Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, August 11, 2015 4:00 pm - 5:30 pm 7:00 pm - 11:00 pm 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Commissioners Absent: McCrone, Osorio, Davis, Garden, Stocker, Reed, Widmar Staff Members Present: FIELD TRIP The Planning Commission will be conducting a field trip on Monday, August 10, 2015 to review the Tuesday, August 11, 2015 Planning Commission Agenda. Date Posted: August 7, 2015 For more information please call (831) 646-3885. CALL TO ORDER Chair Osorio called the meeting to order at 4:02 pm. CONSENT ITEMS Commissioner Stocker made a motion to approve the Consent Agenda. Commissioner McCrone seconded the motion. Vice Chair Reed abstained due to his absence from the July 28, 2015 meeting. On a motion by Commissioner Stocker, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 6 COMMISSIONERS: McCrone, Osorio, Davis, Garden, Stocker, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Reed Approval of Minutes 1. July 28, 2015 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING  Planning Commission Minutes Tuesday, August 11, 2015 2. Consider 2222 North Fremont Street; Use Permit 15-135 for Retail Sales fronting Bruce Lane; Applicant Cesar Canjura, MBH Architects; Owner Patricia S Work Tr Et Al; PC-NF (Planned Community-North Fremont) Zoning District; Exempt from CEQA Requirements ACTION: Adopted a Resolution approving Use Permit 15-135 for retail sales fronting Bruce Lane at 2222 North Fremont Street with Conditions of Approval and added Special Conditions of Approval. Staff Presentation/Commissioner Questions Fernanda Roveri presented the Agenda Report and answered Commissioner’s questions. Kimberly Cole was also present and answered Commissioner’s questions. Applicant Cesar Canjura, MBH Architects, introduced Michael Kouvaris, also of MBH Architects, Ellia Karres on behalf of Dollar Tree, and Jerry Anderson on behalf of the property owner. In response to Commissioner Widmar’s question, Mr. Canjura said roof-mounting air the compressors would require roof modifications and is not economically feasible. Regarding deliveries, Mr. Canjura said extending the roller would cause inefficiencies and increase delivery times. Mr. Canjura said a HVAC enclosure and a trash enclosure were created for noise mitigation, and a spring-loaded door to prevent slamming will also help mitigate noise. In response to Commissioner Garden’s question, Mr. Canjura said cardboard will be stored inside the building and no open food items will go into the dumpster outside, just pre-packaged items. Mr. Canjura deferred Commissioner McCrone’s question regarding truck idling and Chair Osorio’s question regarding deliveries to Mr. Karres. Jerry Anderson, on behalf of property owner, said the parking layout plan has been revised numerous times and that he hopes the PC will support the extra parking proposed because it is a good thing given the neighborhood’s concern with employee parking. He also said that the building cannot be moved at this point in time to meet the N. Fremont Specific Plan guidelines, and that some parking in front with the significant amount of landscaping proposed makes sense. Mr. Anderson said the issue of truck deliveries was studied extensively and that it is much easier to maneuver in reverse as proposed, given the site layout. He also said the Dollar Tree has made numerous accommodations, undergone an extraordinary amount of review, and will be good operator and neighbor. Mr. Anerson asked PC to approve the applicant. In response to Commissioner Garden’s question about the easement, Mr. Anderson said a Memorandum of Lease will be a non-permanent solution to meet the need while the tenant is there. Ellia Karres, Dollar Tree, said the single most important thing for business is the delivery trucks. He also said Swift Trucking is used and that the company has very high standards for its drivers in order to maximize safety and prevent lawsuits. Mr. Karres said the truck drivers test maneuverability of the site and that the other maneuverability options tested were unsuccessful. Mr. Karres also said deliveries generally take place twice a week on Tuesday and Friday and that Dollar Tree tries not to do deliveries on weekends due to the added expense involved. Planning Commission 2 Meeting Minutes Tuesday, August 11, 2015 2 Planning Commission Minutes Tuesday, August 11, 2015 Mr. Karres said deliveries take two to three hours and the closer the truck can get to the door, the better. He also said Dollar Tree does not generate trash like a traditional retailer because they sell more stuff than they throw away. In response to Commissioner McCrone’s question regarding truck idling, Mr. Karres said the truck will be turned off when unloading. In response to Commissioner Stocker’s question regarding why deliveries cannot be prevented entirely on the weekends, Mr. Karres said weekend deliveries could be required to when a store sells out unexpectedly of product. In response to Commissioner Widmar’s question, Mr. Karres said employees will park onsite for safety reasons. In response to Chair Osorio’s question, Mr. Karres said the lease is an initial 10 year lease. Public Comments Richard Ruccello, president of Casanova Oak Knoll Neighborhood Association (CONA), thanked staff and the applicants for addressing most of the neighborhood’s concerns. He also said that the application does in fact require a use permit per the neighborhood plan because it is a commercial business involving nighttime activity that is adjacent to residential neighborhoods. Mr. Ruccello summarized the remaining concerns of the neighborhood which include noise mitigation, truck idling, noise from refrigerated trucks’ compressors, dumpster maintenance, and ensuring that shopping carts are picked up and are not on Bruce Lane. Mr. Ruccello also asked that the PC does not cut down on the proposed parking given the high volume nature of the store, and said that nothing the neighborhood is requesting requires money, but just has to be added to the use permit. In response to Chair Osorio’s question, Mr. Ruccello said the neighborhood prefers 8:00 am deliveries over 7:00 am and that the closer the delivery rollers are the better. In response to Commissioner Stocker’s question, Mr. Ruccello said a few weekend deliveries would not hurt but the neighborhood does not want it to be a habit. Jim Nichols said he lives behind the proposed location for Dollar Tree and asked what leverage the City will have to fine the applicant if there is an abundance of shopping carts, if the delivery times are abused, or if there is noise from idling engines or air compressors. He also said that the business owners should responsible for sweeping up their front door and area around the store. Mr. Nichols said he does not have any overwhelming concerns, but would like to see that the permit approval is limited to the Dollar Tree use and that the business is monitored. Mike Brassfield, chairman of CONA, said that the reduction of parking in the front of the building goes along with the spirit of the North Fremont Specific Plan and said the neighborhood welcomes their buildings being occupied. He also expressed concern regarding car accidents if the chain link fence is removed and suggested a curb or a barrier be installed. Mr. Brassfield said he supports the proposed garbage receptacles having lids. He also said the project does need a use permit and that use permit helps bring issues that may arise to the manager. Mr. Brassfield said the neighborhood wants to work with Dollar Tree and asked for the Planning Commission’s support on the three conditions proposed by the neighborhood – no idling of truck engines, no weekend deliveries, and maintaining the carts and the store’s exterior. Planning Commission 3 Meeting Minutes Tuesday, August 11, 2015 3 Planning Commission Minutes Tuesday, August 11, 2015 Jennifer Nichols said she lives behinds proposed Dollar Tree and asked if a decibel meter will be secured to the building and how residents can address noise issues when the noise is over the decibel limit. She also said she would like something in writing stating that action will be taken by Dollar Tree when decibels exceed the allowed levels. Ms. Nichols said that the neighboring carwash already exceeds allowed decibels and the decibel level of the Dollar Tree and the carwash combined concerns her. Michael Schoeder, DTZ Commercial Real Estate, said he has had the privilege and the challenge of working with the site for the past five years. He said he has had numerous offers and has been in escrow before on the site. Mr. Schoeder also said Dollar Tree would appreciate occasional weekend deliveries. Michael Kouvaris, MBH Architects, said about three years ago a Dollar Tree store moved into his community and they have been a good neighbor. Mr. Kouvaris said Dollar Tree has listened to planning staff and comments and wants to be a good neighbor. Mr. Kouvaris said he hopes the permit is approved. Ms. Cole addressed the issue of noise monitoring and said there will not be a decibel meter secured on site, but if the City receives a complaint the police department can bring noise monitors out to take a reading. She also said the CNL noise standards measure an average of sounds and that the City aims to address the sound issue on a programmatic level as opposed to monitoring each sound. In response to Commissioner Garden’s question, Ms. Cole said that use permits are enforceable and if enough violations occur the use permit can come before the Planning Commission for review and possibly added Conditions of Approval or revocation. Chair Osorio asked about noise standards. Commissioner Comments Commissioner Stocker said he does not like the buildings being empty and looking abandoned. He also said the use permit process is beneficial because it opens a discussion between the applicant, the community and staff. Commissioner Stocker said the extra parking is important, the delivery configuration is a good solution, and that the sound mitigation around the equipment and the covered trash enclosure are good. Commissioner Stocker also said he recommends no weekend deliveries, but supports the 7:00 am delivery time. Commissioner McCrone said the more specific the use permit is the easier it is to enforce, and that there should be Conditions of Approval added regarding engine idling, trash and cart cleanup, and the trash enclosure. Commissioner McCrone said he is troubled by the parking at the front of the building and would like it all removed to upgrade North Fremont and be in keeping with the North Fremont Specific Plan. He also said the removal of the chain link fence needs to be addressed in the use permit and that there should be some sort of barrier to prevent car accidents. Commissioner Garden agreed that more attention is needed regarding the fence Planning Commission 4 Meeting Minutes Tuesday, August 11, 2015 4 Planning Commission Minutes Tuesday, August 11, 2015 and said it cannot just be removed without addressing the grade issue. He also said the spaces in front of the store should be removed to improve the pedestrian experience and remove the strip mall look. He suggested that the applicant submit an employee parking plan. Regarding truck maneuvering, Commissioner Garden said it appears that the proposal is workable. Commissioner Garden made a motion to continue the application to August 25, 2015 with direction to the applicant to remove parking from the front of the building to improve the look and pedestrian experience and to rethink the work at the back of the building to allow trucks to come and go without the chain link fence. Widmar began discussion on the motion and said he does not see the need for continuance of the project and does not support the motion. Regarding the delivery trucks, Commissioner Widmar said it needs to be clear that the trucks’ engines will not idle but that a separate refrigeration unit on the truck will run for frozen items. Regarding parking in the front of the building he said reducing the parking to four spaces in the front with landscaping is an improvement and a step in the right direction, and that those four spaces are need for employees and peak times. Vice Chair Reed said he does not support the motion for continuance. He also said the proposed parking is an improvement, but not enough of an improvement. Vice Chair Reed said in accordance with the North Fremont Specific Plan the building should be brought forward and the parking should be in the back, but that the proposed parking is an acceptable compromise for now. Chair Osorio said he does not agree with a continuance of the project. He also said that the site is a critical spot to implement the North Fremont Specific Plan, even if it means removal of parking, and that 10 years is a long time to wait to begin implementation of the Plan. Chair Osorio said the delivery times need to be considered carefully because people may be awake at 7:00 am, but the noise of the deliveries will still be disturbing. Commissioner McCrone said he would like to only allow two weekend deliveries per year and that his main concern is what will be done about the huge drop off behind the store. In response to Chair Osorio’s question, Ms. Cole confirmed no improvements are proposed for the area other than removing the fence. Commissioner Stocker said the Resolution could specify that a safety device will be installed. Commissioner Garden said the North Fremont Specific Plan has the goal of creating 12 foot wide sidewalks and now is a good time to think about implementation of this goal and the possibility of having an employee parking plan. Ms. Cole asked the applicants if they could provide revised plans to the Planning Office in time to return before the Planning Commission at the August 25, 2015 meeting. Mr. Anderson said if it is a simple barrier being requested by the Planning Commission, yes, but it depends on the design. Planning Commission 5 Meeting Minutes Tuesday, August 11, 2015 5 Planning Commission Minutes Tuesday, August 11, 2015 UNDERLINED MOTION HERE 1st: Garden 2nd: McCrone Yes: Garden, McCrone No: Widmar, Reed, Osorio, Stocker Absent: Recused: Davis The motion failed. Commissioner Stocker said he understands the concern with removing the parking in front, and said if parking spot #1 was removed it would be a huge improvement and allow for more planting. He also said it would be a mistake to remove extra parking for a high volume business. Commissioner Stocker said a Condition of Approval stating that a barrier acceptable to the proper City official is installed could be added to address the concern regarding the back of the store. Commissioner Stocker made a motion to adopt a Resolution approving Use Permit 15-135 for retail sales fronting Bruce Lane at 2222 North Fremont Street with Conditions of Approval and added Special Conditions of Approval as follows: 4. That the applicant replace compact parking space #4, shown on Exhibit B, with landscaping. 5. That the property owner prepare an employee parking plan for Planning Office approval. 6. That the applicant shall modify the plans to show a safety barrier to replace the chain link fence for City approval. 7. That weekend truck deliveries will be limited to two days per year. 8. That the HVAC unit enclosure be constructed according to the recommended noise attenuation measures in Exhibit A. 9. That delivery trucks not idle their engine. 10. That Dollar Tree maintain the store’s exterior clean and keep shopping carts on-site. Commissioner Widmar suggested allowing six to eight deliveries a year, especially in the first year. Commissioner Stocker said he prefers only two times per year. Commissioner Garden said two times per year seems like plenty given the warehouse space in the building. Chair Osorio said he is not convinced that just removing one space is enough and that a ten years is a long time to wait to start implementing the North Fremont Specific Plan. UNDERLINED MOTION HERE Planning Commission 6 Meeting Minutes Tuesday, August 11, 2015 6  Planning Commission Minutes Tuesday, August 11, 2015 On a motion by Commissioner Stocker, seconded by Commissioner Garden, and carried by the following vote, the Planning Commission adopted a Resolution approving Use Permit 15-135 for retail sales fronting Bruce Lane at 2222 North Fremont Street with Conditions of Approval and added Special Conditions of Approval: AYES: 5 COMMISSIONERS: McCrone, Garden, Stocker, Reed, Widmar NOES: 1 COMMISSIONERS: Osorio ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Davis 3. Consider 600 Irving Avenue; Use Permit 15-261 Extension of Permits 08-361 and 11- 188; Applicants/Property Owners Eugene and Melahat Strangio; R-3-5 Zoning District; Exempt from CEQA Requirements ACTION: Adopted a Resolution approving Use Permit 15-261 extension of Permits 08-361 and 11-188 for a new two-story five unit apartment building located at 600 Irving Avenue with Conditions of Approval and amended Special Conditions of Approval. Staff Presentation/Commissioner Questions Kimberly Cole presented the Agenda Report and answered Commissioner’s questions. Applicant Applicant was present but did not address the Planning Commission. Public Comments None. Commissioner Comments Commissioner McCrone said he does not support an extension to a date uncertain because the permit could be open indefinitely and he supports bringing back the permit every four years on the Consent Agenda. In response to Commissioner Garden’s question, Ms. Cole said the Monterey Peninsula Water District will tell the City when water is available and the City will go through the allocation process. Commissioner Stocker said he has the same concern with granting an extension to a date uncertain, especially since ordinances can change over time. He said he supports a four year extension of the project. In response to Commissioner Stocker’s question, Ms. Cole said the main issue is that the applicant does not want to pay the extension fee continually and that he approached the City Council for a fee waiver, paid out of the General Fund, but was denied. Commissioner Garden asked about a Condition of Approval for automatic renewal. Planning Commission 7 Meeting Minutes Tuesday, August 11, 2015 7  Planning Commission Minutes Tuesday, August 11, 2015 Vice Chair Reed asked if a Condition for automatic renewal is not essentially the same thing as approving the permit to a date uncertain. Commissioner McCrone said he does not support the idea of a Condition of automatic renewal. Commissioner Stocker made a motion to adopt a Resolution approving Use Permit 15-261 extension of Permits 08-361 and 11-188 for a new two-story five unit apartment building located at 600 Irving Avenue with Conditions of Approval and amended Special Conditions of Approval as follows: 7. This approval will expire four years from the date of approval by the Planning Commission. It is the applicant’s responsibility to track the expiration date and any request for extension must be made a minimum of 60 days prior to expiration. No renewal notice will be sent to the applicant or property owner. Commissioner Widmar seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission adopt a Resolution approving Use Permit 15-261 extension of Permits 08-361 and 11-188 for a new two-story five unit apartment building located at 600 Irving Avenue with Conditions of Approval and amended Special Conditions of Approval: AYES: 5 COMMISSIONERS: McCrone, Osorio, Stocker, Reed, Widmar NOES: 2 COMMISSIONERS: Davis, Garden ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS None. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update.  Update received  Ms. Cole confirmed that there will be a Planning Commission meeting on August 25, 2015. ADJOURNMENT There being no further business, the meeting adjourned at 6:20 pm. Planning Commission 8 Meeting Minutes Tuesday, August 11, 2015 8 Planning Commission Minutes Tuesday, August 11, 2015 Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission 9 Meeting Minutes Tuesday, August 11, 2015 9