Planning Commission Meeting

MINUTES PLANNING COMMISSION AFTERNOON SESSION ONLY Tuesday, January 13, 2015 4:00 pm – 7:00 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: McCrone, Osorio, Davis, Garden, Stocker, Reed, Widmar Commissioners Absent: None Staff Members Present: Principal Planner Cole, Senior Associate Planner Bennett, Recording Secretary, Alicia Salas CALL TO ORDER Chair McCrone called the meeting to order at 4:03 pm. 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: McCrone, Osorio, Davis, Garden, Stocker, Widmar, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. December 23, 2014 ACTION: Approved with amendments ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING Commissioner Davis recused himself from Item 2 and left the room. 2. Consider 220 Olivier Street; Re-Open Use Permit 07-424 (Live Entertainment) for Review and Amendment; Owner Ranjit Kushwaha; Planned Community Downtown Historic Overlay (PC-D-H1) Zoning District; Exempt from CEQA Requirements (Continued from December 9, 2014) Planning Commission Minutes Tuesday, January 13, 2015 ACTION: Approved amending the existing Use Permit, 07-424. Staff Presentation/Commissioner Questions Todd Bennett presented the Agenda Report and answered Commissioners’ questions. Applicant Roy Gunter, attorney for the applicant, said that fire occupancy is not the issue; the issue is noise. The issue, in regards to the patio, is whether or not my client should be allowed ambient music for background use only. Mr. Gunter said the Code does not have a definition for ambient music; as such he defines ambient music as follows, “Background music is that which is not intended as the principal focus as entertainment provided by Indian Summer….” Mr. Gunter state the reason there are nine speakers installed outside on the patio was to level out sound as opposed to using only 2 at a loud volume. Mr. Gunter said he hired a sound expert and the noise that was coming off the patio with the nine speakers was 70 decibels and the increase outside the patio was only by 0.6. He went on to say he could not hear any noise inside the room that was rented by himself at the Portola. He said it was quiet and only when you step outside onto the balcony could you hear the music or anything outside. He said the hotel has not proven that my client is disturbing the peace of any of their guests. Mr. Gunter said the Memorandum Of Understanding has been a constant source of misunderstanding for the Planning Department, the Police, the hotel staff and my client. He said the MOU, by its terms, has expired as of December 31, 2008. The restriction and the MOU were only good for one year and ended in 2008. Mr. Gunter said his client wants to be treated like any other business and want to be able to compete with Peter B’s. We are asking for fairness to compete, fairness to run a business. Commission Osorio asked if the applicant has a sense of how to handle the noise and requires some carefulness in regards to the location next to a hotel. Mr. Gunter said that before the sound expert went out there he would have said to his client to be very careful of the noise that is generated but since then he has realized that the decibel level had only increased by 0.6 and the HVAC is so loud that you have to overcome that decibel level before you can hear the music. Commissioner Garden asked if the customers dance on the patio. Mr. Gunter replied that no but some do get up and dance anyway. Commissioner Garden then asked if the DJ inside ever provides music for outside use on the patio. Mr. Gunter answered yes, but that was back in 2013. Commissioner Garden then asked if the same amplifier was used for the DJ and for the background music played outside. Mr. Gunter responded that there are separate amplifiers for indoor and outdoor. Chair McCrone asked if the applicant had any objection to getting lead training/certification and nonuse of alcohol by staff. Mr. Gunter answered absolutely not. Planning Commission Meeting Minutes Tuesday, January 13, 2015 2 Planning Commission Minutes Tuesday, January 13, 2015 Public Comments Janine Chicourrat, General Manager of the Portola Hotel and Spa, said this has been a long standing problem even before she had arrived at the Hotel. She said she supports the staff’s recommendations. She said the reason our rooms are so quiet is because I convinced the owners to spend over $200,000 to help sound proof the rooms to help control the noise that is entering the rooms but they have continued to ramp up the music over the years, especially in the later hours. She went on to say between January 14, 2012 and January 12, 2015 there had been 126 complaints. She also said that the majority of the calls come after 10 pm and thought staff’s recommendation of a 10 pm stop time was a reasonable request. She also stated she thought that they owed it to the tourist to provide the best experience possible. Ms. Chicourrat stated that even though she did not have to, but in fairness, she would be open to abiding by the same restrictions as Indian Summer, as a good neighbor. Commissioner Garden asked Ms. Chicourrat if she had heard the music herself and if so was it a high frequency sound or a low frequency booming sound. Ms. Chicourrat stated that she can hear the words and that it is a low booming sound. In response to Commissioner Osorio’s question regarding the HVAC unit, Ms. Chicourrat stated they hardly ever get any complaints about the unit. Rick Johnson, Executive Director of Old Monterey Business Association, stated they support staff’s recommendations. He said Old Monterey is on the verge of a real renaissance and over $37 million dollars is being invested to attract visitors and groups to Downtown Monterey. We need to be sure that we are not inviting these groups and visitors to our area only to have them complain and not want to return. He also said that a set of formal rules should be incorporated into the Use Permit so that both sides understand what can and cannot be done, so that guests keep coming back to the hotel, the Conference Center, and the restaurant. Commissioner Garden asked whether Indian summer is a member of the OMBA, Mr. Johnson replied, yes all businesses in the area are members. Sam Martinez, business owner and frequent visitor to both Indian Summer and Peter B’s, said he believes that it is unfair to bring up other issues unrelated to noise issues. He said the owners of Indian Summer try very hard to be a good neighbor, and they have tried come to a mutual understanding with the other businesses. Commissioner Reed disclosed that he represents Mrs. Chicourrat’s husband to which Chair McCrone replied that association would not preclude Commissioner Reed from voting. Commissioner Stocker asked Lt. Jackson how many noise complaints there actually are and where the discrepancies are coming from. He also asked if this was an ongoing situation or an isolated issue. He went on to ask if Lt. Jackson knows how to use a sound meter? Lt. Jackson said yes, he and the other officers know how to use the decibel meter and use it according to the directions. Sgt. Russo said in the past 3 months we have been out to Indian Summer 18 times and had noise complaints as recent as last night (01/12/15) and the majority of the complaints are coming from the hotel. Planning Commission Meeting Minutes Tuesday, January 13, 2015 3 Planning Commission Minutes Tuesday, January 13, 2015 He also said there has been an increase in complaints over the last two years. Sgt. Russo stated in 2013 there were 7 cases and in 2014 there were 26 cases and a few public intoxication arrests and fights. He stated in the evening hours it is more of a bar or night club verses a restaurant. Commissioner Widmar asked about the frequency at which the Police are called out to Peter B’s. Sgt. Russo said we have gone out there but definitely not as often. Commission Member Comment: Commissioner Garden asked what was the basis, in the Municipal Code, for removal of the outside speakers. Planner Cole stated there were provision in the MOU about the speakers and how they were to be handled and clearly they are not being appropriately handled because we are getting more and more calls and complaints. She also stated that the recommendation is based on the existing Ordinance and based on how the speakers are being used as entertainment; they can be required to remove the speakers. Commissioner Osorio asked how the monitoring of the ABC lead training will take place. Planner Cole stated the restaurant will give the city a list of employees and provide certificates that they had complied. If the Police department goes out on an enforcement issue, and if the employee has not had the lead training the city could go back to the applicant to find out if they are a new employee or what the exact situation is with that person. Planner Cole said she believed that it would be enforceable, and that the terms of the new Use Permit are easier to understand and are very specific on how to operate. Commissioner Osorio asked if the City Attorney said the existing MOU is still valid, even though it has expired by its terms. Do you see a need to change the terms. Planner Cole said yes, the City Attorney’s office has reviewed this issue. The City has revised the conditions and is recommending the speakers come off the patio because of the noise complaints. The revised Use Permit provides very specific parameters. Chair McCrone stated the revised Use Permit will supersede any and all that has come before. Commissioner Garden said there is no permit required for ambient music, indoor or outdoor; and we have nothing in the Code that regulates ambient music. He said it is a concern of his that it may not be applicable and does not have any basis in the code to regulate ambient music. Commissioner Widmar said according to the Ordinance at 65 decibels background music is too loud. He said one person’s music is another person’s noise and we cannot discriminate against what is generating a noise complaint. We need to be very specific about the terms of conditions and 6 months review of compliance. Commissioner Stocker said he did not get the feeling from the applicants representative there was any ownership of the problem. He said we have to put a message across to this business to clean up their act or further restrictions will be put into place. He said he supports staff’s Planning Commission Meeting Minutes Tuesday, January 13, 2015 4  Planning Commission Minutes Tuesday, January 13, 2015 recommendations and he would like to see a 6 month review. Chair McCrone said doing business outdoors is a privilege, and you have to be considerate of your neighbors. He said we should also add what the maximum occupancy is as well. Commissioner Reed asked if we should put in place a finding for ambient music/background music that if it rises to the level of amplified music it is now considered to be live entertainment. Commissioner Stocker made a motion to adopt staff’s recommendation and adding the finding regarding ambient music. Chair McCrone seconds the motion. Commissioner Osorio said he believes this business is one of the most successful businesses in town and is very popular. He said the ownership has a huge responsibility to its clients but more importantly it has a huge responsibility to the community. Chair McCrone said he wants to have Peter B’s have the same restrictions. Planner Cole said she was not aware of a way to implement that. Chair McCrone said we can have a six month review that includes whether or not Peter B’s is compiling with similar restrictions. Commissioner Garden said he supports the motion and believes this is one more issue that needs additional clarity and adjustment to the Ordinance. Chair McCrone asked Commissioner Stocker if he would be willing to include in his motion that Peter B’s would need to comply with similar restriction to which Commissioner Stocker stated no because that is not on the Agenda. On a motion by Commissioner Stocker, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission approved amending the existing Use Permit, 07-424. AYES: 6 COMMISSIONERS: McCrone, Osorio, Garden, Stocker, Widmar, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Davis RECUSED: 0 COMMISSIONERS: None Commissioner Davis re-entered the room. 3. Annual Election of Officers and Appointments to Subcommittees Planning Commission Meeting Minutes Tuesday, January 13, 2015 5 Planning Commission Minutes Tuesday, January 13, 2015 ACTION: Planning Commission approved Mr. Osorio as Chair and Mr. Reed as Vice Chair. Staff Presentation/Commissioner Questions Kim Cole presented the Agenda Report and answered Commissioners’ questions. Commission Member Comment: Commissioner Stocker believed that as per the City Council Guidelines for Appointment of Chairs and Vice Chairs, Mr. Osorio should be the Chair and Mr. Reed should be Vice Chair. Planner Cole said that she concurred and agreed with Commissioner Stocker’s assessment. Commissioner Davis made a motion to have Commissioner Osorio as Chair and Commissioner Reed as Vice Chair. Commissioner Stocker seconds the motion. Commissioner Osorio asked Planner Cole about the continuance of the appointments of the subcommittees. Planner Cole said she was asked to provide the Commissioners with a copy of the staff report that was reviewed by the City Council on December 16, 2014 regarding governance and one of the issues that were discussed was whether or not subcommittees should be eliminated. As such, she was asked to have the Commissioners delay the decision of the reappointment to the subcommittees. She then went on to say that some subcommittees cannot be eliminated such as, the Small Subdivision Committee. As such, Planner Cole recommended the Planning Commissioners take no action regarding subcommittees. Chair McCrone stated that having two Commissioners on a subcommittee has been extremely useful especially when dealing with a specialized community. He said he thought the Commissioners should weigh in on the issue with the City Council. Commissioner Garden stated he saw value in serving on these subcommittees but was unsure as to whether staff was of the same feeling. Commissioner Stocker said the Commissioners should be at the City Council meeting to voice support for the subcommittees because he believed that the elimination of the subcommittees at the Planning level is desired. Commissioner Osorio said he thought a discussion with staff about the pros and cons of having these subcommittees was necessary. He said he did not think getting rid of the subcommittees all together was a good idea. He felt a venue with the City Council outside of a public hearing was important. Chair McCrone felt the new Chair should attend the City Council meeting as a representative of the Planning Commission. On a motion by Commissioner Davis, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission approved Mr. Osorio as Chair and Mr. Reed as Vice Planning Commission Meeting Minutes Tuesday, January 13, 2015 6  Planning Commission Minutes Tuesday, January 13, 2015 Chair. AYES: 7 COMMISSIONERS: McCrone, Osorio, Garden, Stocker, Widmar, Reed, Davis NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner Davis stated that he has received numerous calls regarding the Conference Center and was wondering if there was a place online where he could direct the public to go to find the Staff reports and the presentations that were given. Planner Cole said she would relay that message to the Community Outreach and Education Coordinator. Commissioner Garden said he asked for a model and the proposal from the architect be brought to the public as a display in the library but he said he has yet to see that happen. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Update received.  Planner Cole said the next Planning Commission meeting on the 27th of January would likely be canceled and the item set for that meeting would be rescheduled for the February 10th meeting.  She also stated that there are a lot of appeals set for the February 3rd City Council meeting and suggested the Planning Commission might want to send a Commissioner to represent their view points. ADJOURNMENT There being no further business, the meeting adjourned at 5:53 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, January 13, 2015 7