Monterey zoning administrator approves nighttime construction hours for Apple store at Delmani Center

Zoning Administrator Levi Hill approved a temporary variance Dec. 18 permitting extended overnight construction at 240 Delmani Center, the Apple store tenant, setting the approved work window Monday through Sunday from 9:00 p.m. to 6:00 a.m. from Jan. 26 to April 26, 2026.

The approval follows a staff report from Senior Associate Planner Matthew Buggert, who said the site is a unit in the Delmani Center shopping complex zoned C-2-SC and that daytime construction could disrupt adjacent businesses. Buggert cited Monterey City Code section 38-112.2, which allows the zoning administrator to grant limited exceptions to city construction hours when compliance would be impractical and unique site factors justify a variance. Staff recommended approval with conditions, including that staging and material transport occur on the southern side of the center and that a construction manager provide a contact number available during all construction hours to respond to complaints.

Eric Chang, the applicant and owner of AAT Delmmani LLC, identified himself for the record and said he had no questions and was available to answer follow-ups. Staff reported that public noticing produced one written comment (the same individual by phone and email) expressing concern about transportation impacts on the north side of the center near nearby residences. To address that concern, the zoning administrator adopted the staff conditions limiting staging to the southern side and requiring a construction manager contact, and he struck condition 5D on the basis that the approval is for a limited duration.

In his oral findings, Levi Hill said he found the site’s location within a shopping center and its relative removal from residences supported the exception and that completing the project promptly would benefit the mall and adjacent businesses. He modified the staff-recommended condition 3A to set the approved construction hours as 9:00 p.m. to 6:00 a.m. for Jan. 26–April 26, 2026, and then approved variance application V250263 with those modifications, stating, “And with that, I hereby approve variance application V250263 with the conditions of approval as modified in the approval action today.”

Decisions of the zoning administrator are appealable to the planning commission within 10 days; appeal applications are available online or at the planning office. With the approval concluded, Hill adjourned the meeting.