Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, May 26, 2015 4:00 pm - 5:30 pm 7:00 pm - 11:00 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: McCrone, Osorio, Davis, Garden, Stocker, Widmar Commissioners Absent: Reed Staff Members Present: Principal Planner Kimberly Cole, Senior Associate Planner Todd Bennett, Chief of Inspection Services, John Kuehl, and Recording Secretaries Jenny Leinen and Alicia Salas CALL TO ORDER Commissioner McCrone called the meeting to order at 4:04 pm. (Chair Osorio and Vice Chair Reed were not present). CONSENT ITEMS On a motion by Commissioner Widmar, seconded by Commissioner Garden and carried by the following vote, the Planning Commission approved the CONSENT ITEMS. 1. Consider for Recommendation to the City Council the Draft 2015-2020 Consolidated Plan and 2015-2016 Action Plan Programs and Budget for Community Development Block Grant (CDBG) and Housing Programs; Applicant City of Monterey; Exempt under federal National Environmental Policy Act (NEPA) guidelines, and State of California Environmental Quality Act (CEQA) guidelines (Continue to the June 9, 2015 Planning Commission meeting.) ACTION: Continued to June 9, 2015 AYES: 6 COMMISSIONERS: Osorio, Davis, Garden, McCrone, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 2. May 12, 2015 ACTION: Approved as amended. Commissioner McCrone requested that the word “added” be changed to “revised” in the second to last sentence of the first paragraph under Commissioner Comments on page 14 regarding item #4. Commissioner McCrone requested that on page 7 the motion maker and the motion seconder be switched to reflect that Commissioner Garden made the motion and Commissioner McCrone seconded the motion.  Planning Commission Minutes Tuesday, May 26, 2015 Commissioner Stocker abstained from voting on the minutes due to his absence from the May 12, 2015 Planning Commission meeting. AYES: 5 COMMISSIONERS: Osorio, Davis, Garden, McCrone, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 1 COMMISSIONERS: Stocker RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING Commissioner Stocker recused himself from Item 3 due to a conflict of interest and left the room. 3. Consider 10-15 Ryan Court Subdivision 15-127 of One 6.94 Acre Lot into Two Lots (1.75 acre and 5.19 acres) and Condominium Plan; Applicant Ernie Lostrom ; Owner 10 Ryan Court Investors, LLC. Dennis Chambers Managing Member ; I-R-150-D2 Zoning District; Exempt from CEQA ACTION: Adopted a Resolution approving subdivision 15-127 of one 6.94 acre lot into two lots (1.75 acre and 5.19 acre) and Condominium Plan. Staff Presentation/Commissioner Questions Kimberly Cole presented the Agenda Report and answered Commissioners’ questions. Applicant Ernie Lostrom, applicant, said if the Commissioners have any questions for him or surveyor Dave Edson they are happy to answer them. Public Comments None. Commissioner Comments Commissioner Davis made a motion to adopt a Resolution approving subdivision 15-127 of one 6.94 acre lot into two lots (1.75 acre and 5.19 acre) and Condominium Plan. Commissioner Widmar seconded the motion. On a motion by Commissioner Davis, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission approved subdivision 15-127 of one 6.94 acre lot into two lots (1.75 acre and 5.19 acre) and Condominium Plan. AYES: 5 COMMISSIONERS: Osorio, Davis, Garden, McCrone, Widmar NOES: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday, May 26, 2015 2  Planning Commission Minutes Tuesday, May 26, 2015 ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Stocker Commissioner McCrone recused himself from Item 4 and left the room. 4. Recommend 2015/2016 Capital Improvement Program and Neighborhood Improvement Program Consistency with the General Plan, Neighborhood Plans, Area Plans, and Coastal Plans to the City Council Ms. Cole introduced Fernanda Roveri, as a new planner in the Planning Office. Ms. Cole also said she made an error and attached the wrong Resolution to the staff report in the published packet. A new Resolution is at the dias. Ms. Cole said if the Commissioners or the public needs more time to consider the issue she would be willing to continue the item. She said the Staff Report was accurate but the Resolution was incorrect. ACTION: Adopted a Resolution recommending the 2015/2017 Capital Improvement Program (CIP) and 2015/2016 Neighborhood Improvement Program (NIP) is consistent with the General Plan, Neighborhood Plans, Area Plans and Coastal Plans to the City Council. Staff Presentation/Commissioner Questions Fernanda Roveri presented the Agenda Report and answered Commissioners’ questions. Jeff Krebs, Principal Engineer, was also present and answered Commissioners’ questions. Public Comments None. Commissioner Comments Commissioner Garden made a motion to adopt a Resolution recommending the 2015/2017 Capital Improvement Program (CIP) and 2015/2016 Neighborhood Improvement Program (NIP) are consistent with the General Plan, Neighborhood Plans, Area Plans and Coastal Plans to the City Council. Commissioner Stocker seconded the motion. On a motion by Commissioner Garden, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission recommended the 2015/2017 Capital Improvement Program (CIP) and 2015/2016 Neighborhood Improvement Program (NIP) are consistent with the General Plan, Neighborhood Plans, Area Plans and Coastal Plans to the City Council. AYES: 5 COMMISSIONERS: Osorio, Davis, Garden, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: McCrone The afternoon session adjourned at 4:26 pm. Planning Commission Meeting Minutes Tuesday, May 26, 2015 3  Planning Commission Minutes Tuesday, May 26, 2015 RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m. Chair Osorio reconvened the evening session at 7:00 pm. CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING 5. Consider 479 Alvarado Street; Re-Open Use Permit 11-154 (Live Entertainment) for Required Permit Review; Owners William & Laura Stahl, Trustees; Planned Community Downtown (PC-D) Zoning District; Exempt from CEQA Requirements ACTION: Adopted a Resolution amending an existing Use Permit in response to improved business operations and compliance with adopted Conditions of Approval. Staff Presentation/Commissioner Questions Todd Bennett presented the Agenda Report and answered Commissioners’ questions. Lt. Marty Hart answered Commissioners’ questions as well. Applicant Anthony and Alex Buich, introduced themselves as the owners of Bull and Bear, Anthony Buich said it has been a long road but it’s been a full circle moment to find out that we are not unique and to hear that everyone, i.e. the Planning and Police departments and us, are moving in the right direction. He said that now there is talk of having a quarterly meeting that would include night life owners and security staff to meet and communicate with each other so everyone is on the same page. He went on to say it was a very hard three months and a hard price to pay but feels everyone is moving in the right direction. Public Comments Jerry Anderson of Saucito Land Company which owns the land next door, said staff has indicated, in their report, that the owners have done all they are supposed to do and are in compliance and said he supports staff’s recommendations. Commission Member Comments Commissioner Stocker made a motion to approve the staff report as recommended. He said if the Planning staff is coming back with these recommendation and the police are in support, then he’s happy. Commissioner McCrone seconded the motion and suggested it was time to develop a program for drinking establishments to communicate with each other and put each other on notice as to the rowdy customers coming and going from each establishment. Chair Osorio said his statement is the same as last time. He said it is a huge responsibility as one of the more known establishments in downtown to keep up their efforts. He also reminded Planning Commission Meeting Minutes Tuesday, May 26, 2015 4  Planning Commission Minutes Tuesday, May 26, 2015 the owners of the amount of time and effort put forth by staff and hoped that this was the end of the issue. On a motion by Commissioner Stocker, seconded by Commissioner McCrone, and carried by the following vote, The Planning Commission adopted a Resolution amending an existing Use Permit in response to improved business operations and compliance with adopted Conditions of Approval. AYES: 6 COMMISSIONERS: Osorio, Davis, Garden, McCrone, Widmar, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 6. Consider 799 Archer Street Appeal 15-159 of Staff Decision to Deny Request to Legalize Three Undocumented Dwelling Units; Appellant/Owner Laurie Hambaro; R-1-5 Zoning District; Exempt from CEQA ACTION: The Planning Commission approved the Appeal 15-159 and asked staff to return to the June 9th, 2015 Planning Commission with language consistent with the following findings to support the legalization of three undocumented dwelling units: (1) telephone records prior to 1964, (2) building permit issued for four garages, (3) the water credits, (4) the Sandborn maps, (5) testimony of people who are familiar with the neighborhood and/or friends or relatives who lived at the site before 1964, (5) legalization of this unit does not impact surrounding properties and does not have life safety issues, (6) other properties in this block of Archer that have multiple units in the same zoning area and two special conditions as follows: (1) up to three units only and (2) a new building permit consistent with the current Building and Municipal Code must be submitted. Staff Presentation/Committee Member Questions Kim Cole presented the Agenda Report and answered Commissioners’ questions. Appellant Laurie Hambaro, with her son Garrett Hambaro, property owner said she submitted the plot plan of two parcels. She said the building takes up less than a quarter of the parcel. She said she was alive when it was built and it was built as four units. She believes her grandma didn’t know she couldn’t build the apartments because she was only a block up from the multi-family residential zone. She said the units were built, inspected, and occupied and then a few years later a building inspector noticed at least three apartments. She said her uncle had the modification made and they were allowed and approved by the city. She went on to say that when she took over the building in 2011 she was never cited by the City or made aware of the fact that the use was inappropriate. She said she didn’t see the purpose of the interconnected stairs since she had an outside stairs that worked perfectly well all these years. She said the beams in rafters have never been cut to indicate that the floors were interconnected. She was advised that she could legalize units and needed to take certain steps to make that happen. She said in 2010 after the fire, her mother was not asked to change the use but was asked to make it safe. She said after her mom died she started to renovate the house because it was old, and at that time she found out she has a lot of water credits. Commissioner McCrone asked if the water credits have been documented. Planning Commission Meeting Minutes Tuesday, May 26, 2015 5 Planning Commission Minutes Tuesday, May 26, 2015 . Ms. Hambaro said yes they are documented and should be in the city file. She had water management come out to a fixture count when she took over the building. Commissioner Garden asked if Ms. Hambaro’s mother paid taxes on the income generated from the rental units. Ms. Hambaro said she was sure that the taxes were paid but does not have any records. Commissioner Garden asked Ms. Hambaro if she had the paid taxes on the income generated since taking over the property. Ms. Hambaro said yes but clarified that she was given incorrect information regarding the status of the people living there so she moved out all the tenants and moved in relatives. She said there has been a lot of miscommunication and would like the Planning Commission to allow these apartments as she doesn’t have a personal need for 3,500 square feet of house. Garrett Hambaro, son of the property owner, read the letter of New Monterey Neighborhood Association President, Sharon Dwight into the record that supported multiple onsite untis. Mr. Hambaro said the four unit apartments were constructed in 1956 without an internal staircase, and he doesn’t know of any evidence that the Planning department presented to indicate the previous owners needed to change the building back into a single family dwelling. He said it’s been that way for almost 60 years. Commissioner MCcrone asked if Ms. Hambaro is able to prove how many lots of records or does she have a title report or a guarantee. Mr. Hambaro said they currently do not have one but would be willing to get one. Ms. Hambaro asked if the parcel map put out by the county assessor was adequate proof of lots of record. Chair Osorio replied that technically speaking, assessor parcel numbers do not necessarily reflect lots of records, and then went on to explain to Ms. Hambaro the process of finding out the title history from the title company. Public Comments None. Commissioner Member Comments Commissioner McCrone said he was impressed by the City Council resolution regarding this matter. He said they put a value on recognizing units that have been in use for some time and the need for low income housing. He said he wants to see the lots of record. He said he thinks two if not three apartments could be recognized because of the two lots of record. He went on to say because of the peculiar topography of the lot and four car garage built in 1955, he would be inclined to say that there could be at least two, if not three, units that could be grandfathered in. Chair Osorio asked Commissioner McCrone how he came to this conclusion. Commissioner McCrone said based on the phone records pre-1964, the four car garage, on the Planning Commission Meeting Minutes Tuesday, May 26, 2015 6 Planning Commission Minutes Tuesday, May 26, 2015 fact that there are at least two lots of records, the topography of the lot, and said he would like to feel satisfied with regards to the lots of records. Chair Osorio asked Ms. Cole how would the lots of records help and is there a benefit. Chair Osorio asked if there are two lots of record, if the units would need to straddle the property line? He said that the units are on one lot so he didn’t believe that the lots of record would be a factor in this case. Commissioner McCrone said the granite outcropping was there in 1964 along with the four car garage makes it significant and why the lot was developed the way it was. He said the City Council Resolution says the illegal units in primarily multi-family zones that do not impact surrounding property and do not have life safety issue provide much needed housing opportunities. Commissioner McCrone said he has been persuaded that there were multiple units at this site before 1964. Commissioner Stocker clarified that only the evidence that should be considered is from pre- 1964. Commissioner Stocker said he did find it interesting that the property tax record from 1978 only show two kitchens not four but clearly there were multiply units early on. He said if there was a letter to support that; it was not found and sometimes that happens. Commissioner Stocker said he supports that there has been multiple units. The next step should be to determine how many should there be. Commissioner McCrone asked if there was any plan in the file regarding the multiple car garages. Ms. Cole shook her head no in response to Commissioner McCrone’s question. Commissioner Davis said he agrees with Commissioner Stocker but would like to know what the water district found. He said the district would not let them build in excess of what they have documented. He said maybe we will be limited by the water credits to determine how many units should be allowed, if we agree that there were multiple units prior to 1964. Commissioner Garden said he thinks this was a nonconforming use of a multi-family residential property in a single family residential zoned area, and believes there are adequate tools to make the finding that there were at least three rental units prior to 1964 and we can legitimatize them. Commissioner Widmar said he is still not sure how many units Ms. Hambaro is requesting. He said the drawings show only two units downstairs and said he is unsure of what is on the top floor. He agrees with Commission Davis regarding water district and the water credits. He went on to say that whatever motion is made needs to take into account that we are not approving a specific number of units, necessarily and that the applicant follows through and builds for those number of units given the history of miscommunication regarding what’s being built versus the plans being submitted. Commissioner Garden said he thought the request was for three rental units, one upstairs and two downstairs. He said he thought there were four rooms rented some without a kitchen. He Planning Commission Meeting Minutes Tuesday, May 26, 2015 7 Planning Commission Minutes Tuesday, May 26, 2015 said if there is sufficient evidence to find that there were rental units prior to 1964, then maybe the Planning Commission could do away with requirement of inside staircase. Ms. Cole said the water credits for this site are 6 wash basins, 6 toilet, 6 bath tubs, 2 sinks, 2 bar sinks. Commissioner McCrone made the motion to approve the appeal with the condition of three units only. Commissioner Garden seconded motion. Chair Osorio said the motion will have to include how these five items are being complied with. Commissioner McCrone said we don’t have to find that the five items are being complied with but we need to find that based upon this criterion we have been persuaded that these units existed since 1964 as the findings be (1) telephone records prior to 1964, (2) building permit issued for four garages, (3) peculiar shape of lot and the topography with the exposed granite, and (4) the water credits. Commission Stocker asked about the date of the Sandborn maps. Ms. Cole said it is from 1962. Commissioner Stocker asked Commissioner McCrone to take out of his motion #3 regarding the granite outcropping and replace it with, “…because of the Sandborn map.” Commissioner McCrone said he would be ok with that adjustment to his motion. Commission Garden said he would like one of the findings to be the testimony of people who are familiar with the neighborhood and/or friends or relatives who lived at the site and can indicate that there have been rental units since before 1964. Commissioner McCrone said he would add that to his motion and wants to add an additional finding that the legalization of this unit does not impact surrounding properties and do not have life safety issues. Commissioner Widmar said he would like to add an additional finding as well and that would be that other properties in this block of Archer that have multiple units in the same zoning area. Commissioner McCrone said he would add the finding of Commissioner Widmar to his motion as well. Commissioner Garden said he agrees with the list of findings. John Kuehl, Building Official, said there are huge differences between a two unit versus a three unit building from a building code perspective and the fire life safety issue. He said at three units the applicant would have to comply with building codes and not residential codes. He said the fire life safety issue as it relates to code compliance, there will be a substantial amount of construction required to make this building comply. Commissioner Stocker asked if the commission could say “…at most three units” and wouldn’t Planning Commission Meeting Minutes Tuesday, May 26, 2015 8 Planning Commission Minutes Tuesday, May 26, 2015 owner have to work with the building department to determine if two or three units is easier to bring this up to code because they will need to bring this up to code. Mr. Kuehl said the motion should include that the applicant must comply with current building code requirements as of today for the number of units they are requesting. He said that it would make it clear as to what rules he should follow because this plan will have to be revised. Commissioner Garden said added a special condition that a new building permit must be submitted by the applicant. Ms. Cole said that going forward she wants to be very clear regarding this property and would like to bring back the revised Resolutions. She said she wants to be very thoughtful and careful to be able to capture the Planning Commission discussion. She said that while they are able to approve tonight she will be bring back the Resolution at the next meeting for formal consideration by the Planning Commission to ensure that she has documented everything accurately. Chair Osorio asked Ms. Cole if Commissioner McCrone would need to change his motion. Ms. Cole said if approved tonight, the Resolution will have to accurately reflect the decision tonight, and cannot be change. She went on to say if you continued until the next meeting you can add, delete or change a condition. She said either way, she wanted it to be written and confirmed as to what happen tonight. Commissioner McCrone added to his motion that staff will present at the next meeting a drafting of the language consistent with theResolution. Chair Osorio said he was not comfortable that all the records had been presented that were pre- 1964. He said he felt that these five criteria had not been met, and along with the fact that there is no record from the city, made him uncomfortable with granting the appeal. On a motion by Commissioner McCrone, seconded by Commissioner Garden, and carried by the following vote, The Planning Commission approved the Appeal 15-159 and asked staff to return to the June 9th, 2015 Planning Commission with language consistent with the following findings to support the legalization of three undocumented dwelling units: (1) telephone records prior to 1964, (2) building permit issued for four garages, (3) the water credits, (4) the Sandborn maps, (5) testimony of people who are familiar with the neighborhood and/or friends or relatives who lived at the site before 1964, (5) legalization of this unit does not impact surrounding properties and does not have life safety issues, (6) other properties in this block of Archer that have multiple units in the same zoning area and two special conditions as follows: (1) up to three units only and (2) a new building permit consistent with current Building an Municipal Code must be submitted. AYES: 5 COMMISSIONERS: Davis, Garden, McCrone, Widmar, Stocker NOES: 1 COMMISSIONERS: Osorio ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC APPEARANCE Planning Commission Meeting Minutes Tuesday, May 26, 2015 9  Planning Commission Minutes Tuesday, May 26, 2015 Commissioner Davis recused himself from Item 7 and has left the room. 7. Consider 1 Ryan Ranch Road Concept Review of Improvements to an Existing Operations and Maintenance Facility for Monterey Salinas Transit; Applicant/Owner Monterey-Salinas Transit; Planned Community Zoning District; Mitigated Negative Declaration Proposed Staff Presentation/Commissioner Questions Kim Cole presented and took Commissioner questions. Applicant Hunter Harvath, Assistant General Manger of Finance and Administration for MST and Lisa Rheinheimer, Director of Planning and Development, gave a presentation to the Planning Commission. Public Comments None. Commission Member Comments Commissioner Stocker asked how does this proposal alleviate the problem of busses being stored in Salinas versus being stored in Monterey. Mr. Harvath said it does not solve the problems but it does help. Commissioner Stocker asked if the goal was to convert the building into a more efficient maintenance and operations facility. Mr. Harvath concurred. Commissioner Garden asked what decision would be requested of the Planning Commission and the Architectural Review Committee in July. Ms. Rheinheimer said we would need an amendment to the site’s Use permit from the Planning Commission and design review and the tree removal permit from the ARC. Commissioner Garden said he had hoped this would increase the amount of buses on the peninsula. Mr. Harvath said with the money saved could free up to invest in additional bus services. COMMISSIONERS COMMENTS Commissioner Garden said the Lighthouse Specific Area Plan is continuing on schedule. He said the last meeting was a good mix of property and business owners. He said staff is working on Chapter 5 and the draft might be complete by June 21. Commissioner McCrone asked if there was a particular date for the Waterfront Master Plan. Ms. Cole said Elizabeth Caraker has crossed two major projects off her list and it is high on her docket. Planning Commission Meeting Minutes Tuesday, May 26, 2015 10  Planning Commission Minutes Tuesday, May 26, 2015 Ms. Cole said Chair Osorio asked for an update about new laws passed by the state legislature regarding the massage regulations. She said the city attorney office is updating the part of the code that is outside to the zoning ordinance and it talks about the licensing that has to happen with the massage ordinance and how do we integrate into the zoning code. She said the city will have the option of requiring User Permits for these types of establishments. She said we are working that into the Lighthouse Specific Area Plan and into the Downtown Specific Plan. Commissioner Garden asked about any tools to control the number of these kinds of businesses in any one area. Ms. Cole said that type of research won’t come out from the city attorney’s office until we are in front Planning Commission or City Council. Chair Osorio said there is a presentation at San Carlos Church regarding human trafficking in our community on June 10, 2015. Ms. Cole said it would be another hefty agenda at the next meeting. She said the annual budget for the CDBG, the issue of Safe Parking, a clarification of Minutes regarding the Hyatt signs, and the 799 Archer Appeal. She said there will be no field trip and we will probably here for both sessions. INFORMATIONAL REPORTS & STAFF COMMENTS 8. Planning Office Update  Update Recieved ADJOURNMENT There being no further business, the meeting adjourned at 9:22 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, May 26, 2015 11