Zoning Administrator Meeting

MINUTES ZONING ADMINISTRATOR Thursday, May 26, 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. 886 Cannery Row; Variance 11-137; Applicant Steve Minafo; Owner Monterey Bay Aquarium Foundation; CR 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. Proposed hours are from 6:00 p.m. to 1:00 a.m., Monday through Friday from June 8, 2011 to August 12, 2011. Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. On May 26, 2011, the Zoning Administrator approved Variance 11-137 to allow for construction activities outside of permitted hours located at 886 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 15324(b)) because the project is an action taken by the City to regulate hours of work. General Plan and Cannery Row Plan: 2. The project, an exception to the allowed hours of construction, is consistent with the City of Monterey General Plan because approval of the Variance will reflect the City’s support of the Monterey Bay Aquarium (Economic Element, Program b.3.1), while adopting Conditions of Approval that will encourage quiet neighborhoods (Goal C) and allow construction only where projected noise levels can be mitigated (Goal d) by limiting the hours of noise generating construction activities (Policy d.2) as detailed in the Noise Element. 3. The project is consistent with Cannery Row Local Coastal Program Land Use Plan because it supports the continuing operation of the Monterey Bay Aquarium as a coastal dependent, recreational and non-recreational use. Zoning Ordinance: 4. As conditioned, the proposed Variance is in accord with the objectives and purposes of the CR Zoning District and applicable Zoning Ordinance standards because the Variance allows for the uninterrupted operation of a visitor and resident serving commercial use, including Aquaculture and Marine Research, and Commercial Recreation and Entertainment.  Zoning Administrator Minutes Thursday, May 26, 2011 Variance: 5. Because of special circumstances or conditions applicable to the subject property, strict application of the zoning requirements shall deprive such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification because the operation of the aquarium is seven days a week, and the project activities require closing a portion of sidewalk area adjacent to the aquarium entrance which would be incompatible with its visitor-serving function. 6. 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 mitigate potential noise impacts to the immediate neighbors. 7. Granting the Variance is consistent with the purposes of the zoning ordinance and will not constitute a grant of special privilege inconsistent with the limitations 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 Variance 11-137 to allow for construction activities outside of permitted hours is approved as described in the May 16, 2011 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 submittal of a building permit an application for Architectural Review Committee (ARC) review and approval shall be submitted and approved. 4. Planning, Engineering, and Environmental Compliance Division Condition. That the construction work associated with the window replacement along the David Avenue frontage will not continue past 10:00 p.m. nightly. That after 10:00 p.m., the window replacement activities will move inside the building. No work is permitted past 1:00 a.m. 5. Planning, Engineering, and Environmental Compliance Division Condition. Use of any mechanical/motorized lifts to support the window replacement project along David Avenue shall cease by 10:30 p.m. nightly. After 10:30 p.m., the lift will be relocated off the public right-of-way. 6. Planning, Engineering, and Environmental Compliance Division Condition. No electric or gas powered blowers, vacuums or other non-human powered cleaning tools are permitted in association with this permit. 7. 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 application for and approval of an Encroachment Permit for the partial sidewalk closure, and the use of a motorized lift within the traffic lane of David Avenue. Zoning Administrator Meeting Minutes Thursday, May 26, 2011 2  Zoning Administrator Minutes Thursday, May 26, 2011 8. 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. 9. 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. 399 Lighthouse Avenue; Use Permit 11-118; Applicant Thomas Ward; Owner Scott Negri with Commercial Retail Associates; C-2 Zoning District; Exempt from CEQA Requirements. Consider Use Permit request to operate a fitness studio on a twenty-four hour, seven days a week basis. Project requires Use Permit approval for both the proposed use (Personal Improvement Service) and for hours of operation (24-hours/day, 7-days/week). Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. On May 26, 2011, the Zoning Administrator approved Use Permit 11-118 to operate a fitness studio on a twenty-four hour, seven days a week basis located at 399 Lighthouse Avenue 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, Class 1) because the project is a new use of an existing facility with no expansion of the structure. General Plan and Lighthouse Avenue Area Plan: 2. The project (Snap Fitness) is consistent with the City of Monterey General Plan because the property is zoned commercial and the proposed use is allowed with approval of a Use Permit. 3. The project is consistent with the Lighthouse Avenue Area plan because the use is resident serving (Goal 1.1 and Policy 1.1.1). 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 Personal Improvement Services 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 parking requirements for the use (personal improvement services) are met on site, and the use does not require a water allocation because the use is not classified as an intensification. Zoning Administrator Meeting Minutes Thursday, May 26, 2011 3 Zoning Administrator Minutes Thursday, May 26, 2011 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 Use Permit 11-118 for Personal Improvement Service (Snap Fitness) is approved as shown on the April 28, 2011 site plan, floor plan, elevations, and as described in the description letter of the same date and subsequent correspondence dated May 25, 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 submittal of a building permit an application for Architectural Review Committee (ARC) review and approval shall be submitted and approved. 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 5:06 PM. Approved, Todd Bennett Senior Associate Planner Zoning Administrator Zoning Administrator Meeting Minutes Thursday, May 26, 2011 4