Zoning Administrator Meeting

MINUTES ZONING ADMINISTRATOR Thursday, February 23, 2012 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. Reconsider 625 Major Sherman Lane – Variance Application 11-311 for 6' fence within front yard setback (4' - 0" standard); Applicant Ray Schmitt; Owner Albert Barreto; R-1-10-D1 Zoning District; Exempt from CEQA Requirements (continued from February 9, 2012). Action: Application voluntarily withdrawn by applicant. 2. Reconsider 631 Major Sherman Lane – Variance Application 11-312 for 6' fence within front yard setback (4' - 0" standard); Applicant Ray Schmitt; Owner Albert Barreto; R-1-10-D1 Zoning District; Exempt from CEQA Requirements (continued from February 9, 2012). Action: Application voluntarily withdrawn by applicant. 3. Consider 751 Cannery Row – Use Permit Application 12-026 for Fast Food (art studio/cafe); Applicant Aaron Baribeau and Richard Ahart; Owner Cannery Row Company; VAF Zoning District; Exempt from CEQA Requirements. Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. On February 23, 2012, the Zoning Administrator approved Use Permit 12-026 for a new fast food use in conjunction with a retail sales business (art gallery) located at 751 Cannery Row within the Cannery Row District subject to the following findings, that: Environmental: 1. The project is exempt from the California Environmental Quality Act (Article 19, Section 15301(a), Class 1) because the project is the reuse of an existing facility with no expansion. General Plan and Cannery Row Land Use Plan: 2. The project (the Studio1 Art Cafe business) is consistent with the City of Monterey General Plan because the Plan designates the site for commercial uses. 3. The project is consistent with Cannery Row Land Use Plan because the Plan encourages visitor serving commercial uses.  Zoning Administrator Minutes Thursday, February 23, 2012 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 and retails sales commercial business, and is allowed within the VAF zone 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 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 Conditions of Approval: 1. Planning, Engineering, and Environmental Compliance Division Condition. That the Fast Food use is approved as shown on the February 7, 2012 floor plan and as described in the letter of the same date. 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. Any exterior modifications to the lease space, including but not limited to façade improvements, window replacement, permanent or temporary signage, requires an application to and approval by the Architectural Review Committee (ARC). All ARC applications must be approved prior to the issuance of a building permit. 4. Public Works Department. The applicant is required to meet all requirements of the Public Works Department, potentially including, but not limited to, the installation of one or more devices to prevent the introduction of grease, oils and other selected liquids and solids into the City’s storm drain system. 5. Permit and Inspection Services Division Condition. The applicant shall comply with all the requirements of the Permit and Inspection Services Division. 6. 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. 7. 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, February 23, 2012 2  Zoning Administrator Minutes Thursday, February 23, 2012 4. Consider 886 Cannery Row – Variance Application 12-027 for exception to the allowable construction hours for a re-roofing project; Applicant Thomas Halpin; Owner Monterey Bay Aquarium; CR Zoning District; Exempt from CEQA Requirements. Action: Approved application with Standard and Special Circumstance Findings for Decision and Conditions of Approval. 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 Land Use 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. 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, the project activities have the potential of creating safety impacts due to falling debris, and has the potential to generate a negative public perception due to the required protective clothing to be worn by the workers during the removal of the roofing material which would be incompatible with the Aquarium’s 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. Zoning Administrator Meeting Minutes Thursday, February 23, 2012 3  Zoning Administrator Minutes Thursday, February 23, 2012 Conditions of Approval: 1. Planning, Engineering, and Environmental Compliance Division Condition. That the Variance 12-027 to allow for construction activities outside of permitted hours is approved as initially described on the application form, and further defined at the Zoning Administrator meeting, as follows: Starting March 8, 2012 and ending on or before May 7, 2012 between the hours of 7:00 PM and 7:00 AM 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. 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 Zoning Administrator Meeting Minutes Thursday, February 23, 2012 4 Zoning Administrator Minutes Thursday, February 23, 2012 The meeting was adjourned at 4:50 PM Approved, Todd Bennett Zoning Administrator Zoning Administrator Meeting Minutes Thursday, February 23, 2012 5