Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, October 14, 2014 4:00 pm - 5:30 pm 7:00 pm - 11:00 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: McCrone, Davis, Garden, Stocker, Reed, Widmar Commissioners Absent: Osorio (afternoon session only) Staff Members Present: Principal Planner Kimberly Cole, Senior Associate Planner Christine Hopper CALL TO ORDER Chair McCrone called the meeting to order at 4:03 pm. CONSENT ITEMS On a motion by Commissioner McCrone, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 5 COMMISSIONERS: McCrone, Davis, Garden, Stocker, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Osorio ABSTAIN: 1 COMMISSIONERS: Widmar RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. September 23, 2014 ACTION: Approved as submitted. Commissioner Widmar abstained from the vote on the minutes due to his absence from the September 23, 2014 meeting. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. Consider 500 Martin Street (Old Monterey Inn); Application 14-229 to Amend Use Permit 78-38 to Allow a Reclassification from a Limited-Occupancy Visitor Accommodation Facility to a Hotel and Motel Use and Eliminating the Condition that the Owner Reside Onsite and to Permit the Addition of One Room to the Existing Facility with No Increase in Floor Area or Parking Requirements; Applicant Jeanne C. Byrne, Architect; Owner Lawrence Havlick; VAF-H2 Zoning District; Exempt from CEQA Requirements (Continued from September 23, 2014 meeting) Planning Commission Minutes Tuesday, October 14, 2014 ACTION: Adopted a Resolution denying permit 14-229 requesting to amend Use Permit 78-38 to allow: a reclassification from a Limited-Occupancy Visitor Accommodation Facility to a Hotel and Motel Use; and the owner/manager unit to be used as an eleventh rental room. Staff Presentation/Committee Member Comments: Christine Hopper presented the Agenda Report and answered Commissioners' questions. Applicant: Tony Lombardo, representing the applicant, said a similar request to reclassify a bed and breakfast to a hotel/motel was approved for the Jabberwock Inn. He said his clients support the Conditions of Approval proposed by staff. Public Comment: Gisela Shields, 480 Martin Street, said she is concerned with the future uses of this site. She said reclassifying this site as a hotel/motel could cause a future increased use and impact in the neighborhood. She suggested the owner explore expanding the owner's living unit on site. Marylyn Moro, resident, said she is concerned about parking and the safety of the neighborhood children. She said the bed and breakfast has never been a problem, but the reclassification of this site could create issues in the future. Ed Sternberg, resident of Fountain Avenue, said the term hotel and motel is cheap. He said the property should maintain the current number of units and the current parking on site. Melisa Vispo said she worries this designation will act as a Trojan horse and the reclassification could allow a future developer to take advantage of the site. She said she is also concerned that the values of neighboring properties will decrease as a result of the reclassification. In response to public comment, Tony Lombardo said this action today would not allow a large hotel and motel on site and would only reclassify the site to allow the property owners to live offsite. He said the site is a historic property and would require extensive review for any future expansion. Committee Member Comments: Commissioner Stocker said he would like the findings in the Resolution to reflect that the Planning Commission's intent was not to allow more than 11 units on site in perpetuity. Commissioner McCrone said the future Commissions will not be tied to the intent of today’s Planning Commission. Commissioner Reed said the finding that reflects the Planning Commission's intent is insurance to allow the future Planning Commissioners to understand the decision making process and reasoning behind the decision rendered. Planning Commission 2 Meeting Minutes Tuesday, October 14, 2014 2 Planning Commission Minutes Tuesday, October 14, 2014 Commissioner Stocker said although the findings are not legally binding they will be helpful for future decisions made on this property. Commissioner McCrone said there is no substitute to an employee on site. He said he believes this was the intent of the City Council when they drafted the owner occupied requirement for bed and breakfasts. He said he is indifferent to requiring the manager to live on site, but it is vital to have an onsite manager 24 hours a day. He said he would support expanding the eleventh unit to allow for a larger living quarters for the owners. Commissioner Davis said the semantics of the charter make this decision making process difficult. He said the proposal before the Commission today is not for a hotel/motel. He said he cannot project all future possibilities on the site and must make his decision on the current proposal. Commissioner Widmar said today’s decision is about a designation and the ongoing, daily operations will not change. He said the likelihood of someone demolishing and reconstructing a hotel/motel on site is unlikely. He said the issue here is whether or not an onsite manager will be present at all times. Commissioner Stocker said the intent of bed and breakfasts in Pacific Grove were to ensure protection and preservation of historic homes in residential areas. He said he is not concerned with the property owner living on site but is concerned with someone being in charge of the site at all hours. He said he does not support approval of this project. Commissioner Reed said the intent of the additional findings for approval recommended to be included in the Resolution is an attempt to meet the concerns of the neighbors and attempt to work a compromise between the owner's needs and the neighborhood's concerns. He said after hearing the continued concern from adjacent property owners he cannot support the proposal. Commissioner Garden made a motion to adopt a Resolution denying permit 14- 229 requesting to amend Use Permit 78-38 to allow: a reclassification from a Limited- Occupancy Visitor Accommodation Facility to a Hotel and Motel Use; and the owner/manager unit to be used as an eleventh rental room. Commissioner McCrone seconded the motion. On a motion by Commissioner Garden, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission adopt a Resolution denying permit 14-229 requesting to amend Use Permit 78-38 to allow: a reclassification from a Limited-Occupancy Visitor Accommodation Facility to a Hotel and Motel Use; and the owner/manager unit to be used as an eleventh rental room. AYES: 5 COMMISSIONERS: McCrone, Garden, Stocker, Reed, Widmar NOES: 1 COMMISSIONERS: Davis ABSENT: 1 COMMISSIONERS: Osorio ABSTAIN: 0 COMMISSIONERS: None Planning Commission 3 Meeting Minutes Tuesday, October 14, 2014 3  Planning Commission Minutes Tuesday, October 14, 2014 RECUSED: 0 COMMISSIONERS: None The afternoon session adjourned at 5:00 pm. Chair McCrone called the evening session to order at 7:04 pm. Commissioners Present: McCrone, Davis, Garden, Stocker, Reed, Widmar, Osorio Commissioners Absent: None Staff Members Present: Principal Planner Kimberly Cole, Principal Planner Elizabeth Caraker, Traffic Engineer Rich Deal CONTINUED PUBLIC COMMENTS Sam Rashkin, economic consultant, said the change of use at 380 Alvarado Street, from Olio Vintage Fun to a community policing station, is not ideal for a tourist targeted retail zone. He requested this change of use be agendized for discussion and public comment before the Planning Commission. STUDY SESSION 3. Waterfront Master Plan Staff Presentation/Commissioner Questions: Elizabeth Caraker presented the Agenda Report and answered Commissioners' questions. Public Comment: Henry Ruhnke, WRD, said the Museum of Monterey is a central connection between the Waterfront and the Downtown Areas and it would be an ideal location for a visitor information center that allows patrons to explore the amenities in Monterey. He said this area could also connect with shuttle service and requested the Commission discuss this possible reuse. Sandy Freeman, landscape designer, said the Nelson and Nygaard parking study identifies the downtown garages for future parking for both the Downtown and Waterfront but the garages are also being considered for future location of the MST Transit Station. She said the need for green space, landscaping and bicycle and pedestrian passage through the area is long overdue and a qualified landscape architect could produce a plan that removed no more than 100 spaces. She said the removal of 65 spaces could allow a nice green space. Sam Rashkin, economic development consultant, said he attend numerous community meetings and the community did not express interest in removing parking. He said adequate, convenient parking is arguably the most important factor in economic success. Planning Commission 4 Meeting Minutes Tuesday, October 14, 2014 4 Planning Commission Minutes Tuesday, October 14, 2014 He said there is a perception that there is an anti-business bias from the Planning Commission chair and requested the Chair recuse himself or refrain from anti business sentiment. Anthony Lombardo, on behalf of Fisherman's Wharf Company, said there was direction to present an alternative to reduce the number of eliminated parking spaces. He said this plan does not meet the parking standards of the city, he said the leases also require the parking spaces be maintained as is. He said his clients still cannot support this proposal and are looking for alternatives. He requested that the Commission provide alternatives for consideration. John Shown, resident, said there needs to be more free parking in the Waterfront area. He said removing parking and putting in open space is not ideal. Sam Balistreri said he has seen numerous changes around Fisherman's Wharf. He said the emphasis needs to be on circulation and when you deter parking you deter business. Dutch Meyer, Monterey Bay Sailing, said uses in this area are equipment intensive and many patrons of the area cannot lug their equipment across long distances and through parking garages. He said he supports the plan’s intent of connecting the downtown area with the waterfront. He said he doesn’t support a parking garage next to the waterfront. The city should complete the parking garage at Heritage Harbor. Merry Alice Fettis, Fisherman's Wharf Association, said the use of the east and west garages will increase as a result of the Downtown Specific Plan. She said people need convenient parking and as is there is not adequate parking for the peak summer months. Ed Smith, resident, said the sustainable fishing industry has been overlooked, he is concerned about the proposed roundabout at the entrance at Wharf II and he is not in favor of the additional buildings on Wharf II that would block views or access. He also said the pedestrian bridge should not include vehicular traffic. Commissioners' Comments: Commissioner McCrone said the plan was a result of a five year process that included well attended community workshops with participation from all types of community members. He said workshop attendees' comments were collected and incorporated into the plan, unless deemed impractical, and there was community consensus that there should be a multiuse area in the Waterfront. He said while adjusting the plan they must keep in mind the community member’s ideas. Commissioner Stocker said the breadth of parking that will be removed can be explored in the Environmental Impact Report (EIR). He said the Nelson and Nygaard presentation left him with the impression that the Waterfront area does not have adequate parking. He said there is room for eliminating some parking and beautifying the area. He said he wants the light rail terminal removed from the map and would like the EIR to move forward. He said h e enjoys the bridge as long as it does not eliminate too many parking spaces. Planning Commission 5 Meeting Minutes Tuesday, October 14, 2014 5 Planning Commission Minutes Tuesday, October 14, 2014 Commission Garden said the Programs and Goals are reasonable and originated from community members. He said if every project is fully implemented, there will be adequate parking. He said the Nelson and Nygaard presentation reinforced the idea that there will be adequate parking if programs are implemented that repurpose parking and increase its efficiency. Commissioner Davis said he has always felt the area has suffered from a design issue. He questioned the usefulness of the site plan. In response to Commissioner Davis, Ms. Caraker said the site plan is not necessary to conduct the environmental analysis. Commissioner Davis said the site plan has taken the focus off of the projects and goals and the discussion should be centered on these two aspects of the plan. Commissioner Widmar said none of the goals in the plan include a goal for a new parking garage. He said when they looked at the Downtown Specific Plan they did not decide where the locations of outdoor seating would be. He concurred with Commissioner Davis about the site plan and said the discussion should be centered on what is best for the community and the intent is to establish a framework that enables professionals to use their creativity to produce the best product. The Commission reached a consensus that the terminal should be removed from the site plan and the list of projects. Commissioner McCrone recommended eliminating the project to relocate the Kayak building to the bayside of Wharf II and instead require that a new location for the Kayak building be explored; he said the restroom should be located closer to the beach to minimize any loss of parking and the educational kiosks should be moved from Wharf II to the Museum of Monterey or Wharf Depot and design green space and Scott Street extension to minimize parking loss. Commissioner McCrone said he supports the idea of a visitor’s center. He suggested they explore adding another project to reroute Scott street so it creates a curve and allows additional parking spaces. He said parking is not a problem 10 months of the year and the circulation component is essential. The removal of some projects would free up parking spaces. Commissioner Reed said he is not in support of the proposed circulation. In response to Commissioner Reed, Traffic Engineer Rich Deal and Principal Planner Elizabeth Caraker said this circulation plan was an attempt to fix a poor intersection. Mr. Deal said numerous alternatives did not work and moving the recreation trail to the north increases safety and functionality. Ms. Caraker said the Monterey Fishing Community Sustainability Plan plan is incorporated in the Waterfront Master Plan. Commissioner Osorio said he is unsure they are ever going to reach consensus. He said the Wharf merchants have told the Commission they would not like to lose any parking spaces. He concurred with Commissioner Davis that this is largely a design issues and Planning Commission 6 Meeting Minutes Tuesday, October 14, 2014 6  Planning Commission Minutes Tuesday, October 14, 2014 said the Commission should remain focused on the intent of the plan. The Commission reached consensus to remove the light rail from the plan, remove the map from the plan, eliminate projects associated with three new buildings on Wharf II, make the language clear that they will explore an additional location in a general area but not on Wharf II and remove the restroom from Wharf II and locate in a general area. Commissioner Garden said the trees and wheel stops should be removed. Commissioner Stocker said the Planning Commission needs to make a statement about the appropriate number of parking spaces to remove. The Commission was in consensus that there should be some "people only" space with size and shape undetermined Commissioner Osorio said the frame is provided and the projects must support the goals. Commissioner Reed said the language in Project B.1.a should be changed from”constructing" to "developing" additional adjacent parking. He said the consensus has been reached on the construction of additional parking. COMMISSIONERS COMMENTS Garden said they are continuing with the lighthouse specific plan community meeting and are analyzing the details now. Commissioner Osorio requested that Principal Planner Cole follow up on Code Compliance issues regarding Mickey Mouse at the Custom House Plaza. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Report received ADJOURNMENT The meeting adjourned at 9:27 pm. Planning Commission 7 Meeting Minutes Tuesday, October 14, 2014 7 Planning Commission Minutes Tuesday, October 14, 2014 Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission 8 Meeting Minutes Tuesday, October 14, 2014 8