Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, April 23, 2013 AFTERNOON SESSION ONLY 4:00 pm - 5:30 pm FEW MEMORIAL HALL OF RECORDS, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Davis, Garden, McCrone, Osorio, Reed, Stocker, Widmar Commissioners Absent: None Staff Members Present: Principal Planner Cole, Housing Property Manager Marvin, HPM Administrative Analyst Aldrete, Recording Secretary Lebda CALL TO ORDER Chair Garden called the meeting to order at 4:08 pm. CONSENT ITEMS On a motion by Commissioner Davis, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 5 COMMISSIONERS: Davis, McCrone, Osorio, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 2 COMMISSIONERS: Garden, Stocker RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. April 9, 2013 Action: Approved as amended clarifying Commissioner McCrone's statement on Packet Page 3. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. Recommend Draft Fiscal Year 2013/14 Action Plan for Community Development Block Grant (CDBG) and the 2013/14 Housing Program and Budget to City Council and Successor Housing Agency (Exempt From CEQA) Planning Commission Minutes Tuesday, April 23, 2013 Action: Approved recommending the Draft Fiscal Year 2013/14 Action Plan for Community Development Block Grant (CDBG) and the 2013/14 Housing Program and Budget to City Council and Successor Housing Agency with two caveats: 1) to consider reallocating Successor Agency Housing Funds currently set for Down Payment Assistance; and, 2) not to grant the Down Payment Assistance Loans until issues are worked out satisfactory with staff for some type of recourse. Staff Presentation/Commission Questions: Rick Marvin presented the staff report and answered commissioners’ questions. Public Comment: Teresa Sullivan, Alliance on Aging, said their organization provides services such as paying rent, groceries, and utility bills to people who are at risk of becoming homeless-- those who are in their homes but only scraping by. She said this is a priority issue but is not as visible as the homeless and they want to be sure their services are not at risk of being lost. She said funds are reduced every year and she asked the Commissioners to please consider their organization in the funding pool. Kellie Morgantini, Executive Director of Legal Services for Seniors, said if the ‘unseen homeless’ and the services provided to them were better known by the public the public would be more aware of who the organizations are and who they serve. Susan Tiffany, Director of Salvation Army Good Samaritan Center, said that they assist families through their emergency rental program funds and that they are hoping to at least assist the same number of families this year as they did last year. She said they appreciate what the City does and the Planning Commission support to the Salvation Army. Barbara Mitchell, Executive Director of Interim said there is no easy solution to the homeless and it can be complicated. She said most of the homeless they see have mental illness, substance abuse problems, or have no family because they are traveling. She said the answer to homelessness is providing housing and then keeping them housed, but more income is needed to keep them housed and for health services. Reyes Bonilla, Executive Director of Shelter Outreach Plus said they provide support services and beds for both men and women in Monterey as well as organize churches to help provide services. He said their outreach programs bring men in off the streets, they work with their emotional or addiction issues, place them into transitional programs, and help to find them jobs and permanent housing. He said they are thankful for the City’s continued support of these needed programs. Rob Rapp of Community Human Services said they help runaways by getting them off the streets and reuniting them with their families. He said he is thankful to the Housing Property Management office for their help during this process and he looks forward to participating in upcoming discussion. Planning Commission Meeting Minutes Tuesday, April 23, 2013 2 Planning Commission Minutes Tuesday, April 23, 2013 Melissa Kendrick of Food Bank of Monterey County indicated that they are feeding 1 in 5 Monterey County residents. In Monterey their food services target senior citizens. She thanked the Commission for its support. Commissioner Comments: Chair Garden said the Planning Commission Chair sits on the committee to distribute funds and it is enlightening to hear the good agencies provide. He said they have specific uses for their funds requested and the committee determines distribution of funds with discretion. Commissioner Stocker said the staff report and presentation was thorough and it is very interesting to sit and listen to presentations where the money will be distributed. He said there is a tremendous reduction of funds this year and he is very reluctant to substitute his wisdom for that which the committee has worked on in depth and they do a thorough, exhaustive job. He suggested that this proposal move forward to the City Council for approval. Commissioner McCrone said he has concerns that applying $35,000 to the Down Payment Assistance Program is a waste of money in the real estate market at this time because the loans are non-recourse loans; and that these funds should be diverted to the non-profit organizations. Mr. Marvin said the CDBG program is specific on how funds are allowed to be distributed and if those funds recommended for down payment assistance loans were added to the amount to be distributed to the Community Services the community services funding would exceed the 15% maximum that is allowed by HUD. He said if the point is to provide additional funds to Community Services, then the Successor Agency funds should be looked at and how they might be used for this purpose. He said the Commission can advise the City Council that before spending more Down Payment Assistance funds that some of those funds be used to assist funding Community Services. He also indicated that with Council concurrence the Down Payment Assistance program could be brought to the Planning Commission for consideration of additional requirement before spending more Down Payment Assistance funds. Commissioner McCrone moved to recommend to the City Council 1) to consider reallocating Successor Agency Housing Funds currently set for Down Payment Assistance; and, 2) not to grant the Down Payment Assistance Loans until issues are worked out satisfactory with staff for some type of recourse. Commissioner Osorio seconded the motion. Commissioner Davis asked if the second caveat is too specific. Mr. Marvin said they can work through it. Chair Garden reiterated that the motion is to recommend the CDBG Draft Plan to City Council with two caveats—exploring the use of funds allocated to the Down Payment Assistance Loans. Commissioner Osorio said he agrees with Commissioner McCrone that it is appropriate to consider reallocating funds to balance issues with the rest of the services in the plan. Commissioner Widmar said this is always a very difficult issue and he agrees with the motion to use some of the successor housing money, he is open to staff’s recommendations, and he would like to see as much money as possible go to the Community Services organizations. Planning Commission Meeting Minutes Tuesday, April 23, 2013 3  Planning Commission Minutes Tuesday, April 23, 2013 On a motion by Commissioner McCrone, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission approved recommending the Draft Fiscal Year 2013/14 Action Plan for Community Development Block Grant (CDBG) and the 2013/14 Housing Program and Budget to City Council and Successor Housing Agency with two caveats: 1) to consider reallocating Successor Agency Housing Funds currently set for Down Payment Assistance; and, 2) not to grant the Down Payment Assistance Loans until issues are worked out satisfactory with staff for some type of recourse. AYES: 7 COMMISSIONERS: Davis, Garden, McCrone, Osorio, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Consider 150 Mar Vista Drive Application 12-105 to Reopen Use Permit 87-88 to Allow the Development of an Outdoor Seating Area at an Existing Club/Lodge; Applicant Joseph Guerra; Owner Monterey Elks Lodge No 1285 BPOE; R-3-20 Zoning District (Exempt from CEQA) Action: Denied Use Permit 12-105 to Reopen Use Permit 87-88 for the development of an outdoor seating area at an existing club/lodge. Staff Presentation/Commission Questions: Kim Cole presented the staff report and answered commissioners’ questions. Applicant: Stephanie Pintar representing the Elks Lodge explained that the patio had been used until they learned that a use permit was required. She said that the patio area serves the needs of smokers from the bar area and is not used by families or children. She said policies have been developed so as not to adversely impact the neighbors; and because the Lodge was concerned of noise impacts, they hired a consultant to conduct a noise study. She said the study indicated that noise was within the zoning ordinance limitations. She said that they take their commitment not to disturb neighbors seriously. They have been in their current location for 50 years, and they agree to conditions applicable to their request to use the outdoor patio area. She answered Commissioners’ questions stating that she was not sure if there was a policy regarding music or outdoor activities being allowed after 10:00 p.m. on the swimming pool side, but they are sensitive to noise issues and their goal is to be a good neighbor. She answered that they suggest the smoking area adjacent to the bar so that they do not have to go to the pool side or the parking lot to smoke. Public Comment: Jennifer Stone said she originally chose to live in this neighborhood because it was quiet and they have enjoyed the peacefulness. She said she has overlooked some of the noise from the Lodge and it was not an issue before the patio was constructed. She said she does not object to smoking in the parking lot or other areas where the building will Planning Commission Meeting Minutes Tuesday, April 23, 2013 4 Planning Commission Minutes Tuesday, April 23, 2013 provide a natural buffer to the noise, but that she objects to the proposed outdoor seating. She said that the noise levels are too high for a residential neighborhood and that the outdoor bar area is not an environment for raising children. Rita Toles said she agrees with the previous speaker. She said that she expects some noise, but she has had to email the Elks Club and has threatened to call the police when there was noise at 11:30 to 12:00 p.m. She said they try to be a good neighbor, but since running the party out to the parking lot, they don’t close noise down at 10:00 pm. Stephanie Pintar said that she appreciates the neighbors’ comments. She reiterated that they are serious about shutting down patio after 10:00 p.m. She suggested that if the Planning Commission is concerned, then to approve for a trial period of time. Chair Garden inquired with the Planning Commissioners if they wished to continue as the meeting was going beyond 5:30 p.m. All concurred to continue and to finish the slated agenda items. Commissioner Comments: Commissioner Osorio said that in context with the site plan it looks as if there is plenty of opportunity to put a smoking area elsewhere on the site. He said he understands that the space was chosen to protect their guests at the pool area but the proposed area does affect the neighbors. Commissioner McCrone said it is important to remember this use first went into effect before the current zoning laws and use in the middle of the neighborhood is grandfathered in; however, they do need to respect their neighbors. Sound transmission is huge on that side of the hill and if the neighbors can hear conversations in their living rooms that should not happen. He said he will not support the proposed amended use permit. Chair Garden said he visited the site to have some realization of what 650 square feet encompassed and he saw that the opportunity for bar room noises to be extended into the area seemed to be intrusive. He said he agrees with the comments of others, that it would be less intrusive for smokers to walk to the other areas than the intrusiveness to neighbors where proposed. He said he can also see the level of noise surveyed could be discomforting. Commissioner Davis said that since there was no noise reading at the property line as the noise ordinance establishes, he thinks other mitigation measures could be considered such as physical, operational, and educational. He said he understands the place where proposed is convenient for those who use the building and that other places are not as functional. He said he would not determine what other mitigations might be considered, but suggested perhaps the Elks Club come back with other mitigating measures. Commissioner Stocker said that this proposal severely expands the club in a residential neighborhood, turning their parking lot into part of the bar and the noise levels will go up dramatically. He said this is taking the use outside with people smoking, chatting and drinking, the concept radically changes the use of the Elks Club, and a smoking area should be on the other side of the club. He said he agrees with the comments to deny the proposed use. Planning Commission Meeting Minutes Tuesday, April 23, 2013 5  Planning Commission Minutes Tuesday, April 23, 2013 Commissioner McCrone moved to deny the reopened use permit application with findings that this proposed use will be detrimental to public health, safety, and welfare in the vicinity of the property. Ms. Cole also suggested changing the first finding that it is inconsistent with residential use as it is bringing more intensive bar use to residences. Commissioner Osorio seconded the motion because the applicant has not considered other places that will not affect the neighborhood. Commissioner Davis said that he understands all that has been said but he was hoping the applicant had the option to come back with mitigation measures; therefore, he will vote no to denying the application. In answer to Commissioners’ questions, Ms. Cole said they can apply for a new location addressing concerns. She said they do not need to resubmit if smoking in the pool vicinity, only if smoking or drinking in the parking lot. On a motion by Commissioner McCrone, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission denied Use Permit 12-105 to Reopen Use Permit 87-88 for the development of an outdoor seating area at an existing club/lodge. AYES: 6 COMMISSIONERS: Garden, McCrone, Osorio, Stocker, Reed, Widmar NOES: 1 COMMISSIONERS: Davis ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS  Commissioner Davis, McCrone, and Stocker reported that they have not been receiving their annotated agendas from the City Council Meetings. Ms. Cole said they will follow up on the matter.  Commissioner Stocker said he has learned from his trips overseas that there is no community in Europe that uses their valuable waterfront for surface parking and he is appalled that Monterey must have surface parking on the waterfront. He said parking should be underground or across the street and the valuable space used for buildings or parks. He said every highway and major road in Europe must have bike trails and they are always packed with people and their dogs having picnics miles from any place. He said we don’t do that because we don’t provide it and the more we provide then they will be used. He said the only way to reduce congestion on the road is to have other ways for people to get around. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update Report Received. New Comments:  Ms. Cole reported that General Plan changes are out for circulation to other Planning Commission Meeting Minutes Tuesday, April 23, 2013 6 Planning Commission Minutes Tuesday, April 23, 2013 agencies and the Airport Land Use Commission’s (ALUC) consistency determination was made last night. She said document changes are scheduled for a June time frame along with the North Fremont Specific Plan. She said the draft environmental documents for Downtown are moving forward and later there will be an update on the Waterfront Master Plan. She said Lighthouse has more committee work to be done. Chair Garden requested a bar chart to see where we are with those plans.  Ms. Cole said at the next meeting will be a report on the Holeman Hwy 68/Highway One Roundabout Project of which they are working on grants for that project. She said there may be an item for a use permit, but staff is still working on that project. ADJOURNMENT There being no further business, the meeting adjourned at 6:30 PM. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, April 23, 2013 7