144

To:
From:
Submitted by:
Subject:
CITY OF CARMEL-BY-THE-SEA
Council Report
November 5, 2013
Honorable Mayor and Members of the City Council
Jason Stilwell, City Administrator
Rob Mullane, AICP, Community Planning and Building Director
Marc Wiener, Senior Planner
Consideration of an appeal of the Planning Commission's decision to
approve a Use Permit (UP 13-13) with special conditions for the
expansion of an existing restaurant located on the west side of San Carlos
Street between Ocean and Seventh Avenues in the Doud building. A
condition of approval is being appealed by the restaurant owner: Chloe
Dolata.
Recommendation: Deny the appeal, and uphold the Planning Commission's decision to
approve UP 13-13 with special conditions.
Executive Summary: The project site is located on the west side of San Carlos Street between
Ocean and Seventh Avenues in the Doud building. There is a restaurant
within the building named Carmel Belle. Carmel Belle was issued a
business license by the City in 2009, and operates under an existing Use
Permit (UP 01-18), which was previously assigned to a restaurant named
Paulina's. Carmel Belle provides a full range of food items, and
customers order and pay for their meals at a counter prior to eating.
The restaurant currently operates with 63 seats but is permitted a total
75 seats under UP 01-18. The applicant is proposing to expand the
existing restaurant into two adjacent retail spaces on the south end of
the building in order to utilize the permitted 75 seats and to allow for
more space and circulation within the restaurant.
The restaurant would be expanded from 1,500 square feet to 2,900
square feet, which includes the expansion of the kitchen prep area by
approximately 120 square feet. As part of the kitchen expansion a new
glass partition/display case is proposed near the San Carlos Street
1
145
Analysis/Discussion:
entrance. The expansion of the restaurant requires the approval of a
new Use Permit.
Planning Commission Review and Staff Analysis
Use Permit UP 13-13 was reviewed by the Planning Commission on
September 11, 2013, and approved with the following special conditions:
1. This Use Permit (UP 13-13) permits the expansion of the
restaurant from approximately 1,500 square feet to 2,900 square
feet and also allows the expansion of the kitchen prep area by
approxi mately 120 square feet . The total restaurant capacity shall
be maintained at 75 seats. This Use Permit authorizes the retail
sale of specialty food items not to exceed 5-10% of the business.
2. Customers shall have the option of being provided menus while
seated at a table or counter.
3. Except for takeout service, all customers shall pay for their meals
after eating.
4. Restaurant hours shall be limited to 8:00 a.m. to 9:00 p.m. seven
days per week.
The appellant (restaurant owner) is appealing Special Condition #3, which
requires that customers pay for their meals after eating. This condition
was drafted by staff to address the existing non-conforming operation of
the business.
Full-line restaurants are allowed as a conditional use in the Central
Commercial Zoning District. According to CMC Section 17.68, full line
restaurants provide "a full line of prepared food and drinks using non-
disposable plates, glasses and utensils for immediate consumption on the
site. These restaurants provide table service to patrons of all ages who
pay after eating. Takeout service may be provided."
Carmel Belle offers a full range of food items and provides table service
by serving meals to customers while seated. One aspect of the
restaurant that is inconsistent with the definition of a full line restaurant
is that customers pay for their food at a counter prior to eating as
opposed to after the meal. When the business license was approved in
2
146
2009, this service arrangement was allowed as a continuation of an
existing use.
Additionally, in 2011, the Planning Commission reviewed a proposal for a
new restaurant named 4002, which was at a different location. The
Commission determined that having customers pay before they eat
rather than after would not disqualify a restaurant from being defined as
a conforming full-line restaurant. However, the approval for 4002 was
appealed to the City Council, and a condition was applied that required
customers to pay after eating with the exception of take-out orders.
Based on the code definition of a full-line restaurant and the 2011 City
Council decision for 4002, Carmel Belle restaurant remains a non-
conforming use. CMC 17.36.050 states that : "no non-conforming use
may be expanded or extended into an existing portion of a building that
was not previously occupied by the same nonconforming use." As such,
the applicant should not be allowed to expand the restaurant seating and
floor area unless the operation is brought into compliance.
The special conditions approved by the Planning Commission on
September 11, 2013, are intended to bring the restaurant into
compliance. Staff notes that Carmel Belle would be permitted to
continue allowing its customers to order from the counter. However,
Special Condition #3 requires payment after consumption of the meal.
Basis for Appeal
The appellant has expressed concern with Special Condition #3, which
states that 1/except for takeout service, all customers shall pay for their
meals after eating." The appellant has requested to expand their existing
non-conforming use to new portions of the building. As stated in the
previous section, CMC 17.36.050 clearly states that non-conforming uses
cannot be expanded into new portions of the building.
Alternative Options
Staff recommends that the City Council deny the appeal and maintain the
application of Special Condition #3. Alternative options for the Council to
consider include the following:
Option 1: The Council could revise Special Condition #3 to limit its
applicability to the areas into which the restaurant proposes to expand.
CMC Section 17.36.050 states that: "no non-conforming use may be
3
147
expanded or extended into an existing portion of a building that was not
previously occupied by the same nonconforming use." Based on this
requirement, the City Council could potentially authorize the existing
seating area to maintain its existing non-conforming operation, which
allows customers to pay before they consume the meal. However, the
expanded portions of the restaurant would be required to comply with
the requirement that customers pay after consuming the meal.
This arrangement could be determined to be consistent with the Zoning
Code requirements for non-conforming uses; however, staff notes that
such a split operation may be a challenge for the restaurant owner and
may be confusing to customers. Furthermore, such an arrangement may
require City staff resources to ensure compliance with this requirement .
Option 2: The Council could direct the appellant to apply for a Zoning
Code Amendment to either amend CMC Section 17.36.050, which
addresses the expansion of non-conforming uses, or amend the
definition of a full-line restaurant, which is set forth in CMC Section 17.68
and which requires that customers pay after they eat. The section of the
CMC states that a full-line restaurant is defined as: "A full line of prepared
food and drinks using non-disposable plates, glasses and utensils for
immediate consumption on the site. These restaurants provide table
service to patrons of all ages who pay after eating. Takeout service may
be provided."
Staff notes that a code amendment to either of the noted sections would
have to first be considered by the Planning Commission, approved by the
City Council, and separately certified by the Coastal Commission as an
amendment to the City's Local Coastal Program.
Summary of Staff Analysis of Appeal
After analyzing the issues presented by the appellant, staff concludes
that the special conditions drafted for UP 13-13 are consistent with the
Zoning Code requirements for a non-conforming use. Staff concurs with
the Planning Commission decision to approve the Use Permit subject to
the special conditions as approved by the Planning Commission to
address the non-conforming operation of the business.
This hearing is a de novo hearing, meaning that the City Council is
responsible for reviewing the entire project and is not bound by the
decision of the Planning Commission. The September 11, 2013 Planning
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148
Commission staff report, findings, conditions of approval for UP 13-33,
and meeting minutes are included as Attachment E for the City Council's
consideration. Staff has also provided project findings and conditions of
approval, included as Attachments A and B respectively, for the Council's
consideration.
Previous Council
Action/Decision History:
This Use Permit (UP 13-13) was unanimously approved by the Planning
Commission (4-0 vote) with special conditions on September 11, 2013.
Attachments:
• Attachment A- Project Findings dated 11/5/13
• Attachment B- Conditions of Approval dated 11/5/13
• Attachment C- Appeal Application
• Attachment D- Applicant's Letter submitted to the Planning Commission on 9/11/13
• Attachment E- PC Staff Report, Findings, Conditions, and Minutes dated 9/11/13
• Attachment F- Project Plans
Reviewed by:
City Administrator   City Attorney D Administrative Services D
""
Asst. City Admin. D Dir of CPB   Dir of Public Svcs D
Public Safety Dir D Library Dir D Other D
5
149
Attachment A- Use Permit Findings
CITY OF CARMEL-BY-THE-SEA
FINDINGS FOR DECISION
UP 13-13
Chloe Dolata (Carmel Belle)
W/s San Carlos between Ocean & ih in the Doud building
Block 76, Lots 9-11
APN: 010-146-002
CONSIDERATION:
Findings for the approval of Use Permit (UP 13-13) to expand an existing restaurant at a site
located in the Central Commercial (CC) District
FINDINGS OF FACT:
1. The project site is located on the west side of San Carlos Street between Ocean and
Seventh Avenues in the Doud Building. The site contains a restaurant named Carmel
Belle.
2. A business license was approved for Carmel Belle on June 8, 2009. Carmel Belle
currently operates under use permit UP 01-18, previously assigned to a restaurant
named Paulina's.
3. Carmel Municipal Code Section 17.14 Schedule 11-B establishes that full line restaurants
are a conditionally permitted use and are subject to Planning Commission approval.
4. On July 16, 2013, the applicant submitted a Use Permit (UP 13-13) amendment
application to expand the restaurant into two adjacent retail spaces within the Doud
Aracde.
5. The Planning Commission approved the Use Permit, subject to certain conditions of
approval, on September 11, 2013, at a duly-noticed public hearing. Use Permit (UP 13-
13) supersedes all previous use permit applications at this location.
6. The Use Permit (UP 13-13) approval was appealed by the project applicant, Ms. Chloe
Dolata, on September 17, 2013, with the grounds of the appeal being the applicant's
objection to Special Condition #3 that requires that except for takeout service, all
customers shall pay for their meals after eating.
150
UP 13-13 (Carmel Belle)
November 5, 2013
Findings for Decision
Page 2
7. A public hearing was held by the City Council on November 5, 2013, for consideration of
the appeal and the Use Permit, with notice of said hearing published in the Carmel Pine
Cone, and owners of property within 300 feet of the project site were notified at least
10 days prior to the public hearing.
8. The project qualifies for a Class 3 Categorical Exemption from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15303 ofthe State
CEQA Guidelines.
9. The City Council, at a duly-noticed hearing on November 5, 2013, considered the appeal
and the project, its findings including the CEQA findings and conditions of approval, as
well as the testimony presented at the hearing and makes the following findings for
decision.
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
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 publ ic 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. The City Council determines that the above findings reflect the independent judgment
of the Council and finds that the appeal is denied and that Use Permit UP 13-13 is
categorically exempt from the California Environmental Quality Act (CEQA) under CEQA
Guidelines Section 15303.
151
Attachment B - Conditions of Approval
CITY OF CARMEL-BY-THE-SEA
CONDITIONS OF APPROVAL
UP 13-13
Chloe Dolata (Carmel Belle)
W/s San Carlos between Ocean & ih in the Doud building
Block 76, Lots 9-11
APN: 010-146-002
CONSIDERATION:
Conditions for the approval of Use Permit (UP 13-13) to expand an existing restaurant at a site
located in the Central Commercial (CC) Zoning District
SPECIAL CONDITIONS:
1. This Use Permit (UP 13-13) permits the expansion of the restaurant from approximately
1,500 square feet to 2,900 square feet and also allows the expansion of the kitchen prep
area by approximately 120 square feet. The total restaurant capacity shall be
maintained at 75 seats. This Use Permit authorizes the retail sale of specialty food items
not to exceed 5-10% of the business.
2. Customers shall have the option of being provided menus while seated at a table or
counter.
3. Except for takeout service, all customers shall pay for their meals after eating.
4. Restaurant hours shall be limited to 8:00a.m. to 9:00p.m. seven days per week.
STANDARD CONDITIONS:
5. The applicant shall obtain all necessary permits from the Monterey County Health
Department prior to building permit issuance.
6. The restaurant shall not operate as a "Drive-in, Formula Food or Fast Food"
establishment as defined in CMC Section 17.70.
7. 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
152
UP 13-13 (Carmel Belle)
November 5, 2013
Conditions of Approval
Page 2
polystyrene foam food packaging. The restaurant shall comply with all other
requirements in CMC Section 8.68.
8. 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.
9. Food sold for consumption off the premises shall be incidental to the primary use. Such
food shall be placed in covered containers or wrapping.
10. 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.
11. 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 ofthe 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.
12. 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.
13. 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.
14. This Use Permit shall become void and in 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 that exceeds six months.
15. 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.
153
UP 13-13 (Carmel Belle)
November 5, 2013
Conditions of Approval
Page 3
16. Approval of this application does not permit an increase in water use on the project site.
Should the Monterey Peninsula Water Management District determine that the use
would result in an increase in water use as compared to the previous use, this Use
Permit will be scheduled for reconsideration.
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 a.nd have jurisdiction for the resolution of all
such actions by the parties hereto.
*Acknowledgement and acceptance of conditions of approval.
Property Owner Signature Printed Name Date
154
Attachment c - Appeal Application CITY OF CAR1v1EL-BY-THE-SEA
RECEIVED
1 7 2013
APPEAL OF PLANNING COMMISSION DECISION CITY OF
CARMEL BY-11:ffi,.SEA
(FILING FEE: $295.00*)
/
Appellant: c..t\LoE. :po 0TA
Property Owner: To \tN ?L-A STI N \
Mailing Address: t'c J3DX 4:9 ArC:>
( CAJ2-ME.L 13E.LLE)
( TSD CA[2MEL Pf2-C:f'E(2TI
CA
Phones:   2.3 g- OC>GD Evening: ( ) _. -
Fax: ( ) Email: lo 5"""-; l • (.OM
Date Board heard the matter: S Ef>T · I\ / 20 l 3
Appeals to the City Council must be made in writing in the office of the City Clerk within
10 working days following the date of action by the Planning Commission and paying
the required filing fee as established by City Council resolution.
Physical location of property that is the subject of appeal:
Lot(s): ___ \_\ __ _ Block: 7 b
APN: ________________ _
COMMISSION ACTION BEING APPEALED: I A tv\ A P P cAL. # 3 oF Jt-\(2;
SPt::.C\AL ''EXCEPT IAt:::E-cuT SEJ2-VICE.)
ALL- c u ST 6 ME..P-.S. SHALL PAY foP- THE.. V\ E:.A L-S AFrE.f2-.
r;;;A-,- j 1'-JG- . I/
If you were NOT the original applicant or the applicant's representative, please state the
evidence that you are an aggrieved party: - -------------
(CONTINUED ON REVERSE SIDE)
155
GROUNDS FOR APPEAL: (State the specific basis for your appeal, such as errors or
omissions you believe were committed by the Commission in reaching its decision, etc.)
ofZ-DEtz.. &. PA.Y AT CPVI'JTE12- fc::oD IS
WE 1-tAv'E A NON-C9NFoJ2.Ml"-J& U'SE. &. we:.'P  
To C..ON\!NUS 'fb USE N0"-1-LONFo(L.MIN G- US£
I t---1 THE. E)<.PAN DED i\-\E PLA"-/N lNG PeP"! Dr PN'I
rtA\/E THE PowE\2-. \D T\-\ lS,
I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE
AND CORRECT:
DATED AT: __ 1 _: _1 °____,_f>_M _ _, THIS 17 DAY OF S EpTE.M B E.J2. , 2QB.
$295.00 fee* received: (Staff Initial) Receipt#:
ATTEST:
*Article 9, Section 7, of the Constitution of the State of California authorizes a city to
impose fees. Also see California government Code, Section 54344.
IMPORTANT: If the appellant wishes to submit materials for duplication and
inclusion in the City of Cannel-by-the-Sea's Council agenda packet, the materials must
be submitted to the City Clerk by working days after the decision of the
Commission. This matter is tentatively scheduled to be heard on
d4to!Cittt!O>uMiVAPPEAL PLANNING FORM. doc
156
Attachment D - Applicant Letter submitted to PC on 9/11/13
CARMEL BELLE
A note to the Members of the Planning Commission:
SW Cnr Son Carlos & Ocean
Cotmel, California 9.3921
T 831-6'24-1600
iay@cormelbelle.com
www,.CarmelBelle.com
We have enjoyed over four wonderful years of owning anlli operating Carmel Belle in:_side the r>oud
Craft Studios. We've also enjoyed our success-- with our sales increasing each )lear. We are a busy
little place, and we love what we do. At times it can feel that we are busting at the seams! Often
on summer days we dorit have .enough tables free for owr customers. Additionally, our local cus·
tamers frequently tell us that they would love to come get our food andfor our coffee but just
can' t wait in line or feel that it is just too crowded.
While we love the visitors to Carmel, we really are here for our locals - no one etse offers them
what we do- fresh, organic, simJ!>le meals prepared quickly in a casual ambiance. They love us, and
we love them - everyone tells us we have the nicest staff and the best food. It is important to tss to
keep them happy. They tell us they wish we could get a lfttle bit bigger. They tetl us we should of-
fer freshly squeezed juices and a few smoothies. They beg us to start doing dinner. l(nd this is why
we're here, to ask if we can do all these things.
We currently use onty 6,3 of the 75 seats available because of the existing layout. The expanded
floor plan and additional seating will provide greater fle'Xii3Hity in accomm0dating large families
and groups 0f local friends in a more relaxed and <tomfortable envirmnment. We will also be able to
better serve small to medium gro_ups, such as: bus--iness lunches, birthday celebrations, local high
school reunions, local urganizational events, and after-school activity gatherings. At present we
provide some of these accemmodations but under the current fleor plan it makes for a very
crowded and closed-in environment.
A new beverage counter will allow locals, and Doud Arcade/Craft Studios tenants, and their em-
ployees the ability to buy a beverage without waiting in the long fo0d-service line. We realize our
locals, tenants, and their employees have limited time to take a break, to get a cup of coffee, tea,
or a fresh cold drink or jliice during the business day. This new beverage counter will eliminate
wasted tfme for everyone that just wants to purchase a beverage and ta1<.e a break.
We also plan to offer a• limited dinner meou nightly.
Additionally, we would like to sell some retail products. Time and time again customers ask that we
sell our salad .<!lressiog, ketchup and other items. We'd l;ke to sell these items, as well as other local
culinary prodwcts that we love from the Monterey Peninstda, on a small display table toward the
back of the restaurant. We foresee this being a small part of our overall income-- 5%- 10% of sales
at most. ·
Thank you for seeing us today and hearing our ideas. Really, our goat'is to provide the best food to
everyone, in a more open & comfortable floor plan.
Sincerely,
Jay & Chloe Dolata
Carmel-by-the-Sea residents & business owners
157
Attachment E- PC StaffReport, Findings, Conditions and Minutes dated 9111/ 13
CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
AGENDA CHECKLIST
MEETING DATE: 11 September 2013 BLOCK: 76 LOTS: 9-11
FIRST HEARING: X
ITEM NO: UP 13-13
SUBJECT:
CONTINUED FROM: N/ A
OWNER: TSD Carmel Properties
APLICANT: Chloe Dolata (Carmel Belle)
STREAMLINING DEADLINE: 10/26/ 13
Consideration of a Use Permit amendment request (UP 13-13) to expand an existing
restaurant at a site located in the Central Commercial Zoning (CC) District
ENVIRONMENTAL REVIEW:
Exempt (Class 3- New Construction or Conversion of Small Structures)
LOCATION: ZONING:
W/s San Carlos between Ocean & ih in the Doud Arcade CC
APN: 01 0-146-002
ISSUES:
1. Does the application comply with Municipal Code and General Plan?
OPTIONS:
1. Approve the application as submitted.
2. Approve the application with special conditions.
3. Continue the application with a request for additional information.
4. Deny the application.
RECOMMENDATION:
Option #2 (Approve the application with special conditions.)
ATTACHMENTS:
1. Staff Report dated 11 September 2013
2. Findings for Approval
3. Conditions of Approval
4. Application Materials
STAFF CONTACT: Marc Wiener, Senior Planner
158
CITY OF CARMEL-BY-THE-SEA
COMMUNITY PLANNING AND BUILDING
STAFF REPORT Amended & Approved 9/11113
APPLICATION: UP 13-13 APPLICANT: Chloe Dolata (Carmel Belle)
BLOCK: 76 LOTS: 9-11
LOCATION: W/s San Carlos between Ocean & t
11
in the Doud Arcade
REQUEST:
Consideration of a Use Permit amendment request (UP 13-13) to expand an existing
restaurant at a site located in the Central Commercial Zoning (CC) District
BACKGROUND/PROJECT DESCRIPTION:
The site is located on the west side of San Carlos Street between Ocean and Seventh A venues
in the Doud building. There is a restaurant within the building named Carmel Belle. Carmel
Belle was issued a business license in 2009 and operates under an existing Use Pennit (UP
01-18), previously assigned to a restaurant named Paulina' s. The restaurant is permitted 75
interior seats but currently operates with 63 seats. The approved hours of operation are from
8:00a.m. to 9:00p.m. daily, but is currently is open only for breakfast and lunch, from 8:00
a.m. to 5:00p.m.
The applicant is proposing to expand the restaurant into two adjacent retail spaces on the
south end of the arcade. The restaurant would be expanded from I ,500 square feet to 2,900
square feet. The seating count would be maintained at the originally-approved limit of 75
seats. The expansion would allow for more space and better circulation between the tables.
As part of the alterations, the applicant is also proposing to expand the kitchen prep area by
approximately 120 square feet, and a new glass partition/display case is proposed near the
San Carlos Street entrance.
EVALUATION:
Restaurant Expansion: Full-line restaurants are allowed as a conditional use in the Central
Commercial District. According to CMC Section 17.68, full line restaurants provide "afull
line of prepared food and drinks using non-disposable plates, glasses and utensils for
immediate consumption on the site. These restaurants provide table service to patrons of all
ages who pay after eating. Takeout service may be provided."
Carmel Belle offers a full range of food items and provides table service by serving meals to
customers while seated. One aspect of the restaurant that is inconsistent with the definition
of a full line restaurant is that customers pay for their food at a counter prior to eating as
opposed to after the meal. When the business license was approved in 2009, this service
arrangement was allowed as a continuation of an existing use.
159
UP 13-13 (Cannel Belle)
11 September 2013
Staff Report
Page 2
Additionally, in 2011, the Planning Commission reviewed a proposal for a new restaurant
named 400°, which was at a different location. The Commission determined that having
customers pay before they eat rather than after would not disqualify a restaurant from being
defmed as a conforming full-line restaurant.
However, the approval for 400° was appealed to the City Council, and a condition was
applied that the restaurant had to give customers the option of ordering from a menu while
seated or from the counter. The Council also required that customers pay after eating with
the exception of take-out orders.
Based on the code definition of a full-line restaurant and the 201 1 City Council decision for
400°, Carmel Belle restaurant should be considered a non-conforming use. CMC 17.36.050
states that: ''no nonconforming use may be expanded or extended into an existing portion of
a building that was not previously occupied by the same nonconforming use. " As such, the
applicant should not be allowed to expand the restaurant seating and floor area unless the
operation is brought into compliance.
To address this issue, a condition has been added that customers be allowed to order from a
menu while seated or from the counter, and that customers pay for their meals after eating.
This would allow the applicant to still provide a counter ordering option while making the
operation of the restaurant consistent with the zoning regulations.
RECOMMENDATION:
Approve the application with the attached Findings for Decision and Special Conditions.
160
CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
FINDINGS FOR APPROVAL
UP 13-13
TSD Properties (Carmel Belle)
W/s San Carlos between Ocean & i
11
in the Doud Arcade
Block 76, Lots 9-11
APN: 01 0-146-002
CONSIDERATION:
Consideration of a Use Permit amendment request (UP 13-13) to expand an existing
restaurant at a site located in the Central Commercial (CC) District
FINDINGS OF FACT:
1. The project site is located on the west side of San Carlos Street between Ocean and
Seventh A venues in the Doud Arcade. The site contains a restaurant named
Carmel Belle.
2. A business license was approved for Carmel Belle on 8 June 2009. Carmel Belle
currently operates under use permit UP 01-18, previously assigned to a restaurant
named Paulina's.
3. On 16 July 2013, the applicant submitted a Use Permit amendment application to
expand the restaurant into two adjacent retail spaces within the Doud Aracde.
4. Carmel Municipal Code Section 17.14 Schedule li-B establishes that full line
restaurants are a conditionally permitted use and are subject to Planning
Commission approval. This Use Permit (UP 13-13) 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.
161
UP 13-13 (Cannel Belle)
11 September 2013
Findings
Page 2
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 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.
162
Amended 9/11/13
CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
CONDITIONS OF APPROVAL
UP 13-13
TSD Properties (Carmel Belle)
W/s San Carlos between Ocean & i
11
in the Doud Arcade
Block 76, Lots 9-11
APN: 0 1 0-146-002
SPECIAL CONDITIONS:
1. This Use Permit (UP 13-13) pennits the expansion of the restaurant from
approximately 1 ,500 square feet to 2,900 square feet and also allows the expansion of
the kitchen prep area by approximately 120 square feet. The total restaurant capacity
shall be maintained at 75 seats. This Use Permit authorizes the retail sale of specialty
food items not to exceed 5-1 0% of the business.
2. Customers shall have the option of being provided menus while seated at a table or
counter.
3. Except for takeout service, all customers shall pay for their meals after eating.
4. Restaurant hours shall be limited to 8:00a.m. to 9:00p.m. seven days per week.
STANDARD CONDITIONS:
5. The applicant shall obtain all necessary permits from the Monterey County Health
Department prior to building pennit issuance.
6. The restaurant shall not operate as a "Drive-in, Formula Food or Fast Food"
establishment as defined in CMC Section 17.70.
7. 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.
163
UP 13-13 (Cannel Belle)
11 September 2013
Conditions of Approval
Page 2
8. 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.
9. Food sold for consumption off the premises shall be incidental to the primary use.
Such food shall be placed in covered containers or wrapping.
10. 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.
1 1. 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 Unifonn
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.
12. 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.
13. 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 fmdings or conditions adopted as part of this pennit
shall require approval of a new Use Permit by the City.
14. This Use Permit shall become void and in no further force or effect if the use is not
initiated within six months and/or upon tennination or discontinuance of the use for
any period of time that exceeds six months.
15. Violations of the terms of this Use Permit or other ordinances of the City may
constitute grounds for revocation of this Use Pennit and the associated business
license by the Planning Commission.
16. Approval of this application does not permit an increase in water use on the project
site. Should the Monterey Peninsula Water Management District detennine that the
use would result in an increase in water use as compared to the previous use, this Use
Pennit will be scheduled for reconsideration.
164
Attachment E- PC Staff Report, Findings, Conditions and Minutes dated 9111/ 13
UP 13-13 (Carmel Belle)
I I September 20 13
Conditions of Approval
Page 3
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.
*Acknowledgement and acceptance of conditions of approval.
Applicant Signature Printed N arne Date
Property Owner Signature Printed Name Date
CITY OF CARMEL-BY-THE-SEA
165
PLANNING COMMISSION- MINUTES
SEPTEMBER 11, 2013
I. CALL TO ORDER AND ROLL CALL FOR TOUR OF INSPECTION
PRESENT: Commission Members: Dallas, Goodhue, LePage, and Reimers
STAFF PRESENT: Rob Mullane, Community Planning & Building Director
Marc Wiener, Senior Planner
Leslie Fenton, Secretary to the Commission
II. TOUR OF INSPECTION
The Commission toured the following sites: Scherbarth, Smith, Overett, Hardy,
Pasqua/Kenney, TSD Carmel Properties (Carmel Belle), Pace Properties (Tamara G) and
Gunner (Il Fomaio).
III. ROLL CALL
PRESENT: Commission Members: Dallas, Goodhue, LePage, Reimers, and Paterson
IV. PLEDGE OF ALLEGIANCE
Members of the audience joined Commission Members in the pledge of allegiance.
V. ANNOUNCEMENTS/EXTRAORDINARY BUSINESS
Chair Paterson welcomed new Community Planning & Building Director Rob Mullane.
Commissioner Reimers has some questions that she would like forwarded to the Awning
Sub-Committee regarding awnings and roofs.
Mr. Mullane announced the following items from the September 10, 2013 City Council
meeting:
1. Forwarded two Public Works projects, 2013/14 Streets Overlay and Santa Fe & 4th Storm
Drain Replacement, to City Staff for review.
2. Commission should re-visit the City' s design standards for possible amendments.
3. Reviewed the trash-can issue and the need for larger capacity cans and more locations.
The Council preferred the side-by-side trash/recycle cans with the muted blue tops to
designate the recycle side.
4. The Pepe appeal has been continued.
5. The Hayward roofing material appeal was approved, the wrought-iron railing element was
denied. The applicant was asked to track the rate of water capture from the roof.
166
IX. PUBLIC HEARINGS
The Commission unanimously agreed to hear Item #3, UP 13-13, first.
3. UP 13-13
Chloe Dolata
(Carmel Belle)
W Is San Carlos bt. Ocean & 7th
Block 76, Lot(s) 9-11
Consideration of a Use Permit amendment
request (UP 13-13) to expand an existing
restaurant at a site located in the Central
Commercial Zoning (CC) District
Commissioner Reimers recused herself from the discussion.
Mr. Wiener presented the staff report. Chair Paterson opened the public hearing at5:03 p.m.
Chloe Dolata, John Plastini, Jim Griffith and Michael Alba appeared before the Commission.
There being no other appearances, the public hearing was closed at 5:20p.m.
Commissioner LEPAGE moved to approve the application with staff's Special
Conditions #2-4; and change to Special Condition #1 - This Use Permit (UP 13-13)
permits the expansion of the restaurant from approximately 1,500 square feet to 2,900
square feet and also allows the expansion of the kitchen prep area by approximately
120 square feet. The total restaurant capacity shall be maintained at 75 seats. This Use
Permit authorizes the retail sale of specialty food items not to exceed 5-10% of the
business, seconded by DALLAS and carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Dallas, Goodhue, LePage, Paterson
None
Reimers
None
At 5:29p.m., Chair Paterson needed to leave the meeting, and left the dais. Vice Chair
Dallas chaired the remainder of the meeting.
1
6
7
ATTACHMENT F- PLANS
Carmel Belle Rest.aJrant
fKI%irq footprint and Pr17p05ed Addttlals
bt?tir.:j Fl= /'rea - Apprcnirnatei4I?OO S::!. Ft.
.Add!tioocJ !Yea - Approxlmatel4 1400 S::!. Ft.
he\Gf.t wall5
5eati"'l
0
h l:.tlnq flax Pla1
Seat:.l"'l
KIU:hen & Prep
1/isl?.vas!li"'l
 
Office
Ocea1Aw:.
5anCm5t..
kq Plan - l?oud Cialel'\l
Carmel Belle b.panslon
tlrud cAallert.j - Ocean Ave. & 5a1 Ccrlos 51:,,
Jim IArtffith Retail Sta-e t/e:;ICfl
P.O. B« Carmd, CA
8:?1.241.&?89   CBt.. -
123
1
6
8
Carmel Belle Restaurant
P ropo5ed 5eatii1Cl L.al{OJt a1d
f:Ktended Kitchen & Prep Area
Allowed 5eatlrq f otal - 6'!?
Prop05ed 5eatlrq fol:.a/ -1'3
Addttronal Water Credits prc:Nided btj
5oft 1s not txluded per Nf'WMD
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AJIOHed 5eatAnl1fo!J- 6'?
Actual 5eatlnq f otal - ?8
Carmel Belle bpansion
1/rud C.aller4 - Ocean Ave. & 5an Carl05 St.
Jim Urlfftth Retail Store l/e51Cfl
P.O. .9!> C;;nrei, CA
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Ca-rnel!?elle Re5"1:a.JrGllt.
Cu5l:oner Order P a,ment Proce5s
fhe c!ITC!t ha5 the crderirq ever\ll.hin<1 a'd pajlrt:l
fa- It attM flr,t crder locatlrl'l
  ca.Jsed the liM to eKtend a,t, lnW the WakWaj aJd
to th!: c:u\.5lde Gl1 bti54 d.:.45.
New
Cumr.er place5 fm crder. I!IINes en to place c.rder
rio}ttoth!: fher crder fdlo..ostnem
tlra41 th!: P05 545!.c:tn m::l ere a mcrker
vir11ch tl1e4 take to their td>le.
fhelr crder Is then delivered to their table CIJr wa1tBtaff.
A ccffee cr other beveraqe will c:p d1redl4 to the ccffee
awter. place and fer their crcler and walt fc.r It to b.!: made.
Otr Intent, with -this eKpa'ISIOn 15 to ehtnlnaZ the lorq lines as wen as
to a better. fa5tc:r fa- Ql' aso to
cffer a few mc.re sealh ad Ul15iderabl4 mc.re elbo.v rD171!1.
1'111> crea will al50 help us to better acc:omoda"..e f amllies with
wollers as well as rur In wheelchairs.
fl.j"'15afflt. fc&o.. rt:<1 rllJIUr bel""
....
Plan Vtew with and New 5offlt-s

I ,,,,'(,  

Neo ""·""
Elevatla'l at 5an Caios entrance
Carmel Belle bpan5lon
1/rud Uallertj -Ocean Ave. & Sa1 Ca-105 St..
Jim Cir1fT!th Retail 5tore l?e5ic.fl
PD. l}m. C<nrel. CA
  CB\.. -

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