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Zoning Administrator Meeting

Regular Meeting

Monterey, CA · June 15, 2023

AgendaMinutesPacket

Minutes

DocuSign Envelope ID: 472E176B-321E-4BAB-BC2C-97CD9E14D59B MINUTES ZONING ADMINISTRATOR Thursday, June 15, 2023 3:00 PM COUNCIL CHAMBER AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Staff Members Present: Principal Planner Roveri serving as Zoning Administrator, Senior Associate Planner Schmidt, Associate Planner Buggert, Recording Secretary Cleary 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. CONSENT ITEMS Approval of Minutes 2. May 18, 2023, Draft Minutes (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 857 Cass Street; Variance Application VA-23-0073 to Allow a Covered Parking Variance (3 Uncovered and 3 Covered Spaces Required; 10 Uncovered Spaces Proposed/Existing) for Conversion of Existing Commercial Office Building to 3 Residential Units and 1 ADU; Applicant Merritt Hawley, MAP Architect; Owner Hawley Charles B Trust et al; CO-ES Zoning District; Commercial Land Use Designation (Exempt from CEQA per Article 19, Section 15303, Class 3) ACTION: Approved Variance Application VA-23-0073 to Allow a Covered Parking Variance (3 Uncovered and 3 Covered Spaces Required; 10 Uncovered Spaces Proposed/Existing) for Conversion of Existing Commercial Office Building to 3 Residential Units and 1 ADU at 857 Cass Street with the following amendments to the Resolution:  Finding 1: correct to "The lot is trapezoidal in shape".  Finding 2: eliminate sentence about existing parking lot use. DocuSign Envelope ID: 472E176B-321E-4BAB-BC2C-97CD9E14D59B Zoning Administrator Minutes Thursday June 15, 2023  Standard Condition of Approval 1: correct to “plans received by the Planning Office on April 12, 2023, attached hereto as Exhibit B, except as conditioned herein”.  Standard Condition of Approval 4d: correct to “eleventh day”. Staff Presentation/Zoning Administrator Questions Senior Associate Planner Schmidt presented the Agenda Report and answered Zoning Administrator Roveri’s questions. Zoning Administrator Roveri asked clarifying questions regarding the proposal. Mr. Schmidt answered. Applicant Applicant Merritt Hawley made herself available to answer questions and thanked staff. Public Comments None. Zoning Administrator Comments Zoning Administrator Roveri confirmed she read the Staff Report, Resolution, and submitted public comments and agreed with Staff that the proposal was consistent with the General Plan and would not be detrimental to nearby properties. Zoning Administrator Roveri added that because of the site's shape and configuration of the property, it is a hardship to the property, and it makes sense to approve the Variance. Zoning Administrator Roveri approved the application with the following amendments to the Resolution: Finding 1: correct to "The lot is trapezoidal in shape". Finding 2: eliminate sentence about existing parking lot use. Standard Condition of Approval 1: correct to “plans received by the Planning Office on April 12, 2023, attached hereto as Exhibit B, except as conditioned herein”. Standard Condition of Approval 4d: correct to “eleventh day”. 4. Consider 380 Foam Street, Suite A; Use Permit Application UP-23-0077 for a Massage Establishment; Applicant Carey Ruiz; Owner Phi McKee LP; PC-LH Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15303, Class 3 ACTION: Approved Use Permit Application UP-23-0077 for a Massage Establishment at 380 Foam Street with the following amendments to the Resolution:  The fourth “whereas statement” shall read “City Code Section 38-205”.  The fifth “whereas statement” shall have a CEQA determination citation of “Section 15301, Class 1”. Staff Presentation/Zoning Administrator Questions Senior Associate Planner Schmidt presented the Agenda Report on behalf of Associate Planner Matthew Buggert and answered Zoning Administrator Roveri’s questions. Applicant Zoning Administrator Meeting Minutes Thursday June 15, 2023 2 DocuSign Envelope ID: 472E176B-321E-4BAB-BC2C-97CD9E14D59B Zoning Administrator Minutes Thursday June 15, 2023 Applicant Carey Ruiz shared a presentation and made herself available for questions. Zoning Administrator Roveri asked the applicant if the business is currently open. Ms. Ruiz said yes but they ceased administrating massages once they were notified a use permit was needed. Zoning Administrator Roveri asked if the massage therapists are licensed. Ms. Ruiz stated they are all licensed. Public Comments None. Zoning Administrator Comments Zoning Administrator Roveri stated the applicant has met all the Zoning Ordinance requirements to apply for a massage establishment and agreed with Staff’s recommendations. Zoning Administrator Roveri approved the application with the following amendments to the Resolution: The fourth “whereas statement” shall read “City Code Section 38-205”. The fifth “whereas statement” shall have a CEQA determination citation of “Section 15301, Class 1”. ADJOURNMENT There being no further business, the meeting adjourned at 3:23 p.m. Respectfully Submitted, Zoning Administrator Zoning Administrator Meeting Minutes Thursday June 15, 2023 3

Agenda

Zoning Administrator Agenda Zoning Administrator Meeting Thursday, June 15, 2023 ZoomGov Teleconference and 3:00 PM Council Chamber, 580 Pacific St., Monterey, California How to participate in this meeting:  Written comment: Members of the public may submit comment(s) to planning@monterey.org until ½ hour before the start of the meeting. These messages are not read aloud during the meeting but are made available to the meeting body and public at https://monterey.org/submitted-comments. All comments received become part of the record.  In-Person: Please see the meeting location listed above. Wearing a mask is recommended and encouraged.  Remote via ZoomGov Webinar: o Join on a computer or smartphone: https://monterey-org.zoomgov.com/j/1606665889 An up-to-date version of the Zoom software must be used. o Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, CA) or 646-828-7666 (NY). If one number doesn’t 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 o Need help using or updating Zoom? Read our Zoom Meeting Instructions (PDF)  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. May 18, 2023 Draft Minutes (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) ***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 857 Cass Street; Variance Application VA-23-0073 to Allow a Covered Parking Variance (3 Uncovered and 3 Covered Spaces Required; 10 Uncovered Spaces Proposed/Existing) for Conversion of Existing Commercial Office Building to 3 Residential Units and 1 ADU; Applicant Merritt Hawley, MAP Architect; Owner Hawley Charles B Trust et al; CO-ES Zoning District; Commercial Land Use Designation (Exempt from CEQA per Article 19, Section 15303, Class 3) 4. Consider 380 Foam Street, Suite A; Use Permit Application UP-23-0077 for a Massage Establishment; Applicant Carey Ruiz; Owner Phi McKee LP; PC-LH Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15303, Class 3 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 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 6/15/2023 3:00:00 PM 2

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