Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, December 13, 2016 4:00 pm EVENING SESSION ONLY 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Fletcher, Millich, Davis, Dawson, Latasa, Reed, Widmar (4:05 p.m.) Commissioners Absent: None Staff Members Present: Chief of Planning Engineering & Environmental Comp Cole, Principal Planner Caraker, Senior Planner Bennett, Recording Secretary Leinen CALL TO ORDER Chair Fletcher called the meeting to order at 4:02 p.m. CONSENT ITEMS Commissioner Reed made a motion to approve the Consent Agenda with amendments to the minutes of November 22, 2016. Commissioner Latasa seconded the motion. Commissioner Widmar abstained from voting due to arriving after the motion was made. On a motion by Commissioner Reed, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS with amendments to the minutes of November 22, 2016: AYES: 6 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Widmar RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. November 22, 2016 ACTION: Approved as amended. Vice Chair Millich requested that the word existing be added to the last sentence on page 4 so it reads “Ms. Kautz said staff wants to add language to Section 8, subsection S-1-C stating that existing accessory dwelling units are required to conform to all other provisions relating to legal non-conforming structures.” 2. November 29, 2016 ACTION: Approved as submitted. ***End of Consent Agenda***  Planning Commission Minutes Tuesday, December 13, 2016 Chair Fletcher said staff has recommended to table item #6. Commissioner Reed made a motion to table item #6. Commissioner Dawson seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission tabled item #6: AYES: 7 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC COMMENTS Esther Malkin said she attended the Planning Commission meeting on November 29, 2016 regarding the proposed emergency shelter overlay zoning and the media inaccurately portrayed residents’ concerns. Ms. Malkin said the concern is with safety and concentration of shelters in one area, not with property taxes, and she wants to ensure residents are not portrayed negatively. Chair Fletcher thanked Ms. Malkin for bringing this to the Commission’s attention and said he did not get a negative impression of the residents. PUBLIC HEARING 3. Approve Use Permit 16-463 for 1490 Mark Thomas Drive to Participate in the Safe Parking Program; Applicant Reverend Robert M. Ott, Rector, St. John's Chapel; Owners St. John's Parish in Del Monte; C-2 Zoning Designation; (Exempt from CEQA Review per Article 19, Section 15301 and Section 15303) ACTION: Adopted a resolution approving Use Permit 16-463 to allow participation in the Safe Parking Program with amended Conditions of Approval. Staff Presentation/Commissioner Questions Todd Bennett presented the Agenda Report and answered Commissioners’ questions. Kimberly Cole was also present and answered Commissioners’ questions. Mr. Bennett noted that the distance between the church and the nearest residence is 525 feet, not 600 feet as indicated in the Agenda Report. He also said Standard Condition of Approval #1 in the resolution should be amended to more accurately reflect the expiration date of the use permit. Applicant Rector Robert Ott, Saint John’s Episcopal Church, thanked the Planning Commission and City staff and gave a brief history of the church. Mr. Ott said outreach is central to the mission of the church and that the church wants to work with the City to create a safe and secure program. He also said he has spoken with Del Monte Golf Course, Hyatt Regency Hotel, and Santa Catalina School and has received no objections to the application. In response to the Commission’s question regarding insurance, Mr. Ott said both the church and One Starfish have liability insurance. Public Comments Tia Sukin, One Starfish founder under Pass the Word Ministry, gave information about the history of the program, the demographics of clients served, the intake process, and a description of the services provided by the program. In response to Commissioner Reed’s Planning Commission Meeting Minutes Tuesday, December 13, 2016 2 Planning Commission Minutes Tuesday, December 13, 2016 question, Ms. Sukin said she is not aware of any safety concerns for the proposed location. Pastor Jim Nelson, Pass the Word Ministry, thanked the Planning Commission, Pastor Ott, and the congregation of Saint John’s Episcopal Church for the opportunity to have a safe parking program at the church. Mr. Nelson said the location is ideal because it is accessible, off the road in a private location, and has a bathroom for program participants. Rowan Wolnick said she was involved in the efforts to allow One Starfish to host safe parking at the Methodist Church on Soledad Drive and is now the case manager for One Starfish. Ms. Wolnick thanked the Planning Commission for considering the application and said the location is beautiful, quiet, and will not impede on anyone. Monica Hoffman, Villa del Monte Neighborhood Association, said she fully supports the One Starfish program and that she would like to welcome the program on behalf of herself and the neighborhood association. Commissioner Comments Commissioner Dawson said Saint John’s Episcopal Church is a better location than the Methodist Church on Soledad Drive and that he supports the application. Commissioner Davis made a motion to adopt a resolution approving Use Permit 16-463 to allow participation in the Safe Parking Program with amended Conditions of Approval as follows: 1. That this approval will expire 24 months from the date of approval by the City of Monterey unless the approved use is exercised within this time frame. 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. 2. That this approval will expire concurrently with the expiration of Section 38-126, the Safe Parking Program, unless extended by the City Council. If the City Council amends the ordinance, the use permit shall be reviewed for conformity with the revised ordinance. If the use is inconsistent with the revised ordinance, this permit shall be reopened for discretionary review. is subject to the reauthorization of the Safe Parking Program. If the Safe Parking Program is not reauthorized by the City Council, then this project approval shall become a temporary use and shall expire on the on the same date the Safe Parking Program expires. Commissioner Widmar seconded the motion. Commissioner Reed said the One Starfish program is fantastic and he strongly supports it. On a motion by Commissioner Davis, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission adopted a resolution approving Use Permit 16-463 to allow participation in the Safe Parking Program with amended Conditions of Approval: AYES: 7 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Planning Commission Meeting Minutes Tuesday, December 13, 2016 3  Planning Commission Minutes Tuesday, December 13, 2016 4. Approve Parking Adjustment 16-491 for 886 Cannery Row for Seven Parking Spaces; Applicant Grace Lee; Owner Monterey Bay Aquarium Foundation; CR Zoning (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ACTION: Adopted a resolution approving Parking Adjustment 16-491 for three parking spaces. Staff Presentation/Commissioner Questions Fernanda Roveri presented the Agenda Report and answered Commissioners’ questions. Applicant Steve Lyon, Monterey Bay Aquarium, said that the Aquarium is supportive of the three space parking adjustment proposed by staff and that he is happy to answer any questions the Commissioners have. In response to Commissioner Latasa’s question regarding water credits, Mr. Lyon said the Aquarium has several acre feet of water credits saved from a desalination plant to use for the project. Public Comments None. Commissioner Comments Commissioner Widmar made a motion to adopt a resolution approving Parking Adjustment 16- 491 for three parking spaces at 886 Cannery Row. Vice Chair Millich seconded the motion. Commissioner Dawson suggested that the parking adjustment fee be waived since the project will not add any additional cars or people. Ms. Caraker said the ordinance requires an in-lieu fee, calculated by the Parking Division, and if there were a provision for a waiver the project could be brought back before the Commission for review. Commissioner Latasa said at the Architectural Review Committee (ARC) Meeting on December 7, 2016, the ARC was enthusiastic about the appearance of the proposed project. On a motion by Commissioner Widmar, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission adopted a resolution approving Parking Adjustment 16-491 for three parking spaces: AYES: 7 COMMISSIONERS: Fletcher, Millich, Davis, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 5. Amend Use Permit 11-154 for 479 Alvarado Street to Allow Live Entertainment on Fridays, Saturdays, and Holiday Eves; Owners William & Laura Stahl, Trustees; Planned Community Downtown (PC-D) Zoning District; (Exempt from CEQA Requirements per Article 19, Section 15301) ACTION: Adopted a resolution amending Use Permit 11-154 to allow live entertainment on Fridays, Saturdays, and holiday eves. Planning Commission Meeting Minutes Tuesday, December 13, 2016 4  Planning Commission Minutes Tuesday, December 13, 2016 Staff Presentation/Commissioner Questions Mr. Bennett presented the Agenda Report and answered Commissioners’ questions. Public Comments Anthony Buich, Bull and Bear Whiskey Bar and Taphouse owner, explained the historic significance of the restaurant’s name and said he is using live entertainment to raise money for local charities. Mr. Buich also said he is in support of the amended language proposed by staff and that he wants to be respectful of neighbors and their work schedules. Commissioner Comments Commissioner Davis said he appreciates the good work the property owner has been doing over the past couple of years. Commissioner Reed made a motion to adopt a resolution amending Use Permit 11-154 to allow live entertainment on Fridays, Saturdays, and holiday eves. Commissioner Latasa seconded the motion. Vice Chair Millich abstained from voting due to being acquaintances with the business owner. On a motion by Commissioner Reed, seconded by Commissioner Latasa, and carried by the following vote, the Planning Commission Adopted a resolution amending Use Permit 11-154 to allow live entertainment on Fridays, Saturdays, and holiday eves: AYES: 6 COMMISSIONERS: Fletcher, Davis, Dawson, Latasa, Reed, Widmar NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Millich RECUSED: 0 COMMISSIONERS: None 6. Amend Use Permit 08-351 (Live Entertainment) for 711 Cannery Row, Suite 1 to Modify Hours for Live Entertainment; Owner Cannery Row Company; C-R Zoning Designation; (Exempt from CEQA Requirements per Article 19, Section 15301) - RECOMMENDING TO TABLE ACTION: Tabled. This item was tabled by the Planning Commission after the Consent Agenda. COMMISSIONERS COMMENTS Commissioner Dawson said as a board member of Alliance of Monterey Area Preservationists (AMAP), he met with the National Trust regarding the Cooper Molera Adobe and he gave the Commission an update on construction at the site. INFORMATIONAL REPORTS & STAFF COMMENTS 7. Planning Office Update  Update received  Ms. Caraker said the meeting of December 27, 2016 will be cancelled.  Ms. Caraker also said Council will be reviewing the Planning Commission’s recommendation on Accessory Dwelling Units at their meeting on December 20, 2016. Planning Commission Meeting Minutes Tuesday, December 13, 2016 5 Planning Commission Minutes Tuesday, December 13, 2016 ADJOURNMENT There being no further business, the meeting adjourned at 5:04 p.m. Respectfully Submitted, Approved, Elizabeth Caraker, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes Tuesday, December 13, 2016 6