Zoning Administrator Meeting

MINUTES ZONING ADMINISTRATOR Thursday, March 8, 2012 4:00 PM MONTEREY LIBRARY, COMMUNITY ROOM MONTEREY, CALIFORNIA CALL TO ORDER Senior Associate Planner Bennett called the meeting to order at 4:05 PM. PUBLIC COMMENTS No public comments were received. PUBLIC HEARING 1. Consider 751 Cannery Row – Use Permit Application 12-026 for Live Entertainment (ancillary to 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 March 8, 2012, the Zoning Administrator approved Use Permit 12-026 for live entertainment (ancillary to art studio/café) located at 751 Cannery Row within the VAF 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, Live Entertainment (ancillary to art studio/cafe), 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 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.  Zoning Administrator Minutes Thursday, March 8, 2012 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 Use Permit Application 12-026 for Live Entertainment (ancillary to art studio/cafe) is approved as shown on the February 7, 2012 floor plan, as described in the Introduction Letter of the same date, and the supplemental description letter submitted on February 24, 2012. 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 for any exterior modifications to the building and/or storefront. Any proposed new signage for the business will also require an application to the ARC, and said application shall be approved prior to the installation of any new or replacement signage. 4. Planning, Engineering, and Environmental Compliance Division Condition. Live Entertainment must end by 11:00 PM nightly. No dancing is permitted under this Use Permit. 5. Planning, Engineering, and Environmental Compliance Division Condition. The Use Permit may be reopened for additional review if the Deputy City Manager of Plans and Public Works determines that the live entertainment is creating a disturbance or interfering with peaceful enjoyment based on a documented pattern of disturbance as evidenced by citizen complaints, inappropriate noise levels, Police reports, Fire Department reports, Code enforcement reports and violations of the City Code, Penal Code or other State Statutes. 6. Permit and Inspection Services Division Condition. The applicant shall comply with all the requirements of the Permit and Inspection Services Division. 7. Public Works Department Condition: 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. 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. Zoning Administrator Meeting Minutes Thursday, March 8, 2012 2 Zoning Administrator Minutes Thursday, March 8, 2012 ADJOURNMENT The meeting was adjourned at 4:21 PM. Approved, Todd Bennett Zoning Administrator Zoning Administrator Meeting Minutes Thursday, March 8, 2012 3