Planning Commission Meeting

MINUTES PLANNING COMMISSION AFTERNOON SESSION ONLY Tuesday, July 28, 2015 4:00 pm - 5:30 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: McCrone, Osorio, Davis, Garden, Stocker, Widmar Commissioners Absent: Reed Staff Members Present: Principal Planner Elizabeth Caraker, Senior Associate Planner Todd Bennett, and Recording Secretary Alicia Salas CALL TO ORDER Chair Osorio called the meeting to order at 4:00 pm. CONSENT ITEMS On a motion by Commissioner Stocker seconded by Commissioner Garden, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS. AYES: 6 COMMISSIONERS: Davis, Garden, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 2 COMMISSIONERS: McCrone, Osorio RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. July 14, 2015 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. Consider 701 Lighthouse Avenue; Application 15-188 to Re-Open Use Permit 14- 051 for Expansion of Alcoholic Beverage Sales; Applicant Sabata Group Inc.; Owner Raymond Cardinale; C-2 Zoning District; Exempt from CEQA Requirements ACTION: The Planning Commission approved Application 15-188 to re-open Use Permit 14-051 for expansion of alcoholic beverage sales. Staff Presentation/Commissioner Questions Todd Bennett presented the Agenda Report and answered Commissioners’ questions along with Lt. Hart of the Monterey Police Department. Planning Commission Minutes Tuesday, July 28, 2015 Applicant Andrea Upton, attorney representing Patrick Raniga said Mr. Raniga is an onsite and very conscientious store owner/operator. Ms. Upton said the staff report includes a number of licenses that are associated with restaurants and bars for onsite consumption on Cannery Row and Lighthouse Avenue. She went on to say that at the time the license was issued by ABC there weren’t any restrictions placed on the business. Ms. Upton said there are examples of store’s that sell these types of alcohol with no issues or police calls in the general vicinity. She also said that the staff report did not make any connection with the incidents that occurred at the adjacent businesses to indicate they had anything to do with single serve bottles, malt liquors or fortified wines. Ms. Upton said Mr. Raniga gathered over 300 signatures in 3 weeks from neighbors and others who patronize his business in support of his application. She said they have also received letters from local business owners that support Mr. Raniga. Ms. Upton stated that a year ago when they were in front of the Zoning Administrator it was agreed that the conditions would be tried for a year and since there weren’t any incidents then the conditions should be removed to allow Mr. Raniga, a local businessman, to compete with the corporate businesses in the area. Chair Osorio asked Mr. Raniga if his business is a neighborhood store. Mr. Raniga said it is a neighborhood store that serves mostly the neighborhood. He said the alcohol sales (hard liquor/beer/wine) total about 35% of sales and about 45% of the sales are from other products sold within the store. Public Comments Ranieri Guimaraes, owner of Tillie Gorts Café, said he owns a home in the neighborhood and supports Mr. Raniga and his business. He went on to say the IPA beers that are already being sold at Daney’s have higher alcohol content than the malt liquor and believes that having small bottles is a good way of controlling alcohol intake as well. Kelly Sorensen, owner of On the Beach which is directly across the street, said he has been in that location for 22 years and in that time Mr. Raniga has done the best job of improving the site. He went on to say that he has been in Daney’s Mini Mart when Mr. Raniga has refused service to some of the locals who may have been over served. Mr. Sorensen said that if you limit what Mr. Raniga can sell then you are limiting small business and that is what Lighthouse Avenue is all about. Commissioner Member Comments Commissioner Garden asked Lt. Hart when speaking to people who have been detained, do the police asked where the alcohol was consumed and/or purchased? Lt. Hart said they do ask where was the last drink consumed but they do not ask where they purchased the alcohol. Commissioner Garden asked if they do not have a container on themselves do you ask which bar or restaurant they consumed the last drink. Lt. Hart said yes but most times the detainees are incoherent and it is hard to get a Planning Commission 2 Meeting Minutes Tuesday, July 28, 2015 2 Planning Commission Minutes Tuesday, July 28, 2015 reasonable response. Commissioner Garden then asked what kinds of containers are typically found on the detainees or in the area of where they were loitering. Lt. Hart said typically pints and half pints. Commissioner Garden asked Mr. Bennett if Daney’s is currently allowed to sell pints and half pints. Mr. Bennett responded that Daney’s is currently selling those sizes of alcohol. Chair Osorio said the issue for him is the proliferation of these goods in this area. Do we want more sales of these types of alcohol in the area? Commissioner McCrone said this is an equal protection issue. He said he has not heard why this store should be limited to what it sells when stores nearby are selling the same kinds of products. He said if we are going to prohibit these types of products then it has to come from the City Council and it has to be City wide. He said he doesn’t see any other choice but to grant the application to expand the Type 21 license to include all spirit sales and made a motion to approve. Commissioner Garden seconds the motion. Commissioner Garden said while he agrees that this type of alcohol sales is adding to the issue, he also believes it is a bigger issue than that. He went on to say if we can prove that selling this type of alcohol is the source of the problem then this is a policy for the City Council to discuss and act upon. Mr. Garden said the owner has a license to sell these types of alcohol and said he does not feel that the Planning Commission should be restricting Mr. Raniga to what he can sell when his licenses allows for it. Commissioner Stocker said he did not hear any evidence today that having one more place to buy these types of alcohol will increase the saturation. He said instead of case by case basis, we should look at this issue City wide. He said before we deny this license we have to show that it will truly benefit Monterey. Commissioner Stocker supports the motion. Commissioner Widmar supports the motion. He said he believes that this is a redistribution of market share for this type of alcohol and believes there will not be an increase in the sales of this particular item. He said we cannot discriminate against individual applicants but agrees with Commissioner Stocker in that this issue needs to be looked at City wide. Commissioner Davis said because this is a Use Permit if there are any problems associated with this business; the Planning Commission has the ability to revisit the issue. He went on to say Mr. Raniga’s two closes neighbors support the business and it says a lot to him and why he should be in support of the motion. Chair Osorio said he has a bit of an issue with approving the permit but feels the owner needs support to compete for a share of the marketplace and with the big businesses in the area. Planning Commission 3 Meeting Minutes Tuesday, July 28, 2015 3  Planning Commission Minutes Tuesday, July 28, 2015 On a motion by Commissioner McCrone, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission approved the Application 15-188 to Re-Open Use Permit 14-051 for Expansion of Alcoholic Beverage Sales. AYES: 6 COMMISSIONERS: McCrone, Osorio, Davis, Garden, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner McCrone said he will ask about the fencing at Trinity High School at the next Planning Commission meeting. INFORMATIONAL REPORTS & STAFF COMMENTS 3. Planning Office Update Ms. Caraker said 600 Irving Street should be ready for the next meeting. She said it is regarding the water waiting list and an alternative to the current process. Commissioner Garden asked about the timeline for long-range plans coming before Planning Commission. Ms. Caraker said the Waterfront Master Plan should be in September and the Lighthouse Area Plan, if it’s published this month, would be able to move forward to Planning Commission as well. She said the Villa Del Monte Plan is getting closer to the adoption hearings too. ADJOURNMENT There being no further business, the meeting adjourned at 4:44 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission 4 Meeting Minutes Tuesday, July 28, 2015 4