OFFICIAL MINUTES OF THE SALINAS PLANNING COMMISSION. February 16, 2011

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1 OFFICIAL MINUTES OF THE SALINAS PLANNING COMMISSION February 16, 2011 The meeting was called to order at 3:35 p.m. in the City Council Chamber Rotunda. ROLL CALL PRESENT: STAFF: Chairperson Scherpinski, Commissioners Araujo, Meeks, Massie, Lewis, Carrillo (arrived late), Huerta (arrived late) Planning Manager, Courtney Grossman; Assistant City Attorney, Chris Callihan; Director of Community Development, Alan Stumpf; Senior Planner, Tom Wiles, Acting Planning Manager Advanced Planning, Tara Hullinger, and Administrative Secretary, Susan Anda. COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA APPROVAL OF THE MINUTES FOR FEBRUARY 2, 2011 February 2, 2011 minutes will be available at the next scheduled Planning Commission Meeting. PUBLIC HEARINGS 1. Proposed Outdoor Market Located at 1040 North Main Street (Salinas Sports Complex APN: ) In The PS (Public/Semipublic) District (Continued from February 2, 2011) Senior Planner Tom Wiles presented his report, which is on file in the Community Development Department. The report included a Power Point Presentation. Commissioner Huerta requested the origin of the opposition letters. Mr. Wiles stated that the letters are from business owners within the Sunset Redevelopment Area. Commission Huerta stated that the letters of opposition do not state their affiliation. Commissioner Lewis requested clarification regarding the staff determination that the outdoor market is an intended use of the Salinas Sports Complex. 1

2 Mr. Grossman stated that the Commission would need to provide confirmation regarding the use in a recommendation to the City Council. Commissioner Carrillo asked if the applicant had discussed the parking and security issues with the Sherwood Gardens Shopping Center Association. Mr. Wiles stated that he was not aware that a meeting took place. The public hearing was opened at 3:50 p.m. Mr. Jose Martinez Saldana, Executive Director of SUBA, voiced opposition to the outdoor market and clarified that the letters of opposition are correspondence he was requested to compose for members of SUBA. Mr. Michael Trelaman, an affiliate of the applicant, stated that the outdoor market would provide employment for our community. Ms. Cheryl Battala, Homeland Management Group (Sherwood Gardens Shopping Center), stated that a six-month trial period for the outdoor market is not sufficient time to evaluate the surrounding impacts, and expressed concerns over parking, sales of adult products, and the number of proposed vendors. Chairperson Scherpinski asked Ms. Battala if there has been support by other event groups to assist Homeland Management Group with additional costs for security and parking. Ms. Battala stated, no. Mr. Andres stated that as a vendor of the outdoor market, he would begin to contribute to the City s revenue and to a community event. The public hearing was closed at 4:02 p.m. Commissioner Huerta asked staff to outline the recommendations made by Mr. Saldana so perhaps the Commission after a discussion would consider integrating these concerns for City Council consideration. Mr. Stumpf summarized Mr. Saldana requests to include used merchandise only be sold, first right of refusal for non-profits and existing restaurants, and that a minimum of seventyfive percent of the outdoor market vendors be City residents, or businesses. Commissioner Huerta stated he would add commentary to Mr. Saldana s request at a later point in the meeting. Commissioner Carrillo indicated her concurrence with the sale of used goods and restrictions on food vendors is fair to local business owners. Commissioner Lewis stated that a positive aspect to the proposed outdoor market is that it keeps our Salinas residents and tax dollars in the Community. He encouraged the addition 2

3 of artists, and clothing makers, agreed with food restrictions, and expressed concern over the majority of vendors being residents of Salinas. Commissioner Massie stated that an item should be added to the agreement that a major event can supercede the outdoor market for any particular Sunday. Commissioner Meeks concurred with the last statement by Commissioner Lewis. Commissioner Araujo expressed concern regarding code enforcement and sales of adult products. She was satisfied with signage issues, and asked staff to include verbiage in the recommendation to Council to encourage local vendors. Chairperson Scherpinski asked staff if every vendor would be required to obtain a business license with appropriate insurance. Mr. Wiles stated, yes. Mr. Callihan stated that the operator of the event may obtain a business license that covers all the vendors. Additionally, the food vendors are required to obtain a separate Monterey County Health Permit. Chairperson Scherpinski asked how often the outdoor market would be subject to review. Mr. Wiles stated that a review would take place after the six-month trial period. Chairperson Scherpinski asked staff to clarify the termination of the lease agreement after thirty years. Mr. Callihan stated that the thirty-year lease agreement is with the City and the California Rodeo Association for the Salinas Sports Complex. Chairperson Scherpinski asked staff if the thirty-year lease agreement had anything to do with the terms of the applicant s agreement. Mr. Callihan stated, no. The terms of the outdoor market are in the resolution that is attached to the staff report. The terms are attached to a six-month trial period, which provides an initial sunset period. Mr. Grossman stated that staff would like to obtain the information from the applicant within five months in order to prepare for the Planning Commission public hearing without delay. Chairperson Scherpinski asked the Commissioners if they had any additional questions. Commissioner Araujo stated to those that expressed concerns to document the impacts to their business. Mr. Stumpf stated that code enforcement staffing is at a minimum and as a result the City would be relying on the applicant to submit information to staff during a review period. In 3

4 concurrence with Commissioner Araujo, the system relies on complaints to staff and from the public. Commissioner Huerta asked staff if there is a condition excluding merchandise containing adult books, videos, or audio products. Mr. Grossman stated that he did not recall this type of merchandise excluded in the resolution. Information on this item can be added as consistent with the zoning regulations. Commission Huerta asked staff if signs would be part of the review period. Mr. Grossman stated that the signs are regulated by page five of the resolution. Commissioner Huerta stated that there seems no need to add additional restrictions. Should the Commission desire to restrict additional signs, Mr. Grossman suggested striking item thirty-six from the resolution. Commissioner Huerta stated that he supports local food establishments, and looks forward to staff s report of the applicant s data on vendors during the review period. Commissioner Huerta made a motion to amend the resolution to include prohibition of the sale of adult products, books, and or audio video products, delete condition number thirtysix, include a requirement that the applicant grant first right of refusal to local food stores and food vendors. Commissioner Massie seconded the motion. Mr. Stumpf stated that the Commission could refer to the definitions that are provided in the Zoning Code regarding adult material. Commissioner Araujo stated opposition in the prohibition of adult products. Commissioner Lewis asked that the subcommittee look into larger events be considered over the outdoor market on Sundays. Chairperson Scherpinski stated that a calendar for the Sports Complex details major events. Mr. Grossman called attention to condition number thirty-three in the resolution on page five of seven outlining the coordination of events with the California Rodeo Association. Commissioner Araujo stated that the calendar be removed and that the applicant and the California Rodeo Association work out the Sundays to be agreed upon. Mr. Grossman stated that the calendar is for informational only, and is not a part of the resolution. 4

5 Commissioner Huerta stated that the intention on the motion is not a criticism of the proposed use, or the community. AYES: NOES: ABSTAIN: Chairperson Scherpinski, Commissioners Araujo, Meeks, Massie, Lewis, Carrillo, and Huerta Commissioner Huerta stated that the Commission approved the motion to amend the resolution, but not approve it. Further discussion is needed to clarify Sunday availability for other events. Commissioner Araujo asked staff to comment on Commissioner Huerta s statement on the motion. Mr. Callihan stated that the California Rodeo Association controls the use of the Salinas Sports Complex. This is a recommendation to the City Council to amend a resolution that authorizes certain uses at the Salinas Sports Complex. Chairperson Scherpinski concurred with Mr. Callihan. Chairperson Scherpinski stated that a motion is being requested of the Commission. Commissioner Huerta made a motion to approve the resolution as amended, which was seconded by Commissioner Meeks. AYES: NOES: ABSTAIN: Chairperson Scherpinski, Commissioners, Araujo, Meeks, Massie, Lewis, Carrillo, and Huerta 2. Salinas General Plan Housing Element Update (GPA ) Acting Planning Manager, Tara Hullinger, and Redevelopment Project Manager, presented the report, which is on file in the Community Development Department. The report included a Power Point Presentation. Commissioner Huerta asked Ms. Hullinger about minimum density requirements and whether action is by the Planning Commission, or the City Council. 5

6 Ms. Hullinger stated that the Commission would review staff s implementing action to the zoning code, then the Commission will provide a recommendation to the City Council. Commissioner Huerta asked Ms. Hullinger if the sites have been identified. Ms. Hullinger stated, yes. Commissioner Huerta thanked Ms. Hullinger for her hard work on the Housing Element thereby implementing and improving the Community s affordable housing goals. The public hearing was opened at 5:04 p.m. No public comments were presented. The public hearing was closed at 5:04 p.m. Commissioner Huerta made a motion to approve the recommend that the City Council adopt the Salinas General Plan Housing Element, which was seconded by Commissioner Lewis. AYES: NOES: ABSTAIN: Chairperson Scherpinski, Commissioners Araujo, Massie, Lewis, Carrillo, and Huerta Commissioner Meeks COMMISSION CONSIDERATION OTHER BUSINESS FOLLOW UP REPORTS FUTURE AGENDA ITEMS Mr. Grossman stated that another item in March would be presented. COUNCIL CONSIDERATION 6

7 Commissioner Huerta asked staff when the City Council would review today s recommendations. Mr. Grossman anticipates that the item will be presented to Council. ATTENDANCE AT NEXT MEETING Chairperson Scherpinski will not be present at the next scheduled meeting of March 2, ADJOURNMENT The meeting was adjourned at 5:15 p.m. KEN SCHERPINSKI Chairperson COURTNEY GROSSMAN Executive Secretary I:\Planning\PLANNING COMMISSION ITEMS\Minutes 2011\PC Minutes doc 7