Zoning Administrator Meeting

MINUTES ZONING ADMINISTRATOR Thursday, September 22, 2011 4:00 PM MONTEREY LIBRARY, SOLARIUM CONFERENCE ROOM, 625 PACIFIC STREET 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. 654 Lighthouse Avenue; Use Permit 11-236; Applicant Ed Nimis; Owner Betty Moreno; C-2 Zoning District; Exempt from CEQA Requirements. Request approval to divide an existing apartment unit into two (2) apartment units as part of an existing mixed-use building. The project does not include an expansion of the existing structure. Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. On September 22, 2011, the Zoning Administrator approved Use Permit 11-236 to divide an existing apartment unit into two (2) apartment units as part of an existing mixed-use building located at 654 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 (Article 19, Section 15301(e)) because the project is an existing facility and no expansion is proposed. General Plan and Lighthouse Avenue Area Plan: 2. The project, the division of the single apartment unit into two separate units, is consistent with the City of Monterey General Plan because the site is classified as Commercial, and has been designated as a mixed-use neighborhood and the proposed project maintains the use as a mixed use. 3. The project is consistent with the Lighthouse Avenue Area Plan because Goal 1.2 encourages more residential use in the Lighthouse Avenue area. Zoning Ordinance: 4. As conditioned, the proposed project is in accord with the objectives and purposes of the C-2 Zoning District and applicable Zoning Ordinance standards because mixed-use buildings are permitted in the C-2 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  Zoning Administrator Minutes Thursday, September 22, 2011 welfare of the City because the use is located in a commercial zone, the applicant has agreed to purchase one (1) public parking garage pass for the new tenant, and the use does not require a water allocation because there will not be an increase in the number of water credit fixture units associated with the site. 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 division of the single apartment into two (2) separate apartment units as part of an existing mixed-use, two-story building is approved as shown on the September 7, 2011 site plan and floor plan, and as described in the description letter dated September 7, 2011. 2. Planning, Engineering, and Environmental Compliance Division Condition. That one of the existing off-street parking spaces located on-site be dedicated for use by the tenant(s) of the existing apartment unit, and that the owner of the property purchase a monthly parking pass to the City’s Cannery Row Garage, for the life of the second apartment unit, for exclusive use by the tenant of the new apartment unit. 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. 2. 2115 North Fremont Street; Use Permit 11-237; Applicant Kirsten Clapp and Judith Swartz; Owner Ray and Linda Martin; C-2 Zoning District; Exempt from CEQA Requirements. Request approval of a Minor Use Permit to allow for the operation of a performing arts theater and art gallery within an existing commercial building. No expansion of the building is proposed. Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. Zoning Administrator Meeting Minutes Thursday, September 22, 2011 2  Zoning Administrator Minutes Thursday, September 22, 2011 On September 22, 2011, the Zoning Administrator approved Use Permit 11-237 to allow for the operation of a performing arts theater and art gallery within an existing commercial building located at 2115 North Fremont Street within the C-2 District subject to the following findings, that: Environmental: 1. The project is exempt from the California Environmental Quality Act (Article 19, Section 15301(e)) because the project is an existing facility and no expansion is proposed. General Plan and North Fremont Street Area Plan: 2. The project, the Stardust Playhouse which is classified as a Commercial Recreation and Entertainment, Limited use is consistent with the City of Monterey General Plan because the proposed use is allowed in the Community Commercial (C-2) Zoning District with approval of a Use Permit. 3. The project is consistent with the North Fremont Street Area Plan’s Policy 1 because the proposed use will provide a new recreation and entertainment opportunity in addition to Monterey Lanes, thereby helping create a distinct business district that includes neighborhood and resident serving uses. 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 Commercial Recreation and Entertainment, Limited uses are permitted 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 hours of operation will not exceed allowable hours of operation for commercial properties adjacent to residentially zoned properties, that the days and hours of operation will not overlap the existing days and hours of operation of the other, existing tenants of the building, and that because the proposed use will operate during hours exclusive of the other tenants, there are adequate parking facilities to meet the parking requirements for the proposed use. 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 Commercial Recreation and Entertainment, Limited use is approved as shown on the September 8, 2011 floor plan, and photographs, and as described in the description letter of the same date, including but not limited to the specific days and hours of operation. 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. Permit and Inspection Services Division Condition. The applicant shall comply with all the requirements of the Permit and Inspection Services Division. Zoning Administrator Meeting Minutes Thursday, September 22, 2011 3  Zoning Administrator Minutes Thursday, September 22, 2011 4. 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. 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. ADJOURNMENT The meeting was adjourned at 4:17 PM. Approved, Todd Bennett Senior Associate Planner Zoning Administrator Zoning Administrator Meeting Minutes Thursday, September 22, 2011 4