Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, June 25, 2013 4:00 pm - 5:30 pm 7:00 pm - 11:00 pm FEW MEMORIAL HALL OF RECORDS, COUNCIL CHAMBERS 580 PACIFIC STREET MONTEREY, CALIFORNIA Commissioners Present: Garden, McCrone, Davis, Reed, Osorio, Stocker, Widmar Commissioners Absent: None Committee Members Present Sullivan, Latasa, Davis, Dawson, Jacoubowsky Committee Members Absent None Staff Members Present: Principal Planner Kimberly Cole, Chief of Planning, Engineering and Environmental Compliance Chip Rerig, Recording Secretary Halabi CALL TO ORDER Chair Garden called the joint meeting between the Planning Commission and the Architectural Review Committee to order at 4:00 p.m. 2. 230 Lighthouse Avenue – Presentation ACTION: No action taken; discussion item only. Staff Presentation/Commission Questions Chip Rerig presented the staff report and answered Commissioners’ questions. Applicant: Carl Outzen, developer, said he is interested in creating a mixed use property but has encountered challenges due to the small lot size. He said he is unable to create dual access on Foam Street and due to site topography and distance between the proposed structure and the neighboring property. He said the proposed project is higher than the current standards and will require a variance. Public Comments John Greenwell, owner at of 271 Foam Street, expressed concern about the overall mass and height of the proposed project as well as its proximity to the property line. Commissioner Comments Commissioner Osorio said although this is a great project he has two large concerns: circulation and accessibility to the site. He suggested relocating Building B to the proposed parking lot location. In response to Commissioner Osorio’s comments, Mr. Outzen said the narrow lot and the backup space required would not allow dual access on Foam Street and moving the building would result in privacy issues with neighboring property. Committee Member Jacoubowsky said he said he would like to see the third floor inset and Building A be scaled down. Commissioner Mc Crone said he does not find the proposed design pleasing and would prefer to see historic aspects incorporated.  Planning Commission Minutes Tuesday, June 25, 2013 Commissioner Davis said he understands the need for increased height Commissioner Garden said he would like a view study for the impacts on the uphill neighborhoods and concurred with Committee Member Jacowbowsky concern about a three story structure flush to the property line. Committee Member Latasa also agreed and said he would like to see greater modulation. Commissioner Stocker said he enjoys the contemporary character of the design, but said he would like input from the City Traffic Engineer on the parking location and number of driveways. Commissioner Widmar concurred with the suggestion for input from the Traffic Engineer. In response to Commissioner McCrones inquiry, Mr. Rerig said the Lighthouse Area Plan calls for vivid and eclectic architectural expression. ***Adjourn from the joint meeting between the Planning Commission and Architectural Review Committee*** ***Adjourn to the Planning Commission Meeting at 5:12 pm*** Commissioners Present: Garden, McCrone, Davis, Reed, Osorio, Stocker, Widmar Commissioners Absent: None Staff Members Present: Principal Planner Kimberly Cole, Chief of Planning, Engineering and Environmental Compliance Chip Rerig, Recording Secretary Halabi … CONSENT ITEMS On a motion by Commissioner Reed, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 7 COMMISSIONERS: Garden, McCrone, Davis, Osorio, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 2. June 11, 2013 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS Planning Commission Meeting Minutes 2  Planning Commission Minutes Tuesday, June 25, 2013 None. Commissioner Osorio and Commissioner Widmar recused themselves from item # 3. 3. Consider 720 Via Mirada; Use Permit 13-150 to Allow Events at Existing Museum ; Applicant/Owner Monterey Museum of Art; R-E-20-D-1-H-1 Zoning District (Exempt from CEQA) ACTION: Adopt a Resolution approving Use Permit 13-150 allowing events at an existing museum with amended Conditions of Approval. Staff Presentation/Commission Questions Kim Cole presented the staff report and answered Commissioners’ questions. Applicant Craig Johnson, Executive Director, said he is sensitive to the neighboring property owners concerns of size and frequency of events and is prepared to reduce the number of events to 12 per year. He said he concurs with the neighbor that the temporary fence in not a desirable solution and expressed interest in a more permanent solution Public Comments Mike Dawson, Alta Mesa Neighborhood Association President, said the Neighborhood Association is in support of limiting the number of attendees to 250 per event, putting up a permanent barrier and requiring that noise not be discernible. Mike Lurey, neighboring property owner, said the museum held an event on Saturday, June 22, 2013 and the gate on Mesa Road was not secured. He expressed concern that similar instances might occur again if they Use Permit were not reviewed after approval. Mariette Bain, property owner of 750 Via Mirada, said a chain across the staircase in attempts to restrict access to the gardens would not be an adequate solution and she remains confident they will find a solution. Commissioner Comments Commissioner McCrone said he feels the privacy issue is not a function of the Use Permit and would not be in support of approval unless Condition 11 was altered. He said he is willing to accept a 55 decibel limit and allow the museum to have at least three events per month. In response to Commissioner Stocker inquiry, Ms. Cole said the current Use Permit allows public gatherings related to museum operations and events and has no specification about outside events. Commissioner Stocker said he supports review of the Use Permit after three months, capping noise at 55 decibels at the source, and allowing no more than 12 events per year with a maximum of 200 attendees. Commissioner Garden said the Special Condition 11 is no longer necessary. Commissioner Reed concurred with the noise restriction of 55 decibels and the Planning Commission Meeting Minutes 3 Planning Commission Minutes Tuesday, June 25, 2013 limitations on the frequency of events and number of attendees. Commissioner Reed made a motion to adopt a Resolution approving Use Permit 13-150 allowing events at an existing museum with the amended Conditions of Approval as follows: 6. Limit the number of third party events with 150 persons or more to 12 annually with no more than three per month. The maximum number of persons at any event shall be 200. 11.A temporary fence or long term barrier shall be installed during events between 720 Via Mirada and 750 Via Mirada to provide increased privacy. A temporary fence shall be removed after the event.The garden area adjacent to 750 Via Mirada shall be closed during third party events and the stairs to the gardens shall be blocked and have appropriate signage. Commissioner Garden seconded the motion. Commissioner Davis said he would like to see the Use Permit reviewed in three months. Commissioner Stocker proposed review after sixth months. The motion maker and seconder agree to include the following Condition of Approval: 14. The Planning Commission shall review this Use Permit six months from its approval date. The motion maker and seconder agreed. On a motion by Commissioner Reed, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission adopted a Resolution approving Use Permit 13-150 allowing events at an existing museum with the amended Conditions of Approval as follows: AYES: 5 COMMISSIONERS: Garden, McCrone, Davis, Reed, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 2 COMMISSIONERS: Osorio, Widmar The Afternoon Session adjourned at 5:37 pm RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m. Commissioners Present: Garden, McCrone, Osorio, Stocker, Reed, Widmar Commissioners Absent: Davis Planning Commission Meeting Minutes 4  Planning Commission Minutes Tuesday, June 25, 2013 Staff Members Present: Principal Planner Cole, Recording Secretary Halabi Chair Garden called the evening Session to order 7:00 pm 5. Consider 1500 Mark Thomas Drive; Use Permit 13-090 to Amend an Existing Use Permit to Allow Larger High School Classrooms (Building #13) and Preschool/Office/Indoor Dining Addition (Building #1); Applicant/Owner: Santa Catalina School; R-1-20 Zoning District (Mitigated Negative Declaration) ACTION: Adopted a Resolution approving the Mitigated Negative Declaration and adopted a Resolution approving Use Permit 13-089 Amending the Existing Use Permit to Allow Larger High School Classroom Buildings and Preschool/Office/Indoor Dining Addition. Staff Presentation/Commission Questions Kim Cole presented the staff report and answered Commissioners’ questions. Applicant Richard Patterson said the cost of enlarging the existing science building was nearly equivalent to constructing a new building. The Board of Trustees decided construction of a new building was a superior solution and would better serve the schools needs. Public Comments None. Committee Member Comments: Commissioner Stoker said he is in support of the project and agrees with Staff’s additional Condition of Approval. Commissioner Stoker made a motion to adopt a Resolution approving the Mitigated Negative Declaration and adopt a Resolution approving Use Permit 13-089 Amending the Existing Use Permit to Allow Larger High School Classroom Buildings and Preschool/Office/Indoor Dining Addition. Commissioner Widmar seconded the motion. On a motion by Commissioner Stoker, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission adopted a Resolution approving the Mitigated Negative Declaration and adopted a Resolution approving Use Permit 13-089 Amending the Existing Use Permit to Allow Larger High School Classroom Buildings and Preschool/Office/Indoor Dining Addition. Commissioner Widmar seconded the motion. AYES: 5 COMMISSIONERS: Garden, McCrone, , Reed, Stocker, Osorio, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes 5  Planning Commission Minutes Tuesday, June 25, 2013 6. Consider Recommendation to the City Council to Amend the General Plan Land Use, Urban Design, and Circulation Elements to Replace Area Plans with Specific Plans in the Downtown, Lighthouse/Foam, and North Fremont Mixed Use Neighborhoods Update Flood Information, and Incorporate the Use of Multi-Modal Level of Service as Defined and Implemented by the City's Multi-Modal Mobility Plan. ACTION: Adopted a resolution recommending that the City Council amend the General Plan Land Use, Urban Design, and Circulation Elements to replace Area Plans with Specific Plans in the Downtown, Lighthouse/Foam, and North Fremont Mixed Use Neighborhoods, update flood information, and Incorporate the Use of Multi-Modal Level of Service as defined and implemented by the City's Multi-Modal Mobility Plan with the following Conditions of Approval: that the amendments include the revision to Chart three, that policy B 16 be revised and that the specific plan map not show details not formally approved. Staff Presentation/Commission Questions Kim Cole presented the staff report and answered Commissioners’ questions. Public Comments None. Commissioner Comments Commissioner Osorio said the maps on page 184, illustrating the Downtown and Waterfront planning area, refer to streets that have yet to be formally approved and requested their removal. In response to Commissioner Garden’s inquiry on the hierarchy of planning tools, Ms. Cole said the General Plan is the vision for the city. She said Area Plans are unique plans for particular parts of the City and Specific Plans are implementation tools to direct development. In response to Commissioner Garden’s question inquiring about policies to guide non- commercial areas, Ms. Cole noted the three development areas that were selected were a result of the General Plan establishing them as the highest priorities. Commissioner Stoker said the biggest alterations were the multimodal mobility element and the mixed use areas. Commissioner Garden said he is pleased with the Specific Plans. Commissioner Stoker made a motion Planning Commission adopted a Resolution recommending that the City Council amend the General Plan Land Use, Urban Design, and Circulation Elements to replace Area Plans with Specific Plans in the Downtown, Lighthouse/Foam, and North Fremont Mixed Use Neighborhoods, update flood information, and Incorporate the Use of Multi-Modal Level of Service as defined and implemented by the City's Multi-Modal Mobility Plan with the following conditions of approval: that the amendments include the revision to Chart three, that policy B 16 be revised and that the specific plan map not show details not formally approved. Commissioner Osorio seconded the motion Planning Commission Meeting Minutes 6 Planning Commission Minutes Tuesday, June 25, 2013 On a motion by Commissioner Stoker, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission adopted a Resolution recommending that the City Council amend the General Plan Land Use, Urban Design, and Circulation Elements to replace Area Plans with Specific Plans in the Downtown, Lighthouse/Foam, and North Fremont Mixed Use Neighborhoods, update flood information, and Incorporate the Use of Multi-Modal Level of Service as defined and implemented by the City's Multi- Modal Mobility Plan with the following conditions of approval: that the amendments include the revision to Chart three, that policy B 16 be revised and that the specific plan map not show details not formally approved. AYES: 6 COMMISSIONERS: Garden, McCrone, Reed, Widmar, Osorio, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes 7