OFFICIAL MINUTES OF THE SALINAS PLANNING COMMISSION. February 2, 2011

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1 OFFICIAL MINUTES OF THE SALINAS PLANNING COMMISSION February 2, 2011 The meeting was called to order at 3:36 p.m. in the City Council Chamber Rotunda. Mr. Stumpf introduced two new Commissioners John Meeks and John Lewis. Commissioner Araujo stated that her attendance would be limited, as she needs to depart at 5:30 p.m. ROLL CALL PRESENT: ABSENT: STAFF: Vice-Chairperson Scherpinski, Commissioners Araujo, Meeks, Massie, Lewis, Huerta (arrived late), and Carrillo Planning Manager, Courtney Grossman, Assistant City Attorney, Chris Callihan; Director of Community Development, Alan Stumpf, Senior Planner, Tom Wiles, Administrative Secretary, Susan Anda COMMENTS FROM THE PUBLIC NOT ON THE AGENDA APPROVAL OF THE MINUTES FOR DECEMBER 1, 2010 Commissioner Meeks motioned to approve the minutes, with a correction by Commissioner Carrillo regarding her attendance. Commissioner Araujo seconded the motion. AYES: NOES: ABSTAIN ABSENT: Vice-Chairperson Scherpinski, Commissioners Araujo, and Massie Commissioners Carrillo, Meeks, and Lewis Commissioner Huerta (arrived after minute vote) PUBLIC HEARINGS 1. Proposed Outdoor Market with a maximum of 118 vendors located at 1040 North Main Street (Salinas Sports Complex) APN: ) in the PS (Public/Semipublic) District. Senior Planner Tom Wiles presented his report, which is on file in the Community Development Department. The report included a Power Point Presentation. 1

2 Commissioner Araujo requested clarification regarding the relationship between the applicant, Mr. Campos, and the California Rodeo Association. Mr. Grossman stated that the California Rodeo Association would enter into an agreement with the applicant, Mr. Campos. Commissioner Araujo asked what are differences in terms between flea markets, swap meets, and outdoor markets, as referred in the staff report. Mr. Grossman stated that the Zoning Code does not include the term outdoor market. Outdoor market was suggested by the applicant. The Zoning Code includes definitions of flea markets, farmers markets, street fairs, and swap meets. Commissioner Huerta asked if live entertainment is proposed. Mr. Wiles stated that the applicant has not requested approval for live entertainment. Commissioner Huerta asked if the applicant were to desire live entertainment would they pursue a different permit. Mr. Wiles stated that conditions in the resolution would need to be amended to allow live entertainment. Commissioner Huerta asked about the City s requirement that Republic Services of Salinas demonstrate that they have a contractual agreement with the applicant for provision of services. Mr. Wiles stated that Republic Services of Salinas is the City s solid waste provider and this requirement is a standard condition with similar events. Commissioner Huerta asked about security and traffic concerns. Mr. Wiles stated that staff received comments dated January 25, 2011 from the Police Department, which is included as Exhibit 5 on the draft Planning Commission resolution. Mr. Lupe Campos, applicant, thanked the Planning Commission for review of the proposal. Mr. Campos stated that the outdoor market represents a positive impact to Salinas in attracting visitors from other cities. Commissioner Araujo asked Mr. Campos why he decided not to have live music. Mr. Campos stated that he has no plans now, or in the future, to provide live music, because it may pose an opportunity for gang activity. Commissioner Araujo asked Mr. Campos about the selection of certain Sundays in the proposal. 2

3 Mr. Campos stated that there are a number of sponsored events on Sunday s that the California Rodeo Association outlined in the agreement that does not allow the outdoor market to be open to the public. Commissioner Araujo stated that the conditions do not state specific Sundays, it only states forty-two Sundays. Mr. Campos stated that there is an annual schedule of Sundays. Mr. Wiles stated that the annual schedule of Sundays is included in the Commission packet. Commissioner Carrillo asked Mr. Campos why his original proposal of 190 vendor spaces differs from the 118 vendor spaces outlined in the staff report. Mr. Campos stated that the original site location for the outdoor market was designed for an area behind the arena on the Maryal Drive side. Commissioner Carrillo asked if the vendors of the outdoor market are local and what items would be sold. Mr. Campos stated that the vendors are 90 percent local and the items that will be sold are new and used. Vice-Chairperson Scherpinski stated that public comment will be held to a three-minute time limit. The public hearing was opened at 4:00 p.m. Mr. Al Prasadar, representative for the Sherwood Shopping Center located across the street from the Salinas Sports Complex, stated that the tenants of the Sherwood Shopping Center would feel the impact of competition with 118 vendors of the outdoor market. Mr. Jose Martinez Saldana, Executive Director of the Salinas United Business Association, responded in strong opposition to the outdoor market as the representative to the Board of Directors who represents 600 businesses in the Sunset Redevelopment Area. Mr. Abas Sacarani requested that the Planning Commission deny the outdoor market application. Effectively, this proposal would add a large shopping center to the surrounding business community. Mr. Julio Melendez, associate to the applicant, stated that he believes that the majority of vendors that will be participating in the outdoor market will be the same individuals that conduct weekly garage sales of used goods. At least five security officers would be hired for security patrol and traffic control. 3

4 Mr. Christian Scott, attorney and long time resident of Salinas, stated that the proposal of an outdoor market is similar in traffic impacts to the Red Barn on Highway 101. Mr. Hernandez, a small business owner, stated that the outdoor market would be an opportunity for the vendors to attract outside visitors to the City of Salinas. Mr. Hector Reyes, marketing agent for the proposed outdoor market, stated that a positive impact of the outdoor market vendors is future small business development. Mr. Gregory Vega stated that his company has been contracted to provide security and traffic management for the proposed outdoor market. Ms. Cheryl Battala, Property Manager of Sherwood Gardens Shopping Center, stated that tenants of the shopping center expressed opposition to the proposed outdoor market over competition, additional security cost for parking lots, and traffic control issues. Mr. Andres Zuniga, a vendor of the proposed outdoor market, stated that this weekly event would provide a business opportunity to keep him employed. The public hearing was closed at 4:30 p.m. Commissioner Carrillo asked if there was a charge for admission, and is it outlined in the lease agreement with the California Rodeo Association. Mr. Campos stated that he did not plan to charge admission to the vendors. Mr. Callihan stated that there are two sections of the lease agreement that deal with surcharge. The first section addresses rodeo tickets. The second section details ticket sale surcharge as it applies to for-profit events. Commissioner Lewis asked Mr. Campos if there has been any concession extended or a formal security plan offered to the Sherwood Gardens Shopping Center. Mr. Campos stated that he is working in conjunction with the California Rodeo Association to come up with a strategy for security. Commissioner Lewis stated that specifically he would like to know if the concerns stated by Ms. Batalla and by the tenants of the Sherwood Gardens Shopping Center are being addressed. Mr. Campos stated that he does not believe the issues expressed by Ms. Batalla will be of concern, since the event is not attended for extended hours. Commissioner Huerta requested clarification on the oversight committee as referenced in the lease agreement with the Rodeo Association. Mr. Stump stated that the oversight committee is a subcommittee of the City Council. 4

5 Commissioner Huerta asked Mr. Stumpf about the other three members of the subcommittee. Mr. Stumpf stated that the other members of the subcommittee are members of the Rodeo Association. Commissioner Huerta asked if there is a recommendation or requirement stemming from the subcommittee. Mr. Stumpf stated that the subcommittee did not have the benefit of a full packet that was provided to the Planning Commissioners, and were more likely to depend on a process through public comment and Planning Commission consideration. In response to a question regarding the five permitted swap meets, Mr. Grossman referred to Council Resolution No and the Zoning Code for temporary use of land permit categories. Three categories similar to the proposed outdoor market are a farmers market, street fair, and swap meet. Through the collection of these categories the number of five events is how Council Resolution No was framed. In response to a question regarding economics, Mr. Grossman stated that staff has not compiled financial factors of the economic benefits of the existing markets throughout the City. Mr. Stumpf stated that the Old Town Salinas Association sponsors a farmers market. The concept for Old Town is that it brings the public downtown on a day or time of the week when there is less business activity. Commissioner Huerta asked Mr. Stumpf if there is adequate parking on Sunday s at the Salinas Sports Complex. Mr. Stumpf clarified that he believes that the visitors to the proposed outdoor market would be parking at the Rodeo grounds. Commissioner Meeks asked Mr. Campos if farm produce was going to be sold at the proposed outdoor market. Mr. Campos stated, yes. Commissioner Araujo stated that the agreement that Mr. Campos holds with the Californian Rodeo Association does not appear to distinguish Mr. Campos as an agent, sub-lessee, contractor, or employee of the California Rodeo Association. Mr. Callihan stated that the City had considered these concerns when reviewing the agreement between Mr. Campos and the California Rodeo Association. Mr. Callihan stated that the lease agreement would cover the activities proposed by Mr. Campos. Commissioner Araujo asked if the proposed outdoor market would be under the umbrella of the California Rodeo Association renting to Mr. Campos. 5

6 Mr. Callihan responded, yes. Commissioner Araujo asked staff what governs the number of shoppers on site at any given time. Mr. Grossman referred to the proposed resolution and the conditions of the proposed outdoor market, which require adequate emergency access in conformance with Fire Department requirements. Commissioner Araujo asked if Fire Department requirements dictate how many people can occupy square footage outdoors at one time. Mr. Grossman stated, yes. There is also a following comment citing various titles in the California Administrative Code that need to be followed. Commissioner Araujo stated that she takes seriously the concerns expressed by the SUBA Representative and the Representative of the Sherwood Gardens Shopping Center. Vice-Chairperson Scherpinski stated that if the proposed outdoor market attracts as much business activity as during the California Rodeo Week, then he can support this increased level of revenue. Vice-Chairperson Scherpinski expressed concern over number of events and the products that would be sold. Staff was asked if the gates on the Mayral side of the Sports Complex are going to be opened during events. Mr. Grossman stated that the operations of the gates on the Mayral side of the Sports Complex would be determined by the Fire Department during a formal review. Vice-Chairperson Scherpinski asked if traffic would be alleviated by the opening the back gates to the Sports Complex. He mentioned that during other events that the gates on the Myral Street side are open. Mr. Roger LeFountain, General Manager of the Salinas Sports Complex, stated that the parking for league events will not be impacted by the proposed outdoor market and the gate access on the Maryal Street side will be open. Vice-Chairperson Scherpinski asked Mr. LeFountain if the Boys & Girls Club is open on the weekends. Mr. LeFountain responded, no. Commissioner Huerta asked Mr. LeFountain if the applicant would still be interested if the proposed outdoor market was reduced by one-half. Mr. LeFountain stated that five flea markets had been established since The reason the number of events is an issue is because the City required us to obtain a Conditional Use Permit, as we are a special events center. As a result, the City asked us for a summary of activities planned for the proposed outdoor market and as a result the 6

7 frequency of five events is too sporadic an event for the vendors who depend on the market for their income. Commissioner Huerta asked if the number of events were reduced to twenty-one would it remain economically viable. Mr. Campos stated that it would be difficult for vendors who depend on the market for their living to attend a reduced schedule of events. Vice-Chairperson Scherpinski would like the Commission to address the security concerns on the overflow parking at the Sherwood Gardens Shopping Center. In reference to a test period, Commissioner Carrillo stated that a year would be too long. There are many impacts that a venue of 118 vendors can have on safety, traffic, and business. She would support a test period of six months. Commissioner Lewis stated that the calendar schedule occupied by forty-two events for the proposed outdoor market there is a compromised opportunity for other events to occur for the community. Commissioner Araujo concurs with Commissioner Huerta that a shorter test period would be acceptable to about twelve events over the next six months. Commissioner Meeks stated that given the shorter event schedule would still need to be an every Sunday event to adequately test the system. Vice-Chairperson Scherpinski asked Mr. Stumpf what action the Planning Commission will need take to convey their concerns and recommendations to the City Council. Mr. Stumpf stated that a test period is attractive. Possibly what is being proposed are two tests. If implementing this type of test market, the number of vendors to start may be too high. Possibly, during a fixed period of time, a gradual increase of vendors can be added which may satisfy the vendor s needs to be there on a consistent basis and addressing the Commission s concerns about a test period with follow up on an intermittent basis. Commissioner Huerta stated that there is a lot of support for the proposed outdoor market. However, there needs to be a proposal based on all the information and inquiries to satisfy the applicant, vendors, and the Commission. Commissioner Huerta motioned to table the proposed outdoor market, which was seconded by Commissioner Meeks. Vice-Chairperson Scherpinski asked if there was any discussion on the motion. The response from the Commissioners was that there was no need for discussion on the item. AYES: Vice-Chairperson Scherpinski, Commissioners Araujo, Massie, Carrillo, Meeks, Huerta, and Lewis 7

8 NOES: ABSTAIN: ABSENT: Mr. Stumpf stated that staff will be meeting with the applicant, and staff will be coming back to the Commission at the next available meeting. 2. General Plan Amendment and Rezone ; A request to change the General Plan and Zoning designation of 109 Katherine Avenue located in the R-L-5.5 (Residential Low Density) District and two adjacent properties located at 827 Abbott Place in the IGC (Industrial General Commercial) and 845 Abbott Street in the PS (Pubic/Semipublic) District. Senior Planner Tom Wiles presented his report, which is on file in the Community Development Department. The report included a Power Point Presentation. Chairperson Scherpinski asked Mr. Wiles if there is a designation for what types of offices exist in the East Romie Lane corridor. Mr. Wiles stated that most offices are medical, but there is a mix of business, professional and agricultural sales offices. Chairperson Scherpinski asked Mr. Wiles about on-site parking. Mr. Wiles referred to exhibits having a conceptual site plan of the applicant s parking proposal. The public hearing was opened at 4:00 p.m. The applicant, Dr. Dan Milinesa, stated that the proposed zoning change is for medical billing only. Chairperson Scherpinski asked Dr. Milinesa the size of his staff for the proposed location. Dr. Milinesa stated that there are four employees. Chairperson Scherpinski asked Dr. Milinesa if upgrades to the house are needed. Dr. Milinesa stated, yes. Upgrades will be needed to cable, electric, and telephone systems. Mr. Christian Scott, attorney and nextdoor neighbor to the proposed site opposes the project. Traffic issues, and future use of the building will impact families. Chairperson Scherpinski asked Mr. Scott if he was part of the property management that screens and controls approval of tenants at the proposed site. 8

9 Mr. Scott stated, no. Commissioner Lewis asked Mr. Scott if he is the property owner east of 109 Katherine Avenue. Mr. Scott stated, yes. Commissioner Lewis stated that Mr. Scott made a comment about looking east at a commercial space from his second floor window. But, there is also commercial space to the north. Mr. Scott stated he has no window facing north from his second floor. Dr. Milinesa stated that there is little traffic going in and out of a medical billing office. The public hearing was closed at 4:30 p.m. Commissioner Carrillo asked Dr. Milinesa his years of business and ownership at current business location. Dr. Milinesa stated eleven years as part owner. Commissioner Huerta asked staff about traffic impacts. Mr. Wiles referred to the Engineer s Report that is attached to the Initial Traffic Impact Study. Mr. Grossman stated that traffic trip generation is based on square footage. Commissioner Huerta asked staff if there are recent examples changing from residential to commercial. Mr. Grossman, stated no. However, several years ago similar requests on Orange Drive, and a property near Hartnell College on West Alisal Street were turned down due to neighborhood concerns. Mr. Stumpf asked Mr. Grossman to describe the changes to the proposed property if it were to transform to the commercial office use. Mr. Grossman stated that the garage would be torn down to make room for four parking stalls. The front of the home would remain the same except to restructure the walks, or steps to conform to the California Building Code to address disabled access, and possible changes to landscaping. Mr. Stumpf asked Mr. Grossman about perimeter fencing. Mr. Grossman stated that a masonry wall would be required adjacent to the residential district. 9

10 Commissioner Meeks asked Mr. Grossman if there was a rule that the two parking lots cannot be joined. Mr. Grossman stated, no. They are not shown linked on the proposed plan, but they could be joined. Commissioner Huerta stated that decisions are difficult when they impact the character of a neighborhood. Commissioner Huerta made a motion to recommend approval to Council of the General Plan Amendment and Rezone , which was seconded by Commissioner Meeks. Vice-Chairperson Scherpinski stated that he concurs with Commissioner Huerta s concerns and added that there are many businesses currently for lease that could have been utilized by the applicant. AYES: NOES: Commissioners Araujo, Massie, Huerta, Meeks, and Lewis Chairperson Scherpinski, Commissioner Carrillo ABSTAIN: ABSENT: COMMISSION CONSIDERATION Commissioner Araujo requested that items 1 and 2 of Agenda Item F be switched. Chairperson Scherpinski stated, yes. Chairperson Scherpinski asked if Chair and Vice-Chair will both be voted on this afternoon. Mr. Callihan stated yes. In accordance with the bylaws as approved by the Commission, a Commissioner must have serviced for a year. Commissioner Araujo nominated Vice-Chairperson Scherpinski as Chair of the Planning Commission for 2011, which was seconded by Commissioner Huerta. Mr. Callihan asked if there were any other nominations. There were none. AYES: NOES: Commissioners Araujo, Massie, Huerta, Meeks, Carrillo, and Lewis ABSTAIN: 10

11 ABSENT: Commissioner Huerta nominated Commissioner Araujo as Vice-Chairperson of the Planning Commission for 2011, which was seconded by Commissioner Carrillo. Chairperson Scherpinski asked if there were any other nominations. There were none. AYES: NOES: Chairperson Scherpinski, Massie, Huerta, Meeks, Carrillo, and Lewis ABSTAIN: ABSENT: Chairperson Scherpinski asked staff about the appointment to the Design Review Board. Mr. Stumpf stated that the Design Review Board meets several times a year. It reviews all new construction and all major renovations of existing buildings to insure that all Redevelopment remains consistent. Chairperson Scherpinski asked about the diversity of the Design Review Board. Mr. Stumpf stated that the Design Review Board is composed of a number of different contributors. Representatives from The Salinas Oldtown Association, SUBA, a contractor, two members of the business community, related professionals of the buildings industry, and either an architect, or civil engineering, and a member of the Planning Commission. Chairperson Scherpinski asked Mr. Stumpf if appointment to the committee is voluntary. Mr. Stumpf stated, yes. Commissioner Meeks stated that he would be glad to volunteer for the one-year appointment as Commission representative to the Design Review Board. Chairperson Scherpinski asked if there were any other nominations. There were none. Chairperson Scherpinski nominated Commissioner Meeks as a representative to the Design Review Board, which was seconded by Commissioner Huerta. AYES: NOES: Chairperson Scherpinski, Commissioners Araujo, Massie, Huerta, Carrillo, and Lewis ABSTAIN: ABSENT: 11

12 OTHER BUSINESS Commissioner Huerta asked staff about the Governor s proposal on the elimination of Redevelopment funding. Mr. Stumpf stated that as it stands, the City is not aware of any change to Redevelopment funding resources to the City. On February 1, 2011 the City Council approved a resolution opposing the Governor s abolishment of Redevelopment agencies. A formal recommendation will come to Council in mid-march that will address preliminary budget issues and look at alternatives and also the reorganization recommendations. Commissioner Huerta thanked Mr. Stumpf for his summary. FOLLOW UP Commissioner Huerta asked staff about an ABC license compliance issue of the neighboring business on Work Street. Mr. Grossman stated that this issue would return as a follow up at a future meeting. FUTURE AGENDA ITEMS Mr. Grossman noted that the Housing Element in addition to today s item on the Outdoor Market will be back to the Commission in the future. Chairperson Scherpinski asked staff about the old Packwood building. Mr. Grossman stated it did not require a land use permit. It is a new furniture business that is going to re-use the vacated furniture store. COUNCIL CONSIDERATION ATTENDANCE AT NEXT MEETING All Commissioners indicated their attendance at the next scheduled meeting. ADJOURNMENT The meeting was adjourned at 5:20 p.m. KEN SCHERPINSKI Chairperson COURTNEY GROSSMAN Executive Secretary I:\Planning\PLANNING COMMISSION ITEMS\Minutes 2011\PC Minutes doc 12

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