Appeal of the Planning Commission's decision to Approve a Use Permit Dolata 11-2013.pdf

8/14/2019 Appeal of the Planning Commission's decision to Approve a Use Permit Dolata 11-2013.pdf

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ToFromSubmitted by

Subject

CITY OF CARMEL-BY-THE-SEACouncil Report

November 5, 2013Honorable Mayor and Members of the City CouncilJason Stilwell, City AdministratorRob Mullane, AICP, Communi ty Planning and Building DirectorMarc Wiener, Senior PlannerConsideration of an appeal of the Planning Commission s decision toapprove a Use Permit UP 13-13) with special conditions for theexpansion of an existing restaurant located on the west side of San CarlosStreet between Ocean and Seventh Avenues in the Doud building. Acondition of approval is being appealed by the restaurant owner: ChloeDolata.

Recommendation Deny the appeal, and uphold the Planning Commission s decision toapprove UP 13-13 with special conditions.

Executive Summary The project site is located on the west side of San Carlos Street betweenOcean and Seventh Avenues in the Doud building. There is a restaurantwithin the building named Carmel Belle. Carmel Belle was issued abusiness license by the City in 2009, and operates under an existing UsePermit UP 01-18), which was previously assigned to a restaurant namedPaulina s. Carmel Belle provides a full range of food items, andcustomers order and pay for their meals at a counter prior to eating.The restaurant currently operates with 63 seats but is permitted a total75 seats under UP 01-18. The applicant is proposing to expand theexisting restaurant into two adjacent retail spaces on the south end of


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Analysis Discussion:

entrance. The expansion of the restaurant requires the approval of anew Use Permit.

Planning Commission Review and taffAnalysisUse Permit UP 13-13 was reviewed by the Planning Comm ission onSeptember 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 squarefeet and also allows the expansion of the kitchen prep area byapproximately 120 square feet. The tot l restaurant capacity shallbe maintained t 75 seats. This Use Permit authorizes the reta ilsale of specialty food items not to exceed 5-10 of the business.

2. Customers shall have the option of being provided menus whileseated t a table or counter.3. Except for takeout service, all customers shall pay for their meals

fter 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 , whichrequires th t customers pay for their meals after eating. This conditionwas drafted by staff to address the existing non-conforming operation ofthe business.Full-line restaurants are allowed as a conditional use in the CentralCommercial Zoning District. According to CMC Section 17.68, full linerestaurants provide a full line of prepared food and drinks using non-disposable plates, glasses and utensils for immediate consumption on thesite. These restaurants provide table service to patrons of all ages who


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2009, this service arrangement was allowed as a continuation of anexisting use.Additionally, in 2011, the Planning Commission reviewed a proposal for anew restaurant named 4002, which was at a different location. TheCommission determined that having customers pay before they eatrather than after would not disqualify a restaurant from being defined asa conforming full-line restaurant. However, the approval for 4002 wasappealed to the City Council, and a condition was applied that requiredcustomers to pay after eating with the exception of take-out orders.Based on the code definition of a full-line restaurant and the 2011 CityCouncil decision for 4002, Carmel Belle restaurant remains a nonconforming use. CMC 17.36.050 states that : no non-conforming usem y be expanded or extended into an existing portion of a building th twas not previously occupied by the s me nonconforming use. As such,the applicant should not be allowed to expand the restaurant seating andfloor area unless the operation is brought into compliance.The special conditions approved by the Planning Commission onSeptember 11, 2013, are intended to bring the restaurant intocompliance. Staff notes that Carmel Belle would be permitted tocontinue allowing its customers to order from the counter. However,Special Condition 3 requires payment after consumption of the meal.Basis for AppealThe appellant has expressed concern with Special Condition #3, wh ichstates that 1/except for takeout service, all customers shall pay for theirmeals after eating. The appellant has requested to expand their existingnon-conforming use to new portions of the building. As stated in theprevious section, CMC 17.36.050 clearly states that non-conforming usescannot be expanded into new portions of the building.Alternative Options


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expanded or extended into an existing portion of a building that was notpreviously occupied by the same nonconforming use. Based on thisrequirement, the City Council could potentially authorize the existingseating area to maintain its existing non-conforming operation, whichallows customers to pay before they consume the meal. However, theexpanded portions of the restaurant would be required to comply withthe requirement that customers pay after consuming the meal.This arrangement could be determined to be consistent with the ZoningCode requirements for non-conforming uses; however, staff notes thatsuch a split operat ion may be a challenge for the restaurant owner andmay be confusing to customers. Furthermore, such an arrangement mayrequire City staf f resources to ensure compliance with this requirement .ption : The Council could direct the appellant to apply for a Zoning

Code mendment to either amend CMC Section 17.36.050, whichaddresses the expansion of non-conforming uses or amend thedefinition of a full-line restaurant, which is set forth in CMC Section 17.68and which requires that customers pay after they eat. The section of theCMC states that a full-l ine restaurant is defined as: A full line of preparedfood and drinks using non-disposable plates, glasses and utensils forimmediate consumption on the site. These restaurants provide tableservice to patrons of all ages who pay after eating. Takeout service maybe provided.Staff notes that a code amendment to either of the noted sections wouldhave to first be considered by the Planning Commission, approved by theCity Council, and separately certified by the Coastal Commission as anamendment to the City s Local Coastal Program.ummary of taffAnalysis ofAppealfter analyzing the issues presented by the appellant, staff concludes

that the special conditions drafted for UP 13-13 are consistent with theZoning Code requirements for a non-conforming use. Staff concurs with


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Commission staff report, findings, conditions of approval for UP 13-33,and meeting minutes are included as Attachment E for the City Council'sconsideration . Staff has also provided project findings and conditions ofapproval, included as Attachments A and B respectively, for the Council'sconsideration .

Previous CouncilAction Decision History:

Th is Use Permit UP 13-13) was unanimously approved by the PlanningCommission 4-0 vote) with special conditions on September 11, 2013.

Attachments: Attachment Project Findings dated 11 5 13 Attachment B Conditions of Approval dated 11 5 13 AttachmentC Appeal Application Attachment D Applicant's Letter submitted to the Planning Commission on 9 11 13 Attachment E PC Staff Report, Findings, Conditions, and M inutes dated 9 11 13 Attachment F Project Plans

Reviewed byCity Administrator City ttorney D Administrat ive Services DAsst. City Admin. D Dir of CPB Dir of Public Svcs DPublic Safety Dir D Library Dir D Other D


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ttachment Use Permit Findings

CITY OF CARMEL-BY-THE-SEAFINDINGS FOR DECISION

UP 13-13Chloe Dolata (Carmel Belle)W s San Carlos between Ocean & i in the Doud buildingBlock 76, Lots 9-11APN: 010-146-002

CONSIDERATIONFindings for the approval of Use Permit UP 13-13) to expand an existing restaurant at a sitelocated in the Central Commercial CC) DistrictFINDINGS OF FACT

1. The project site is located on the west side of San Carlos Street between Ocean andSeventh Avenues in the Doud Building. The site contains a restaurant named CarmelBelle.

2. A business license was approved for Carmel Belle on June 8, 2009. Carmel Bellecurrently operates under use permit UP 01-18, previously assigned to a restaurantnamed Paulina's.

3. Carmel Municipal Code Section 17.14 Schedule 11 B establishes that full line restaurantsare 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) amendmentapplication to expand the restaurant into two adjacent retail spaces within the DoudAracde.

5. The Planning Commission approved the Use Permit, subject to certain conditions ofapproval, on September 11, 2013, at a duly-noticed public hearing. Use Permit UP 13-13) supersedes all previous use permit applications at this location.


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UP 13-13 Carmel Belle)November 5, 2013Findings for DecisionPage 2

7. A public hearing was held by the City Council on November 5, 2013, for consideration ofthe appeal and the Use Permit, with notice of said hearing published in the Carmel PineCone and owners of property within 300 feet of the project site were notified at least1 days prior to the public hearing.

8. The project qualifies for a Class 3 Categorical Exemption from the provisions of theCalifornia Environmental Quality Act CEQA) pursuant to Section 15303 ofthe StateCEQA Guidelines.

9. The City Council, at a duly-noticed hearing on November 5, 2013, considered the appealand the project, its findings including the CEQA findings and conditions of approval, aswell as the test imony presented at the hearing and makes the following findings fordecision.

FINDINGS OR 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 theGeneral 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, policeprotection, 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


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UP 13-13 Carmel Belle)November 5 2013Conditions of ApprovalPage 2

polystyrene foam food packaging. The restaurant shall comply with all otherrequirements 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 lasthour of each business day.

9. Food sold for consumption off the premises shall be incidental to the primary use. Suchfood 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 areacan be cleaned and the refuse removed without creating a public nuisance and withoutbeing placed on the sidewalks or other public ways. If the method of cooking used willgenerate hot ashes a storage facility and disposal method shall first be approved by theFire Department.

11. At least one restroom shall be available for use by both sexes within, or convenientlyadjacent to, the specific business premises and on the same property on which the useis located. This restroom shall comply with all provisions ofthe State Uniform Buildingand Plumbing Codes as to the required size location and accessibility standards, andshall 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 Buildingand Fire Codes, the number of seats approved by the Planning Commission throughpublic review, or the number of seats in the previous business, whichever is less . Theseating capacity shall be posted on the premises.

13. The use shall be conducted in a manner consistent with the presentations andstatements submitted in the application and at the public hearing, and any change inthe use which would alter the findings or conditions adopted as part of this permit shallrequire 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 notinitiated within six months and or upon termination or discontinuance of the use for


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U 13-13 Carmel Belle)November 5 2 13Conditions of Approvalage 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 usewould result in an increase in water use as compared to the previous use, this UsePermit 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 requestby any enforcement officer of the City.

18. The applicant agrees, at its sole expense, to defend, indemnify, and hold harmless theCity, its public officials, officers, employees, and assigns, from any liability; and shallreimburse the City for any expense incurred, resulting from or in connection with anyproject approvals. This includes any appeal, claim, suit, or other legal proceeding, toattack, set aside, void, or annul any project approval. The City shall promptly notify theapplicant of any legal proceeding, and shall cooperate fully in the defense. The Citymay, at its sole discretion, participate in any such legal action, but participation shall notrelieve the applicant of any obligation under this condition . Should any par ty bring anylegal action in connection with this project, the Superior Court of the County ofMonterey California, shall be the situs a.nd have ju r isdiction for the resolution of allsuch actions by the parties hereto.

*Acknowledgement and acceptance of conditions of approval.

Property Owner Signature Printed Name Date


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Attachment c - Appeal Application CITY OF CAR1v1EL-BY-THE-SEA RECEIVED8 ~ ? 1 2 13APPEAL OF PLANNING COMMISSION DECISION CITY OFCARMEL BY-11:ffi,.SEA

(FILING FEE: 295.00*)/Appellant: c..t\LoE. ~ - :po TA

Property Owner: To \tN ?L-A STIN \Mailing Address: t'c J3DX 4:9 ArC >

( CAJ2-ME.L 13E.LLE)( TSD CA[2MEL Pf2-C:f E(2TI ~ s )

c A f 2 - M ~ L CA 4 ~ 9 2 - 1Phones: D a y : ~ 3 1 ) 2.3 OC GD Evening: ( ) _. -Fax: ( ) Email: c q ~ \ o . c o _ \ lo ~ 5 -; l .OMDate Board heard the matter: S Ef T I \ / 2 l 3Appeals to the City Council must be made in writing in the office of he City Clerk within10 working days following the date o action by the lanning Commission andpayingthe required iling fee as established by City Council resolutionPhysical location ofproperty that is the subject of appeal:

Lot(s): _\ Block: 7 b APN: _COMMISSION ACTION BEING APPEALED: I A tv\ A P PcAL. N ~ 3 oF Jt-\(2;SPt::.C\AL ~ P I T L C N ~ ''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


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GROUNDS FOR APPEAL: (State the specific basis for your appeal, such as errors oromissions you believe were committed by the Commission in reaching its decision, etc.)ofZ-DEtz.. . PA.Y T CPVI JTE12- ~ fc::oD IS ~ v ~ DWE 1-tAv'E A NON-C9NFoJ2.Ml"-J& U'SE. . we:.'P L \ ~ ~

To C. .ON\ NUS ' fb USE V ~ N0 -1-LONFo(L.MIN G- U S I 1 THE. E)


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Attachment D - Applicant Letter submitted to PC on 9/11/13

C RMEL BELLE

A note to the Members of the Planning Commission:

SW Cnr Son Carlos OceanCotmel California 9.3921T 831-6 [email protected],.CarmelBelle.com

We have enjoyed over four wonderful years of owning anlli operat ing Carmel Belle in:_side the r>oudCraft Studios. We've also enjoyed our success-- with our sales increasing each )lear. We are a busylittle place, and we love what we do. At times it can feel that we are busting at the seams Oftenon summer days we dorit have .enough tables free for owr customers. Additionally, our local custamers frequently tell us that they would love to come get our food andfor our coffee but justcan' 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 themwhat we do- fresh, organic, simJ >le meals prepared quickly in a casual ambiance. They love us, andwe love them - everyone tells us we have the nicest staff and the best food. It is important to tss tokeep them happy. They tel l us they wish we could get a lfttle bit bigger. They tetl us we should offer freshly squeezed juices and a few smoothies. They beg us to start doing dinner. l(nd this is whywe 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 expandedfloor plan and additional seating will provide greater fle'Xii3Hity in accomm0dating large familiesand groups 0f local friends in a more relaxed and


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Attachment E P StaffRepor t, Findings, Conditions and Minutes dated 9111 /13CITY OF CARMEL-BY-THE-SEA

PLANNING COMMISSIONAGENDA CHECKLISTMEETING DATE: 11 September 2013 BLOCK: 76 LOTS: 9-11FIRST HEARING: XITEM NO: UP 13-13

SUBJECT:

CONTINUED FROM: N/AOWNER: TSD Carmel PropertiesAPLICANT: Chloe Dolata (Carmel Belle)STREAMLINING DEADLINE: 10/26/13

Consideration of a Use Permit amendment request (UP 13-13) to expand an existingrestaurant at a site located in the Central Commercial Zoning (CC) District

ENVIRONMENTAL REVIEW:Exempt (Class New Construction or Conversion of Small Structures)

LOCATION: ZONING:W/s San Carlos between Ocean ih in the Doud ArcadeAPN: 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:


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CITY OF CARMEL BY THE SEACOMMUNITY PLANNING AND BUILDINGSTAFF REPORT Amended Approved 9/11113

APPLICATION: UP 13-13 APPLICANT: Chloe Dolata (Carmel Belle)BLOCK: 76 LOTS: 9 11LOCATION: W/s San Carlos between Ocean t in the Doud Arcade

REQUEST:Consideration of a Use Permit amendment request (UP 13-13) to expand an existingrestaurant at a site located in the Central Commercial Zoning (CC) DistrictBACKGROUND/PROJECT DESCRIPTION:The site is located on the west side ofSan Carlos Street between Ocean and Seventh A venuesin the Doud building. There is a restaurant within the building named Carmel Belle. CarmelBelle was issued a business license in 2009 and operates under an existing Use ennit (UP01-18), previously assigned to a restaurant named Paulina s The restaurant is permitted 75interior seats but currently operates with 63 seats. The approved hours ofoperation are from8:00a.m. to 9:00p.m. daily, but is currently is open only for breakfast and lunch, from 8:00a.m. to 5:00p.m.The applicant is proposing to expand the restaurant into two adjacent retail spaces on thesouth end of the arcade. The restaurant would be expanded from I ,500 square feet to 2,900square feet. The seating count would be maintained at the originally-approved limit of 75seats. 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 byapproximately 120 square feet, and a new glass partition/display case is proposed near theSan Carlos Street entrance.EVALUATION:Restaurant Expansion: Full-line restaurants are allowed as a conditional use in the CentralCommercial District. According to CMC Section 17 .68, full line restaurants provide afullline of prepared food and drinks using non-disposable plates, glasses and utensils forimmediate consumption on the site. These restaurants provide table service to patrons ofallages who p y after eating. Takeout service may be provided.


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UP 13-13 (Cannel Belle)September 2 13

StaffReportPage 2

Additionally, in 2011, the Planning Commission reviewed a proposal for a new restaurantnamed 400, which was at a different location. The Commission determined that havingcustomers pay before they eat rather than after would not disqualify a restaurant from beingdefmed as a conforming full-line restaurant.However, the approval for 400 was appealed to the City Council, and a condition wasapplied that the restaurant had to give customers the option o ordering from a menu whileseated or from the counter. The Council also required that customers pay after eating withthe exception o take-out orders.Based on the code definition o a full-line restaurant and the 2 1 1 City Council decision for400, Carmel Belle restaurant should be considered a non-conforming use. CMC 17 .36.050states that: ''no nonconforming use m y be expanded or extended into an existing port ion ofa building that was not previously occupied by the same nonconforming use As such, theapplicant should not be allowed to expand the restaurant seating and floor area unless theoperation is brought into compliance.To address this issue, a condition has been added that customers be allowed to order from amenu 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 theoperation o the restaurant consistent with the zoning regulations.RECOMMENDATIONApprove the application with the attached Findings for Decision and Special Conditions.


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CITY OF CARMEL-BY-THE-SEADEPARTMENT OF COMMUNITY PLANNING AND BUILDING

FINDINGS FOR APPROVALUP 13-13TSD Properties (Carmel Belle)W/s San Carlos between Ocean i in the Doud ArcadeBlock 76, Lots 9-11APN: 01 0-146-002

CONSIDERATION

Consideration o a Use Permit amendment request (UP 13-13) to expand an existingrestaurant at a site located in the Central Commercial (CC) DistrictFINDINGS O FACT

1 The project site is located on the west side o San Carlos Street between Ocean andSeventh A venues n the Doud Arcade. The site contains a restaurant namedCarmel Belle.

2. A business license was approved for Carmel Belle on 8 June 2009. Carmel Bellecurrently operates under use permit UP 01-18, previously assigned to a restaurantnamed Paulina s.

3. On 16 July 2013, the applicant submitted a Use Permit amendment application toexpand the restaurant into two adjacent retail spaces within the Doud Aracde.

4. Carmel Municipal Code Section 17.14 Schedule li-B establishes that full linerestaurants are a conditionally permitted use and are subject to PlanningCommission approval. This Use Permit (UP 13-13) supersedes all previous usepermits at this location.


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UP 13-13 Cannel Belle)11 September 2013FindingsPage 2

3. The granting of the Use Permit will not set a precedent for the approval of similaruses whose incremental effect will be detrimental to the City, or will e n conflictwith the General Plan.4. The proposed use will not make excessive demands on the provision of publicservices, including water supply, sewer capacity, energy supply communicationfacilities, 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 conflictwith 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 ofneighboring properties or uses.


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Amended 11 13CITY OF CARMEL-BY-THE-SEADEPARTMENT OF COMMUNITY PLANNING AND BUILDING

CONDITIONS OF APPROVALUP 13-13TSD Properties (Carmel Belle)W/s San Carlos between Ocean i in the Doud ArcadeBlock 76, Lots 9-11APN: 0 10-146-002SPECIAL CONDITIONS:

1. This Use Permit (UP 13-13) pennits the expansion o the restaurant fromapproximately 1 500 square feet to 2,900 square feet and also allows the expansion othe kitchen prep area by approximately 120 square feet. The total restaurant capacityshall be maintained at 75 seats. This Use Permit authorizes the retail sale o specialtyfood items not to exceed 510% o the business.

2. Customers shall have the option o being provided menus while seated at a table orcounter.

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 HealthDepartment prior to building pennit issuance.

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

UP 13-13 Cannel Belle)


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11 September 2013Conditions ofApprovalPage 2

8. Substantially all foods from the standard menu shall be available for purchase duringthe hours that alcoholic beverages are being served except for the first hour and thelast 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 areacan be cleaned and the refuse removed without creating a public nuisance and withoutbeing placed on the sidewalks or other public ways. f the method of cooking usedwill generate hot ashes, a storage facility and disposal method shall first be approvedby the Fire Department.

11 At least one restroom shall be available for use by both sexes within, or convenientlyadjacent to, the specific business premises and on the same property on which the useis located. This restroom shall comply with all provisions of the State UnifonnBuilding and Plumbing Codes as to the required size, location and accessibilitystandards, and shall be available for use by both the employees and patrons of thebusiness.

12. Maximum seating capacity shall not exceed the standards in the State UniformBuilding and Fire Codes, the number of seats approved by the Planning Commissionthrough public review, or the number of seats in the previous business, whichever isless. The seating capacity shall be posted on the premises.

13. The use shall be conducted in a manner consistent with the presentations andstatements submitted in the application and at the public hearing, and any change inthe use which would alter the fmdings or conditions adopted as part of this pennitshall 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 notinitiated within six months and/or upon tennination or discontinuance of the use forany period of time that exceeds six months .


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Attachment PC Staff Report, Findings, Conditions and Minutes dated 9 / 3UP 13-13 Carmel Belle)I I September 20 3Conditions ofApprovalPage 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 requestby any enforcement officer of the City.

8 . The applicant agrees, at its sole expense, to defend, indemnify, and hold harmless theCity, its public officials, officers, employees, and assigns, from any liability; and shallreimburse the City for any expense incurred, resulting from, or in connection with anyproject approvals. This includes any appeal, claim, suit, or other legal proceeding, toattack, set aside, void, or annul any project approval. The City shall promptly notifythe applicant of any legal proceeding, and shall cooperate fully in the defense. TheCity may, at its sole discretion, participate in any such legal action, but participationshall not relieve the applicant of any obligation under this condition. Should any partybring any legal action in connection with this project, the Superior Court of theCounty of Monterey, California, shall be the situs and have jurisdiction for theresolution 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


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PLANNING OMMISSION MINUTESSEPTEMBER 11 2013

I. CALL TO ORDER AND ROLL CALL FOR TOUR OF INSPECTIONPRESENT: Commission Members: Dallas, Goodhue, LePage, and ReimersSTAFF PRESENT: Rob Mullane, Community Planning Building Director

Marc Wiener, Senior PlannerLeslie Fenton, Secretary to the CommissionII. TOUR OF INSPECTION

The Commission toured the following sites: Scherbarth, Smith, Overett, Hardy,Pasqua/Kenney, TSD Carmel Properties (Carmel Belle), Pace Properties (Tamara G) andGunner Il Fomaio).

III. ROLL CALLPRESENT: Commission Members: Dallas, Goodhue, LePage, Reimers, and Paterson

IV. PLEDGE OF ALLEGIANCEMembers of the audience joined Commission Members in the pledge of allegiance.

V. ANNOUNCEMENTS/EXTRAORDINARY BUSINESSChair Paterson welcomed new Community Planning Building Director Rob Mullane.Commissioner Reimers has some questions that she would like forwarded to the AwningSub-Committee regarding awnings and roofs.Mr. Mullane announced the following items from the September 10, 2013 City Councilmeeting:1. Forwarded two Public Works projects, 2013 14 Streets Overlay and Santa Fe 4th StormDrain Replacement, to City Staff for review.


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IX. PUBLIC HEARINGSThe Commission unanimously agreed to hear Item 3, UP 13-13, first.3. UP 13-13

Chloe Dolata(Carmel Belle)WIs San Carlos bt. Ocean thBlock 76, Lot(s) 9-11

Consideration of a Use Permit amendmentrequest (UP 13-13) to expand an existingrestaurant at a site located in the CentralCommerci l Zoning (CC) District

Commissioner Reimers recused herse lf from the discussion.Mr . Wiener presented the staff eport. 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 SpecialConditions 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 2,900square feet and also allows the expansion of the kitchen prep area by approximately120 square feet. The total restaurant capacity shall be maintained at 75 seats. This sePermit authorizes the retail sale o specialty food items not to exceed 5-10 o thebusiness, seconded by DALLAS and carried by the following roll call vote:AYES:NOES:ABSENT:ABSTAIN:

Dallas, Goodhue, LePage, PatersonNoneReimersNone

At 5:29p .m., Chair Paterson needed to leave the meeting, and left the dais. Vice ChairDallas chaired the remainder of the meeting.


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Documents

Appeal of the Planning Commission's decision to Approve a Use Permit Dolata 11-2013.pdf