Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, March 26, 2019 4:00 PM AFTERNOON SESSION ONLY 580 PACIFIC STREET, COUNCIL CHAMBERS MONTEREY, CALIFORNIA Commissioners Present: Dawson, Latasa, Brassfield, Fletcher, Freeman, Millich, Reed Commissioners Absent: None Staff Members Present: Community Development Director Cole, Housing and Community Development Manager Caraker, Housing Analyst Leonard, Recording Secretary Leinen CALL TO ORDER Chair Dawson called the meeting to order at 4:00 p.m. CONSENT ITEMS Approval of Minutes 1. March 12, 2019 ACTION: Approved as amended. Chair Dawson asked that a reference to Commissioner Freeman recusing herself from the vote on item #1 of the minutes be corrected to say that she abstained from voting. Commissioner Brassfield made a motion to approve the minutes. Commissioner Millich seconded the motion. On a motion by Commissioner Brassfield, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission approved the minutes as amended: AYES: 7 COMMISSIONERS: Dawson, Latasa, Brassfield, Fletcher, Freeman, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None ***End of Consent Agenda*** PUBLIC COMMENTS None.  Planning Commission Minutes Tuesday, March 26, 2019 PUBLIC HEARING 2. Approve 290 Figueroa Street; Use Permit UP-18-0443 to Allow Live Entertainment and Private Property Mobile Food Vendor for Longer Than Two Hours; Applicant Henry Ruhnke; Owner City of Monterey; PC-W-H1 Zoning Designation; Parks and Open Space General Plan Land Use Designation; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 ACTION: Adopted a resolution approving Use Permit UP-18-0443 to allow for live entertainment and the operation of a mobile food vendor vehicle for longer than two hours in conjunction with an eating and drinking establishment with amended Conditions of Approval. Staff Presentation/Commissioner Questions Elizabeth Caraker presented the Agenda Report and answered Commissioners’ questions. Applicant Brett Honore, co-owner of Dustbowl Brewery, gave a presentation regarding the company history, their brewing facility in Turlock, and existing restaurants with a family friendly atmosphere and music. He also said the bulk of the project will be on the fenced in patio where the asphalt will be replaced with decomposed granite and a wind screen will be added. Mr. Honore detailed the proposed activity area, music stage, fire pit, and historic photos. In response to Commissioners’ prior questions, he said he will address any concerns with fire lanes. In response to Commissioner Millich’s question, Mr. Honore said light food will be served at the bar but the majority of the food available to customers will come from the food truck. In response to Commissioner Brassfield’s question, Mr. Honore said the truck will need to be moved regularly for cleaning and that the truck will comply with the requirements of the Health Department. Public Comments None. Commissioner Comments Commissioner Reed said the project is great and he supports it as proposed. He said the City will handle any issues that arise regarding the fire lane. Commissioner Reed made a motion to adopt a resolution approving Use Permit UP-18-0443 to allow for live entertainment and the operation of a mobile food vendor vehicle for longer than two hours in conjunction with an eating and drinking establishment with amended condition of approval as follows: 4. That this approval will expire 24 months from the date of approval by the City of Monterey Planning Commission unless the Live Entertainment use and Mobile Food Vending use are implemented. 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. Commissioner Fletcher seconded the motion. Commissioner Freeman said the proposal follows a successful model that many food and drinking establishments are using nowadays. She said it is the way of the future and a great idea. Planning Commission Meeting Minutes Tuesday, March 26, 2019 2  Planning Commission Minutes Tuesday, March 26, 2019 Commissioner Brassfield said he is glad the building is being reoccupied and said the proposed project will add character to an area that needs it. Vice Chair Latasa said he agrees with previous comments and that project is a great one. He also said he likes the business name and concept. Vice Chair Latasa noted that in addition to the correction to the Condition of Approval, the word “lessee” should be corrected to “lessor” on packet page 13. 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-18- 0443 to allow for live entertainment and the operation of a mobile food vendor vehicle for longer than two hours in conjunction with an eating and drinking establishment with amended Conditions of Approval: AYES: 7 COMMISSIONERS: Dawson, Latasa, Brassfield, Fletcher, Freeman, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 3. Recommend that the City Council Adopt the 2019/2020 Annual Action Plan for Community Development Block Grant Funds and Authorize Submittal to the U.S. Department of Housing and Urban Development (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26) ACTION: Adopted a resolution recommending that the City Council adopt the 2019/2020 Annual Action Plan for Community Development Block Grant Funds and authorize submittal to the U.S. Department of Housing and Urban Development with the caveat that staff will review eligibility of the Josephine Kerns Memorial Pool and if found to be eligible for funding the facility will be included as a recipient of grant funding. Staff Presentation/Commissioner Questions Ms. Caraker introduced Housing Analyst Grant Leonard who presented the Agenda Report and answered Commissioners’ questions. Ms. Caraker and Kimberly Cole also answered Commissioners’ questions. Public Comments Lynn Young, Executive Director of the Josephine Kerns Memorial pool, said contrary to staff’s determination, she believes that the facility would be eligible for funding under HUD guidelines, as it previously has been. Ms. Young said the facility is a non-exclusionary community ADA facility, accessible to the public, for City of Monterey residents and that appointments are required predominately for safety reasons. She also cited HUD criteria that she said would make the facility eligible for funding and asked that additional review be given to the matter as the facility has spent a year raising matching funds. Vice Chair Latasa asked if Ms. Young is contesting the denial of funding and she said the facility has received funding for the past two years and would like to be reconsidered for this year. In response to Commissioner Millich’s question, Ms. Young said she has not had the opportunity to have a discussion with staff but Planning Commission Meeting Minutes Tuesday, March 26, 2019 3 Planning Commission Minutes Tuesday, March 26, 2019 she is willing to. Commissioner Comments Commissioner Reed asked staff for direction regarding the issue of funding for the Josephine Kerns Memorial Pool. Ms. Caraker said the Action Plan can be amended and staff will follow- up with the applicant and HUD to get clarification. Commissioner Reed asked what the impact of this would be and Ms. Caraker said the funding would come from other City projects. In response to Commissioner Fletcher’s question Ms. Caraker said the issue would not need to go back before the subcommittee and that she will have the issue resolved prior to City Council’s review of the matter. Ms. Caraker said the bottom line is that the City is attempting to abide by HUD guidelines. The Commission discussed their recommendation to the City Council. Ms. Cole asked the Commission if they would like to amend the Action Plan if it is determined that the Josephine Kerns Memorial Pool does qualify for funding. Commissioner Reed said he supports amending it and the facility has already raised matching funds. In response to Vice Chair Latasa’s question, Mr. Leonard said the facility was denied for funding due to its appointment only status and hours of operation. Commissioner Reed made a motion to adopt a resolution recommending that the City Council adopt the 2019/2020 Annual Action Plan for Community Development Block Grant Funds and authorize submittal to the U.S. Department of Housing and Urban Development with the caveat that staff will review eligibility of the Josephine Kerns Memorial Pool and if found to be eligible for funding the facility will be included as a recipient of grant funding. Commissioner Millich seconded the motion. On a motion by Commissioner Reed, seconded by Commissioner Millich, and carried by the following vote, the Planning Commission adopt a resolution recommending that the City Council adopt the 2019/2020 Annual Action Plan for Community Development Block Grant Funds and authorize submittal to the U.S. Department of Housing and Urban Development with the caveat that staff will review eligibility of the Josephine Kerns Memorial Pool and if found to be eligible for funding the facility will be included as a recipient of grant funding: AYES: 7 COMMISSIONERS: Dawson, Latasa, Brassfield, Fletcher, Freeman, Millich, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None Commissioner Millich said the applicant may want to revisit the policy on hours of operation if it prevents them from qualifying for grants. Commissioner Freeman said a sign-up sheet could possibly be a less formal structure than appointments. Planning Commission Meeting Minutes Tuesday, March 26, 2019 4  Planning Commission Minutes Tuesday, March 26, 2019 COMMISSIONERS COMMENTS Chair Dawson said the Planning Commission packet was published at 2:00 p.m. on Friday and some Commissioners did not receive their packet until Monday, which is problematic. Commissioner Reed said eventually the Planning Commission is to look at the Noise Ordinance, and he wants to make sure that this occurs as it is important to have a discussion about how to make the Ordinance reasonable. Commissioner Fletcher asked if other cities’ ordinances can be researched. Commissioner Millich suggested that information is obtained from the League of California Cities. Ms. Caraker said that the Noise Ordinance is on the Planning Office Work Program. Commissioner Brassfield said he has heard lots of community interest on the issue of homelessness and is interested in what the current homeless population is now, as community members are saying it has increased. Vice Chair Latasa said he received an email regarding staking of a project at 2200 North Fremont Street and asked staff for information. Ms. Cole said safely installing storypole staking for a three-story building on a corner has been a challenge and she explained the staking that will take place for the project. Ms. Cole said the neighborhood has received notice of the storypole staking. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Update received. ADJOURNMENT There being no further business, the meeting adjourned at 5:05 p.m. Respectfully Submitted, Approved, Elizabeth Caraker Chair Housing and Community Development Manager Planning Commission Planning Commission Meeting Minutes Tuesday, March 26, 2019 5