Zoning Administrator Meeting

MINUTES ZONING ADMINISTRATOR Thursday, April 14, 2011 4:00 PM MONTEREY LIBRARY, COMMUNITY ROOM MONTEREY, CALIFORNIA CALL TO ORDER Senior Associate Planner Bennett called the meeting to order at 4:02 PM. PUBLIC COMMENTS None PUBLIC HEARING 1. 409 Alvarado Street; Use Permit 11-091; Applicant Hitesh Desai; Owner JMDJ Partnership; C-2 Zoning District; Exempt from CEQA Requirements. Consider Minor Use Permit application for a fast food restaurant with live entertainment. No dancing is proposed. Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. On April 14, 2011, the Zoning Administrator approved Use Permit 11-091 for a fast food restaurant with live entertainment located at 409 Alvarado Street within the C-2 District subject to the following findings, that: Environmental: 1. The project is exempt from the California Environmental Quality Act (Section 15301(e)) because the project is an existing facility and involves no physical expansion. General Plan and Downtown Area Plan: 2. The project (The Italian Cafe) is consistent with the City of Monterey General Plan because the site is designated for commercial use in the General Plan. 3. The project is consistent with Downtown Area Plan’s Policy B which strives to improve the retail climate and commercial vitality of the downtown. Zoning Ordinance: 4. As conditioned, the proposed use is in accord with the objectives and purposes of the C-2 Zoning District and applicable Zoning Ordinance standards because fast food eating and drinking establishments with live entertainment, are allowed with approval of a Use Permit. Use Permit: 5. As conditioned, the proposed use will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the City because the use is located in a commercial zone, the allowable hours of operation are based upon the Use Permit Conditions of Approval for the mixed-use building which took into consideration the residential uses on the site, that the use does not propose an expansion of the building and is not an intensification of the previous restaurant use so the project does not require a parking adjustment, that the proposed live entertainment in conjunction with the restaurant use is permitted, with restrictions, under the existing mixed-use Use Permit Conditions of Approval, and the use does not require a water allocation because the use is not classified as an intensification  Zoning Administrator Minutes Thursday, April 14, 2011 6. The proposed use will comply with any specific condition required for that use and with any specific conditions associated with the mixed-use building. Conditions of Approval: 1. Planning, Engineering, and Environmental Compliance Division Condition. That the Use Permit for a fast food restaurant with live entertainment is approved as shown on the March 25, 2011 floor plan, and as described in the description letter and menu of the same date. 2. Planning, Engineering, and Environmental Compliance Division Condition. That the use will be subject to the Conditions of Approval associated with Use Permit 10-023 related to the ground-floor use of the mixed-use building, including but not limited to the hours of operation, the allowable type of ABC license, the number of restaurant seats or any major change to the floor plan. 3. Planning, Engineering, and Environmental Compliance Division Condition. That the use of the ground floor area as a restaurant shall not be converted to a nightclub or other type of business that includes live entertainment if the change will or could result in a change of the associated use classification from a fast food restaurant with live entertainment. 4. Planning, Engineering, and Environmental Compliance Division Condition. That all development on the project property shall be constructed and thereafter maintained in accordance with the conditions of this permit. 5. Planning, Engineering, and Environmental Compliance Division Condition. That prior to submittal of a building permit an application for Architectural Review Committee (ARC) review and approval shall be submitted and approved. 6. Permit and Inspection Services Division Condition. The applicant shall comply with all the requirements of the Permit and Inspection Services Division. 7. Planning, Engineering, and Environmental Compliance Division Condition. This project is subject to the categorical water allocation program approved by the City Council. The applicant will proceed at his own risk that water may not be available at the time he requests building permits. No building permits will be issued if water is not available to this project. 8. Permit Expiration Condition. This permit shall become null and void if not exercised or extended within twenty-four (24) months of the date of granting by the Zoning Administrator. It is the applicant’s responsibility to track the 24-month expiration date. No renewal notice will be sent to the applicant. ADJOURNMENT There being no further business, the meeting adjourned at 4.45 PM Approved, Zoning Administrator Zoning Administrator Meeting Minutes Thursday, April 14, 2011 2