OFFICIAL MINUTES OF THE SALINAS PLANNING COMMISSION. June 16, The meeting was called to order at 3:40 p.m. in the City Council Chamber Rotunda.

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1 OFFICIAL MINUTES OF THE SALINAS PLANNING COMMISSION June 16, 2010 The meeting was called to order at 3:40 p.m. in the City Council Chamber Rotunda. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: STAFF: Chairperson Huerta, Commissioners Araujo, Scherpinski, Massie, Mendez, Carrillo Planning Manager, Courtney Grossman; Sr. Deputy City Attorney, Chris Callihan; Director of Community Development, Alan Stumpf; Associate Planner, Abigail Long; Senior Planner, Tom Wiles, Administrative Secretary, Susan Anda and Administrative Aide, Denise Ledezma. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA Planning Manager, Courtney Grossman introduced new Planning Commissioner, Nathalia Carrillo, and new recording Secretary, Susan Anda. APPROVAL OF THE MINUTES FOR JANUARY 6, 2010 Commissioner Mendez motioned to approve the minutes. Commissioner Massie seconded the motion. AYES: NOES: ABSTAIN: Chairperson Huerta, Commissioners Araujo, Massie, Mendez Commissioner Scherpinski, Carrillo, APPROVAL OF THE MINUTES FOR APRIL 7, 2010 Commissioner Araujo added the correction to the April 7, 2010 minutes, page 1 that Commissioner Scherpinski was absent. Request to have correction to April 7, 2010 minutes, page 3; quotes around the phrase pertaining to businesses not exceeding 75,000 square feet use the word or, and not the word and, specify the exception to Site Plan 1

2 Review, using the words does not apply to retail space. In conclusion, Commissioner Araujo suggested that Mr. Aguayo amend the top of page 7 to read, They will hire the lowest bidder, that is qualified, and responsible. Commissioner Mendez motioned to approve the minutes, as modified. Commissioner Massie seconded the motion. AYES: NOES: ABSTAIN: Chairperson Huerta, Commissioners Araujo, Massie, Mendez Commissioners Scherpinski, Carrillo, PUBLIC HEARINGS 1. Conditional Use Permit ; a request to authorize an Off-Sale Alcohol- Related use, to sell beer and wine for off-site consumption, at an existing Convenience Store located at 615 West Laurel Drive in the CR (Commercial Retail) district. Associate Planner Abigail Long presented her report, which is on file in the Community Development Department. The report includes a PowerPoint presentation. Commissioner Araujo requested clarification on which tenant space is being identified in report. Ms. Long stated that the site plan map shows the site identified as the northerly space closest to Laurel Drive. Commissioner Huerta asked how is the One-For-One Program Policy working for the Conditional Use Permits. Ms. Long stated that the One-for-One Program Policy worked out for Circle-K s and BevMo. Chairperson Huerta asked where is the next, nearest off-sale of alcohol location. Ms. Long stated that are four alcohol-licenses in the area as outlined on page 3 of the staff report. Commissioner Scherpinski asked for the current restrictions of holding an alcohol license within proximity of a school, or park. Mr. Grossman stated that there is no specific standard. Each instance, depending on the circumstances of the application, will be addressed through the findings, which is a judgment call of the Commission. 2

3 The public hearing was opened at 4:03 p.m. Mr. John Bailey, representing the applicant, stated that the Commission considers the dual usage of the purchased buildings by the applicant s ability to generate revenue, reduce blight, and avoid a vacant business location. Commissioner Scherpinski asked Mr. Bailey for information on the previous alcohol license Mr. Bailey stated the last business at the location surrendered their alcohol license in Chairperson Huerta asked for the details of improvements to the building and facade. Mr. Bailey stated that he was only requested to present legal issues. Mr. Vic Collins, Chairman of the P.A.R.T.S. Coalition; Prevention of Alcoholism & Trauma in Salinas, stated to Chairperson Huerta that according to Marsha Ferguson, ABC Supervisor confirmed that there are 15, type 20 alcohol licenses presently available throughout the County. The Coalition supports the staff recommendation for the issuance of the Conditional Use Permit to the applicant. Mr. Collins stated a number of conditions outlined in the Code and commented on the use of advertising banners displaying alcoholic beverages on window space. The public hearing was closed at 4:16 p.m. Commissioner Scherpinski asked about statistics on the prior business establishment. Mr. Grossman stated that the crime statistics are based on Police Report Districts. This analysis is a State law requirement based on the most recent and available crime data compiled from Ms. Long stated a correction on page 7 of the draft CUP. The numbering right after condition number 27 should be 28 in sequential order. Mr. Grossman stated that Bevmo adhered to the same CUP condition as the applicant, which is a one-year expiration date. Commissioner Mendez stated that the crime statistics are concerning as it relates to the population ratio, and proximity to Kammann Elementary School. Commissioner Scherpinski stated that he agrees with Commissioner Mendez s statement. Commissioner Carrillo stated that the crime statistics presented are below average and show no historic cause for concern. It does not appear that there should be a requirement for the cooler doors to be locked. Mr. Bailey stated that the premises remained empty for over a year, which exacerbates the possibility of blight. Prior to the previous owner, the location was vacant for three years. Commissioner Carrillo asked a question regarding the notification process. 3

4 Ms. Long stated that the Assessor s property listing is by address of owner and not by property address. Commissioner Mendez stated a social concern for the increase in alcohol sales in the City. Commissioner Araujo moved that the Commission recommend to the Council that they affirm the findings set forth in the attached resolution finding the proposed off-sale alcohol related use is categorically exempt from CEQA and approving the Conditional Use Permit Commissioner Carrillo seconded the motion. Mr. Callihan asked Mr. Grossman to clarify that the action is by the Commission and not the Council. Commissioner Araujo requested the removal of words before affirm in the motion. Mr. Grossman stated a clarification to change the numbering in the CUP and the issues for the Commission, if so desired would be to include the consideration of the locking coolers. Commissioner Araujo stated that the locking of the coolers WAS not part of the motion. Commissioner Araujo moved that the Commission affirm the resolution with the corrected condition numbers. Commissioner Carrillo seconded. AYES: NOES: Chairperson Huerta, Commissioners Araujo, Massie, and Carrillo Commissioners Scherpinski, Mendez Chairperson Huerta announced the Commission s approval of the Conditional Use Permit and the 10-day appeal period. 2. CONDITIONAL USE PERMIT ; A REQUEST TO DEMOLISH 76 EXISTING MULTI-FAMILY RESIDENTIAL UNITS AND CONSTRUCT 99 NEW MULTI-FAMILY RESIDENTIAL UNITS WITH A TWO-STORY RESIDENTIAL SERVICE FACILITY LOCATES AT 275 CALLE CEBU IN THE R-H-2-1 F (RESIDENTIAL-HIGH DENSITY-FLOOD OVERLAY) DISTRICT. Senior Planner, Tom Wiles presented his report, which is on file in the Community Development Department. The report includes a PowerPoint presentation. Chairperson Huerta asked the applicant s need to go to the Design Review Board. Chairperson Huerta asked if any City money is involved. 4

5 Mr. Stumpf stated that the Housing Authority requested Redevelopment Housing Funds. Commissioner Araujo asked if the public hearing signs were bilingual. Mr. Wiles stated that signs were placed at the corners of Calle Cebu and Sherwood Drive notifying the public in English, with a phone number for assistance in Spanish. Commissioner Mendez asked if the notices were sent to the residents of the mobile home park. Mr. Wiles stated that the notice is provided to the property owner. Commissioner Mendez expressed concern on notices not sent to residents. Ms. Starla Warren, Director of Development and President of the Housing Authority Corporation stated that a number of HUD Outreach meetings with residents have taken place on relocation requirements. Chairperson Huerta stated the intent is to prevent displacement of the households. Ms. Warren stated that an analysis is conducted to mirror Redevelopment in accordance with current target households. Chairperson Huerta asked for clarification on the household unit mix. Ms. Warren stated that the consultant to the redevelopment analysis considers the unit mix equally. Chairperson Huerta stated that the analysis indicates that there are some households that are over housed and that Tynan Village may be utilized for relocation. Ms. Warren stated that Tynan Village and the other 2200 units in other Housing Authority facilities throughout the County would be utilized for relocation. Chairperson Huerta asked about available vacancies at Tynan Village. Ms. Warren stated that Tynan Village occupancy is at 99% and there are 146 people on the waiting list. Commissioner Mendez asked how do County residents qualify to be housed in these units. Ms. Warren stated that there is no particular preference to City residents and the project is relocating 77 families and building back 100 units. Phase II on Rossi is another 27 units. This replacement housing will most likely be utilized for the existing families who would have first right of occupancy. Commissioner Mendez stated concern over the Average Monthly Income of the County being higher than the City Average Monthly Income. 5

6 Ms. Warren stated that the Average Monthly Income is based on a family of four based on federal and tax guidelines. Prevailing wage will also be paid on this project. Commissioner Carrillo asked about the analysis of residents to determine the number of bedrooms. Ms. Warren stated that a third party does the required market study to determine occupancy rates. Commissioner Mendez asked what source was used to determine Average Monthly Income for the County of Monterey. Ms. Warren stated that HUD provided this information. Commissioner Carrillo asked if there was a needs study done amongst the residents. Ms. Warren stated that there was a needs study conducted through the market study analyst. Commissioner Araujo stated that no letters were received from the affected community. Ms. Warren stated that bilingual notices were sent to all businesses and tenants. Commissioner Araujo asked if tenants requested guarantees of occupancy. Ms. Warren stated that the tenants were informed of their right to first occupancy. Chairperson Huerta asked the name of the manufacturer of the construction unit. Ms. Warren stated that Guerdon Enterprises LLC of Boise, Idaho will be the manufacturer. Chairperson Huerta asked if there is a contingency plan for financing. Ms. Warren stated that if the Housing Authority were not funded they would be looking at bonds and the MHP. Commissioner Mendez asked what other manufacturers were considered. Ms. Warren stated that the portion of modular design technique would most likely go out to bid. The Guerdon product is consistent in quality, and cost savings. Commissioner Mendez asked if the RPF is available. Ms. Warren stated that the construction plans need to be completed. The Public Hearing was opened at 4:57 p.m. 6

7 Paul Davis, Architect thanked staff and described the project as being more of an urban row house with street side walkways, and porches to front doors, with a large open space for children that is interior to the entire complex. Commissioner Mendez asked how many street trees are going to be planted. Mr. Davis stated that all the existing trees on the street front will remain and new trees will be planted in the interior of the complex. Commissioner Scherpenski asked for the energy saving qualities of the construction project. Mr. Davis stated that the project is energy star rated which includes voltaic roof panels, tankless water heaters, and 100% retention of storm water through pervious concrete. Commissioner Carrillo asked about the decrease in parking spaces and increase in housing units addressing traffic impacts. Mr. Davis stated that a shared parking analysis was based on peek hours. Commissioner Scherpenski asked if parking is adequate for visitors. Mr. Davis stated that the Zoning Code requires parking for resident use only. Commissioner Mendez requested clarification on street tree fees and staff report shows zero trees to be planted by the Housing Authority. Mr. Grossman stated that the zero specifies a dollar amount that will not be charged to the developer since they will be planting the trees. Commissioner Mendez stated that the fees for completing a development project seem excessive. Mr. Davis stated that the fees are a requirement of obtaining a building permit. Commissioner Sherpenski asked about the decrease in water usage. Ms. Pamela Lapham, Associate Planner for PMC, stated that water usage has been decreased because of the demolition of 24 units. The public hearing was closed at 5:36 p.m. Commissioner Scherpinski asked for an estimate of completion for all phases of the project. Ms. Warren stated that the groundbreaking is to begin in January 2011 for a ten-month period ending sometime in November for completion of the 99 units. The smaller project of 22 units will be relocated to the project site and completion of this phase will begin in 3 to 4 months after the first phase. 7

8 Commissioner Mendez motioned to approve the Conditional Use Permit Commissioner Scherpinski seconded the motion. AYES: NOES: Chairperson Huerta, Commissioners Araujo, Scherpinski, Massie, Mendez, Carrillo Chairperson Huerta announced the Commission s approval of the Conditional Use Permit and the 10-day appeal period. COMMISSION CONSIDERATIONS Commissioner Mendez asked if the Planning Commission could appropriately discuss the impact fees and receive more information, or training as to how the fees are assessed. Mr. Stump provided a brief overview of impact fees by adding that the fees support the City s infrastructure and is increased annually as a result of an engineering index on the cost of improvements. Chairperson Huerta asked about the independent committee working on impact fees and building permit fees. Mr. Stumpf stated that Building Development Taskforce comprises individuals from the Development Community, Builders Exchange, Chamber of Commerce, and members of Staff. The Committee is provided updates on progress and improvements at the Permit Center, changes in staffing levels, and new impact fee considerations. Commissioner Carrillo requested that the Planning Commission be given a presentation of the adhoc Committee recommendations to Council on changes to the permit process. Mr. Stump stated that a copy of the power point presentation of the adhoc Committee is available for the Commission. Mr. Stumpf provided a brief overview on responses to comments on the Housing Element that will be addressed in the following month. Chairperson Huerta asked for information about the Big Box Retail component from two meetings ago. Mr. Stumpf stated that the Council has not provided specific direction on this issue. Mr. Grossman stated that at one time a specific committee was being formed for this issue. Chairperson Huerta requested that under Item F rather than carrying the issues such as the Housing Element, the Big Box Retail Component, and the overall City reduction plan over 8

9 to another meeting that a summary is given by staff on the status of these larger considerations. OTHER BUSINESS FOLLOW UP REPORTS FUTURE AGENDA ITEMS Mr. Grossman stated that an item before the Commission will be a Mitigated Negative Declaration by California Water Service Company to construct water well facility on Dayton Street. COUNCIL CONSIDERATION Mr. Stumpf described impacts to the department as a result of Council actions and adjustments to balance the budget for the upcoming year. ATTENDANCE AT NEXT MEETING All in attendance plan to be present at the July 7, 2010 meeting. ADJOURNMENT The meeting was adjourned at 6:03 p.m. MATT HUERTA Chairperson COURTNEY GROSSMAN Executive Secretary I:\Planning\PLANNING COMMISSION ITEMS\Minutes 2010\PC Minutes doc 9