Zoning Administrator Meeting

MINUTES ZONING ADMINISTRATOR Thursday, April 28, 2011 4:00 PM COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA CALL TO ORDER Senior Associate Planner Bennett called the meeting to order at 4:00 PM. PUBLIC COMMENTS No public comments were received. PUBLIC HEARING 1. 751 Cannery Row; Use Permit 11-097; Applicant Robert Grove; Owner Cannery Row Company; VAF Zoning District; Exempt from CEQA Requirements. Consider Minor Use Permit request to operate a non-formula, fast food restaurant within an existing building. Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. On April 28, 2011, the Zoning Administrator approved Use Permit 11-097 to operate a non- formula, fast food restaurant in an existing building located at 751 Cannery Row within the VAF 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 a new use within an existing building and no expansion is proposed. General Plan and Cannery Row Land Use Plan: 2. The project (the Caffino Cafe business) is consistent with the City of Monterey General Plan because the Plan designates the site for commercial use. 3. The project is consistent with Cannery Row Land Use plan because the Plan encourages visitor serving commercial uses. Zoning Ordinance: 4. As conditioned, the proposed use is in accord with the objectives and purposes of the VAF Zoning District and applicable Zoning Ordinance standards because the use, a non- formula fast food restaurant, is allowed in the VAF zones with approval of a Use Permit. Use 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; a. The site is zoned VAF, and the proposed use will be an ancillary use to the existing hotel. b. The proposed use will be located within the existing building and therefore no new construction is proposed or required. 6. The proposed use will comply with any specific condition required for that use.  Zoning Administrator Minutes Thursday, April 28, 2011 Conditions of Approval: 1. Planning, Engineering, and Environmental Compliance Division Condition. That the Use Permit 11-097 for a non-formula, fast food restaurant within an existing building is approved as shown on the April 19, 2011 floor plan and description letter. 2. 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. 3. Planning, Engineering, and Environmental Compliance Division Condition. That prior to installation of any new exterior signage, an application for Architectural Review Committee (ARC) sign review shall be submitted, reviewed and approved. 4. Permit and Inspection Services Division Condition. The applicant shall comply with all the requirements of the Permit and Inspection Services Division, including but not limited to interior tenant improvements, kitchen equipment upgrades, signage hardware, etc. 5. 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. 6. 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. 2. 685 Cannery Row; Application 11-104 to Reopen Use Permit 08-136; Applicant Cris Pangan with Johnny Rockets Group Inc.; Owner The Cannery Row Company; CR Zoning District; Exempt from CEQA Requirements. Consider request to re-open Use Permit 08-136 to allow for an expansion of outdoor seating. Use Permit 08-136 approved two (2) tables and four (4) seats on the patio area. The current application requests approval for seven (7) tables and twenty-four (24) seats in conjunction with a full service restaurant located in Suite 101. Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. On April 28, 2011, the Zoning Administrator approved Application 11-104 to Reopen Use Permit 08-136 to allow for an expansion of outdoor seating located at 685 Cannery Row within the CR District subject to the following findings, that: Environmental: 1. The project is exempt from the California Environmental Quality Act (Section 15301(a)) because the project is an exterior alteration (outdoor seating) to an existing commercial site. General Plan and Cannery Row Land Use Plan: 2. The project (Johnny Rocket’s outdoor restaurant seating) is consistent with the City of Monterey General Plan because the Plan designates the site for commercial use. Zoning Administrator Meeting Minutes Thursday, April 28, 2011 2 Zoning Administrator Minutes Thursday, April 28, 2011 3. The project is consistent with the Cannery Row Land Use Plan because the Plan encourages visitor serving commercial uses. Zoning Ordinance: 4. As conditioned, the proposed use is in accord with the objectives and purposes of the CR Zoning District and applicable Zoning Ordinance standards because the use, a full-service restaurant with outdoor seating, is allowed in the CR Zoning District 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: a. The site is zoned CR, and the outdoor dining will be used to support the full service restaurant. b. No new construction is proposed. c. The expanded outdoor seating area will not impede or restrict pedestrian access or egress to the subject site or the building thereon, and will not create a safety impact. d. No outdoor alcohol service is proposed or approved under this application. e. No outdoor amplified our acoustic music is proposed or approved under this application. 6. The proposed use will comply with any specific condition required for that use. Conditions of Approval: 1. Planning, Engineering, and Environmental Compliance Division Condition. That the Application 11-104 to Reopen Use Permit 08-136 to allow for an expansion of outdoor seating is approved as shown on the outdoor seating plan and described in the description letter dated April 13, 2011. 2. 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. 3. Planning, Engineering, and Environmental Compliance Division Condition. That prior to the installation or placement of any outdoor furniture or planters in conjunction with the outdoor seating area, an application for the improvements shall be submitted to and approved by the Architectural Review Committee. 4. Permit and Inspection Services Division Condition. The applicant shall comply with all the requirements of the Permit and Inspection Services Division. 5. Fire Department Condition. The placement and layout of any outdoor furniture and planters is subject to review and approval by the Deputy Fire Marshall as it relates to emergency egress from the subject suite, or any of the other lease areas on the subject site. 6. 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 Zoning Administrator Meeting Minutes Thursday, April 28, 2011 3  Zoning Administrator Minutes Thursday, April 28, 2011 3. 1500 Mark Thomas Drive; Variance 11-103; Applicant Richard Patterson; Owner Santa Catalina School; R-1-20 Zoning District; Exempt from CEQA Requirements. Consider request for an Exception Permit to allow for construction activities outside of permitted hours. Construction hours are limited by Zoning Code Section 38-112.2 as follows: 7:00 a.m. to 7:00 p.m. Monday through Friday; 8:00 a.m. to 6:00 p.m. Saturdays and; 10:00 a.m. to 5:00 p.m. Sundays. Proposed hours are from 6:30 a.m. to 11:30 p.m. Monday through Saturday. No Sunday construction hour exemptions are proposed. Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. On April 28, 2011, the Zoning Administrator approved Variance 11-103 allow for construction activities outside of permitted within the R-1-20 District subject to the following findings, that: Environmental: 1. The project is exempt from the California Environmental Quality Act (Section 15324(b)) because the project is an action taken by the City to regulate construction hours. General Plan: 2. The project, an exception to allowed construction hours, is consistent with the City of Monterey General Plan because approval of the exception will reflect the City’s support of programs that provide strong educational opportunities at all levels (Social Element, Goal e.) while adopting Conditions of Approval that will minimize potential noise impacts. Zoning Ordinance: 3. As conditioned, the proposed exception to the construction hours is in accord with the objectives and purposes of the R-1-20 Zoning District and applicable Zoning Ordinance standards because the exception allows for the completion of the project during the summer months, thereby allowing for the uninterrupted use of the site for a private school during the typical school year. Exception/Variance: 4. Because of special circumstances or conditions applicable to the subject property, strict application of the construction hour limitations shall deprive such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification because the operation of the private school takes place during the typical school calendar year, and the project activities are incompatible with the operation of the educational facility. 5. Granting the Variance will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare because the associated Conditions of Approval will help minimize potential noise impacts to properties in the vicinity. 6. Granting the Variance is consistent with the purposes of the zoning ordinance and will not constitute a grant of special privilege inconsistent with the limitation on other properties in the vicinity and in the same zoning district. Conditions of Approval: 1. Planning, Engineering, and Environmental Compliance Division Condition. That the Exception/Variance 11-103 to allow for construction activities outside of permitted hours (6:30 am to 11:30 pm Monday-Saturday, proposed), is approved as described in the April 13, 2011 description letter. Zoning Administrator Meeting Minutes Thursday, April 28, 2011 4  Zoning Administrator Minutes Thursday, April 28, 2011 2. Planning, Engineering, and Environmental Compliance Division Condition. That the date range for the Exception/Variance to the allowable construction hours shall be between the dates of June 6, 2011 and September 1, 2011. 3. Planning, Engineering, and Environmental Compliance Division Condition. That all appropriate measures shall be taken to minimize potential noise impacts to the adjacent properties and the immediate neighborhood during the time periods outside of the normally allowable construction hours. 4. Permit and Inspection Services Division Condition. The applicant shall comply with all the requirements of the Permit and Inspection Services Division. 5. 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. 4. 171 Webster Street; Use Permit 11-076; Applicant Dennis Murphy; Owner George Kodama; C-2 Zoning District; Exempt from CEQA Requirements. Consider Minor Use Permit to allow for Personal Improvement Service use (music school) in an existing building. Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. On April 28, 2011, the Zoning Administrator approved Use Permit 11-076 to allow for Personal Improvement Service use (music school) in an existing building located at 171 Webster 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(a)) because the project is a new use of an existing building. General Plan and Downtown Area Plan: 2. The project (Dennis Murphy School of Music) is consistent with the City of Monterey General Plan because the site is zoned Commercial, and the proposed use is permitted with approval of a Use Permit. 3. The project is consistent with The Downtown Area Plan because the plan encourages improving the retail climate and commercial vitality of the downtown, and the proposed use will occupy a vacant building and bring local and regional residents to the downtown area. 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 the use is allowed with approval of a Use Permit. 5. That the proposed use and the associated description letter indicate that there will be a maximum of five (5) music students at any one time at the business, and that the previous business, a “business and/or professional office” had a higher parking demand than does the proposed business. Zoning Administrator Meeting Minutes Thursday, April 28, 2011 5 Zoning Administrator Minutes Thursday, April 28, 2011 Use Permit: 6. 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, a musical school, is not immediately adjacent to any residential units and the proposed hours of operation are appropriate for the specific site and the surrounding uses. 7. The proposed use will comply with any specific condition required for that use. Conditions of Approval: 1. Planning, Engineering, and Environmental Compliance Division Condition. That the Use Permit 11-076 to allow for Personal Improvement Service use (music school) in an existing building is approved as shown on the March 11, 2011 floor plan and description letter. 2. Planning, Engineering, and Environmental Compliance Division Condition. That if, as a result of the proposed use, noise complaints are generated from the immediate neighborhood or adjacent properties, and it is determined that the observed noise levels exceed limitations as set forth in Zoning Code Section 38-111, the applicant shall be required to install noise attenuation improvements and/or limit the amplification levels of associated musical instruments until the observed noise levels meet standards. 3. 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. 4. Permit and Inspection Services Division Condition. The applicant shall comply with all the requirements of the Permit and Inspection Services Division. 5. 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. 6. 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 The meeting was adjourned at 4:57 PM. Approved, Todd Bennett Senior Associate Planner Zoning Administrator Zoning Administrator Meeting Minutes Thursday, April 28, 2011 6