use permit (up 15-282) application 09-01-15

8/20/2019 Use Permit (UP 15-282) Application 09-01-15

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8ITY OF CARMEL BY THE SEA

AGENDA BILL

AB 1016

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 (7

1

h

and Dolores

Event Center). The applicant is CPines?, LLC

AMOUNT OF EXPENDITURE

NA

MOUNTBUDGETED 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).

Cou

nc

il Meeting Date: 09/01/2015

Agenda Item: 24

Page 1


2/14

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

nd

structures. above and below ground, offering parking to the public for a f e. 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

th

at it is not practical to provide sufficient parking that meets total demand at every

location; but that it

is

desirable to provide, where practical, a lternate 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

of f

-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. f 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 applica

nt

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:

4

Page 2


3/14

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

st ffs 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

in

cluded

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. Staf f 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 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

Council Meeting Da te: 09/01/2015

Agenda Item: 24

Page 3


4/14

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.

Findings for Approval

2.

Conditions o Approval

3. Project Description

4. Use Permit 12-20) Conditions

o

Approval

APPROVED

,

Date


5/14

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 Perm it 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 CP ines7, 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 pub lic (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 of f-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

nd

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


Agenda Item: 24

Page 5


6/14

use and zoning district.

3

The granting

o

the Use Permit will not set a precedent for the approval

o

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 o

neighboring properties or uses.

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


Agenda Item: 24

Page 6


7/14

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

PN

: 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.

t

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 Counci l 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


Agenda Item: 4

Page 7


8/14

within six months and/or upon termination or discontinuance of the use for any period

of

time

exceeding six months.

1

. 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 l cense 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

n

the defense. The City may at its sole discretion participate

n

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 resolut on

of

all

such actions by the parties hereto.

Acknowledgement and acceptance o conditions of approval.

Applicant Signature

Printed Name Date

Property Owner Signature Printed Name Date

Once signed please return

t

the Community Planning and Building Department.


Agenda Item: 24

Page 8


9/14

Attachment 3

201 C:\LLE DEL

OAKS SU ITE

0

DEL REY O AKS

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:

1

51

priority:

2nd

priority;

rd 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

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 7

1

h

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 i

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 i 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 availabili ty, 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.


Agenda Item:

24

Page 9


10/14

Equipment

20

CALLE D

EL

OAKS SUITE D

DEL

REY OAKS,CA

93940

PH

ONE:

831) 646-0426

FAX: 831) 646-

0433

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

18

inches

Fee Signage indicating applicable fees:

Valet Location at

ih

Dolores:

Council Meeting Da

te

: 09/01/2015

Agenda Item: 24

Page 10


11/14

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Attachment

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

UP 12-20

Carmel Event Center

CPines 7 LLC

SE Cor. Dolores

th

Block 91, Lots 2, 4, 6 8

CONSIDERATION:

CONDITIONS

O

APPROVAL

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.


Agenda Item: 24

Page 2


13/14

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 Po lice Department to provide traffic

coordinators for special events. Only trained and qualified law enforcement

personnel shall be

used for directing traffic. Any l

aw

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:

4

Page 3


14/14

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. f 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

use permit (up 15-282) application 09-01-15

Documents