Zoning Administrator Meeting

MINUTES ZONING ADMINISTRATOR Thursday, August 25, 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 4:02 PM. PUBLIC COMMENTS No public comments were received. PUBLIC HEARING 1. 886 Cannery Row; Variance 11-208; Applicant Donald Malsbury; 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 4:00 a.m. to 9:30 a.m., Wednesday and Thursday, September 7 and September 8, 2011 and 7 p.m. to 6:00 a.m. Friday to Monday, September 9 to September 12, 2011. Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. On August 25, 2011, the Zoning Administrator approved Variance 11-208 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, August 25, 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 11-208 to allow for construction activities outside of permitted hours is approved as initially described in the letter dated August 12, 2011 and amended as follows: September 7 thru September 9, 2011 between the hours of 4:00 a.m. and 9:30 a.m. for scaffold erection, and; September 12 thru September 16, 2011 between the hours of 7:00 p.m. and 6:00 a.m. for removal of roofing tiles. 2. Planning, Engineering, and Environmental Compliance Division Condition. The following construction related conditions shall be followed: a. Roof tiles to be manually removed by non-mechanical hand tools (e.g. flat bar). b. Removed roof tiles to be hand-carried to collection area on roof, then watered down to prevent fibers from becoming airborne. c. Roof tiles to be placed by hand into disposal bags. d. Disposal bags to be placed by hand into wooden collection box. e. Wooden box to be transported to corporation yard on southwestern side of site. f. Bags to be removed from collection box by hand and placed into construction debris trailer. g. Applicant will disable back-up warning horn on forklift and provide personnel to physically escort forklift to corporation yard area and back to loading area, if allowed by state law and/or OSHA. If not specifically allowed by responsible agency(s), then the warning horn shall not be disabled. h. All temporary, artificial lighting associated with the project shall be oriented to minimize overspill, and all lighting shall be oriented towards the bay. i. Applicant to adopt and apply all reasonably available procedures to mitigate the generation of noise. 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. Zoning Administrator Meeting Minutes Thursday, August 25, 2011 2 Zoning Administrator Minutes Thursday, August 25, 2011 4. 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. 5. 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 application for and approval of a roofing demolition permit, a re-roofing permit and any other permits for the project as may be required.. 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 4:40 PM Approved, Todd Bennett Senior Associate Planner Zoning Administrator Zoning Administrator Meeting Minutes Thursday, August 25, 2011 3