CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

September 14, 2016
To:

Chair Goodhue and Planning Commissioners

From:

Marc Wiener, AICP, Community Planning and Building Director

Submitted by:

Catherine Tarone, Assistant Planner

Subject:

Consideration of a Use Permit (UP 16-340) application to establish a

restaurant located in the Central Commercial (CC) Zoning District

Recommendation:
Approve Use Permit (UP 16-340) subject to the attached findings and conditions
Application:
Location:
Block:
Applicant:

UP 16-340
APN: 010-146-012
Dolores Street, 2 SE of Ocean Avenue
76
Lot: 10
Dan and Rosemary Reimer Property Owner: Michael Draper et. al.

Background and Project Description:

The project site is located on Dolores Street, six storefronts southeast of Ocean Avenue in the
Central Commercial (CC) Zoning District. The business space is 1,537 square feet in size and was
previously occupied by a full-line restaurant named Le St. Tropez, which operated under Use
Permit (UP 12-12). The applicant is proposing to establish a new full-line restaurant named
Mulligans Public House, which will be owned and operated by the previous owners of Brophys
Tavern.
Mulligans Public House includes a total of 84 seats, including 60 seats in the interior of the
restaurant, 12 of which will be located at a bar, and 24 seats located in the restaurants exterior
courtyard. The applicant is proposing the same number of interior and exterior seats as the
previous restaurant, Le St. Tropez. Additionally, the proposed hours of operation are from
11:00 a.m. to 11:00 p.m. Monday through Friday and from 9:00 a.m. to 11:00 p.m. on Saturday

225

UP 16-340 (Mulligans Public House)

September 14, 2016
Staff Report
Page 2

and Sunday. The allowed hours of operation under the Use Permit for Le St. Tropez were 11:00
am to 10:00 p.m. daily.
The applicant is proposing to remodel portions of the interior of the building, including the
demolition of the existing bar (See Attachment A for photographs) and the construction a new
expanded bar area. Additionally, the applicant is proposing to install five televisions on the wall
of the restaurant: on the south side of the restaurant three televisions are proposed to be
installed on the wall behind the counter of the bar, and on the north side of the restaurant, two
televisions will be installed on the wall near the table seating. Finally, the applicant is proposing
to remodel the restroom to comply with ADA requirements. The applicant has provided a floor
plan illustrating the existing and proposed interior and exterior seating of the restaurant
(Attachment G), a sample menu (Attachment D) and a letter explaining how Mulligans Public
House meets the Citys requirements for a full-line restaurant (Attachment E).
Typically, a restaurant that is replacing a previous restaurant may be approved if it complies
with the restrictions of the previous restaurants Use Permit (see Attachment G). However,
staff is requiring a new Use Permit (UP 16-340) for two reasons: First, the applicant is
requesting a closing time that is one hour later than the previous restaurants 10:00 p.m.
closing time, which requires an amendment. Second, the applicant is proposing a substantially
larger bar area and change in character to the restaurant from what was previously there.
Staff Analysis:
Restaurant Use Permit: 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.
CMC Section 17.14.040.I (3) establishes the criteria for a full-line restaurant. The criteria for a
full-line restaurant are listed below with a staff analysis evaluating the projects compliance
with the requirements.
1. 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.

226

UP 16-340 (Mulligans Public House)

September 14, 2016
Staff Report
Page 3

Analysis: The sample menu (Attachment D) and description (Attachment E) provided by the
applicant indicate that the business will primarily be a full-line restaurant as defined by the
Municipal Code. The applicant is proposing a total of 60 interior seats plus 24 exterior seats,
with 12 of the 60 interiors seats located at a bar. Staff notes that the proposed 12 bar seats
constitutes 20% of the 60 interior seats and complies with the Municipal Code requirement for
bar seating. While the proposed bar area does not exceed the seating requirement, staff notes
that it would be 28 x 8 (length x width) and occupy approximately 40% of the interior floor
space.
The Municipal Code only allows three drinking establishments and defines those as a
businesses serving beverages for consumption on the premises as a primary use and including
on-sale service of alcohol including beer, wine, and mixed drinks (CMC 17.68.030). Staff
acknowledges that the business does have certain characteristics of a drinking establishment
such as the name, the number of television sets, and the relatively large bar area. However, in
staffs opinion the business would be primarily a restaurant in that it serves a full line of food
items, only serves alcohol during hours that food is served, and is proposing to close by 11:00
p.m. However, the Commission could require the applicant to make revisions that would make
the business more characteristic of a restaurant, such as but not limited to reducing the size of
the bar or the number of television sets.
2. Customers shall be provided with individual menus while seated at a table or counter.
Analysis: According to a letter submitted by the applicant (Attachment E), individual menus will
be provided to customers seated at tables, the bar or in the patio area. Standard Condition #7
requires that the above standard is met.
3. Any sale of alcoholic beverages shall be subordinate to this primary use.
4. 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.
Analysis: The applicant has expressed their intent to serve alcoholic beverages for on-site
consumption during the time that meals are served and is proposing the construction of a new
larger bar that includes 12 seats. In staffs opinion, the business exhibits some of the
characteristics of a drinking establishment, but still meets the code definition of a full-line
restaurant. The applicant has submitted a letter to staff (Attachment E) which states that the

227

UP 16-340 (Mulligans Public House)

September 14, 2016
Staff Report
Page 4

restaurant will open at 11:00 am on weekdays and 9:00 a.m. on weekends and is proposed to
close at 11:00 p.m. nightly with a full menu available at all times.
5. Drive-in, formula, and fast food establishments are prohibited.
Analysis: According to the applicant, the proposed menu for Mulligans Public House will be
similar to the old menu for Brophys Tavern. Staff notes that the new menu for Brophys Tavern
is substantially different from the proposed menu for Mulligans Public House. According to a
letter submitted by the applicant (Attachment E), the current owners of the name Brophys did
not purchase menu items, recipes, goodwill, etc., only the name. The proposed restaurant
would not exhibit characteristics of a drive-in, formula food, or fast food establishment as
defined by CMC 17.70.020. A definition of these terms is included as Attachment F.

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 84 seats including 60 interior seats and 24
exterior seats, which is the same amount of seating approved for the previous restaurant in this
location. The floor/seating plan will be reviewed as part of the Building Permit Plan Check
process. The floor/seating 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 84 seats as
proposed by the applicant. However, it should be noted that Special Condition #21 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 remodel the two existing, single-occupancy restrooms in
order to convert them to one, ADA-compliant, single-occupancy restroom that will be available

228

UP 16-340 (Mulligans Public House)

September 14, 2016
Staff Report
Page 5

for use by both sexes.

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 the trash storage which will remain
the same as existing. The trash area is located at the northeast (rear) portion of the property
and is approximately 87-square feet in size and enclosed by a wood door that connects to the
rear portion of the breeze way. The trash will be shielded from public view, which staff
supports. Staff has included the following conditions of approval on the use permit to ensure
that the trash storage area will meet all the necessary stormwater requirements:
a. The trash storage area shall be designed and maintained to prevent storm water
contamination by loose trash and debris.
b. All drainage from adjoining roofs and pavement shall be diverted around the trash area
to minimize water flow through the storage area.
c. The trash storage area shall be maintained in a screened or walled area to prevent offsite transport of trash.
Hours of Operation: According to a letter submitted by the applicant, the proposed hours of
operation are from 11:00 a.m. to 11:00 p.m. Monday through Friday and from 9:00 am to 11:00
pm on Saturday and Sunday. According to the Use Permit for the previous restaurant in this
location, Le St. Tropez, the hours approved for this previous restaurant were 11:00 am to 10:00
p.m. daily.
Staff has drafted Special Condition #20 which requires that the kitchen close by 11:00 p.m. and
states that no new customers shall be accepted after 11:00 p.m. Staff notes that the
surrounding buildings contain commercial uses; however, several of these buildings have
second-level apartments that could be impacted. In order to mitigate impacts to surrounding
residential uses, the Commission may consider restricting the outdoor dining hours, possibly to
10:00 p.m.
Environmental Review: The application qualifies for a Class 3 Categorical Exemption from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the

229

UP 16-340 (Mulligans Public House)

September 14, 2016
Staff Report
Page 6

State CEQA Guidelines. Class 3 exemptions include projects involving limited new construction
projects and conversion of small structures.
ATTACHMENTS:

Attachment A Site Photographs

Attachment B Findings for Approval
Attachment C Conditions of Approval
Attachment D Sample Menu
Attachment E Letter from the Applicant
Attachment F Code Section CMC 17.70.020.
Attachment G Mulligans Floor/Seating Plan

230

Attachment A

Mulligans Public House Photographs

Front (west) elevation of the existing building

View of the breezeway from across Dolores Street

231

Restaurant entrance facing Dolores Street

Existing bar which is 10 feet in length and 7 feet in width

232

North wall of the restaurant

233

Existing wall that will screen the proposed bar from view. Window in wall is proposed to be filled in.

Existing and proposed trash area

234

Exterior breezeway (facing Dolores Street) leading to the outdoor seating

235

Outdoor exterior seating area and existing fire pit

236

237

Attachment B Findings for Decision

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
FINDINGS FOR DECISION
UP 16-340
Dan Reimer (Mulligans Public House)
Dolores Street, 2 SE of Ocean Avenue
Block 76; Lot 10
APN: 010-146-012
CONSIDERATION:
Consideration of a Use Permit (UP 16-340) to establish a full-line restaurant located in the
Central Commercial (CC) District
FINDINGS OF FACT:
1.

The project site is located on Dolores Street, 6 storefronts southeast of Ocean Avenue in
the Central Commercial (CC) Zoning District.

2.

On July 18, 2016, the applicant submitted a Business License application for the
establishment of a full-line restaurant named Mulligans Public House. Staff met with
the applicant and required the submittal of a Use Permit application for the proposed
restaurant which the applicant submitted on August 12, 2016.

3.

Carmel Municipal Code Section 17.14 Schedule II-B establishes that full line restaurants
are a conditionally permitted use and are subject to Planning Commission approval.
This Use Permit (UP 16-340) supersedes all previous use permits at this location.

4.

The application is exempt from the requirements of the California Environmental

Quality Act (Class 3 New Construction or Conversion of Small Structures).

FINDINGS FOR DECISION:

1.

The proposed use, as conditioned, is not in conflict with the General Plan.

2.

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

3.

The granting of the Use Permit will not set a precedent for the approval of similar uses
whose incremental effect will be detrimental to the City, or will be in conflict with the
General Plan.

4.

The proposed use will not make excessive demands on the provision of public services,
including water supply, sewer capacity, energy supply, communication facilities, police
238

UP 16-340 (Mulligans Public House)

September 14, 2016
Findings for Approval
Page 2

protection, and fire protection.

5.

The proposed use will not be injurious to public health, safety or welfare.

6.

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

7.

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

239

Attachment C Conditions of Approval

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
CONDITIONS OF APPROVAL
UP 16-340 (Mulligans Public House)
Dan and Rosemary Reimer
Dolores Street, 2 SE of Ocean Avenue
Block 76; Lot 10
APN: 010-146-012
PROJECT DESCRIPTION:
Consideration of a Use Permit (UP 16-340) to establish a restaurant located in the Central
Commercial (CC) District
STANDARD CONDITIONS (Pursuant to CMC 17.14.040.I):
1.

This permit authorizes the use of a full-line restaurant as defined in Section CMC
17.68.030. No more than 20% of the seating is permitted at a bar or in a separate bar
room.

2.

Any sale of alcoholic beverages shall be subordinate to this primary use.

3.

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

4.

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

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.

6.

Food sold for consumption off the premises shall be incidental to the primary use. Such
food shall be placed in covered containers or wrapping.

7.

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

8.

The sale of nonfood merchandise that is directly related to the use may be allowed
when determined to be incidental to the primary use. The display of nonfood
merchandise is prohibited.

240

UP 16-340 (Mulligans Public House)

September 14, 2016
Conditions of Approval
Page 3

9.

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.
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.

10.

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.

11.

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.

12.

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.

13.

The use shall be conducted in a manner consistent with the presentations and
statements submitted in the application and at the public hearing, and any change in
the use which would alter the findings or conditions adopted as part of this permit shall
require approval of a new Use Permit by the City.

14.

This Use Permit shall become void and in no further force or effect if the use is not
initiated within six months of the issuance of the Certificate of Occupancy from the
Building Official.

241

UP 16-340 (Mulligans Public House)

September 14, 2016
Conditions of Approval
Page 4

15.

Violations of the terms of this Use Permit or other ordinances of the City may constitute
grounds for revocation of this Use Permit and the associated business license by the
Planning Commission.

16.

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.

17.

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.

SPECIAL CONDITIONS:
18.

The proposed hours of operation are from 11:00 a.m. to 11:00 p.m. Monday through
Friday and from 9:00 am to 11:00 pm on Saturday and Sunday.

19.

The restaurant is permitted a maximum of 84 seats, including 60 seats in the interior of

the restaurant and 24 seats located in the restaurants exterior courtyard. This limit is a
maximum and may be reduced by the Building Official to meet the State Uniform
Building and Fire Codes.

*Acknowledgement and acceptance of conditions of approval.

_____________________
Applicant Signature

_________________
Printed Name

___________
Date

______________________
Property Owner Signature

_________________
Printed Name

___________
Date

242

243

Tee Box
Monterey Bay Calamari 10

Melted Brie with Apples 12

Kobe Sliders 11

Artichoke Heart Fritters 10

Crispy Chicken Sliders 10

Irish Potato Skins 9

Sesame Crusted Ahi Tuna 13

Spring Rolls 7

Roasted Garlic Hot Wings 10

Mozzarella Sticks 7

Nachos w/Chicken or Beef 12

Jalapeno Poppers 7

Irish Clam Pot 15

Taquitos 7
Dubliner Mac & Cheese 8

Alaskan King Crab Leg Platter 29

Greens
Carmel Valley Mixed Greens sml 5 lrg 7
Caesar Salad 9 with Chicken 13 or Shrimp 16
MPH Cobb Salad with Chicken 13 Shrimp 16
Romaine, Bacon, Avocado, Egg, Tomato, Blue Cheese Crumbles, Croutons

MPH Spinach Salad 13

"Luau Salad" 16
Seared Tuna, Romaine, Sweet Chili Dressing

Large Plates
All Plates include your choice of soup, salad, onion rings, fries, or mashed potatoes
With the exception of fish and chips and Shepherd's pie

Philly Cheese Steak 12

Hot Smoked Salmon Sandwich 17
Fish Tacos 14
Carne Asada Tacos 14
Salmon Tacos 16
Prawn Tacos 14
Lamb Burger 16
Served w/ Tzatziki Aioli, Red Onion, Cucumber and Feta
Mulligan's Half pound Burger 15
100% Certified Angus Beef, Comes with your Choice of 3 Toppings
Cheese, Bacon, Avocado, Jalapeno, Grilled Mushrooms, Grilled Onion
N.Y. Steak Sandwich Boz 18
Classic Rueben 14
French Dip 14
Tuna Melt 13
Fish n' Chips 14

Club Sandwich 14

RECEIVED

AUG 11 2016
City of CanneJ.. by.. the-Sea
Planning & Building Dept.

244

f\1(
Clam Chowder cup 5 bowl 8
Cream of Mushroom wl Truffle oil Soup cup 5 bowl 8

Prawn Cocktail12
Chili Dog w/French Fries 10
Prawn Pasta wl Cream Sauce 17
Cheese Ravioli wl Vodka Sauce 13
Grilled Salmon wl Lemon Dill Sauce Kale Risotto 18
Chicken Piccata wl Mashed Potatoes and Veggies 17
Fried Chicken wl Mashed Potatoes & Gravy 15

Steak Frites 22
Hanger Steak served with Garlic Fries
Prime Rib 29
Served with Twice Baked Potato and Vegetables

245

IV(

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Brophy's Benedict 12
Fried Chicken, Grilled Ham and Poached Eggs with Hollandaise
Smoked Salmon Benedict 15
Smoked Salmon, Avocado, Tomato, Onion, and Poached Eggs,
topped with Hollandaise
Chicken Fried Steak 15
Two Eggs any Style, Hash Browns, Toast w/ Country Sausage
Gravy
Breakfast Sliders 12
Grilled Sausage Patty, Fried Eggs, and Melted Cheese on a Bun
Classic Breakfast 12
Two Eggs any Style, Bacon, Sausage, Hash Browns and Toast
"EI Guapo" Skillet 12
Two Eggs served with Chef's Choice of Meat, Potatoes & Veggies
Steak & Eggs 16
Boz New York Steak, Hash Browns, 2 Eggs any style and toast
Brophy's Chicken and Waffles 14
Half Chicken with Waffles and Maple Syrup
El Nino's Breakfast Burrito 12
Chorizo, Scrambled Eggs, Cheese, and Potatoes
The Waffle 10
Belgium style waffle with Whip Cream and Seasonal Fruit
Sides
Bacon 4
Sausage 4

Toast 2
Hash Browns 2.50
Seasonal Fruit Cup 4

246

Wines by the Glass

White Wine
House Chardonnay 7
Talbott "Kali Hart" Chardonnay 10
Raymond Reserve Chardonnay 13
House Sauvignon Blanc 7
Raymond Collection Sauvignon Blanc 9
House Pinot Grigio 8
Fetzer Reisling 7
Jean Luc Colombo Rose 8
Le Grande Courtage Champagne Split 8 I Bottle 30

Red Wine
House Cabernet Sauvignon 8
Uppercut Napa Valley Cabernet Sauvignon 12
7 Deadly Zin Zinfandel 9
House Pinot Nair 8
Ta lbott "Sleepy Hollow" Pi not Nair 18
Cline Syrah 8
Rosenblum Petite Syrah 10
House Malbec 10
House Merlot 8
Cryptic Red Blend 9
If You See Kay Red Blend btl 40

Coffee Specialties
Bailey's Coffee 8
Grand Marnier Coffee 7
Irish Coffee 8
Kahlua Coffee 8
Nutty Irishman 8
Keoki Coffee 8
B 52 Coffee 12
Patron XO Cafe 10

Daniel Reimer, Rosemary Reimer, Erin Reimer

P.O. Box 4684
Carmel, CA 93921
August 30, 2016
City of Carmel-by-the-Sea
Community Planning and Building Department
Dear Catherine,
Please allow us to clarify our application for a Use Permit for a full-line restaurant in the Carmel Commercial Zoning
district.
For our business hours we are requesting an 11:00 am opening for lunch and 11:00 pm closing.
We are also requesting 9:00am opening for breakfast on Saturday and Sunday with an 11:00 pm closing.
Our plan is to accommodate after theatre or movie dining.
Substantially all food items from our menus will be available for purchase during operating hours and during all
hours of alcoholic beverage service.
In addition to wine and beer our Uquor Ucense Includes distilled liquor and we will be serving cocktails as well.
The current owners of the name Brophy's did not purchase menu Items, recipes, goodwill, etc., only the name.
The menu that they are now serving does not in any way resemble our past or proposed menu.
All customers will be provided with individual menus whether, seated at tables, the counter or in the patio.

Erin Reimer

247

Attachment D 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.

248

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GENERAL NOTES
1. THE APPROVED PLANS AND SPECIFICATIONS DO NOT PERMIT THE VIOLATION OF ANY SECTION OF
THE CALIFORNIA BUILDING CODES, THE ENERGY EFFICIENCY STANDARDS OR ANY
OTHER CURRENT APPLICABLE BUILDING CODES, AND STATE LAWS. ALL WORK SHALL BE DONE IN
ACCORDANCE WITH THE LATEST ADOPTED EDITIONS OF THE
CALIFORNIA BUILDING (CBC), MECHANICAL (CMC), ELECTRICAL (CEC), PLUMBING (CPC), AND ALSO TH E
CALIFORNIA ENERGY CODE.
2 . PRIOR TO THE COMMENCEMENT OF ANY WORK THE CONTRACTOR I BUILDER MUST ACCEPT THE
RESPONSIBILITY FOR THE COMPLIANCE OF ALL WORK TO BE ACCOMPLISHED AND ASSUME THE
RESPONSIBILITY FOR THE BUILDING'S SAFETY, INTEGRITY AND PERFORMANCE.
3. CONTRACTOR I BUILDER SHALL REVIEW THE ENTIRE SET OF PLANS WITH THE BUSINESS OWNER
PRIOR TO THE COMMENCEMENT OF WORK.

24 SEATS TOTAL
OUTSIDE

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EXISTING FIRE PIT

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6SEIITS

4. CONTRACTOR I BUILDER SHALL RECOMMEND VARIOUS MANUFACTURERS OF FIXTURES , HARDWARE

AND ANY OTHER PRODUCTS TO THE OWNER. THE BUSINESS OWNER SHALL CHOOSE THE PRODUCTS.
5. ELECTRICAL FIXTURES INSTALLED IN WET OR DAMP LOCATIONS SHALL BE GFI PROTECTED AND
HAVE A WATERPROOF RATING.
6. ROD MESQUIT DISCLAIMS MJY LIABILITY FOR INCORRECTNESS OF DESIGN, CALCULATIONS,
INFORMATION, ETC., AND WORK DONE BY OTHERS, (THIS PERTAINS TO THE ENDORSING ARCHITECT
TOO).
7. ANY WORK THAT MAY RESULT FROM THESE DRAWINGS SHALL BE THE RESPONSIBILITY OF THE
CONTRACTOR I BUILDER THAT WILL BE IN CHARGE OF THE WORK. THE CONTRACTOR I BUILDER SHALL
BE RESPONSIBLE FOR THE SAFETY, INTEGRITY AND PERFORMANCE FOR ALL WORK TO BE
ACCOMPLISHED. CONTRACTOR I BUILDER SHALL VERIFY ALL EXISTING CONDITIONS AND REPORT IN
WRITING ANY DISCREPANCIES. ANY CONSTRUCT ION ELEMENT IN QUESTION BY THE CONTRACTOR I
BUILDER TOWARDS SAFETY, EXCELLENCE, QUALITY AND INTEGRITY, SHALL BE NOTIFIED TO THE
DESIGNER (ROD MESQUIT) IN WRITING BY THE CONTRACTOR I BUILDER. THE CONTRACTOR I BUILDER
IS REQUESTED TO AGREE TO ALL THE REQUIREMENTS WRITTEN ABOVE PRIOR TO THE
COMMENCEMENT OF ANY WORK.

ADDITIONAL NOTES
1. EXISTING LIGHTING TO REMAIN. NO CHANGE
TO LIGHTING SYSTEM.
2. ELECTRICAL CONTRACTOR SHALL PROVIDE
ELECTRICAL LOAD CALCULATIONS OF EXISTING
AND FOR PROPOSED ELECTRICAL LOAD TO
EXISTING 200 AMP PANEL. MUST BE SUBMITTED
TO THE CITY of CARMEL BUILDING DEPARTMENT
PRIOR TO ANY ELECTRICAL WORK.

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3. NEW ELECTRICAL OUTLETS SHALL HAVE GFI PROTECTION

(GROUND FAULT INTERRUPTERS), 12 TOTAL.
4. ALL ELECTRICAL WORK SHALL BE IN COMPLIANCE WITH
THE CURRENT ELECTRICAL CODES.
5. PREVIOUS SEATING CAPACITY: 84
NEW SEATING CAPACITY: 84

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P.O. BOX 3464, Carmel By The Sea, CA 93921-3464

831-624-7272

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A.P.N. 010-146-012

Dolores 6 SE of Ocean

REIMER REMODEL

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The use of these plans and specifications shall be restricted to the original site (, Carmel, California. {APN 000-000-QOO) for which they were prepared and publication thereof is expressly lim~ed to such use. Reuse, reproduction, or publication by any method, in whole or in part is
prohibited. Title to the plans and specifications remains with the designer, Rod Mesquit. Without prejudice, visual contact with these plans and specifications shall constitute prima facie evidence of the acceptance of these restrictions.

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