Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, June 9, 2015 4:00 pm - 5:30 pm 7:00pm -11:00 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: McCrone, Osorio, Garden, Stocker, Reed, Widmar Commissioners Absent: Davis Staff Members Present: Principal Planner Cole, Senior Planner Hopper, Assistant City Attorney Salameh, Community Services Director Bui-Burton, Recording Secretary Leinen CALL TO ORDER Chair Osorio called the meeting to order at 4:00pm. CONSENT ITEMS Chair Osorio said the applicant of 799 Archer Street has requested to remove item # 1 from the Consent Agenda for discussion. McCrone said outdoor seating continues to grow and the city needs to look seriously at charging a fee commensurate with the value of parking spaces lost. Commissioner Widmar said in the case of 241 Alvarado Street the proposal does not take away any spaces, but he agrees. Commissioner Garden said staff should think about making these applications conditional use permits. 1. 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 (CONTINUED FROM THE MAY 26, 2015 PLANNING COMMISSION MEETING.) ACTION: Removed from Consent; Discussed; Adopted a Resolution approving Appeal 15-159 and Approving Application 15-112 to Legalize Two Undocumented Units at 799 Archer Street with amended Findings. Staff Presentation/Commissioner Questions Kimberly Cole invited applicant, Laurie Hambaro, to share her concerns with the Commission. Applicant Laurie Hambaro thanked Commission for their careful and thoughtful deliberation and said overall she is extremely pleased with the Planning and Building Departments. She said her only question is regarding an inside staircase because Special Condition of Approval #3 in the Resolution states that if she ever turns the house into a single-family residence an interior staircase would be required. Ms. Hambaro said turning the house into a single-family home would make it a mansion and she would never want to live in a mansion. In response to Commissioner McCrone's question if she is asking to have the language removed from the Resolution, Ms. Hambaro said she does not know why the Resolution states if she were to use the house as a single family house she would need an inside staircase because it is not cold in Monterey to warrant indoor stairs which take up a lot of Planning Commission Minutes Tuesday, June 9, 2015 room. Ms. Hambaro said she will be happy with whichever way the Commission decides. Chair Osorio read the language of Special Condition of Approval for the record, asked if there were any members of the public wanting to speak, and then closed Public Comments. Public Comments None. Commissioner Comments Chair Osorio said the Special Condition of Approval is recommended in case the current owner or any future owner would like to convert the house to single-family. Ms. Cole said the Condition reflects the Commission's discussion at the prior meeting regarding the code and the possibility that either Ms. Hambaro or a future owner will want a single- family house, and if this were to happen the interior staircase would be required. Commissioner McCrone said the Condition of Approval accurately reflects the motion made. Ms. Cole clarified the possible scenarios. The first, she said, is Ms. Hambaro deciding to go forward with Building Permit 814-0501 for a single family house which will require an interior staircase. Ms. Cole said another scenario is if Ms. Hambaro changes the use and leaves the first floor unoccupied, which would not require her to do anything. Commissioner Stocker said the Resolution refers to the building permit in case the applicant decides to continue with their current building permit application, in which case an interior staircase would be required. Commissioner Stocker made a motion to adopt the Resolution as proposed by staff approving Appeal15-159 and approving Application 15-112 to legalize two undocumented units at 799 Archer Street. The motion died for lack of a second. Commissioner McCrone said he has a few changes to propose in the Resolution. He said that item #4 on the second page of the resolution does not make sense and should have a colon or a comma followed by a lettered list instead of numbered. He also requested that an additional item be added to the list stating that there are four garages constructed on the site. Commissioner McCrone said the spelling of "existence" should be changed to "existent." Commissioner McCrone made a motion to adopt a Resolution approving Appeal 15-159 and approving Application 15-112 to legalize two undocumented units at 799 Archer Street with amended Findings as follows: FINDINGS: 3. City Council Resolution 99-157 states that, "If City records do not show how and when an undocumented unit was created, to establish legal nonconformity, the property owner shall provide evidence that the undocumented unit was existence units were existent prior to April 24, 1964. Evidence may include the following: a. Income Tax records showing rental income for the undocumented unit. b. County Assessor's property tax information recognizing the undocumented unit. c. Utility bills where there were separate utility meters for the undocumented unit. Planning Commission Meeting Minutes Tuesday, June 9, 2015 2  Planning Commission Minutes Tuesday, June 9, 2015 d. Tenant, past tenant, neighbor or past neighbor written documentation which can be clearly linked to a date prior to April 24, 1964. e. The undocumented unit can be clearly identified on pre April 1964 Sanborn Map. 4. The Planning Commission reviewed the available records that indicate there were multiple units on the site prior to 1964, which include the following: a. The Sandborn Map shows multiple units; b. The old telephone books show multiple units; c. The written record from earlier owners show that there were multiple units; d. The proposed additional units do not impact surrounding areas and life safety will be corrected as conditioned; e. There are four garage unites constructed on the site. Commissioner Garden seconded the motion. Vice Chair Reed abstained from voting due to his absence from the prior meeting when the item was initially discussed. On a motion by Commissioner McCrone, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission adopt a Resolution approving Appeal 15-159 and approving Application 15-112 to legalize two undocumented units at 799 Archer Street with amended Findings: AYES: 5 COMMISSIONERS: McCrone, Osorio, Garden, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 1 COMMISSIONERS: Reed RECUSED: 0 COMMISSIONERS: None 2. Consider 241 Alvarado Street; Application 14-262 for Outdoor Seating; Applicant Claire Sutton; Property Owner Custom House Hotel Company, Ltd.; Visitor Accommodation Facility (VAF); Exempt from CEQA Requirements ACTION: Adopted a Resolution recommending the City Council approve Application 14-262 for outdoor seating at 241 Alvarado Street (Mall) with Conditions of Approval. Commissioner Stocker made a motion to approve item #2 of the Consent Agenda. Vice Chair Reed seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner Reed, and carried by the following vote, the Planning Commission approved item #2 of the Consent Agenda: AYES: 6 COMMISSIONERS: McCrone, Osorio, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 3. May 26, 2015 Planning Commission Meeting Minutes Tuesday, June 9, 2015 3  Planning Commission Minutes Tuesday, June 9, 2015 ACTION: Approved as submitted. Commissioner Stocker made a motion to approve item #3 of the Consent Agenda. Comissioner McCrone seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission approved item #3 of the Consent Agenda: AYES: 5 COMMISSIONERS: McCrone, Osorio, Garden, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 1 COMMISSIONERS: Reed RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 4. Confirm Planning Commission Resolution and Meeting Minutes for Appeal 13-500 of Sign Permit Application 13-422 to Allow One Internally-Illuminated Pole Sign at 1430 Mark Thomas Drive (Hyatt Regency Monterey) and Referring Revised Sign Proposal for the Pole Sign and New Monument Sign to the Architectural Review Committee; Appellant Hyatt Regency Monterey c/o Anthony Lombardo & Associates; Owner Steve McNally for Hyatt Regency Monterey and Cheryl Burrell for Pebble Beach Company; VAF Zoning District; Exempt from CEQA Requirements ACTION: Confirmed the approval of the retention of one internally-illuminated pole sign and confirmed the referral of the revised sign proposal and new monument sign to the Architectural Review Committee. Staff Presentation/Commissioner Questions Christine Hopper presented the Agenda Report and answered Commissioners' questions. Applicant Anthony Lombardo, attorney for Hyatt Regency Monterey, said the proposed compromise of leaving the pole sign at Aguajito Road and illuminating it and was the only option presented to the Planning Commission at the appeal hearing of the denial of the two internally-illuminated pole signs. He also said the motion was made to grant the appeal without changing the application from what was proposed. Mr. Lombardo said it is clear to him that the action was to approve one internally-illuminated pole sign, eliminate one pole sign, and approve a monument sign on Aguajito to be reviewed by the Architectural Review Committee. He said the monument sign can now move forward since the Council adopted policies allowing signs in the right of way. Public Comments Planning Commission Meeting Minutes Tuesday, June 9, 2015 4  Planning Commission Minutes Tuesday, June 9, 2015 None. Commissioner Comments Commissioner Stocker said after looking at the minutes and watching the entire hearing, he has no doubt that what was presented was an internally-illuminated pole sign and his motion was to grant the appeal. Vice Chair Reed moved to confirm the approval of the retention of one internally- illuminated pole sign and confirm the referral of the revised sign proposal and new monument sign to the Architectural Review Committee. Commissioner Stocker seconded the motion. Under discussion, Commissioner Stocker said there were approved Minutes and an approved Resolution, so he does not see how the action could have been questioned. Commissioner Garden said he hopes this does not have to happen often because it is onerous to the applicant and embarrassing for the Planning Commission. On a motion by Commissioner Reed. seconded by Commissioner Stocker, and carried by the following vote. the Planning Commission confirmed the approval of the retention of one internally-illuminated pole sign and confirmed the referral of the revised sign proposal and new monument sign to the Architectural Review Committee: AYES: 6 COMMISSIONERS: McCrone, Osorio, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 5. 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 ACTION: Received report; Accepted public comment; Adopted a Resolution recommending 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. Staff Presentation/Commissioner Questions Rick Marvin, Housing and Property Manager, presented the Agenda Report and answered Commissioners' questions. Ms. Cole was also present and answered Commissioners' questions. Public Comments Carl Braginsky, Salvation Army Seaside, said the Salvation Army has been a grateful recipient of the grant funds for a number of years and that the funds are primarily used for rental assistance. He also said there is all kinds of need for infrastructure, community improvements, parks, and good streets. Mr. Branginsky said one issue he sees is the increased need for rental assistance over the past two to three years and that he anticipates the numbers of people who are homeless to continue to increase. He also said regional cooperation across jurisdictions is very important to create comprehensive Planning Commission Meeting Minutes Tuesday, June 9, 2015 5  Planning Commission Minutes Tuesday, June 9, 2015 policies for housing. Mr. Braginsky said the five year plan is ambitious and with increased cooperation between jurisdictions, more permanent housing for very low and extremely low income persons can be created. Commissioner Comments Commissioner McCrone made a motion to adopt a Resolution recommending that the City Council approve the Draft 2015-2020 Consolidated Plan and 2015-2016 Action Plan Programs and Budget for Community Development Block Grant (CDBG) and Housing Programs. Commissioner Stocker seconded the motion. Commissioner McCrone said he applauds Mr. Marvin for his expertise of the subject. On a motion by Commissioner McCrone. seconded by Commissioner Stocker. and carried by the following vote. the Planning Commission adopted a Resolution recommending that the City Council adopt the Draft 2015-2020 Consolidated Plan and 2015-2016 Action Plan Programs and Budget for Community Development Block Grant (CDBG) and Housing Programs: AYES: 6 COMMISSIONERS: McCrone, Osorio, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Chair Osorio adjourned the afternoon session at 5:39p.m. RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m. CONTINUED PUBLIC COMMENTS None. PUBLIC HEARING 6. Consider Zoning Ordinance Amendments to Add Monterey City Code Chapter 38, Section 126 to Create a Safe Parking Program that Provides Homeless Individuals and Families a Safe Place to Temporarily Park Overnight, Amend Section 38-11's Definition of "Temporary Use," and Amend Section 38-20(M) to Include Safe Parking Programs as a Temporary Use; Applicant City of Monterey; All Zoning Districts; Negative Declaration ACTION: Held a public hearing; Accepted public comment; Adopted a Resolution approving the Negative Declaration and recommending to the City Council approval of the proposed Safe Parking Ordinance with amendments and moved to send a strong recommend to City Council to find a legal way to deal with processing fees for Safe Parking, because the Planning Commission feels the current fees are objectionable and inappropriate for what is being suggested, with the best interest of the community in mind to keep fees low. Planning Commission Meeting Minutes Tuesday, June 9, 2015 6 Planning Commission Minutes Tuesday, June 9, 2015 Staff Presentation/Commissioner Questions Ms. Cole presented the Agenda Report and answered Commissioners' questions. Karin Salameh, Assistant City Attorney, was present and discussed fees for the ordinance and answered Commissioners' questions. Public Comments Cathleen Baker, Gathering Place volunteer, said she feeds homeless women once per week and is here to advocate for a program for them. She also said AB718 which proposes statewide legislation making it legal to sleep in a car is now at the senate level. Ms. Baker said there is a need for low income housing and safe parking is only part of the solution. She also said she is happy to see the Planning Commission supporting the concept, but wishes there was a way around the fees. In response to Chair Osorio's question, Ms. Baker said she hopes multiple churches will apply but a $2000 fee would be a big hardship. In response to Commissioner McCrone's question, Ms. Baker said participants in her program are not required to talk to case managers, but the volunteers do refer participants to local agencies with licensed social workers. Tia Sukin, Executive Director of One Starfish Safe Parking and Supportive Services and treasurer of Pass the Word Ministry, said she is here to thank the Planning Commission for taking a hard look at the ordinance and making significant changes because now One Starfish qualifies. She also said the fee is certainly a concern, especially if it is an annual fee for each church that participates, and suggested waiving the fee for the first year pilot stage. Ms. Sukin shared the story of a One Starfish program participant who was unable to attend the meeting this evening. In response to Commissioner McCrone's question regarding case management, Ms. Sukin said there is a requirement that each participant meets with a social worker on weekly basis. In response to Chair Osorio's question, Ms. Sukin said the fees will be overly burdensome and she suggested a waiver for the pilot year. Esther Castillo said she has been a member of One Starfish for eight months and is thankful for the program because it has allowed her to safely park vehicle from 7:00p.m. to 7:00 a.m. to sleep. She also said during the day she meets with a social worker and she is now at the point where she can get her career started because of the program. Ms. Castillo said it is crucial to have this program continue because she would not be as far ahead as she is today without it. In response to Commissioner McCrone's question, Ms. Castillo said she has been part of the program for eight months and that it takes time to figure out day to day logistics like showering and laundry. Ms. Castillo also said she has started a blog for homeless women in Monterey County. Alice Ann Glen, Monterey resident and member of a church that wants to provide safe parking, said she is especially concerned with non-profit organizations not being able to afford the fee. She said she is also concerned with the 90 day time limit, which may not be long enough for applicants to get housing and health care. Ms. Glenn also expressed concern about the church having to reapply and go through all the paperwork again. Ms. Cole clarified there is no 90 day time limit and that the program is a pilot program for a one year period. Cindy Storrs, pastor at the Monterey Methodist Church, thanked Planning Commission for their work. She said concern was expressed at the prior meeting regarding noise but the noise of six people sleeping in cars does not compare to the noise made by emergency vehicles so noise is not an issue. Ms. Storrs suggested changing the Planning Commission Meeting Minutes Tuesday, June 9, 2015 7 Planning Commission Minutes Tuesday, June 9, 2015 ordinance to eliminate the permit process and allow overnight occupancy of vehicles for those enrolled in the safe parking program, which would allow for an easy process and allow the program to go forward. In response to Commissioner McCrone's question regarding case management, Ms. Storrs said her program is connected to One Starfish and if the ordinance is changed the program would still work with One Starfish for case management. Commissioner Comments In response to Commissioner Stocker's question about making safe parking an allowable use, Ms. Cole said it would require allowing safe parking in each separate zoning district and recirculation of the initial study, bringing the process back to step one. In response to Commissioner Stockers second question, Ms. Cole said the safe parking permits could be heard by the Zoning Administrator. Commissioner McCrone said he would not be comfortable with the Zoning Administrator reviewing the permits during the first year and that there needs to be a forum for the public to address possible problems. Commissioner McCrone also said he wants the city to find a category of approval for the activity that carries a low fee because it is absurd to have public government charge a non-profit to do a charitable thing that fills a community need. He also said Reverend Storrs is correct in wanting to change the ordinance by removing the permitting process. Commissioner Garden said the issue is figuring out how safe parking can be done without a use permit and suggested changing the ordinance so it does not require a use permit. Ms. Cole said this raises the question of whether the use should be principally permitted with no staff discretion or discretionary requiring a use permit. Ms. Cole also said definitions would need to be amended district by district to allow safe parking as principally permitted and the environmental document would have to be re-written. Regarding cost concerns, Ms. Cole said the Planning Commission does not have jurisdiction over this area, however they can make a recommendation to the City Council. Chair Osorio suggested considering making the program principally permitted use after the one year pilot program concludes. Commissioner McCrone said there is nothing saying that the issue has to be dealt with as a use permit. Ms. Cole said the Planning Commission could recommend to the City Council to consider a subsidy at the same time they consider the ordinance. Chair Osorio suggested forwarding the suggestion to the City Council and asked if there will there be another fee when the year expires. Ms. Cole said this ordinance refers to a trial basis of one year. Vice Chair Reed asked staff what the outcome would be for applicants if a use permit was approved by the Planning Commission for safe parking and the City Council later determined the program to not be working. Ms. Salameh said in this case the use permit would expire with the ordinance, but if the Council reauthorized the program the applicants would not need to reapply. Ms. Salameh said perhaps language could be included to state that if the ordinance is reauthorized within six months that the applicant does not have to pay another fee. Vice Chair Reed questioned if at the end of the 12 month period if there is leeway for the applicant to end the program, as opposed to abruptly closing. He also asked if church could participate in the program if the call themselves a ministry. Ms. Salameh said an outside consultant determined that Planning Commission Meeting Minutes Tuesday, June 9, 2015 8 Planning Commission Minutes Tuesday, June 9, 2015 habitation in vehicles is not considered a traditional ministry activity. In response to Commissioner Widmar's question regarding whether one hearing notice could be sent for several program participants, Ms. Cole said the law requires notices to be issued by property and mailed to all property owners within 300 feet. Ms. Cole said if the fee is the main issue, she suggests providing the City Council a strong recommendation regarding fees. Chair Osorio suggested extending the 12 month pilot program time frame to 18 months. Commissioner Garden said the City does not want to serve as a case manager for these issues. Ms. Cole said the City is looking to partner with social service agencies to provide the case management. Commissioner McCrone said what is needed is a place for woman and children to park and that the Planning Commission could suggest to the City Council that case management is not mandatory, if this does not work out it could re-examined. Commissioner Stocker suggested adding language stating that after nine months the social service providers can come in and discuss the process, and then the Planning Commission can make a recommendation to City Council that the program either become an allowed use or be permitted by use permit. Commissioner Stocker said consideration has to be given to not only those people sleeping in their cars, but also those who might have issues with the ordinance. Vice Chair Reed asked that the pilot program be extended to 18 months to allow for time to get started and issuing of permits. He also said he would like to leave up to the individual providers if end goal is to find permanent housing. Vice Chair Reed said it should not be mandatory. Commissioner Garden said he is not ready to provide a recommendation to the City Council yet and would like to see the recommendation written out. Commissioner Stocker said he would rather make the recommendations now and move forward to prevent further delay since there is an immediate community need. He suggested getting rid of the requirement for a mandatory case manager, amending the discussion section regarding purpose and intent, amending the length of time in the temporary nature section, and sending a message to the City Council recommending that they make fees or as close to free as possible, while still complying to laws. Garden said he would make a motion to continue the item to be able to review the recommendation going to the City Council and that he does not mind staff scheduling a special meeting of the Planning Commission. Commissioner McCrone said he would second the motion. Ms. Cole said the next meeting of the Planning Commission is scheduled for June 23, 2015 and she summarized the Planning Commission's areas of concern with the ordinance - changing the purpose and intent section to eliminate the statement that the programs may facilitate a transition to housing; in section 8.1 change the requirement for case management; change the definition 0.5; change section G from a 12 month trial period to 18 months; and a separate strongly worded recommendation regarding the fees. Planning Commission Meeting Minutes Tuesday, June 9, 2015 9 Planning Commission Minutes Tuesday, June 9, 2015 Commissioner Widmar asked if the Commission wants to keep section D.5 of the ordinance giving authority to the Plans and Public Works director to determine who is a qualified social service provider. Kim Sui-Burton, Community Services Director, said the information regarding the social service provider could be included as part of the use permit submittal. In response to Commissioner Widmar's question, Ms. Sui-Burton said she is okay with striking the last sentence of section D.5. Commissioner Garden withdrew his motion. Commissioner Stocker made a motion to adopt a Resolution approving the Negative Declaration and recommending to the City Council approval of the proposed Safe Parking Ordinance with the following amendments: A. Purpose and Intent. Safe parking provides homeless individuals and families with a safe place to temporarily park overnight. in order to facilitate the transition to peFFR-afleR-t housing. The provisions set forth in this section enable safe parking programs to operate in the City subject to specific performance standards and permit requirements. These standards and requirements are intended to ensure that safe parking facilities will be compatible with surrounding uses and effective at facilitating participants' transition to permanent housing. B. Definitions. 1. "Safe parking program" means a parking program operated on an existing parking lot located outside of the public right-of-way and managed by a social service provider that provides individuals and families with vehicles a safe place to park overnight. wfl.ile -v.'orking towards a transition to permanent housing. 3. ''Case management" means a system for a fJ--(73-Fe and seFlJice.s....IJvhereby a case manager assesses the needs of the client and the client's fami1y--aRG-afFanges, coordinates, monitors, and advocates for services to meet the client's needs. D. Application Requirements. In addition to the requirements contained in Section 38- 158, the use permit application shall include the following: 5. Written approval by the Community Services Department head indicating that the proposed social service provider meets the definition under this Ordinance of a "social service provider". The ComA*mi-ty-SOPiioes Departme-nt--Aea€1 shall offiy-approve prov.iders IJ.'ho offer a case management system fn-wRiGI:l program participants are paired with a case manaQ&r-,. G. Expiration. Absent re-authorization by the City Council, this section shall automatically sunset one year 18 months after its original effective date. Chair Osorio seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner Osorio, and carried by the following vote. the Planning Commission adopted a Resolution approving the Negative Declaration and recommending to the City Council approval of the proposed Safe Parking Ordinance with amendments: Planning Commission Meeting Minutes Tuesday, June 9, 2015 10  Planning Commission Minutes Tuesday, June 9, 2015 AYES: 6 COMMISSIONERS: McCrone. Osorio, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Commissioner Stocker made a second motion to send a strong recommend to City Council to find a legal way to deal with processing fees for Safe Parking, because the Planning Commission feels the current fees are objectionable and inappropriate for what is being suggested, with the best interest of the community in mind to keep fees low. Commissioner McCrone seconded the motion. On a motion by Commissioner Stocker. seconded by Commissioner Osorio. and carried by the following vote, the Planning Commission moved to send a strong recommend to City Council to find a legal way to deal with processing fees for Safe Parking. because the Planning Commission feels the _current fees are objectionable and inappropriate for what is being suggested. with the best interest of the community in mind to keep fees low: AYES: 6 COMMISSIONERS: McCrone, Osorio, Garden, Stocker, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 7. Consider 2600 Sand Dunes Drive (Unscripted Hotels); Appeal 15-217 of Architectural Review Committee Denial of Sign Permit 15-161 for One Internally- Illuminated Pole Sign; Appellant Dylan Rivera for SignWorks; Owner SWVP Monterey LLC; VAF Zoning District; Exemptfrom CEQA Requirements ACTION: Adopted a Resolution denying Appeal 15-217 of Architectural Review Committee denial of Sign Permit 15-161 for one internally-illuminated pole sign at 2600 Sand Dunes Drive (Unscripted Hotel). Staff Presentation/Commissioner Questions Ms. Hopper presented the Agenda Report and answered Commissioners' questions. Ms. Cole was also present and clarified that all appeals are de novo hearings. Appellant Dylan Rivera, SignWorks, presented the Planning Commission with a map of the pole sign's location, City boundaries, and sign visibility from Seaside and Monterey. Mr. Rivera said the property owner is requesting a onetime face change because they are already putting a lot of money into the hotel remodel and the additional monetary strain of tearing down the existing sign and replacing it with wall or monument sign would be too great. He also said the hotel owner has expressed interest in replacing the sign in the future when the hotel starts generating revenue. Mr. Rivera showed the Planning Commission a photo of the pole sign for Stahl Motors, which he said is 15 feet high from the grade of the planter, has an opaque face and is approximately the same height as the highway off ramp at the top. Mr. Rivera said he is proposing a sign with an opaque background. He also said there are trees growing around the pillars of the current sign making the sign part of the landscape. Mr. Rivera said that the top of the sign is the Planning Commission Meeting Minutes Tuesday, June 9, 2015 11 Planning Commission Minutes Tuesday, June 9, 2015 height of the freeway and is not freeway oriented, unlike the very large Home Depot Sign across the freeway. He also said at the Architectural Review Committee hearing one ARC Member stated that he could not see the sign from the freeway, even though he knew it was there. Public Comments None. Commissioner Comments Commissioner Garden said there are many hotels in the City and almost none have advertising oriented to Highway 1, and the reason for this is that signage detracts from the experience of entering Monterey. Commissioner Garden said he agrees with the ARC's decision. Commissioner Garden made a motion to adopt a Resolution denying Appeal 15-217 of Architectural Review Committee denial of Sign Permit 15-161 for one internally- illuminated pole sign at 2600 Sand Dunes Drive (Unscripted Hotel) finding that the ARC made no errs in denying the application and that no additional evidence has been provided. Commissioner McCrone seconded the motion. Vice Chair Reed said he wished there was a field trip for the project because when driving north on Highway 1 you cannot see the sign, and driving south you cannot see it until you pass the off ramp. He also said the Home Depot sign across street is clearly meant to be seen, but when you can only see the sign for about 200 yards on the highway going in one direction it is not primarily oriented to the highway and is incidental. Vice Chair Reed said the Stevenson Hotel in the downtown has a sign that is nearly as high as the sign of the Unscripted hotel. He added that the Hyatt signs are another example of signs clearly meant to be seen from the highway. Vice Chair Reed said this sign is turned towards the street and not Highway 1 and that all pieces of evidence show it is not primarily oriented towards the highway. Commissioner Stocker asked why the sign was placed so high if it was intended to be oriented to the street. Commissioner Garden said the sign's orientation is just one consideration, and the sign is also too tall, too big, and improperly illuminated. Vice Chair Reed said internally lit signs can be allowed. Ms. Hopper said if approval of the sign was proposed, the Planning Commission would need to make appropriate findings. Ms. Cole clarified that internal illumination is discouraged, but for exceptional design the ARC can consider it. In response to Chair Osorio's question, Ms. Hopper confirmed that the existing pole sign is legal, non-conforming. Chair Osorio said besides the sign face change, the sign is almost a like for like change. Ms. Cole said the sign ordinance specifies if the sign is changed it is considered a new sign. Chair Osorio said it is important to exercise and apply the ordinance. Commissioner McCrone said he supports the motion, not because he disagrees with Vice Chair Reed, but because there are ways to resolve the problem without remaining married to the sign, which clearly exceeds the standards. He also said he does not think that the ARC erred. On a motion by Commissioner Garden, seconded by Commissioner McCrone, and Planning Commission Meeting Minutes Tuesday, June 9, 2015 12  Planning Commission Minutes Tuesday, June 9, 2015 carried by the following vote. the Planning Commission adopted a Resolution denying Appeal 15-217 of Architectural Review Committee denial of Sign Permit 15-161 for one internally-illuminated pole sign at 2600 Sand Dunes Drive (Unscripted Hotel) finding that the ARC made no errs in denying the application and that no additional evidence has been provided: AYES: 5 COMMISSIONERS: McCrone, Osorio, Garden, Stocker, Widmar NOES: 1 COMMISSIONERS: Reed ABSENT: 1 COMMISSIONERS: Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner Garden said the draft Lighthouse Specific Plan (LHSP) containing the changes discussed at the prior subcommittee meeting has been prepared as of June 2015 and is available online. He also said the next subcommittee meeting is at 9:00am this Thursday, June 111h in the Council Chambers and the subcommittee will look at approving the draft and the circulation portion of the LHSP. Chair Osorio asked if there are any provisions being provided for outdoor seating. Commissioner Garden said yes and added that the subcommittee has exercised lots of concern regarding conditional and permitted uses in the Lighthouse corridor and that staff has worked hard on defining conditional and permitted uses. INFORMATIONAL REPORTS & STAFF COMMENTS 8. Planning Office Update • Update received • Ms. Cole said she hopes to have the Downtown Specific Plan revisions ready for review at the next meeting or first meeting in July. ADJOURNMENT There being no further business, the meeting adjourned at 9:03pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, June 9, 2015 13