CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

January 11, 2017
To:

Chair Goodhue and Planning Commissioners

From:

Marc Wiener, AICP, Community Planning and Building Director

Submitted by:

Catherine Tarone, Assistant Planner

Subject:

Consideration of a Use Permit (UP 16-451) application to expand an

existing restaurant (Little Napoli) into an adjacent commercial space
located in the Central Commercial (CC) Zoning District

Recommendation:
Approve Use Permit (UP 16-451) subject to the attached findings and conditions
Application:
Location:
Block:
Applicant:

UP 16-451
APN: 010-146-007
NE corner of Dolores Street and 7th Avenue
76
Lot: 20 & 22
Richard Ppe
Property Owner: Rod Dewar

Background and Project Description:

Little Napoli Restaurant is located on the east side of Dolores Street, two storefronts north of
7th Avenue in the El Paseo building in the Central Commercial (CC) Zoning District. The building
includes an exterior courtyard that is accessible from both Dolores Street and 7th Avenue. On
the south side of the El Paseo buildings courtyard is a second commercial space which
currently houses Vino Napoli, a wine tasting room owned and operated by Richard Ppe, who is
also the owner of Little Napoli restaurant. The applicant, Richard Ppe, is proposing to expand
Little Napoli restaurant in the space currently occupied by Vino Napoli. The expansion requires
the issuance of a new Use Permit for Little Napoli (UP 16-451) and the revocation of the Vino
Napoli Use Permit (UP 09-1). The applicant intends to purchase water credits from Malpaso
Water Company to support the restaurant expansion and associated seating.

207

UP 16-451 (Dewar-Little Napoli)

January 11, 2017
Staff Report
Page 2

Little Napoli restaurant has been in operation since 1994. The restaurant currently operates
under Use Permit 11-13, which was issued in February 2013 to allow for 12 outdoor seats. Little
Napoli restaurant is currently permitted a total of 60 seats: 48 interior and 12 exterior seats in
the courtyard. With the expansion there would be an addition 38 seats in the Vino Napoli space
and 8 new seats are proposed in a separate space located on the northeast side of the
courtyard, which is labeled on the plans as a library (see Attachment E). In 2010, a business
license was approved for the use of this space as an administration office for Little Napoli.
According to the applicant, the space is currently used for meetings and as an employee break
room. The total proposed interior and exterior seating for Little Napoli would increase from 60
to 106 seats. The existing Use Permit allows Little Napoli to stay open from 7:00 am to 11:00
pm, however, the applicant is proposing new hours of 9:00 am to 11:00 pm.
The applicant has provided a floor plan (Attachment E) illustrating the proposed interior and
exterior seating which will remain the same as existing with the exception of the addition of the
library area to the restaurants seating. As previously stated, the applicant is not proposing any
construction for either commercial space. Staff is recommending approval of this application
subject to the attached conditions.
Staff Analysis:
Restaurant Use Permit: Full-line restaurants require a Conditional Use Permit to be issued by
the Planning Commission. According to CMC 17.14.040.I, Any sale of alcoholic beverages shall
be subordinate to this primary use and, no more than 20 percent of the total number of seats
are at a bar or in a separate bar room.
Analysis: The applicant is proposing a total of 106 seats including 8 seats located at a bar which
constitutes 7.5 percent of the restaurants total seating. This number of bar seats located in the
proposed southern space maintains the existing number of seats at the bar and complies with
the requirements of the Municipal Code.
Courtyard Usage: Staff notes that the Vino Napoli space does not contain a kitchen. Waiters
will thus deliver meals through the side doors of the restaurant, across the interior public
courtyard, to the rear door of the Vino Napoli south space. The applicant states that the side
doors are currently used to deliver meals to the outdoor tables in the courtyard (see the site
photographs in attachment A). Staff notes that the seats in the courtyard are only used on
weather-permitting days since no heaters are located in the courtyard. However, since servers
will be serving the existing 12 seats in the courtyard, plus 8 seats in the library, and 38 seats in

208

UP 16-451 (Dewar-Little Napoli)

January 11, 2017
Staff Report
Page 3

the Vino Napoli south space, the frequency of meal delivery across the courtyard will increase.
Staff notes that the courtyard is publicly-accessible and contains a historic statue. The staff
report issued in 2011 for the courtyard seating states, The Commission wanted to ensure that
public access to the courtyard and to the historic statue was not impeded by the proposal.
Public access to this courtyard is shared with an existing real estate office that has a main
entrance that faces 7th Street on the south side of the building and a second entrance that faces
the courtyard. Thus, the primary foot traffic through the courtyard is from sightseeing members
of the public and individuals using the courtyard to cross from Dolores Street to 7th Avenue.
Staff has included a condition of approval contained in the original Use Permit UP 11-13 that
the courtyard and statue shall continue to be accessible to the public at all times.
Increased Restaurant Seating: According to CMC 17.14.040.I, The maximum seating capacity
shall not exceed the standards in the State Uniform Building and Fire Codes, the number of
seats approved by the Planning Commission through public review, or the number of seats in
the previous business, whichever is less. The seating capacity shall be posted on the premises.
Analysis: The addition of the Vino Napoli space will increase Little Napolis existing seating from
60 to 98 seats. Additionally, if the existing office space adjoining the restaurants kitchen is
approved by the Planning Commission to provide new seating for 8, the total seating for Little
Napoli will be 106 seats. The applicant notes that water will be purchased from the Malpaso
Water Company for the new seating and the change in use. Staff can support the use of the
office space for restaurant seating since the conversion of this interior space would not alter
pedestrian access to the public courtyard or change the character of this area.
Staff recommends that the Planning Commission approve the maximum of 106 seats as
proposed by the applicant. However, it should be noted that Special Condition #21 states that
this limit is a maximum, and may be reduced by the Building Official to meet the State Uniform
Building and Fire Codes.
Trash Storage: According to CMC 17.14.040.I, 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.

209

UP 16-451 (Dewar-Little Napoli)

January 11, 2017
Staff Report
Page 4

Analysis: The applicant has provided a floor plan and has stated that the trash storage will
remain the same as existing. The trash area is located along the south walkway/alleyway
connecting the courtyard to 7th Avenue (see photographs in Attachment A). The trash is stored
away from the street and is concealed within a large wooden trash enclosure. The existing
trash area appears to satisfy the Municipal Codes requirements. Staff has included the
following conditions of approval on the use permit to ensure that the trash storage area will
meet all the necessary stormwater requirements:
a. The trash storage area shall be designed and maintained to prevent storm water
contamination by loose trash and debris.
b. All drainage from adjoining roofs and pavement shall be diverted around the trash area
to minimize water flow through the storage area.
c. The trash storage area shall be maintained in a screened or walled area to prevent offsite transport of trash.
Public Restroom Availability: According to CMC 17.14.040.I, 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.
Analysis: According to the floor plan submitted by the applicant, (Attachment E), the Little
Napoli space and the library each have their own bathrooms and the Vino Napoli space has an
ADA-accessible bathroom.
Environmental Review: The 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.
ATTACHMENTS:

Attachment A Site Photographs

Attachment B Findings for Approval
Attachment C Conditions of Approval
Attachment D Letter from the Applicant
Attachment E Little Napoli Existing and Proposed Floor/Seating Plan

210

Attachment A

Little Napoli Restaurant Site Photographs

Front (west) elevation of the existing building

211

Interior Courtyard View From Dolores Street

Interior Courtyard rear view Facing 7th Avenue and the rear Door of Vino Napoli (circled)

212

Side Doors on Little Napoli Space that will be used to access the south Vino Napoli space to
the right

Real estate office with an entrance facing the courtyard (right) and library office entrance
(left)

213

Existing and proposed trash area

214

Attachment B Findings for Decision

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
FINDINGS FOR DECISION
UP 16-451
Richard Ppe (Little Napoli Restaurant)
NE corner of Dolores Street and 7th Avenue
Block 76; Lot 20 & 22
APN: 010-146-007
CONSIDERATION:
Consideration of a Use Permit (UP 16-451) application to expand an existing restaurant (Little
Napoli) into an adjacent commercial space located in the Central Commercial (CC) Zoning
District
FINDINGS OF FACT:
1.

The project site is located on the east side of Dolores Street, 2 storefronts north of 7th
Avenue in the Central Commercial (CC) Zoning District.

2.

Little Napoli restaurant has been in operation since 1994. The restaurant currently
operates under Use Permit 11-13 which was amended in February 2013 to allow 12
exterior seats. As per this use permit, the existing restaurant is allowed a total of 48
seats plus 12 exterior seats in the courtyard which equals a total of 60 exterior seats.

3.

On October 31, 2016, a use permit application was submitted to expand Little Napoli
restaurant into the southerly adjacent space currently occupied by Vino Napoli.

4.

Carmel Municipal Code Section 17.14 Schedule II-B establishes that full line restaurants
are a conditionally permitted use and are subject to Planning Commission approval.
This Use Permit (UP 16-451) supersedes all previous use permits at this location.

5.

The application is exempt from the requirements of the California Environmental

Quality Act (Class 3 New Construction or Conversion of Small Structures).

FINDINGS FOR DECISION:

1.

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

2.

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

3.

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
215

UP 16-451 (Dewar-Little Napoli)

January 11, 2017
Findings for Approval
Page 2

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, and fire protection.

5.

The proposed use will not be injurious to public health, safety or welfare.

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.

That allowing the proposed use will not conflict with the Citys goal of achieving and
maintaining a balanced mix of uses that serve the needs of both local and nonlocal
populations.

9.

That proposed use will provide adequate ingress and egress to and from the proposed
location.

10.

That the capacity of surrounding streets is adequate to serve the automobile and delivery
truck traffic generated by the proposed use. (Ord. 2004-02 1, 2004; Ord. 2004-01 1,
2004).

216

Attachment C Conditions of Approval

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
CONDITIONS OF APPROVAL
UP 16-451 (Little Napoli Restaurant)
Richard Ppe
NE corner of Dolores Street and 7th Avenue
Block 76; Lot 20 & 22
APN: 010-146-007
PROJECT DESCRIPTION:
Consideration of a Use Permit (UP 16-451) to establish a restaurant located in the Central
Commercial (CC) District
STANDARD CONDITIONS (Pursuant to CMC 17.14.040.I):
1.

This permit authorizes the use of a full-line restaurant as defined in Section CMC
17.68.030. No more than 20% of the seating is permitted at a bar or in a separate bar
room.

2.

Any sale of alcoholic beverages shall be subordinate to this primary use.

3.

The applicant shall obtain all necessary permits from the Monterey County Health
Department prior to building permit issuance.

4.

The restaurant shall not operate as a Drive-in, Formula Food or Fast Food
establishment as defined in CMC Section 17.70.

5.

Substantially all foods from the standard menu shall be available for purchase during the
hours that alcoholic beverages are being served except for the first hour and the last
hour of each business day.

6.

Food sold for consumption off the premises shall be incidental to the primary use. Such
food shall be placed in covered containers or wrapping.

7.

Customers shall be provided with individual menus while seated at a table or counter.

8.

The sale of nonfood merchandise that is directly related to the use may be allowed
when determined to be incidental to the primary use. The display of nonfood
merchandise is prohibited.

217

UP 16-451 (Dewar-Little Napoli)

January 11, 2016
Conditions of Approval
Page 3

9.

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.
9a.
9b.
9c.

The trash storage area shall be designed and maintained to prevent storm water
contamination by loose trash and debris.
All drainage from adjoining roofs and pavement shall be diverted around the
trash area to minimize water flow through the storage area.
The trash storage area shall be maintained in a screened or walled area to
prevent off-site transport of trash.

10.

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.

11.

Maximum seating capacity shall not exceed the standards in the State Uniform Building
and Fire Codes, the number of seats approved by the Planning Commission through
public review, or the number of seats in the previous business, whichever is less. The
seating capacity shall be posted on the premises. This limit is a maximum and may be
reduced by the Building Official to meet the State Uniform Building and Fire Codes.

12.

Except as provided in CMC Sections 8.68.070 and 8.68.080, no restaurant shall provide
prepared food to its customers in CFC-processed food packaging or polystyrene foam
food packaging, nor shall any restaurant purchase, obtain, keep, sell, distribute, provide
to customers or otherwise use in its business any CFC-processed food packaging or
polystyrene foam food packaging. The restaurant shall comply with all other
requirements in CMC Section 8.68.

13.

Approval of this application does not permit an increase in water use on the project site.
The applicant shall purchase water from the Mal Paso water Management Company for
the increase in water use.

14.

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 City.

218

UP 16-451 (Dewar-Little Napoli)

January 11, 2016
Conditions of Approval
Page 4

15.

This Use Permit shall become void and in no further force or effect if the use is not
initiated within six months of the issuance of the Certificate of Occupancy from the
Building Official.

16.

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.

17.

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.

18.

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.

SPECIAL CONDITIONS:
19.

The restaurant shall be considered a full line restaurant for zoning purposes and shall
be limited to 96 interior seats in the north, south and office space adjoining the kitchen
of the north space of the Little Napoli restaurant and 12 exterior seats in the El Paseo
Building courtyard. No other spaces at this site shall be used for restaurant seating
unless separately authorized by a use permit. Restaurant hours shall be limited to 9:00
a.m. to 11:00 p.m. seven days a week.

20.

The outdoor seating area shall be entirely contained on private property.

21.

No exterior building lighting on Dolores Street is approved except for what is allowed for
exterior signs per CMC Section 17.40.

22.

No additional exterior lighting, heaters, windscreens or signage are approved at this

time. Any future proposal for any of these features would require approval of a design
review application from the Department of Community Planning and Building.

219

UP 16-451 (Dewar-Little Napoli)

January 11, 2016
Conditions of Approval
Page 5

23.

The outdoor seating shall not impede public access to the courtyard and historic statue.
Public access shall be maintained at all times. Outdoor seating shall be limited to a
maximum of 12 seats and no more than three tables (four seats per table).

24.

No vehicles shall be parked on the public sidewalk or the interior courtyard.

25.

The Use Permit (UP 09-1) issued to Vino Napoli is revoked with the expansion Little
Napoli and associated issuance of Use Permit (UP 16-451). Vino Napoli signage shall be
removed from the site.

*Acknowledgement and acceptance of conditions of approval.

_____________________
Applicant Signature

_________________
Printed Name

___________
Date

______________________
Property Owner Signature

_________________
Printed Name

___________
Date

220

October 31st, 2016

RE: Little Napoli and Vino Napoli Use Permit Merger
Overview:
The original Little Napoli space in the El Paseo Building has had a full-line
restaurant use permit dating back many decades and has been operated as Little
Napoli ~ince 1994. In 1997, Little Napoli purchased water credits from the closed
Spinning Wheel Restaurant and transferred the credits to the El Paseo Building,
which allowed for the expansion from about 28 seats to 48 seats inside.
The Vino Napoli space was for many years a retail space, but was transformed into a
wine tasting room in about 2009 .
The general purpose of this application is to merge both spaces under the Little
Napoli full-line restaurant use permit and abandon the wine tasting room permit at
Vino Napoli, thereby allowing the service of full meals in all spaces.
Additional water credits will be purchased from The Malpaso Company, an amount
determined by either the City of Carmel or the MPWMD. The overall goal is to be
permitted for 94 seats inside and 12 seats outside in the courtyard.

~~~~~

lijli'''
Al PE BBLL

B EACH ~

PEP
W I NERV

A detailed seating chart is included in this application. There are no plans to make
any physical chang~s to the interior spaces.
One additional request is to change the hours of operation to allow service from 9:00
am to 11 :00 pm.
Thank you for your

~onsideration.

Sincerely,

:Ricfi Ptjpe
www.chefpepe.com
PO BOX 901
Carmel, CA 93921
831-521-9631

RECEIVED

OCT 31 2016
City of Carmel by-the-Sea
Planning & Building Dept.
221

222

REAL ESTATE OFFI[]O

RECEIVED
OCT 81 2016
City of Cannel-by-the-Sea

~~

Planning & Building Dept.

I
I

COURTYARD
12 SEATS

=>

KITCHEN

>

<(

4
BAR-BSEATS

J:

J-

I-~
SERVICE

2
2

r-...

VINO NAPOLI
38 SEATS

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SEAT COUNT:

LOWER FLOOR PLAN

DOLORES STREET

t-1

MAIN DINING
COURTYARD
LIBRARY
VINO NAPOLI

48 SEATS
12 SEATS
8SEATS
38 SEATS

TOTAL

106 SEATS

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10.20.11

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lOWER PLAN

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