CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

December 13, 2017

To: Chair Goodhue and Planning Commissioners

From: Marc Wiener, AICP, Community Planning and Building Director

Subject: Consideration of a Design Review (DR 17-365) application for outdoor

seating associated with an existing restaurant (7th & Dolores) located in
the Service Commercial (SC) District.

Application: DR 17-365 APN: 010-145-020

Location: Southeast Corner of 7th and Dolores
Block: 91 Lot(s): 2, 4, 6, 8
Applicant: Adam Jeselnick Property Owner: C Pines 7, LLC

EXECUTIVE SUMMARY
The applicant is requesting to establish a 1,512-square foot outdoor dining area located east of
the main building, adjacent to 7th Avenue. The proposed outdoor dining area would contain a
total of 36 seats, including three 2-top tables and five fire pits with bench seating.

RECOMMENDATION
Approve the Design Review (DR 17-365) application subject to the attached findings and
conditions of approval.

BACKGROUND AND PROJECT DESCRIPTION

The project site is 16,000 square feet in size and is located on the southeast corner of Dolores
Street and 7th Avenue. The site is developed with two buildings which are operated as a full-line
restaurant. The site has a Use Permit (UP 17-020) to operate a full-line restaurant with up to
140 interior seats and 42 exterior seats. The allowed restaurant hours (including outdoor
dining) are from 7:00 a.m. to 10:00 p.m. daily.

On November 8, 2017, the Planning Commission conducted a concept review of a proposal to

relocate the small building from Dolores Street to 7th Avenue and create an outdoor seating
area at the rear of the relocated small building. The Commission expressed general concern
with the impact that the project could have on the historic character of the site. In response to
these concerns, the applicant has revised the proposal and is no longer requesting to relocate

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DR 17-365 (C Pines 7, LLC)
December 13, 2017
Staff Report

the small building, but is requesting to establish outdoor seating in the parking lot adjacent to
7th Avenue. The proposed seating area is 1,512 square feet in size and contains 36 seats, which
includes three 2-top tables and five fire pits with bench seating made of board-formed
concrete. The asphalt in the seating area would be replaced with permeable pavers and a new
liquidambar tree would be planted on the west side of the seating area. The applicant would
also extend an existing 12-inch high concrete planter along the north border of the dining area,
adjacent to 7th Avenue (See Attachment A). On the west side of the building the applicant
would retain 6 seats (three 2-top tables) near the main entrance. The applicant is not required
to amend their Use Permit (UP 17-020) which authorizes up to 42 exterior seats; however,
Design Review (DR 17-365) approval is required for the new outdoor seating location and
design.

STAFF ANALYSIS

Design Standards: CMC Section 17.14.220.D provides the following design regulations for
outdoor seating associated with a restaurant:

1) The proposal shall not result in a net increase in seating capacity.

Staff Response: The new outdoor seating area would include 36 seats on the east side
of the main building and 6 seats on the west side adjacent to the main entrance. The
proposed project would not increase the number of exterior seats.

2) The seating area shall not occupy more than 10 percent of the site area nor more than
30 percent of any courtyard.

Staff Response: The total proposed outdoor seating area on both the east and west
sides of the building is 1,644 square feet or 10% of the total project site. The proposed
seating is consistent with the 10% site area standard.

3) The area in which the seating is proposed shall be fully contained on private property
and shall not interfere with automobile or pedestrian traffic on any public right-of-way
or through any intra-block walkway.

4) The seating area shall be demarcated by landscaping or other site features to clearly
define its outer boundaries. The boundaries shall be established to preserve a sense of
openness and ease of access for pedestrian traffic. (See Appendix E3: Commercial Design
Guidelines).

Staff Response: The proposed exterior seating area is fully contained on private
property. The boundaries of the outdoor seating area are defined by the concrete
planter adjacent to 7th Avenue and by the fixed concrete benches arrangement around
fire pits. A new tree is also proposed on the west side of the seating area.

58
DR 17-365 (C Pines 7, LLC)
December 13, 2017
Staff Report

5) Outdoor seating areas which allow visual contact and incidental communication
between patrons and passersby are encouraged.

Staff Response: The new outdoor seating area would be located adjacent to the 7th
Avenue sidewalk and would support visual contact and incidental communication as
recommended by the Municipal Code. In staffs opinion, the proposed exterior seating
area will enhance the 7th Avenue.

6) Physical structures that enhance comfort such as windscreens, heaters, and exterior
lighting shall be shielded from view from the public right-of-way and from intra-block
walkways or shall be designed to be architecturally compatible with the village character
and the adjacent buildings.

Staff Response: The applicant is not proposing any associated windscreens, structures
or exterior lighting at this time. Exterior lighting will be provided by existing lights on
the east elevation of the building, by ambient lighting coming from the restaurant, and
by the fire pits.

7) Hours of service to outside seating areas shall be regulated through appropriate

conditions of approval to prevent impacts on uses in the vicinity.

Staff Response: The allowed restaurant hours (including outdoor seating) are from 7:00
a.m. to 10:00 p.m. daily. Staff recommends that the hours of service be maintained,
however, if the Commission has concerns with impacts to neighboring properties it
could condition the approval of the outdooring seating with a requirement that the
applicant return with a Use Permit amendment to modify the outdoor hours.

Other Project Components:

Neighbor Impacts: When the Planning Commission reviewed the proposal to relocate the small
building at the November 2017 meeting, it was noted that outdoor seating could potentially
impact the residents of an apartment building located east of the project site. A representative
for the owner of the apartment building provided testimony expressing concern with the
exterior seating. In this revised proposal the exterior seating has been shifted north so that the
southern boundary of the seating area would be 20 feet from outer wall of the apartment
building. In staffs opinion, the impact should be minimal given the separation between the
two. There are several restaurants in the City that have outdoor dining adjacent to second-
story residential units with issue. Of important note is that the allowed hours of operation for
the restaurant are from 7:00 a.m. to 10:00 p.m. If the City receives substantiated complaints
about excessive noise or other nuisances associated with the outdoor seating, the Use Permit
(Up 17-20) could be amended to restrict the outdoor activity hours.

59
DR 17-365 (C Pines 7, LLC)
December 13, 2017
Staff Report

Parking Requirements: The proposed outdoor seating would eliminate the 7th Avenue vehicle
entrance and the only entrance would be a driveway on Dolores Street. The applicant still
intends to utilize valet parking for customers. The plans indicate that the existing parking lot
can accommodate 26 parking spaces with valet service. The reconfigured parking lot would
accommodate 20 parking spaces with valet service. The Municipal Code requires 1 parking
space for every 600 square feet of commercial floor area, which would be 9 striped (self-
parking) spaces for this site. As a condition of approval the applicant must demonstrate that
the parking lot still meets this striped parking space standard.

With the elimination of the 7th Avenue driveway, one new public parking space will be
established along 7th Avenue. A condition has been drafted requiring that the applicant modify
the sidewalk to eliminate the driveway curb cut in this area. The Citys Public Works
Department will oversee the work.

ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from CEQA requirements, pursuant to Section
15301 (Class 1) Existing Facilities. The project includes relocation of approved outdoor
seating, and therefore, qualifies for a Class 1 exemption. The proposed alterations to the
residence do not present any unusual circumstances that would result in a potentially
significant environmental impact.

ATTACHMENTS

Attachment A Site Photographs

Attachment B Conditions of Approval
Attachment C Project Plans

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Attachment A Site Photographs

North Elevation Proposed Seating Area

Planter to be extended westward

61
 Attachment A Site Photographs

Neighboring
Apartments

Seating Area

62
Attachment B Conditions of Approval

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

CONDITIONS OF APPROVAL

DR 17-365 (CPines 7, LLC)

7th & Dolores
Southeast Corner of 7th and Dolores
Block: 91; Lot(s): 2, 4, 6 & 8
APN: 010-145-020-002

PROJECT DESCRIPTION

Consideration of a Design Review (DR 17-365) application for outdoor seating associated with
an existing restaurant (7th & Dolores) located in the Service Commercial (SC) District.

STANDARD CONDITIONS

1. Authorization: Approval of this Design Review (DR 17-365) application authorizes the
applicant to construct outdoor seating as depicted on the December 13, 2017 approved
plan set.

2. Any proposed modifications not depicted on the approved plans, including but not
limited to exterior lighting, heater or the like, shall first require written approval by the
Department of Community Planning and Building.

3. The applicant shall submit plans to the Community Planning and Building Department
demonstrating that 9 striped (self-parking) spaces can be provided on site in the event
that valet parking is discontinued.

4. The applicant shall modify the sidewalk along 7th Avenue to eliminate the driveway curb
cut. The applicant shall obtain a temporary encroachment permit for the work and shall
receive authorization from the Public Works Department for the sidewalk
improvements.

5. This Commercial Design Review approval shall be valid for a period of 18 months from
the date of action by the Planning Commission or, if appealed, final action by the City
Council.

6. 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

63
DR 17-365 (CPines 7, LLC)
December 13, 2017
Conditions of Approval

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.

____________________ __________________ __________

Property Owner Signature Printed Name Date

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

64
UP 17-230 (Carmel Honey Company)
July 12, 2017
Conditions of Approval
Page 3

*Acknowledgement and acceptance of conditions of approval.

_____________________ __________ ________________________ ___________

Applicant Signature Printed Name Date

______________________________ ________________________ ____________

Property Owner Signature Printed Name Date

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 SEATS PROPOSED:

INDOOR SEATING, BUILDING # 1 76 SEATS

INDOOR SEATING, MEZZANINE 40 SEATS

INDOOR SEATING, BUILDING 2 24 SEATS

ARCHITECT
ADAM JESELNICK
TOTAL INDOOR SEATING: 140 SEATS
(RESTAURANT)

160-'0"
80'-0" 63'-10" 16'-2"
OUTDOOR SEATING 42 SEATS

1'-0"
6'-0" 9'-2" 44'-6" 20'-4"
PROPERTY LINE 160.0'

10'-10"
FIRE PIT FIRE PIT FIRE PIT 32" H. BOARD-FORMED EXISTING LANDSCAPE
CONCRETE WALL + BENCH

EXTERIOR
26'-7"

NEW PERMEABLE PAVERS

6'-6"

8'-2"
1168 S.F.
SEATING AT OUTDOOR SEATING AREA
EXISTING TRASH ENCLOSURE
ED A RCH
(N) PLANTER
36 SEATS NS J E S E I T
LN

E
M

EC K
L IC
- MATCH (E)

T
IC
AD
CONCRETE (N) TREE 32" H. BOARD-FORMED
CURBS, 12" H. FIRE PIT (LIQUIDAMBAR) FIRE PIT CONCRETE WALL + BENCH
10'-8"

No. C33090

ST

A
Renew 3/31/19
TE

NI
WAIT STATION
R

A
OF C A L I F O
EDGE OF EXISTING ROOF
8'-3"

6'-0"

6'-0"
INTRA-BLOCK WALKWAY INTRA-BLOCK WALKWAY

(E) PLANTER (E) PLANTER EXISTING PARKING LOT

6'-121"

(E) PLANTER
VALET PARKING ONLY
SEVENTH AVENUE

NEW DOOR FROM KITCHEN 20 PARKING SPACES

BLOCK : 91, LOT: 20 APN: 010-145-020-000

EXISTING FIRE PIT AND TRELLIS
100.0'

CARMEL-BY-THE-SEA, CALIFORNIA
100.0'
PROPERTY LINE

(E) U/G GREASE INTERCEPTOR, TO REMAIN

BELGARD - RIO BLEND

C PINES 7, LLC
PROPERTY LINE
PERMEABLE PAVERS
OUTLINE OF EXISTING BUILDING

SEVENTH & DOLORES

INTRA-BLOCK WALKWAY
RESTAURANT
47'-3"

140 SEATS
INCLUDES MEZZANINE
62'-2"

BLDG #1 BLDG # 2

EXISTING LANDSCAPE
EXISTING SIDEWALK

BLDG #2
EXISTING TRELLIS EXISTING WALL

24

FRONT ENTRANCE
BOARD-FORMED CONCRETE
(E) PLANTER EXISTING PLANTER
EXISTING WALL BUILT-IN FIRE PITS AND BENCHES
11'-921"

PRELIMINARY NOT FOR CONSTRUCTION

6 OUTDOOR SEATS
281 S.F.

TEL. BOX PG&E BOX PROPERTY LINE 160.0'

EXISTING SIDEWALK
PG&E POLE + TRANSFORMER

SITE PLAN
55'-121" 21'-6" 12'-1" 36'-1" 15'-0" 20'-6"

12-5-2017
DOLORES STREET
AS NOTED

1
ARCHITECTURAL SITE PLAN
SCALE: 1/8" = 1'-0"
N A1.1
66
 80'-0"
40'-0"

6'-0" 9'-2" 44'-6" 20'-4"

PROPERTY LINE 160.0'

1'-0"

ARCHITECT
ADAM JESELNICK
FIRE PIT FIRE PIT FIRE PIT

EXTERIOR
26'-7"
1168 S.F.

6'-6"
SEATING

8'-2"
36 SEATS
(N) PLANTER

3'-6"

2'-8"
(N) TREE
FIRE PIT FIRE PIT

WAIT STATION 2'-8" 2'-4" 4'-8" 2'-4" 2'-8"

ED A RCH
NS J E S E I T
14'-8"

LN

E
M

EC K
L IC
A

T
IC
AD
EXISTING PARKING LOT No. C33090

6'-0"
14'-421"

ST

A
Renew 3/31/19
TE
TYPICAL SECTION AT FIRE PIT

NI
R

A
OF C A L I F O
2 SCALE: 1/2" = 1'-0" VALET PARKING ONLY
SEVENTH AVENUE

BLOCK : 91, LOT: 20 APN: 010-145-020-000

100.0'

MEZZANINE ABOVE

WINE BAR

CARMEL-BY-THE-SEA, CALIFORNIA
PROPERTY LINE

C PINES 7, LLC
SEVENTH & DOLORES
47'-3"

RESTAURANT
62'-2"

MEZZANINE ABOVE
CHEESE / RAW BAR BLDG #2
EXISTING SIDEWALK

MODELNUMBER
TRADENAME PRODUCT
MATERIAL MATERIAL
MODELNUMBER
TRADENAME
PRODUCTS

PRELIMINARY NOT FOR CONSTRUCTION

MODELNUMBER
TRADENAME PRODUCT
MATERIAL MATERIAL
MODELNUMBER
TRADENAME
PRODUCTS

STAIRS UP MATERIAL
MODELNUMBER
TRADENAME
PRODUCT

TO MEZZ.
MATERIAL
MODELNUMBER
TRADENAME
PRODUCTS PRODUCT
MATERIAL
MODELNUMBER
TRADENAME

MODELNUMBER
TRADENAME PRODUCT
MATERIAL MATERIAL
MODELNUMBER
TRADENAME
PRODUCTS

MATERIAL
MODELNUMBER
TRADENAME
PRODUCT

MATERIAL
MODELNUMBER
TRADENAME
PRODUCTS PRODUCT
MATERIAL
MODELNUMBER
TRADENAME

MODELNUMBER
PRODUCT
MODELNUMBER

TRADENAME
MATERIAL
TRADENAME
MATERIAL
PRODUCTS

SEATING
MATERIAL
MODELNUMBER
TRADENAME
PRODUCT

(E) OUTDOOR SEATING

(6 SEATS)
(E) PLANTER PLAN +
11'-921"

DETAILS

12-5-2017

TEL. BOX PG&E BOX PROPERTY LINE 160.0' SCALE: 3/16 = 1'

EXISTING SIDEWALK
PG&E POLE + TRANSFORMER

1
ARCHITECTURAL FLOOR PLAN
SCALE: 3/16" = 1'-0"
N
A1.2
67