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Zoning Administrator Meeting

Regular Meeting

Monterey, CA · July 21, 2022

AgendaMinutesPacket

Minutes

DocuSign Envelope ID: 1623BD37-D61D-4E52-B42B-BEFCEDAEEF91 MINUTES ZONING ADMINISTRATOR Thursday, July 21, 2022 3:00 PM COUNCIL CHAMBER AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Staff Members Present: Principal Planner Roveri, Senior Associate Planner Schmidt, Associate Planner Sabdo, Associate Planner Buggert, Recording Secretary Cleary This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C) and the Monterey City Council’s Resolution authorizing virtual participation in public meetings given the COVID-19 pandemic. CALL TO ORDER Principal Planner Roveri, serving as Zoning Administrator, called the meeting to order at 3:00 p.m. and Recording Secretary Cleary explained to the public how to participate and provide public comment live during the meeting. PUBLIC COMMENTS None. CONSENT ITEMS Approval of Minutes 2. June 16, 2022 ACTION: Approved as submitted Zoning Administrator Roveri approved the June 16, 2022 Zoning Administrator meeting minutes. ***End of Consent Agenda*** PUBLIC HEARING 3. Consider 74 Via Descanso; Variance Application VA-22-0092 to Allow Rear Yard Setback Variance (20’ Required, 17.5’ Proposed) and 2nd-Story Side Yard Setback Variance (15’ Required, 7.5’ Proposed) to Enclose Existing Deck with Solarium; Applicant/Property Owner Yvonne and Jose Rafael Ramos; R-1-20 Zoning (Residential Single-Family) District; Low Density Residential General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 ACTION: Approved Variance application VA-22-0092 to allow rear yard setback variance (20’ required, 17.5’ proposed) and 2nd-story side yard setback variance (15’ required, 7.5’ proposed) to enclose existing deck with solarium at 74 Via Descanso DocuSign Envelope ID: 1623BD37-D61D-4E52-B42B-BEFCEDAEEF91 Zoning Administrator Minutes Thursday July 21, 2022 Staff Presentation/Zoning Administrator Questions Senior Associate Planner Schmidt presented the Agenda Report. Applicant Applicant and Property Owners Yvonne and Jose Rafael Ramos were present to answer questions. Public Comments None. Zoning Administrator Comments Zoning Administrator Roveri approved the proposal based on special circumstances of the site’s topography and lack of view or privacy impacts. 4. Consider 1015 Cass Street; Use Permit Application UP-21-0081 to Allow Conversion of Existing Commercial Office Space to Six Residential Units; Applicant Glenn E. Warner; Property Owner Don Desai; CO-ES Zoning District (Office and Professional District with Emergency Shelter Overlay); Commercial General Plan Land Use Designation; Exempt from CEQA Requirements per Article 19, Section 15303, Class 3 ACTION: Approved Use Permit application UP-21-0081 to allow conversion of existing commercial office space to seven residential units at 1015 Cass Street, with an added Condition of Approval to correct references of six units with the accurate amount of seven units Staff Presentation/Zoning Administrator Questions Senior Associate Planner Schmidt presented the Agenda Report and answered Zoning Administrator questions. Zoning Administrator Roveri asked clarifying questions regarding the floor plan, number of units, and proposed versus existing parking. Mr. Schmidt provided details and stated there are seven units proposed. Zoning Administrator Roveri made an inquiry regarding the accessible parking spot. Applicant Glen Warner, the project architect explained the handicap space was removed to accommodate posts for the carport but added that the end space could be made accessible. Public Comments None. Zoning Administrator Comments Zoning Administrator Roveri agreed that the proposal is consistent with the Zoning Ordinance and General Plan, would not have a detrimental impact to the public or the City, is within the allowable density, and meets all required parking. Zoning Administrator Roveri approved the proposal with the added Condition of Approval that the Resolution be amended throughout to reflect the proposed number of units is seven, not six, and explained that if there is not enough space for the required parking, the project may need to return to the Zoning Administrator for review. Zoning Administrator Meeting Minutes Thursday July 21, 2022 2 DocuSign Envelope ID: 1623BD37-D61D-4E52-B42B-BEFCEDAEEF91 Zoning Administrator Minutes Thursday July 21, 2022 5. Consider 532 Encina Avenue; Variance Application VA-22-0066 to Allow Fencing to Exceed 4-Foot Height Limit within the Front Yard Setback (Maximum 6-feet Proposed); Applicant/Property Owner Thomas Dowson; R-1-6 Zoning (Residential Single-Family) District; Low Density Residential General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 ACTION: Approved Variance application VA-22-0066 to allow fencing to exceed 4-foot height limit within the front yard setback (maximum 6-feet proposed) at 532 Encina Avenue Staff Presentation/Zoning Administrator Questions Zoning Administrator Roveri recused from the item due to owning property within 1,000 feet of the project site. Associate Planner Sabdo, filling in as Zoning Administrator, introduced the item and Associate Planner Buggert presented the Agenda Report. Zoning Administrator Sabdo asked whether nearby properties with similarly high fences due to this condition have variances. Mr. Buggert stated that one site around the corner does have a variance and added there is a six-foot fence on a nearby property’s side yard. Applicant Applicant Thomas Dowson was present to answer questions. Public Comments Neighbor Susan Allen said they own the house with a variance and encroachment permit at 516 Encina Avenue, and spoke in support of the proposal based on child safety and privacy. Zoning Administrator Comments Zoning Administrator Sabdo supported staff findings and explained the proposed variance meets the general variance findings, fence variance findings, and requirements outlined in Monterey’s City Code. Zoning Administrator Sabdo approved the proposal with an amended Finding #3: remove “and nearby property have similarly higher fences due to this condition” because Staff is not certain that this is true. ADJOURNMENT There being no further business, the meeting adjourned at 3:43 p.m. Respectfully Submitted, Zoning Administrator Zoning Administrator Meeting Minutes Thursday July 21, 2022 3

Agenda

Zoning Administrator Meeting Agenda Thursday, July 21, 2022 3:00 PM Council Chamber, 580 Pacific St. and Zoom Teleconference Monterey, California IMPORTANT NOTICE: Pursuant to California Government Code section 54953(e)(1)(A) and (C) and the Monterey City Council’s resolution authorizing virtual participation in public meetings given the COVID-19 pandemic, meetings of the Monterey City Council and its Boards, Commissions, and Committees are being conducted with a hybrid format providing both in-person and virtual (electronic and telephone) participation to promote social distancing and protect the health and safety of attendees. Details for Public Participation in this Meeting: BEFORE THIS MEETING, members of the public may submit comment(s) to planning@monterey.org until ½ hour before the start of the meeting. These messages are shared with the Zoning Administrator prior to the start of the meeting but are not read aloud. All comments become part of the record and are made available online at monterey.org/submitted-comments. DURING THIS MEETING, members of the public may attend and participate:  In-person (location listed above), with masks strongly encouraged for all, regardless of vaccination status, except those who are younger than two years old or have a medical condition that prevents wearing a mask.  Online via ZoomGov Webinar live (no time delay):  On a computer or smartphone: https://monterey-org.zoomgov.com/j/1606665889  Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, Calif.) or 646-828-7666 (New York, NY). If one number does not work, please try another.  Enter Webinar ID: 160 666 5889 #  If prompted to enter a participant ID, press #  To “raise your hand” dial *9. Once called upon, dial *6 to unmute.  Need more help or seeking guidance on making public comments? Read our ZoomGov Meeting Instructions. This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). CALL TO ORDER 1. Meeting Procedures CONSENT ITEMS Approval of Minutes 2. June 16, 2022 ***End of Consent Agenda*** PUBLIC COMMENTS PUBLIC COMMENTS. At this time, the public may speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey Zoning Administrator and which is not on the agenda. Any person or group desiring to bring an item to the attention of the Zoning Administrator may do so during Public Comments or by addressing a letter of explanation to the Zoning Administrator, City Hall, Monterey, CA 93940. PUBLIC HEARING PUBLIC HEARINGS are required by law for certain actions. You are welcome to offer your comments after being recognized by the Zoning Administrator. The Zoning Administrator may limit the time allocated to each speaker. Project representation is encouraged. 3. Consider 74 Via Descanso; Variance Application VA-22-0092 to Allow Rear Yard Setback Variance (20’ Required, 17.5’ Proposed) and 2nd-Story Side Yard Setback Variance (15’ Required, 7.5’ Proposed) to Enclose Existing Deck with Solarium; Applicant/Property Owner Yvonne and Jose Rafael Ramos; R- 1-20 Zoning (Residential Single-Family) District; Low Density Residential General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 4. Consider 1015 Cass Street; Use Permit Application UP-21-0081 to Allow Conversion of Existing Commercial Office Space to Six Residential Units; Applicant Glenn E. Warner; Property Owner Don Desai; CO-ES Zoning District (Office and Professional District with Emergency Shelter Overlay); Commercial General Plan Land Use Designation; Exempt from CEQA Requirements per Article 19, Section 15303, Class 3 5. Consider 532 Encina Avenue; Variance Application VA-22-0066 to Allow Fencing to Exceed 4-Foot Height Limit within the Front Yard Setback (Maximum 6-feet Proposed); Applicant/Property Owner Thomas Dowson; R-1- 6 Zoning (Residential Single-Family) District; Low Density Residential General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 ADJOURNMENT ADJOURNMENT— The general policy of the Zoning Administrator is that the meeting will end no later than 4:00 p.m. Any public agenda items that have not been completed within the designated adjournment time may be formally extended by the Administrator, or continued to the next regularly scheduled Zoning Administrator Meeting, or continued to a Special Meeting. The Zoning Administrator agenda may be reviewed by the public at the Planning Office, on the City Clerk’s bulletin board, or on the web at www.monterey.org beginning late Friday afternoon prior to the date of the meeting. Members of the public have the right to address the Zoning Administrator on any item on the Agenda. The Zoning Administrator will formally open the floor for public comment on items listed under “Public Hearings.” Information distributed to the Zoning Administrator at the meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided to the Administrator for this purpose. Zoning Administrator 7/21/2022 3:00:00 PM 2 Zoning Administrator decisions may be appealed within ten (10) days from the date of the decision on forms available in the Planning Division during business hours. When the tenth day falls on a weekend or a holiday, the appeal deadline date is the next working day following the holiday or weekend. An appeal fee will apply. For more agenda information, call the Planning Office at 831- 646-3885. CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: 831-646-3799 FAX: 831-646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646- 3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communication-related assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device. MORE INFORMATION IS AVAILABLE BY CALLING 646-3885 Zoning Administrator 7/21/2022 3:00:00 PM 3

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