Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, July 10, 2018 4:00 PM AFTERNOON SESSION ONLY FEW MEMORIAL HALL OF RECORDS COUNCIL CHAMBERS 580 PACIFIC STREET MONTEREY, CALIFORNIA Commissioners Present: Dawson, Latasa, Brassfield, Fletcher, Millich, Reed Commissioners Absent: None Staff Members Present: Community Development Director Cole, Housing and Community Development Manager Caraker, Associate Planner Schmidt, Recording Secretary Leinen CALL TO ORDER Chair Dawson called the meeting to order at 4:01 p.m. CONSENT ITEMS Commissioner Reed made a motion to approve the Consent Items. Commissioner Fletcher seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission approved the CONSENT ITEMS: AYES: 6 COMMISSIONERS: Dawson, Latasa, Brassfield, Fletcher, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. June 26, 2018 ACTION: Approved as submitted. ***End of Consent Agenda*** PUBLIC COMMENTS Anthony Buich, owner of Bull and Bear Whiskey Bar and Taphouse, said he and the neighboring property owner are in a dispute regarding interpretation of the City’s Noise Ordinance. Mr. Buich said the Ordinance is outdated, vague and subjective. He also said the 65 decibel (db) threshold is very low and that he would like the issue placed on a future agenda so the Ordinance can be amended to reflect the mixed use nature of the Downtown Area. Malcolm Crouch said he is tasked with ensuring the Bull and Bear’s patio noise is within the 65db limit and continually comes up short. He said noises outside the patio are louder than 65db and the Noise Ordinance in relation to the mixed use, Downtown area should be addressed on a future agenda.  Planning Commission Minutes Tuesday, July 10, 2018 Jacqueline Kabot said music saves lives and she encouraged people to go to the Bull and Bear and other venues with live music. She said many people support the Bull and Bear and the music movement, and that she would like to start a conversation with those in opposition. John Prock, owner of The Monterey Music Store, said street noise is louder than 65db and he provided examples of sounds and events around town that are louder than 65db. Mr. Prock asked the Planning Commission to change the 65db limit and said it is ridiculous for the Bull and Bear to be targeted. Brian Andress said the Noise Ordinance is outdated and that there are more sources of noise existing today than when the Ordinance was written. He requested that the matter be agendized so the Ordinance can be updated. Michael Royster said other areas are not having an issue with the 65db sound limit and he does not want one business to be discriminated against. He said the Ordinance is unclear as to where the measurement of 65db should be taken and that the Ordinance needs to be updated with a db limit that is relevant to 2018. Kenneth Wolf said Monterey is built on music, fishing and entertainment and he asked the Planning Commission to work with the community and those who support changing the 65db noise limit. Jason Emmitt, manager at the Bull and Bear, said the business has worked hard to comply with the 65db noise limit but other noises outside the business, such as buses, also need to be taken into consideration. He said people’s livelihoods and the wellbeing of the community depend on the music at the Bull and Bear and that music in the community is at risk of dying out. A speaker identifying herself as Darcy said the Bull and Bear is not just a bar, but a venue where people go to enjoy live music out on a patio. She said she would like to see the Noise Ordinance placed on an agenda and changed. Dina Darling said she is the insurance agent for the Bull and Bear and that it is a great business being killed by the lawsuit they are involved in. Ms. Darling asked that the business be given the opportunity to meet with the Planning Commission to work on the Noise Ordinance, not only for their business, but other businesses in Monterey. A speaker identifying himself as Shawn said the Bull in Bear is a diverse, wonderful place. He said as a local musician he appreciates venues like the Bull and Bear that provide up and coming artists a place to start out and that there are not many local venues like this. PUBLIC HEARING 2. Approve 551 Foam Street; Use Permit Application UP-18-0109 to Allow Residential Density to Exceed 30 Units Per Acre for a Mixed Use Building Conversion to Two Residential Units; Applicant Luyen Vu; Owners Scott Liming and Elizabeth Sanchez; PC-LH Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 ACTION: Adopted a resolution approving Use Permit UP-18-0109 to allow residential density to exceed 30 units per acre with added Special Conditions of Approval. Planning Commission Meeting Minutes Tuesday, July 10, 2018 2 Planning Commission Minutes Tuesday, July 10, 2018 Staff Presentation/Commissioner Questions Chris Schmidt presented the Agenda Report and answered Commissioners’ questions. Elizabeth Caraker also answered Commissioners’ questions. Applicant Eric Miller of Eric Miller Architects, applicant, responded to questions raised by the Commission saying that the proposed extension of the bedroom is similar to a bay window and that the area under the window is the only feasible place to store the trash cans. He also said the existing commercial space has been vacant and he looks forward to having a residential use that will bring in more people. Mr. Miller said neighboring property owner, George Ash, supports the project and is hopeful that the Planning Commission will allow the parapet to be extended so the proposed roof deck does not have views into his bathroom skylight. In response to Chair Dawson’s question, Mr. Miller said the building has a flat façade and the stainless steel awning will add to the architecture in a decorative way. Public Comments Patricia Domingo said she was involved in the creation of the Lighthouse Specific Plan (LHSP) and that the increase in density without additional parking is not something she understood to be part of the Plan or agreed to. Ms. Domingo said there is currently no parking in the uphill neighborhood and that not providing enough parking will set a precedent and pit neighbor against neighbor. Laurie Hambaro, New Monterey resident, said although she lives more than seven blocks from the Aquarium, she sees visitors parking in her neighborhood and that there is not adequate parking for employees of Cannery Row. Ms. Hambaro said parking for the project needs to be considered and she expressed concern regarding the method used by the City to measure traffic and using a reduction of parking to encourage use of public transportation. Commissioner Comments Commissioner Reed said he was involved in nearly all LHSP meetings and he does not see parking to be an issue. He said currently there could be several people working in the office space with several separate cars and switching the use to residential would at best decrease the number of cars or at worst keep it the same. Commissioner Reed expressed concern with the finding that the project is of exceptional design, and deferred to the architects on the Commission to make that determination. He also said the issues with the neighboring property of the parapet and walkway are easy to deal with and said purchase of parking permits for the City garage could be conditioned with approval of the project. Commissioner Brassfield said he has concerns with protecting the privacy of the neighbor’s bathroom and the parking issues. He also said he applauds the developer for taking a marginal business and converting it to residential because this is needed in the City, but that creating residences without additional parking puts immense pressure on the neighborhoods. Commissioner Brassfield said he cannot support the project if it does not have parking. Vice Chair Latasa said he is also concerned with the issue of parking and asked if purchase of City garage parking permits could be part of the project approval. Ms. Cole said in order to allow for the adaptive reuse of buildings, the LHSP Parking Standard states that no additional parking is required. She said if the Planning Commission and City Council want to change this Standard the appropriate way to do so would be by amending the LHSP. In regards to Commissioner Millich’s question about the General Plan Circulation Element, Ms. Cole said Planning Commission Meeting Minutes Tuesday, July 10, 2018 3 Planning Commission Minutes Tuesday, July 10, 2018 the Multi-Modal Plan took into consideration that in the future driving would be a less feasible mode of transportation. In response to Commissioner Fletcher’s question about payment in lieu of parking spaces, Ms. Cole said this is a possibility for new residential uses in new buildings and that an existing building with a change of use follows a different approach. Commissioner Brassfield said in the 13 years since the General Plan has been updated, traffic problems have intensified and approval of projects is happening at a rate that no longer is a wash. He also said he does not know what the solution is, but he does not feel that this is moving towards the solution. Vice Chair Latasa said the Parking Standard in the LHSP gives strong guidance regarding the parking issue. He also said the project is an exceptional design with lots of interesting, high quality materials and an elegant design. Commissioner Fletcher said the proposed project is a significant improvement over what is currently there in terms of quality of materials and subtleties of detailing, and he is sure that Mr. Miller’s work will be of very high quality. He said he does not have any issues with the project as submitted. Commissioner Fletcher said he empathizes with the neighbors living in New Monterey and suggested they apply for residential parking permits. He also expressed concern with first responders getting through the rush hour traffic in the Cannery Row and Lighthouse areas and said this is a significant issue that should be put before the Commission for discussion. Ms. Caraker said the Planning Office Work Program will be on a future agenda, along with the Circulation Element. Commissioner Millich said he agrees with Commissioner Reed that the proposed building is not an exceptional design. He also said the proposal does not contribute to the vision of the LHSP as the vision is for mixed use, not residential. Commissioner Millich also said there may not be a need for an additional parking space if the proposal was for low cost housing, but it is not. Commissioner Millich also said though parking may not be required, the traffic problems of the parking is going to add to the circulation problem that exists and that he cannot support the project as proposed. Commissioner Reed said the LHSP was adopted only a couple years ago and that a conscious decision was made that Foam Street does not have to be mixed use. He also said he trusts the architects on the Commission that the design is exceptional and that he would support the project based on its exceptional design. Chair Dawson said the proposed project is an exceptional design and will fit in with the street. Regarding parking, Chair Dawson said the issue may be self-regulating as whoever rents or buys the residence will be aware going in that there is no assigned parking space. He said he is in favor of the project. Commissioner Brassfield asked whether there are any height issues related to increasing the parapet height for privacy and Mr. Schmidt said an increase of four or five feet would be allowed. Commissioner Brassfield said he would like this as a Condition of Approval. Vice Chair Latasa asked if the project should require review by the Architectural Review Committee (ARC). Chair Dawson said he would like the project to go before the ARC, at least as part of the Consent Agenda. Commissioner Reed made a motion to adopt a resolution approving Use Permit UP-18-0109 to allow residential density to exceed 30 units per acre with added Special Conditions of Planning Commission Meeting Minutes Tuesday, July 10, 2018 4  Planning Commission Minutes Tuesday, July 10, 2018 Approval as follows: 1. That, the applicant shall raise the parapet height to reduce privacy impacts to the adjacent properties. 2. That, the design of the project receives ARC approval, and may be placed on the consent ARC agenda. Commissioner Fletcher seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission adopt a resolution approving Use Permit UP-18-0109 to allow residential density to exceed 30 units per acre with added Special Conditions of Approval: AYES: 4 COMMISSIONERS: Dawson, Latasa, Fletcher, Reed NOES: 2 COMMISSIONERS: Brassfield, Millich ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner Millich said he would like to receive information and have a session involving the Noise Ordinance especially as applied to commercial and business districts, and also be provided with similar ordinances involving areas that have a great deal of entertainment. Commissioner Fletcher asked what the procedure is for placing things on the Planning Commission Agenda when people come before the Planning Commission with strong opinions on a subject, as they did this evening. Ms. Caraker said staff tries to stick to the Work Program, but if there is an issue of concern staff will take direction from the City Manager and the City Council. INFORMATIONAL REPORTS & STAFF COMMENTS 3. Planning Office Update  Report received.  Chair Dawson said he will be absent from the next Planning Commission meeting. ADJOURNMENT There being no further business, Chair Millich adjourned the meeting at 5:26 p.m. Respectfully Submitted, Approved, Elizabeth Caraker Chair Housing and Community Development Manager Planning Commission Planning Commission Meeting Minutes Tuesday, July 10, 2018 5