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Planning Commission Meeting

Regular Meeting

Monterey, CA · October 24, 2017

AgendaMinutesPacket

Minutes

MINUTES PLANNING COMMISSION AFTERNOON SESSION ONLY Tuesday, October 24, 2017 4:00 PM – 7:00 PM 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Reed, Fletcher, Dawson, Millich, Brassfield, Ezekiel Commissioners Absent: Latasa Staff Members Present: Interim Community Development Director Cole, Housing & Community Development Manager Caraker, Senior Associate Planner Bennett, Recording Secretary Salameh CALL TO ORDER Chair Millich called the meeting to order at 4:00 p.m. MEETING PROCEDURES PRESENTATIONS 1. Demonstration on the City's Public Search Engine for Documents and Records - isearchmonterey.org CONSENT ITEMS Approval of Minutes 2. September 26, 2017 Action: Approved as submitted. On a motion by Commissioner Dawson, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission approved the minutes of September 26, 2017 as submitted. AYES: 6 COMMISSIONERS: Reed, Fletcher, Dawson, Millich, Brassfield, Ezekiel NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS Michael Royster, an educator at Monterey High School for 18 years, expressed concern about noise permitted in downtown Monterey. He said that music is an art just as painting or cooking and that he was concerned that the City only allowed a small number of venues to host live music events at low decibel levels. He said that the Bull and Bear was one of the few venues allowed to host live music and since a change in the zoning ordinance, complaints of the live music seemed to be more prevalent. He asked that Planning Commission Minutes Tuesday, October 24, 2017 establishments continue to be allowed to host live music events without incident in the future. John Prock, owner of The Monterey Music Store, said that recent complaints of noise from local apartment tenants on Alvarado Street had caused a drastic decrease in his business. He also noted that the local farmers market was a detriment to his business, as was the Independence Day Parade, and expressed concern that these activities exceeded the decibel level recommended by City zoning standards. Rose Bruno also expressed concern regarding the noise ordinance said that she would like to encourage changes in favor of local businesses in order to allow and support live entertainment. Anthony Buich, owner of the Bull and Bear, read an email from Jacqueline Kabat, which expressed disquiet over recent changes in the noise ordinance, as she noted that her life had been deeply touched by music. The email from Ms. Kabat encouraged readers to consider the healing properties of music and said that artists should not be limited by volume constraints. Mike Pekin said that he was opposed to the wireless policies he believed to be held by the City and encouraged Planning Commissioners to consider the City of Piedmont, California and its policies regarding cellular facilities. He noted that Mr. Bennett had been courteous in answering questions regarding cellular facility applications, but that the facilities were powerful in their transmissions and he felt they could be extremely damaging. He asked that the Planning Commission prepare thoroughly for upcoming meetings regarding the facilities. PUBLIC HEARING 3. Approve 2020 Del Monte Avenue; Use Permit UP-17-0273 to Allow for a Formula Fast Food Eating and Drinking Establishment and Drive-Through Service Window (Franchise Coffee Shop), and Variance VA-17-0271 to Allow for a Formula Fast Food Eating and Drinking Establishment to be Located Within 500 Feet of a School (120 Feet Proposed); Applicant/Owner FE Monterey, LLC; C-2-D2 Zoning Designation; Exempt from CEQA Requirements per Section 15303, Class 3 Action: Adopted a resolution approving Use Permit UP-17-0273, 2020 Del Monte Avenue to Allow for a Formula Fast Food Eating and Drinking Establishment and Drive-Through Service Window (Franchise Coffee Shop), and Variance VA-17-0271 to Allow for a Formula Fast Food Eating and Drinking Establishment to be Located Within 500 Feet of a School (120 Feet Proposed). Staff Presentation/Commissioner Questions Senior Associate Planner Bennett presented the Agenda Report and took Commissioners’ questions. Commissioner Ezekiel asked if the City had approved a variance similar to this application before and if the City had conducted a study or reviewed recent studies in nearby cities on similar projects. Mr. Bennett said that he was not aware of anything similar to this project and that a study Planning Commission Meeting Minutes Tuesday, October 24, 2017 2 Planning Commission Minutes Tuesday, October 24, 2017 had not been conducted. He explained that the noise from the business would fall within allowable restrictions and would be subject to use permit authority. Commissioner Fletcher asked if the walking distance between the subject site and the neighboring school was greater than 500 feet. Mr. Bennett said yes and also explained that the neighboring school was a closed- campus with kindergarten to fourth grade level students; therefore they would be unable to leave freely to visit the coffee house next door. Vice Chair Dawson asked how and when deliveries would be made to the business. Mr. Bennett deferred to the applicant. Commissioner Brassfield said that he was glad to see the land being put to use and he felt that this was a nice project, noting that he was also glad to see a single-story rather than a multi-story building. He asked about the potential noise and if only one pickup window would exist. Mr. Bennett explained that one speaker system outside of the building would be used on the message board and one pickup window would be utilized. He said that the queue for the pickup window would line up along the side of the building furthest from any residences. Commissioner Brassfield asked about the potential employee noise level that could occur in the parking lot prior to and after shifts. Mr. Bennett said that employee noise had not been considered by staff. Applicant Matt Nohr with Orosco Group addressed the project and said that a lot of time and care had been devoted to its development and that they were sympathetic and respectful to the existing neighborhood. He said that they had intentionally placed employee parking and the pickup window queue along Del Monte Avenue to mitigate noise impacts, and landscaping had been designed to soften the edges of the subject site. He also noted that deliveries would occur on the far west side of the building along Del Monte Avenue, in order to not disturb residents of the nearby neighborhood. Commissioner Fletcher asked if an effort had been made to screen the headlights of cars on the site. Mr. Nohr said that the landscaping would shield headlights of cars onsite. Mr. Bennett noted that the landscaping would be addressed by the Architectural Review Committee and that they would also consider potential glare concerns. Commissioner Ezekiel asked Mr. Nohr if he foresaw any potential impacts on residents between 4:30 a.m. and 6:30 a.m. Mr. Nohr said no, that they had reached out to the Villa Del Monte Neighborhood Association and communicated the potential business hours and they indicated that they Planning Commission Meeting Minutes Tuesday, October 24, 2017 3 Planning Commission Minutes Tuesday, October 24, 2017 were in support. Amber Reed of Starbucks Coffee Company said that a 4:30 a.m. opening had been requested because that is the time that the Lighthouse Avenue and David Avenue Starbucks establishments open. She noted that at that hour, there is not a lot of employee congregating and socializing and said that partner expectations dictate parking standards for employees. She addressed the queue system and also how deliveries would occur later in the evenings by a single trailer. Public Comments John Stansbury, a commercial broker working with Orosco Group, spoke of early attempts to market the subject site and how it had originally been intended as a supermarket. He noted that the supermarket use would have superseded the traffic of a coffee house and that they created a concerted effort to get the right fit for the site, with community input. Commissioner Dawson asked Mr. Stansbury if a tenant had been arranged for the other space. Mr. Stansbury said that they were currently in discussion, but that no one had been officially identified yet. Commissioner Comments Vice Chair Dawson said that he was in support of the project, as the variance was appropriate because the neighboring school was a closed campus. Commissioner Reed said that this would be a great use and less impactful than a grocery store. He reiterated that it was encouraging to hear that the neighborhood and school were in support of the project and noted that Starbucks employees were typically conscientious of their actions. Commissioner Fletcher said that the project was easy to support, as it maximized setbacks and was of quality design. Commission Ezekiel said that the work put into the project was commendable, although he was concerned with its proximity to the neighboring school. He noted that several studies done in many countries indicated that prohibition of fast food establishments near schools proved to be beneficial. Commissioner Brassfield said that while Starbucks seemed to draw a younger crowd, he did not seem to believe fourth graders would be of concern. He expressed concern with the 4:30 a.m. shift for employees, but said that the distance between the parking area and neighboring apartments was commendable. On a motion by Commissioner Reed, seconded by Commissioner Brassfield, and carried by the following vote, the Planning Commission adopted a resolution approving Use Permit UP-17-0273, 2020 Del Monte Avenue to Allow for a Formula Fast Food Eating and Drinking Establishment and Drive-Through Service Window (Franchise Coffee Shop), and Variance VA-17-0271 to Allow for a Formula Fast Food Eating and Drinking Establishment to be Located Within 500 Feet of a School (120 Feet Proposed). Planning Commission Meeting Minutes Tuesday, October 24, 2017 4 Planning Commission Minutes Tuesday, October 24, 2017 AYES: 6 COMMISSIONERS: Reed, Fletcher, Dawson, Millich, Brassfield, Ezekiel NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Vice Chair Dawson asked Commissioner Ezekiel to give a brief history of himself; Commissioner Ezekiel did so. Chair Millich asked when Lighthouse Avenue traffic would subside, now that the roundabout at Holman Highway was complete. Commissioner Fletcher asked about making recommendations for alleviation of specific traffic patterns. Ms. Caraker said that the Acting Traffic Engineer could present a report on traffic alleviation. Commissioner Brassfield asked about updating the Del Monte Avenue area plan. Mr. Bennett and Ms. Caraker explained that area plans are updated when they become obsolete or when time and budget allow. The Planning Commission discussed times and ensuring adequate preparation for the November 14, 2017 Planning Commission meeting. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Update received ADJOURNMENT There being no further business, the meeting adjourned at 5:09 p.m. Respectfully Submitted, Approved, Elizabeth Caraker Chair Housing & Community Development Manager Planning Commission Planning Commission Meeting Minutes Tuesday, October 24, 2017 5

Agenda

Planning Commission Agenda Commissioners Stephen Millich, Chair AFTERNOON SESSION Mike Dawson, Vice Chair Mike Brassfield ONLY Samuel Ezekiel Daniel Fletcher Tuesday, October 24, 2017 Terry Latasa 580 Pacific Street Hansen Reed Council Chambers 4:00 PM Monterey, California FIELD TRIP The Planning Commission will conduct a field trip on Monday, October 23, 2017 to review the Tuesday, October 24, 2017 Planning Commission agenda. The field trip will depart from the field behind Colton Hall at 4:00 p.m. For more information, please call 831-646- 3885. Date Posted: October 20, 2017 CALL TO ORDER MEETING PROCEDURES PRESENTATIONS 1. Demonstration on the City's Public Search Engine for Documents and Records - isearchmonterey.org CONSENT ITEMS CONSENT ITEMS allow for a review of those items recommended for approval on consent or recommended to be continued, tabled or withdrawn, etc. Consent items consist of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Commissioner may request that an item recommended for approval on consent be heard on the regular agenda for further discussion. Approval of Minutes 2. September 26, 2017 ***End of Consent Agenda*** PUBLIC COMMENTS PUBLIC COMMENTS. At this time, the public may speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey Planning Commission and which is not on the agenda. Any person or group desiring to bring an item to the attention of the Commission may do so during Public Comments or by addressing a letter of explanation to the Commission, City Hall, Monterey, CA 93940. Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are required by law for certain actions. You are welcome to offer your comments after being recognized by the Chair. The Chair may limit the time allocated to each speaker. Project representation is encouraged. 3. Approve 2020 Del Monte Avenue; Use Permit UP-17-0273 to Allow for a Formula Fast Food Eating and Drinking Establishment and Drive-Through Service Window (Franchise Coffee Shop), and Variance VA-17-0271 to Allow for a Formula Fast Food Eating and Drinking Establishment to be Located Within 500 Feet of a School (120 Feet Proposed); Applicant/Owner FE Monterey, LLC; C-2-D2 Zoning Designation; Exempt from CEQA Requirements per Section 15303, Class 3 COMMISSIONERS COMMENTS COMMISSIONERS may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, a Commissioner may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda. (G.C. 54954.2) INFORMATIONAL REPORTS & STAFF COMMENTS INFORMATIONAL REPORTS & STAFF COMMENTS supply information on activities or announcements and may request clarification or direction regarding the scheduling of meetings and study sessions. 4. Planning Office Update ADJOURNMENT ADJOURNMENT — The general policy of the Planning Commission is that the Afternoon Session will end no later than 5:30 p.m. and the Evening Session will end no later than 11:00 p.m. Any public agenda items that have not been completed within the designated adjournment time may be formally extended by the Commission, or continued to the next regularly scheduled Planning Commission Meeting, or continued to a Special Meeting. Agenda packets may be reviewed by the public in the Monterey Public Library, in the Planning Office, or on the web at http://www.monterey.org beginning late Friday afternoon prior to the date of the meeting. Members of the public have the right to address the Commission on any Agenda items. The Chair will formally open the floor for public comment. However, if you wish to speak to items during "Consent Agenda" or "Staff Informational Report," please advise the staff or the Chair prior to the action on that item and you will be recognized. Notification as much in advance as possible is appreciated. Information distributed to the Commission at the meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided to the Secretary for this purpose. Planning Commission decisions may be appealed within ten (10) days from the date of the decision on forms available in the Planning Division during business hours. When the tenth day falls on a weekend or a holiday, the appeal deadline date is the next working day following the holiday or weekend. An appeal fee will apply. For more agenda information, call the Planning Office at (831) 646-3885. Planning Commission Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: (831) 646-3799 FAX: (831) 646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org Planning Commission Tuesday, October 24, 2017 2 The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646- 3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communication-related assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device. UPCOMING MEETINGS AT CITY HALL Oct 25 Council Study Session, Council Chamber - 4:00 PM Oct 25 Library Board Meeting, Library Community Room - 5:00 PM Oct 25 Oversight Board Meeting Cancellation, Council Chamber - 7:00 PM Nov 1 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Nov 2 Zoning Administrator Meeting, Council Chamber - 4:00 pm Nov 6 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Nov 7 Council Regular Meeting, Council Chamber - 4:00 PM Nov 9 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Nov 9 MP Regional Water Authority Meeting, TBD - 7:00 PM Nov 14 Planning Commission Meeting, Council Chamber - 4:00 pm Nov 15 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Nov 16 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Nov 16 Zoning Administrator Meeting, Council Chamber - 4:00 pm Nov 21 Council Regular Meeting, Council Chamber - 4:00 PM Nov 22 Oversight Board Meeting, TBD - 7:00 PM Nov 27 Museums and Cultural Arts Commission Meeting, Council Chamber - 4:00 pm Nov 28 Planning Commission Meeting, Council Chamber - 4:00 pm Dec 4 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Dec 5 Council Regular Meeting, Council Chamber - 4:00 PM Dec 6 Architectural Review Committee Meeting, Council Chamber - 4:00 pm MORE INFORMATION IS AVAILABLE BY CALLING 646-3885 Planning Commission Tuesday, October 24, 2017 3

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