Planning Commission Meeting

MINUTES PLANNING COMMISSION Thursday, November 13, 2014 Evening Session Only 7:00 pm -11:00 pm COLTON ROOM MONTEREY CONFERENCE CENTER 1 PORTOLA PLAZA MONTEREY, CALIFORNIA Commissioners Present: McCrone, Osorio, Davis, Garden, Stocker, Reed, Widmar Commissioners Absent: None Staff Members Present: Principal Planner Kimberly Cole, Principal Planner Elizabeth Caraker, Lieutenant Sonne CALL TO ORDER Chair McCrone called the meeting to order at 7:10 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: Osorio, Davis, Garden, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 2 COMMISSIONERS: McCrone, Stocker RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. October 28, 2014 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. 2. Consider 1231 Tenth Street - Use Permit Amendment P-13-512 to Amend Use Permit 97-48 to Allow Overnight Boarding for Dogs at an Existing Dog Day Care Facility. Owner: Tim Corbett. Applicant: Joel Jensen. C2-D2 Zoning Designation; Exempt from CEQA Requirements. ACTION: Approved Use Permit P-13-512 to Amend Use Permit 97-48 to Planning Commission Minutes Thursday, November 13, 2014 Allow Overnight Boarding for Dogs at an Existing Dog Day Care Facility located at 1231Tenth Street. Staff Presentation/Committee Member Questions Elizabeth Caraker presented the Agenda Report and answered Commissioners’ questions. Applicant: Anthony Davi, representing Joel Jensen, said the business has support from the neighboring residential properties and the business could not survive if it did not include animal boarding. Joel Jensen, applicant, said his standard operating procedures include letting a maximum of two dogs out at a time to minimize barking and noise issues. Public Comment: Joseph Button, adjacent resident at 241 Ninth Street, said he has not experienced any noise issues and supports the project. Justine Devine, adjacent resident at 1221 Ninth Street said he has no complaints with the business operations and that the business owner is proactively attempting to attenuate noise issues. Doctor Tom Williams, owner of Agujito Veterinarian Hospital, said he has experienced issues with noise from the business at 1231 Tenth Street. He asked that the noise be limited on the weekends, early morning and nights, the hours be set to 7 am – 7 pm and the areas where dogs are boarded be insulated. Anthony Davi said support from the neighbors shows that noise has not been an issue and the sound measures that will be implemented will further alleviate any noise issues. Committee Member Comments: Committee Member comments: In response to Commissioner Stocker's question, Ms. Caraker said the Use Permit can be reopened and reviewed if the noise concerns become an issue. In response to Commissioner Davis’ question, Ms. Caraker said a dog boarding business in an alternate location surrounded by condominiums has been in the City of Monterey operating without any complaints. In response to Commissioner Widmar’s concern that there is no limitation on the number of dogs permitted in the facility, Ms. Cole said there is no standard by which to limit the number of animals and an excessive number of animals in the facility could trigger a health and safety issue and allow the business operations to be reviewed. In response to Commissioner questions, Lieutenant Sonne said the Police Department dispatches officers, trained as animal control officers, to deal with dog barking complaints. Commissioner Garden said he is satisfied that if the applicant implements the mitigation measures sound issues will not be a problem. Planning Commission Meeting Minutes Thursday, November 13, 2014 2  Planning Commission Minutes Thursday, November 13, 2014 Commissioner Garden made a motion to approve Use Permit P-13-512 to Amend Use Permit 97-48 to Allow Overnight Boarding for Dogs at an Existing Dog Day Care Facility located at 1231 Tenth Street. Commissioner Stocker seconded the motion. Commissioner Osorio said he hopes the noise attenuation will be implemented prior to the six month review. On a motion by Commissioner Garden, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission Approved Use Permit P-13-512 to Amend Use Permit 97-48 to Allow Overnight Boarding for Dogs at an Existing Dog Day Care Facility located at 1231 Tenth Street. AYES: 7 COMMISSIONERS: McCrone, Osorio, Davis, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Consider 315 Calle Principal; Use Permit 14-367 for Food and Beverage Sales Including a Type 21 Liquor License; Applicant Rodney J. Riggs; Owner JMDJ Co.; Planned Community Downtown PC-D; Exempt from CEQA Requirements ACTION: Continued this item to the December 9, 2014 meeting to allow staff to return with Conditions of Approval that alleviate concerns relating to alcohol sales. Staff Presentation/Committee Member Questions: Kimberly Cole presented the Agenda Report and answered Commissioner’s questions. Applicant: Rodney Riggs, applicant, said he has owned a business with a liquor license on Cannery Row for 18 years with no problems. He said his business operations have passed a number ABC inspections, and all hard alcohol will be placed behind the counter. He also said he will forgo the sale of “mini drinks.” In response to Commissioner Reed's question, Mr. Riggs said 20% of all sales are alcohol sales. Public Comment: Mike Moratta, said 449 Calle Principal needs a successful tenant and he believes Mr. Riggs’ business could successfully operate at this location. Mr. Moratta encouraged the Commission to allow alcohol sales on this site. Judy Moratta said four months ago several property owners in the downtown area came together to hire a security guard and this has resulted in significant improvements. She said this has caused the majority of the transient population to relocate. She said the Planning Commission Meeting Minutes Thursday, November 13, 2014 3 Planning Commission Minutes Thursday, November 13, 2014 remaining transient population will not be able to afford the high end alcohol Mr. Riggs will be selling. Commission Member Comments: Commissioner Stocker said there is no way of knowing if the offsite sales are linked to the number of alcohol related arrests in the downtown area. Commissioner McCrone said the Commission recently adopted a Resolution allowing a liquor license in the downtown area at 426 Alvarado Street and none of these statistics highlighted the overconcentration of alcohol licenses were presented. He also said limiting the mini alcohol bottles will help alleviate concerns. Commissioner Widmar said the proposed business is not a liquor store and is a retail establishment. He said it would be a good fit for this location. Commissioner Stocker said the hours of operation should be limited. Commissioner Osorio said that he has concerns with the projects consistency and the vision of the recently adopted Downtown Specific Plan. He also said that he has concerns with the neon lights advertising the sell of liquor at that site. He said that he has an overall concern with the additional sales of liquor downtown. Commissioner Hansen said the property owners are willing to help if the tenant at this space becomes an issue and said limiting the placement of the liquor in the facility might help alleviate concerns. Commissioner Stocker made a motion to continue this item to the December 9, 2014 meeting to allow staff to return with Conditions of Approval that alleviate concerns relating to alcohol sales. Commissioner McCrone seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission continued this item to the December 9, 2014 meeting to allow staff to return with Conditions of Approval that alleviate concerns relating to alcohol sales. : AYES: 7 COMMISSIONERS: McCrone, Osorio, Davis, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Thursday, November 13, 2014 4  Planning Commission Minutes Thursday, November 13, 2014 4. (Presentation continued from Joint HPC/PC Meeting 11-13 4:00 pm) - Consider Downtown Specific Plan Amendments - Recommendation to the City Council to Adopt Amendments to the Downtown Specific Plan that will: 1) Add Amplified Music/Sound as a Conditional Use, 2) Allow Single-Family Parking as a Permitted Use; 3) Add Indoor Vehicle Sales as a Permitted Use, 4) Add Design Guidelines for the National Historic Landmark District, awnings, and lighting; and 5) Add Related Definitions as Necessary and Amend the Definition of "Story." Planned Community - Downtown Zoning District; Commercial General Plan Designation. Downtown Specific Plan Mitigated Negative Declaration Addendum Filed. Staff presented the amendments to the Downtown Specific Plan and answered Committee Members' questions. COMMISSIONERS COMMENTS Commissioner Garden said the Lighthouse Specific Plan Subcommittee will meet on November 20, 2014 to discuss the draft plan. Commissioner McCrone announced Commissioner Osorio has volunteered to take part in the Villa Del Monte Neighborhood Revitalization Plan. Commissioner McCrone said Downtown Outdoor seating areas were indented as a trial project and the city has not developed a standard to regulate them. INFORMATIONAL REPORTS & STAFF COMMENTS 5. Planning Office Update  Report received  The Planning Office received a $35,000 grant for our Local Coastal Plan from the California Coastal Commission and the Ocean Protection Council will vote to appropriate an additional $200,000 on December 2, 2014.  The Planning Office was featured in the Land Watch Report. The report praised the concept of the Planning Office update report and a fieldtrip. ADJOURNMENT The meeting adjourned at 9:15 pm. Planning Commission Meeting Minutes Thursday, November 13, 2014 5 Planning Commission Minutes Thursday, November 13, 2014 Respectfully Submitted, Approved, Kimberly Cole Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Thursday, November 13, 2014 6