Zoning Administrator Meeting

MINUTES ZONING ADMINISTRATOR Thursday, July 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 4:01 PM. PUBLIC COMMENTS No public comments were received. PUBLIC HEARING 1. 812 Munras Avenue; Use Permit 11-156; Applicant Charnel James; Owner Bhula Patel; VAF Zoning District; Exempt from CEQA Requirements. Minor Use Permit request to install an unmanned, personal wireless facility (cellular antennas). The project includes a penthouse for twelve (12) panel antennas on top of the existing building and equipment cabinets at the rear of the site. Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. On July 28, 2011, the Zoning Administrator approved Use Permit 11-156 to install an unmanned, personal wireless facility (cellular antennas) located at 812 Munras Avenue within the VAF District subject to the following findings, that: Environmental: 1. The project is exempt from the California Environmental Quality Act (Section15301(e)) because the project is a minor addition to an existing structure. General Plan and Downtown Area Plan: 2. The project (unmanned cellular facility) is consistent with the City of Monterey General Plan because it is an accessory commercial use in a commercially zoned (VAF) district. 3. The project is consistent with the Downtown Area Plan because it does not replace the existing VAF use, and provides communication infrastructure in the downtown area. 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 will provide cellular communications opportunities in the downtown area without eliminating existing hotel rooms, will not generate view impacts, and is conditioned to prevent, to the greatest extent possible, negative impacts, including noise, to the immediate and community neighbors. 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 conditions of approval provide staff with the tools necessary to ensure compliance with the performance standards related to noise. Zoning Administrator Minutes Thursday, July 28, 2011 6. The proposed use will comply with any specific condition required for that use. Wireless Facilities (Findings): 7. The facility is not detrimental to the public health, safety and welfare. 8. The applicant considered city facilities as a high priority during site selection. 9. The facility is co-located with existing facilities and planned new facilities whenever feasible and when it is visually desirable. 10. The facility is designed, constructed and operated in such a manner to minimize the amount of noise impacts to adjacent uses and activities and shall be in conformance with the General Plan and Zoning Ordinance noise exposure standards. 11. The facility is designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight or attractive nuisances. 12. The facility does not impair or diminish views of and vistas from adjacent properties and designated scenic corridors. 13. The facility is necessary or desirable for, and compatible with, the neighborhood or community. The City may consider a number of factors, for example, the height of the facility, the proximity of the facility to residential structures, the nature of uses on adjacent and nearby properties, the surrounding topography, the surrounding tree coverage and foliage, and other valid public goals such as safety and aesthetics. Conditions of Approval: 1. Planning, Engineering, and Environmental Compliance Division Condition. That the Use Permit 11-156 to install an unmanned, personal wireless facility (cellular antennas) is approved as shown on the June 15, 2011 site plan, floor plan, and elevations. 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. The ARC application shall include a landscape plan which includes information on required tree removals and their replacement on-site. 4. Planning, Engineering, and Environmental Compliance Division Condition. All equipment cabinets shall be “encased” or enclosed within individual noise attenuation cabinets. 5. Planning, Engineering, and Environmental Compliance Division Condition. Within 30 days from the date the use becomes operational, a noise study shall be submitted for review. If the noise study shows that the use of the equipment cabinets results in one or more violations of the noise performance standards, or if complaints from adjacent Zoning Administrator Meeting Minutes Thursday, July 28, 2011 2 Zoning Administrator Minutes Thursday, July 28, 2011 residents are received, then all cabinets shall be fully enclosed within one enclosure structure and that enclosure shall be designed and constructed to minimize noise levels to the point noise levels meet the associated performance standards. 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 The meeting was adjourned at 4:09 PM Approved, Todd Bennett Senior Associate Planner Zoning Administrator Zoning Administrator Meeting Minutes Thursday, July 28, 2011 3