Good afternoon.

I hereby called the October second, twenty twenty-five zoning administrator meeting to order.

My name is Levi Hill.

I'll be serving as zoning administrator for today's meeting.

Also in attendance today is Principal Planner Riveri and recording Secretary Barrera.

Miss Barera, will you please remind the public how they can participate in today's meeting?

Sure.

Information on participating in this meeting and providing public comment, including remotely by Zoom or telephone, is on this meeting's agenda, which is online at Monterey.gov forward slash agendas.

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If there are any members of the public wishing to speak on items that are not on today's agenda, please approach the podium or participating online, use the raise hand function.

Seeing none in the chambers, we will move on.

My name is Fernanda Riveri, and I will be presenting to you our first item, a public hearing item.

Staff's recommendation is that the zoning administrator adopt a resolution approving the use permit application.

This is the site 500 and 528 Foam Street.

Meaning that it's governed by the Lighthouse Pacific Plan in terms in terms of its land uses and development standards.

The two lots, one of them, the one that's unlabeled at the corner, that's 500 foam.

So the two lots are owned by the Monterey Bay Aquarium, and they're also operated by them.

There are existing commercial buildings and the parking lot.

The two commercial buildings, one of them at 528 foam faces foam street.

The other one is a storage unit at the back.

There are residences and apartments and hotels and other businesses nearby.

The aquarium acquired this property a few years back, and they applied for a use permit in 2022 to allow the parking lot to be used as a vehicle and vessel parking and storage lot.

And the ZA approved this in September of 2022.

So it's currently being used as a boat storage yard and parking lot.

And they included things like fencing all around the property and landscaping and parking lot improvement.

So the project the proposal before you today is a use permit for animal services.

So as you saw, um, there's an existing building here facing foam street.

That building is proposed to be to house the animal services use.

And it would be to um keep birds as part of Monterey Bay operations, Monterey Bay Aquarium operations.

They would keep birds here that are in need of veterinary services.

Um rehabilitate them and feed them in this nutrition room.

And then once they are healthy, they would uh move them out of here.

Um would only take up part of that building that I that I'm pointing to here.

It would only take up this top left corner of the building.

That part of the building would not have any windows.

So you know, there shouldn't be any concerns about noise from the birds.

Um there would only be one entrance to that part of the building through this door that faces away from foam streets, faces toward the back of the lot.

And so this use is proposed to operate concurrently with the vehicle vessel parking storage use.

And in addition, the aquarium is also proposing to use this building for mailing services and other administrative office uses, which are principally permitted in the Lighthouse Pacific plan.

Importantly, these uses would not be open to the public.

So they would be only for Monterey Bay Aquarium staff and up and their operations.

The site again is fenced currently and will stay fenced.

There's also security cameras and alarms.

For accessibility, and um to capture um any um stormwater that is um that includes uh things like that shouldn't go into the the storm drain.

So there's gonna be a capture system that would be put on site.

And uh findings for approval.

The zoning administrator must make three findings in order to approve this use permit.

The first one is that the proposed use is in accord with the objectives of this chapter and the purposes of the zone.

And uh it's consistent with the lighthouse specific plan in that this plan allows commercial mixed use or residential uses on foam street, and the proposal is for a commercial use of the building.

The animal services use is allowed in this foam street character area with a use permit, and that's what the applicant has applied for.

And the um uh again, as I mentioned earlier, the aviary staging staging rooms would not have any windows.

So it's not something that you would see from the street or that you really would know that it's happening.

The second finding is that the proposed use and the proposed conditions under which it would be operated or maintained will be consistent with the general plan, will not be detrimental to the public health, safety or welfare of persons residing or working in the immediate vicinity, will not be detrimental to properties or improvements as well.

Um, so this project is consistent with these um these findings in that as I mentioned, the site is fenced and monitored.

Um the rooms where the birds would be kept would not have any windows.

Um they they wouldn't be outside, um, only when they were brought in.

Um they would be kept in those rooms.

Um no other animals would be kept here, just birds.

Um, but again, the primary use of that building will be administrative services.

As you saw, the um aviary staging rooms are a very small portion of the building.

Um and also this project is consistent with the City of Monterey General Plan Economic Element, in that it would support a an institutional use that is important to our city.

Um that's been established here for many years.

The third finding is that the proposed use will comply with any specific condition, and it would comply with any specific condition as um listed in the resolution.

So with that, staff recommends approval of this use permit.

Um here for questions, and the applicant is also here.

Thank you.

Um do have just a couple of questions or one question just for my just to make sure I'm understanding there are some side improvements, it sounds like to as uh for stormwater, but not any new floor area.

Is that correct?

To the building.

Right.

So yeah, the improvements um are limited to ADA improvements to for access to the building, um, parking lot and uh repaving and uh stormwater and sewer infrastructure improvements underneath the parking lot, but the buildings would not increase their footprint or height.

Thank you.

Um and then you noted uh that the I think that's all the questions that I have.

Um the applicants present, would they like to speak or make a presentation?

Okay, I think I do have a couple of questions um if you want to approach the podium.

You can just state your name for the record if you're sure.

Uh Arthur Ashbach on our Bay Aquarium.

Um so it's my understanding is uh Ms.

Riveri stated that the proposed animal service use specifically limited to aviary services.

Is that that's correct?

Correct.

Um in your experience, are there typically ambient noise anticipated with this type of use that's audible from outside the building and noise or odors in your experience?

So um with the type of birds that we'd be bringing in, the um described uh sounds that they produce or peeps.

Uh these are small shore birds, you know.

About that tall.

So they're not expected to be loud, you know, squawks or anything like that.

Okay.

And then same thing with odors.

You don't anticipate any noticeable odors as a result of this type of use.

And no, and uh it would be contained to within the building.

Uh, and we do have the you know, sanitary facilities built in for that as well.

Okay.

Um, and then just one other question.

Uh staffing, uh, is it staffed every day?

And and is that around the clock staffing or just partial?

So um for the aviary specific, that would be um uh daily while there are birds, but that would be uh limited to one uh or possibly two staff at a time.

Okay.

Uh otherwise not um constantly staffed.

Not around the clock necessarily, but in the rest of the building that is uh, you know, the mail services, we would have um a little bit more of a regular use there.

Okay.

Thank you.

I think that's all I have now.

Thanks.

Um, I'll now open the meeting up for public comment on this item.

Um if there's anyone in the chambers who'd like to speak on this item or make a public comment, please uh approach the podium, do so.

Please state your name for the record if sure.

Maria CNC.

Um, I submitted some questions um and everything sounded um um fine to me.

I live in the neighborhood.

Um, but I do have one question about the um outside of the building that faces foam, what it will look out, uh, what it will look like, what the look and feel will be like.

Um, it seems like even though uh this building may have a utilitarian look, that um um something that is attractive and um much better looking than the um uh current sort of rundown condition.

Could um help the neighborhood um be a point of pride for Monterey and the aquarium.

And so I'm wondering um if there are any specifics about what the outside of the building on foam street will look like.

Thank you for your comment.

Is there anyone else in the chambers who'd like to speak on this item?

Please approach the podium.

Please state your name for the record.

My name's Michael Hansel.

And can you pull up the picture of the footprint of the building?

I was just trying to look at the print and see what was the front and back.

And where were the it seemed like you know it's that one where you have the architectural layout of the there it is, backup fund?

There you go.

Where's the front of that building?

The front is not pictured here.

This is the back.

So um the aviary staging at this corner.

Right.

Is this so it'll be entered in the back door there?

Is that where they're gonna come in?

A truck's gonna pull up and let the birds be carried into the aviary.

This is the door.

So yes, it would be accessed from the back, not the front.

Oh no, I was just asking it.

So they're gonna enter in the back, right?

Sir, please, please direct your public, it's public comment, not question uh period.

So yeah, three minutes for public comment.

That was what I was concerned about how they're entering.

Okay.

Thank you.

Thank you for your comment.

Are there any other people in the audience who would like to comment on this item?

Anybody online?

Maybe you can remind the public how they can participate.

Sure.

Once again, information on participant participating in this meeting and providing public comment, including remotely by Zoom or telephone is on this meeting's agenda, which is online at monoray.gov forward slash agendas.

If you are joining by telephone, dial star nine to raise your hand and star six to unmute.

I see no hands raised.

Thank you.

With that, I'll close the public hearing on this item.

Um I have read the staff report, uh, reviewed the draft resolution, and I did see the public comments that were submitted in writing before this meeting and have heard the comments today.

Uh generally, um, I agree with the staff recommendation.

Um, however, I would like to add uh some additional conditions of approval before taking action on this item.

So I will read those uh conditions of approval into the record at this point.

So please just bear with me during this time.

Um first condition that the allowed animal services use on site be limited to only ABR services and shall not be expanded to other animal services without approval from the zoning administrator by amendment of the use permit.

Second condition, no use or activity shall create ambient noise levels that exceed 60 decibels as measured from the property line of the project site.

Ambient noise levels shall not exceed 55 decibels between the hours of 10 p.m.

and 7 a.m.

Third condition, no use process or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the property lines of the site.

And the fourth and last uh rev revocation of permit condition if at any time the city of Monterey determines that there are reasonable grounds to conclude that a violation of the conditions of approval has occurred, use permit shall be scheduled for revocation in accordance with the procedures established in the zoning ordinance section 38-221.

And with that, I find that as conditioned, the proposal is consistent with the objectives of the zoning ordinance and the purposes of the zone.

The White House specific plan requires that new animal services major uses are allowed with approval of conditional use permit.

Conditions of approval have been incorporated to ensure nearby properties are not negatively impacted.

Second, as condition, the proposal is consistent with the general plan and is compatible with surrounding development.

The general plan land use designation for the site is mixed use mixed use neighborhood.

And the project proposes animal services and professional offices in support of the Monterey Bay Aquarium.

Conditions of approval have been incorporated, ensuring that the proposed use will not be detrimental to the public health, safety or welfare of persons residing or working in the adjacent uh neighborhood of such use and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the city.

And lastly, the proposed use will be required to comply with all conditions imposed on the project.

I hereby approve use permit application UP 25-0195 with the conditions of approval as reflected in the draft resolution and as read into the record today.

Decisions of the zoning administrator are appealable to the planning commission within 10 days of this meeting.

Applications for appeal can be found online or in the planning office.

Thank you.

Congratulations.

We'll move on to our next item.

Item number four.

Exempt from CEQA requirements per Article 19, Section 15301, Class 1.

Ms.

Riveri, do we have a staff report?

Yes.

All right.

Um 528, 556 Wave Street, also known as 550 Wave Street.

I'll explain that in a little bit.

But yes, this is a use permit application for mixed use.

Staff's recommendation is that the zoning administrator adopt a resolution approving the use permit.

This slide shows the site plan or a photo of the subject's sites.

They are zoned C2 C B3.

C2 means it's uh neighborhood commercial district, and C B means uh cannabis business overlay.

The site, the building in question uh crosses property line.

So there's a lot um labeled as 556 Wave Street, and then the other one is labeled 550.

However, when you look into the county records, it's also labeled as 528 Wave Street.

So there's three different numbers here, but the important part to know is that the building, the live work unit would only be housed within the second floor of this building here.

So these are two existing two-story commercial buildings.

They both front Wave Street and the Recreation Trail.

And there are existing commercial uses in both of those buildings, and they include commercial office, um, professional offices such as um architecture engineering services, and then on the ground floor facing the rec the recreation trail is the Wave Street Cafe, which is a restaurant.

The project is to allow the conversion of an existing office space on the second floor of that building that I showed you to a residential live work unit.

This would mean uh that there would be a mixed use in this building, meaning there would be residential as well as commercial uses in that building.

So again, the proposal is for one live work unit.

It's the applicant called it live work because he intends to live there as well as work there.

The unit would have one permanently assigned parking space on the parking lot immediately south of the building, and one storage space for the unit as required by the zoning ordinance.

This is a site plan of the 528 and 556 Wave Street lots.

Again, this shows the property line going through the building.

However, it would only be an interior remodel.

There wouldn't be any additional floor area.

And so this shows the footprint of the live work unit.

It would be 1060 square feet.

And currently it's suites four and five of the building, but they would be now converted into one unit.

The parking space that is assigned to the unit would be located at the bottom right corner here.

This is the proposed floor plan for the live work unit.

So it has multiple entrances because it used to be it would it is currently two suites, but it would be now one single unit.

The applicant has identified his office space up here, 300 square feet, and the residence would be the remaining 760 square feet for a total of 1,060.

The applicant intends to remodel the interior by adding flooring, um, kitchen, dining, living spaces, and other fixtures as necessary for restrooms and showering.

This is the view of the building from the recreation trail.

I'm pointing to the live work unit, so it would be facing the recreation trail on the second floor.

At the bottom is the Wave Street Cafe.

In order to approve use permits, the zoning administrator must make three findings.

The first one is that the proposed uses in accord with the objectives of the chapter and purposes of the zone.

In this area, mixed use is permitted by use permit.

And the application includes the required parking storage requirements in the zoning ordinance and meets all development standards.

And this zone is a mixed-use neighborhood zone land use designation in the general plan.

So the proposal meets that designation.

The second finding is that the proposed use and the proposed conditions under which it would be operated or maintained will be consistent with the general plan, will not be detrimental to public health, safety or welfare, will not be detrimental to properties or improvements in the vicinity or the general welfare of the city.

And as mentioned, the proposal is consistent with the mixed-use neighborhood land use designation.

It would be an interior remodel only, no addition of floor area or height.

There is one permanent parking space that would be provided to the live work unit in the parking lot in the adjacent parking lot.

There really wouldn't be any intensification of use.

One important thing to note is that the proposed use would have a lower parking requirement.

Um a 1,060 square foot professional office requires four parking spaces.

But now that the applicant is proposing to convert 760 square feet of that into the residential apartment, and only 300 square feet would be a professional office, that would reduce the parking requirement to two spaces.

So the parking requirement is reduced by half.

With that, staff recommends that the zoning administrator approve the use permit.

I'm available for questions, and the applicant is here.

Thank you, Miss Revay.

I don't believe I have any questions at this time for staff.

Is the applicant present and would they like to speak?

Come on up.

Um my name is Robert Yates, the applicant.

I just wanted to say what a like a pleasure it was to deal with the planning staff.

I called uh Mr.

Schmidt, I think, and just asked questions about the process, and it was just very um he was very gracious and very open with his time, and it just helped make the process very smooth.

And of course, Ms.

Rivari was very helpful.

So it was a very positive experience.

So thank you.

Thank you for that feedback.

Just one clarifying question.

Um I know it's for live work units, just the proposed work portion of that is just for home office as described in the report.

Right, professional office, structural engineering.

Got it.

Yes.

Thank you.

Thank you.

All right.

Uh with that, uh, we'll open the meeting up for public comment on this item.

Uh, is there anyone in the audience who would like to speak on this item?

One hi, Jeff Javi.

I am the uh uh representative of the owner of the building.

I just wanted to let you know in case you weren't aware, I'm not sure if you're aware.

The building currently has on that level, um three vacancies, including this space.

So uh unfortunately, uh medical user from uh been there a long time moved out and vacated.

So this is a very uh helpful use of the building.

We have three suites right across in the building adjacent that are available for rent to other commercial operators, or similar things that could happen.

So we've taken something that's been difficult to rent, and if this is approved, it'll be rented.

So we appreciate that uh in light of our other vacancy.

So just want to make that comment and thank you.

That's helpful.

Thank you.

Anyone else in the chambers who'd like to speak?

Seeing none, Ms.

Barrera, anybody online?

There are no attendees online.

Thank you.

With that, we'll close the public hearing.

Uh, have read the staff report and reviewed the draft resolution, heard from the applicant and taken public comment.

And with that, I agree with staff's recommendation.

I find that the proposal is consistent with the objectives of the zoning ordinance and purposes of the zone.

Mixed use is allowed uh with the approval of a use permit, and the proposal meets all the applicable development standards, including parking and storage.

The proposal is consistent with the general plan and is compatible with the surrounding development.

General plan land use element supports mixed use neighborhood model, which supports neighborhoods with mixed residential and commercial uses.

The proposed use and the proposed conditions under which it will be operated and maintained, will be consistent with the general plan, will not be detrimental to the public health safety or welfare of persons residing or working in or adjacent to the neighborhood, and will not be detrimental to properties or improvements in the vicinity or in the general welfare of the city.

And lastly, the proposed use will be required to comply with all conditions of approval imposed on the project.

With that, I hereby approve use permit application UP 250197 with the conditions of approval as reflected in the draft resolution.

Decisions of the zoning administrator are appealable to the planning commission within 10 days of this meeting.

Applications for appeal can be found online or in the planning office.

Congratulations.

With there being no further business, this meeting is adjourned.

Thank you.