CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

September 14, 2016
To:

Chair Goodhue and Planning Commissioners

From:

Marc Wiener, AICP, Interim Community Planning and Building Director

Submitted by:

Ashley Hobson, Contract Planner

Subject:

Consideration of Use Permit (UP 16-353) and Design Review (DR 16-354)
applications for the establishment of a full-line restaurant and exterior
storefront alterations to a commercial space located in the Carmel Plaza

Recommendation:
Approve Use Permit (UP 16-353) and Design Review (DR 16-354) subject to the attached findings
and conditions
Application: UP 16-353 and DR 16-354
APN: 010-086-006
Location:
Carmel Plaza, entire block between Ocean Avenue, Junipero Street, Mission Street,
and 7th Avenue
Block:
78
Lot: 1-27
Applicant:
The Patio Group (American Natl Invest)
Property Owner: OWRF Carmel
Background and Project Description:
The subject property is the Carmel Plaza, which is an outdoor mall that occupies all of block 78
within the City of Carmel. The Carmel Plaza is comprised of five separate buildings with a
communal interior courtyard and various 2nd and 3rd story walkways. Currently, the Carmel Plaza
has an 11,750 square foot vacant space located on the ground level at the south side of the plaza.
The applicant has submitted a Use Permit application to open a new restaurant within the vacant
space and a Design Review application for proposed exterior changes associated with the new
restaurant.
The applicant is proposing to open a local, seasonal, and sustainably sourced New American and
European style restaurant with offerings such as steak, seafood, oysters, charcuteries, coffee,

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UP 16-353/DR 16-353 (The Patio Carmel)

September 14, 2016
Staff Report
Page 2

dessert, baked foods, pizzas, wine, craft beer, and specialty cocktails. The applicant is proposing
various service areas including an oyster bar, a tapas bar, a pizza oven, and a charcuterie bar, and
patrons will have the opportunity to order food prepared at any of the preparation areas,
regardless of their location within the restaurant. The project will operate as a single restaurant
with common staff, storage, food, preparation and restrooms. The proposed name of the
restaurant is The Patio Carmel.
In addition, to the use permit, the applicant is also requesting various exterior changes for the new
restaurant. Specifically, the applicant is requesting to make the following changes:

Outdoor dining in the courtyard including site furnishings, umbrellas and an ABC compliant
decorative barrier
Landscape planters
Faade improvements along the south exterior elevation (7th Avenue) of the Carmel Plaza
and the adjacent Right of Way (ROW)
Faade improvements on the north elevation of the space within the interior courtyard

A detailed description of the proposed changes is discussed later in this report. In 2001 the City
adopted the Carmel Plaza Design Guidelines, which is defined by the City as a specific plan for the
entire block.
Staff Analysis:
Restaurant Use Permit (UP 16-354):
Full-line restaurants require a Conditional Use Permit to be issued by the Planning Commission.
According to CMC Section 17.68.030, 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.
Restaurant Criteria: CMC Section 17.14.040.I (3) establishes the criteria for a full-line restaurant.
Various criteria for a full-line restaurant are listed below with a staff analysis on how the project
complies with the requirements.
1. Drive-in, formula, and fast food establishments are prohibited.

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September 14, 2016
Staff Report
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Analysis: The proposed restaurant, as represented by the applicant, would not exhibit
characteristics of a drive-in, formula food, or fast food establishment as defined by CMC 17.70.020.
A formula food restaurant is defined as A business that (1) is required by contractual or other
arrangements to offer standardized menus, ingredients, food preparation, employee uniforms,
interior decor, signage or exterior design; or (2) adopts a name, appearance or food presentation
format that causes it to be substantially identical to another restaurant regardless of ownership or
location.
Although the particular development company owns multiple high quality restaurants throughout
California, this restaurant will have a unique menu and design to differentiate it from any other
restaurant. As noted in the applicants submittal package, the restaurant will not be required by
contractual or other arrangement to offer standardized features such as menus, food, uniforms, or
interior or exterior design. Additionally, the menu and culinary experience will be specific and
unique to this store, because the applicant sources all ingredients locally. Also, the applicant also
does not have a standardized uniform for the employees of its restaurants (i.e. aprons, pants,
shirts, smocks, dresses, hats, or pins, including the colors of clothing).
2. The applications, menus and plans indicate that the business will primarily be a restaurant full
line, and that no more than 20 percent of the total number of seats are at a bar or in a separate
bar room.
Analysis: The applicant has submitted a menu indicating that the business would operate as a fullline restaurant. The applicant is proposing a total of 300 seats, with 200 interior and 100 exterior
seats. Of the interior seats, 16 seats are proposed to be at a bar, which is 5.3% of the total seats.
The project proposal meets the above requirement.
3. Customers shall be provided with individual menus while seated at a table or counter.
Analysis: Standard Condition #10 requires that the above standard is met. The applicant has also
included in their project description that all patrons will be seated by host staff and presented with
individual menus that include food from all areas of the restaurant.
4. Any sale of alcoholic beverages shall be subordinate to this primary use.
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.

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Staff Report
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Analysis: The applicant has expressed their intent to serve wine and beer for on-site consumption
during meals and is proposing a bar area with 16 seats, which totals 5.3% of the total seats. The
applicant has proposed separate private dining rooms as part of the proposal, but has indicated
that these rooms will not operate as separate bar rooms. The City currently has the maximum
allowed Drinking Places and therefore this application is required to operate as a full service
restaurant. The sale of alcoholic beverages would be subordinate to the full-service restaurant.
Standard Condition #2 addresses this requirement. The applicant is requesting hours of operation
from 7:00 a.m. to 12:00 a.m. (midnight), with a full menu available at all times that alcoholic
beverages are being served. Standard Condition #5 addresses this criterion. Staff could potentially
support the restaurant staying open until 12:00 a.m. given that the activity will primarily occur
within the interior of the Plaza and will be buffered from residential uses in the surrounding area.
However, the Commission could restrict the hours if it has concerns with the proposal to stay open
until 12:00 a.m.
6. 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 floor/seating plan proposes a total of 300 seats including 200 interior and 100
exterior seats. The total floor area of for the tenant space exceeds 10,000 square feet and the
floor/seating plan will be reviewed as part of the Building Permit Plan Check process. The seating
floor plan is subject to change, and depends on a full analysis of the kitchen, restroom, seating,
access paths, etc. Staff recommends that the Planning Commission approve the maximum of 300
seats as proposed by the applicant. However, it should be noted that Special Condition #13 states
that this limit is a maximum, and may be reduced by the Building Official to meet the State
Uniform Building and Fire Codes.
7. 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: The applicant is proposing to incorporate accessible restrooms on the south side of the
space. The restrooms will be accessible only from within the restaurant (no access from the
courtyard). The restrooms will be reviewed for compliance with the Building Code and the ADA as

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September 14, 2016
Staff Report
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part of the Building Permit Plan Check process.

8. 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.
Analysis: The applicant has provided a floor plan illustrating that the restroom will have interior
access to the existing loading dock and landing platform for trash removal from within the
restaurant. With regard to trash storage, the restaurant will have access to the existing Carmel
Plaza trash storage areas.
Ancillary Uses: The applicant is requesting three ancillary uses to total 717 square feet of floor
area (6.7% of the restaurant floor area):
1. Chefs Pantry (115 square feet, 1%): Partially prepared or fully-furnished meals made inhouse and served as a grab and go item.
2. Food and Kitchen Retail (440 square feet, 4.1%): retail sales limited to items directly
related to the restaurant use, including local wines, oils, vinegars, dressings, spices, juice,
flowers, chocolate, kitchen accessories, raw food, and packaged food items.
3. Coffee/Bakery bar (162 square feet, 1.5%): providing items to go including coffee, teas,
and bakery items specifically for breakfast services.
With regard to this proposal, Carmel Municipal Code Section 17.14.040(I) states that the sale of
nonfood merchandise that is directly related to the use may be allowed when determined to be
incidental to the primary use and food sold for consumption off the premises shall be incidental to
the primary use. Such food shall be placed in covered containers or wrappings, and all house-brand
labeled food store goods such as vinegars, oils and salad dressings shall be prepackaged and
sealed. Furthermore, Carmel Municipal Code Section 17.14.040(B) lists the limitations for
ancillary uses within a business space. Specifically, the ancillary use shall be limited to no more
than 10 percent of the floor area and 10 percent of the window display area. T
The applicant is proposing three ancillary uses totaling 717 square feet or 6.7% of the total floor
area. The applicant has also noted that windows are not proposed for display. Additionally, the
Municipal Codes states that requests for more than one ancillary use shall be approved upon the
granting of a use permit by the Planning Commission through the adoption of the following

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September 14, 2016
Staff Report
Page 6

findings (CMC 17.64.060):

A. That all proposed ancillary uses are compatible with the primary use;
B. That the proposed land use, considered as a whole, appears to have the primary and ancillary
uses united by a consistent theme and that the use will not exhibit a character of multiple,
unrelated activities combined into one business; and
C. That the use will contribute to the character of the commercial district as a residential village
with a mix of unique retail and service shops.
In staffs opinion, the three proposed ancillary uses conform to the Municipal Code allowance and
to findings listed above and therefore staff is recommending approval of all three uses.
Restaurant Design Review (DR 16-353):
The applicant is proposing to create a new entry and storefront on the south (7th Avenue)
elevation of the Carmel Plaza and the north interior-facing elevation. The north interior elevation
includes black metal doors and windows, horizontal wood siding, and multiple bay windows (7-feet
by 9-feet) with attached planter boxes. The modifications to the south elevation include less two
black metal glass doors, horizontal wood siding, and a green wall. The garden-wall will be
approximately 9-feet tall by 9-feet wide and be used to grow herbs and spices for use within the
restaurant kitchen. The proposed design is a modern/contemporary architectural style and will
complement the recently approved Carmel Plaza renovation project.
The City adopted design guidelines for the Carmel Plaza in 2001. In the Introduction section of the
Guidelines it is stated that the guidelines are intended to encourage imaginative design and
individuality of a tenants storefront provided that a harmonious feeling is maintained within
Carmel Plaza, and the larger context of Carmel. The general storefront criteria of the Plaza
Guidelines also notes that aluminum and glass doors and windows are acceptable provided that
they have relief and articulation in the frame section, and that large expanses of glass are not
allowed. The Interior Courtyard section encourages materials that have a natural appearance and
that blend with the surrounding environment. In staffs opinion, the proposal meets the
recommendations of the Carmel Plaza Design Guidelines and is an improvement over the existing
conditions, in particular on the 7th Avenue elevation.
Staff notes that the applicant is also proposing some minor modifications to the sidewalk in front
7th Avenue entrance, which includes the removal a non-significant tree (and patching of tree well)
and slight expansion of the bulb-out area for accessibility purposes. An encroachment permit is
required for the work to the sidewalk and a tree removal permit is also required. The modification
will not impact the adjacent parking spaces.

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September 14, 2016
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Environmental Review:
The proposed project is categorically exempt from CEQA requirements, pursuant to Section 15332
(Class 32) In-Fill Developments. The project proposes a new full-line restaurant within an existing
4,671-square foot building. The proposed changes do not present any unusual circumstances that
would result in a potentially significant environmental impact. Furthermore, the project meets the
following criteria for exemption pursuant to Section 15332 of the CEQA Guidelines.
(a) The project is consistent with the applicable general plan designation and all applicable general
plan policies as well as with applicable zoning designation and regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
ATTACHMENTS:

Attachment A Findings for Approval

Attachment B Conditions of Approval
Attachment C Code Section CMC 17.70.020
Attachment D Restaurant Proposal
Attachment E Project Plans

257

Attachment A Findings for Approval

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
FINDINGS FOR APPROVAL
UP 16-353 / DR 16-354 (The Patio Carmel)
The Patio Group (American Natl Invest)
Location: Carmel Plaza
Block: 78, Lots: 1-27
APN: 010-086-006
CONSIDERATION:
Consideration of Use Permit (UP 16-353) and Design Review (DR 16-354) applications for the
establishment of a full-line restaurant and exterior storefront alterations to a commercial space
located in the Carmel Plaza
FINDINGS OF FACT:
1.

The project site is located in the Central Commercial (CC) Zoning District. The lot is
currently developed with a shopping center comprised of five separate buildings with a
communal interior courtyard and various 2nd and 3rd story walkways. The existing
tenant space is 11,750 square feet and is currently vacant.

2.

On August 24, 2016 Use Permit and Design Review applications were submitted
proposing to open a new restaurant called The Patio Carmel. The project includes a use
permit to open the new restaurant and Design Review for associated exterior changes
to the tenant space.

3.

The proposed project is categorically exempt from CEQA requirements, pursuant to

Section 15332 (Class 32) In-Fill Developments. The project proposes a new full-line
restaurant within an existing 4,671-square foot building. The proposed changes do not
present any unusual circumstances that would result in a potentially significant
environmental impact. Furthermore, the project meets the following criteria for
exemption pursuant to Section 15332 of the CEQA Guidelines.

FINDINGS FOR DECISION:

1.
The project constitutes an improvement over existing site conditions pursuant to CMC
17.14.010
2.

The project conforms to all zoning standards applicable to the site; including floor area,
height, setbacks and parking.

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UP 16-353 / DR 16-354
September 14, 2016
Findings for Approval
Page 2

General Use Permit Findings (CMC 17.64.010):

3.

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

4.

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.

5.

The proposed project 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.

6.

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

7.

The proposed project will be compatible with surrounding land uses and will not conflict
with the purpose established for the district within which it will be located.

8.

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

Ancillary Uses (17.64.060)

9.

That all proposed ancillary uses are compatible with the primary use.

10.

That the proposed land use, considered as a whole, appears to have the primary and
ancillary uses united by a consistent theme and that the use will not exhibit a character
of multiple, unrelated activities combined into one business.

11.

That the use will contribute to the character of the commercial district as a residential
village with a mix of unique retail and service shops.

259

Attachment B Conditions of Approval

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
CONDITIONS OF APPROVAL
UP 16-353 / DR 16-354 (The Patio Carmel)
The Patio Group (American Natl Invest)
OWRF Carmel, LLC
Location: Carmel Plaza
Block: 78, Lots: 1-27
APN: 010-086-006
PROJECT DESCRIPTION:
Consideration of a Use Permit (UP 16-181) to establish a restaurant located in the Central
Commercial (CC) District
USE PERMIT STANDARD CONDITIONS (Pursuant to CMC 17.14.040.I):
1.

Use Permit Authorization: This permit authorizes the use of a full-line restaurant as
defined in Section CMC 17.68.030. The restaurant will shall serve seasonal, and sustainably
sourced New American and European style restaurant with offerings such as steak,
seafood, oysters, charcuteries, coffee, dessert, baked foods, pizzas, wine, craft beer, and
specialty cocktails. The restaurant will have various service areas including an oyster bar, a
tapas bar, a pizza oven, and a charcuterie bar, and patrons will have the opportunity to
order food prepared at any of the preparation areas, regardless of their location within the
restaurant. The restaurant is permitted.
Design Review Authorization: This permit authorize storefront alterations to the north
and south elevations of the subject commercial space. The north courtyard-facing
elevation includes black metal doors and windows, horizontal wood siding, and multiple
bay windows (7-feet by 9-feet) with attached planter boxes. The modifications to the
south elevation include black metal glass doors, horizontal wood siding, and a green wall.
The garden-wall will be approximately 9-feet tall by 9-feet wide and be used to grow herbs
and spices for use within the restaurant kitchen. This permit authorizes modifications to
the sidewalk in front 7th Avenue entrance, which includes the removal a non-significant
tree, patching of tree well, and slight expansion of the bulb-out area for accessibility
purposes. The applicant shall obtain an encroachment for the work to the sidewalk and a
tree removal permit. Authorization of the sidewalk modifications and tree removal is
subject to the approval of these permits. The as-built design shall be consistent with the
September 14, 2016 approved plan set.

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UP 16-353 / DR 16-354 (The Patio Carmel)

September 14, 2016
Conditions of Approval
Page 3

2.

Permitted hours of operation are from 7:00 a.m. to 12:00 a.m. daily. No new customers
shall be accepted into the restaurant after 12:00 a.m.

3.

The restaurant is permitted a maximum of 200 interior seats, which includes 16 seats at
the bar, and 100 exterior seats located in the plaza. This limit is a maximum and may be
reduced by the Building Official to meet the

4.

This restaurant is authorized the following 3 ancillary uses totaling 717 square feet of floor
area (6.7% of the restaurant floor area):
a.
b.
c.

Chefs Pantry (115 square feet, 1%): Partially prepared or fully-furnished meals
made in-house and served as a grab and go item.
Food and Kitchen Retail (440 square feet, 4.1%): retail sales limited to items directly
related to the restaurant use, including local wines, oils, vinegars, dressings, spices,
juice, flowers, chocolate, kitchen accessories, raw food, and packaged food items.
Coffee/Bakery bar (162 square feet, 1.5%): providing items to go including coffee,
teas, and bakery items specifically for breakfast services.

5.

Any sale of alcoholic beverages shall be subordinate to this primary use. No more than 20%
of the seating is permitted at a bar or in a separate bar room.

6.

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

7.

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

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.

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

11.

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.

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UP 16-353 / DR 16-354 (The Patio Carmel)

September 14, 2016
Conditions of Approval
Page 4

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.

12.

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.

13.

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.

14.

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.

15.

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.

16.

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.

17.

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.

18.

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.

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UP 16-353 / DR 16-354 (The Patio Carmel)

September 14, 2016
Conditions of Approval
Page 5

19.

The applicant agrees, at its sole expense, to defend, indemnify, and hold harmless the City,
its public officials, officers, employees, and assigns, from any liability; and shall reimburse
the City for any expense incurred, resulting from, or in connection with any project
approvals. This includes any appeal, claim, suit, or other legal proceeding, to attack, set
aside, void, or annul any project approval. The City shall promptly notify the applicant of
any legal proceeding, and shall cooperate fully in the defense. The City may, at its sole
discretion, participate in any such legal action, but participation shall not relieve the
applicant of any obligation under this condition. Should any party bring any legal action in
connection with this project, the Superior Court of the County of Monterey, California,
shall be the situs and have jurisdiction for the resolution of all such actions by the parties
hereto.

*Acknowledgement and acceptance of conditions of approval.

_____________________
Applicant Signature

_________________
Printed Name

___________
Date

______________________
Property Owner Signature

_________________
Printed Name

___________
Date

263

Attachment C Code Section 17.70.20 (Food Use Terms)

17.70.020 Definitions.
Food Use Terms.
Drive-In Establishment. A business that (1) prepares food intended for consumption in vehicles that may or
may not be parked on the site; or (2) provides for the ordering of food while the customers are seated in
vehicles.
Formula Food Establishment. A business that (1) is required by contractual or other arrangements to offer
standardized menus, ingredients, food preparation, employee uniforms, interior decor, signage or exterior
design; or (2) adopts a name, appearance or food presentation format that causes it to be substantially
identical to another restaurant regardless of ownership or location.
Fast Food Establishment. A business where food is consumed on or off the site and food is (1) pre-made and
wrapped before customers place orders, and/or (2) served with disposable tableware for on-site food
consumption. A fast food establishment also exhibits two or more of the following characteristics:
1. Food is ordered from a wall menu at a service counter;
2. Food consumed on the premises is ordered while customers are standing;
3. Payment is made by customers before food is consumed;
4. The service counter is closer to an entry/exit than is the seating/dining area; and/or
5. The business interior is brightly illuminated (greater than eight candlefoot power as measured in a
horizontal plane three feet above the floor).
Take-out Food Establishment. A business that offers ready-to-eat, prepared snack foods and full meals for
immediate consumption off the site while patrons are walking or standing in the public right-of-way or are
seated in vehicles.

264

Attachment D - Proposal Package

CARMEL PLAZA
RESTAURANT

~American
:::::: National
.- Investments
-

E ST. 1997

architectural group

ISHIHARA
WILSON

U SE

PERM I T
AUGUST

PACKAGE
2016

265

August 23, 2016

Operations Narrative

Conditional Use Permit Application for Full-Line Restaurant with Design Review for Associated Fa<;ade Revisions

Cuisine Offered: Local, seasonal and sustainably-sourced New American and European, served with care and

Carmel Plaza
Southeast Corner of Ocean Avenue and Mission Street
Suite 112

Project Overview
Inspiration: In the first years of Carmel, sixty percent of the homes were built by resid ents who
devoted their lives to work connected to the aesthetic arts. The concept is inspired by this heritage,
where intellects and artists retreated from city living to connect with like-minded souls in a more
natural, collective environment. The result was a culture that manifested an eclectic, free spirited,
artistic and poetic quality infused with strong ties to Carmel's natural setting. This culture still
permeates the town's character and is manifested in its built environment.

presented experientially through a connection between culinarian and patron. Such offerings will be prepared on
display, and will include:

Steaks and seafood

Oysters

Tapas/charcuterie

Coffee/desserts/baked goods

Wood-fired artisan pizza

Wine, featuring local winemakers

Craft beer

Specialty cocktails and nonalcoholic fruit infusions

Service

The Experience: We are committed to creating a unique, vibrant and relevant dining experience. The
interactivity and connectivity of the concept provides guests an extraordinary opportunity to interact with our
chefs as they prepare dishes and share their love of food. The focus on the relationship between patron and
culinarian will be celebrated by putting on display the individual culinary elements that come together to make
a complete, diverse dining experience. This breakout will also serve to offer a distinctive expression of both a
welcoming and refined full service dining experience, paired with the excitement and explorative notion of a
foodie focused experience. Our food brings people together. We maintain a devotion to quality ingredients,
sourced responsibly from local farmers, delivered humbly, simply and deliciously. A deep sense of community
connectedness is the thread that really grounds the concept. Relationships with local farmers, vintners, artisans
and fishermen, as well as all our Carmel neighbors, help to create a spirit of relatedness that resonates well

beyond our four walls.

All entrances, including the outdoor dining area, will be under the control of host staff .
All patrons will be seated by host staff, after which they will be presented with individual
menus.
All food, with the exception of the Chef's Pantry and Coffee/Bakery (proposed ancillary
use) will be ordered off the menu and prepared to order.
All sales transactions, with the exception of the Chef's Pantry and Coffee/Bakery
(proposed ancillary use), will be executed at the end of the patron's experience, by their
wait staff.
Regardless of their seating preference in the space, patrons will have the opportunity to
order foods prepared at any other of the on - display preparation areas. For example, if a
patron chooses to sit at the tapas counter, they will be able to order a pizza and a glass
of wine.
The project will operate as a single restaurant with common staff, storage, food
preparation and restrooms.

The Space: This proposal, located in a central suite in Carmel Plaza, which in itself anchors the varied mix of
shops and dining experiences at the head of famed Ocean Avenue, wishes to embody the unique character of
Carmel through the development. The interior space and outdoor dining experience is honest and transparent
in materiality and finish, providing the physical framework for multi-faceted opportunities to gather, dine and
commune. Exterior treatments will include a dedicated dining experience in Carmel Plaza's courtyard and
revisions to the suite's facades on both the courtyard side and the 7th Avenue side. Such improvements will
embrace the Plaza's 2001 Storefront Design Guidelines by developing materiality, fenestration proportions, and
a human scale consistent with Carmel's "elegant natural tradition" for street-facing facades and "traditional
downtown" for courtyard-facing facades. Materials such as natural wood siding, divided-light storefront systems
and incorporation of planted walls will ensure a unique identity for the concept while contributing positively to

Ancillary Uses {Grand Total of Proposed Ancillary Uses= 717 SF, 6.7/o of 10,750 SF Total Floor Area}

Chef's Pantry (115 SF, 1.0% of 10,750 SF Total Floor Area): The Chef's Pantry provides

Carmel's existing urban fabric.

Developer Background: American National Investments, Inc. (ANI) is a diversified real estate investment,
development, hospitality, and lifestyle company based in San Diego, California. ANI, with a successful track
record for establishing dining venues in other parts of California, has successfully negotiated a lease with OWRF
Carmel, LLC to develop a unique food experience specifically tailored to the lifestyles of Carmel's residents and

an opportunity for patrons to pick up either partially prepared or fully-finished meals

made in-house on a grab & go basis. This use is intended to address the need for busy
locals and visitors alike to be able to walk in, pick up a professionally prepared
meal and reheat or finish it at their home. All foods would be packaged in accordance
with the requirements of a full line restaurant.
Retail (440 SF, 4.1% of 10,750 SF Total Floor Area): Retail sales will be limited to items
directly related to the use, including local wines, oils, vinegars, dressings, spices, juice,
flowers, chocolate, kitchen accessories, raw foods and packaged foods, both houseprepared and locally sourced. All patrons will be directed to the retail area by host staff.
Coffee/Bakery (162 SF, 1.5% of 10,750 SF Total Floor Area): Similar to the bar, the
coffee/bakery ancillary use will provide those items to the entire restaurant, but will also
provide the opportunity for a patron to order such items to go, specifically for breakfast
service. All patrons will be directed to the coffee/pastry area by host staff.

visitors.

266

Municipal Code Interpretation

Chapter 17.14.040(1)(3) Restaurant, Full Line
a. Any sale of alcoholic beverages shall be subordinate to this primary use. This restaurant

includes a bar occupying 2 ..4% of the Aoor area of the use. This bar provides alcoholic
beverage service to the entire restaurant while also serving patrons seated at it. Food
from a menu will be served to patrons at the bar.
b. Drive-in, formula and fast food establishments are prohibited. [Chapter 17. 70.020, Food
Use Terms Formula Food Establishment. A business that (1) is required by contractual or
other arrangements to offer standardized menus, ingredients, food preparation, employee
uniforms, interior decor, signage or exterior design; or (2) adopts a name, appearance or food
presentation format that causes it to be substantially identical to another restaurant regardless
of ownership or location.] This use has been designed by the applicant specifically for

the village of Carmel, and will, in all aspects, represent a unique expression in terms
of appearance, cuisine and operation from any other establishment currently operated
or contemplated by the ownership group. None of the criteria in the definition above
apply to this proposal.
c. 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. Will accept this condition and comply.
d. The applications, menus and plans indicate that the business wil l primarily be a restaurant
- full line, and that no more than 20 percent of the total number of seats are at a bar or in
a separate bar room. If the use does not meet this standard, the standards in subsection (I)
(2) of this section, Drinking Places, shall also apply to the use. The total number of seats at

the bar is 16, 5.3o/o of the total number of seats. Separate rooms in this proposal are
private dining rooms, and are not intended as a "bar room."
e. Customers shall be provided with individual menus while seated at a table or counter. All
patrons will be seated at a table or counter before being presented with individual
menus.

Chapter 17.14.040(8) Ancillary Uses.

The following limitations shall apply to ancillary uses:
1 . Ancillary uses shall be limited to no more than 10 percent of the floor area of the established
primary use, and 10 percent of the window display area(s) unless otherwise specified in the notes
to the use charts. Proposed ancillary uses consist of 717 SF, 6.7o/o of 10,750 SF Total Floor

Area. Windows are not proposed to be used for display.

2. One ancillary use may be established in conjunction with a primary use when the ancillary
use is identified as an allowed ancillary use for the primary use in the notes to the use charts
appearing in this section (CMC 17.14.040). Determinations of compatibility for other ancillary
uses shall be made by the Director based on the North American Industrial Classification System
(NAICS) Manual and the characteristics of the proposed use. Decisions on ancillary uses may
be referred to the Planning Commission when, in the opinion of the Director, the classification
or compatibility of a proposed ancillary use is unclear. Ancillary (Accessory) Use is defined

as follows: A use that is secondary to the principal use of a building or space within a
building on the same building site that serves a purpose customarily incidental to any
permitted use made of the premises alone. Ancillary uses contemplated by this proposal
include food sold for consumption off-premises, retail sales of food and non-food
merchandise directly related to the use and coffee/bakery use. See Operation narrative
for more information.
3. Requests for the establishment of more than one ancillary use with a primary use, or to
establish one or more ancillary uses with a proportion of more than 10 percent of the primary
use shall only be approved upon the granting of a use permit by the Planning Commission
through the adoption of findings established in CMC 17.64.060, Ancillary or Accessory Uses.

This proposal requests the establishment of three ancillary uses which are consistent with,
and integrated into the full-line restaurant experience. See Operation narrative for more
information.

f. 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. Will accept this condition and comply.
g. Outside seating may be allowed subject to Chapter 17.58 CMC, Design Review. 100 seats

are proposed in Carmel Plaza's interior outdoor courtyard. This application includes
information so that such Design Review may be processed as a part of this Conditional
Use Permit application.
h. Food sold for consumption off the premises shall be incidental to the primary use. Such
food shall be placed in covered containers or wrappings, and all house-brand labeled food
store goods such as vinegars, oils and salad dressings shall be prepackaged and sealed. This

application proposes that food for consumption off premises be made available to
patrons as a use incidental to the primary use of a full-line restaurant. 115 SF or 1.0o/o
of the Aoor area has been set aside to allow for chef-prepared take-outs foods, which
shall be placed in covered containers or wrappings.
i. Maximum number of food stores and/or restaurants located within structures fronting
on Ocean Avenue: 15. See also Chapter 17.56 CMC, Restricted Commercial Uses . Not

applicable.
j. See also subsection (1)(1) of this section, All Eating and Drinking Establishments.
267

Detailed Project Information

Property Owner:

Tenant:

Applicant:

Project Location :

OWRF Carmel, LLC

535 Madison Avenue
New York, NY 10022
Contact: Gayle Speare, 83 1-624-0 138
Gayle.Speare@cis.cushwake.com
American National Investments
3515 Hancock Street
San Diego, CA 9211 0
Contact: Gina Champion-Cain, Chief Executive Officer, 858-270-9900
gina@americannationalinvestments.com
Belli Architectural Group
235 Monterey Street, Suite B
Salinas, CA 93901
Contact: David Peartree, 831-424-4620, david@belliag.com
Carmel Plaza
Southwest Corner of Ocean Avenue and Mission Street
Carmel-by-the-Sea, CA 93921
Retail Sales of home furnishings/decor.
Restaurant, Full-Line.

Proposed Project Area:

o
Floor Area:
10,750 SF
o
Exterior Common Area: 1,095 SF
o
Total:
11,845 SF
Zone: Central Commercial (CC), Community Plan Overlay
(E) Occupancy Classification:
M
A-2
Proposed Occupancy:
Construction Type:
Type VB, Sprinklered
Hours of operation:
Daily, 7:00 AM-12:00 AM
Any special events planned?
o
Community-focused sessions including cooking demonstrations, wine and beer education.
Live music, compliant with Chapter 8.56 of the City's Municipal Code.
o
Number of seats: 300
o
Interior Seating: 184
o
Bar Seating: 16
o
Exterior Seating: 100
Number of employees: 79

Previous Use:
Proposed Use:
Work Scope:
o
Interior Tl to include

New commercial kitchen

New and/or revised ADA compliant restrooms

HYAC and electrical upgrades as required for the new use

Non-structural partition walls

Built-in casework

Finishes
o
Common Area Improvements: Outdoor Dining Patio

ABC compliant decorative barrier

Landscape planters

Site furnishings

Umbrellas
Fa<;ade Improvements
o

7th Avenue

Conversion of one existing floor-to-ceiling window into a door,

including landing and accessible pathway to create an entrance to
the project from 7th Avenue.

Minor changes to fa<;ade fenestration and finishes consistent with

2001 Carme l Plaza Storefront Design Guidelines.

Courtyard

Reconfigured and relocated storefront and entrance system consistent

with 2001 Carmel Plaza Storefront Design Guidelines.
o
Improvements in the Public Way

Proposed removal of one existing tree well and establishment of a

parallel parking stall. Existing tree well is inconsistent with City
standards for location and type.

268

PLAN NOTES
1. ENTRY
2. HOST
3. CHEF'S PANTRY
4. PIZZA
5. TAPAS/CHARCUTERIE
6. RETAIL/WINE SALES
7. COFFEE/BAKERY
8. CHEFS LINE
9. SEATING
10. PLANTER
11. BAR
12. PRIVATE DINING ROOM
13. SERVICE STATION
14. PATIO SEATING
15. BACK OF HOUSE
16. RECEIVING
17. RESTROOMS
18. GREEN WALL

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INTERIOR SEATING:
BAR SEATING:
EXTERIOR SEATING:
TOTAL:

184
16
100
300

.ISHIHARA

WILSON

FLOOR PLAN

architectural group

www.wilsonishihara.com
269
4158942644

CONCEPT
{charcuterie}

270

CONCEPT

{tapas bar}

271

CONCEPT
{coffee-bakery}

272

CONCEPT
{pizza}

273

CONCEPT
{retail}

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CONCEPT
{wine shop}

275

CONCEPT
{chef's pantry}

276

CONCEPT
{bar+ dining}

277

CONCEPT
{outdoor}

278

279

280

281

282

CONCEPT
{finish palette}

EXTERIOR WOOD CLADDING

METAL FINISH

GREEN WALL

CAST STONE FIRE PIT

283

CAST STONE PLANTERS

WOOD PLANTERS

REVISIONS DATE

BY DESCRIPTION

Attachment E - Project Plans

DATE
SCALE
DRAWN
JOB
SHEET

OF

SHEETS

284

~..1_ __.1

BY DESCRIPTION

LEGEND
(E) BUILDING FOOTPRINT TO REMAIN

,----

L ___ _ SCOPE OF WORK TO BE DEMOLISHED

TO BE DEMOLISHED

REVISIONS DATE

r-------l
1L _______ J1

,-- - l

L _ _ _ j PORTION OF (E) WALL TO BE REMOVED

rZZJ

AREA OF WORK
- - - PROPERTY LINE

'

JUNIPERO STREET
-

/~~===============================================================================================================================================================================================================================~~

//

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D-3

ELEC.
ROOM

UP.

D-4
PORTION OF (E)
WALL TO BE
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205
KHAKI'S
101 13& SF
(ON TWO LEVELS)

D-5
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D-2

f-

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WALL 0 BE
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DISPLAY POP-OUT
TO BE REMOVED
SUR LA TABLE
4202 SF

BISTRO
BEAUJOLAIS
l"l"lO SF

WRATH
WINERY
725 SF

CHEESE

SHOP

(E) T EE WELL

IMPRESSIONS
4345 SF

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1203 SF

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110

,---------------------------------------------------1

STOREFRONT TO
BE DEMOLISHED

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LANDSCAPE TO
BE REMOVED

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103
J JILL
4000 SF

II
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114
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C-4
ANUBEE
1031& SF

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COFFEE

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575 SF
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3070 SF

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MISSION STREET

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~================================~~/

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BY DESCRIPTION
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286

BY DESCRIPTION
REVISIONS DATE
DATE
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287

BY DESCRIPTION
REVISIONS DATE
DATE
SCALE
DRAWN
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288

BY DESCRIPTION
REVISIONS DATE
DATE
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DRAWN
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289

BY DESCRIPTION
REVISIONS DATE
DATE
SCALE
DRAWN
JOB
SHEET

OF

SHEETS

290