Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, July 8, 2014 AFTERNOON SESSION ONLY 4:00 pm – 7:00 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: McCrone, Davis, Garden, Stocker, Reed, Widmar Commissioners Absent: Osorio Staff Members Present: Principal Planner Caraker, HPM Administrative Analyst Aldrete, Recording Secretary Nelson CALL TO ORDER Chair McCrone called the meeting to order at 4:02 pm. CONSENT ITEMS Commissioner Stocker made a motion to approve the Consent Items. Commissioner Widmar seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 6 COMMISSIONERS: McCrone, Davis, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. June 24, 2014 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2 Consider Recommendation to City Council to Amend Monterey City Code Chapter 38, Article 8, Section 38-40.B Industrial, Admistration, and Research District (I-R) to Include Animal Sales & Services: Animal Bording, Animal Grooming, Animal Hospitals – as Conditionally Permitted Uses; I-R Zoning District; Applicant: Deborah Bellingham; Negative Declaration Planning Commission Minutes Tuesday, July 8, 2014 ACTION: Adopted Resolutions recommending the City Council adopt the Negative Declaration and adopt an Ordinance Amending Monterey City Code Chapter 38, Article 8, Section 38-40.B. Industrial, Administration and Research District (I-R) Land Use Regulations to Include Animal Sales & Services: Animal Boarding, Animal Grooming, Animal Hospitals - with the exception of riding academies - as Conditionally Permitted Uses. Staff Presentation/Commissioner Questions Elizabeth Caraker presented the Agenda Report and answered Commissioners’ questions. Applicant Dr. Deborah Bellingham, applicant, thanked members of Planning Commission for their consideration of the application and gave a summary of her professional qualifications and experience. Dr. Bellingham said placement of a veterinary hospital close to existing medical services is appropriate because today’s veterinary medicine involves state of the art equipment and laboratories, similar to traditional medicine, and because today’s pets require more than just retail services. Dr. Bellingham also said the feline only hospital she proposes near the Monterey Airport would not cause a noise nuisance or public safety risks. Public Comments Sandy Freeman said the applicant’s proposal states there are no feline only specialists on the Monterey Peninsula and requested a correction to the public record as Dr. Kathleen Marcus runs a veterinary practice dedicated to feline medicine and surgery on Cortez Street in Monterey. In response to Ms. Freeman’s comment, Dr. Bellingham said she is aware of Dr. Marcus’ practice, however the nearest board-certified feline specialist is in Campbell. Commissioner Comments Commissioner Stocker said he supports the proposed amendment with the exception of riding academies and suggested that the reference be removed. He also clarified that the Planning Commission’s decision will not approve or deny a feline hospital, only decide whether domesticated animal medical uses should be permitted in an IR District. Commissioner Stocker made a motion to adopt Resolutions recommending the City Council adopt the Negative Declaration and adopt an Ordinance Amending Monterey City Code Chapter 38, Article 8, Section 38-40.B. Industrial, Administration and Research District (I-R) Land Use Regulations to Include Animal Sales & Services: Animal Boarding, Animal Grooming, Animal Hospitals - with the exception of riding academies - as Conditionally Permitted Uses. Commissioner Garden said the proposed amendment is appropriate and seconded the motion. In response to Chair McCrone’s question, Ms. Caraker said when the draft Ordinance goes before City Council, it will be specified that riding academies are not included in the proposed amendment. In response to Commissioner Garden’s question, Ms. Caraker said the term “small” is qualified in the definition under Animal Sales and Services. Planning Commission Meeting Minutes Tuesday, July 8, 2014 2  Planning Commission Minutes Tuesday, July 8, 2014 On a motion by Commissioner Stocker, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission Adopted Resolutions recommending the City Council adopt the Negative Declaration and adopt an Ordinance Amending Monterey City Code Chapter 38, Article 8, Section 38-40.B. Industrial, Administration and Research District (I-R) Land Use Regulations to Include Animal Sales & Services: Animal Boarding, Animal Grooming, Animal Hospitals - with the exception of riding academies - as Conditionally Permitted Uses: AYES: 6 COMMISSIONERS: McCrone, Davis, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Consider Recommendation to City Council to Amend Monterey City Code: Chapter 38, Article 6, Section 38-28.B C-1 Neighborhood Commercial District (C-1) to include Food and Beverage Sales as Permitted Uses; Delete Definition for “Transitional Use” from Chapter 38, Article 3, Section 38-11 and Add “Transitional Use” to Chapter 38, Article 4 Section 38-20 (Temporary Use Classifications) Allowing the City’s Plans and Public Works Director to Administratively Approve Transitional Uses; and Amend Chapter 38, Article 3, Section 38-11 to Revise the Definition of “Demolition;" Applicant: City of Monterey; Negative Declaration ACTION: Adopted Resolutions recommending that the City Council certify the Negative Declaration and approve an Ordinance amending Monterey City Code Chapter 38, Article 6, Section 38-28.B C-1 Neighborhood Commercial District (C-1) requiring that existing non-conforming food and beverage sales are conditional uses and require a use permit and amend Chapter 38, Article 3, Section 38-11 to revise the definition of “Demolition” and that “transitional use” in open space is continued to first meeting in August. Staff Presentation/Commissioner Questions Ms. Caraker presented the Agenda Report and answered Commissioners’ questions. Janna Aldrete, Housing and Property Management, was also present and answered Commissioners’ questions. Public Comments Harry Mucha, Vice President of the Villa Del Monte Neighborhood Association and Neighborhood Improvement Program (NIP) Representative, said he supports the growth of business but asked the Planning Commission to consider the impacts the proposed food and beverage sales amendment will have on the Villa Del Monte Neighborhood. He also expressed concern regarding the traffic impacts of the Bi-Rite Market and Bay View Academy, alcohol sales near a school with a playground, and the lack public of notice received by the Villa Del Monte neighborhood regarding the proposed amendment. Commissioner Comments Commissioner Stoker said he supports revising the definition of “Demolition” in the City Code because it will allow for maintenance of historic structures and prevent their Planning Commission Meeting Minutes Tuesday, July 8, 2014 3 Planning Commission Minutes Tuesday, July 8, 2014 demolition. In regards to “Transitional Use,” Commissioner Stocker said the item should be continued to a future meeting for further clarification. In regards to food and beverage sales in the C1 District, Commissioner Stocker said he would like to ensure that intensification of use of existing neighborhood markets does not occur in order to prevent high intensity grocery stores or liquor stores. Chair McCrone said the proposed Ordinance amendment would not expand the current use at Bi-Rite Market and other neighborhood markets, just ratify the existing uses to make them legal non-conforming. In response to Commissioner Davis’ question, Ms. Caraker said convenience markets are currently allowed in the C1 neighborhood with a Use Permit, and that allowing food and beverage sales for would allow groceries, liquor stores and delicatessens. Commissioner Garden said there is no applicable category for the existing neighborhood markets since they are convenience stores that provide prepared food. Chair McCrone said there is consensus among the Commissioners present that food and beverage sales in the C1 District should require a Use Permit. Chair McCrone suggested changing the word “transition” to “temporary.” Commissioner Garden said that the issue of amending the definition for “transitional use” needs more clarification from staff. Commissioner Davis suggested continuing the item for additional staff clarification. Commissioner Garden made a motion to adopt Resolutions recommending that the City Council Certify the Negative Declaration and approve an Ordinance amending Monterey City Code Chapter 38, Article 6, Section 38-28.B C-1 Neighborhood Commercial District (C-1) requiring that existing non-conforming food and beverage sales are conditional uses and require a use permit, amend Chapter 38, Article 3, Section 38-11 to revise the definition of “Demolition” and that “transitional use” in open space is continued to first meeting in August. Commissioner Davis said he previously voted against the existing “demolition” definition so he supports the motion to revise to the definition. On a motion by Commissioner Garden, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission adopted Resolutions recommending that the City Council Certify the Negative Declaration and approve an Ordinance amending Monterey City Code Chapter 38, Article 6, Section 38-28.B C-1 Neighborhood Commercial District (C-1) requiring that existing non-conforming food and beverage sales are conditional uses and require a use permit, amend Chapter 38, Article 3, Section 38-11 to revise the definition of “Demolition” and that “transitional use” in open space is continued to first meeting in August: AYES: 6 COMMISSIONERS: McCrone, Davis, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Osorio ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday, July 8, 2014 4  Planning Commission Minutes Tuesday, July 8, 2014 COMMISSIONERS COMMENTS Commissioner Stocker said he will not be in attendance at the next regularly scheduled Planning Commission Meeting on July 22,, 2014. Chair McCrone said he recently met with City staff and clarified that the per the City Ordinance, bulk and mass of a project can be considered by the ARC on Preliminary Review, but that an exception can be made precluding further adjustment by the ARC any time the Planning Commission or City Council has ruled on height, footprint, bulk and mass issues if a zoning ordinance amendment occurs. Chair McCrone also said the chairs and vice chairs of the Planning Commission and ARC will meet on a date yet to be determined to discuss these issues. Chair McCrone said he is in support of Mayor Dela Sala sending Ms. Dwight a letter regarding her actions following the prior Planning Commission meeting of June 24, 2014. Commissioner Garden said the July 10, 2014 Ligthhouse Specific Plan meeting has been canceled, but the town hall meetings will be held on July 24, 2014 at Scholze Park in the morning and Hilltop Park in the evening, and that the draft Plan may be available online by this date. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Received update  In response to Chair McCrone’s question, Ms. Caraker said the project at 1340 Munras Avenue will not come back before the Planning Commission.  In response to Chair McCrone’s question regarding the Local Coastal Plan, Ms. Caraker said the goal is to combine all Coastal Plans and achieve certification for the City.  Commissioner Garden suggested that Chair McCrone represent the Planning Commission at the City Council appeal for 230 Lighthouse Avenue. ADJOURNMENT There being no further business, the meeting adjourned at 5:23 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, July 8, 2014 5