Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, July 24, 2018 4:00 PM AFTERNOON SESSION ONLY FEW MEMORIAL HALL OF RECORDS COUNCIL CHAMBERS 580 PACIFIC STREET MONTEREY, CALIFORNIA Commissioners Present: Latasa, Brassfield, Fletcher, Millich, Reed Commissioners Absent: Dawson Staff Members Present: Community Development Director Cole, Housing and Community Development Manager Caraker, Associate Planner Roveri, Recording Secretary Leinen CALL TO ORDER Vice Chair Latasa called the meeting to order at 4:01 p.m. CONSENT ITEMS 1. Approve 300 Cannery Row; and 258/270 Foam Street Use Permit Amendment 18-0241 Amending Resolution P18-003 Approving Use Permits 09-142 and 17-0128 for a Mixed Use Project that Spans Two Sites to Eliminate Condition of Approval #2 Requiring a Cannery Row Coastal Land Use Plan Amendment and Finding the Project Consistent with the Cannery Row Coastal Land Use Plan; Applicant and Owner: 300 LLC; Zoning: Cannery Row Commercial and Planned Community - Lighthouse; General Plan: Commercial; CEQA: Mitigated Negative Declaration Adopted (CONTINUE TO AUGUST 14, 2018) ACTION: Continued to August 14, 2018. Commissioner Reed made a motion to continue the item to August 14, 2018. Commissioner Fletcher seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission continued the item to August 14, 2018: AYES: 5 COMMISSIONERS: Latasa, Brassfield, Fletcher, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Dawson ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Approval of Minutes 2. July 10, 2018 ACTION: Approved as amended. Commissioner Millich requested that the spelling of the word buses be corrected on page 2 and that the third sentence of the fourth paragraph on page 4 be modified to more accurately reflect his comment. Planning Commission Minutes Tuesday, July 24, 2018 Commissioner Reed made a motion to approve the minutes as amended. 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 minutes as amended: AYES: 5 COMMISSIONERS: Latasa, Brassfield, Fletcher, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Dawson ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS Anthony Buich, owner of Bull and Bear Whiskey Bar and Taphouse, said he is involved in a lawsuit with the neighboring property owner due to differing interpretations of the City’s vague, outdated Noise Ordinance and asked that the Noise Ordinance be placed on the agenda. Mr. Buich said Monterey has an identity of live music and that there is a lot of support for it in the community, as shown by his petition with over 5000 signatures and online petition with 1500 signatures. Stuart Beck, Saucito Land Company, said the patio at the Bull and Bear was created for tranquil, outdoor dining but has morphed over time. He also said that all other music venues in Monterey, aside from the Fairgrounds, are in closed buildings, allowing citizens the choice of whether or not to participate. Mr. Beck said the neighboring mixed-use property was constructed according to the Downtown Specific Plan (DTSP) and he asked the Planning Commission (PC) to support the DTSP and those who live in the Downtown Area. Malcolm Couch, Bull and Bear security guard, said the 65 decibel (db) sound limit is violated around the City, but no other complaints have been made. He asked that the matter be placed on a future agenda to find a solution that is more appropriate for the mixed-use nature of the Downtown Area. Brian Andrus asked the PC to reevaluate the 65db limit and the method in which sound is measured. He gave examples of events in Monterey that exceed the noise limits and said he would like to have a community discussion to remedy the situation. Danica Devoy, Bull and Bear waitress, said the 65db sound limit is too low and should be raised to a reasonable level. She also suggested using creative solutions to address patio noise. Ms. Devoy said the patio is a time-honored community space that should continue to be used and that negative effects on the Bull and Bear will affect her and other employees financially. Jason Emmitt, Bull and Bear manager, said he works hard to meet the sound ordinance and that he would like an expedited agenda item to look into creating a more realistic, understandable ordinance because the current ordinance is outdated. Mr. Emmitt said not having live music will affect the local economy. Matthew Craig, Bull and Bear security guard, said the Bull and Bear is an existing establishment being penalized for the neighboring property’s decision to build a residential building. Planning Commission Meeting Minutes Tuesday, July 24, 2018 2  Planning Commission Minutes Tuesday, July 24, 2018 Matthew Masih said he is a musician in Monterey County and that Monterey was built on music and art. He also said other venues where he plays music have a higher noise limit and he asked the PC to put a discussion of the Noise Ordinance on a future agenda. A woman identifying herself as Darcy said she is a regular patron of the Bull and Bear and that the atmosphere on the patio is not that of a party. She also said she has met people from all over the world who were drawn to the Bull and Bear because of the music and that she wants to see everyone come together so both the businesses and apartments can thrive together. Jerry Anderson, Saucito Land Company, said Saucito Land Company owns 24 apartments and commercial space next to the Bull and Bear. He said the Bull and Bear has voluntarily agreed to a specific performance standard and monitoring agreement but refuses to comply with this agreement. Mr. Anderson said the 65db sound limit manages the sound level so it does not impact neighbors and that the sound ordinance is not the problem. Kenneth Michael Wolfe said the owner of the Bull and Bear greatly improved the business and that the neighbors chose to build apartments knowing there was existing live music next door. He also said if sound is being addressed that other businesses Downtown need to be looked at as well. Justin Minnich, Bull and Bear security guard, said he would like to see the 65db noise limit placed on the Planning Commission’s agenda, particularly the accuracy of instruments being used to measure the noise. He said the instruments being used have not been approved through the City or State. Brad Williams, Bull and Bear head of security, said sound on the patio is monitored every 30 minutes and that it is hard to tell the difference between the music and the crowd. He said he disagrees with the Saucito Land Company’s statement that the business is purposely not abiding by the ordinance. Mr. Williams said the Bull in Bear is trying to work with the PC to amend the Noise Ordinance and prevent the business from closing. Julie Work Beck, Saucito Land Company, said the Bull and Bear promised to abide by the 65db sound limit in their use permit and a settlement agreement and that they have not fulfilled their promises. Ms. Beck said the project was constructed relying on promises from the Bull and Bear, the City, and the Planning Commission and that she holds these parties responsible for honoring their promises. Tayler Buich said various groups visiting the City come to the Bull and Bear to relax on the patio. She also said it is customers who cause noise in excess of 65db and asked that the City raise the sound limit or makes it more lenient. Ms. Buich said is inaccurate to say there are raging parties on the patio and also said the 65db sound limit is unrealistic. PUBLIC HEARING 3. Recommend 542 Spencer Street; Application TM-18-0103 for H-2 Historic Zoning; Applicant/Owner Charles Garretson; R-3-5 Zoning District; Medium Density Residential General Plan Designation; Exempt from CEQA per Article 19, Section 15305, Class 5, and Section 15331, Class 31 ACTION: Adopted a resolution recommending City Council adoption of an ordinance rezoning the property at 542 Spencer Street from R-3-5 to R-3-5-H-2. Planning Commission Meeting Minutes Tuesday, July 24, 2018 3  Planning Commission Minutes Tuesday, July 24, 2018 Staff Presentation/Commissioner Questions Fernanda Roveri presented the Agenda Report and answered Commissioners’ questions. Applicant Charles Garretson, applicant, thanked the PC for considering his property for a Mills Act Contract and gave a brief history of H.A. Hansen and the mills he owned in Humboldt County in the early 1900s. Mr. Garretson noted that the house was built with old growth, straight grain redwood and that the house’s detached garage has hardwood floors. He also said the living room and den have exposed redwood with original varnishing and that all windows are original. Public Comments None. Commissioner Comments Commissioner Reed made a motion to adopt a resolution recommending City Council adoption of an ordinance rezoning the property at 542 Spencer Street from R-3-5 to R-3-5-H-2. Commissioner Millich seconded the motion. Commissioner Brassfield said there used to be many redwoods in the Gabilan Mountains but there is only one redwood grove remaining. He also said he really supports what the Mills Act aims to accomplish. Vice Chair Latasa said he enjoys the aspect of landing redwood near the Coastguard Pier and transporting it up the hill. He said it is so important to protect historic resources. On a motion by Commissioner Reed, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission adopted a resolution recommending City Council adoption of an ordinance rezoning the property at 542 Spencer Street from R-3-5 to R-3-5-H-2: AYES: 5 COMMISSIONERS: Latasa, Brassfield, Fletcher, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Dawson ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 4. Recommend 555 Larkin Street; Application TM-18-0135 for H-2 Historic Zoning; Applicant/Owner Timothy P. and Nancy P. Eckert; R-3-6 Zoning District; Medium Density Residential General Plan Designation; Exempt from CEQA per Article 19, Section 15305, Class 5, and Section 15331, Class 31 ACTION: Adopted a resolution recommending City Council adoption of an ordinance rezoning the property at 555 Larkin Street from R-3-6 to R-3-6-H-2. Staff Presentation/Commissioner Questions Ms. Roveri presented the Agenda Report and answered Commissioners’ questions. Elizabeth Caraker and Kim Cole also answered Commissioners’ questions. Applicant Tim Eckert said he and his wife Nancy were in search of a house unique to the area and were excited to learn of the house’s significance, specifically in the Monterey fishing industry. Mr. Eckert said their goal is to restore and repair the house and they have no intention of changing it. He also said they want to contribute to the history of Monterey. Planning Commission Meeting Minutes Tuesday, July 24, 2018 4  Planning Commission Minutes Tuesday, July 24, 2018 Public Comments None. Commissioner Comments Commissioner Reed made a motion to adopt a resolution recommending City Council adoption of an ordinance rezoning the property at 555 Larkin Street from R-3-6 to R-3-6-H-2. Commissioner Brassfield seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Brassfield, and carried by the following vote, the Planning Commission adopted a resolution recommending City Council adoption of an ordinance rezoning the property at 555 Larkin Street from R-3-6 to R-3-6-H-2: AYES: 5 COMMISSIONERS: Latasa, Brassfield, Fletcher, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Dawson ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None PUBLIC APPEARANCE 5. Receive Report on Planning Office 2016-18 Work Program Accomplishments and Recommend that the City Council Accept 2018-19 Planning Office Work Program Goals (Not A Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ACTION: Received report on Planning Office 2016-18 Work Program accomplishments and adopted a resolution recommending that the City Council accept 2018-19 Planning Office Work Program Goals, prioritizing Wireless Regulations and the updating of the Noise Ordinance, among others. Staff Presentation/Commissioner Questions Ms. Caraker presented the Agenda Report and answered Commissioners’ questions. Ms. Cole and Ms. Roveri also answered Commissioners’ questions. Public Comments Pat Venza, Monterey Vista Neighborhood, expressed concern about the City Council’s direction to examine re-writing of the Wireless Ordinance and undergrounding of utilities not being reflected on the Planning Office Work Program. Ms. Caraker and Ms. Cole clarified that the Wireless Ordinance is on the Work Program and gave a detailed timeline. Ms. Venza said representatives of the Monterey Vista Neighborhood are ready to serve on the Wireless Subcommittee. In response to Commissioner Brassfield’s question regarding undergrounding of utilities, Ms. Cole said it requires a very technical study and effort and is something that the City’s Engineering Department works on. Katie Camacho asked that the City Council prioritize the Noise Ordinance on the Work Program. Anthony Buich, Bull and Bear Whiskey Bar and Taphouse, said that his business has an agreement in place with the neighboring property to uphold the current Noise Ordinance limit, whatever it is. Brian Andrus said he is interested in the Noise Ordinance and asked about the process of amending it. Vice Chair Latasa directed the applicant to contact Planning Staff for questions. Planning Commission Meeting Minutes Tuesday, July 24, 2018 5 Planning Commission Minutes Tuesday, July 24, 2018 Commissioner Comments Commissioner Brassfield requested that Planning staff keep discussion and training opportunities in mind for when there are no current Planning projects, to prevent cancellation of meetings. Vice Chair Latasa said he would like to see the issue of view sharing on the Work Program for next year. Commissioner Reed said Wireless Regulations is the most urgent item on the Work Program. Regarding the Noise Ordinance, Commissioner Reed said all Specific Plan areas encourage mixed-use and whether or not 65db is the right level it should be prioritized and reviewed, as the City is encouraging this blending of uses. Commissioner Millich said he agrees that the Noise Ordinance should be examined to determine what is reasonable under the circumstances. He also said clear, enforceable standards are needed. Commissioner Brassfield said he lives near the Fairgrounds and that noise has always been an issue in the area. He also said in the industry now there are common, acceptable practices and probably model ordinances to address issues that have been raised. Commissioner Millich made a motion to adopt a resolution recommending that the City Council accept the 2018-19 Planning Office Work Program Goals, prioritizing Wireless Regulations and the updating of the Noise Ordinance, among others. Commissioner Fletcher seconded the motion. Commissioner Reed said he agrees that the Noise Ordinance should be prioritized, recognizing that there are a lot of other priorities as well. Vice Chair Latasa said he is impressed with the democracy that has been shown through public participation. On a motion by Commissioner Millich, seconded by Commissioner Fletcher, and carried by the following vote, the Planning Commission adopted a resolution recommending that the City Council accept 2018-19 Planning Office Work Program Goals, prioritizing Wireless Regulations and the updating of the Noise Ordinance, among others: AYES: 5 COMMISSIONERS: Latasa, Brassfield, Fletcher, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Dawson ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner Brassfield said the Commissioners previously discussed changing the Planning Commission agenda slightly to allow for Commissioner comments and questions, as opposed to only Commissioner comments. Ms. Caraker said if there are specific Commissioner questions, they can be addressed during the Planning Office Update. Ms. Cole said the City is required by law to give adequate notice of items going before the Planning Commission, but staff is more than happy to agendize an item for discussion requested by a Commissioner. Commissioner Brassfield requested to agendize the matter for the next meeting. Planning Commission Meeting Minutes Tuesday, July 24, 2018 6  Planning Commission Minutes Tuesday, July 24, 2018 In response to Commissioner Millich’s question about filling the vacant position on the Planning Commission, Ms. Cole and Ms. Caraker said no information is available at this time. INFORMATIONAL REPORTS & STAFF COMMENTS 6. Planning Office Update  Report received. ADJOURNMENT There being no further business, Vice Chair Latasa adjourned the meeting at 5:59 p.m. Respectfully Submitted, Approved, Elizabeth Caraker Chair Housing and Community Development Manager Planning Commission Planning Commission Meeting Minutes Tuesday, July 24, 2018 7