Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, June 23, 2015 4:00 pm - 5:30 pm 7:00 pm - 11:00 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Osorio, Garden, Stocker, Reed, Mcrone Commissioners Absent: Davis, Widmar Staff Members Present: Principal Planner Kimberly Cole, Senior Planner Christy Hopper, and Recording Secretary Alicia Salas CALL TO ORDER Chair Osorio called the meeting to order at 4:05 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: 4 COMMISSIONERS: Osorio, Garden, Stocker, McCrone NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Davis, Widmar ABSTAIN: 1 COMMISSIONERS: Reed RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. June 9, 2015 ACTION: Approved with amendments. Commissioner McCrone said these were excellent minutes and was impressed because these were complicated topics discussed. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC APPEARANCE 2. Consider 625 Cannery Row; Concept Review 15-225 of a New Building; Applicant/Property Owner Monterey bay Aquarium; CR Zoning (**Commissioner Stocker said he works regularly with the Monterey Bay Aquarium but he checked with the City Attorney and was told he could participate because this is a presentation and discussion topic only.) Staff Presentation/Commissioner Questions Kim Cole presented the Agenda Report and answered Commissioners’ questions. Planning Commission Minutes Tuesday, June 23, 2015 Applicant Cynthia Vernon, Vice President of Education and Guest Programs at Monterey Bay Aquarium, said the aquarium opened 30 years ago and has been committed to be an educational organization and one that gives back to the community. She said over the years the Aquarium has serviced over 2.3 million school children with free school programs which include about 417,000 from Monterey County. Ms. Vernon said that schools are not equipped to meet today’s needs for STEM education, (Science, Technology, Engineering, and Math). She said new standards have been adopted by the State of California and will need to implemented by 2017. Ms. Vernon said currently they only have 2 Discovery Labs, no dedicated arrival space for the 75,000 school children that come annually, and frequently have to rent space for the teachers’ institutes. She said the aquarium is in need of more and better space to offer rich and expanded educational opportunities. She said the new center will service 100% staff-led programs with a slight increase in school children but do not anticipate going over the 900 school children allowed per day. Ms. Vernon said they will also be able to accommodate more teachers and youth leader with the new facility. Steve Lyon, Special Project Manager for Monterey Bay Aquarium, asked these three questions: 1. Why are we here? 2. What are we looking for today? 3. What should we come back to the Planning Commission when asking for Use Permit? Mr. Lyon asked the Planning Commission if they, the Aquarium, have the ability to come back with a design that meets the needs from a programming standpoint that may not follow the exact letter of the zoning ordinance. He said it will be up to the Planning Commission to give us direction on how to do that. He said without direction from the Planning Commissions they will have to design four different buildings for the same site. He said the reason they are here is to talk about what they want and to discuss how to design a building that meets the needs of the students in the best possible way. He said there are two main issues that he needs direction from the Planning Commission. The first is the building that they want to build is larger than the existing building. There are two different elevations to work with and he said he would like a little latitude outside the Zoning Ordinance to be able to manipulate the space a little better. He said the next reason they are here is because of the 10 foot setback that is crucial to our project. He said they would like to go all the way up to the sidewalks. He said the space would be filled with planters that would not service a purpose. Mr. Lyon said he feels that space would be better utilized inside the building as reception space for school children. He said they are trying to improve the experience for everyone involved. He went on to say that the use on the second floor would be for the learning labs and the issue again of the different height on the recreation trail which would require a second entrance and the interplay between the two entrances becomes more interesting and subject to exceptional design than if there was just an arbitrary 10 foot space. The width from lot line to lot line would be appreciated if you could consider; it is very important to make these classrooms as interesting and interactive as possible to inspire future conservators of the ocean. Commissioner Garden asked if the pink areas on the plans are stairways. Planning Commission Meeting Minutes Tuesday, June 23, 2015 2 Planning Commission Minutes Tuesday, June 23, 2015 Mr. Lyon said yes they are and an ADA interior component that will need to be addressed creatively. Commissioner Garden asked how many students will be at this site at any given time. Mr. Lyon said there should be some students that will start at the aquarium and some will start at the learning center. He said ideally there should be about 2-4 buses that will drop off as there is no parking on site and no intention to have parking there. The parking arrangement that is in existence now will continue. Mr. Lyon said when they come back for a Use Permit they will have the traffic reports, water allocations, and employee parking program. He went on to say he is looking for direction from the Planning Commission with the phrase in the ordinance regarding setbacks and height. He said they would want to story pole their project even though they are not required to do so. Mr. Lyon said they want to be able to show the neighborhood the project and to understand the true impact for themselves as well. Public Comments None. Committee Member Comments Commission Garden asked if we have the ability to grant access to the new building from the recreation trail. Ms. Cole said new buildings under the Cannery Row Recreation Trail Guidelines can have access to the recreation trail but there are specific standards that they would have to meet. Commissioner Stocker said he is not sure what is considered an exceptional design but said that is something to convince the ARC and the community. He said the reason that use is even discussed is to not take away from the experience on Cannery Row. He went on to say if this building ends up being only a glass wall with education on the door then it will take away from the feel of Cannery Row. He said in his mind, the exceptional design has to interact with Cannery Row and the feel that is already there. He said he was not sure why a setback would be insisted upon in Cannery Row, especially since the history of these building has buildings being built right up to the setback line. He said as far as parking goes, the aquarium has a master plan for parking and there may be adjustments but they are actually very good at enforcing the program. He went on to say that the height issue will have to be proven to the citizens. He said you need to get the story poles up soon that way citizens can see if there is an impact from the new potential building. He went on to say he is very excited by the green roof and would expect exceptional design from the Monterey Bay Aquarium. He said he sees the value in building this project but said it should not have a negative impact on the community. Commissioner McCrone said he has no problem with side yard setback and encroachment but height is a major concern for him and agrees with Commissioner Stocker. He said the other major concern for him is the site and zoning use. He said the Cannery Row business community might be vocal about the loss of commercial spaces at that end of Cannery Row. He said they may feel as if the aquarium is squeezing out commercial use at that end of Cannery Row. He also said the aquarium has done an exceptional job over the years and feels they will do the same with this project. Planning Commission Meeting Minutes Tuesday, June 23, 2015 3 Planning Commission Minutes Tuesday, June 23, 2015 Vice-Chair Reed said following the Cannery Row LUP is critical for design. He said he doesn’t have a lot of feedback but agrees with the rest of the commissioners. He did suggest taking photographs from the balconies of the homes if there could be a potential blocked view so as to get proper perspective. Commissioner Garden said the Planning Commission wants to know the impacts with what exists on Cannery Row now. He said he wants them to consider circulation and flow and how they will load and unload buses at new site. He said the with regards to the height he thinks that the innovative design with the roof could be appropriate to consider but for him the idea of exceptional design will be how have you improved the pedestrian experience. He also requested the Aquarium consider how the school children will get from point A to point B. He said removing the requirement for the side setback might be allowed but be sure that the rooftop garden does not change the view for the uphill neighbors. Chair Osorio said we need some idea what the plans are for the new buildings and how will they relate to each other. He said it would be a great opportunity to move the store into this space and use the store space in the aquarium for something else. He said it would be a good way to have the project be more consistent with the Cannery Row LUP which is visitor serving. He said he feels that this will maintain the street level pedestrian experience. He said as far as height, the aquarium can be bold with design and create something that will elevate Cannery Row in terms of what it is there now and feels this is a great opportunity for architectural design. He said the design has to convince the Planning Commission and community that it is exceptional. He said maybe get with City to explore the idea of widening the sidewalk on Hoffman to increase the pedestrian experience. He said the bridge needs to be addressed and if you are going to keep it, if so the two buildings need to be consistent. He said the parking needs should be looked at from a whole and in conjunction with both sites. Commissioner McCrone said consider turning the large metal box on the roof a 90 degree turn to cut back on the view impact, if any, by 50-60%. Chair Osorio thanked the staff of the Monterey Bay Aquarium and the Mr. Lyon for their presentation. Chair Osorio adjourned the afternoon session at 5:32 pm. 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 Planning Commission Meeting Minutes Tuesday, June 23, 2015 4  Planning Commission Minutes Tuesday, June 23, 2015 3. Consider Downtown Specific Plan Amendments - Recommendation to the City Council to Amend the Downtown Specific Plan to: 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, 5) Add Related Definitions as Necessary and Amend the Definition of "Story", 6) Add Service, Minor Use Category with Definition; Planned Community - Downtown Zoning District; Commercial General Plan Designation; Downtown Specific Plan Mitigated Negative Declaration Addendum Filed ACTION: The Planning Commission adopted Resolution recommending that the City Council amend the Downtown Specific Plan to: 1) Add Amplified Music/Sound and Massage Establishments as Conditional Uses; 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" and “Retail Sales, Minor”, and 6) Add Service, Minor Use Category with Definition. Staff Presentation/Committee Member Questions Christy Hopper presented the Agenda Report and answered Commissioners’ questions. Commissioner Garden asked if the car opportunity was missed and not likely to occur again why include indoor vehicle sales into the plan. He went on to say that with the changes to the Downtown Specific Plan and with the outdoor seating demonstration project over he had hoped to see that it would be a conditional allowed use. Ms. Cole said that for outdoor seating on city property code amendments will be needed. She said it is allowed and permitted but it is up to the City to allow it on City property. Commissioner McCrone asked about amplified music. He asked if it had not been addressed before and that is why it is in here now. Ms. Hopper said this is a definition that had not been codified for amplified music on private property. Commissioner McCrone asked if this will incorporate the decibel ratings of the other ordinance. Ms. Hopper said the performance standards will apply across the board but this will take care of amplified music that is outdoor and would require a use permit. She went on to say that it was clarified that is was both music and/or sound including the human voice. Commissioner McCrone asked how this would affect business like Bull-n-Bear in that many the discussions surrounding that business have to do with the decibel level. Ms. Cole said this would be as if the business was new today. She went on to say there are going to be existing uses that are nonconforming. Chair Osorio asked about the car sales. He asked how this will meet the intent of the Downtown Specific Plan. He said he does not understand the reasoning and does not see what value vehicle sales will bring to the downtown and the character that is been created Downtown. Planning Commission Meeting Minutes Tuesday, June 23, 2015 5 Planning Commission Minutes Tuesday, June 23, 2015 Commissioner Stocker said this is type of store is very much like an Apple store. He said there is tremendous amount of foot traffic in the store and even though he does not want a Tesla he goes into the store every time. He said this is very much like an electronics store but not a store necessarily in the traditional form. He said as a resident he would like to see Tesla Downtown and the people who would come in to see those cars Downtown and have them spend their dollars Downtown with a mix of different uses. Chair Osorio said he does not think this is appropriate for the spirit of Downtown. Public Comments Molly Erickson, attorney with Stamp Erickson representing Turn Down the Lights said they support the staff and the changes and acknowledges the hard work of the staff. Committee Member Comments Vice-Chair Reed said he thinks there should be some limits that are implied. He said the the idea of a car dealership in the traditional sense is evolving and believes the kind of people this kind of car company can bring to Downtown is a huge benefit and would not want to miss out on that kind of opportunity again. Commissioner Garden asked what about motorcycles to which Vice-Chair Reed responded as long as you cannot drive them off the premises. Commissioner McCrone said he agrees with Commissioners’ Stocker and Reed in that it is short sighted to say that opportunity will not happen again. He said if it pulls people Downtown and it is defined as indoors, then why not. Ms. Hopper said it is principally permitted in the Use Chart. Chair Osorio said how will the cars be put inside? He asked will the big gate and roll down garage doors be next. He asked do we really want car sales next to a restaurant. He said he cannot envision car sales Downtown because of the work that was put into the Downtown Specific Plan. Commissioner Stocker said he does not want to see this on Alvarado but on Tyler and Calle Principal it would acceptable. He said first it was Tesla but there will be others and soon. He said it has to be conditionally permitted and the Planning Commission will have to look at each project. He said he wants a large cross section of people Downtown with a large variety of uses. Commissioner Stocker said that this needs to be a Use Permit because it is kind of an unusual situation. He feels that the updates to the document are good and said this is a living document and it should be constantly evolving. Commissioner McCrone said it was the pure excitement of touching and interacting with the Jaguar car from the James Bond movies that drove him to go to the Jaguar showroom to see the actual car and feels this type of store would do the same if allowed. He said he feels the language should stay in the document. Commissioner Garden asked do we want to go through the table to prohibit in certain areas. He went on to say that he is glad that staff has worked with due diligence to bring this up to date. Planning Commission Meeting Minutes Tuesday, June 23, 2015 6  Planning Commission Minutes Tuesday, June 23, 2015 Vice-Chair Reed said he would like to see this allowed in all areas of the Downtown with a Use Permit. Commissioner McCrone asked does the amendment require the applicant to get a Use Permit. Ms. Hopper said yes. Vice-Chair Reed asked if motorcycles were included in automobile sales. Ms. Hopper said the definition reads automobile sales we could change it to vehicle sales. Ms. Cole stated the definition is currently, vehicle sales. Commissioner McCrone made motion to recommend these changes to the City Council. Commissioner Stocker seconds the motion. Chair Osorio said he does not feel adding vehicle sales to the Downtown area is a good idea in terms of what was adopted as a vision for the Downtown Specific Plan. On a motion by Commissioner McCrone, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission adopt Resolution recommending that the City Council amend the Downtown Specific Plan to: 1) Add Amplified Music/Sound and Massage Establishments as Conditional Uses; 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" and “Retail Sales, Minor”, and 6) Add Service, Minor Use Category with Definition. AYES: 5 COMMISSIONERS: Osorio, Reed, Garden, McCrone, Stocker NOES: 0 COMMISSIONERS: None ABSENT: 2 COMMISSIONERS: Widmar, Davis ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner Stocker said this could possibly be his last meeting with the Planning Commission and shared some quotes about planning and how vital planning is for a city. He thanked the staff and said he is very proud of this work and time on the Planning Commission. Commissioner Garden said the Lighthouse Area Specific Plan subcommittee will met tomorrow with a draft of the plan. He said this is probably the final round and he welcomed all to come to the meeting. Commissioner McCrone asked Ms. Cole about the cyclone fence around Trinity High School. Ms. Cole said the school filed an application and the project will be going to the ARC. Planning Commission Meeting Minutes Tuesday, June 23, 2015 7  Planning Commission Minutes Tuesday, June 23, 2015 Commissioner McCrone asked if they are proposing the cyclone fencing. Ms. Hopper said they are but they want to modify their existing ARC permit, to remove the modifications on the site and extend the cyclone fencing for another year. Commissioner Osorio said this could be his last meeting as well. He said he is proud of his service and time on the Planning Commission and thanked the wonderful staff. Libby Downey, a member of the community, thanked the Planning Commission for their time and for their service and said she hoped that they would all be able to stay in their positions as Planning Commissioners. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Update received Ms. Cole said she had nothing new to add to her report but was sure that there would be a Planning Commission meeting on July 14. ADJOURNMENT There being no further business, the meeting adjourned at 7:59 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, June 23, 2015 8