CITY OF CARMEL-BY-THE-SEA

AGENDA BILL

AB 10168
September 1, 2015
Public Hearing

TO:

Honorable Mayor and Members of the City Council

Douglas J. Schmitz, City Administrator

FROM:

Marc Wiener, Senior Planner

SUBJECT:

Consideration of a Use Permit (UP 15-282) application to allow paid parking to the general
public and off-site parking for the Cypress Inn from the commercial site (71h and Dolores
Event Center). The applicant is CPines?, LLC

AMOUNT OF EXPENDITURE

$ NA

AMOUNTBUDGETED

$NA

APPROPRIATION REQUIRED

$ NA

RECOMMENDATION
Approve the Use Permit (UP 15-282) application subject to the attached findings and conditions.

SUMMARY
EXECUTIVE SUMMARY
The project site is a 16,000-square foot property located at the southeast corner of Dolores Street and
Seventh Avenue. The site is developed with two commercial buildings that are a combined 5,357
square feet in size. The site also includes a parking lot that accommodates up to 30 vehicles when
parked by valet service. On August 6, 2013, the City Council approved a Use Permit (UP 12-20)
application allowing the building to operate as a venue for special events and providing for off-site
parking for the venue. A second Use Permit (UP 14-19) for live music at the site was approved by the
City Council on January 6, 2015. The Conditions of Approval for the original Use Permit is included as
Attachment 4.
Municipal Code Section 17.68.030 classifies the use of the site as a community center, which is defined
as "any public, private, commercial, or nonprofit facility established to provide social, educational,
recreational, or cultural programs, meetings, or lectures, or similar activities." Staff notes that
community centers are a permitted use in the Central Commercial Zoning District; however, a use
permit (UP 12-20) was issued to allow off-site parking for larger events in which parking demand could
not be accommodated on site. Off-site parking for larger events occurs at the Sunset Center parking lot
and at the Carmel Plaza parking garage through a valet service (National Parking and Valet).

Council Meeting Date: 09/01/2015

Agenda Item: 24
Page 1

The applicant (C Pines 7, LLC) is requesting approval of a third Use Permit (UP 15-282) to allow
commercial parking at the site. The project description provided by the applicant, included as
Attachment 3, proposes to use the parking lot to provide valet parking for: 1) 7D events, 2) for Cypress
Inn guests and potentially other hotel guests, and 3) would provide paid parking for the general public.
The applicant has indicated that 7D events would have first priority, and that no other parking services
would be offered when an event is scheduled. The applicant has also indicated that Cypress Inn would
have second priority and that general public would have third priority. The valet service would shuttle
cars from the loading area in front of the Cypress Inn to the Seventh and Dolores parking lot.
City Municipal Code Section 17.68.050 defines a commercial parking facility as "surface lots and
structures. above and below ground, offering parking to the public for a fee." Municipal Code Section
17.14.030 requires a conditional use permit for such use. The use of the site as a commercial parking
facility is not included in the authorization for Use Permit (UP 12-20), which permits the site to be used
as a "community center" with valet parking provided to event attendees in association with events at the
site. Hence, the applicant has applied for a use permit to allow commercial parking at the site.
In previous hearings, two Planning Commissioners recused themselves from applications involving this
facility. One owns property within 500 feet of the project site and the other has stated a conflict of
interest. 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 would have been able to
participate, this Use Permit application has been referred to the City Council for consideration. Staff
notes that Use Permits (UP 12-20) and (UP 14-19) were also reviewed by the City Council due to a
conflict of interest for two of the Planning Commissioners
ANALYSIS/DISCUSSION
With regard to parking in the Commercial District, the Circulation Element of the General Plan provides
the following policy recommendations:

02-4 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.
P2-19 Benefit to and impact on residents of Carmel-by-the-Sea and its visitors shall be the primary
factors to be considered when evaluating and deciding upon development of off-street parking facilities.
(LUP)
P2-21 Investigate possible public parking locations in the commercial areas, in the R-4 area, and
existing sites devoted exclusively to parking in the R-1 district. If a parking structure is considered ,
encourage underground parking, and ensure that the structure is compatible with the neighborhood and
consistent with the Design Guidelines.
P2-25 Evaluate a paid parking program for the downtown.
The applicant is proposing to utilize the site for paid public parking and to provide parking for the
neighboring Cypress Inn and potentially other hotel guests. Staff notes that the Cypress Inn is
permitted 33 units, but has only 9 off-street parking spaces at an off-site location. The applicant's

Council Meeting Date: 09/01/2015

Agenda Item: 24
Page 2

proposal is consistent with policies of the General Plan that encourage investigating opportunities for
providing additional parking in the downtown. Staff could support the proposal with a condition that the
parking lot not be used for paid public parking or for hotel guests during scheduled events, as indicated
by the applicant. A condition of approval has been drafted to address this requirement and includes a
provision that the Use Permit be scheduled for review by the City Council if compliance with this
condition is not met. The City currently employs two code compliance officers that will monitor the site
for compliance.
The applicant's proposal would intensify the use of the site and increase traffic generation to some
degree. However, in staffs opinion the additional parking service would have a minor impact on traffic,
given that only 30 vehicles can be parked at the site . A condition has been drafted requiring that a
status report on Use Permit (UP 15-282) be provided to the City Council within six months from the
date of approval. The condition also requires that the Use Permit be reviewed by the City Council if it is
determined by Community Planning and Building Department or the Police Department that the parking
activity is having a negative impact on the surrounding neighborhood and adjacent intersections or
being used contrary to the authorized conditions.
Staff notes that applicant has requested the ability to allow parking for other hotel guests in addition to
the Cypress Inn. The Conditions of Approval authorizes the site to be used for general hotel guests;
however, the Council may choose to the condition the Use Permit to specifically allow only Cypress Inn
guests. This may be preferable , as it would reduce potential conflicts between parking for hotel guests
and 7D event attendees.
VALET SIGNAGE AND EQUIPMENT
The site has an entrance on Dolores Street and an entrance on Seventh Avenue . The applicant is
proposing to place a valet podium, umbrella, and signage at both entrances. Additional public parking
signage with the fee amount is proposed to be displayed at the entrances when the parking lot is
available for public use. Photographs of the equipment and signage are included in Attachment 3.
Staff supports the design of the podium and umbrella, but has concerns with the design of the public
parking signs. A condition has been drafted requiring the applicant to submit a sign application for
administrative staff approval. Staff recommends that the public parking signs be consistent with City
standards, which includes the use of natural materials such as wood.
ALTERNATIVES
Staff has prepared draft findings and conditions of approval for Council consideration based on the
information submitted by the applicant. As an alternative, the Council could continue the application
with a request for specific changes, or could deny the application and direct staff to prepare findings for
denial based on deliberation at the September 1, 2015 public hearing.

ENVIRONMENTAL REVIEW
This application qualifies for a Class 3 Categorical Exemption from the provisions of the Californ ia
Environmental Quality Act (CEQA) pursuant to Section 15303 of the State CEQA Guidelines. Class 3
exemptions include projects involving limited new construction projects and conversion of small

Council Meeting Date: 09/01/2015

Agenda Item: 24
Page 3

structures. The proposal for commercial parking at an existing downtown parking lot does not present
any unusual circumstances that would result in a potentially significant environmental impact.

PRIOR CITY COUNCIL ACTION

City Council Approved Use Permit (UP 12-20) on August 6, 2013

City Council Approved Use Permit (UP 14-19) on January 6, 2015
ATTACHMENTS

1.
2.
3.
4.

Findings for Approval

Conditions of Approval
Project Description
Use Permit (12-20) Conditions of Approval

APPROVED :
Date:

:<? ~J'

,
/S

Council Meeting Date : 09/01/2015

Agenda Item: 24
Page 4

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
FINDINGS FOR APPROVAL
UP 15-282
C Pines 7, LLC
Southeast corner of Dolores and Seventh Avenues
Block: 91 Lots: 2, 4, 6 & 8
APN: 010-145-020

CONSIDERATION:
Consideration of a Use Permit (UP 15-282) application to allow paid parking to the general public
and off-site parking for hotel guests the Cypress Inn hotel from the commercial site (Event Center)
located at the southeast corner of Dolores and 7th Avenues . The applicant is CPines7, LLC

FINDINGS OF FACT:
1. The project site is 16,000-square foot property located at the southeast corner of Dolores and
Seventh Avenues, in the Service Commercial (SC) Zoning District. The site is developed with
two commercial buildings that are a combined 5,357 square feet in size, and a commercial
parking lot that accommodates 30 vehicles when parked by a valet service.
2. The applicant, C Pines 7 , LLC, submitted a Use Permit (UP 15-282) application to allow paid
parking to the general public (commercial parking) and off-site parking for hotel guests (Cypress
Inn hotel) on August 10, 2015.
3. On August 6, 2013, the City Council approved a Use Permit (UP 12-20) application for the
subject property (APN : 010-145-020), allowing the building to operate as a venue (community
center) for special events with off-site parking . The parking activities permitted under Use
Permit (UP 15-282) would be separate from activities associated with special events authorized
under Use Permit (UP 12-20).
4. City Municipal Code Section 17.68.050 defines a commercial parking facility as "surface lots and
structures, above and below ground, offering parking to the public for a fee ." Municipal Code
Section 17.14.030 requires a conditional use permit for such use subject to general use permit
findings .
5. This application qualifies for a Class 3 Categorical Exemption from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15303 of the State CEQA
Guidelines . Class 3 exemptions include projects involving limited new construction projects and
conversion of small structures. The proposal for commercial parking at an existing downtown
parking lot does not present any unusual circumstances that would result in a potentially
significant environmenta l impact.

FINDINGS FOR DECISION:

1.

The proposed use is not in conflict with the General Plan.

2.

The proposed use, as conditioned, will comply with all zoning standards applicable to the

Council Meeting Date: 09/01/2015

Agenda Item: 24
Page 5

3.

use and zoning district.

The granting of the Use Permit 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.

4.

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, street capacity and fire protection.

5.

The proposed use will not be injurious to public health, safety or welfare and provides
adequate ingress and egress.

6.

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.

7.

The proposed use will not generate adverse impacts affecting health, safety, or welfare of
neighboring properties or uses.

8.

The proposed use will contribute to a balanced mix of uses in the downtown.

Council Meeting Date: 09/01/2015

Agenda Item: 24
Page 6

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
CONDITIONS OF APPROVAL
UP 15-282
C Pines 7, LLC
Southeast corner of Dolores and Seventh Avenues
Block: 91 Lots: 2, 4, 6 & 8
APN : 010-145-020
AUTHORIZATION:
1. This Use Permit (UP 15-282) authorizes the use of the site as a commercial parking lot as
defined by City Municipal Code Section 17.68.050. The applicant is permitted to provide parking
for hotel guests and paid parking to the general public only when events (7D events) are not
scheduled at the site.
2. The parking service shall be staffed and monitored by a valet service at all times. The applicant
shall notify the City of any changes to the valet service provider or changes in on-site parking
operations.
3. The applicant is authorized to install a valet podium, umbrella, and signage at both site
entrances. All valet equipment and signage shall be contained on private property. The
umbrella shall not encroach onto public property or public row air space.
SPECIAL CONDITIONS:
4. At no time shall parking services to hotels guests or the general public be provided while an
event is occurring on site. Violation of this condition shall be grounds for City Council review and
possible amendment or revocation of the Use Permit (UP 15-282).
5. An update on this Use Permit (UP 15-282) shall be provided to the City Council within six from
the date of approval. The permit and its conditions of approval shall be reviewed at that time,
and revisions to the conditions of approval may be made at that time.
6. This Use Permit shall be reviewed by the City Council if it is determined by Community Planning
and Building Department staff or the Police Department that the parking activity is having a
negative impact on the surrounding neighborhood and adjacent intersections or contrary to the
approved conditions
7. The applicant shall submit a Sign Permit application to staff for the proposed public parking
signs. The number, design, and location of the signs shall be consistent with City standards.
8. A summary sheet of basic Use Permit requirements (allowed days, allowed hours, special
mitigations) shall be posted on the premises and shall be available upon request by any
enforcement officer of the City.
9. This Use Permit shall become void and of no further force or effect if the use is not initiated

Council Meeting Date: 09/01/2015

Agenda Item: 24
Page 7

within six months and/or upon termination or discontinuance of the use for any period of time
exceeding six months.
10. 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 City Council.
11. Upon termination or revocation of this use permit and/or business license for any reason, the
use shall immediately cease and shall not be re-established without issuance of a new use
permit.
12. The applicant agrees, at its sole expense, to defend, indemnify, and hold harmless 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.

*Acknowledgement and acceptance of conditions of approval.

Applicant Signature

Printed Name

Date

Property Owner Signature

Printed Name

Date

Once signed, please return to the Community Planning and Building Department.

Council Meeting Date: 09/01/2015

Agenda Item: 24
Page 8

Attachment 3
201

C:\LLE DEL OAKS, SUITE 0

DEL REY O A KS,

CA 93940

PHOM : (831) 646-04 26

FAX:

(831) 646-0433

Valet Parking Management Plan for the 7th & Dolores Parking Areas
Includes the following current/potential uses/clients
7th

and Dolores Events Venue, the Cypress Inn (and/or future Hotel clients),
and at 7th & Dolores site for general public

National Parking has been and will continue to manage all valet parking at the ih and Dolores property.
It is proposed that National Parking will begin to manage the parking for three groups, the Cypress Inn,
7D Events, and the General Public. The typical demand for the groups is outlined below:
151 priority:
2nd priority;
3rd

priority:

7D Events- As provided for in the existing Event Center Use Permit.

Cypress Inn Hotel Guests- From check in to check out. In the event future hotels
contract with 7 111 & Dolores for this service, the same time periods will apply.
Based on availability, parking will be open to the General Public during non-event hours
and/or if spaces are available.

ih and Dolores
Valet parking will be provided for 7D customers, as specified in the existing Event Center Use Permit.
Cars will be queued on the 7D site and moved to offsite locations, as indicated in the parking plan. No
changes are proposed for the event use or the parking for those events, as specified in the existing use
permit. Parking in the 71h and Dolores parking areas will not be open to the Cypress Inn guests or the
general public during times for which an event is scheduled. National Parking will insure that the ih
and Dolores parking areas are clear of all vehicles prior to any scheduled event.
Cypress Inn (and/or future Hotel Clients)
Valet will greet guests from the loading zone at the (applicable) hotel. Cars will be parked in ih and
Dolores parking areas, at the Cypress Inn's lot one block south of the hotel entrance, at other applicable
hotel lots or at other available locations in the City. Each guest will be asked a series of questions
gauging the desired length oftime for parking. If for example a car is not needed for a day or two or if
there is scheduled event at 70, National Parking will park the car in an offsite location further away
from the downtown. The 70 location contains 30 parking spots and the Cypress Inn lot contains 9 spots
with valet parking. Future Hotel clients' lots will be added for service, as available for their clients.
Additional parking areas available to the valet include the Carmel Plaza garage and the Sunset Center.
General Public
When there is availability, National Parking will open the 7D lot up to the general public. Priority will
tirst be first to 7D events, then to the Cypress Inn/Hotel clients, and then to the general public.

Council Meeting Date: 09/01/2015

Agenda Item: 24
Page 9

20! CALLE D EL OAKS, SUITE D

DEL REY OAKS, CA 93940
PHONE: (831) 646-04 26
FAX: (831) 646-0433

- -----Equipment
Podium, umbrella, sign- magnetic on podium "Valet Parking Available" size:approx. 12X 18 inches

Valet Location at ih & Dolores:

Fee Signage indicating applicable fees:

Council Meeting Date: 09/01/2015

Agenda Item: 24
Page 10

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Page 11

Attachment 4

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
CONDITIONS OF APPROVAL
UP 12-20
Carmel Event Center
CPines 7 LLC
SE Cor. Dolores & 7th
Block 91, Lots 2, 4, 6 & 8

CONSIDERATION:
Consideration of Findings and Conditions for the approval of a Use Permit application
and certification of a Negative Declaration for the Carmel Event Center Project.
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 IS/ND 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.

If the Event Center project is not implemented the pre-committed water will return
to the "Unallocated Reserve" category. Any water not needed for the Event
Center project shall be reallocated into the "Unallocated Reserve" category.

4.

Hours of operation shall be limited from 8:00 a.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.

5.

Retail events lasting longer than one week 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.
Council Meeting Date: 09/01/2015
Agenda Item: 24
Page 12

6.

The applicant shall make a schedule of events available to the City upon request
and shall be posted on-line. The City reserves the right to detennine whether the
scheduled events are consistent with the permitted use of the property and
consistent with the zoning code.

7.

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.

8.

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.

9.

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.

10.

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.

11.

Violations of the terms of this use permit or other ordinances of the City may
constitute grounds for revocation of this use pem1it and the associated business
license by the Planning Commission.

12.

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 and/or
the Planning Commission. All changes shall be minor in nature and shall maintain
the architectural language and integrity of the building. No notice-attracting
features, such as banners, balloons, streamers, lights, additional signs, or flags
shall be installed without written approval from the City.

Council Meeting Date: 09/01/2015

Agenda Item: 24
Page 13

13.

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.

14.

At least one restroom for each sex shall be available for use 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.

15.

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.

16.

The applicant agrees, at its sole expense, to defend, indemnify, and hold harmless
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.

Council Meeting Date: 09/01/2015

Agenda Item: 24
Page 14