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161

City Council
Agenda Item Summary
Meeting Date: 2 April2013
Prepared by: Marc Wiener, Associate Planner
Name: Consideration of a use permit application, water allocation transfer and certification of a
negative declaration for the establishment of an event center at a site located in the
Service Commercial (SC) District.
Description: The project site is a 16,000 square foot commercial property that is developed with
two buildings totaling 5,357 square feet. The applicant is proposing to use the existing
buildings on the site as an event center to provide a venue for special events, such as
meetings, conferences, wedding receptions, cooking demonstrations, hands-on classes,
retail shows, etc. A valet service is proposed to park cars at the Carmel Plaza garage and
the Sunset Center parking lot. The project will require certification of the Initial
Study/Negative Declaration and the approval of a use permit to allow for off-site parking.
The project will also require the transfer of City water into the "Commercial Category" to
be used for this project.
Overall Cost:
City Funds: N/A
Grant Funds: N/ A
Staff Recommendation: 1) Certify the Initial Study IN egative Declaration; 2) Approve the use
permit application to allow for off-site parking; 3) Direct staff to return with a resolution
for the transfer of water into the "Commercial" category for the subject project, upon
receiving recommendations from the Planning Commission.
Important Considerations: An Initial Study (IS) was prepared by RBF Consulting. Based on
the IS the consultant and staff determined that the project would not cause a significant
effect on the environment and prepared a Negative Declaration (ND). The City currently
has 2.97 acre-feet of water in reserves. The property contains 0.3750 acre-feet of water
would require an additional 0.5110 acre-feet ofwater from the City.
Decision Record: Planning Commission reviewed the project on January 9, 2013 and was
supportive of the proposed use of the site and request for off-site parking.
Attachments:
Staff Report
Attachment "A"- Initial Study/Negative Declaration
Attachment "B" - Attorney Analysis Letter (Brian Finegan)
Attachment "C" - Correspondence
Attachment "D"- CMC Section 17.38.30
Reviewed by:
Jason Stilwell, City Administrator Date
162
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR BURNETT AND MEMBERS OF THE CITY COUNCIL
FROM: MARC WIENER, ASSOCIATE PLANNER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: 2 APRIL 2013
SUBJECT: CONSIDERATION OF A USE PERMIT APPLICATION, WATER
ALLOCATION TRANSFER AND CERTIFICATION OF A NEGATIVE
DECLARATION FOR THE ESTABLISHMENT OF AN EVENT
CENTER AT A SITE LOCATED IN THE SERVICE COMMERCIAL
(SC) DISTRICT.
BACKGROUND
The project site is a 16,000 square foot property located at the southeast comer of
Dolores Street and Seventh Avenue. The site is developed with two commercial
buildings totaling 5,357 square feet and a parking lot containing 15 angled parking
spaces. The buildings were designed by Walter Burde in 1971 and have historically been
used as a bank and for retail purposes.
The City spent several years reviewing a proposal for an 18,000 square foot mixed use
building with underground parking at the subject property named Plaza Del Mar. The
project was denied by the City in November 2009 for reasons primarily related to the
preservation of the existing structure. The building has been vacant for the past several
years.
PROJECT DESCRIPTION
The applicant is proposing to use the existing buildings on the site as an event center to
provide a venue for special events. The applicant has indicated the activities would likely
include meetings, conferences, wedding receptions, cooking demonstrations, hands-on
classes, retail shows, etc. The maximum allowable occupancy for any event would be
194 people. The proposed hours of operation are from 8:00a.m. to 10:00 p.m. An Initial
Study/Negative Declaration (!SIND) was prepared for the project (Attachment "A") by
RBF Consulting.
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Staff Report
Page2
To provide sufficient parking the applicant is proposing to use a valet service, National
Parking & Valet (NP&V), to park cars at the Carmel Plaza garage and the Sunset Center
parking lot. The project site will serve as the drop-off and pick-up point. The applicant
is also proposing to modify and reconfigure the parking lot at the project site to
accommodate 30 perpendicular parking spaces for the valet service.
Interior modifications are proposed to the main building to accommodate the new use.
The main building is 4,729 square feet and is comprised of a main floor (3,267 sf.), a
partial second floor (612 sf.), and a basement (850 sf.). The second floor is proposed to
be removed and the basement will be used for storage. Other interior refurbishments
include the installation of a kitchen and expansion of the existing restrooms. The
footprint of the building is not being expanded.
The property would be required to obtain additional water credits to support the change
of use. The site currently contains 0.3750 acre-feet of water and at a minimum would
need an additional 0.5110 acre-feet of water. There were two prior water allocations that
were intended to be transferred to the property for the Plaza Del Mar Project. Because
the project was denied, the water was never transferred to the property and it currently
remains in the City's water allocation. The applicant is requesting to have the water
transferred from the City's 2.97 acre-foot allocation to the property for this project. The
City contracted land use attorney, Brian Finegan, to provide a legal analysis of the water
entitlement (Attachment "B")
If the Council chooses to approve the project a resolution would need to be adopted to
transfer the water into a category that could be applied to this project. A further analysis
of the water is provided in the Evaluation section of this report and in the IS/ND.
However, staff notes that the circumstances surrounding the water situation have changed
since the IS/ND was prepared, which will be discussed later in this report.
PLANNING COMMISSION REVIEW
The Planning Commission reviewed this project at its meeting on January 9, 2013 for the
purpose of providing recommendations to the City Council. Two Commissioners had to
recues themselves because they own property within 500' feet of the project site. The
Planning Commission Rules of Procedure states that four members are required to make
a quorum when voting on a use permit. Because only three Commissioners are able to
participate, this project has been forwarded to the City Council for consideration of the
use permit. The project would also require the adoption of a water allocation resolution
by the City Council.
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Staff Report
Page 3
The Planning Commission was generally supportive of the project and found it to be an
appropriate use for the site. The Commission concluded that the use is permitted by the
zoning and should be classified as a "Community Center" as defined in CMC 17.68.030.
The Commission did have some concerns about parking and traffic, however, it was
noted that those issues would be addressed in the IS/ND. The Commission recommended
that the Council approve the use permit to allow off-site parking. Staff notes that the
Commission did not provide a recommendation regarding the water allocation.
EVALUATION
Environmental Review: One of the primary reasons for the California Environmental
Quality Act (CEQA) is to disclose potential environmental impacts associated with a
project to decision-makers and the public prior to final action on a project. An Initial
Study (IS) was prepared by RBF Consulting. Based on the IS the consultant and staff
determined that the project would not cause a significant effect on the environment and
prepared a Negative Declaration (ND). The IS and ND were circulated for public review
and comment from March 11th through April 1st of 2013. No comments were received at
the time that this staff report was prepared.
The IS/ND shall only be certified if there is no substantial evidence in light of the whole
record that the project will have a significant effect on the environment that cannot be
mitigated or avoided. CEQA Guidelines Section 15384 defines substantial evidence as:
" ... enough relevant information and reasonable iriferences from this iriformation
that a fair argument can be made to support a conclusion, even though other
conclusions might be reached ... Substantial evidence shall include facts,
reasonable assumptions predicated upon facts, and expert opinion supported by
facts. "
If the Council determines that substantial evidence exists that the project may have a
significant environmental impact, staff must be directed to identify mitigation measures
or to prepare an Environmental Impact Report (EIR). Staff has determined that no
substantial evidence exists in the current record that the proposed project would have a
significant environmental impact.
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Definition of Use: Staff concludes that the proposed use is most characteristic of a
"Community Center" as defined by the Zoning Code. CMC Section 17.68.030 defines a
community center as: "Any public, private, commercial, or nonprofit facility established
to provide social, educational, recreational, or cultural programs, meetings, or lectures,
or similar activities. Examples include conference facilities, meeting rooms, youth
centers, and senior centers. This classification includes community facilities operated in
conjunction with an approved residential or commercial use that are not generally
available to the public. " Per CMC 17.14.030, community centers are classified as a
permitted use in the Service Commercial (SC) District.
The applicant has provided a broad description of events rangmg from conferences,
weddings, wine tastings, cooking classes, retail shows, etc. The Planning Commission
determined that the proposed use of the property meets the definition of "community
center" as defined by the Code. Staff concludes that hosting activities such as
conferences, seminars, special classes, social gatherings (i.e. weddings) would be
consistent with the above definition. Staff could also support the hosting of some
temporary retail events permitted by zoning, such as clothing stores, home furnishings,
etc. However, retail activities including art galleries, jewelry stores, antique stores and
arts and crafts stores are not permitted where the project site is located, in the SC District
(CMC 17.14.030). A special condition has been added prohibiting the sale of these items
at this site.
With regards to monitoring the activities that could occur at the site, staff has conditioned
the approval so that the applicant shall make the schedule available to the City upon
request. The City is authorized to determine whether the scheduled events are consistent
with the permitted use of the building. In some cases the venue will be occupied by
individual business proprietors intending to temporarily operate in the City (i.e. cooking
classes, art classes, seminars, etc). A special condition has been added requiring business
proprietors renting the space to register with the City by applying for an In-and-About
business license.
Parking & Traffic:
Use Permit: CMC 17.38.020 (Table A) requires only seven parking spaces based on the
size of the building. However, this code section also states the following: "Table A
establishes the minimum amount of parking required for most land uses and land use
districts. The Planning Commission shall review proposed projects for their anticipated
parking demand and may require additional parking through use permit conditions if
substantial evidence supports the need for providing parking beyond the minimum
standard. The Planning Commission concluded that the proposed use would require
more than seven spaces.
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Staff Report
Page 5
As a separate attachment (Attachment "D") staff has provided a section from CMC
17.38.30 which states the "parking requirements may be fulfilled by supplying the
required parking on another site upon approval of a use permit" and "the land area
required to provide such parking shall be legally committed for the full life of the
structure. " In order to obtain a use permit the applicant must demonstrate one of the
following five conditions:
1. The property owners of two or more adjacent properties have proposed a
combined development plan to provide the required parking for their properties,
in accordance with the parking standards established in this chapter, on part of
the several sites involved.
2. The project site for which the parking requirement applies is 5, 000 square feet or
less in size and has less than 50 feet of street frontage.
3. The construction of required driveway(s) for on-site parking would result in the
excessive loss of curb parking on street.
4. The topography, size, shape or peculiar conditions of the site or the existing
development on the site would make the provision of on-site parking impractical.
5. The site for which parking is required is located within the central commercial
(CC) land use district where on-site parking is prohibited.
Of the five conditions the only one that could potentially qualify the property is condition
#4. In this case the "peculiar condition" with the existing development could be that the
building is oversized in relation to the parking lot. For example, even a retail use would
have an occupancy of 97 individuals, which significantly exceeds the parking demand
that could be met by the 15 parking spaces currently on the lot.
The Planning Commission determined that condition #4 could be applied to this property
and recommended that the City Council approve the use permit. Pursuant to CMC
Section 17.38.020, a special condition has been included requiring the off-site parking to
be committed for the full life of the structure.
Staff has provided the following section from the General Plan (Objective 02-4) to
further support the proposal for off-site parking. The City should "recognize that it is
not practical to provide sufficient parking that meets total demand at every location; but
that it is desirable to provide, where practical, alternate parking where it could be
removed from public view and in a scale appropriate to Carmel. "
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Valet Parking: A parking and traffic analysis was prepared by Hatch Mott MacDonald
on February 27,2013. To meet the parking demand the applicant is intending to provide
off-site parking through a valet service named National Parking & Valet (NP&V).
NP&V would park cars at the Carmel Plaza and Sunset Center. Carmel Plaza has 110
spaces with a maximum occupancy of 30 spaces on a typical day. Sunset Center has 135
spaces with a typical daily occupancy of about 35 spaces. NP&V would have discretion
to park the cars at either site.
The parking lot at the project site would be modified to accommodate 30 perpendicular
parking spaces for the valet service and an additional 15 temporary spaces ( 45 Total).
The project site will serve as the drop-off and pick-up point. Valet staffing will vary
depending upon the size of the event and will be actively moving cars to or from the
remote parking lots to prevent vehicle spill-over into adjacent streets. Vehicles would
enter the site from Dolores Street and exit onto Seventh A venue.
The IS/ND includes a thorough description of the parking plan as well as the study
prepared by Hatch Mott MacDonald. Figure 4 in the IS/ND presents a diagram of the
valet parking access routes and parking locations. It is estimated that the total parking
demand for any given event could reach as high as 120 vehicles (includes event staff),
which would be for the largest of events as indicated in the study.
Traffic: The traffic analysis prepared by Hatch Mott MacDonald was peer reviewed by
RBF Consulting. The project was determined to have a "less than significant impact" on
transportation and traffic as identified in the IS/ND. The proposed project would
generate a total of 96 net trips coming to and from the project, for a total of 192 average
daily trips.
In the I SIND notes that if the property were returned to being a bank, a total of 397 daily
trips would be anticipated. This number is based on the Institute of Transportation
Engineers (ITE) Trip Generation Manual 9th Ed. In theory, the proposed event center
would generate 205 fewer average daily trips than a bank use. Although a negative
traffic impact is not anticipated, the City could revoke the use permit or amend it to allow
for a lower occupancy and/or reduced number of events if the use creates significant
traffic or parking problems in the downtown commercial. A special condition has been
added to address this provision.
It should be noted that staff has been working with the Carmel Police Department
throughout the process to make them aware of the proposed activity and the traffic
studies. The applicant is proposing to hire off-duty police officers for each event to assist
with coordinating the traffic circulation.
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Carmel ' s Public Safety Director, Chief Calhoun, has provided a memo to address this
proposal (Attachment "C"). Chief Calhoun indicates that the Carmel PD would work
with the applicant to assist with staffing events and will work with event coordinators to
suggest alternatives if staffing is not available. Chief Calhoun recommends that "only
trained and qualified law enforcement personnel be used for directing traffic" and "any
law enforcement or specially trained personnel not employed by the City of Carmel shall
receive approval by the Carmel Police Department prior to directing any vehicle traffic
on Carmel City streets".
The approval has been conditioned to meet the above requirements. It should be noted
that the determination of a "less than significant" impact is not contingent on having a
traffic coordinator. However, having a traffic coordinator would benefit the parking and
traffic situation, in particular for large events.
Water Demand: The proposed project will require a water permit from the Monterey
Peninsula Water Management District (a.k.a. Water Management) to change the use of
the building and obtain the building permit. The building currently contains a water
credit of0.3750 acre-feet based on the building's size and existing Group I use factor
(0.00007 ac-ft. per sf.).
Water Management originally defined the proposed use as a "Meeting Hall", which is a
Group III use requiring approximately 2.10 acre-feet of water. The applicant funded an
engineering study, produced by Axiom Engineers, which estimated the anticipated water
use to only be 0.8252 acre-feet. The applicant was going to present this study to Water
Management in an effort to get the water requirement reduced. The projected water use
would have required Water Management to make a finding of"Special Circumstance",
which would have required Carmel to assume some level of responsibility for the water
use at the site.
The IS/ND addresses the project with an understanding that the applicant would be
required to obtain a Special Circumstance detennination from Water Management.
However, since the IS/ND was prepared the conditions surrounding the water
requirements have changed. Water Management recently determined that the proposed
Event Center use would in fact be categorized as Group II (0.0002 ac-ft. per sf.) and
would require 0.8860 acre-feet of water, which is slightly more than identified in the
engineering study.
The benefit of Water Management's recent decision is that the Special Circumstance
determination is no longer necessary, which eliminates any liability to the City for water
usage at the site. A condition has been added that the I SIND be amended accordingly to
reflect the change in circumstances. The changes are minor in the context of
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environmental impact and do not require a recirculation of the document per CEQA
Guidelines section 15073.5.
Water Entitlement: The applicant is requesting water from the City's 2.97 acre-foot
water allocation. The site currently contains 0.3750 acre-feet of water and would need an
additional 0.5110 acre-feet for a total of0.8860 acre-feet to support the project.
There were two prior water allocations that were intended to be transferred to the
property for the Plaza Del Mar Project (a.k.a. Carmel Center project). Because the
project was denied, the water was never transferred to the property and it currently
remains in the City' s water allocation. The applicant is requesting to have the water
transferred from the City' s allocation to the property for this project.
The City contracted land use attorney, Brian Finegan, to provide a legal analysis of the
water entitlement (See Attachment "B"). The applicant contends the project is entitled to
three components of water totaling 1. 071 acre-feet. Two of the components are based on
pre-commitments associated with the Plaza Del Mar project. Below is a summary of the
three water sources identified by the applicant, followed by a staff response. The staff
response includes a brief discussion of Mr. Finegan' s legal opinion.
1. A credit for prior water use on the property in the amount of 0.3750 acre feet.
Response: Mr. Finegan concludes that the first water component (0.3750 acre-feet) has
been confirmed by Water Management as is indisputable. Staff concurs with this
analysis. The 0.3750 acre-feet is attributed to the floor area of the building and its
existing Group I use.
2. A credit in the amount of 0.3495 acre feet per year attributable to the so-called
"LeTowt transfer".
Response: On June 6, 2000 by Resolution 00-84, the City 1) accepted a transfer of
0.3495 acre-feet into the City' s unallocated water reserve, 2) revised the City's allocation
of water resources to make the transferred water available for the multi-family and
commercial land use categories, and 3) approved a "pre-commitment" of the transferred
water to the Plaza Del Mar project (a.k.a. Carmel Center project).
The Applicant contends that this water was pre-committed to the prior Plaza Del Mar
project and therefore the property is entitled to the water to be used for the Event Center
project. Mr. Finegan disputes the applicant's contention and concludes that the property
is not entitled to the water credits (See Attachment "B"). The analysis letter references
the City' s Water Management Ordinance CMC 17.50.40, which states that "for projects
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that are denied or abandoned, the pre-commitment shall be terminated and the water
shall be administratively restored to its original allocation category". Staff concurs with
Mr. Finegan on this issue. The water currently resides in Category #6 "Unallocated
Reserve" (1.69 acre-feet).
3. A credit in the amount of 0.3465 acre feet per year attributable to the so-called
"Spinning Wheel transfer".
Response: On or about November 18, 2002, the city approved a water use credit transfer
of0.56 acre feet of water to the city's unallocated reserve. The water use credit was
attributable to the Spinning Wheel restaurant which had closed permanently.
The draft EIR for the Plaza Del Mar project (May 2004) identified 0.3465 acre-feet from
the Spinning Wheel Restaurant water transfer as a source of water for the project. The
Plaza Del Mar project was ultimately denied in November of2009.
Based on the language of the Draft EIR and the staff report notwithstanding, there is no
evidence that the City ever took any formal action to allocate or "pre-commit" any
portion of the Spinning Wheel transfer to the Plaza Del Mar project or to the Subject
Property. Even if the water had been pre-committed, such as with Letowt transfer, it still
is to be transferred back to the City's water allocation upon the denial of the project per
CMC 17.50.40.
City's Water Allocation: The fact that the property is not entitled to the water does not
preclude the City Council from approving the necessary water for this project. The
City's Water Management Program (CMC Section 17.50) was established by the City
based on its recognition of the need to conserve and manage its water resources to
achieve adopted land use planning objectives. The purpose and intent of the Water
Management Program is to:
A. Reduce unnecessary water consumption in existing and new development;
B. Provide a process for dedication of the City's limited water resources in new
development;
C. Establish a process for determining the broad land use categories to be served
through allocations of existing and future water resources available to the City;
and
D. Implement the General Plan and Coastal Land Use Plan.
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Section 17.50.30 establishes procedures that City shall follow for locally allocating its
water supplies to land use categories, and permitting procedures for proposed projects
that would result in net increases in water demand. Water held in unallocated reserves
shall not be used for any project or land use change until transferred to a defined
allocation category. For the subject project the City Council could authorize 0.5110 acre-
feet of water to be transferred from Category #6 "Unallocated Reserve" into the Category
#4 "Commercial", which would be used to supply the project.
However, the Water Management Program (CMC Section 17.50) states that before the
adoption of an allocation resolution, the City Council shall consider recommendations on
the appropriate distribution of water to implement the General Plan and the Local Coastal
Program as determined by the Planning Commission. If the Council supports the use of
City water for this project, it could direct Staff to review the water allocation with the
Planning Commission and return with a formal recommendation and resolution for the
transfer into the "Commercial" category to be used for the project.
One of the primary purposes of establishing water categories is to implement the goals of
the General Plan. Two applicable sections of the General Plan are Objective 01-3, which
states to "Preserve the economic integrity of the community and maintain an economic
philosophy toward commercial activity ensuring compatibility with the goals and
objectives of the General Plan". Policy P1-11 encourages "unique, quality commercial
uses that serve the intellectual, social, material, and day-to-day needs of both the local
community and visitors". The proposed project appears to meet these goals.
Staff recommends that the Council approve the water transfer, but with a condition that
the 0.511 0 acre-feet of water be returned to the City if the "Event Center" use is
abandoned or discontinued for a period of 12 consecutive months.
RECOMMENDATION:
With the attached findings and conditions: 1) Certify the Initial Study/Negative
Declaration; 2) Approve the use permit application to allow for off-site parking; 3)
Direct staff to return with a resolution for the transfer of water into the "Commercial"
category for the subject project, upon receiving recommendations from the Planning
Commission.
172
CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
UP 12-20
Carmel Event Center
CPines 7 LLC
SE Cor. Dolores & ih
Block 91 , Lots 2, 4, 6 & 8
CONSIDERATION:
FINDINGS FOR DECISION
Consideration of Findings and Conditions for the approval of a Use Permit application
and certification of a Negative Declaration for the Cannel Event Center Project.
FINDINGS OF FACT:
1. This site is a 16,000 sf. site comprised oflots 2, 4, 6 & 8 of Block 91 in the
Service Commercial (SC) District of Carmel-by-the-Sea.
2. The site is developed with two commercial buildings totaling 5,357 square feet
and a parking lot containing 15 angled parking spaces. The 612 square foot upper
level will be demolished as part of the project approval.
3. The property owner submitted an application to establish an event center at the site
on 16 November 2013. The project will require the approval of a use pennit
application to allow for additional off-site parking.
5. The proposed use is categorized as Group II by the Monterey Peninsula Water
Management District and will require 0.8860 acre-feet of water. The site currently
contains 0.3750 acre-feet of water and requires an additional 0.5110 acre-feet from
the City' s water allocation.
6. The Planning Commission reviewed project proposal on 9 January 2013 to
provide recommendations to the City Council.
7. The City circulated an Initial Study(IS)/Negative Declaration(ND) for the project
in accordance with the California Environmental Quality Act (CEQA) from 11
March 2013 through 1 April 2013.
8. No comments were received at the time that these finding were prepared on 22
March 2013.
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FINDINGS FOR DECISION:
1. Allowing the proposed use is consistent with the City' s goal of achieving and
maintaining a balanced mix of uses that serve the needs of both local and non-
local populations.
2. The proposed use will provide adequate ingress and egress to and from the
proposed location.
3. The capacity of surrounding streets is adequate to serve the automobile and
delivery truck traffic generated by the proposed use as evaluated in the IS/ND.
4. The proposed use is not in conflict with the General Plan.
5. The proposed use will comply with all zoning standards applicable to the use and
zoning district.
6. The granting of the Use Pennit will not set a precedent for the approval of similar
uses whose incremental effect will be detrimental to the City, or will be in conflict
with the General Plan.
7. The proposed use will not make excessive demands on the provision of public
services, including water supply, sewer capacity, energy supply, communication
facilities, police protection, and fire protection.
8. The proposed use will not be injurious to public health, safety or welfare.
9. The proposed use will be compatible with surrounding land uses and will not
conflict with the purpose established for the district within which it will be
located.
10. The proposed use will not generate adverse impacts affecting health, safety, or
welfare of neighboring properties or uses.
ENVIRONMENTAL FINDINGS:
1. Pursuant to the provisions of the California Environmental Quality Act, and based
on the findings of the Initial Study, the City of Carmel-by-the-Sea has determined
that the project will not have a significant effect on the environment.
2. With the use of the Carmel Plaza garage and Sunset Center parking lots the Initial
Study/Negative Declaration determined that the project will have a "less than
significant" impact on parking and traffic.
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3. Subsequent to final publication, slight revisions will made to the text of the Initial
Study/Negative Declaration to reflect aspects of the project that have changed
during the review process. These changes were addressed in the staff report and
approved as part of the certification of the Negative Declaration on 2 April2013.
SPECIAL CONDITIONS:
1. This Use Permit (UP 12-20) authorizes an event center at the subject property with
additional off-site parking provided by the Carmel Plaza garage and Sunset Center
parking lot to be used for special events. Pursuant to CMC Section 17.38.020, the
off-site parking identified in the I SIND shall be committed for the full life of the
use. Any change to the terms of this condition shall be cause for the amendment
and/or possible revocation of the Use Permit.
2. The applicant shall obtain a business license and certificate of occupancy for the
building. Maximum occupancy shall not exceed the standards in the State
Uniform Building and Fire Codes. The maximum occupancy identified in the
staff report (194) is a maximum and may be reduced by the Building Official as
needed to meet safety standards depending on the floor plan and layout.
3. Pursuant to CMC 17.50, staff will prepare a water transfer resolution, with
Planning Commission recommendations, for the purpose of providing water to the
subject property for the Event Center project. Once the resolution is adopted by
the City Council water will be transferred into an allocation category to be used
for the project. If the Event Center use is abandoned, as determined by the City,
or discontinued for a period of 12 consecutive months, the water shall be returned
back to the City's allocation.
4. Prior to final publication the IS!ND will be amended to reflect the changes to the
circumstances surrounding the water demand for this project. The changes are
minor in the context of environmental impact and do not require a recirculation of
the document per CEQA Guidelines section 15073.5.
5. Hours of operation shall be limited from 8:00a.m. to 10:00 p.m. seven days per
week. Live music is not permitted without a permit. Recorded or reproduced
music shall not exceed 55 db-A as measured at the property line (CMC 9.16.040).
Complaints of excessive noise, lighting and other nuisances from the property
shall be cause for review of the permit.
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6. Retail events including the sale of jewelry, art, antiques and arts and crafts as
defined by CMC 17.68 are prohibited. Business proprietors renting the space for a
special event shall submit an "In-And-About" business license application to the
City prior to the event.
7. The applicant shall make a schedule of events available to the City upon request.
The City reserves the right to determine whether the scheduled events are
consistent with the permitted use of the property and consistent with the zoning
code.
8. The applicant shall work with the Carmel Police Department to provide traffic
coordinators for special events. Only trained and qualified law enforcement
personnel shall be used for directing traffic. Any law enforcement or specially
trained personnel not employed by the City of Carmel shall receive approval by
the Carmel Police Department prior to directing any vehicle traffic on Carmel City
streets.
9. If the use creates a significant parking and traffic impact to the surrounding
neighborhood, as determined by the City, the Use Permit shall be reviewed by the
City Council to address the impact. Amendments may include but are not limited
to, reducing the building occupancy, reducing number of allowed events or
amending the parking plan.
10. The use shall be conducted in a manner consistent with the presentations and
statements submitted in the application and at the public hearing, and any change
in the use which would alter the findings or conditions adopted as part of this
permit shall require approval of a new use permit by the Planning Commission.
11. This use permit shall become void and no further force or effect if the use is not
initiated within six months and/or upon termination or discontinuance of the use
for any period of time exceeding six months.
12. Violations of the terms of this use permit or other ordinances of the City may
constitute grounds for revocation of this use permit and the associated business
license by the Planning Commission.
13. All modifications made to the exterior of the building, including but not limited to
paint, window treatments, awnings, paving and landscaping, shall first require
written approval by the Department of Community Planning and Building. No
notice-attracting features, such as banners, balloons, streamers, lights, additional
signs, or flags shall be installed without written approval from the City.
176
Carmel Event Center UP 12-20
2 April2013
Findings & Conditions
Page 5
14. Adequate facilities shall be provided on the site for the closed storage of trash and
garbage generated by the use. The on-site storage shall be designed so that the
area can be cleaned and the refuse removed without creating a public nuisance and
without being placed on the sidewalks or other public ways. If the method of
cooking used will generate hot ashes, a storage facility and disposal method shall
first be approved by the Fire Department.
15. At least one restroom shall be available for use by both sexes within, or
conveniently adjacent to, the specific business premises and on the same property
on which the use is located. This restroom shall comply with all provisions of the
State Uniform Building and Plumbing Codes as to the required size, location and
accessibility standards, and shall be available for use by both the employees and
patrons of the business.
16. A summary sheet of basic Use Permit requirements (allowed days, allowed hours,
special mitigations) shall be posted on the premises or shall be available upon
request by any enforcement officer of the City.
17. The applicant agrees, at its sole expense, to defend, indemnify, and hold hannless
the City, its public officials, officers, employees, and assigns, from any liability;
and shall reimburse the City for any expense incurred, resulting from, or in
connection with any project approvals. This includes any appeal, claim, suit, or
other legal proceeding, to attack, set aside, void, or annul any project approval.
The City shall promptly notify the applicant of any legal proceeding, and shall
cooperate fully in the defense. The City may, at its sole discretion, participate in
any such legal action, but participation shall not relieve the applicant of any
obligation under this condition. Should any party bring any legal action in
connection with this project, the Superior Court of the County of Monterey,
California, shall be the situs and have jurisdiction for the resolution of all such
actions by the parties hereto.
177
Attachment "A"- Initial Study/Negative Declaration
Prepared for
March 2013
Initial Study I Negative Declaration
Carmel Event Center
Prepared by
CONSULTING

178
Table of Contents
Table of Contents
Notice of Availability I Notice of Intent
Negative Declaration
Initial Study
List of Figures
Figure I: Site Vicinity
Figure 2: Aerial of Project Site
Figure 3: Proposed Project Floor Plan
Figure 4: Proposed Valet Parl<.ing Plan
Figure 5: Valet Parking Access Routes and Parking Locations
Figure 6: General Plan Land Use Designations
Figure 7: Zoning Designations
Figure 8: Photos of Proposed Project Site
List of Tables
Table I : Proposed Project Valet Staffing
Table 2: Proposed Project Water Supply and Demand Estimate
Table 3: Estimated Project Parl<.ing Demand & Supply
Table 4: City of Carmel Water Allocation
Appe ndices
A Traffic and Parking Study for the Proposed Carmel Event Center (Hatch Mott
MacDonald)
B Carmel Event Center Water Use Study (Axiom Engineers)
C City of Carmel 2006 Water Allocation (Updated 2/25/ 13)
3
9
17
COMMUN I TY PLANNING & BUI LDI NG I I
179
Notice of Availability
NOTICE OF AVAILABILITY I
NOTICE OF INTENT
COMMUNITY PLANNING & BUILDING I 3
180
City of Carmel by-the-Sea
Community Planning & Building
P.O. Drawer G
Carmel-by-the-Sea, California 93921
Phone: (831) 620-20 I 0 Fax: (831) 620-2014
March I I, 20 13
Notice of Availability
NOTICE OF INTENT TO ADOPT A NEGATIVE
DECLARATION
NOTICE IS HEREBY GIVEN that the City of Carmel-by-the-Sea has prepared a proposed
Negative Declaration, pursuant to the requirements of CEQ A. for the proposed Carmel
Event Center. The project site is located on the east side of Dolores Street between
Seven and Eighth Avenues in the City of Carmel-by-the Sea, Monterey County, California
(Block 91, Lots 2, 4, 6, and 8; APN 0 I 0-145-020-000).
The proposed Negative Declaration, Initial Study and reference documents are available for
review at the Community Planning and Building Department at the Carmel-by-the-Sea City
Hall, located on the east side of Monte Verde Street between Ocean Avenue and Seventh
Avenue and on the City's website at www.ci.carmel.ca.us (click on Government then
Staff/Departments, then Community Planning & Building, then Projects).
An additional copy for public review is available at the Harrison Memorial Library
(northeast comer of Ocean Avenue and Lincoln Street) and copies are available for
purchase at Copies-by-the-Sea (northwest comer of Dolores Street and Fifth Avenue).
The City Council will review this project on April 2, 2013. In accordance with time limits
mandated by State law (CEQA Guidelines Section I 5073[a]), written comments on this
Negative Declaration and the Initial Study will be accepted (for 20 days) from March I I,
20 13 through 5:00 p.m. on April I, 20 13.
Project Description
The proposed project is the conversion of an existi ng, vacant, retail bank building into an
event center that would provide a venue for special events throughout the year. Activities
would include meetings, conferences, wedding receptions, cooking demonstrations, hand-
on classes, retail shows, etc. The project site is currently developed with two buildings
totaling 5.357 square feet (sf.). Following refurbishment of the interior, the final project will
accommodate 3,888 sf. of occupied space.
COMMUNITY PLANNING & BUILDING I 5
181
Carmel Event Center
The project site is 16,000 sf. and currently contains 15 angled parking spaces. To provide
additional on-site parking capacity, the surface parking lot will be modified and reconfigured
to accommodate 30 perpendicular parking spaces for the valet service, a vehicle drop-
off/pickup space for valet parking, and a valet waiting area with benches and chairs, and
accommodation for two ADA accessible valet parking spaces. Reconfiguration of the
parking lot will require minor modification to the existing curbs (from a "zigzag" pattern to
a straight curb) and resurfacing ofthe parking lot
All events will be valet parked by National Parking & Valet (NP&V) . While some vehicle
may remain on site under special circumstances, most vehicles will be valet parked at either
the Carmel Plaza garage or the surface lot at the northwest comer of the Sunset Center.
The proposed project has an estimated water supply of 1.071 AFY and would generate a
water demand of 0.8252 AFY, resulting in a net surplus of 0.2458 AFY. This estimated
water supply assumes the proposed project receives the necessary water allocations
(namely, the Jody LeT owt allocation and the Spinning Wheel restaurant allocation) from
the City of Carmel.
Submit Comments to:
Mr. Marc Wiener
Associate Planner
Community Planning and Building
City of Carmel-by-the-Sea
P.O. Drawer G. Carmel-by-the-Sea
E/s Monte Verde St. between Ocean and 7th Avenues
Carmel-by-the-Sea, California 93921
(831) 620-20 I 0
mwiener@ci.carmel.ca.us
6 I CITY OF CARMEL
182
Notice of Availability
For reviewing agencies: The City of Carmel-by-the-Sea requests that you review the
enclosed materials and provide any appropriate comments related to your agency's area of
responsibility. The space below may be used to indicate that your agency has no
comments or to state brief comments.
Distribution: (see below)
No Comments provided
Comments noted below
Comments provided in separate letter
COMMENTS: ____________________ _ _ _
Return to:
Mr. Marc Wiener
Associate Planner
Community Planning and Building
City of Carmel-by-the-Sea
P.O. Drawer G
Carmel-by-the-Sea, California 9392 1
From:
Agency Name:
Contact Person:
Phone Number:
COMMU N ITY PLANNIN G & BUIL D ING I 7
183
Carmel Event Center
AGENCY/ORGANIZATION DISTRIBUTION
I . Monterey County Clerl<'s Office
2. Association of Monterey Bay Area Governments
3. Transportation Agency for Monterey County
4. Monterey Bay Unified Air Pollution Control District
5. Monterey Peninsula Water Management District
6. Monterey County Environmental Health Department
7. Regional Water Quality Control Board
8. Monterey County Planning Department
9. City of Pacific Grove
I 0. City of Monterey
I I . California Coastal Commission
12. Carmel Residents Association
8 I CITY OF CARM EL
184
Negative Declaration
NEGATIVE DECLARATION
COMMUNITY PLANN ING & BUILD I NG I 9
185
Negative Declaration
Lead Agency Name and Address
City of Carmel by-the-Sea
P.O. Box G
E/s Monte Verde bet. Ocean and 7th
Cannel, CA 93921
Contact Person and Phone Number
Mr. Marc Wiener
Associate Planner
City of Cannel-by-the-Sea
83 1.620.20 I 0
sconroy@ci.carmel.ca.us
Project Sponsor
Mr. Jeffrey Peterson
c/o Anthony Lombardo & Associates
450 Lincoln Avenue, Suite I 0 I
Salinas, CA 9390
Project Location
Negative Declaration
The project site is located on the east side of Dolores Street between Seven and Eighth
Avenues in the City of Carmel-by-the Sea, Monterey County, California (Block 9 I, Lots 2,
4, 6, and 8; APN 0 I 0-145-020-000).
Name of Project
Carmel Event Center
Project Description
The proposed project is the conversion of an existing, vacant retail bank building into an
event center that would provide a venue for special events t hroughout the year. Activities
would include meetings, conferences, wedding receptions, cooking demonstrations, hand-
on classes, retail shows, etc. The project site is currently developed with two buildings
totaling 5,357 square feet (sf). Following refurbishment of the interior, the final project will
accommodate 3,888 sf of occupied space.
The project site is 16,000 sf and currently contains IS angled parking spaces. To provide
additional on-site parking capacity, the surface parking lot will be modified and reconfigured
to accommodate 30 perpendicular parking spaces for the valet service, a vehicle drop-
off/pickup space for valet parking, and a valet waiting area with benches and chairs, and
accommodation for two ADA accessible valet parking spaces. Reconfiguration of the
parking lot will require minor modification to the existing curbs (from a "zigzag" pattern to
a straight curb) and resurfacing of the parking lot.
COMMUNITY PLANNI NG & BU I LDING I II
186
Carmel Event Center
All events will be valet parked by National Parking & Valet (NP&V). While some vehicle
may remain on site under special circumstances, most vehicles will be valet parked at either
the Carmel Plaza garage or the surface lot at the northwest comer of the Sunset Center.
The proposed project has an estimated water supply of 1.07 1 AFY and would generate a
water demand of 0.8252 AFY, resulting in a net surplus of 0.2458 AFY. This estimated
water supply assumes the proposed project receives the necessary water allocations
(namely, the Jody LeT owt allocation and the Spinning Wheel restaurant allocation) from
the City of Carmel.
Review Period
March I I , 20 13 through 5:00 p.m. on April I, 20 13
Comments
Any individual, group, or agency disagreeing with this determination or wishing to comment
on the proposed project may submit written comments to the City of Carmel-by-the-Sea
at the address listed above. All comments received by 5:00 PM on April I , 20 13 will be
considered by the City of Carmel.
Findings and Reasons
The Initial Study identified potent ially significant effects on the environment However, t he
proposed project wi ll not have the potential to signifi cantly degrade the environment; will
have no significant impact on long-term environmental goals; will have no significant
cumulative effect upon the environment; and will not cause substantial adverse effects on
human beings, either directly or indirectly.
The following reasons will support these findings:
I. No mitigation measures have been identified.
2. The proposed project is consistent with the adopted goals and poli cies of the City
of Carmel General Plan, City of Carmel Local Coastal Program Land Use Plan (LUP), and
the City of Carmel Municipal Code.
3. City staff independently reviewed the Initial Study, and this Negative Declaration
reflects the independent judgment of the City of Carmel.
Mitigation Measures
None required.
12 I CITY OF CARMEL
187
Initial Study
INITIAL STUDY
COMMUN I TY PLANNING & BUI LD ING I 13
188
City of Carmel
Initial Study I Environmental Checklist
Background & Project Description
Project Title
Carmel Event Center
Lead Agency Name and Address
City of Carmel by-the-Sea
P.O. Drawer G
E/s Monte Verde bet Ocean and 7th
Carmel. CA 93921
Contact Person and Phone Number
Mr. Marc Wiener
Associate Planner
83 1.620.20 I 0
mwiener@ci.carmel.ca.us
Project Location
Initial Study
The project site is located on the east side of Dolores Street between Seven and Eighth Avenues
in the City of Carmel-by-the Sea, Monterey County, California (Block 9 1, Lots 2, 4, 6, and 8: APN
0 I 0- 145-020-000). See Figure I: Site Vicinity (below).
y -_
Project Site
--
~ -
COMMU N ITY PLA NNING & BU I L DI NG I 15
189
Carmel Event Center
Project Applicant's/Sponsor's Name and Address
jeffrey Peterson
c/o Anthony Lombardo & Associates
450 Lincoln Avenue, Suite I 0 I
Salinas, CA 9390
General Plan Designation
Core Commercial
Zoning
Service Commercial (SC)
Project Description
The proposed project is the conversion of an existing, vacant. retail bank building into an event
center that would provide a venue for special events throughout the year (see Figure 2: Aeri al of
Project Site). Activities would include meetings, conferences, wedding receptions, cooking
demonstrations, hand-on classes, retail shows, etc. The proposed hours of operation are 8:00 AM
to I 0:00 PM, however, the property would be used only during such time as an event is taking
place, or preparation for such events. Some event may include recorded music and/or
entertainment. however no live music is anticipated at this time and would require a subsequent
permit
Building Improvements
The project site is currently developed with two buildings totaling 5,357 square feet (sf.). The main
building is 4,729 sf. and is comprised of a main floor (3,267 sf.). a partial second floor (612 sf.), and
a basement (850 sf.). The second floor is proposed to be removed and the basement will be
unoccupied space used for storage and mechanical systems, result ing in a net occupied area of
3,267 sf. A secondary subordinate building is 621 sf. and will remain essent ially unchanged and
used as a separate event room. Once completed, the final project will accommodate 3,888 sf. of
occupied space.
The proposed project includes a number of interior refurbishments, incl uding the installation of a
kitchen to provide a full range of food and beverage services and expansion of the existing
restrooms. All building alterations would occur within the existing building foot print
Based on the usable interior space of the building, the maximum allowable occupancy for any given
event would be 194 persons (City of Carmel, I /9/13). An illustration of the proposed building
improvements is shown in Figure 3: Proposed Project Fl oor Plan.
Site Improvements
The proj ect site is 16,000 sf. and currently contains IS angled parking spaces. To provi de
additional on-site parking capacity, the surface parking lot will be modified and reconfigured to
accommodate 30 perpendicular parking spaces for the valet service, a vehi cle drop-off/pickup
space for valet parking, and a valet waiting area with benches and chairs, and accommodation for
two ADA accessible valet parking spaces. Reconfiguration of the parking lot wil l require minor
modification to the existing curbs (from a "zigzag" pattem to a straight curb) and resurfacing of the
16 I CITY OF CARMEL
190
Initial Study
parking lot.
There are 14 pine trees on site, ranging in size from five (5) inch diameter to 28 inch diameter.
While a number of these trees are in poor health and some have Pitch Canker, these trees will
remain. The only modification will be potential impacts to the root zone associated with
reconfiguration of the surface parking lot
Valet Parking Program
All events will be valet parked by National Parking & Valet (NP&V). The re-configured on-site
parking lot will be used both as a drop-off and pick-up point for visitor's vehicles as well as a staging
area for relocation of visitor cars to off-site parking areas (see Figure 4: Proposed Valet Parking
Plan). During a peak concentration of guests arriving on site, the first 30 valet parking spaces will
be filled. If needed, there is space in the drive aisle way for another 15 short-term queuing spaces,
for a total of 45 valet spaces. Valet staffing will vary depending upon the size of the event and will
be actively moving cars to or from the remote parking lots to prevent vehicle spill-over into the
adjacent streets. An off-duty police officer will be retained on site for each event to coordinate
traffic circulation.
Valet vehicles will enter the site from Dolores Street Vehicles t o be valet parked will exit right
(east) onto 7 th Avenue. While most of the vehicles will be valet parked, there will be occasions
when a limited number of vehicles will remain on site for special ci rcumstances (e.g., luxury "high-
end" vehicles) or for events (e.g. an automobile manufacturer event during the week of the
Concourse d' Elegance).
Vehicles to be parked at the Carmel Plaza garage will tum left onto Mission Street and enter the
garage. Vehicles parking at the Sunset Center will tum right onto Mission and enter the surface lot
at t he southwest comer of Mi ssion Street and 8
1
h Avenue. Cars returning to the project site will
make their way west on gth Avenue and north on Dolores Street (See Figure 5: Valet Parking
Access Routes and Parki ng Locations).
NP&V operates the Carmel Plaza and Sunset Center parking facilities. NP&V will have the
discretion to pari< vehicles in either or both lots for any individual event, depending on the time of
day and parking availability. Cars arriving for an event at the project site would be valet parked by
NP&V staff. The number of valet staff would range depending on the number of guests
anticipated, as shown in Table I: Proposed Project Valet Staffi ng.
Table I: Proposed Project Valet Staffing
Guests Vehicles Valet Staff
50 20 2
80 40 3
100 50 4
125 60 5
175 75 6
200 85 7
Source: Nattonal Parl<ing & Valet 20 13.
COMMUNITY PLAN NI NG & BU I LD I NG I 17
191
Carmel Event Center
Water
The following description of water supply and demand for the proposed project was derived from
the Carmel Event Center Water Use Study, dated February 7, 20 13 prepared by Axiom Engineers
(see Appendix B). It was peer reviewed by RBF Consulting with input from City of Carmel staff
and legal review by Mr. Brian Finegan (attomey-at-law).
Water Supply
Available water supply for the proposed project was identified by the project appl icant as a credit
from the previous occupancy and from two water allocations that will require approval from the
Carmel City Council.
A credit from the previous occupancy was determined using the existing square footage of the
building (5.357 sf) and applying a use factor based on the type of occupancy (Palo Alto Savings
and Loan Association [a bank]). Using the Monterey Peninsula Water Management District
(MPWMD) Group I Use Factor, (0.00007 ac-ft. per sq.-ft.) from Table 2: Non-Residential Water
Use Factors, results in an existing water credit of 0.3750 acre-feet per year (AFY).
In addition to the previous occupancy credit. there are two prior water allocations that were
applied by the project applicant to the project site from a previous project, namely Plaza Del Mar
Mixed-Use project (a.k.a. Carmel Center project). The "Jody LeT owt" allocation is a prior water
t ransfer of 0.34950 AFY. originating from a former property owner Ms. Jody LeT owt's commercial
allocation that was "pre-committed" to the prior Carmel Center Project (Resolution 00-84, dated
April 26, 2000).
The second water allocation is from the former Spinning Wheel Restaurant of 0.560 AFY. The
terms of this transfer included the following allocations: I) The dedication of a portion of the
transfer or 0.056 AFY to the "Los Costas Project", 2) Retention by MPWMD of 0.1 12 AFY for
their reserves, 3) The dedication of .0455 acre feet to be retained by the City for its reserves, and
4) The remaining 0.3465 AFY to be committed to the former Carmel Center project.
Together, these two allocations would total 0.696 AFY, or 23.4% of the city's total existing water
supply allocation of 2.97 AFY.
Assuming the existing credit and the above allocations are approved from the City of Carmel, the
project applicant anticipates a total water supply of 1.071 0 AFY.
Water Demand
Water demand from the proposed project will occur from three activities, namely restroom and
kitchen use inside the building (accounting for 90% of total water use) and landscaping outside of
the building (accounting for I 0% of total water use). The proposed kitchen uses will include pre-
rinsing and washing pots and dishes, preparing food and washing produce, cooking and equipment
cleanup, serving water, and making ice. Kitchen use is typically high, and accounts for as much as
50% of all water use in commercial establi shments that are associated with food activities.
Restroom use (2) includes toilets and wash basins. Janitorial services was also included as part of
intemal water use. Landscaping is proposed to be minimal to maintain the existing trees and for
additional planters. For all internal water fixtures, the project applicant proposes to use low-flow
water fixtures, as requi red by MPWMD.
18 I C ITY OF CARMEL
192
Initial Study
For t he purposes of evaluating water demand, the project applicant assumed a maximum
attendance of 200 persons per event (one event per day), seven times a week for a total of I ,400
person per week and the kitchen used four ( 4) times per week. Based on t his assumption, t he
proposed project would use a total of 268,894 gallons per year, or 0.8252 AFY. This equates to a
net surplus of 0.2458 AFY per the assumed water supply calculation of 1.07 1 0 AFY.
The project applicant is required to provide a wat er meter on-site that will be publicly accessible
for on-going monitoring of water use.
A summary of water supply and proposed demand is shown in Table 2: Proposed Project Water
Supply and Demand Estimate.
Table 2: Propose d Project Water Supply and Demand Estimate
Factor Water Use (AFY)
Water Supply
Existing Credit from Original Use 0.3750
Jody LeT owt Allocation 0.3495
Spinning Wheel Rest aurant Allocation 0.3465
Total Water Supply 1.0710
Water Demand
Kitchen Use 0.2976
Restrooms 0.3776
I 0% Contingency 0.0675
Landscaping 0.0825
Total Water Demand 0.8252
Net Surplus 0.2458
Planning and Entitlements
City of Carmel
Condit ional Use Permit for off-site parking
Commercial Construction Building Permit
Water allocation by City of Carmel Resolution
Other Public Agencies
Monterey Peninsula Water Management District - Water Permit
Alcoholic Beverage Control Permit (State of California)
COM MU NITY PLANNING & BUILDING I 19
193
Carmel Event Center
Compliance with the Federal Asbestos Standard and Air District Rule 424 for potential
removal of asbestos building materials (as administered through the Monterey Bay Unified
Air Pollution Control District)
Environmental Setting
Background and Intent
The I 6,000 sf project site is was originally the site of the Palo Alto Savings and Loan Association,
designed by Walter Burde in 1971 and has historically been occupied as a bank and, subsequent to
their closure, various retail uses.
Starting in 2004, the City spent several years reviewing a proposal for an 18,000 sf mixed-use
project at the subject property named the Plaza del Mar Mixed-Use Project. A Revised Final EIR
was issued in June of 2007 (SCH # 2003051 149). The project included the following components:
I) demolition of the existing structures and surface parking lot; 2) construction of a mixed-use
building with a total floor area of approximately 17,980 square feet and excavation for an
underground parking garage totaling approximately 26,540 square feet; 3) the mixed-use structure
would include approximately 14,530 square feet of apartments and condominiums and
approximately 3, 170 square feet of retail space; 4) open space of approximately 4,310 square feet,
and 5) a maximum building height of 30 feet
This project was denied by the City in November 2009 for various reasons, but primarily related to
preservation of the existing structure, and potential impacts associated with traffic and noise. The
building was most recently occupied by Jan De Luz Home Furnishings, but has been vacant for
more than a year.
Project Site and Existing Facilities
The project site is located in the City of Carmel and within the City's Core Commercial area as
designed by the General Plan. The 16,000 sf project site is currently developed with two buildings
totaling 5,357 square feet (sf) . The main building is 4,729 sf and is comprised of a main floor
(3,267 sf), a partial second floor (612 sf), and a basement (850 sf.).
Photos of the project site are shown in Figure 8: Photos of Proposed Project Site.
20 I C I TY OF CARMEL
194
Legend
6
N

01-2013
Carmel Event Center IS/MND
Aerial of Project Site
Figure 2
195
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X

Carmel Event Center IS/MND
Proposed Project Floor Plan
Figure 3
196
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, 022013
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Carmel Event Center IS/MND
Proposed Valet Parking Plan
Figure 4
197
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r::::::J Parking Location
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Valet Parking Access Routes and Parking Locations
Figure 5
198
Legend
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- Open Space/Recreation/Cultural
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Carmel Event Center IS/ MND
General Plan Land Use Designations
Figure 6
199
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j Carmel Event Center IS/MND
/). Zoning Designations
A- Co:pny I Figure 7
200
Source: RBF Consuning (2013)

Carmel Event Center IS/MND
Photos of Proposed Project Site
Figure Sa
201
Carmel Event Center IS/MND
Photos of Proposed Project Site
Figur e 8b
202
Source: RBF Consuning (2013)

Carmel Event Center IS/MND
Photos of Proposed Project Site

Figure 8c
203
Source: RBF Consuijing (2013)
01-2013
Carmel Event Center IS/MND
Photos of Proposed Project Site
Figure 8d
204
Source: RBF (2013)
Carmel Event Center JS/MND
Photos of Proposed Project Site
Figure 8e
205
Initial Study
Il l. Environment al Checklist
Envi ronmental Factors Potentially Affected by the Project
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the
following pages.
Aesthetics Agricultural Resources Air Quality
Biological Resources Cultural Resources Geology I Soils
Hazards I Hazardous Hydrology I Water Quality Land Use I Planning
Materials
Mineral Resources Noise Population I Housing
Public Services Recreation Transportation I Traffic
Utilities I Service Systems Mandatory Findings of Significance
Instructions
I. A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question (see Source List, attached). A "No Impact" answer is adequately
supported if the referenced information sources show that the impact simply does not
apply to projects like t he one involved (e.g., the project falls outside a fault rupture zone).
A "No Impact" answer should be explained where it is based on project-specific factors as
well as general standards (e.g., the project will not expose sensitive receptors to pollutants,
based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-
site, cumulative as well as project-level, indirect as well as direct, and construction as well as
operational impacts.
3. Once t he lead agency has determined that a particular physical impact may occur, t hen the
checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if t here is substant ial evidence that any effect may be significant. If there are
one or more "Potentially Significant Impact" entries when the determination is made, an EIR
is required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated: applies where
incorporation of mitigation measures has reduced an effect from "Potentially Significant
Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level.
5. Earlier Analysis may be used where, pursuant to the tiering, program EIR, or other CEQA
process, one or more effects have been adequately analyzed in an earlier EIR or negative
C OMMUNITY PLA N NIN G & BUIL DI N G I 21
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Carmel Event Center
declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets:
a. Earlier analysis used. Identify earlier analyses and state where they are available for
rev1ew.
b. Impacts adequately addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
c. Mitigation measures. For effects that are "Less than Significant with Mitigation
Incorporated," describe the mitigation measures, which were incorporated or
refined from the earlier document and the extent to which they address site-
specific conditions for the project.
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Carmel Event Cent er
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
I. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources, including
but not limited to trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substant ially degrade the existing visual
character or quality of the site and its surroundings?
d) Create a new source of substantial light or glare,
which would adversely affect day or nighttime views
in the area?
Discussion
(a through c)
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X
X
X
X
The proj ect site is currently developed with two bui ldings totaling 5,357 square feet (sf).
The proposed project includes a number of interior refurbishments, includi ng t he
installation of a kitchen to provide a full range of food and beverage services and expansion
of t he existing restrooms. All building alterations would occur within the existing building
footprint would remain unchanged. Exterior alterations would be limited to
reconfiguration of the existing parking lot and minor landscape.
Because the site is located in an existi ng urban setting and only minor modifications are
proposed. As such, the proposed project will not substantially change the aesthetics and
visual character of t he si te or surrounding neighborhood and is therefore considered to
have no impact.
(d)
The existing bui lding contains exterior lighti ng. Any refurbishment/upgrade to the exterior
light ing would be designed consistent with City requirements ( CMC 15.36.070 Lighting
Requirements) including a maximum of 25 watts on lighti ng attached t o buildings and I S
watts for landscaping. Therefore, there would be no new sources of substantial light or
glare, which would adversely affect day or nighttime views in the area and is ther efore
considered t o have no impact.
2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural
resources are significant environmental effects, lead agencies may refer to the California
Agricultural Land Evaluation and Site Assessment Model ( 1997) prepared by the California
Department of Conservation as an optional model to use in assessing impacts on agriculture
and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
24 I C I T Y OF CARMEL
X
208
Initial Study
Potent iall y
Signifi cant
Potent ially Unless Less Than
ENVIRONMENTAL IMPACTS
Significant Mitigation Significant No
Issues Incorporated Impact Impact
Issues (and Supporting Information Sources):
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency. to non-agricultural use?
b) Confiict with existing zoning for agricultural use,
X
or a Williamson Act contract?
c) Involve other changes in the existing
environment, which due to their location or nature,
could result in conversion of Farmland to non-
X
agricultural use?
Discussion
(a-c)
The proposed project is located in an existing developed community and no development
on land designated agriculture will occur (Carmel General Plan, 2003). As such, t he
proposed project would have no significant impact to agricultural resources and is
therefore considered to have no impact.
3. AIR QUALITY. Where available, the significance criteria established by the applicable
air quality management or air pollution control district may be relied upon to make the
following determinations. Would the project:
a) Confiict with or obstruct implementation of t he
X
applicable air qual ity plan?
b) Violate any air quality standard or contribute to
an existing or projected air quality violation?
X
c) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an applicable
federal or state ambient air quality standard
X
(including releasing emissions, which exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial
pollutant concent rations?
X
e) Create objectionable odors affecting a
X
substantial number of people?
Discussion
(a-c)
The project site is located in the North Central Coast Air Basin (NCCAB) . which is under
the jurisdiction of the Monterey Bay Air Pollution Control District (MBUAPCD). In March
1997 the air basin was redesignated from a "moderate non-attainment" area for the
COMMUN I T Y PL A NNI N G & BU I LD I NG I 25
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Carmel Event Center
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
federal ozone standards to a " maintenance/attainment" area. The NCCAB is currently in
attainment for the federal PM I 0 (particulate less than I 0 microns in diameter) standards
and state and federal nitrogen dioxide, sulfur dioxide and carbon monoxide standards. The
NCCAB is classified as a non-attainment area for the state ozone and PM I 0 standards.
Short-term Construction Emissions
The proposed project would result in short-term construction emissions with
implementation of the proposed project. This would include interior demolition and new
construction and reconfiguration of an exterior parking lot.
Construction activities are generally short-term in duration, but may still cause adverse air
quality impacts. Typical construction emissions result from a variety of activities including
exterior alteration of existing structures, excavation, grading, and vehicle and equipment
exhaust. These emissions can lead to adverse health effects and cause nuisance concems,
such as reduced visibility and t he generation of dust. Emissions produced during grading
and construction activities are "short-term" because they occur only during the
construction phase of the proposed project. Construction emissions would include the
on-site and off-site generation of mobile source exhaust emi ssions as well as emissions of
fugitive dust associated with earth-moving equipment.
Because the proposed project is less than one acre and involves only minor construction
activity, it is not anticipated to result in a short-term increase in fugitive dust that could
exceed MBUAPCD significance thresholds (e.g. result in grading of more than 2.2 acres per
day) in accordance with MBUAPCD CEQA guidelines. As a result, fugitive dust emissions
from construction activities are not anticipated to contribute to regional non-attainment air
qual ity conditions and would be considered a less than significant impact.
The use of construction equipment could result in the generation of diesei-PM emissions
during construction. Exhaust emissions are typically highest during the initial si te
preparation, particularly when a project requires extensive site preparation (e.g., grading,
excavation, etc.) involving a large number of construction equipment. Because short-term
construction activities would be very limited and are considered minor, they would not
contribute to regional non-attainment air quality conditions and is therefore considered
less than significant.
Long-t erm Operational Emissions
Operational emissions are consider ed long-term because they continue indefinitely. The
proposed project would result in long-term area source and mobile source emissions with
implementation of the proposed project. Area source emissions would include natural gas
combustion, hearth fuel combustion, landscape fuel combustion, consumer products, and
architectural coatings. The proposed project would include only minor the refurbishment
26 I C I T Y OF CARMEL
210
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Initial Study
Less Than
Significant
Impact
No
Impact
of interior spaces and minor reconfiguration of the parki ng lot This would be considered
less than significant in accordance with the Monterey Bay Unified Air Pollution Control
District's CEQA Guidelines (fable S-4: Indirect Sources with Potentially Signifi cant Impacts
on Ozone).
Mobile Source Emissions
The proposed project would not increase the existing bui lding footprint and the total
building square footage would be reduced. Additionall y, an average of no more than seven
(7) events would occur per week. and therefore would not substantially increase average
daily traffic trips such that the project would significantly cont ribute to long-term emissions
when compared to the existing approved use (e.g. a bank). Therefore, mobile source
emissions on local and regional air quality would be considered less than significant.
Carbon Monoxide
The most significant local air pollutant is carbon monoxide (CO). The primary source of
CO resulting from implementation of the proposed project would be automobile traffic.
Because there would be no substantial increase average daily traffic trips, the proposed
project would not result in a significant contribution to localized mobile-source CO
concentrations that would exceed applicable air quality standards. Therefore, the
proposed project would result in a less than significant impact to localized CO
em1sstons.
Greenhouse Gas Emi ssions
California is a substantial contributor of global greenhouse gases, emitting over 400 million
tons of C0
2
a year. Climate studies indicate that California is likely to see an increase of
three to four degrees Fahrenheit over the next century. Due to the nature of global
climate change, it is not anticipated t hat any single development project would have a
substantial effect on global climate change.
Project related greenhouse gas emissions include emissions from area sources and mobile
sources. The primary source of greenhouse gas emissions resulting from implementation
of the proposed project would be automobile traffic and from energy use within the
project site. Because there would be no substantial increase average daily traffic trips, and
new construction would comply with state building regulations (e.g. Title 24) and the City's
Green Building Program, the proposed project would have a less than significant
impact on localized greenhouse gas emissions.
(d)
The MBUAPCD defines sensitive receptors as facilities that house or attract children, the
elderly, people with illness, or others who are especially sensitive to airRollutants. The
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CarTY'iel Event Center
Potentially
Significant
Potentially Unless Less Than
ENVIRONMENTAL IMPACTS
Significant Mitigation Significant No
Issues Incorporated Impact Impact
Issues (and Supporting Information Sources):
sensitive receptors closest to the project site consist of single-family residential homes.
However, as noted above, construction and operation of the proposed project would not
result in substantial pollutant concentrations and impacts on sensitive receptors would be
considered less than significant.
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ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Potentially
Significant
Issues
4. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly
or t hrough habitat modifications, on any species
identified as a candidate, sensitive, or special-status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to,
marsh, vema! pool, coastal, etc.) through direct
removal, filling, hydrological interruption, or other
means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional,
or state habitat conservation plan?
Discussion
(a-d)
Potentially
Significant
Unless
Mitigation
Incorporated
Initial Study
Less Than
Significant
Impact
X
No
Impact
X
X
X
X
X
The project site is completely developed and there are no natural areas on the site. The
project site is not located within the City's Environmentally Sensitive Habitat Overlay
. District (ESHA) as described in CMC 17.20, Article V, and is therefore considered to have
no impact.
The proposed improvements will not result in removal of habitat and therefore considered
to have no impact.
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ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
(e)
Potentially
Signifi cant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
There are 14 pine trees on site, ranging in size from five (5) inch diameter to 28 inch
diameter. While a number of these trees are in poor health and some have Pitch Canker,
these trees will remain. The only modification will be potential impacts to the root zone
associated with reconfiguration of the surface parking lot
Policy 1-45 of the Land Use Element of the General Plan requires that new development
be located at least six (6) feet from any significant tree.
The proposed project woul d retain all existing trees on the property and no trimming or
modij)ting to the existing trees is proposed. Construction activities will include re-
contiguration of the curb that currently "zigzags" along the eastern and southern edges of
the property, some adjacent to and within six (6) feet of t he base of the existing pine trees.
For the purpose of safeguarding trees during construction, demolition or tree removal. t he
project applicant will be required to conform with the City's t rees and shrubs protection
ordinance ( 17.48. 1 I 0) which shall apply to all trees other than trees for which a removal
permit has been issued. Protection requirement s include a det ai led inventory of the
location and condition of all trees, keeping unsafe chemicals (e.g. gasoline and oil) out of
the drip li ne of any tree, erect ing protective bani cades around all trees, preventing
exposed soil from drying out and causing damage to tree roots, and spaying the lower six
feet of all pine tree trunks with pesticide for t he treatment of bark beetles, and reporting
any damage to trees as a result of construction immediately to the City Forester.
Because no trees are proposed to be removed or modified, and the applicant will be
required to adhere to existing City regulations regarding the protection of trees during
construction, there would be no conflict with any local policies or ordinances protecting
biological resources, and therefore impacts are considered less than significant.
(f)
The proposed project is located within an existing developed urban area and is not located
within the City's designated Environmentall y Sensitive Habitat Overlay District (ESHA.
Chapter 17.20, Article V). There woul d be no confli cts wit h City' adopted conservation
plans and therefore no impact is anticipated.
30 I C I TY OF C ARM EL
214
Initial Study
Potentially
Significant
Potentially Unless Less Than
ENVIRONMENTAL IMPACTS
Significant Mitigation Significant No
Issues Incorporated Impact Impact
Issues (and Supporting Information Sources):
s. CULTURAL RESOURCES. Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource as defined in
X
CEQA Guidelines section I 5064.5?
b) Cause a substantial adverse change in t he
significance of an archaeological resource pursuant
X
to section 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
X
feature?
d) Disturb any human remains, including those
interred outside of formal cemeteries?
X
Discussion
(a-d)
The proposed project includes only interior refurlJishments and the exterior of the existing
building would remain unchanged. Ground disturlJance would be limited t o minor
reconfi guration of the existing parking lot. Given these minor alternations, there would be
no substantial adverse change to si gnifi cant historical and/or archaeological resources and
therefore no impacts are antici pated.
6. GEOLOGY AND SOILS. Would the project expose people or structures to potential
substantial adverse effects, including the risk of loss, injury, or death involving:
a) Expose people or structures to potential
substantial adverse effects, including the risk of loss,
injury or death involving:
i. Rupture of a known earthquake fault, as
del ineated on the most recent Alquist-
Priolo Earthquake Fault Zoning Map issued
by the State Geologist for the area or based
X
on other substantial evidence of a known
fault? Refer to Division of Mines and
Geology Special Publicat ion 42?
II. Strong seismic ground shaking?
X
Ill. Seismic-related ground failure, including
liquefact ion?
X
IV. Landslides?
X
b) Would the project result in substantial soil
X
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Cannel Event Center
Potentially
Significant
Potentially Unless Less Than
ENVIRONMENTAL IMPACTS
Significant Mitigation Significant No
Issues Incorporated Impact Impact
Issues (and Supporting Information Sources):
erosion or the loss of topsoil?
c) Would the project be located on a geologic unit
or soil that is unstable, or that would become
unstable as a result of the project, and potentially
X
result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Would the project be located on expansive soil,
as defined in Table 18-1-B of the Uniform Building
X
Code ( 1994), creating substantial risks to life or
property?
e) Would the project have soils incapable of
adequately supporting the use of septic tanks or
alternative wastewater disposal systems where
X
sewers are not available for the disposal of
wastewater.
Discussion
(a-e)
The proposed project includes only interior refurbishments and the exterior of the existing
building would remain unchanged. Ground disturbance would be limited to minor
reconfiguration of the existing parking lot The existing structure has been constructed to
withstand earthquakes and other potential geological hazards. Given these minor
alternations, there would be no substantial adverse change to geologic and soi l resources
and t herefore no impacts are anticipated.
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or X
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
X
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or waste X
within ~ mile of an existing or proposed school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
X
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or
3 2 I CITY OF CARMEL
216
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
the environment? (V.I3)
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
airport, would the project result in a safety hazard
for people residing or working in the project area?
f) For a project within the vicinity of a private
airstrip, would the project result in a safety hazard
for people residing or working in the project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant risk
of loss, injury or death involving wildland fires,
including where wildlands are adjacent to urbanized
areas or where residences are intermixed with
wildlands?
Discussion
(a-h)
Potentially
Significant
Issues
Potentially
Signiftcant
Unless
Mitigation
Incorporated
Initial Study
Less Than
Significant
Impact
No
Impact
X
X
X
X
The existing structure was designed in 1971 and constructed in 1972. Given it age, there
may be a potential for the presence of hazardous materials including asbestos and lead
paint However, the proposed project would be required to comply with the Monterey
Bay Unified Air Pollution Control District's Rule 424 (National Emission Standards for
Hazardous Air Pollutants), which applies to renovation or demolition of existing buildings in
order to identify the presence of and remove any asbestos containing building materials
(ACBM) found at the project site. In accordance with Rule 424, all ACBM must be
removed by a certified asbestos contractor in accordance with CAL-OSHA requirements.
The proposed project would also be required to comply with Rule 439 (Building
Removals) in order to limit particulate emissions associated with the removal and
demolition of buildings.
The proposed project would not use any hazardous materials as part of their operation.
The proposed project is not located within the vicinity of an airport, and is not located
within an area identified as prone to wildland fires as identified in the City's General Plan.
Therefore, the project is considered to have no impact on hazards and hazardous
materials.
8. HYDROLOGY AND WATER QUALITY. Would the project:
a) Violate any water quality standards or waste
discharge requirements?
X
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217
Carmel Event Center
Potentially
Significant
Potentially Unless Less Than
ENVIRONMENTAL IMPACTS
Significant Mitigation Significant No
Issues Incorporated Impact Impact
Issues (and Supporting Information Sources):
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge
such that there would be a net deficit in aquifer
volume or a lowering of the local ground water
table level (for example, the production rate of pre-
X
existing nearby wells would drop to a level which
would not support existing land uses or planned
uses for which permits have been granted)?
c) Substantially alter the existing drainage pattem
of the site or area, including through the alteration
of the course of a stream or r iver, in a manner,
X
which would result in substantial erosion or siltation
on- or off-site.
d) Substantially alter the existing drainage pattem
of the site or area, including through the alteration
of the course of a stream or river, or substantially
increase the rate or amount of surface runoff in a
X
manner, which would result in flooding on- or off-
site.
e) Create or contribute runoff water which would
exceed the capacity of existing or planned storm
X
water drainage systems or provide substantial
additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
X
g) Place housing within a I 00-year flood-hazard
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or other
X
flood hazard delineation map?
h) Place within a I 00-year flood-hazard area
structures, which would impede or redirect flood
X
flows?
i) Expose people or structures to a significant ri sk
of loss, injury or death involving flooding, including
X
flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
X
Discussion
(a-j)
The proposed project includes only interior refurbishments and the exterior of t he existing
building woul d remain unchanged. Ground disturbance would be limited to minor
34 I CITY OF CARMEL
218
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
reconfiguration of the existing parking lot.
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigat ion
Incorporated
Initial Study
Less Than
Significant
Impact
No
Impact
Carmel Bay is consi dered an Area of Special Biological Significance (ASBS) by the State
Water Resources Control Board (SWRCB) . This City operates under the General Permit
issued to the Monterey Regional Storm Water Permit Participants Group issued by the
Regional Water Quality Control Board (RWQCB) for storm water runoff that affects
Carmel Bay.
The City has adopted the Beast Management Practices Guidance Series found in Appendix
E of the Monterey Regional Storm Water Management Program. The Guidance Series
describes Best Management Practices designed to reduce the discharge of pollutants from
the municipal separate storm sewer systems to the maximum extent practicable, to
protect water quality of the ASBS, and to satisfy the appropriate water quality
requirements of the Clean Water Act.
Minor impacts to surface water quality could result from the project during construction.
The proposed project will be required to adhere t o City's adopted the Beast Management
Practices Guidance Series and therefore no impacts hydrology and water are anticipated.
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Carmel Event Center
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Potentially
Significant
Issues
9. LAND USE AND PLANNING. Would the project:
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy,
or regulation of an agency with jurisdiction over the
project (including, but not limited to the general
plan, specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable Habitat
Conservation Plan or Natural Community
Conservation Plan?
Discussion
(a-b)
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
X
X
X
The project site has a General Plan Designation of Core Commercial and a Zoning
designation of Service Commercial (S-C) (see Figure 6: General Plan Land Use
Designation and Figure 7: Zoning Designations). The Carmel Municipal Code (CMC)
Section 17.14.050, describes the regulations that apply to all commercial districts including
the S-C zone. Because the proposed project will not result in a net increase in the amount
of commercial floor area, a conditional use permit and coastal development permit is not
required. However, a conditional use permit is required for the proposed off-site parking.
The primary use of the site would be for special events that would occur on a regular basis.
This would include meetings, small conferences, wedding receptions, cooking
demonstrations, etc. These types events are most characteristic of a "community center"
as defined by the Zoning Code (CMC Section 17.68.040):
Community Centers. Any public, private, commercial, or nonprofit facility established to
provide social, educational, recreational. or cultural programs, meetings, or lectures, or
similar activities. Examples include conference facilities, meeting rooms, youth centers,
and senior centers. This classification includes community facilities operated in
conjunction with an approved residential or commercial use that are not generally
available to the public.
Per CMC 17. 14.030, Community Centers are classified as a permitted use in the S-C zone.
Secondary uses would be retail sales associated with a particular event For example, this
could include wine sales associated with a wine tasting event. apparel sales associated with
a car event (e. g. the Concourse d'Eiegance ), and other minor miscell aneous sales as an
adjunct to a particular event These types of retail uses are most characteristic of a
36 I CITY OF CARMEL
220
Initial Study
Potentially
Significant
Potentially Unless Less Than
Significant Mitigation Significant No
Issues Incorporated Impact Impact
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
"specialty or theme retail use as defined by the Zoning Code (CMC Section 17.68.050):
Specialty or Theme. A retail store selling a specialized line of merchandise not
otherwise defined including art and architecture supplies, candles, coins and stamps,
gems, rocks and stones, telescopes, and binoculars. A theme store may combine
merchandise lines from several classifications with all merchandise organized around
a central concept or idea.
Per CMC 17.14.030, Retail is classified as a permitted use in the S-C zone.
The proposed project includes refurbishment of an existing building and the proposed use
is consistent with the City's General Plan and Zoning Code. The project is not located
within a Habitat Conservation Plan or Natural Community Conservation Plan. Therefore,
the proposed project will have no impact on land use and planning.
COMMUNITY PL AN N I NG & BU I LD I NG I 37
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Carmel Event Cent er
Potentially
Significant
Potentially Unless Less Than
ENVIRONMENTAL IMPACTS
Significant Mitigation Significant No
Issues Incorporated Impact Impact
Issues (and Supporting Information Sources):
I 0. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the X
region and the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
X
on a local general plan, specific plan, or other land
use plan?
Discussion
According to t he City's General Plan, there are no known mineral resources located within
t he City of Carmel and therefore, the project will have no impact on mineral resources.
II. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise
levels in excess of standards established in the local
general plan or noise ordinance or applicable
X
standards of other agencies?
b) Exposure of persons to or generation of
excessive ground borne vibration or ground borne
X
noise levels?
c) Substantial permanent increase in ambient noise
levels in the project vicinity above levels existing
X
without the project?
d) A substantial temporary or periodic increase in
ambient noise levels in the project vicinity above
X
levels existing without the project?
e) For a project located within an airport land use
plan or, where such a plan has not been adopted,
within two miles of a public airport or public use
X
airport. would the project expose people residing or
working in the project area t o excessive noise levels?
f) For a project within t he vicinity of a private
airstrip, would the project expose people resi ding or
X
working in the project area to excessive noise levels?
Discussion
(a-b)
Temporary noise impacts wil l occur as a result of construction- related activities.
Surrounding commercial and residential use may experience temporary noise caused by
38 I CITY OF CARME L
222
Potent ially
Significant
Unless
Initial Study
Less Than
ENVIRONMENTAL IMPACTS
Potentially
Significant
Issues
Mitigation
Incorporated
Significant No
Impact Impact
Issues (and Supporting Information Sources):
demolition of interior spaces and reconfiguration of the parking lot.
For projects requiring a building permit, the CMC ( 15.08.180 - Hours of Construction)
limits construction to between 8:00 a.m. to 6:30 p. m. Monday through Saturday, unless
other specified hours are approved or required by the Building Official or the Director of
the Department of Community Planning and Building. These hours apply in all land use
districts. The term "hours of construction" is defined as all t imes when builders,
contractors, work crews or other persons associated with the project are present on the
property and engaged in activities related to or including construction.
Given the fact that construction activities will be minor and largely limited to int erior
refurbishments and the fact that construction hours are limited to daytime hours, the
proposed project will not result in the exposure of persons to or generation of temporary
construction-related noise levels in excess of City standards and no impacts are
anticipated.
(c)
Long-term noise impacts may occur as a result of events such as wedding receptions,
conferences, meet ings, corporate events, etc. In some cases, the events may include
entertainment and/or recorded music which could cause noise impacts to adjacent
commercial and residential properties. No live music is proposed at this time.
As described in CMC 9.16.020 - Dances and Other Public Entertainment. public dances or
any form of entertainment in or on any premises where alcoholic beverages are sold and
served are generally prohibited. However, SMC 9. 16.020 - Playi ng Musical Instruments,
exempts the playing of music in conjunction with the sale or serving of alcohol during
private (nonpublic) events and during temporary uses/special events in certain cases per
authorization by the Director of Community Planning and Building. Such events are
required to comply with CMC 17.14.050(G)( I), noise restrictions and the Director shall
authorize no more than four public events per calendar year, per property.
Proposals exceeding four events per year require a use permit issued by t he Planning
Commission consistent with requirements established in SMC 9. 16.020(B) - Special
Exemption for Establishments Serving Alcoholic Beverages. In approving such permits, the
Commission shall consider all of the following:
I. Use permits are generally allowed only in t he Cent ral Commercial (CC) and
Servi ce Commercial (SC) districts.
2. A noise management plan must be prepared.
3. An acoustical evaluation shall be prepared to qualify the noise levels and to suggest
COMMUN I TY P LANN I NG & BUILD I N G I 39
223
Carmel Event Center
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Potentially
Significant
Issues
appropriate attenuation measures specific to the site.
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
lmpad
No
lmpad
4. Music performances are generally limited to hours between noon and I 0:00p.m.
daily, but may be fewer to address site-specific circumstances.
5. All conditional use permits shall require renewal every three years.
6. The use permit must be posted on the premises and will be monitored by the City
and failure of compliance may result in the revocation of the permit. Any three
violations within any 12-month period shall require revocation of the use permit by
the Planning Commission.
7. Live music permits shall not include karaoke activities.
While there is the potential for periodic noise from events occurring at the project site,
compliance with the above described regulations will reduce any substantial temporary or
periodic increase in ambient noise levels to a less than significant level.
(e-f)
The project site is not located within two miles of a public or private airport and therefore
is considered to have no impact.
40 I CITY OF CARMEL
224
Init ial Study
Potentially
Significant
Potentially Unless Less Than
ENVIRONMENTAL IMPACTS
Significant Mitigation Significant No
Issues Incorporated Impact Impact
Issues (and Supporting Information Sources):
12. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area,
eithe r directly (for example, by proposing new
X
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement
X
housing elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement
X
housing elsewhere?
Discussion
(a-c)
The proposed project would not result in an increased number of housing units or
population and t herefore is considered to have no impact.
13. PUBLIC SERVICES. Would the project result in substantial adve rse physical impacts
associated with the provision of new or physically altered governmental facilities or need for
new or physical altered governmental faci lities, t he construction of which could cause
significant environmental impacts, in order to maintain acceptable service ratios, response
times, or other performance objectives for any of t he public services:
a) Fire protection?
X
b) Police protection?
X
c) Schools? X
d) Parks?
X
e) Other publi c facil ities?
X
Discussion
(a-e)
The proposed project is a change of use and a refurbishment of an existing building which
would not result in increased physical impacts associated with provision of new or
physically altered government facilities. Therefore, the project is considered to have no
i mpact on public services.
14. RECREATION. Would the project:
a) Increase the use of existing neighborhood and
X
regional parks or other recreational facil ities such
that substantial physical deterioration of the faci lity
COMMUNI TY PL A NNING & BUI LDING I 41
225
Cannel Event Cent er
Potentially
Significant
Potentially Unless Less Than
ENVIRONMENTAL IMPACTS
Significant Mitigation Significant No
Issues Incorporated Impact Impact
Issues (and Supporting Information Sources):
would occur or be accelerated?
b) Include recreational facilities or require the
construction or expansion of recreational facilities
X
which might have an adverse physical effect on the
environment?
Discussion
(a-b)
The proposed project is a change of use and a refurbishment of an existing building which
would not result in an increased use of existing parks or recreation facilities and is
therefore consi dered to have no impact.
IS. TRANSPORTATION/TRAFFIC. Would the project:
a) Conflict with an applicable plan, ordinance, or
policy establishing measures of effectiveness for the
performance of the circulation system, taking into
account all modes of transportation including mass
transit and non-motorized travel and relevant
X
components of the circulation system, including but
not limited to intersections, streets, highways and
freeways, pedestrian and bicycle paths, and mass
transit?
b) Conflict with an applicable congestion
management program, including, but not limited to
level of service standards and travel demand
X
measures, or other standards established by the
county congestion management agency for
designated roads or highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
X
location that results in substantial safety risks?
d) Substantially increase hazards due to a design
feature (for example, sharp curves or dangerous
X
intersections) or incompatible uses (for example,
farm equipment)?
e) Result in inadequate emergency access?
X
f) Conflict with adopted pol icies, plans, or
programs supporting regarding public transit, bicycle,
X
or pedestrian facilities, or otherwise decrease the
performance or safety of such facilities?
42 I C I TY OF CARMEL
226
Initial Study
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Discussion
(a-f)
Short-term
Pot ent ially
Significant
Issues
Potentially
Significant
Unless
Mit igation
Incorporated
Less Than
Significant
Impact
No
Impact
During the construction phase the site will be accessed by construction vehicles such as
haul trucks, loaders, delivery trucks and other construction related equipment These
vehicles would be relatively few and would not conflict with normal traffic pattems in the
area and therefore there would be no impact to short-term traffic and transportation
conditions.
Long-term
Parking Demand and Supply
Special events such as those proposed typically have a vehicle occupancy rate of two
persons per vehicle, resulting in a maximum guest parking demand of about 97 vehicles
( 194 occupancy limit /2) (Hatch Mott MacDonald, 1/29/13, see Appendix A). Parking
demand for event staff (e.g. cooks, servers, entertainment, valets and security) is expected
to be about 23 additional cars. Thus the total parking demand for typical facilities (per
national standards) would be 120 vehicles. Smaller events such as classes and meetings
could have one person per vehicle, but will have lower attendance.
This parking estimate is considered worst-case and is unlikely given the unique
circumstances associated with events in Carmel. Carmel is an internationally-recognized
visitor destination and many guests who come to Carmel stay at local hotels/motels and
walk. Visitors not staying overnight tend to park once and walk to multiple destinations
(i.e. Carmel Beach, shops, restaurants, etc.). Based on informal surveys of existing wedding
venues and hotels, at least one half of weddings in the Carmel area are for out-of-town
wedding participants, who tend to stay in local visitor accommodations (Hatch Mott
MacDonald, 1/29/13). Furthermore, while guests will be encouraged to use the valet
service, which will be announced as part of event promotion (flyers, tickets, etc.), some
guests will choose to park themselves on surface streets and walk. This will be no different
than for most other businesses in downtown Carmel, many of which have no on-site
parking supply and no valet service.
Given this circumstance, it was determined that a conservative estimate of 25% of the
guests attending an event at the proposed project site would be arriving as pedestrians
(RBF Consulting).
The Carmel Plaza garage has I I 0 parking spaces. In 2012, there were 19,967 transactions
from the parking machines at the Carmel Plaza garage. Assuming an equal number of
transactions per day as an average, 55 spaces would be used per day with 55 spaces being
COMM UNITY PLANN IN G & B U I LD ING I 43
227
Carmel Event Center
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
vacant (50%). On average, the actual number of spaces being utilized at any one time
would be less given the fact that most cars would not park at the Sunset Center all day.
Parking availability during the evening would be greater when the retail stores are closed.
Sunset Center has three separate parking areas, herein referred to as the 8th Avenue lot
( 135 spaces), the San Carlos lot (52 spaces) and t he Mission Street lot (30 spaces) (See
Figure 5: Valet Parking Access Routes and Parking Locations). The proposed project
would utilize the 8th Avenue lot only. In 2012, there were 19,3 12 transactions from the
parking machines at the Sunset Center- 8
1
h Avenue lot. Assuming an equal number of
transactions per day as an average, 52 spaces would be used per day with 83 spaces bei ng
vacant (61 %). Similar to the Canmel Plaza garage, the actual number of spaces being
utilized at any one time would be less. Peak parking would occur during evening events at
the Sunset Center and during special events elsewhere in Canmel.
On average, t he total estimated number of available parking spaces between the Canmel
Plaza Garage (55 spaces) and the Sunset Center 8th Avenue lot (83 spaces) would be
approximately 138 spaces.
The number of vacant spaces at any given time would vary depending on the t ime of day
and the occurrence of other events and activities. For example, parking availability is
expected to be generally lower in the Canmel Plaza garage during the daytime hours when
the retail stores are open and great during the eveni ng when they are closed. Conversely,
parking availability at t he Sunset Center is expected t o be higher duri ng the daytime as it is
farther from the commercial core, and less in t he evening when there is an event occurring.
As such, valet parking management will be complementary between the two sites and is
expected to be managed effectively by NP&V without the need to accommodate any
additional off-site parking.
As shown in Table 3: Estimated Project Parking Demand & Supply, the proposed project
would result in a net requirement of 66 off-site guest parking spaces, which is well under
t he 138 average number of parking spaces that would be available at the Canmel Plaza
garage and the Sunset Center- 8th Avenue lot.
44 I CITY OF CARMEL
228
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Potentially
Significant
Issues
Table 3: Estimated Project Parking Demand & Supply
Potentially
Significant
Unless
Mitigation
Incorporated
Parking Demand
Factor (spaces)
Maximum Guests Parking Demand 97
Less Guest Credit (25%) (24)
Guest Parking Demand 73
Vendor/Employee Parking Demand 23
Total Parking Demand 96
Total On-site Parking Supply 20
1
Net Off-Site Guest Parking Demand 76
Available Off-Site Average Parking Supply
2
138
Notes:
(I) Assumes some cars will remain on site including "select" valet vehicles and vendor delivery vehicles.
(2) Carmel Pari<ing Garage and Sunset Center- 8"' Avenue lot
Source: RBF Consulting and Hatch Mott MacDonald, 2013.
Traffic and Circulation
Initial Study
Less Than
Significant
Impact
No
Impact
This section addresses potential impacts to traffic and circulation as a result of t he
proposed project. The analysis is drawn from a transportation analysis prepared by Hatch
Mott MacDonald (February 27 20 13, see Appendix A) and analysis conducted by RBF
Consulting.
The proposed project would generate a total of 96 net trips coming to and from the
project (see Table 3), for a total of 192 average daily trips. This trip count assumes that
vehicles that stop at the project site to be valet parked are treated simil ar t o "pass
t hrough" trips and therefore are counted as one trip via the project site but ultimately t o
the parking garage (and the same in reverse) (RBF Consulting). The existing permitted use
for which the building was constructed is a bank. Based on the Institute ofT ransportation
Engineers (ITE) Trip Generation Manual 9th Ed., the existing 5,375 SF bank would generate
397 trips daily, including 32 and 65 trips in the AM and PM peak hours, respectively (RBF
Consulting). Based on this fact, t he proposed project would generate 205 fewer average
daily t rips t han the existing permitted use.
Based on the nature of the events, Saturday was considered the worst-case scenario when
there would likely be the largest event. Saturday mid-day peak-hour trips were estimated
to be 65 trips in and 65 trips out (Hatch Mott MacDonald, 20 13). Six intersections were
anal zed to determine otential im acts at intersections ad'acent to the ro.ect site
COMMUNITY PL AN NING & BU I LD I NG I 45
229
Carmel Event Center
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Potentially
Significant
Issues
Potent ially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
including Dolores, Street. t h Street. and Ocean Avenue. Operations of these intersections
during the Saturday midday peak hour are all better than the City of Carmel's level of
service (LOS) standard of "D". The amount of traffic generated by the project would not
be sufficient to represent a significant impact upon the operations of t hese intersections
(see Table 4, Appendix A).
Given the fact that there is a sufficient supply of off-site parking. t hat t he proposed project
would generate 21 0 fewer average daily trips as compared to the existi ng permitted use,
and that the proposed project would not cause a significant impact on t he adjacent
intersections. the proposed project would have no impact on long t erm parking and
traffic and circulation.
The proposed project is located 5+ miles from the Monterey Airport and t herefore would
not result in a change in air traffic patterns. No changes to public roadways are proposed
t hat therefore would not substantially increase hazards due t o a design feature or result in
inadequate emergency access. Because there are no changes to the public roadways and
no impacts to traffic circulation, the proposed project would not conflict with adopted
poli cies, plans. or programs supporting regarding public t ransit , bicycle, or pedestrian
facil ities, or otherwise decrease the performance or safety of such faci lit ies. As such there
would be no impacts.
46 I C I TY OF C ARM EL
230
Initial Study
Potent ially
Significant
Potentially Unless Less Than
ENVIRONMENTAL IMPACTS
Significant Mitigation Significant No
Issues Incorporated Impact Impact
Issues (and Supporting Information Sources):
16. UTILITIES AND SERVICE SYSTEMS. Would t he project:
a) Exceed wastewater treatment requirements of
the applicable Regional Water Quality Control
X
Board?
b) Require or result in the construction of new
water or wastewater treatment facilit ies or
X
expansion of existing facilities, t he construction or
which could cause significant environmental effects?
c) Require or result in the construction of new
storm water drainage facilities or expansion of
existing facil ities, the construction of which could
X
cause significant environmental effects
d) Have sufficient water supplies available to serve
the project from existing entitlements and resources, X
or are new or expanded entitlements needed?
e) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
X
project projected demand in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
X
disposal needs?
g) Comply with federal, state, and local statutes
X
and regulations related to solid waste?
Discussion
(a-c and e)
The proposed project is a change of use and a refurbishment of an existing building which
is already served by the City's existing sewer system and therefore would not exceed
wastewater treatment requirement s of the Regional Water Quality Control Board nor
require or result in the construction of new water or wastewater treatment faci lities or
expansion of existing facilities. The project site is also served by the City's existing
stormwater syst em and therefore would not require or result in the construction of new
storm water drainage facilities or expansion of existing facilities. Therefore, there would be
no impact to the existing sewer and stormwater facilities.
COMMUNITY PLANNING & BUIL DING I 47
231
Carmel Event Cent er
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
(d)
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
As noted in Table 2: Proposed Project Water Supply and Demand Estimat e, the proposed
project has an estimated water supply of I .07 1 AFY and would generate a water demand
of 0.8252 AFY, resulting in a net surplus of 0.2458 AFY (Axiom Engineers, 2/07 I 13 [see
Appendix B]). This estimated water supply assumes the proposed project receives the
necessary water allocations (namely, the Jody LeTowt allocation and the Spinning Wheel
restaurant allocation, as described in the project description above) from the City of
Carmel.
Monterey Peninsula Water Management District Requirements
The proposed project will require a water permit from the Monterey Peninsula Water
Management District (MPWMD or the District). A water permit allows an applicant to
obtain a building permit to change a use or an existing water fixture. A water permit is
also needed to set additional water meters or to change the size of an existing water
meter. All intensifications in use according to District Rule 24, Table II require water
permits.
The credit available from previous occupancy (a bank) was determined using the existing
square footage of the building (5.357 sq.-ft.) and applying a use factor based on the type of
occupancy. In t hi s case, the MPWMD Group I Use Factor, (0.00007 ac-ft. per sq.-ft.) from
Table 2: Non-Residential Water Use Factors. Subsequent use as a retail establishment was
allowed under the same use. The square footage, under Group I allows for 0.3750 acre-
feet water credit per year.
The proposed facil ity that falls under two categories. Group Ill - Miscellaneous Use applies
to t he publicly accessible occupied space (in this case a Meeting Hall ) at a rate of 0.00053
ac-ft. per sq.-ft. , or 2.06 ac-ft. per year. The usable basement space is 540 sf, which falls
under Group I category at 0.00007 ac-ft. per sq.-ft., which is 0.04 AFY. This results in a
total use of 2.1 0 AFY based on standard estimated uses for the Meeting Hall category.
Given t he "special circumstance" of the proposed use as an event center and the absence
of a comparable water use factor in Table II, the project applicant funded a study to
analyze potent ial water use based on actual proposed use characteristics, consistent with
MPWMD Rule 23 E (2). The applicant also proposes to remove all existing water fixtures
and replace them with low flow water fixtures as required by MPWMD (see MPWMD Rule
143 - Water Efficiency Standards for Existing Non-Residential Uses) .
For the purposes of evaluating water demand, the project appli cant assumed a maximum
attendance of 200 persons per event (one event per day), seven times a week for a total
of I ,400 person per week and t he kitchen used four{-4)_ times per week. Water use
48 I CIT Y OF CARMEL
232
Initial Study
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Potentiall y
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
characteristics were analyzed according to the three different types of water use
facilities/amenities, namely: (I) restroom use, (2) kitchen use and (3) landscaping. Based on
these assumptions, the proposed project was estimated to use a total of 268,894 gallons
per year, or 0.8252 AFY (Axiom Engineers, 2/07 I 13).
To receive a water permit, MPWMD requires the applicant to submit building plans and
complete a Water Release Form and Water Permit Application. MPWMD also requires
that a third party opinion be provided regarding water usage estimates (in this case, the
Carmel Event Center Water Use Study prepared by Axiom Engineers, 2/07 I 13).
All water permits issued with a finding of a Special Circumstance is subject to a number of
requirements as defined in Rule 24 E (6). These include the following:
c. The jurisdiction (in this case the City of Carmel) shall acknowledge in writing to the
District that annual average water use above the preliminary Estimated Annual Water
Use Capacity shall either result in a debit to its Allocation or shall require additional
action to reduce or offset water use as authorized by the District Board.
d. Approval of Special Circumstances with Substantial Uncertainty is valid for thirty-six
(36) months. The project shall be completed within thirty-six (36) months of District
approval. One extension of time for twelve ( 12) months will be granted by the General
Manager upon evidence of due diligence by the Applicant.
f The property owner shall agree to allow public access to water consumption records
for the life of the Project. Access shall be authorized by recordation of the appropriate
deed restriction.
i. A water meter shall be installed to monitor exterior water use, apart from any
interior use. District staff shall have access to the water meters and consumption
reports upon reasonable request.
j. The property owner or his agent shall annually complete and submit a Special
Circumstances Review Form and applicable attachments to the District by March I.
The Special Circumstances Review Form shall require the property owner to provide
information about the Project's annual water use and practices, copies of the past year's
water bills, information about the performance of any special appliances, and other
information useful in reviewing Project-related water demand. The Special
Circumstances Review Form shall be submitted each year during construction and for
ten years following full occupancy after completion of the Project.
k. Water use will be reviewed annually after occupancy. If actual water use exceeds the
preliminary Water Use Capacity estimate during any annual review, the District will
COMMUNITY PLANNING & BU I LD I NG I 49
233
Carmel Event Center
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Signifi cant
Impact
No
Impact
debit the Jurisdiction's Allocation for the difference. At the end of the monitoring
period, if the average annual water use exceeds the preliminary Water Use Capacity
estimate, the District will determine whether the Jurisdiction shall transfer some of its
Allocation to the Project, or whether the Applicant shall pay the cost of District-
approved water conservation projects within the District or on the Project Site to
establish Water Use Credits to offset the increased increment of water needed by the
Project.
City Carmel Water Management Program
The City's Water Management Program (CMC Section 17.50) was established by the City
based on its recognition of the need to conserve and manage its water resources to
achieve adopted land use planning objectives. The water resources of the City are
presently derived from a water allocation system implemented by the Monterey Peninsula
Water Management District. The purpose and intent of the Water Management Program
is to:
A. Reduce unnecessary water consumption in existing and new development;
B. Provide a process for dedication of the City's limited water resources in new
development;
C. Establish a process for determining the broad land use categories to be served
through allocations of existing and future water resources available to the City; and
D. Implement the General Plan and Coastal Land Use Plan.
Section 17.50.30 establishes procedures that City shall follow for locally allocating its water
supplies to land use categories and to an unallocated reserve, and permitting procedures
for proposed project that would result in net increases in water demand. The Planning
Commission is required to review water allocations for consistency with the General Plan
and the Local Coastal Program in December of each year and forward any
recommendations for change to the City Council.
Before adoption of an allocation resolution, the City Council shall consider
recommendations on the appropriate distribution of water to implement the General Plan
and the Local Coastal Program as determined by the Planning Commission. Each allocation
resolution shall reserve at least I 0 percent (I 0%) of available water resources for projects
that will create new affordable housing units for moderately low-, low- or very low-income
households. Each allocation resolution also shall ensure that water is reserved for
anticipated projects serving coastal recreation, access and essential public services.
Water held in unallocated reserves shall not be used for any project or land use change
50 I CITY OF CARMEL
234
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Initial Study
Less Than
Significant
Impact
No
Impact
until transferred to a defined allocation category. Reserves are intended to provide a
means of adjusting water allocations to respond to changing conditions and General Plan
policy.
Section 17.50.40 of the CMC states that no change in land use shall be allowed through
any permit or license that could result in a net increase in water use unless such change has
been approved in accordance with the water management program. In determining
whether a project may result in a net increase in water use, the CMC stipulates that the
regulations of the MPWMD shall be followed.
As shown in Table 4: City of Carmel Water All ocation, the City of Carmel's total water
allocation is 2.970 acre-feet. This all ocation is divided into I 0 categories. Description of
each allocation are described in Appendix C - City of Carmel 2006 Water Allocation
(Updated 2/25/ 13).
Table 4: City of Carmel Water Allocation
Category Allocation (AF)
I - Low and Very Low Income Housing
2 - Single Family Residential
3 - Mult i-Family Residential
4 - Commercial
S - Municipal
6 - Unallocated Reserve
7 - Mallery/ Pescadero Water Transfer
Reserve
8 - Spinning Wheel
9 - Forest Cottages Pre-commitment
I 0 - T rewett Court
Source: Gty of Carmel, 20 13.
Conclusions
0.507
0.0
0.0
0.0
0.224
1.69
0.1 06
0.334
0. 109
0.0
RBF Consulting conducted a peer review of the water use study and det ermined that the
analysis of proposed uses, frequency of events characteri stics (e.g. use of the kit chen four
times a week), frequency of bathroom use, and proposed water-saving features (i.e. water
savi ng fi xtures and minimal landscaping) were reasonabl e and consistent with the
calculations of anticipated water use.
COMMUNITY PLANNING & BUILDING I 5 1
235
Carmel Event Center
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Potentially
Significant
Issues
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
The City Council will ultimately make the determination to approve the allocation for the
water. This action will require the City to approve the water allocation as described
above. MPWMD is a Responsible Agency and will have the ultimate authority to
determine the validity of the study and whether t o issue a water permit for the proposed
project.
Based on the analysis presented in the Carmel Event Center Water Use Study prepared by
Axiom Engineers and peer reviewed by RBF Consulting, the proposed project would have
sufficient water supplies available to serve the project from existing entitlements and
proposed water allocations if granted by the City of Carmel, and therefore impacts to
water supply are considered to be less than significant.
Should the City Council deny the allocation, or determine a different allocation than that
proposed, the Project Appl icant would be required to demonstrate to the satisfaction of
the City of Carmel and the MPWMD that there is sufficient water to supply the project
prior to issuance of a buil ding permit. This could be achieved in a variety of ways including
on-site rain harvesting, approval by the City Council of a different water allocation, further
measures t o reduce water consumption, and/or some other mean.
(f and g)
The proposed project is a change of use and a refurbishment of an existing building which
is already served by a landfill with sufficient permitted capacity to accommodate the
project's solid waste disposal needs and as such, there would be no impact.
52 I CITY OF CARMEL
236
Potentially
Significant
Potentially Unless
ENVIRONMENTAL IMPACTS
Issues (and Supporting Information Sources):
Significant Mitigation
Issues Incorporated
17. MANDATORY FINDINGS OF SIGNIFICANCE. Does the project:
a) Have the potential to degrade the quality of the
environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history
or prehistory?
b) Have impacts that are individually limited, but
cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of the past proJects, the effects of
other current projects, and the effects of probable
future projects.)
c) Have environmental effects, which will cause
substantial adverse effects on human beings, either
directly or indirectly?
Discussion
(a-c)
Initial Study
Less Than
Significant No
Impact Impact
X
X
X
The City of Carmel-by-the-Sea is built-out. Any additional development in the City will
primarily be infill development that will occur incrementally over time and would not be
cumulatively considerable. The City's General Plan provides a framework for orderly future
development consistent with goals and policies as approved by the City Council. The
proposed project is a minor expansion to an existing use and therefore will have no
impact.
COMMU NITY PLANN I NG & BUI LD I N G I 53
237
Carmel Event Center
IV. Determination
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant
effect on the environment, and a NEGATIVE DECLARATION
will be prepared.
I find that although the proposed project could have a significant
effect on the environment, there will not be a significant effect in
this case because revisions in the project have been made by or
agreed to by the project proponent. A NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on
the envi ronment and an ENVIRONMENTAL IMPACT REPORT
is required.
I find that the proposed project MAY have a potentially significant
or a potentially significant unless impact on the environment, but
at least one effect (I) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and (2) has
been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects
that remain to be addressed.
I find that although the proposed project could have a significant
effect on the environment, because all potentially significant
effects (a) have been analyzed adequately in an earlier EIR or
NEGATIVE DECLARATION pursuant to applicable standards,
and (b) have been avoided or pursuant to that earlier EIR or
NEGATIVE DECLARATION, including revisions or mitigation
measures that are imposed upon the proposed project, nothing
further is required.
Marc Wiener
Associate Planner
City of Carmel
Date:
54 I CITY OF CARMEL
X
238
References
Axiom Engineers, Carmel Event Center Water Use Study, March 7, 20 13.
City of Carmel-by-t he-Sea, General Plan and Coastal Land Use Plan, June 2003.
City of Carmel-by-the-Sea, Local Coastal Program, Zoning Ordinance, and Coastal
Implementation Plan, May 2004.
Initi al Study
City of Carmel-by-the-Sea, Staff Report to the Carmel Planning Commission Re: Consideration
of a Preliminary Concept Review for the establishment of an event center at a site located in
the Service Commercial (SC) District, January 9, 20 12.
Hatch Mott MacDonald, Traffic Analysis for the Carmel Event Center, February 2 7, 2013,
2013.
MBUAPCD. CEQA Air Quality Guidelines. June 2004.
Monterey Bay Unified Air Pollution Control District (MBUAPCD). 2004 Air Quality
Management Plan for the Monterey Bay Region, September 2004.
State of California, Cal ifornia Department of Conservation. Available online at
http://www.conservation.ca.gov/dlrp/Pages/lndex.aspx. Last accessed October 2009.
COMMU N I T Y PL AN NING & BU I L D I NG I 55
239
Carmel Event Center
56 I CITY OF CARMEL
Appendix A
Carmel Event Center Traffic Analysis
Hatch Mott MacDonald
240
Hatch Matt
MacDonald
February 27, 2013
To Whom It May Concern:
RE: Carmel Community Center, Carmel-By-The-Sea, California
1300B First Street
Gil roy, CA 95020
T 408848 3122
www. hatchmott.com
The Carmel Community Center, which is proposed to occupy two existing commercial buildings
totaling 5,357 square feet at the southeast corner of the Dolores StreeVSeventh Street
intersection in Camel-By-the Sea, California, will host a variety of activities. Hours of operation
will be from 8:00AM until10:00 PM. There will be no minimum event size. The maximum
capacity of the building is 194 people. The Staff Report prepared by the Planning Department
for the Planning Commission meeting on January 9 indicates that parking for the project needs
to be addressed. This letter provides an overall evaluation of the proposed project parking
program and the effects of the project's traffic upon the surrounding street system.
A. Project Parking Program
Larger special events will typically have a vehicle occupancy rate of two persons per vehicle.
Combined with an estimated 25% of attendees walking from nearby hotels, inns and bed and
breakfasts, the guest parking demand would total about 73 cars. Parking demand for cooking
staff, servers, entertainment, valets and security is expected to be about 23 additional cars for a
grand total parking demand of about 96 cars. Smaller events such as classes and meetings
could have one person per vehicle, but will have lower attendance. Parking demand for the
worst case event is 96 cars. Parking management for the site will vary depending upon the size
of the event. For some of the smaller events, parking demand can completely contained on
The vast majority of events will be valet parked by National Parking & Valet (NP&V), although a
few smaller events could have sufficiently low parking demand to not require managed valet
parking. The on-site parking area will be used both as a drop-off and pick-up point for visitor's
vehicles as well as a staging area for relocation of visitor cars to off-site parking areas. The
project currently has 15 on-site angled parking spaces. The parking lot will be reconfigured to
increase on-site parking supply to 30 vehicles. Valet staffing will vary depending upon the size
of the event, and valet operations can be quickly reconfigured to add multiple loading and
unloading rows as needed; together, these will combine to prevent vehicle spill-over into the
adjacent street.
NP&V operates the Carmel Plaza and Sunset Center parking facilities. NP&V will have the
discretion to park vehicles in either or both lots for any individual event. Based on information
provided by NP& V, Carmel Plaza has 110 spaces with a maximum parking occupancy on a
typical day of about 30 spaces. A total of about 80 spaces are generally available. Sunset
Center has 135 spaces and a typical maximum parking occupancy of about 35 spaces. A total
of an additional 80 spaces are available at Sunset Center. In total, about 160 spaces are
currently typically available to accommodate Carmel Community Center parking demand. This
is a surplus of over 60 spaces during maximum events at the Center. It is also recognized that
some vehicles will park in other locations, including on public streets and public parking areas in
241
Hatch Matt
MacDonald
the vicinity. This will be no different than for most other businesses in downtown Carmel, many
of which have no on-site parking supply and no valet service.
B. Project Traffic Evaluation
The vast majority of events at the Carmel Community Center would be weddings, of which
virtually all would occur on weekend afternoons. As noted previously, the worst case event
would result in 73 guest vehicles (assuming an average of two persons per vehicle} and an
additional 23 vehicles from staff, security, and valet personnel. Table 1, below, summarizes the
estimated vehicle trip activity for such a worst case event.
Table 1 -Project Trip Generation (Maximum Capacity)
SATURDAY PEAK HOUR TRIPS
WEEKEND TOTAL
PROJECT DAILY PEAK
SIZE TRIPS HOUR IN OUT
GENERATED TRIPS (MAXIMUM CAPACITY)
Attendees: Attendee Arrivals/Departures 73 -.ehicles 146 49 49 0
Staff: Kitchen, Valet, Security Staff 23 l.hicles 46 0 0 0
Deli-.eries: Deli-.eries (Food, Supplies, etc. ) 5 1.hicles 10 0 0 0
Total Trip Generation: 202 49 49 0
Note: Maximum capacity represents 194 people within the building, including guests and staff.
Such a worst case event would occur very rarely. A more typical event would be closer to half
the size of a worst case event, as shown in Table 2.
Table 2- Project Trip Generation (Half of Capacity)
SATURDAY PEAK HOUR TRIPS
WEEKEND TOTAL
PROJECT DAILY PEAK
SIZE TRIPS HOUR IN OUT
GENERATED TRIPS (HALF OF CAPACITY)
Attendees: Attendee Arrivals/Departures 36 -.ehicles 72 24 24 0
Staff: Kitchen, Valet, Security Staff 11 -.ehicles 22 0 0 0
Deli-.eries: Delil.ries (Food, Supplies, etc.) 5 -.ehicles 10
Q Q
Q
Total Trip Generation: 104 24 24 0
Note: Maximum capacity represents 97 people within the building, including guests and staff.
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MacDonald
Note that these two trip generation estimates assume 25% of guests would walk to the project
from nearby hotels. Based on informal surveys of existing wedding venues and hotels, at least
one half of weddings in the Carmel area are for out-of-town wedding participants, who tend to
stay in local visitor accommodations. Many of these are within easy walking distance of the
Center. Therefore, the estimate of 25% of attendees walking to events at the site is not only
reasonable but may be conservative.
As a comparison, Table 3, below, compares the project trip generation with the previous use of
the project site as a bank. The bank would have generated considerably more vehicle trips
than the proposed event center- more than double the trips than the project at full capacity
and more than quadruple the trips than the half-capacity (i.e. typical) event.
Table 3- Site Trip Generation: Historical vs. Proposed
SA lURDA Y PEAK HOUR TRIPS
WEEKEND TOTAL
PROJECT DAILY PEAK
SIZE TRIPS HOUR IN OUT
GENERA TED TRIPS
Historical Use: Bank 5,357 sq. ft. 462 141 72 69
Proposed Use: E\nt Center (Maximum Capacity) 73 l.hicles 202 49 49 0
ProQosed Use: E1.nt Center (Half of Capaci t y) 36 1.hicles 104 24 24 0
The traffic generated by the Carmel Community Center would be spread out over multiple
blocks. The off-site valet parking areas - Carmel Plaza and Sunset Center- are both within a
three-block radius of the site. The grid-like nature of the streets surrounding the site would also
provide multiple routes for guests to arrive and depart from events at the site. Therefore, project
traffic would not be concentrated along any one roadway in the immediate vicinity of the project
site.
Table 4, below, summarizes the operations of various adjacent intersections to the project,
including along Dolores Street, ]'h Street, and Ocean Avenue. Operations of these intersections
during the Saturday midday peak hour are all better than the City of Carmel-By-The-Sea's level
of service (LOS) standard of "D". The amount of traffic generated by the project would not be
sufficient to represent a significant impact upon the operations of these intersections.
These levels of serviced are based upon traffic volumes collected in May 2003. Monterey
County annual counts on Carpenter Street and Ocean Avenue at the City of Carmel-By-The-
Sea city limits indicate an average decrease in volume of -6.1% over the past eight years. This
is also consistent with no population increase, as documented in the 2000 and 2010 US
Census. For these reasons, the levels of service cited in Table 4 remain valid for assessing
current traffic impacts.
Page 3 of4 2/27/2013
243
Hatch Matt
MacDonald
Table 4- Intersection Levels of Service
Existing
LOS
Conditions
Intersection
Standard
Saturday Midday
Peak Hour
Delay LOS
(sec)
1 Dolores Street I Ocean Avenue D 9.6 A
-- ---
2 Dolores Street I 7th Avenue
D 7.4 A
(E) 13.9 B
-- - -
3 Dolores Street I 8th Avenue D 7.8 A
4 San Carlos Street I 7th Avenue
D 6.3 A
(E) 14.6 B
5 Junipero Avenue I 7th Avenue
D 2.9 A
(E) 11 .6 B
Junipero Avenue I
6 Ocean Avenue I D 21.7 c
Mountain View Avenue
Cumulative
Conditions
Saturday Midday
Peak Hour
Delay LOS
(sec)
9.8 A
-
7.1 A
14.2 B
-
7.8 A
---
6.5 A
14.7 B
3.0 A
11 .7 B
23.6 c
Source: Plaza Del Mar Development Traffic Impact Analysis, Higgins Associates, January 4, 2005.
C. Summary
In conclusion, many, perhaps most, smaller events will be able to be accommodated by the on-
site parking supply provided at the Carmel Community Center. All events, including the
maximum attendance event, will be able to be easily accommodated by the use of a valet
service to park attendee vehicles off-site at the Carmel Plaza and Sunset Center (the same
valet service already operating these off-site facilities). The vehicle management procedures to
be used by the valet service will prevent vehicle spill-over from the project site into the adjacent
street. Finally, the vehicle trip activity from the Carmel Community Center would not represent a
significant impact upon operations of the surrounding street system.
W l r ~ ;
Keith B. Higgins, PE, TE
Vice President
T 408.848.3122 F 408.848.2202
keith. higgins@hatchmott.com
kbh:jmw
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Carmel Event Cent er
Appendix B
Carmel Event Center Water Use Study
Ax io m Engineer s
58 I C I T Y OF CARMEL
245
Carmel Event Center Water Use
Study
Carmel, California
Prepared For
Jeff Peterson
Axiom Engineers sM
22 Lower Ragsdale Drive, Suite A
Monterey, California 93940
(831) 649-8000
Fax: (831) 649-8038
Project 20120214
February 7, 2013
246
Contents
Executive Summary ................................................................................................................. 1
Proposed Project ...................................................................................................................... 1
Proposed Use ............................................................................................................................ I
Introduction .............................................................................................................................. 3
Background .............................................................................................................................. 3
Objective .................................................................................................................................. 3
Project Description .................................................................................................................. 3
Water Use Basis for Evaluation .............................................................................................. 4
Analysis and Assumptions ...................................................................................................... 4
Use Basis ................................ ..... ... ........... ..... ........... .. .... ..................................... 4
Water Allowance and Consumption ...................................................................................... 6
Water Demand ......................................................................................................................... 6
Water Use Summary ............................................................................................................... 7
Recommendations ................................................................................................................... 7
References ................................................................................................................................. 9
Appendices
Water Use Calculations ...... ..... .. ..... ......... .. .. .................. .................................... ....... ... ........... A
Site Plans and Figures ....... ..... ....... .... ....... .......................................... ................................... B
Equipment Data Sheets ................................................. ............... ......................................... C
247
Carmel Center Study
EXECUTIVE SUMMARY
PROPOSED PROJECT
Our clients are proposing to operate a Community Center at the southeast comer of Dolores
Street and 7ili A venue, Carmel, California. Their intent is to provide a facility equipped with
a full commercial style kitchen available for meetings, parties, weddings, and special events.
For the purposes of determining available water from all sources, our clients are proposing a
change in use from the previous use, and intend to reduce the square footage of the building
from approximately 5,350 sq.-ft. to 4,428 sq.-ft. by removing the second floor of the main
building. This is comprised of a proposed facility area of 3,888 sq.-ft., plus a 540 sq.-ft.
basement. We anticipate that the basement will be unoccupied space, used for janitorial and
other storage and will house mechanical systems.
PROPOSED USE
Water Availability
The credit available from previous occupancy is determined using the existing square footage
of the building (5,357 sq.-ft.) and applying a use factor based on the type of occupancy. In
this case, Monterey Peninsula Water Management District (MPWMD) Group I Use Factor,
(0.00007 ac-ft. per sq.-ft.) from Table 2: Non-Residential Water Use Factors, applied to the
original building occupant, which was a bank. Subsequent use as a retail establishment was
allowed under the same use. The square footage, under Group I allows for 0.3750 acre-feet
water credit per year.
In 2000, 0.3495 ac-ft. of water was granted to the City of Carmel to be added to the city's
allocation. Other available water allocations approved by MPWMD and being held by the
City are 0.3465 ac-ft. from the Old Spinning Wheel restaurant. This project anticipates a final
availability, after water transfer of allocation from the City of Carmel, in the amount of
1.0710 ac-ft.
Change in Use
Our client proposes a facility that falls under Group III - Miscellaneous Use. The Group III
Use Factor for this application is 0.00053 ac-ft. per sq.-ft., which is 2.06 ac-ft. per year. The
additional basement space increases this by 0.04 ac-ft. per year. When applied to this project
in a top down analysis, it is apparent that this project falls short of available water. We will
show, using a bottom up type of analysis, that the facility will use far less water than the
MPWMD factor supposes.
Using said bottom-up approach, we estimate that the maximum potential indoor use by the
center will not exceed 0.825 ac-ft. per year, including landscaping. We present two
alternative estimates, accounting for indoor use scenarios of 0.743 and 0.465 ac-ft. per year,
which is 0.825 and 0.516 ac-ft. per year including outdoor use. The formulas used to
calculate these estimates were derived after considerable deliberation, based on consultation
with vendors and other personnel, literature reviews, and previously submitted water studies
to MPWMD. Our calculations are more likely to over-estimate water use, rather than under
AxtoM ENGINEERSSM
1
248
estimate in an attempt to be conservative in our estimates. We provide our calculations in
Appendix A.
MPWMD has defined this project as a Meeting Hall. This category is ill defined, and
probably includes establishments such as Elks and Moose Lodges, Veterans Halls, and
banquet halls associated with hotels and restaurants. The category may be described as "Very
High Use". These establishments typically offer at least one meal per day, whereas our
client's business model does not factor daily kitchen use.
Recorded water use at the location, is unavailable. There have been numerous owners over
the years and we did not pursue getting permission for water records from previous owners
for this report.
--------- ---------------
A
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5
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CONSULTING MECHANICAL ENGINEERS
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INTRODUCTION
BACKGROUND
Our Client is proposing to remodel the existing building at the southeast comer of Dolores
Street and 7th A venue, Carmel, California. The plans do not include any building shell
demolition but will remodel the interior to include a commercial kitchen, two meeting rooms,
and two restrooms. This building was a bank, previously and, more recently, was used as a
retail furniture and design store. The square footage, under Group I credits the project with
0.3750 acre-feet per year.
The project has received a commitment from the City of Carmel by the Sea to use an
allocation that the city has set aside for future development on the property equivalent to
0.6960 ac-feet per year. This allotment, plus the water credit from the previous occupants, is
1.0710 ac-ft.
OBJECTIVE
Monterey Peninsula Water Management District (MPWMD) requests that a third party
opinion be provided regarding water usage estimates for proposed construction when there is
an intensification of use or an addition to an existing establishment. Axiom Engineers
completed a study to provide a professional engineering opinion as to the impact of planned
use that will allow our client to move forward with the development of an Event Center at the
site.
In this report, we plan to show that our client can offset water use based on the MPWMD
Table 2: Non-Residential Water Use factors with various conservation measures and the use
will remain below the water available to the project sufficiently to allow construction. The
purpose of this study is to account for all proposed uses, and to submit recommendations for
reducing water use, where feasible and demonstrable, in order to meet these goals.
In order to proceed with this project, since it is considered an intensification of use, our client
intends to use low flow water fixtures as required by MPWMD, and where feasible, use
Ultra-low-flow (ULF) technologies. All the water using fixtures that are original to the
structure will be permanently removed.
PROJECT DESCRIPTION
Construction plans show that the useable square footage is 3,888 square feet plus a 540
square feet basement. (See Site Plans in Appendix B.) This space will be a community center
comprised of a large event room in the main building, along with a kitchen and restrooms.
Another building on the property will be a second event room.
We prepared this study to make recommendations for reducing the proposed water use for
the project in order to fall below the proposed water available. Our study was limited to
literature reviews, personnel interviews, manufacturer' s estimations, and our professional
opinion. Water use records were not obtained to illustrate historic use, because the previous
use fell under a different MPWMD use category, and because we are relying on a bottom up
approach to calculate water use .
. AxioM ENGINEERss"
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Carmel Event Center Water Study
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WATER USE BASIS FOR EVALUATION
ANALYSIS AND ASSUMPTIONS
Our methodology for this opinion is typically two-fold. One approach is to build an estimate
for the facility's water use from the "ground up" based on a rational analysis of water using
functions and the proposed water saving features being installed. The scope of these studies
included site reviews of existing fixtures, interviews, manufacturer' s equipment data, and
literature reviews. The second approach works from the "top down" using the base District
demand use factors.
A top down approach for this project indicates that the Carmel Event Center would use as
much as 2.06 ac-ft. This assumes a water use factor of 0.00053 ac-ft. per rr and 3,888 rr of
occupied space. Including the 540 ft
2
basement increases the demand to 2.1 0 ac-ft., assuming
the water use factor for the basement is 0.00007 ac-ft. per sq.-ft. The basement will be used
primarily for storage; the mechanical systems will also be located down there. We further
propose this is all unoccupied space, and should not be included in any calculations.
Use Basis
Monterey Peninsula Water Management District (MPWMD) non-residential water use
category, Group III - Miscellaneous Use applies to this proposed project. The Center will be
used for private and public events, and we assume some of these events will use the kitchen.
For our summary, we assume potential kitchen use at maximum seven days per week, 52
weeks per year; however, our clients do not believe this is possible to achieve, so we
calculated several more likely scenarios and present two in Table 1, below. Four scenarios
are presented in Appendix A.
We made use assumptions based on two attendance scenarios. One scenario assumes a
maximum attendance rate of 200 persons per event for both rooms combined, or 1,400
people per week. The other scenario derives from discussions with the business community
and estimated business projections for profit-making, and is 975 persons per week. This also
includes 25 employees for 200 people, or 0.125 employees per attendee for events with 50 or
more guests. Table 1 illustrates demand using these two different attendance estimates and
different kitchen use frequencies.
Table 1 shows that even with a maximum potential attendance of 200 people per day, seven
days per week, and 52 weeks per year, water use falls below the available water of 1.071 ac-
ft. per year.
AxioM ENGINEERSsoo
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251
_Carmel Event Center Water Study _______________________ _
Table 1, Proposed Indoor Water Use
Proposed Indoor Use Scenarios
Kitchen Used Twice per Week
Maximum Attendance
1
Scenario 1-2 I 165,836 GPY I 0.509 AF/YR
Proposed Attendance
1
Scenario 3-2 1124,745 GPY I 0.383 AF/YR
Kitchen Used Three Times per Week
Maximum Attendance
1
Scenario 1-3 1181,074 GPY j 0.556 AF/YR
Proposed Attendance
1
Scenario 3-3 I 139,983 GPY I 0.430 AF/YR
Kitchen Used Four Times per Week
Maximum Attendance
1
Scenario 1-4 I 196,313 GPY J 0.603 AF/YR
Proposed Attendance
1
Scenario 3-4 j151,454 GPY I 0.465 AF/YR
1
See Appendix A
Restroom Use
Our restroom assumptions are based on studies performed in office settings, for which we
have the most reliable data. This results in higher than anticipated use for this application; we
feel restroom use by meeting attendees is probably much lower. Our calculations for
restroom use are based on the assumption that women use the restroom once and men use it
0.88 times every two hours. We also assume that every restroom visitor also uses the lavatory
sink. We added restroom use for employees at a rate of 0.125 employees per attendee for
events with 50 or more people.
Kitchen Use
The proposed kitchen uses will include pre-rinsing and washing pots and dishes, preparing
food and washing produce, cooking and equipment cleanup, serving water, and making ice.
Kitchen use is typically high, and accounts for as much as 50% of all water use in
commercial establishments that are associated with food activities.
Landscaping
There are a number of native pine trees on the property, and a small area near the front door.
This is the extent of landscaping. We anticipate that there will be planters and containers, in
addition to the existing landscaping, but that overall, landscaping water use will be very
minimal.
We looked at the various uses, including dishwashing, ice making, attendee restroom use,
and miscellaneous use. We did not differentiate attendee restroom use from employees use,
and assumed each would use the facilities at similar rates. Our findings estimate water use by
area, based on staff interviews, manufacturer' s equipment data, and literature reviews. For
our recommendations, we make the following assumptions:
Exterior irrigation is minimal, 90% of water use is indoors. Most of the landscaping is
established natives and needs no irrigation.
Our estimates for customer restroom water use are based on previous report
submissions to MPWMD.
A
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All other assumptions are listed on the calculations spread sheet.
WATER ALLOWANCE AND CONSUMPTION
In Appendix A, we present our estimations regarding water usage in the restrooms and the
kitchen. Unaccounted water usage is assumed to be a combination of uncertainty, inefficient
water use, and system losses. We add a 10% uncertainty factor to our calculations to account
for the unknown factors and inefficiencies, and to provide a more conservative estimate of
water use at the site.
WATER DEMAND
The following sections summarize estimated water use, and discuss our assumptions. In
general, most of the water used is divided between the kitchen and the restrooms. We
calculate that restroom water use for this project accounts for approximately 53% of interior
water demand, and falls in line with published studies that show restroom use accounts for
about 50% of all non-residential interior water use. Our calculations show the remaining 47%
is used by kitchen cooking and cleaning activities.
Attendee Restroom Water Use
Water use was determined from a number of studies, and our professional opinion. We could
find no published reports that document water use for community centers, so we base our
opinions for restroom use on established criteria for offices; for kitchen use, we used
established criteria for restaurants. We believe water use in both groups is higher than for
meetings and events, which overestimates use in this study.
Restroom use is estimated to be between 85,700 and 123,000 gallons per year. We assume
1 00% of all customers will use facilities at least once during a 4 hour meeting, and some will
use the facilities more than once in this time; this is a conservative estimate; actual restroom
use by is likely to be somewhat lower. We also assume all attendees (and staff) wash their
hands after using the restroom facilities. The data summary for water use is in Appendix A.
Water saving restroom fixtures are essential in order reduce water use at the site. Existing
fixtures will be removed in the new building configuration. The total number of restrooms
proposed will be two. See Appendix B for the Site Plans.
Employee Restroom Water Use
We added employee restroom use at the rate of0.125 employees per attendee for events with
50 persons or more. This assumes 25 employees at events with 200 people.
Kitchen Water Use
Studies from restaurants, hotels with restaurants, delis, and other food service commercial
establishments conclude that kitchen water use represents over 50% of total water use in
these establishments. Water efficient technologies have improved more rapidly for
commercial kitchen applications than for restroom fixtures since the publication of the most
recent of our study reference was published in 2003. We base our calculations on efficient
water using kitchen equipment, so we are able to show more substantial water savings in this
area than the reports. The most savings come from installing water efficient dishwashing
- ------------------------------------
A
AxiOM ENGINEERS
5
M
CONSULTING MECHANICAL ENGINEERS
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Page 6
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Carmel Event Center Water Study
fixtures and equipment. We propose pre-rinse faucets that use 1.6 gallons per minute,
dishwashers that use 0. 74 gallons per rack, a scullery faucet that uses 2.2 gallons per minute,
and hand washing faucets that deliver 0.5 gallons per minute. Foot operated faucets would
further reduce water demand. Cut sheets for equipment that meets these specifications are
included in Appendix D.
We recommend against installing a garbage disposer because of their high water use
requirements.
Ice Making
The combined water use by the ice making accounts for about 6% of all kitchen water use.
Our assumptions about water use by the ice machine is somewhat less than that proposed by
some sources because they are based on less efficient models, different uses (e.g., sales of
ice, and restaurant activities that serve food several times per day.). The ice machine will be
an air cooled unit designed to use 12 gallons of water per 100 pounds of ice made.
Landscaping
The landscape planting in the parking lot is established evergreen shrubbery that requires no
additional irrigation. We do not anticipate that the small landscaped area by the front door
will be significantly changed, but if so, we recommend replacement plantings be native
species that will require no supplemental water once established.
WATER USE SUMMARY
The following calculation illustrates the amount of water use from the proposed facility, and
includes the recommended 1.19 gpftoilet, 0.125 gpfurinals, and 0.5 gpm flow restrictors on
the faucets. These figures are presented to show that the facility will remain below 1.07 ac-ft.
per year, even in a very high use scenario.
Table 3, Water Use Summary
MPWMD Group Ill Factor 0.00053 ac-ft./fe I Very High Use
Total Proposed Building Area 4,428 ft
2
Group Ill Factored Use
3,888 ft" x 0.00053 ac-ft./ft"
=2.06 ac-ft./year
Group 1 Factored Use (Basement)
540 ft" x 0.00007 ac-ft./ft"
=0.04 ac-ft./year
Bottom Up Analysis Maximum Potential
0.825 ac-ft./year = 268,900 gal/year
Use Estimate
1
Bottom Up Analysis Proposed Use
2
0.516 ac-ft./year = 168,280 gal/year
1
200 persons per event, seven days per week, 52 weeks per year, kitchen used every event, 90% indoor use,
10% inefficiency factor
2
975 persons per week, kitchen used four times per week, 90% indoor use, 10% inefficiency factor
RECOMMENDATIONS
Following are recommendations designed to keep the water demand low at the proposed
Carmel Event Center. Manufacturer specification sheets for the recommended fixtures are
presented in Appendix C.
A
AxiOM ENGINEERS
5
M
CONSULTING MECHANICAL ENGINEERS
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Page 7
254
Water closets: All water closets will have Automated Dual Flush Valves, 1.28 and
1.10 gallons per flush, (1.19 gallons per flush combined).
Urinals: All urinals will be 118 gal (pint) urinals in the men's restroom.
All lavatory, and hand wash faucets: All hand washing faucets will be 0.5 gallons per
minute faucets that have vandal-resistant, non-removable aerators. If possible, ideally
the kitchen faucets will have foot operated faucets.
Kitchen pre-rinse faucet: We recommended a pre-rinse faucet with a flow rate of 1.6
gallons per minute. Lower flow faucets are available, and may be used; however, user
satisfaction with the cleaning ability of these may be reduced.
Automatic dish washer: The dishwasher should use no more than 1.0 gallons per rack.
We show one that uses 0.74 gallons per rack. (Our calculations were based on a
model that used 0.85 gallons per rack.)
Garbage disposal: None.
Ice machines: Air-cooled ice machines will be used.
Fix all water leaks in a timely manner, upon discovery.
The suggestions in this report are meant to initiate a dialog to examine possibilities. In no
way does Axiom Engineers propose one alternative over another.
------
A
AXIOM ENGINEERSSM
CONSULTING MECHANICAL ENGINEERS
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Page 8
255

REFERENCES
Waste Not, Want Not: the Potential for Water Conservation in California; Gleick, Peter H.;
Haasz, Dana; Henges-Jeck, Christine; Srinivasan, Veena; Wolff, Gary; Cushing, Katherine
Kao, Mann, Amardip; November 2003
Handbook of Water Use and Conservation; Amy Vickers; 2001
Commercial and Institutional End uses of Water; Benedykt Dziegielewski, Jack C. Kiefer,
Eva M. Opitz, Gregory A Porter, Glen L. Lantz; 2000
Monterey Peninsula Water Management District's (MPWMD) Rule 24-9, "Non-Residential
Water Use Factors", Table 2, page 24-9
City of Santa Barbara Water Demand Factor and Conservation Study "Technical Report"
Document No. 1, Prepares for the City of Santa Barbara's Community Development
Department and Public works Department, August 1989
AxiOM ENGJNEERss ..
9
256
Water Use Calculations
Appendix A
257
Water Use
MPWMD Group Ill Feeler .00053 AF/SF
MPWMD Group I Factor .00007 AF/SF
Pr oposed Facilitv Ares 3,888 SF
Useable Basement Area 540 SF
Facility Area Fa ctored Use 2 .06 AFNear -671,462 GaUYr
Buement Factored Use 0.04 AF/Year "'12,317 Ga!/Yr
Facility plus Basement
Factored Use 2.10 AF/Year = 683,779 GalfYr
Avallable Water 1.07 AF/Year = 348,986 GaVYr
Conversion from to AF: 325,651 GAUAF
Table 1.1: Total Annual Indoor Water Use For Various Scenarios
Kitchen Used Twice per Week
Maximum Attendance Scenario 12 165,836 GPY 0.5089 AFIVR
low Attendance Scenario 2-2 36,227 GPY 0.1112AFNR
Proposed Attendance Scenario 3-2 124,745 GPY 0.3828 AFIYR
Moderate Attendance Scenario 4-2 61 ,196 GPY 0.249:2 AF!VR
10% added for inerrici encies
Thase are th& numbers presented in the report
Table 1.2: Weekly Events Restroom Use
Carmel Event Center
Water Use Analysis
FACILITY INFORMATION
Demand Summary
Mxfmum Potential Water Ua 0.825 AFfVRH
Proposed Water Use Scenario 3-4 0.51tl AFfVR"
3.32 Qa!lons per attendee excludinQ outdoor use
From Tabl e 2.4, Indoor Use+ 90% rounded
From Table 1.1, Indoor Use 90% rounded
saud on Maximum Pos$1'ble Attendama: 200 p6rsons per de , I<Hchttm vud everyda , 10% confjngancy.
- Assumes Indoor Use is 90% of Total
Kitchen Used Three Times per Week Kitchen Used Four Times per Week
Scenario 1-3 181,074 GPY 0.5557 AFIVR Seen arlo 1.-4 1Q8,313 GPY 0,6025 AF/VR
Scenario 2-3 42,293 GPY 0.1298 AFIYR Scenario 2--4 46,403 GPY 01424 AFIYR
. .
'
'.
: .. 1.: .
Scenario 4-3 89,072 GPY 0.2734 AFNR Scenario 4-4 100,544 GPY 0.3086 AFIVR
'
--
Scenario 1 Scenario 2 Scenario 3 Scenario 4
Maximum Proposed Moderate
Event Schedul e Atlendance Water Use Low Attendance Water Use Attendance Water Use Attendance Water Use
__ 200 338 Gar 25 AduH:s 38 Gal
uuday 200 Adults 338 Gal 75 Adui1S 127Gal 25 Adults 38 Gal

200 Adults 338 Gal 25Adults 38 Gal 15GAd ull 254 Gar SO Adub 85 Gal
Thursday 200 Adults 338 Gal 25Adults 38 Gat 150 Adults 254 Gal 75 Adults 127Gat
Fridy 200 Adutt.t 338 Gal 50 Aduttf> 85GB! 200 AdUlt$ 336 Gal 150 Adults 254 Gat
Saturda 200 Adults 336 Gal 100 Adults 169Get 200 Adalts 338 Gat 200 Adults 338 Gal
Sund 20n Adults 338 Gal 75 Adults 127Gal 200 Adulta 338 Gal 100 Adults 169Gal
Weekly Total 1400 Adult$ 2,366 Gal 275 Adults 4S5Glll Q75 Adults 1,648 Gal 625 Adults 1,047 Gal
--
Assumptions Fixture
100% In Attendance Use WCs 1.19 GPFWCs
50% In Attendance Use Urinals 0.125 GPF Urinals
- -- -- ----
0.5 Min Hand Wa3hl!:!jl/Adull 0.50 GPM Fau<::ets
0.125 Employees per attendee for events >50
Assumes Maximum 4 hours r event
--
2/712013
258
Kitchen Use
Table 2.1: Pre-Rinse Use
tl Reck1 w .. had Water Uae
200Adults 28 49 Gal per Event
150Adutt:s 21 37 Gal per Event
100Adutts 14 25 Ga l per Event
75Adull:s 11 20 Gal per Ewnt
50Adufts 7 13 Gal per Event
25 Adulls 4 7 Gal per Event
Assumptions
Pre-rinsing uses twice the of the dishwasher use
-
60 PSI Water Pressure
1.60GPM

1---- -
---
1.8
36 Pieces rRack
Food Prep and Miscellaneous Water Use
Table 2.2: Drinking and Ice Making
Ice Used Wa1er Used Total Water Used
200Adults o1 1lba. lc. 11Gal 16Gel
150Adutts 31 Lbs. lce 8 Gal 12 Gal
100 Adutts 21lbs. lot 6Gal gGel
7SAdulto 16 Lbs. lc:e 4Gal 6 Gal
50 Ad uris 11 Lbs. tee 3Gal 5 Gal
25 Adults 6 Lbs. Ice 2Gel 3 Gel
Assumptions
10 oz. of weter per ettenc:la
mass of water: 213 water, 113 C.
Const1nts usd for thue calculallona
loe w.ighl 7.68 lblgel
M1nlt owoc Ice Mahr Spclf katlons
12 Gal per 100 lb. lee
40 Lb. Stora Bin
Mlscllaneous
Carmel Event Center
Water Use Analysis
Table 2.3: Dishwasher Use
II Racki Wuhed WaterUaa
200Adul1o 28 24 Gal per Event
150 Adutts 21 18 Gal per Event
100Adutts 14 12 Gal per Ewnt
75 Aduls 11 9 Gal per Ewnt
50Adufts 7 6G.I perEwnt
25 Adults 4 3Gal rEvent
Assumptions
Sanitizing Rinse
5 P'iecaa er Servioe
3ll Pioces E'' Reck
-
0.85 Gellons per Reek
-----
-
1-----
Table 2.4: Kitchen Water Use Per Event
Drinking & Ice o;ahwoshing &
Making Pre-nnsa
200Adulle 16Gal 73Gei
150Adub 12Gal 55 Gal
100Adub Q Gal 37 Gel
75 Adulta 6Gal 29 Gal
50 Adults 5Gal 1g G1l
25 AduHs 3Gal 10Gal
Table 2.5: Attendee Water Use Per Event
WC&
Hand'NIIshinQ Kitchenu ..
200 Aduhs 338 Gal 266 Gal
150 Aduha 254 Gal 201 G1l
100 Adults 169Gel 138Gal
7S Adula 127 Gal 10&Gel
50Adub 85Gal 72Gal
25 Adull.s 338 GeJ 40Gal
All other wetorusing ac1ivities include produce washing, pot filling, hand washing, cleenup and mopping. We assume these .acti11lties combined use twice as much
water as the total of dishwuhlng, drinklng water, and ice making
2fl/2013
Table 2.4: Maximum Potential Demandi
Annual Usa, Re5trooms
(Table 1 2 Seen 1 123 032 GPY
Annual Use Kitchens
(Tobie 2.4 ge G70 GPY
Total 220 002 GPY
Tote

Indoor Use Par Attendee
1
0 uick ustng 200 persON per day, seven
d&ys per w .. k. 52 weeks peryeer, kitchen u:sed
averv dav. no..continge_nc
325,851 gallac--ft
-
- - ------
- -
-----
-
Miscellaneous Totti
178 Gel 266 Gel
13-1Gal 201 Gal
--
92Gal 138Gal
71 Gal 106Gal
48 Gal 72GII
27Gal 40Gal
Total
604Gal
4.54Gal
307 Gal
233Gal
156Gal
378 Gal
Page 2
259
Equipment Water Use
Domestic: Personal Use
we
1.19 Gal/Flush
Urinal
0.125 Gal/Flush
Handwashing
0.5 Gal/Minute
Kitchen
Ice Maker
12 Gal/100 lbs. ice
Dishwasher
.85 Gal/Rack
Pre-rinse
1.6 Gal/Minute
1. 73 Gal/Rack
Kitchen Prep
2.2 Gal/Minute
Handwashing
0.5 Gal/Minute
Assumptions
36 Items per Rack
Carmel Event Center
Water Use Analysis
Pre-rinsing takes twice as much water as the dishwasher
75% Drink water with ice
Ice making
10 Oz. Per Attendee
= 6.67 Oz. Water/Glass
= 3.33 Oz. Ice/Glass
8 Oz. Per Attendee
= 5.3 Oz. Water/Glass
= 2.7 Oz. Ice/Glass
10 Oz. Per Attendee = 0.2025 Lb./Glass Ice
8 Oz. Per Attendee = 0.162 Lb./Glass Ice
10 Oz. Per Attendee= 0.0518 Gal/Glass Water
8 Oz. Per Attendee= 0.0414 Gal/Glass Water
Oz. water/glass * 1 gal/128 oz = Gal. Ice per glass
Oz. ice/glass * 1 gal/128 oz * 7.68 lb./gal = Lb. Ice per glass
1/30/2013 Page 3
260
Site Plans and Figures
Appendix B
261
-5
.-
...

0.1 I'1AIII


262
~ f H ~ r . HALL 11
-
tl..:lr ~ . ,1.-
1
263
Equipment Data Sheets
Appendix C
264
Item#----- ----------
Quantity - - ----------- -
C.S.I. Section 11400

701 S Ridge Avenue, Troy, OH 45374 DISHWASHER
1888-4HOBART www.hobartcorp.com
STANDARD FEATURES
.74 gallons per rack final rinse water
58 racks per hour- hot water sanitizing
65 racks per hour- chemical sanitizing
NSF pot and pan listed for 2-, 4- & 6- minute
cycles
Timed wash cycles for 1, 2, 4 or 6 minutes
Solid state, integrated controls with digital status
indicators
Self-draining, high efficiency stainless steel pump
and stainless steel impeller
Stainless steel drawn tank, tank shelf, chamber,
trim panels, frame and feet
Spring counterbalanced chamber with
polyethylene guides
Revolving, interchangeable upper and lower anti-
clogging wash arms
Revolving, interchangeable upper and lower rinse
arms
Slanted, self-locating, one-piece scrap screen
and basket system
Automatic fill
Door actuated start
Automatic drain closure
Vent fan control
External booster activation
Delime cycle
Service diagnostics
NAFEM Data Protocol capable
Straight-through or corner installation
Hot water or chemical sanitation
VOLTAGE
0 208-240/60/1
0 208-240/60/3
0 480/60/3
0 200-240/50/3*
0 380-415/ 50/3*
'Not submitted for UUCUL Listing
F-40078 -AM Select Dishwasher
MODEL
0 AM15
OPTIONS AT EXTRA COST
0 Gas heat
0 Sense-A-Temp'" 70F rise electric booster heater
0 Single point electrical connection for booster
equipped machines (3 phase only)
ACCESSORIES
0 :Y." pressure regulator valve
0 Peg rack
0 Combination rack
0 Splash shield for corner installations
0 Flanged and seismic feet
0 End of cycle audible alarm (field activated)
0 Delime notification (field activated)
0 Drain water tempering kit
Specifications, Details and Dimensions on Inside and Back.
@
c@ua
G.
LISTED
4r I'-'.\ ..
Page 1 of 8
)>
3:
en
m
r-
m
0
-t
c
-
en
:I:

en
:I:
m
::0
265
Style That Works Better
SELECTRONJC FloWise
DUAL FLUSH TOILET FLUSH VALVE
BATTERY POWERED, SENSOR OPERATED, 1.28/1.1 GPF
GENERAL DESCRIPTION:
Exposed, Battery Powered, Sensor Operated
Selectronic Dual Flush Water Closet Flush Valve
for floor-mounted or wall-hung 1-1/2" top spud bowls.
Inlet includes 1" I.P.S. angle stop with back-flow
protection, vandal-resistant cap, sweat solder kit,
cover tube and wall flange.
Outlet includes 1-1/2" vacuum breaker with
adjustable tailpiece, spud coupling and flange.
PRODUCT FEATURES:
Light flush (1.1 gpf: 30% water savings) if user
is in detection zone for 60 seconds or less.
Standard flush (1.28 gpf: 20% water savings) if user is in
detection zone for more than 60 seconds.
Electronic flush valve with Selectronic proximity
system for "Hands Free" operation.
Self-Cleaning Piston with integral wiper spring prevents
clogging and reduces maintenance.
Piston operation delivers superior flush accuracy and
repeatability.
Fully mechanical Manual Override Button can
operate for an unlimited time without power.
Valve remains closed and does not need to be reset
after loss of power or water pressure.
Sanitary Flush: Valve automatically flushes after 24
hours of non-use to clean fixture & maintain trap seal.
Sensor & electronic controls are fully enclosed and
water resistant.
Range can be adjusted manually or with optional remote
control.
Chemical resistant EPDM seals are unaffected by chlo-
ramines & other chemicals.
Adjustable tailpiece.
Factory-installed CR-P2 lithium battery included.
No external volume adjustment.
Can be installed left or right-handed.
RECOMMENDED SPECIFICATION:
MODEL NUMBER:
0 6065.721.002 Dual Flush Toilet Flush Valve
for 11-1/2" Supply C\ L to top of bowl, 1.28/1 .1 gpf
0 6065.521.002 Dual Flush Retrofit for Existing
Flush Valves, 1.28/1.1 gpf. Replaces industry
standard manual and electronic valves. Does
not include the vacuum breaker assembly, angle
stop or sweat solder kit.
OPERATING PRESSURE:
Overall Range: 20-125 psi**
Recommended: 25 psi (flowing)-80 psi (static)
FLOW REQUIREMENT:
25gpm (94.6 L/min.)
** Water pressure over 80 psi is not recommended
for most plumbing fixtures.
BATTERY LIFE:
200,000 cycles (4 years @ 4000 cycles per month)
ACCESSORIES:
Cast wall flanges (1" & 1-1/2")
Solid ring pipe supports (2-1/2" & 6" C-E)
Split ring pipe supports (2-1/2" & 6" C-E)
TYPICAL WATER CLOSET INSTALLATION:
AFWALLTMTOILET SHOWN
FINISHED WALL
FINISHED
FLOOR
SUPPLY
DN25mm
(1" 1.P.S.)
Electronic proximity infrared sensor activated toilet flush valve shall feature self-cleaning piston valve with integral wiper spring in refill orifice
to prevent clogging. Flush volume is determined by amount of time user is in detection zone. 60 seconds or less: 1.1 gpf/4.2 Lpf. More than 60
seconds: 1.28 gpf/4.8 Lpf. Includes a fully mechanical manual over-ride that can provide a complete flush without battery power. Includes cast
brass valve body and metal cover with chrome finish, vandal resistant stop cap and lithium battery. Angle stop with back-flow protection and vacuum
breaker included. Flush valve shall be American Standard Model # 6065._21.002.
L193
2012 AS America Inc. Revi sed 1/12
266
Style That Works Better
GENERAL DESCRIPTION:
Manual Piston-Type Urinal Flush Valve for 3/4" top
spud urinals.
INCLUDES:
3/4" I.P.S. angle stop with back-flow prevention and
vandal-resistant cap
Sweat solder kit including cover tube and wall flange
High back pressure vacuum breaker with down tube
Spud coupling & flange for 3/4" top spud
PRODUCT FEATURES:
Self-cleaning brass piston with integral wiper spring
prevents clogging and reduces maintenance
Piston operation delivers superior flush accuracy
and repeatability
Piston valve remains closed and does not need
to be reset after loss of water pressure
Non-hold open handle
Positive seal ensures leak-free performance
No external volume adjustment
Durable chrome-plated cast brass construction
is ideal for commercial applications
Chloramine-resistant EPDM seals
Adjustable tailpiece for rough-in flexibility
Can be installed left or right handed
ADA complaint
RECOMMENDED SPECIFICATION:
MANUAL FloWise
URINAL FLUSH VALVE
0.125 GPF
MODEL NUMBER:
0 6045.013.002 Flush Valve for 3/4" top spud
urinal, 0.125 gpf
OPERATING PRESSURE:
Overall Range: 20-125 psi**
Recommended: 20 psi (flowing)-80 psi (static)
** Water pressure over 80 psi is not recommended
for most plumbing fixtures.
FLOW REQUIREMENT:
8gpm (30.3 L/min.)
ACCESSORIES:
Cast wall flanges (3/4")
TYPICAL URINAL INSTALLATION:
WASHBROOK URINAL SHOWN
Manual urinal flush valve shall feature self-cleaning brass piston valve with integral wiper spring in bypass orifice to prevent clogging. Valve
remains closed and does not need to be reset after loss of water pressure. Includes cast brass valve body and cover with chrome finish and
vandal resistant stop cap. Includes sweat solder kit with wall flange and cover tube. Angle stop with back-flow protection and vacuum breaker included.
0.125 gpfl 0.5Lpf Flush valve shall be American Standard Model # 6045.013.002.
L213
2012 AS America Inc. Revised
267
OPTIMA SYSTEMS
..,. Description
Solar Powered, Sensor Activated Electronic Hand Washing Faucet for pre-tempered or hot and
cold water operation .
..,. Models
OEAF-275
0 EAF-275-ISM
0 EAF-275-ISM-IC
Single Supply Faucet
(For pre-mixed water only)
With Integral Spout Temperature Mixer
(For Hot and Cold water supply connection)
With Integral Spout Temperature Mixer
and i.q. -Click Feature
..,. Flow Rate
0 EAF-12 0.5 gpm/1.9 Lpm Multi-Stream Laminar Spray Head
..,. Spectficatklns
....
....
Solar Powered, Sensor Activated, Electronic, Chrome Plated Constructed Metal, Hand Washing
Faucet with the following features:
Modular One-piece Construction with all Concealed Components above deck
Double Infrared Sensors with Automatic Setting Feature
Automatic Self-adapting Sensor Technology
Solar Powered
Magnetic Solenoi d Valve
Water Supply Connection with Flexible High-pressure Hose and Strainer
Appropriate Mounting Hardware included
Includes 6 VDC Lithium Battery Back-up Power Source
Variations
O ISM Integral Spout Mixer
Accessories
Trim Plates
0 ETF-312-A Trim Plate for 4 (1 02 mm) Centerset Sink
0 ETF-510-A Trim Plate for 8" (203 mm) Centerset Sink
Trim Plates must be and ordered separately.
Spout End Devk:es
0 EAF-1 0 2.2 gpm/8.3 Lpm Aerated Stream Spray Head
0 EAF-13 2.2 gpm/8.3 Lpm Laminar Stream Spray Head
0 EAF-53 1.5 gpm/5.7 Lpm Laminar Stream Spray Head
0 EAF-54
0 EAF-51
1.0 gpm/3.8 Lpm Laminar Stream Spray Head
0.35 gpm/1.3 Lpm Multi-Stream Lami nar Spray Head
FatXet Extension Kits
0 EAF-35-A Faucet Extension
0 EAF-30-A Faucet Extension Kit Onternational Version - has G1/2" inlet connections)-
Hose Length 18-7/8" (479 mm)
0 EAF-40-A
SLOAN
SOLIS
Solar Powered, Electronic
Hand Washing Faucet
EAF-275-ISM
The new Optima solar powered faucet
- Bringing intelligence to water
The first solar powered electronic faucet's integrated power plant
transforms light into electrical energy. Optimal performance any
place, any time; in sunlight or even artificial light. The unique
"Solar Energy Module" utilizes any light source efficiently .
Sloan's new Optima EAF-275 Series electronic hand washing faucets
operate by means of a dual infrared sensor and microprocessor
based logic. The modular design incorporates all of the operating
components of the faucet, including the sensor, solenoid, circuitry
and solar energy module above the sink within a die-cast metal
spout.
ISM models feature an integral temperature control lever which
allows the user to adjust the water temperature. This adjustment
can also be converted to a fixed setting. EAF faucets ordered without
the ISM variation must be connected to a single, pre-tempered
water supply.
<I
product may
coo1ribute to
LEEDcredits.
See details on LEED
calculation worksheet.
Faucet Extension (California OSHPD Requirement) -
Hose Length 15-1/8" (384 mm) This space for ArchitecVEngineer approval
.... Warranty
Job Name Date
3 year
Model Specified Quantity ____ _
.... Compliant to:
ASME A1 12.18.1 -2005/CSA 8125.1-05, ISO/IEC 17025
Variations Specffied ---------------
Customer/Wholesaler --------------
Contractor - ---------------
Architect
Solis EAF-275 S.S. - Rev. 3a (06/11) The information contained in tnis document is subject to change without notice.
268
RNS-0244 I RNS-0385 Nugget Ice Machines
Model
D RNS-0244A D RNS-0385A
a
Model RNS-0244A
Nugget Ice Machine
Standard Equipment
Model RNS-0385A
Nugget Ice Machine
Ice Scoop, 6" Bin legs, Alternate low Profile legs
Standard legs Adjustable f rom 4-1 / 2" to 6" and
Low Profile Non-Adjustable at 1/ 4"
Ice Machi ne Electric
*11 5/60/1 (230/50/1 also available.)
115/ 60/1 ice machines are factory
pre-wired with a 6' (180 em) power
cord and NEMA 5-15P
plug configuration.
*230/50/1 ice machines are factory
pre-wired with a 6' ( 180 em) power
cord with either: no plug or prewired
with Schuko or Blade "G Type" Plugs.
Total ampacity:
Air-cooled: 10 amps.
Maximum fuse size:
Air-cooled: 15 amps.
HACR-type circuit breakers can be
used in place of fuses
Specifi cations
Condenser Heat of Rejection
(BTU per hour):
2,400 (average) on RN$0244 and
3,500 (average) on RNS0385
Compressor:
Nominal rating: 1/4 HP on
RNS0244 and 1/2 HP on RN$0385
Refrigerant:
R-404A
Operating Limits:
Ambient Temperature
Range:
50' -110"F (10'-43'()
Water Temperature Range:
37'-90' F (3'-32'C)
Water Pressure Ice Maker
Water In:
Min. 14 psi (96.5 kPA)
Max. 80 psi (551 .6 kPA)
Feat ures
New Bite-Size Nugget boasts 90% ice content with
only 10% water offering one oft he best nugget
ratios for maximum cooling and mini mum
drink dilution.
Undercounter installation - RNS0244 for kitchen
counters and RNS0385 for bar height counters.
Up to 300 lbs. (136 kgs) standard daily nugget
ice production including ice and water. True Ice
production calculates just the ice produced helping
end users size their machines appropriately. Up to
270 lbs. (122 kgs) ofT rue Ice daily production.
Per fect for carbonated beverages, blended
smoothies and healthcare/ physical therapy.
Up to 88 lbs. (40 kgs) ice storage capacity.
Hi gh load capacity bearings f or enhanced rel iabil ity.
Heavy duty stainless steel cabinet resi sts corrosion.
Easy access door, sli des up & out of the way.
' 70/SO' F
COMMERCIAL WARRANTY
0
ICEMA!!R tOMPRESSOR
3 2 5
YEAR YEAR YEAR PARTS
O PARIS lABOR 1 YIAR tABOR O
Ice Shape
Nugget ice consists of small
pieces ranging from 3/8" to
1/2" in width and length on
average. Offers a 90% ice
to water ratio with a softer,
chewable texture while
still provi ding maximum
cooling effect and great
dispensibilty.
Ul STDSU SANflA'QON
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Carmel Event Center
60 I C I TY O F C ARM EL
Appendix C
2006 Water Allocation (Update 2/25/13)
City of Carme l
271
2006 Water Allocation (Updated 2/25/13)
TOTAL AVAILABLE WATER RESOURCE 2.970 af
Category #1: Low & Very Low Income Housing .507 af
This category includes residential housing units that meet the affordable housing standards for
low-income and/or very low-income households as estimated by the municipal code.
Category #2: Single Family Residential 0.0 af
Category #3: Multi-Family Residential 0.0 af
This category includes permanent and non-transient multi-family housing in all commercial and
R-4 Districts, including new apartments and condominiums, conversions of commercial space to
residential dwellings, and the housing component of mixed-use projects.
Category #4: Commercial 0.0 af
This category includes construction of new commercial floor space and conversion of existing
space to uses with a greater demand for water. This category also includes the commercial
component of mixed-use projects.
Category #5: Municipal .224 af
This category includes all forms of municipal projects including expansion or renovation of
existing facilities, construction of new facilities and changes in use.
Category #6: Unallocated Reserve
This category is unallocated and is to be held as uncommitted until assigned to a defined
category through adoption of a new Allocation Resolution by the City Council.
1.69 af
Category #7: Mallery/Pescadero Water Transfer Reserve .106 af
This category includes the remaining balance from .960 acre-feet of water originally set aside
through a transfer of development rights for four vacant lots in Pescadero Canyon owned in 1998
by Tim Mallery but dedicated as permanent open-space. This water may be used for residential,
multi-family residential, commercial or public use development as determined by Mallery
provided that the project complies with all zoning and provided that the is located with the City
limits.
Category #8: Spinning Wheel .334 af
This category is for water remaining from .56 acre feet of water that came from the Spinning
Wheel Restaurant.
Category #9: Forest Cottages Pre-commitment .109 af
This category is for water pre-committed to the Forest Cottages Specific Plan for the creation of
two low-income housing units. If this project is denied by the City Council or Coastal
Commission or the project is not under construction by 1 March 2008 or is otherwise abandoned,
the water shall return to Category # 1.
Category #10: Trevvett Court 0.0
272
Attachment "B" -Attorney Letter (Brian Finegan)
Mr. Mark Wiener
Associate Planner
City of Carmel-by-the-Sea
PINEGAN
.\ PnolrJ!. S !-'-Hl!"AL ConT>nRA'I' tOl'-
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SIXTY WEST STHEET . .Sr.T r t: 1
PosT 0Ff,. JCE Hox :.:!Of>l'3
SAJ. !l'AS. C,\ UFOHN IJ\ t>:.H->02
March 20, 2013
Post Office Drawer G
Carmel-by-the-Sea, California 93921
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757-:10 II
"1c>STEREY T l :LLPH()...:r. :l7f'>C)Q:)2
7f'o7U:i:!!J
11. brian(i_i bfinegan com
Re: Events Center Project- Water Allocation
Dear Mr Wiener:
Mr. Jeffrey Peterson has applied to the City for necessary approvals to develop
the existing building on the east side of Dolores Street between Seventh and Eighth
Avenues (Block 91 , Lots 2, 4, 6 and 8) (the "Subject Property") as an events center (the
"Project"). His attorney. Anthony Lombardo, has asked the City to confirm that a total of
1.071 acre feet per year ("afy") of potable water have been previously allocated from the
City's reserve to the Subject Property and are thus available for use in the Project.
A. QUESTIONS PRESENTED.
1. Does the Project have a vested right to any of the City's potable water
reserve by reason of prior legally binding commitments?
2. Does the City have the authority to allocate some or all of the requested
1.071 acre feet per year of potable water to the Project?
B. REGULATORY BACKGROUND.
In 2004, the City adopted its Water Management Ordinance (Ordinances 2004-1
and 2004-2, Sections 17.50.010 through 1 7-50-040 CMC). Section 17-50-030.A
requires the City to adopt a water allocation resolution containing four components:
1. The remaining quantity of water available to the City including any new suppl ies
made available since adoption of the last Allocation Resolution;
273
Page 2
March 20, 2013
2. A list of defined land use or project categories for which water will be made
available;
3. A discrete quantity of water, expressed in acre-feet per year, to be allotted for
each defined land use category; and
4 . A discrete quantity of water to be held as unallocated reserves.
Section 17.50.030. B states:
"Each allocation resolution shall reserve at least 10 percent
of available water resources for projects that will create new
affordable housing units for moderately low-, low- or very
low-income households. Each allocation resolution also shall
ensure that water is reserved for anticipated projects serving
coastal recreation. access and essential public services."
Section 17.50.040 states:
"No change in land use shall be allowed through any permit
or license that could result in a net increase in water use
unless such change has been approved in accordance with
all applicable provisions of the water management program. "
On March 7, 2006, the City adopted the water allocation resolution (Resolution
2006-15, the "Allocation Resolution"). A copy of Exhibit "A" to that resolution, showing
the total available water resource and nine categories of water use allocation, is
attached to this letter as Attachment "A. " Exhibit "A" was updated on February 25, 2013
to reflect the current total available water resource and the current water use
allocations. A copy of the updated exhibit is attached to this letter as Attachment "B."
Between March 7, 2006 and February 25, 2013, the total amount of available water has
declined from 3.26 acre feet to 2.97 acre feet. The amount of water allocated to
commercial use (Category #4) stayed at zero; the amount of the unallocated reserve
(Category #6) stayed at 1.69 acre feet, and the Spinning Wheel allocation (Category #8)
remained at .334 acre feet.
C. THE APPLICANT'S CONTENTION.
The Project applicant engaged Axiom Engineers to analyze the potential water
demand for the Project. According to Axiom, the Project will use 268,900 gallons of
potable water per year (0.825 afy) .
1
1
Axiom Engi neers Carmel Event Center Water Use Study, February 7. 2013.
274
Page 3
March 20, 2013
The Applicant contends that the Events Center project is entitled to three
components of water totali ng 1. 071 a/f/y:
1. A credit for prior water use on the property in the amount of 0.3750
a/fly;
2. A credit in the amount of 0.3495 a/fly year attributable to the so-
called '' LeTowt transfer;" and
3. A credit in the amount of 0.3465 a/fly attributable to the so-called
"Spinning Wheel transfer."
D. ANALYSIS.
1. Prior Use Credit.
The Subject Property is currently developed with two commercial bui ldings
total ing 5,357 square feet of floor area. The buildings were previously occupied by a
bank (Palo Alto Saving & Loan) . Using the Monterey Peninsula Water Management
District (MPWMD) Group I use factor, the Subject Property has an existing water credit
of 0.3750 afy. This water credit has been confirmed by the MPWMO.
The prior use credit of 0.3750 a/f/y is undisputed. Based on the Applicant's most
recent demand estimate by Axiom Engineers. the Event Center proj ect requires a total
of only 0.825 a/f/y of potable water. Thus, the project requires 0.450 a/fly over and
above its prior use credit.
2. Ib_e _ _1:.eTowj Transfer.
On June 6, 2000. by Resolution 00-84, the City 1) accepted a transfer of 0.34950
afy into the City's unallocated water reserve, 2) revised the City's allocation of water
resources to make the transferred water available for the multi-family and commercial
land use categories,
2
and 3) approved a "precommitment" of the transferred water to the
Carmel Center project.
3
. A copy of Resolution No. 00-84 is attached to this letter as
Attachment "C." The findings for Resolution 00-84 cite General Plan policies
encouraging mixed-use development projects, especially housing in the downtown area.
The Carmel Center project was subsequently denied.
'J Although Resolution 00-84 does not specify the amounts to be transferred to each of the two categori es.
the staff report for the item indicates that 0 12900 afy would be allocated to multi-family and 0.22050 afy
would be allocated to commercial.
3
The Carmel Center project (DR 99- 15) involved the remodeling of the two existing structures on the
Subject Property to add a new upper level apartment to one of the structures. and build an additional
commercial structure on the site. The applicant was shown as Greg Tomlinson
275
Page 4
March 20,2013
The Applicant contends that this water was pre-committed to the prior Carmel
Center project on the Event Center project site. and is therefore committed to the Event
Center project. The Applicant's contention is not borne out by the facts.
First of all , paragraph 2 of Resolution No. 00-84 assigns the transferred water to
the multi-family and commercial land use categories
4
The Carmel Center project was a
mixed-use project containing both apartment and commercial uses that would qualify
under both allocation categories. The Event Center project does not include any
residential use.
Secondly, Resolution No. 00-84 consistently uses the term "precommitment"
rather than an outright "commitment. '' The significance of the term "precommitment" is
found in paragraph 4 of the Resolution, which reads as follows:
"Upon approval of project applications, authorizes a letter
from the City to the Water Management District, stating the
City's acceptance of the water transfer to the Carmel Center
site." (Emphasis added.)
It seems clear that the commitment of water to the project site would become
effective only when and if the Carmel Center project application was approved. This
conclusion is consistent with the provisions of Section 17.50.040(a)(6) of the City's
Water Management Program which explains the function of a pre-commitment of water
resources as follows:
"Upon acceptance of an application as complete by the
department, a pre-commitment of water resources shall be
temporarily assigned to the project during processing of the
applications ... For projects that are denied or abandoned, the
pre-commitment shall be terminated and the water shall be
administratively restored to its original allocation category."
The Carmel Center project was denied. Therefore the 0.34950 a/fly of water
from the LeTowt transfer that was pre-committed to the project was terminated.
The policy of terminating pre-commitments of water for projects that are denied
or abandoned makes eminent sense. The City's water resources are a scarce and
valuable commodity, and the City would not want to have those scarce resources held
captive by projects that do not or cannot meet the City's development objectives.
4
The resolution itself does not reflect in what amounts the water is to be divided between the two use
categories However, the staff report for Resolution No 00-84 states that the proposed allocation is as
follows Multi-family- 0.1 2900 acre feet. and commercial- 0.22050 acre feet.
276
Page 5
March 20, 2013
The May, 2004 Draft EIR for the Plaza Del Mar project states that the necessary
allocation of water for that project "has been secured" from three sources discussed in
this letter (the prior use credit. the LeTowt transfer and the Spinning Wheel transfer) .
Applicant argues that this is conclusive evidences that these allocations have been
made irrevocably to the Event Center site (the former Plaza Del Mar site) and thus to
the Event Center project. That argument fails. The Plaza Del Mar project was a very
different project (a mixed-use project consisting of five market-rate condos, two low-cost
apartments and 4,550 square feet of commercial space) addressing entirely different
City goals as expressed in the General Plan and the Water Management Program It is
a novel theory at best to suggest that an Environmental Impact Report conveys vested
property rights The Plaza Del Mar EIR should not be accepted as determinative of the
status of these water allocations.
The Allocation Resolution does not disclose the source of the 1.69 acre feet of
water in the Category #6 Unallocated Reserve. It is possible that the 0.22050 acre feet
of the LeTowt transfer accepted into the commercial allocation category in 2000 ended
up in Category #6: Unallocated Reserve. If so it could stil l be possible for the City to
transfer some or all of this water to the Category #4 Commercial allocation category in
accordance with the procedure outlined in the Water Management Program (see
Alternatives below) . Allocating all of the 0.22050 afy to the Event Center project would
still leave the Project short 0.2295 afy.
3. The Spinning Wheel Transfer.
On or about November 18, 2002, the city Council approved a water use credit
transfer of 0.56 acre feet of water to the city' s unallocated reserve. The water use credit
was attributable to the Spinning Wheel restaurant which had closed permanently.
The transfer was initiated by John Mandurrago, who indicated in a letter to the
City that he needed to have the transfer approved "from the old Spinning Wheel
Restaurant to the Old Great Western Bank site ... "
5
Mandurrago's letter indicated that
the transfer was sought in connection with the Plaza Del Mar Project (formerly the
Penthouses Project) . The Plaza Del Mar project consisted of demolition of the two
existing buildings on the site. and the construction of five market rate condominiums.
two low-cost condominiums, and 4,550 square feet of commercial space. The draft EIR
for the Plaza Del Mar project (May 2004) states that the project would require 1.070 afy
of water, which would be suppl ied as follows: 1) the existing on-site water credit of
0.3750 afy, 2) the 0.3495 afy referred to in Resolution 00-84 (the LeTowt transfer), and
3) 0.3465 afy from the Spinning Wheel Restaurant water transfer. The Plaza Del Mar
project was ultimately denied in November of 2009.
5
Transfers of water from one property directly to another property were not permitted by the MPWMD at
the time. Mandurrago's actual application was for a "Commercial-to-Public" transfer, i.e . a transfer to the
City, not to a specific property or project..
277
Page 6
March 20, 2013
As noted above, the May. 2004 Draft EIR for Mandurrago's Plaza Del Mar project
states that the necessary allocation of water for that project "has been secured'' from
three sources. including the Spinning Wheel transfer. Similarly, the July 14, 2004 staff
report for the Plaza Del Mar project states:
"The project will inherit the water currently allocated to the
site as well as a transfer of water from the old Spinning
Wheel Restaurant and a precommitted City allocation to the
project. "
6
The language of the Draft EIR and the staff report notwithstanding, there is no
evidence that the City ever took any formal action to allocate or "pre-commit" any
portion of the Spinning Wheel transfer to the Plaza Del Mar project or to the Subject
Property. The Spinning Wheel water has consistently remained in a separate category
under the Allocation Resolution. The only evidence suggesting such a pre-commitment
1s the EIR which, as mentioned above, does not convey water rights. The Plaza Del
Mar project was ultimately denied, whereupon any pre-commitment of water, if there
had been any, would have been termi nated pursuant to Section 17.50.040(a)(6) of the
Water Management Program.
4. Summary.
In summary, it is my opinion that the Event Center applicant is entitled to the prior
use credit of 0.3750 a/f/y of water, but is not entitled to the claimed vested credits for
either the 0.3495 a/f/y from the LeTowt transfer, or the 0.3465 a/f/y from the Spinning
Wheel transfer. As noted, this would leave the applicant needing an additional 0 450
a/fly of water for the Event Center project.
E. ALTERNATIVES
The City's Water Management Program (Chapter 17.50 of the Municipal Code)
sets forth a detailed and rigorous process for allocating water to projects.
Section 17.50.040 of the Water Management Program states the basic purpose
of the water use allocation categories:
'The purpose and effect of establishing categories for the
allocation of water supplies are to limit access to water to
those categories that are consistent with the General Plan
and the Local Coastal Program. No change in land use shall
be allowed through any permit or license that could result in
------
6
The "precommitted City allocation to the projec:" appears to refer to the LeTowt transfer reflected in
Resolution No 00-84
278
Page 7
March 20, 2013
a net increase in water use unless such change has been
approved in accordance with all applicable provisions of the
water management program ... "
Section 17.50.030(C) of the Water Management Program explains the function of
the Unallocated Reserves category as follows:
"Water held in unallocated reserves shall not be used for any
project or land use change until transferred to a defined
allocation category. Such transfers shall be made by
adopting a new allocation resolution as described in
subsection (A) of this section. Reserves are intended to
provide a means of adjusting water allocations to respond to
changing conditions and General Plan policy. If new water
resources become available to the City by action of the
Monterey Peninsula Water Management District. they shall
be placed in unallocated reserves administratively until
distributed to other categories through adoption of a new
allocation resolution."
Nothing in the Water Management Program or the Allocation Resolution explains
the use or purpose of the Category #8 Spinning Wheel allocation category.
The Water Management Policy contains very severe restrictions regarding the
treatment of new projects that would require increased water use. For example. Section
17.50.040(A)(4) provides that If the project would require more water from a land use
category than currently remains in that category. the application shall be returned to the
applicant and shall not be processed or shall be denied . Category #4, the Commercial
category under which the Project would fall , currently has no water available, which
would mean that the current application shall not be processed or shall be denied.
Two procedural avenues could conceivably make reserves available to the Event
Center project.
Alternative #1. The City could adopt an amended Allocation Resolution in which
it could re-allocate some or all of the Category #6 Unallocated Reserve and/or some or
all of the Category #8 Spinning Wheel allocation to the Category #4 Commercial
category. This would require a public hearing and the adoptions of findings reflecting
the manner in which the adjusted water allocations respond to changing conditions and
General Plan policy. If such a re-allocation were adopted, then water from the #4
Commercial category could be precommitted to the Project, and t he Project could
continue through the permit process.
279
Page 8 March 20, 2013
Alternative #2. The city could adopt an amended allocation resolution
establishing a purpose for the Category #8 Spinning Wheel category, and establishing
standards for its use which could include the Event Center project.
If you have any questions about the contents of this letter. please feel f ree to
contact me.
-g
.v._ ry truly yours,
(' - ,1,
.
...... -.0-t'?t-L--'d c. -rlk1a L-
Brian
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ATTACHMENT B
283
EXHIBIT R-1
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 00-84
A RESOLUTION ACCEPTING A TRANSFER OF WATER TO THE CITY
ALLOCATING THEW ATER TO THE MIXED-USE CATEGORY
PRECOMMITilNG THE WATER TO THE CAR!vfEL CENTER PROPERTY
AND AUTHORJZING A LETTER TO THE WATER DISTRICT
REGARDING THE ABOVE
------ ----
WHEREAS, the City of Cannel-By-The-Sea's General Plan encourages
mixed-lL"C development projects, especially housing in the downtown area; and
WHEREAS, the Cannel Center applicant is proposing an adaptive reuse
project involving the provision of housing over conmtercial; and
WHEREAS, tlte Carmel Center applicant is also proposing an increase in
couuner..:ial a.rea that is within the City' s zoning are.a. limits; and
\VHEREAS. tl1e mlcs nf the Monterey Peninsula Water
District (MPWMD) the private transfer of water from one land use
category to another; and
WHEREAS, the City' s Zoning Ordinance allows allocation of warer to
particular land use categories, and transference of water from one land use
category to another; and
WHEREAS, tbc City's Zoning Ordinance allows the precommitment of
water to a particular project; and
WHEREAS, the applicant for the Cannel Center project is proposing tO
transfer t.hc- water necessary for the project to the City, provided that the City
transfers the water to the multi-tamily and commercial land use categories and
the water to the Carmel Center project; and
WHEREAS. City Council approval is necessary for the water transfers to
take place; and
WHEREAS, the Planning Commission reviewed the proposed water
tra:nsfen; <:t their 26 April 2000 public hearing and recommended that the City
Council approve U1e actions described below.
ATTACHMENT C
284
Resoluiion 00 84
Page Two
EXH1Bl'l' B-2
NOW, THEREF<ORE, the City Council of the C!ty of Carmel-by-the-Sea
ones resolve as follows :
1. To accept a transfer of 0.34950 acre feet of water into the City' s supplies.
2. To the City's allocation of water resources to make the transferred
water available for the multi-family and commercial land use categories.
3 To approve the precorrmutment of trdtlSferred water to tile Carmel
Center project.
4 . Upon approval project applications, authorizes a letter from the City to
tbe Water Management District, stating the City's acceptance of the water
tr ansfer to the Cam\cl C'..cnte.r site.
PASSED AND ADOPTED by the City Council of the City of Carmel-By-
The-Sea this 6th day of June, 2000 by the following roll call vote :
AYES: COUNCIL .:v'!EMBER..C::: Ha.zdovac, Rose, McCloud
NOES: COUNCil. Ely, Livingston
ABSEN f: COtiNCIL MEMBERS: None
. .t ... \t... (
Sue McCloud, Mayor
Attest:



Brehmer, City Clerk
285
Attachment "C" -Correspondence
Marc Wiener
From: Tony Lombardo _ _ _ --. __
Sent:
To:
Monday, December 17, 2012 2:01 PM
Marc WienP.r
Cc:
Subject: CARMEL EVENT CENTER
Marc:
I am writing on behalf of the Carmel Event Center project located in what is commonly known as the Homescapes building
(on the South East corner of Dolores and J'h) in response to your request for a more detailed description of the project
and the proposed uses of the building.
The Carmel Event Center will consist of the adaptive reuse of the building to provide a new community resource for local
businesses, visitors and residents by providing a venue for events such as meetings, conferences, City events, weddings,
cooking demonstrations or hands-on classes.
The venue will also provide a convenient location for activities such as art shows, wine tastings, fashion shows and other
activities which will be open to the public and encourage additional visitor and commercial activity in downtown Carmel.
For example, local jewelers may come together for a special event retail show. The concept is for the Event Center to
enable local business owners, either alone or in groups, to utilize the space as an extension of their normal business
facilities.
Normal hours of operation proposed will be 8:00a.m. to no later than 10:00 p.m. All City ordinances regarding noise will
be adhered to as a part of the project. The Event Center will provide full food and beverage facilities for those using the
premises.
The applicant proposes to donate one free use day per month for use by local non-profits, provided that the proceeds
benefit the local community, and one day per month for municipal functions.
The applicant is requesting that the City allocate all of the water that was placed previously on this site towards this
project. The applicant is not requesting that the City allocate any additional water to this project other than that which was
previously proposed for use on the site.
Thank you for your assistance. We look forward to being able to present this project to the Planning Commission at the
public hearing on January 9
1
h. Please let me know if there is any additional information you need.
Anthony L. Lombardo
ANTHONY LOMBARDO & ASSOCIATES
A Professional Corporation
450 Lincoln Avenue, Suite 101
Salinas, CA 93901
Phone(831}751-2330
Fax (831) 751-2331
Email tony@alombardolaw.com
PRIVILEGED & CONFIDENTIAL-- ATTORNEY CLIENT PRIVILEGE -- ATTORNEY WORK PRODUCT
The information contained in this electronic transmission is legally privileged and confidential, and it is intended for the sole use of
the individual or entity to whom it is addressed. If you are not the intended recipient, please take notice that any form of
di ssemination, distribution or photocopying of t his electronic transmission is strictly prohibited. If you have received this electronic
transmission in error, pl ease immediately contact Anthony Lombardo at (831) 751-2330 or t ony@alombardolaw.com and
immediately del ete the electronic transmissi on.
1
286
Marc Wiener
From:
Sent:
To:
Cc:
Subject:
Categories:
Hi Mark,
Stephanie Pintar
Tuesday, March 19, 2013 1 :41 PM
Marc Wiener
Dave Stoldt; Gabby Ayala
Carmel Event Center Project (APN 010-145-020)
Red Category
This email is to confirm that MPWMD considers the proposed community center to be a Group II commercial use with a
water factor of 0.0002 AF/SF. The building currently is Group I (0.00007 AF/SF). The conversion from Group I to Group II
for the entire square-footage results in an increased capacity of 0.697 AF, based on your statement that there is
presently 5,357 SF total useable space on the site. Any demolition (i.e. permanent abandonment) of square footage on
the second floor would reduce the amount of water needed from the City's Allocation.
Also as I mentioned: This project does not appear to be suitable for greywater use. This is due to the unpredictability of
event frequency (to generate sufficient greywater for the current and/or next event) and the unfeasibility of storing
greywater. I'm not sure about the possibility of treating greywater and then storing it, however. You might want to talk
with Environmental Health (Richard Le Warne) about it.
Let me know if you need anything else.
Regards,
Stephanie
Stepha niP PmtM
,., IH WU ! j. ,,
;,.t li3 I I)SS Sl.:01 . :(d(t
Save a tree only print if necessary
S Court, !U(Ig. G
Momer-.>y, CA 93940
P.0. 8Cll( 8$
MQntt'rey. CA

www.tnonlt'reywatcrlnfo . .oru
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1
287
Marc Wiener
From:
Sent:
To:
Cc:
Subject:
Marc,
Gail Hatter'
Thursday, March 21, 2013 12:10 PM
Marc Wiener
'- .
Square footages and water
v.com]
o;
As per our discussion, the square footages identified previously in the project description for the building's second floor
is 612 sq. ft. My understanding yesterday from basic math on the 1st floor and basement subtracted from existing and
communications with Fred led me to believe the second floor was larger at 929 sq. ft . However, I must not have been
clear in my communications. As you and I discussed, I believe the difference is explained in the basement numbers. The
second floor of 612 sq. ft . is to be removed. The basement of 850 sq. ft. total will only have 540 sq. ft. of "useable
square feet within the control of the tenant" at the conclusion of this remodel. Stairwells and mechanical rooms are not
useable space. The difference between my 2"d floor number of 929 and the actual of 612 is 317 sq. ft. The difference
between the I.S. square footage for the basement of 850 and the actual post project number is 310 sq. ft .
Therefore the total post project space, as noted in my email yesterday, will be 3888 sq. ft. plus 540 sq. ft. = 4428 sq. ft.
at Group II for a water use increase/transfer need of .511.
Thank you for calling to get clarification on this. Please feel free to contact me again, if you have additional questions.
look forward to receiving a copy of the staff report as soon as it is available. Also as noted, please email me a copy of
the project description for me to review and edit as needed.
PRIVILEGED & CONFIDENTIAL -- ATTORNEY CLIENT PRIVILEGE-- ATTORNEY WORK PRODUCT
The information contained in this electronic transmission is legally privileged and confidential, and it is intended for the sole use of
the individual or entity to whom it is addressed. If you are not the intended recipient, please take notice that any form of
dissemination, distribution or photocopying of this electronic transmission is strictly prohibited. If you have received this electronic
transmission in error, please immediately contact Gail Hatter Crawford at (831) 751-2330 or Gail@alombardolaw.com and
immediately delete the electronic transmission.
(jaibf{affer-Craw(O-rd
Sr. Land Use Specialist
ANTHONY LOMBARDO & ASSOCIATES
A Professional Corporation
450 Lincoln Avenue, Suite 101
Salinas, CA 93901
Phone(831)751-2330
Fax (831) 751-2331
Email Gail@alombardolaw.com
rJJeople- wi&fbrget-what:" yOtV Jay, people- wi&fbrget-what:" yOtV c.lU;4 But-people-wi& JIUWer
fOrget-how yOtV JJ
1
288
TO:
FROM:
DATE:
SUBJECT:
CARMEL POLICE DEPARTMENT
INTER DEPARTMENT MEMO
MARC WIENER, ASSOCIATE PLANNER
MICHAEL CALHOUN, POLICE CHIEF
MARCH 19, 2013
CARMEL EVENT CENTER
The March 2013 Carmel Event Center Negative Declaration report states
that an off duty police officer will be retained on site for traffic control at
each event under their Valet Parking Program (pg 17).
The Carmel Police Department will do everything within our capacity to
staff events but will not be able to provide an off duty officer or reserve
officer at every event. We can schedule personnel as long as we are
afforded ample notice and have available staffing.
We will work with event coordinators to suggest alternatives if staffing is
not available, and to limit liability, recommend only trained and qualified
law enforcement personnel be used for directing traffic on any Carmel
streets during an event.
It is my recommendation that any law enforcement or specially trained
personnel not employed by the City of Carmel shall receive approval by the
Carmel Police Department prior to directing any vehicle traffic on Carmel
City streets.
289
Attachment "D" - Zoning Code
17.38.030 Exceptions.
It is recognized that some sites, due to size, shape, topography, existing buildings, the
availability of land suitable for parking purposes or location within specific land use
districts, may have difficulty meeting all parking requirements. Therefore, the following
exceptions are provided to increase the flexibility in meeting parking requirements:
A. On-Site Parking in the Central Commercial (CC) Land Use District. In contrast to the
other districts within the City, on-site parking is prohibited in the central commercial
(CC) land use district. This policy eliminates the need for curb cuts in sidewalks and the
interference with free pedestrian traffic flow that would result from an excessive number
of driveways. This policy is also intended to enhance the opportunities for creating intra-
block courts and walkways between properties and buildings.
B. Use of Another Site. Parking requirements may be fulfilled by supplying the required
parking on another site upon approval of a use permit. When use of another site for
parking is authorized, such parking shall be located within the commercial district on
property permitting such use. The land area required to provide such parking shall be
legally committed for the full life of the structure for which the parking is required. The
legal commitment shall be of such a nature that it cannot be withdrawn for the life of the
structure, without the consent of the City. Applicants applying for approval of a use
permit authorizing the use of another site for parking purposes must demonstrate one of
the following conditions:
1. The property owners of two or more adjacent properties have proposed a combined
development plan to provide the required parking for their properties, in accordance with
the parking standards established in this chapter, on part of the several sites involved.
2. The project site for which the parking requirement applies is 5,000 square feet or less
in size and has less than 50 feet of street frontage.
3. The construction of required driveway(s) for on-site parking would result in the
excessive loss of curb parking on street.
4. The topography, size, shape or peculiar conditions of the site or the existing
development on the site would make the provision of on-site parking impractical.
5. The site for which parking is required is located within the central commercial (CC)
land use district where on-site parking is prohibited.

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