Zoning Administrator Meeting
Regular MeetingMonterey, CA · July 20, 2023
Minutes
DocuSign Envelope ID: 923C45CB-FC67-466D-ABCF-CD7C38717254
MINUTES
ZONING ADMINISTRATOR
CITY OF MONTEREY
Thursday, July 20, 2023
3:00 PM
COUNCIL CHAMBER AND
ZOOMGOV TELECONFERENCE
MONTEREY, CALIFORNIA
Staff Members Present: Planning Manager Hill, Principal Planner Roveri serving as
Zoning Administrator, Associate Planner Buggert, Recording
Secretary Barrera
CALL TO ORDER
Principal Planner Roveri, serving as Zoning Administrator, called the meeting to order at 3:02
p.m. and Recording Secretary Barrera explained to the public how to participate and provide
public comment live during the meeting.
CONSENT ITEMS
Approval of Minutes
2. June 15, 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 459 Alvarado Street; Use Permit Application UP-23-0119 to Allow an Assembly,
Major (Small Group Assembly; Arcade) Use with a Principally Permitted Restaurant
Minor, Minor Use (Type 40 Alcohol Beverage Control License for Beer Sales) and Retail
Sales, Minor; Applicant Megan and Shawn Livernoche; Property Owner Saucito Land
Company; PC-D Zoning District (Planned Community – Downtown District); Commercial
General Plan Designation; (Exempt from CEQA Requirements per Article 19, Section
15301, Class 1)
ACTION: Approved Use Permit application UP-23-0119 to allow an Assembly, Major
(Small Group Assembly; Arcade) Use with a principally permitted Restaurant
Minor, Minor Use (Type 40 Alcohol Beverage Control license for beer sales)
and Retail Sales, Minor Use at 459 Alvarado Street, with the following
amendments to the submitted Resolution:
Amend Special Condition One to read, “Hours of operation shall be
limited to 12:00 p.m. to 10:00 p.m. Sunday through Thursday, and
12:00 p.m. to 11:00 p.m. Friday through Saturday. An expansion of
hours shall require a Use Permit Amendment”.
DocuSign Envelope ID: 923C45CB-FC67-466D-ABCF-CD7C38717254
Zoning Administrator Minutes Thursday July 20, 2023
Correct Standard Condition Five to say, “Zoning Administrator”
instead of “Planning Commission”.
Staff Presentation/Zoning Administrator Questions
Associate Planner Buggert presented the Agenda Report on behalf of Senior Associate Planner
Schmidt and answered Zoning Administrator Roveri’s questions regarding food service and
operating hours.
Applicant
Shawn and Megan Livernoche, owners and applicants, confirmed snacks would be served and
clarified their proposed hours of operation.
Public Comments
None.
Zoning Administrator Comments
Zoning Administrator Roveri agreed with Staff’s recommendation and Approved Use Permit
application UP-23-0119 to allow an Assembly, Major (Small Group Assembly; Arcade) Use with
a principally permitted Restaurant Minor, Minor Use (Type 40 Alcohol Beverage Control license
for beer sales) and Retail Sales, Minor Use at 459 Alvarado Street, with the following
amendments to the submitted Resolution:
Amend Special Condition One to read, “Hours of operation shall be limited
to 12:00 p.m. to 10:00 p.m. Sunday through Thursday, and 12:00 p.m. to
11:00 p.m. Friday through Saturday. An expansion of hours shall require a
Use Permit Amendment”.
Correct Standard Condition Five to say, “Zoning Administrator” instead of
“Planning Commission”.
4. Consider 470 Wave Street; Use Permit Application UP-22-0048 for Expansion of an
Existing Residential Use; Applicant Chad Brown; Owner Erin Lawler; C-2 Zoning District;
Commercial General Plan Designation; Exempt from CEQA per Article 19, Section 15301,
Class 1
ACTION: Approved Use Permit application UP-22-0048 for expansion of an existing
Residential Use at 470 Wave Street, with the following amendments to the
submitted Resolution:
Relabel “Attachment 2” as “Exhibit B” and “Attachment 3” as
“Exhibit C”.
Under Exception F of the fifth “Whereas” statement, reference
“Exhibit B” in parentheses after “Margaret E. Clovis” and “Exhibit C”
in parentheses after “Achasta Archaeological Services”.
Correct the last sentence in the fifth “Whereas” statement to say,
“Following review of the site, no evidence was yielded that significant
archaeological resources may be impacted by the proposed project,
and standard language related to inadvertent discoveries are added
Zoning Administrator Meeting Minutes
Thursday June 20, 2023
2
DocuSign Envelope ID: 923C45CB-FC67-466D-ABCF-CD7C38717254
Zoning Administrator Minutes Thursday July 20, 2023
to the project conditions that would avoid any impacts to
archaeological resources.”
In the “Now, therefore” paragraph, cite Exhibits B and C after the
reference to Exhibit A.
Specify under Standard Condition One that, “the applicant shall apply
for any Architectural Review, building and/or water permits required
for the proposed use, as necessary”.
Staff Presentation/Zoning Administrator Questions
Associate Planner Buggert presented the Agenda Report and answered Zoning Administrator
Roveri’s questions regarding the project and Resolution review process.
Applicant
Applicant Cindi Scarlett made herself available for questions.
Public Comments
None.
Zoning Administrator Comments
Zoning Administrator Roveri agreed with staff recommendation and approved the use permit
with Approved Use Permit application UP-22-0048 for expansion of an existing Residential Use
at 470 Wave Street, with the following amendments to the submitted Resolution:
Relabel “Attachment 2” as “Exhibit B” and “Attachment 3” as “Exhibit C”.
Under Exception F of the fifth “Whereas” statement, reference “Exhibit B”
in parentheses after “Margaret E. Clovis” and “Exhibit C” in parentheses
after “Achasta Archaeological Services”.
Correct the last sentence in the fifth “Whereas” statement to say,
“Following review of the site, no evidence was yielded that significant
archaeological resources may be impacted by the proposed project, and
standard language related to inadvertent discoveries are added to the
project conditions that would avoid any impacts to archaeological
resources.”
In the “Now, therefore” paragraph, cite Exhibits B and C after the reference
to Exhibit A.
Specify under Standard Condition One that, “the applicant shall apply for
any Architectural Review, building and/or water permits required for the
proposed use, as necessary”.
5. Consider 11 Toda Vista; Use Permit Application UP-21-0099 for a Retaining Wall Over 6
Feet in Height (9.5 feet Proposed, 13 Feet with Guardrail) within the Required Rear and
Side Yard Setbacks Due to Previous Landslide; Applicant Jack C. Camp, PE, Central
Coast Civil and Structural Engineering Inc.; Owner Nancy Howe; Residential Single-
Family (R-1-10) Zoning District; Low Density Residential General Plan Land Use
Designation; Exempt from CEQA per Article 19, Section 15303, Class 3
Zoning Administrator Meeting Minutes
Thursday June 20, 2023
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DocuSign Envelope ID: 923C45CB-FC67-466D-ABCF-CD7C38717254
Zoning Administrator Minutes Thursday July 20, 2023
ACTION: Approved Use Permit application UP-21-0099 for a retaining wall over 6 feet in
height (9.5 feet proposed, 13 feet with guardrail) within the required rear and
side yard setbacks due to previous landslide at 11 Toda Vista, with the
following amendments to the submitted Resolution:
Correct the application number from “VA-21-0099” to “UP-21-0099”.
Replace, “on June 3, 2021, February 2, 2023, and April 14, 2023” with,
“and attached hereto as exhibits A, B, and C, except as conditioned
herein” in standard Condition Three.
Reference the “Zoning Administrator” in Standard Condition Four
instead of the “Architectural Review Committee”.
In Standard Condition Six-e, correct “tenth day” to “eleventh day”.
Staff Presentation/Zoning Administrator Questions
Associate Planner Buggert presented the Agenda Report on behalf of Senior Associate Planner
Schmidt and answered Zoning Administrator Roveri’s questions.
Applicant
None.
Public Comments
None.
Zoning Administrator Comments
Zoning Administrator Roveri agreed with Staff’s recommendation and Approved Use Permit
application UP-21-0099 for a retaining wall over 6 feet in height (9.5 feet proposed, 13 feet with
guardrail) within the required rear and side yard setbacks due to previous landslide at 11 Toda
Vista, with the following amendments to the submitted Resolution:
Correct the application number from “VA-21-0099” to “UP-21-0099”.
Replace, “on June 3, 2021, February 2, 2023, and April 14, 2023” with,
“and attached hereto as exhibits A, B, and C, except as conditioned herein”
in standard Condition Three.
Reference the “Zoning Administrator” in Standard Condition Four instead
of the “Architectural Review Committee”.
In Standard Condition Six-e, correct “tenth day” to “eleventh day”.
ADJOURNMENT
There being no further business, the meeting adjourned at 3:45 p.m.
Respectfully Submitted,
Zoning Administrator
Zoning Administrator Meeting Minutes
Thursday June 20, 2023
4
Agenda
Zoning Administrator
Agenda
Zoning Administrator Meeting
Thursday, July 20, 2023
Council Chamber, 580 Pacific 3:00 PM
St., Monterey, California and
ZoomGov Teleconference
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. June 15, 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 459 Alvarado Street; Use Permit Application UP-23-0119 to Allow an
Assembly, Major (Small Group Assembly; Arcade) Use with a Principally
Permitted Restaurant Minor, Minor Use (Type 40 Alcohol Beverage Control
License for Beer Sales) and Retail Sales, Minor; Applicant Megan and Shawn
Livernoche; Property Owner Saucito Land Company; PC-D Zoning District
(Planned Community – Downtown District); Commercial General Plan
Designation; (Exempt from CEQA Requirements per Article 19, Section 15301,
Class 1)
4. Consider 470 Wave Street; Use Permit Application UP-22-0048 for Expansion
of an Existing Residential Use; Applicant Chad Brown; Owner Erin Lawler; C-
2 Zoning District; Commercial General Plan Designation; Exempt from CEQA
per Article 19, Section 15301, Class 1
5. Consider 11 Toda Vista; Use Permit Application UP-21-0099 for a Retaining
Wall Over 6 Feet in Height (9.5 feet Proposed, 13 Feet with Guardrail) within
the Required Rear and Side Yard Setbacks Due to Previous Landslide;
Applicant Jack C. Camp, PE, Central Coast Civil and Structural Engineering
Inc.; Owner Nancy Howe; Residential Single-Family (R-1-10) Zoning District;
Low Density Residential 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
Zoning Administrator
7/20/2023 3:00:00 PM
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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
7/20/2023 3:00:00 PM
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