Zoning Administrator Meeting

DocuSign Envelope ID: 568EBA2C-7815-44F5-A17C-5105416D00A6 MINUTES ZONING ADMINISTRATOR Thursday, March 02, 2023 3:00 PM COUNCIL CHAMBER AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Staff Members Present: Principal Planner Roveri serving as Zoning Administrator, Associate Planner Buggert, Recording Secretary Cota CALL TO ORDER Principal Planner Roveri, serving as Zoning Administrator, called the meeting to order at 3:00 p.m. and Recording Secretary Cota explained to the public how to participate and provide public comment live during the meeting. CONSENT ITEMS Approval of Minutes 2. February 16, 2023 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) ACTION: Approved as submitted ***End of Consent Agenda*** PUBLIC COMMENTS None. PUBLIC HEARING 3. Consider 398 Foam Street; Use Permit Application UP-22-0240 to Conditionally Allow a Commercial Recreation and Entertainment Use with a Principally Permitted Retail Sales Use; Applicant Myles Shields; Property Owner PHI McKee, L.P.; C-2 Zoning District (Community Commercial District); Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 ACTION: Approved the proposal as submitted with the following amendments to the Resolution to correct omissions and accurately reflect the proposed hours of operation:  In the third Whereas statement, change, “the proposed use” to, “the proposed Services – Major use” and change, “Retail Sales, use” to, “Retail Sales – Minor use”.  The sixth Whereas statement shall include a reference to Monterey City Code Chapter 38 Article 27, the appeal article.  Edit the Now, Therefore, paragraph to say, “Retail Sales – Minor use” after “principally permitted”.  Amend Special Condition One to assert that, “hours of operation shall be limited to 8 a.m. until 11 p.m. during weekdays. DocuSign Envelope ID: 568EBA2C-7815-44F5-A17C-5105416D00A6 Zoning Administrator Minutes Thursday March 02, 2023  Add a sentence at the end that says, “The gaming arcade commercial recreation and entertainment component shall be limited to between 4 p.m. and 11 p.m. on weekdays” to comply with the building’s quiet hours restriction.  Under Standard Condition three, specify that the applicant shall apply for any business license required.  Add to Standard Condition Four that, “The applicant proceeds at their own risk that water may not be available at the time they request building permits. No building permits will be issued if water is not available for this project.”  Correct Standard Condition five to say, “Zoning Administrator” instead of “Planning Commission”. Staff Presentation/Zoning Administrator Questions Associate Planner Buggert presented the Agenda Report and answered the Zoning Administrator’s questions. Zoning Administrator Roveri asked if the applicant would need a Building permit for the space or equipment. Mr. Buggert suggested there was no difference in existing versus proposed floor plans. Zoning Administrator Roveri requested clarification regarding the proposed closing time. Mr. Buggert said there was a revised proposal and recommended that the Resolution be edited to reflect the newly proposed time. Applicant Applicant Myles Shields alleged no Building permits are needed because there would be no major construction. Zoning Administrator Roveri asked if the applicant needed electrical permits for the equipment. Mr. Shields suggested the electrical components are standard and should not need additional permitting. Public Comments None. Zoning Administrator Comments Zoning Administrator Roveri agreed that the proposed use is consistent with Lighthouse Specific Plan objectives and that the proposed use would have no detrimental impacts on adjacent properties or the City. Zoning Administrator Roveri approved the proposal as submitted with the following amendments to the Resolution to correct omissions and accurately reflect the proposed hours of operation:  In the third Whereas statement, change, "the proposed use" to, "the proposed Services - Major use" and change, "Retail Sales, use" to, "Retail Sales - Minor use".  The sixth Whereas statement shall include a reference to Monterey City Code Chapter 38 Article 27, the appeal article. Zoning Administrator Meeting Minutes Thursday March 02, 2023 2 DocuSign Envelope ID: 568EBA2C-7815-44F5-A17C-5105416D00A6 Zoning Administrator Minutes Thursday March 02, 2023  Edit the Now, Therefore, paragraph to say, "Retail Sales - Minor use" after "principally permitted".  Amend Special Condition One to assert that, "hours of operation shall be limited to 8 a.m. until 11 p.m. during weekdays.  Add a sentence at the end that says, "The gaming arcade commercial recreation and entertainment component shall be limited to between 4 p.m. and 11 p.m. on weekdays" to comply with the building's quiet hours restriction.  Under Standard Condition three, specify that the applicant shall apply for any business license required.  Add to Standard Condition Four that, "The applicant proceeds at their own risk that water may not be available at the time they request building permits. No building permits will be issued if water is not available for this project."  Correct Standard Condition five to say, "Zoning Administrator" instead of "Planning Commission". ADJOURNMENT There being no further business, the meeting adjourned at 3:18 p.m. Respectfully Submitted, Zoning Administrator Zoning Administrator Meeting Minutes Thursday March 02, 2023 3