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Zoning Administrator Meeting

Regular Meeting

Monterey, CA · October 5, 2023

AgendaMinutesPacket

Minutes

M I N U T E S ZONING ADMINISTRATOR CITY OF MONTEREY Thursday, October 05, 2023 3:00 PM COUNCIL CHAMBER AND ZOOMGOV TELECONFERENCE MONTEREY, CALIFORNIA Staff Members Present: Planning Manager Hill, Senior Associate Planner Sabdo, Associate Planner Buggert, Recording Secretary Cleary, Administrative Assistant Arganbright CALL TO ORDER Senior Associate Planner Sabdo, serving as Zoning Administrator, called the meeting to order at 3:20 p.m. and Recording Secretary Cleary announced Staff members present, and Administrative Assistant Arganbright explained to the public how to participate in the meeting virtually. CONSENT ITEMS No comments were made regarding the Consent Agenda. Approval of Minutes 2. September 07, 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 (MATTERS NOT ON THE AGENDA) No Public Comments on non-agenized matters were received. PUBLIC HEARING 3. Consider 443 Lighthouse Avenue; Use Permit Application UP-23-0179 to Allow an Assembly-Major Use (Small Group Assembly); Applicant Linh Khuu; Property Owner Karin Wissmeier; PC-LH Zoning District (Planned Community Lighthouse District); Commercial General Plan Designation; (Exempt from CEQA Requirements per Article 19, Section 15301, Class 1) Zoning Administrator Minutes Thursday October 05, 2023 ACTION: Continued to a Date Uncertain Pending Acoustical Noise Study and Submittal of Operation Plan Staff Presentation/Zoning Administrator Questions Associate Planner Buggert presented the Agenda Report and answered Zoning Administrator Sabdo hours of operation. Applicant Applicant Linh Khuu explained their operating intentions in further detail, elaborating on class schedules and sound levels produced by classes and events. Public Comments Public comment was received from Rob Treichler invalid and shared concerns regarding noise and alcohol; Rick Hartmann requested a definition of amplified sound and shared concerns for late-night gatherings and potential for live music and alcohol use onsite; Robin Voss, who expressed support of the proposed use in that it would introduce a new business to the area; Tom Keegan, who questioned enforcement, noise monitoring, and noise from parking; and Glenn Reis, who recommended the business close earlier than proposed and spoke of property value and children housed nearby. Zoning Administrator Comments Zoning Administrator Sabdo read the definition for amplified music or sound and asked if the applicant was willing to conduct a noise study prepared by a professional acoustic engineer, explaining that the City would need to confirm noise levels do not exceed the allowed maximum. The applicant verbally agreed to the Noise Impact Study. Zoning Administrator Sabdo then moved to continue the item to a date uncertain at such time that the Applicant submits a Noise Impact Study from an Acoustical Engineer or other qualified individual; and Staff has had an opportunity to amend the Conditions of Approval to include any recommendations from the noise study that would be required to effectively bring down the noise levels to meet the maximum allowed noise levels of 65 decibels in the Commercial District and 60 decibels in the Residential district, and in addition to the submittal of an operation plan for the proposed dance events. ADJOURNMENT There being no further business, the meeting adjourned at 3:52 p.m. Respectfully Submitted, Zoning Administrator Zoning Administrator Meeting Minutes Thursday October 05, 2023 2

Agenda

Zoning Administrator Agenda Zoning Administrator Meeting Thursday, October 5, 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 CONSENT ITEMS allow for a review of those items recommended for approval on consent or recommended to be continued, tabled or withdrawn, etc. Consent items consist of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Commissioner may request that an item recommended for approval on consent be heard on the regular agenda for further discussion. If an item is pulled from the Consent Agenda for discussion, the Chair will request that persons wishing to speak on topics that are not on the agenda line up at the podium or use the “raise hand” function in Zoom, to determine the number of persons interested in speaking. The amount of time for public comment will be determined based on the number of persons interested in speaking. The maximum time allotted for public comment is 15 minutes. In exceptional circumstances and when necessary to ensure full opportunity for public input, the board chair may, with board consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. Approval of Minutes 2. September 07, 2023 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) ***End of Consent Agenda*** PUBLIC COMMENTS (MATTERS NOT ON THE AGENDA) 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 Planning Commission and which is not on the agenda. The Chair will request that persons wishing to speak on topics that are not on the agenda line up at the podium or use the “raise hand” function in Zoom, to determine the number of persons interested in speaking. The amount of time for public comment will be determined based on the number of persons interested in speaking. The maximum time allotted for public comment is 15 minutes. In exceptional circumstances and when necessary to ensure full opportunity for public input, the board chair may, with board consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. Any person or group desiring to bring an item to the attention of the Commission may do so during Public Comments or by addressing a letter of explanation to the Commission, City Hall, Monterey, CA 93940. Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. 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. The Chair will request that persons wishing to speak line up at the podium or use the “raise hand” function in Zoom, to determine the number of persons interested in speaking on Public Appearance items. The amount of time for public comment on each Public Appearance item will be determined based on the number of persons interested in speaking. The maximum time allotted for public comment for each item is 15 minutes. In exceptional circumstances and when necessary to ensure full opportunity for public input, the board chair may, with board consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. 3. Consider 443 Lighthouse Avenue; Use Permit Application UP-23-0179 to Allow an Assembly-Major Use (Small Group Assembly); Applicant Linh Khuu; Property Owner Karin Wissmeier; PC-LH Zoning District (Planned Community – Lighthouse District); Commercial 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 10/5/2023 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 10/5/2023 3:00:00 PM 3

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