CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report

December 5, 2017
PUBLIC HEARINGS

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Marc Wiener, Community Planning and Building Director

APPROVED BY: Chip Rerig, City Administrator

City Council review of a Use Permit (UP 17-80) application approved by the Planning
Commission to convert an existing restaurant (Carmel Coffee and Cocoa Bar) located in
SUBJECT:
the Central Commercial (CC) Zoning District from a specialty restaurant to a full-line
restaurant.

RECOMMENDATION:
Approve the Use Permit (UP 17-80) with the modifications made by the applicant and subject to the attached
findings and conditions.
BACKGROUND/SUMMARY:

Planning Commission Review: The subject business is a restaurant located within the interior of the Carmel
Plaza named Carmel Coffee and Cocoa Bar, which has operated in the City since 2006. It had come to the
Citys attention that Carmel Coffee and Cocoa Bar was in violation of its Use Permit (UP 14-18), in that it
provided a broad range of food items that are not permitted under the definition of a specialty restaurant.
Furthermore, the restaurant was in violation of CMC 17.14.040.I, which states that in specialty restaurants the
sales of soup, salads and sandwiches may be allowed in an amount up to 10 percent of sales.

In order to remedy the situation, the applicant applied for a new Use Permit (UP 17-80) to convert the use from
a specialty restaurant to a full-line restaurant. The Planning Commission approved the application for the
conversion in July of 2017. In accordance with Municipal Code requirements for a full-line restaurant, the
applicant now provides full table service and menus, accepts payment after the meal is eaten, and only accepts
counter orders for take-out items. A table numbering system is used to track orders and customers. A letter
from the applicant explaining the revised operation is included as Attachment 1.

City Council Review: On September 12, 2017, the City Council reviewed the Planning Commissions
approval of Use Permit (17-80). At that meeting the Council expressed concern that the Carmel Coffee and
Cocoa Bar, with its large counter and minimal interior seating, still has the appearance of a counter-oriented
specialty restaurant. The Council requested that the item return in 60 days with a requirement that the applicant
redesign the counter and seating layout. One Council member suggested that the applicant consider
redesigning the service counter to become a dining bar.
The applicant has responded to the Councils direction by reducing the size of the counter and increasing the
number of tables and seats in the dining area. The counter is currently 15 feet long (not including the display
cooler) and the applicant is proposing to eliminate 6 feet of the counter, which would reduce its length to 9 feet.
The applicant is also proposing to add one new 2-top table and one new 4-top table, and is also proposing
larger benches at the family table that will expand seating from 6 to 10 seats. In total, the applicant is proposing
to expand the interior seating from 22 to 32 seats. In staffs opinion, the reduction in size of the counter,
coupled with the increase in interior seating, will make the restaurant appear and operate more consistently with
the full-line restaurant standards.

The Council also expressed concern with the size and appearance of the interior photographs and wall menu,
however, the Councils motion did not include a requirement that the applicant reduce or eliminate these displays
(Attachment 2). The Citys Municipal Code limits interior signage to a maximum of 6 square feet. At the
September 2017 City Council meeting, it was noted that pursuant to CMC 17.40.030.B, the interior displays
must include the business name or be a for-sale sign to be defined as signage. Staff concluded that both the
photographs and wall menu were not defined as signage and therefore not subject to the 6-square foot size
standard. The applicant is still proposing to maintain the interior photographs and wall menu at the current
location and size. The applicant will, however, replace the words cocoa bar with hot cocoa so that the wall
menu does not bear the name of the restaurant.

Seating/Water Permit: The applicant is required to obtain a water permit from the Monterey Peninsula Water
Management District (MPWMD) in order to increase the interior seating and change the classification from
specialty to full-line restaurant. Because the classification is being changed, the applicant is also required to
register the dedicated outdoor seating with the MPWMD. The applicant has submitted a plan depicting the
tables and seats that the Carmel Plaza has dedicated to the Carmel Coffee and Cocoa Bar. The outdoor dining
area includes a total of 9 tables and 18 seats. The revised interior and exterior seating is authorized in the
conditions of approval and a separate condition has been drafted requiring that the application obtain a water
permit from MPWMD within 30 days of the City Councils decision on this Use Permit.

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 State CEQA
Guidelines. Class 3 exemptions include projects involving limited new construction projects and conversion of
small structures.
FISCAL IMPACT:
None.

PRIOR CITY COUNCIL ACTION:

On September 12, 2017, the City Council reviewed and continued this item with a requirement that the applicant
redesign the counter and seating layout.

ATTACHMENTS:

Attachment 1 - Applicant Letter

Attachment 2 - CC September Minutes
Attachment 3 - Conditions of Approval
Attachment 4 - Findings for Approval
Attachment 5 - Restaurant-Sign Codes
Attachment 6 - Plans
 Attachment 1
Carmel Coee and Cocoa Bar

City of Carmel-by-the-Sea City Council

Steve Dallas, Mayor

Carolyn Hardy, Council Member

Jan Reimers, Council Member

Bobby Richards, Council Member

Carrie Theis, Council Member

November 22, 2017

Dear City Council,

We have been here 13 years, we have created a Community that Carmel always talks about and
the kind of business the City says wants to support: an owner-operated small business, a great
place for locals to hang out and a welcome place for visitors.

Why We Have Expanded Our Menu

Carmel Coee and Cocoa Bar, Carmel Belle and Carmel Cafe are the owner-operated small
businesses in Carmel. Unlike other coeeshops owners, we do not own multiple businesses. This
is why we cannot survive on selling only coee and pastries. Our Business Is Our Livelihood.

1. Carmel Roasting Company distributes coee to local restaurants, hotels and coeeshops, has
online sales, and owns at least 7 coeeshops in the area,

2. Carmel Bakery owner owns Vesuvios, Little Napoli and Vino Napoli,

3. Carmel Coee House is a partnership, one partner owns a local restaurant and another partner
owns at least 5 shoe stores.

We are not criticizing these businesses, they are successful in their own right and through their
hard work. We just wanted to let you know this is why we need to sell more food than other
coeeshops in order to survive.

What the Carmel Coee and Cocoa Bar been Oering for the last 13 Years:

1. Great place for locals to hang out. We have many locals who regularly come every morning to
have our coee drinks where they can have conversations, play crossword puzzles, talk
coeeshop gossip and to share happy and sad times. At our wedding five years ago, 135 of
our guests were our regular coeeshop customers. And since that time we have lost James,
George, Kristine, Marylin, Frank, Erik, Bill, Ellen and another Frank and Andy Vanderford.
These folks we met through our coeeshop have not just become past and present regular
customers, they have become our good friends.

2. Local residents who like to have quick and simple lunch.

3. People who have a limited amount of time for lunch such as tour bus visitors.

4. Aordable, fast and good quality lunches for local workers.

5. Its OK for anyone to come to our restaurant and order just one sandwich to share.

6. For families with young children, we oer a place where the kids can be noisy and messy

eaters without their parents feeling uncomfortable.

 Attachment 1
Carmel Coee and Cocoa Bar

7. We are welcoming to customers who do not speak English. The City and Carmel Plaza

make a great eort to market towards foreign tourists and when they arrive, we oer

them good food, friendly service and reasonable prices so they can have a memorable

experience in Carmel.

8. We mostly employ students for the cashier positions and for some of them this is their

first work experience. We are not just giving them a paycheck for their work: we teach

them multi-tasking skills, customer service and coping skills in dealing with dicult

customers. Mira always talks with her employees about the importance of higher

education and how to be smart with money. Here is a shortened list of previous

employees who have come back regularly over the years to say Hi to Mira:

Callie: She is working on her Ph.D in Biology at Johns Hopkins

Kelly: Finished her Masters at UC Santa Cruz, and now a 5th Grade Teacher in

Palo Alto and recently had her first baby.

Olivia: Last September she transferred to USC to major in International Studies.

Brando: Is now doing his Architecture internship in the Midwest. He just visited me

this last July.

Allison: Graduated with a Masters in Education from UC Santa Barbara and is

currently teaching at Seaside High School

Josie: Just finished her MBA in Sports Medicine in North Carolina and she has

volunteered in South Africa for 3 months. Currently she is conducting her

intern work.

Changing from a Coeeshop to a Restaurant there is a process we need to follow. With the advice
of Marc Weiner, we have been following it since December 2016. In changing from a counter
restaurant service to full line service restaurant, we have changed our business operations in the
following ways:

1. Added 2 Front of House wait sta and 1 extra busboy,

2. Created breakfast and lunch menus,

3. We take orders at the tables,

4. Give checks to patrons after finishing their meals,

5. In the past, patrons bussed their own tables, now our sta cleans the tables.

We respect the Ordinances completely and we not violating any City Municipal Codes.

Sincerely,

Mira Porges Matthew Porges

 Attachment 2

required to support the transition efforts of the new City Attorney.

THIS ITEM WILL BE ISSUED UNDER SEPARATE COVER.

This item was not heard. This is actually item 10

PUBLIC HEARINGS

Item 12: De Novo Hearing

City Council review of a Use Permit (UP 17-80) application approved by the
Planning Commission to convert an existing restaurant (Carmel Coffee and
Cocoa Bar) located in the Central Commercial (CC) Zoning District from a
specialty restaurant to a full-line restaurant.

Jan recused herself be her family owns property within 500' and stepped down from the
dais

Marc provided the staff report

Bobby are sign rules different for full line and speciality

marc same rules

Mira Porges and Matthew porges bought coffee shop in 2006, three types of bus that
come to carmel1. people with money and tour guides 2. 12 people with tuor guides 3.
large tour buses once in their lifetime to come to carmel this is her carmel not speaking
english as well, very frustrated first couple of years, wanted to help them out and she
made a picture to help them out made everything easier on her and them, saved time,
worked really well, has had picture for almost 12 years, great tool for both of us, keeps
price low, very busy, carmel is a pretty town and everyone has a way to do their own
marketing, found out she has not violated any law, maybe council does not like the looks,
not violating any rule, let the council know about her signage and her clientele

Matthew porges market that they are filling

Questions from Council:

Steve when did you change menus

Mira when did you go from specialty to a full line restaurant, last time this issue came up
marc suggested they apply to be a full line restaurant, since then they have been doing
that,

Steve do you have a menu,

Mira both menus were submitted to marc

Carolyn menu looked larger when she went by there

Matthew it is 8.5 x 11
 Attachment 2

Marc has the other one in his office and went to make copies

Bobby how many seats on the interior Mira 22 how many seats outside 12 tables 3 is
four top and the rest are 2 top

Missed discussion here making copies

Public Comment

John urged alternatives two and three, this business is not designed for residents at all,
have crept in from back door

Barbara Livingston if the owners of the cocoa bar want to be a full line resturant have to
look like a full line restaurant

Jeff Baron uses the cocoa bar disappoints him that the city has not moved forward on
what the idea of a restarunt is, barbra comments are backward, moving forward, carolyns
comment on needing to see the menu, mundaka move to pescadero was this examined,
looking at menues is just a way to not accept restraunts that we dont' like, we have
brough these visitors to town with marketing, not speaking the language is really
frustrating and this restraunt serves a purpose

Kenny Spilfogel this subject will come up a lot, they think they need s large menu to
serve their clientele, they are going to increase their labor, full-line won't be able to serve
30 people off bus, largeness of the menu is not as important, specialty with an expanded
menu

--End Public Comment-

Mira doesn't want to be a full line restaraunt, but Council doesn't want counter restaturant,
if she is a specialty restraunt can only sell so much food, cannot survive just selling
coffee and pastries, would like to keep doing what she is doing now,

Carolyn requested that Marc go back in his presentation to code section 17. 14. 030 B .
Interior business signs definition. Main menu boards say Espresso and Cocoa bar which
is an identyifying mark and she would consider it signage; be we don't have a third
category, this needs to look like a full line restarunt, 28 chairs inside and at least 30 seats
outside, counter space should be reduved, finds the signage boards overwhelming and
unnecessary, menus at tables, and to go menu at the counter, planning wanted picture
wall reduced in signage, encourage them to reduce that, hard to go back to being a
specialty, redesignb interior to look full-line tbale needs to be arranged in such a way to
look full line to approve the permit, they came forward to planning for permit when it was
discovered they were out of compliance

Bobby doesn't want to use the word should, are they in compliance with the codes,
currently sounds like they are not,

Carrie right now they are full line

 Attachment 2

Bobby if they are a full line restarunt, if there is a rule about the counter, if there is a rule
about signage they should be in compliance, if there is no rule against photos, this brings
up once agin we need to look at a 3rd category, concerned about the seating, can't have
more seats outside than inside

Carrie this is a water management issue

Marc if over 50%> seating outside then water credit needed carmel plaza has this water
credit

Carolyn conditions restrooms do they have one avaialbel? are they directed to the
plaza?

Marc yes thrid floor of plaza, specialty restarunts the same

Carrie this brings up fast casual, person expanding her business and the tax base, if
someone was trying to dictacte how her lobby was set-up she would not like this, asked
glen for guidance in terms of what does the Council have the right to dictate

Glen supreme court issued a ruling that it was the defendants to solicit sales from
doorways and through interior signage; unconstitutional to dictate the signage per the
supreme court

Carrie as business owners we have to think about who our customers are, difficult to
have a coffee shop and pay rent in carmel, going to be an issue; have other exasmples
that are prominently displayed in windows and not interiors, like bobby said we need to
apply the same rules to everybody, give credit to somebody serving their customer, is it
really offensive to the ambiance of carmel? because it is a use permit, what do we need
to continue

Carolyn full line restaraunt appealed by Council, Council is deciding this tonight

Chip on a split vote the motion would fail and the planning commission motion would
stand

Carolyn would approve fulline tonight

Marc planning requested that pictures reduce the size of the pictures, then provide the
menus,

Glen the agreement of applicants does not raise to an issue of constitutionality, cannot
be required,

Steve there are way more items on those boards than on the boards, huge discrepancy,
if they dont' want to reduce it, they don't have to, still the issue of the seats, looks like
walking into mcdonalds, you could condense and still have a full line restarunt, being
operated like a counter service restaraunt, would love to give them a full line restarunts, 3
other restaurants there in carmel plaza, listening to ken spilfogel, have the opportunity to
resdegn the layout, we know how many seats are allowed be water credits, could send it
 Attachment 2

back to the planning commission, clearly this menu does not show everything on the
boasrd, would be happy to send this back to the planning commission, can have menus
with pictures and in different languages, more work needs to be done on this layout,

Bobby shouls not have assumed there would be a split vote; does see the rpoblems
where it doens't look like a full line restarunt, needs to come back in compliance with the
rules, can't just pick on them if we don't just have a rule, we have to work within the
parameteres that we have, would lkek this to comeback more clear, until council can
come up with a hybrid, but they are not there, needs to follow the rules

Carolyn agrees with bobby need to redo layout our job to interpret the code in cases of
ambiguity, empahsis should be taken off the counter, come back to the council with a
reduced coutner top and reduced display area, would be nice if they reduced the signs,
would ike to see it look less like a counter service resturamt, but we are not there, on the
table tonight is their full line restarnt

Motion Carolyn continue the item for 60 days until the applicants can come back
with a redesign of their floor space and counter space, to include the seat count,
for approval as a full-line restaurant.

2nd Dallas

Glen yes you can do this, so long as you don't interfer with a constitutional right, only
concern is that if you get into interior design it will allow any other restraunt to challenge
other restraunts interior design, be aware that once you take that position you will here
arguments from others,

Dallas they are converting

Carolyn what dictated the 22 seats

Marc requested by the applicants capacity is 38 seats

Dallas there is a lot more room in the middle of the room

Carolyn not sure a hostess station is required, could grab a menu right from the table , if
they redesign it with our direction they are getting the message that it could be a service
counter where to go orders are to be taken

Mira doens't have money for an architect

Marc currently if you are eating there they seat you and bring you a menu and then they
pay after being served the numbering is a tracking system for tables, you can use your

CArolyn this coutner top space could become a bar area with high top stools, and the
floor space could accomodate a lot more tables

Motion Carolyn continue the item for 60 days until the applicants can come back
with a redesign of their floor space and counter space, to. include the seat count,
 Attachment 2

for approval as a full-line restaurant.

2nd Dallas

Jan returned to dais.

Action: Upon a motion made by Councilmember Hardy, seconded by Mayor Dallas,

Motion, 4:0:1

AYES: COUNCILMEMBERS: Dallas, Hardy, Richards, Theis

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS: Reimers

Item 13: Introduction of an Ordinance- First Reading

Consideration of an Ordinance (First Reading) amending Municipal Code
Sections 17.08 (Residential Zoning District) and 17.68 (Use Classifications)
pertaining to accessory dwelling units in response to recently adopted state
legislation
ADU

Marc provided the staff report

Public Comment

Jeff Baron he is in faovr of this concerned that there is not more community input, hope
that this goes okay

--public comment---

Jan some of the stuiods do not require parking and can you convert a garage without a
parking space required.

Marc primary required on site parking outside of the setbacks, standalone adu don't have
to provide parking for that unit, state requirement

Carolyn motion second Bobby

Action: Upon a motion made by Councilmember Hardy, seconded by Councilmember

Richards, Motion, 5:0:0

AYES: COUNCILMEMBERS: Dallas, Hardy, Reimers, Richards, Theis

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
Attachment 2
 Attachment 3

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

CONDITIONS OF APPROVAL

UP 17-80
OWRF Carmel, LLC (Carmel Coffee and Cocoa Bar)
Southeast Corner of Ocean Avenue and Mission Street
Block: 78; Lots: All
APN: 010-086-006

PROJECT DESCRIPTION:
Consideration of a Use Permit (UP 17-80) application to convert an existing restaurant located
in the Central Commercial (CC) Zoning District from a specialty restaurant to a full-line
restaurant.

AUTHORIZATION:

1. This Use Permit (UP 17-80) approval authorizes the conversion of an existing restaurant
from a specialty restaurant to a full-line restaurant. This Use Permit (UP 17-80)
supersedes the original Use Permit (UP 14-18) for this restaurant (Carmel Coffee and
Cocoa Bar).

2. A maximum of 32 interior and 18 exterior seats are permitted. The customer seating
area must be open to patron use during all hours of operation and the use must be
managed to encourage on-premises consumption of food products.

3. The applicant shall reduce the size of the counter by 6 feet as depicted on the December
5, 2017 approved plan set.

4. The allowed days and hours of operation are from 7:00 a.m. to 6:00 p.m. Monday
through Saturday and from 8:00 a.m. to 5:00 p.m. on Sunday.

5. Customers shall be provided with individual menus while seated at a table or counter
and shall pay for the meal after eating. Beverages and take-out orders may be
purchased at the counter.

STANDARD CONDITIONS:

6. Any sale of alcoholic beverages shall be subordinate to the primary use (a full-line
restaurant).

7. The restaurant shall not operate as a Drive-in, Formula Food or Fast Food
establishment as defined in CMC Section 17.70.
UP 17-80 (Carmel Coffee)
December 5, 2017 Attachment 3
Conditions of Approval
Page 2

8. Substantially all foods from the standard menu shall be available for purchase during the
hours that alcoholic beverages are being served except for the first hour and the last
hour of each business day.

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

10. 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.

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.

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 and/or City
Council 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.
UP 17-80 (Carmel Coffee)
December 5, 2017 Attachment 3
Conditions of Approval
Page 3

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 and/or City Council.

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.

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
 Attachment 4

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

FINDINGS FOR DECISION

UP 17-80
OWRF Carmel, LLC (Carmel Coffee and Cocoa Bar)
Southeast Corner of Ocean Avenue and Mission Street (Carmel Plaza)
Block 78; Lots: All
APN: 010-086-006

CONSIDERATION:
Consideration of a Use Permit (UP 17-80) application to convert an existing restaurant located
in the Central Commercial (CC) Zoning District from a specialty restaurant to a full-line
restaurant.

FINDINGS OF FACT:

1. The project site is located on the southeast corner of Ocean and Mission in the Central
Commercial (CC) Zoning District.

2. On November 12, 2014, the applicant was approved to remodel and enlarge an existing
specialty restaurant (UP 14-18) at the subject location named Carmel Coffee and Cocoa
Bar.

3. The Carmel Coffee and Cocoa Bar is out of compliance with their use permit and the
Citys definition of a specialty restaurant and to correct this violation has submitted a
new use permit application (UP 17-80) to amend the business operation to become a
full-line restaurant.

4. 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 17-80) supersedes all previous use permits at this location.

5. The application is exempt from the requirements of the California Environmental

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

FINDINGS FOR DECISION:

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

7. The proposed use, as conditioned, will comply with all zoning standards applicable to
the use and zoning district.
UP 17-80 (Carmel Coffee and Cocoa Bar)
December 5, 2017 Attachment 4
Findings for Approval
Page 2

8. 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.

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

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

11. 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.

12. The proposed use will not generate adverse impacts affecting health, safety, or welfare
of neighboring properties or uses.
 Attachment 4 Restaurant Code Definitions
Attachment 5

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

CMC Section 17.14.040.I (Eating and Drinking Establishments) - Excerpts

1. All Eating and Drinking Establishments.

a. 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 shall be ancillary to the primary use.

b. 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.

c. 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.

3. Restaurant, Full Line.

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

b. Drive-in, formula and fast food establishments are prohibited.

c. Substantially all foods from the standard menu shall be available for purchase during
the hours that alcoholic beverages are being served.

d. 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. 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.

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

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.
UP 17-80 (Carmel Coffee and Cocoa Bar) Attachment 5
September 12, 2017
Page 2

g. Outside seating may be allowed subject to Chapter 17.58 CMC, Design Review.

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.

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.

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

k. Outdoor cooking devices are permitted on private property if designed and located to
mitigate impacts to adjacent properties.

4. Restaurant, Specialty (Coffee Shops, Ice Cream Parlor, Etc.).

a. Minimum size: 400 square feet.

b. Minimum number of customer seats on site: 14 seats. The customer seating area
must be open to patron use during all hours of operation and the use must be managed
to encourage on-premises consumption of food products.

c. Sales of soup, salads and sandwiches may be allowed in an amount up to 10 percent

of sales.

d. The sale of alcohol is prohibited.

e. Drive-in, fast food, take-out or formula establishments are prohibited.

f. The service counter must be located within the interior of the business premises and
arranged so that customers must first pass by or through the seating area to reach the
counter and patron queues will be contained within the building.

g. Outside seating may be allowed, subject to Chapter 17.58 CMC, Design Review.

h. All products sold for consumption off the premises, other than frozen desserts, must
be placed in covered containers or wrappings.

i. Cooking equipment is limited to indoor stoves and ovens.

j. Maximum number of food stores and/or restaurants located within structures fronting
on Ocean Avenue allowed: 15. See also Chapter 17.56 CMC, Restricted Commercial
Uses.
UP 17-80 (Carmel Coffee and Cocoa Bar) Attachment 5
September 12, 2017
Page 3

k. The operator of the use shall be responsible for the clean-up of all on-site and off-site
litter generated by the use including twice-daily clean-up of all sidewalks and gutters
within 50 feet of the storefront and twice-yearly steam cleaning of this area. A practical
plan for monitoring and implementing this standard shall be submitted for review with
the application for use permit, and will be adopted as a condition of approval of the use.

l. See also subsection (I)(1) of this section, All Eating and Drinking Establishments.

CMC Section 17.68.050 (Commercial Use Classifications) - Excerpts

Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food or
beverages for consumption on or off the premises.

Restaurants, Full Line. Restaurants providing a full line of prepared food and drinks using
nondisposable 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.

Restaurants, Specialty. Restaurants providing a limited range of food products for immediate
consumption on the site. These restaurants provide seating but are not required to provide
table service or menus. Specialty restaurants provide, as a primary use, two or fewer of the
following lines of foods: pastries and doughnuts, frozen desserts, candy and nuts, juices, and
coffee and tea.

17.40.030 Business Signs.

B. Types of Business Signs. There are four types of business signs that are allowed in the
commercial district:

1. An exterior wall business sign which is attached to a wall, fascia or window and only one side
of the sign is visible.

2. An exterior hanging business sign which hangs from a bracket mounted to a wall or
overhang. Both sides of the sign are typically visible to pedestrians and contain identical
designs.

3. An exterior monument business sign which is freestanding and separate from adjacent
buildings. This type of sign is typically mounted on a post or a solid base.

4. An interior business sign which is located within the interior of a business, visible from
exterior areas accessible to pedestrians, and includes the business name or an identifying
portion of the business name. Business names and logos on merchandise are not considered
signs.
UP 17-80 (Carmel Coffee and Cocoa Bar) Attachment 5
September 12, 2017
Page 4

17.40.040 Interior Signs.

1. Signs advertising general sales or closing-out sales/going-out-of-business sales shall adhere
to the standards for permitted interior signs. Interior signs advertising closing-out sales/going-
out-of-business sales may be displayed for no more than 45 days pursuant to CMC 5.20.030.
 Attachment 6
y-,---------------------------------------~------------------~v)r-----~'

IJJ II I ~ ~ Interior Seating Count:

I I (22) Existing Seats
I I Ex. Ex. Ex.
I I (4)Top (2) Top (4) Top
I I (32) Proposed Seats
Table Table Table

Ex.
Counter '
~ 3' - 6 3/4"
'
,

EX.
Dis play
DO D DO
I
Ccoler Existing Exterior Seating
Ex. Walk-In
1- - . Provided by Carmel Plaza:
Refrigerator . I
(18) Standard Seats
1- - r11 Jl
' '
I (2) ADA Compliant Seats
I I

;
I :! I
(20) Total Exterior Seats
'- \ ' : 1 9'-1" of Existing
____.;
Ex. : : / Counter to Remain
I I
l Counter c:::
'iii
E
(!)
to=====::!
~
Entry
I ......
0:::
.s Ex. 36" High I Proposed 6'-0" of Existing ~
I
----l- I

e:n .ll:!
c:::
Counter : Counter to be Removed
(")
...... ~
(1.)
:::l I I > (E) LOWER LEVEL
-~
0
0
I Existing Ex. (_)
x ll=======~
I 0(")
Restroom w PLAZA
Kitchen I
lJf l1 II
I ...
; j ......
I
I r l...__
I i ' 1 I . l

L
~
>.

I
Ex. 36"x 120" Family Table
Ex.(6)Top
J-.. f====: ~
Proposed (6) Seat Bench

~ ~
Proposed (10) Top
:====~:::::::=========:::::::::::::=::;-::::;-------1 (2) Ex. (3) Seat Benches to be Relocated
I I
I II -~-+IHI-t~----
~-~L-~--=-~~~~I:l~~-ffi~--~----- p~~~~~~B~~
Ex.
I Lcountey

~ ~
I H
I .,
I ~ Ex. Display Table to be used for Proposed

I
I ....
II

ll
x
w
~
;:: Proposed .
DOD Ex. Ex.
~~
1
(2) Top
!!2!!

LJ r----
:
1

~
:
~
~ (2) Top Dining Table
-
RECEIVED
I I I
' Location of (4T)aTbolep (2T)aTbolep I I ~
I
I
I
I
-
rr===- L0,--=::;::1=--=---r=---=, New (41 Top Table
I'-
NOV 2 7 2017
I I
I
I
f Ex. 34" HiQhllf-------==========-,1___::=========-----=====J I
I 1 I
I I
. Creamer Station ""'- .., ~ : ' NORTH
. .
! I'
""' ~ 11: ~
41'-1" ~ ~
1 -------------"'"'<;:-"'--...---------------,--~ Ex. Dimising Wall
-+-,[.,_ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _0_ _1_ I II L-LI ---'---'------'11 IIIIIII
vera ""'- (2) Relocated (3) Seat Benches
~ Proposed Floor Plan 0' 21 41 81
~ 1/4" = 11-0 11

No. Description Date

Proposed Floor Plan
CARMEL COFFEE AND
MATTHEW EVAN PORGES DESIGNER
COCOA BAR Project number 2017-1
831.238.7979
matthewevanporges@gmail. com CARMEL PLAZA
Date
Drawn by
November 22, 2017
MP
A.2
Checked by MP Scale 1/4" = 1'-0"
 Attachment 6

RECEIVED

NOV 2 7 2017
City of Canne~-b>"-1~1e-Sca
.- ,' Planning & Bmldmg 'J'~fJl

r
. I
I;

(2) Table Umbrellas

(18) Standard Seats RECEIVED

and (9) Tables
NOV 2 7 2017
- - ---a ---- - --- - ~ City of Carme~-by-the-Sea
Planning & Butldmg Dept.
(2) ADA Seats and
(1) Table 00 1-- .<EY MAP

0 !'
I

L.- D
--- ---- - - - 0 !
t,.. ....

lt --~- ------'
Suite 122 ',A:;;

Carmel Coffee
and
0 .ii:"'
Cocoa Bar

Note:
Site Furnishings Plan This Site Plan was used with Permission
Recycle I Trash ) "'_;,] from The Carmel Plaza Owners
N.T.S. I
Receptacle
<O North

No. Description Date

Carmel Plaza Courtyard Plan
CARMEL COFFEE AND
MATTHEW EVAN PORGES DESIGNER
COCOA BAR Project number 2017-1
831.238.7979
matthewevanporges@gmail.com CARMEL PLAZA
Date
Drawn by
November 22, 2017
MP
A.1
Checked by MP Scale 1" =20'-0"