Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, December 12, 2017 4:00 PM 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Millich, Dawson, Brassfield, Ezekiel, Fletcher, Latasa, Reed Commissioners Absent: None Staff Members Present: Acting Community Development Director Cole, Housing & Community Development Manager Caraker, Associate Planner Schmidt, Building Official Kuehl, Urban Forester Morton, Senior Engineer Williamson, Recording Secretary Leinen CALL TO ORDER Chair Millich called the meeting to order at 4:01 p.m. CONSENT ITEMS Commissioner Reed made a motion to approve the Consent Items. Vice Chair Dawson seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Dawson, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 7 COMMISSIONERS: Millich, Dawson, Brassfield, Ezekiel, Fletcher, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. November 28, 2017 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 2. Approve 860 Wave Street; Use Permit 17-0428 for a Commercial Recreation and Entertainment Use (Outdoor 18 Hole Miniature Golf Course); Applicant April Montgomery; Owner Cannery Row Company; C-2 Zoning District; Exempt from CEQA Requirements per Article 19, Section 15303, Class 3 ACTION: Adopted a resolution approving Use Permit UP-17-0428 for a Commercial Recreation and Entertainment Use (outdoor miniature golf) with amended Special Conditions of Approval. Staff Presentation/Commissioner Questions Chris Schmidt presented the Agenda Report and answered Commissioners’ questions. Elizabeth Caraker and Kimberly Cole also answered Commissioners’ questions. Building Official John Kuehl answered Commissioners’ questions regarding restroom requirements for temporary structures, ADA requirements for miniature golf courses and restrooms, current buildings in the city without restrooms, and required building permits for the proposed project. In response to Commissioner Reed’s question, Mr. Kuehl confirmed that the submitted application, with Conditions of Approval, would be sufficient for issuance of a building permit. Applicant April Montgomery, applicant, gave an overview of her existing businesses and the proposed project. She said tee times and a large queuing area will prevent disturbance to the neighboring sidewalk and Recreation Trail. Ms. Montgomery said many Cannery Row businesses do not have restrooms and that she refers customers to public restrooms in the Steinbeck Building. She also said a porta-potty would not compliment the clean, classy ambiance of the course. Ms. Montgomery played a sample of the proposed ambient sound and described proposed lighting for the course and measures that would be taken to protect the existing tree on site. In response to Commissioner Fletcher’s question regarding the 65db sound limit, Ms. Montgomery said this would not be a problem for the proposed ambient sound. Ms. Caraker added that measurement of db levels is usually done on a complaint basis. In response to Commissioner Latasa’s question regarding landscaping, Ms. Montgomery said that she is looking to use reclaimed water collected by the Cannery Row Company. In response to Commissioner Ezekiel’s question, Ms. Montgomery said the peak time is whenever school is out and that she hopes for 30,000 to 50,000 customers in the first year. In response to Commissioner Brassfield’s question, Ms. Montgomery said tee times would be announced in the queue area only. She also said the structure proposed would be similar to a closet and accommodate golf balls, putters, and an iPad. Public Comments Eutiquio Chapa, 805 Wave Street, said he is not against the proposed business but is concerned with the lack of water and restrooms on site. He said the closest restroom is approximately 1000 feet away which may lead customers to urinate in public places. Mr. Chapa expressed concern that only half the course will be ADA accessible and said the project needs further review. Jung Ho Pak, 845 Wave Street, said he is concerned with noise and lighting impacts. He said customers yelling or cheering would greatly exceed the 65db limit and that hearing music continually repeated would become psychologically torturous. Mr. Pak said he would be supportive of the proposed business if it had walls to mitigate these issues. He also expressed concern with the Cannery Row area becoming similar to an amusement park, losing its integrity. George Molano, 821 Wave Street, expressed concern with safety, noise, the distance of the site from restrooms, impacts on businesses and restaurants with restrooms, parking and increased traffic, use of astroturf on site, and shipping water to the site by truck. He also said he is concerned with how the course will be lit while still being in compliance with City guidelines, due to the slope of the site. Mr. Molano spoke of the Recreation Trail Policies and Standards and said direct access from the recreation trail should not be allowed. He also said he is concerned with maintaining the feel of Cannery Row and having a balance between residential and commercial uses. Barbara Meister, Monterey Bay Aquarium Public Affairs Director, said the proposed project borders several Aquarium properties and may not be a compatible use for the area. She also said there is a large amount of pedestrian and bicycle congestion on the Recreation Trail and that the Wave Street sidewalk is narrow. Ms. Meister questioned if the ADA portion of the course is on the upper or lower half of the course and where the access would be. She also expressed concern with the proposed business depending on the Aquarium restrooms, leading to additional water use, maintenance, and custodial costs. Commissioner Comments Commissioner Latasa suggested that the Architectural Review Committee (ARC) take into consideration landscaping, protection of the existing cypress tree on site, and guardrails. Commissioner Latasa also requested that staff clarify Special Condition of Approval 11 in the resolution. Commissioner Brassfield said the City should look into installing directional signage to refer people to public restrooms. Commissioner Reed said many of the issues being discussed are things addressed at the Architectural Review level and that the Planning Commission determines whether a specific use is compatible. He also said vacant land is not beneficial for the City and due to water constraints the land could only be used for something not requiring a structure. Commissioner Reed said the use is appropriate for the site, with resolution to outstanding issues which will reduce potential nuisance levels. Commissioner Ezekiel said challenges with the proposed project include noise, impacts to the Recreation Trail, and no restroom on site. He also said a period of longer than six months is needed to evaluate impacts on adjacent sites. Commissioner Ezekiel said mitigation measures are needed to incorporate the use into the neighborhood and that it would be helpful to have a plan showing access, ingress, and egress. Due to the time, a motion was made by Commissioner Brassfield, seconded by Vice Chair Dawson, and unanimously approved to continue with item #2 and not adjourn the meeting at 5:30 p.m. Commissioner Reed said he does not see the lack of restrooms as an issue as it is normal to have to travel to reach a restroom in shopping centers in major cities like San Francisco. Commissioner Fletcher said there should be an appropriate amount of area onsite so patrons do not impede the flow of traffic on the Recreation Trail. He also said if 65db is conversation level it would not be a significant issue, but raised voices and excitement may be a concern. Commissioner Fletcher said since patrons will include children, it may be appropriate to have a screened porta-potty on site. Vice Chair Dawson said he is not overly concerned about the issue of restrooms but is worried about noise impacts. He also said ambient sounds and music are not needed and if there were a sound wall along Wave Street it would solve noise issues. Commissioner Latasa said he would support the project if there is a public restroom within reasonable distance, but he would not vote in favor of the project if it includes music or sound effects. Commissioner Brassfield said he is mainly concerned for the residents living in the neighborhood, but also with the issue of what qualifies as a permanent structure versus a temporary structure. Chair Millich said he was initially opposed to the project due to its lack of a restroom, however while it would be helpful to have a restroom on site, he would not make it a Condition of Approval. Chair Millich also said he is concerned with noise impacts. Commissioner Reed asked the applicant if she would be willing to move forward with her proposal without ambient music or sound. Ms. Montgomery confirmed she would be agreeable to an approval without ambient music or sound.  Commissioner Reed made a motion to adopt a resolution approving Use Permit UP-17-0428 for a Commercial Recreation and Entertainment Use (outdoor miniature golf) with amended Special Conditions of Approval as follows: 5. Amplified sound to be limited to the proposed six small outdoor speakers, and locations to be approved by the Architectural Review Committee during Architectural Review. 7. If the City receives a noise complaint, and the responding officer confirms a violation of the Performance Standard related to noise levels, then the amplified sound shall be turned-off for the remainder of the day/evening. Please note that the responding officer shall have the authority to issue a citation for the violation. 8. If the City receives three or more noise complaints related to the amplified sound levels within the first six months of operation, where the City has verified that the amplified noise on site exceeds the maximum performance standards found in Section 38-111 of the City Code, then the Use Permit shall be reopened for possible revisions to the conditions of approval or revocation of the Use Permit. Possible revisions could include, but would not be limited to, the allowable hours for the amplified sound, a reduction in the number of speakers, or the requirement that a new sound system be installed that has the ability to be limited to a maximum noise (dbs) level. 11. The applicant shall provide submit an archaeological report prior to architectural review permit issuance and appropriate recommendations/mitigations shall be made conditions of the Architectural Review approval. Commissioner Fletcher seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission adopted a resolution approving Use Permit UP-17- 0428 for a Commercial Recreation and Entertainment Use (outdoor miniature golf) with amended Special Conditions of Approval: AYES: 7 COMMISSIONERS: Millich, Dawson, Brassfield, Ezekiel, Fletcher, Latasa, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None By consensus, the Planning Commission moved to address items # 3 and 4 of the agenda prior to adjourning the afternoon session. Commissioner Reed left at 5:43 p.m. due to a prior commitment. PUBLIC APPEARANCE 3. Adopt Negative Declaration for the Greenbelt Fire Fuel Reduction Program Located Within the Following Six City Greenbelt Areas: Skyline Forest Drive, Crandall Road, Soledad Drive and Wellings Place, Carmelo Street, Don Dahvee Lane, and Fisherman Flats; Open Space Zoning District; Parks and Open Space General Plan Designation; Applicant and Owner City of Monterey ACTION: Adopted a resolution adopting a negative declaration for the Greenbelt Fire Fuel Reduction Program located within six City greenbelt areas. Staff Presentation/Commissioner Questions Ms. Caraker presented the Agenda Report and answered Commissioners’ questions. Stephen Morton, Urban Forester, gave an overview of the fuel reduction program and said staff has been  working towards coming into compliance with State requirements. Mr. Morton answered Commissioners’ questions. Public Comments None. Commissioner Comments Vice Chair Dawson said it would be helpful for clarification to reference Iris Canyon Road in relation to the Don Dahvee Lane Area. Commissioner Brassfield noted that packet page 78 makes a reference to the dams on the Carmel River, however there is now only one dam and it is not used by CalAm Water. Vice Chair Dawson made a motion to adopt a resolution adopting a negative declaration for the Greenbelt Fire Fuel Reduction Program located within six City greenbelt areas. Commissioner Brassfield seconded the motion. On a motion by Commissioner Dawson, seconded by Commissioner Brassfield, and carried by the following vote, the Planning Commission adopted a resolution adopting a negative declaration for the Greenbelt Fire Fuel Reduction Program located within six City greenbelt areas: AYES: 6 COMMISSIONERS: Millich, Dawson, Brassfield, Ezekiel, Fletcher, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. Adopt Mitigated Negative Declaration for Reconfiguration and Improvements to an Existing Boat Dry Storage Yard to Provide Standard Spaces for Boat Storage and to Improve Circulation; Planned Community-Waterfront Zoning Designation; Parks and Open Space General Plan Designation; Applicant and Owner: City of Monterey ACTION: Adopted a resolution adopting a mitigated negative declaration for the reconfiguration of the dry boat storage yard. Staff Presentation/Commissioner Questions Ms. Caraker presented the Agenda Report and answered Commissioners’ questions. Laurie Williamson, Senior Engineer, gave a description of the proposed project and said it also includes a formalized parking lot in case the City chooses to formalize it in the future. Ms. Williamson also answered Commissioners’ questions. Public Comments None. Commissioner Comments Chair Millich said he contacted staff by email regarding changing all references in the mitigation measures from “should” to “shall” in the final draft. Ms. Caraker said the final draft has been updated with these changes. In response to Commissioners’ questions regarding the City’s liability, Ms. Williamson said the previous property owner, Prologis, is the responsible party and that they, along with Iris Environmental, are responsible for the monitoring that is taking place and will continue to take place. Vice Chair Dawson made a motion to adopt a resolution adopting a mitigated negative declaration for the reconfiguration of the dry boat storage yard. Commissioner Fletcher seconded the motion. On a motion by Commissioner Dawson, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission adopted a resolution adopting a mitigated negative declaration for the reconfiguration of the dry boat storage yard: AYES: 6 COMMISSIONERS: Millich, Dawson, Brassfield, Ezekiel, Fletcher, Latasa NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Reed ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS None. INFORMATIONAL REPORTS & STAFF COMMENTS 5. Planning Office Update  Update received ADJOURNMENT There being no further business, Chair Millich adjourned the meeting at 6:12 p.m. Respectfully Submitted, Approved, Elizabeth Caraker, AICP Chair Housing & Community Development Manager Planning Commission