council would allow. Commissioner McCrone suggested as long as there is a limit and there is not rights with different people on the lease. Commissioner Davis said if the use permit runs with the land and this business closes, it does not limit or handicap the City. Commissioner Reed said the City owns the property and is in negotiation for every lease. If the City decides to extend the lease, they do not need to come back to the Planning Commission for the same use permit. He said he is comfortable with having it determined in the lease, but he would like to see the use permit run with the land. To answer Commissioner McCrone’s question regarding signage Ms. Cole said that the Historic Preservation Committee is the design review body for historic buildings. Commissioner Osorio said he conceptually agrees with CEQA determinations, but findings could be further clarified that the existing use in this building will not result in greater impacts as compared to previous building users, that the level of service on Planning Commission Meeting Minutes Tuesday, April 9, 2013 2  Planning Commission Minutes Tuesday, April 9, 2013 adjacent streets will not result in a cumulative traffic impact, and that the HPC determined the Historic Preservation Report was consistent with the Secretary of Interior Standards and exempt from CEQA. Commissioner Widmar moved to adopt a Resolution approving the proposed Public Serving Use, Wharf Market with findings in the staff report and additional findings as proposed. Commissioner Davis seconded the motion. Ms. Cole reviewed the additional findings with the Commission:  The change in use is minor for environmental purposes because it is a new use in an existing building that will not result in substantial impacts as compared to previous building occupants/users.  The proposed use will not result in a cumulative traffic impact as documented in the Transportation Analysis and the project will not degrade the Level of Service at the Del Monte Avenue/Figueroa Street intersections or on Del Monte Avenue.  The Historic Preservation Report has been prepared and approved by the Historic Preservation Commission; and as part of the Report, the HPC determined the report was consistent with the Secretary of Interior Standards and is exempt from CEQA. Commissioner McCrone said that he declines to support the motion as it is not consistent with the general welfare of the city if we remove limits from the terms of the lease, especially since the Waterfront Master Plan has not yet evolved and how that may affect this particular parcel. Commissioner Widmar said whatever is done in the Waterfront area will include this property; and, if the City decides to do something else at the end of the lease, that use will go through due process to determine the best use at that time. On a motion by Commissioner Widmar, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission adopted a Resolution approving Use Permit 13-114 for a Public Serving Use (Wharf Market) at 290 Figueroa with staff findings and additional findings: AYES: 4 COMMISSIONERS: Davis, Osorio, Reed, Widmar NOES: 1 COMMISSIONERS: McCrone ABSENT: 2 COMMISSIONERS: Garden, Stocker ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Consider 685 Cannery Row Use Permit 13-057 for a Bicycle & Quadricycle Rental business (Adventures by the Sea); Applicants Frank & Michelle Knight; Owner Cannery Row Company; CR Zoning District (Exempt from CEQA) Action: Adopted a Resolution with amended Conditions approving Use Permit 13- 057 for a Commercial Recreation and Entertainment Business offering bicycle rentals and ten (10) quadricycles (surreys) at 685 Cannery Row (Adventures by the Sea). Staff Presentation/Commission Questions: Ms. Cole presented the staff report and answered Commissioners’ questions. She showed to the Commission amended Conditions of Approval, deleting Condition #7 and replacing it with the following conditions prohibiting any display on the Recreation Trail Planning Commission Meeting Minutes Tuesday, April 9, 2013 3 Planning Commission Minutes Tuesday, April 9, 2013 and other conditions based on the letter submitted by Deven Meheen dated April 5, 2013. 7. The business owner and staff shall store all rental equipment inside the store. They may transport the surreys or other rental equipment through the exit corridor to the Recreation Trail. There shall be no storage at anytime in the exit pathway. 8. No rentals are permitted to be stored, displayed or otherwise kept along the Recreation Trail right of way. The business owner and staff shall make every effort to bring those rentals left by customers along the Recreation Trail inside the building. Applicant: Michelle Knight said they are opening this satellite store on the Recreation Trail and the surreys are a key piece to the success of their business as they invite families who then become interested in other rentals offered. She said they already have experience making rentals as safe as possible, and the Traffic Engineer’s assessment of a one-way- in and one-way-out concept can be facilitated easily. She submitted a letter of support from other tenants in the building. Public comments: Deven Meheen said he has been the owner of Bay Bikes for 11 years. He has no problem with competition, and he has worked well with Adventures by the Sea. He asked the Commission to consider that the proposed rental business is not even a block away and will be detrimental to his business. He answered Commissioner McCrone’s question regarding his move to his current location and that they now have 18 quadricycles. Frank Donangelo of the Cannery Row Company clarified that the “carousel building” is on City property right of way, but in this case there is no encroachment. Regarding competition, he said the Trail guidelines are set up to encourage this use and he hopes both businesses will be successful. Commissioner Comments Ms. Cole answered Commissioner Widmar’s question that the maximum number quadricycles allowed in the City of Monterey is 36 and the quadricycles are only allowed on the Recreation Trail. Commissioner McCrone said the Commission cannot consider competitive business advantages or disadvantages, but that he hears of complaints that the quads clog the trail. He said that is a Parks & Recreation determination and the Planning Commission cannot overturn their current decision. Commissioner Reed moved to approve staff’s recommendation with the two additions as shown by Ms. Cole during the staff presentation. Commissioner Widmar seconded the motion. Commissioner McCrone said that he will support the motion. He said for the most part the Recreation Trail is a nice experience, but some areas of the trail can get congested with people, dogs and bicycle riders. It is part of the vitality and not our place to regulate a ‘monopoly’ if the market demands the quads. He said that this is a good plan and the Commission does not get involved with competitive issues. He suggested that sometime in the future, if the quadricycles are revisited at the Council level that they look at how many quads from Monterey should be on the Trail simultaneously to regulate congestion. Planning Commission Meeting Minutes Tuesday, April 9, 2013 4  Planning Commission Minutes Tuesday, April 9, 2013 On a motion by Commissioner Reed, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission adopted a Resolution with amended Conditions approving Use Permit 13-057 for a Commercial Recreation and Entertainment Business offering bicycle rentals and ten (10) quadricycles (surreys) at 685 Cannery Row (Adventures by the Sea). AYES: 5 COMMISSIONERS: McCrone, Davis, Osorio, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Garden, Stocker ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS  Commissioner McCrone said that he needs to create a new address book and wondered what changed within the City that he now needs to do so. Ms. Cole said that the City changed to a Google email application and that his filtering system is doing its job. She said staff’s email addresses are now their lastname@monterey.org. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update Report Received. New Comments:  Ms. Cole said that the April 23, 2013 Planning Commission meeting will include the annual CDBG report from the Housing Office and perhaps two use permits.  Ms. Cole updated the Commission saying that staff is currently reviewing resumes for the Senior or Principal Planner vacancy.  Commissioner McCrone said that at yesterday’s Mayor’s Meeting the Council was receptive to comments about subcommittees. ADJOURNMENT There being no further business, the meeting adjourned at 8:55 PM. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, April 9, 2013 5