Carmel Event Center 08-06-13

8/22/2019 Carmel Event Center 08-06-13

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City CouncilAgenda Item Summary

Meeting Date: 6 August 2013Prepared by: Marc Wiener, Senior Planner

Narne: Consideration of a use permit application; water allocation resolution; and certification ofan initial study/negative declaration for the establishment of an event center at a sitelocated in the Service Commercial (SC) District.Description:

The project site is a 16,000 square foot commercial property that is developed withtwo buildings totaling 5,357 square feet. The applicant is proposing to use the existingbuildings on the site as an event center to provide a venue for special events, such asmeetings, conferences, wedding receptions, cooking demonstrations, hands-on classes,retail shows, etc. A valet service is proposed to park cars at the Carmel Plaza garage andthe Sunset Center parking lot. The project will require certification of the InitialStudy/Negative Declaration and the approval of a use permit to allow for off-site parking.The project will also require the adoption of a water allocation resolution to transfer Citywater into the "Commercial Category" to be used for this project.

Overall Cost: City Funds: N/AGrant Funds: N/AStaff Recommendation:

With the attached findings and conditions: 1) Approve the use permit application to allowfor off-site parking 2); Adopt a resolution to certify the Initial Study/NegativeDeclaration; 3) Adopt a resolution to pre-commit the water in the "Commercial" landuse category to the Event Center Project.Important Considerations:

An Initial Study (IS) was prepared by RBF Consulting. Based onthe IS the consultant and staff determined that the project would not cause a significanteffect on the environment and prepared a Negative Declaration (ND).

Decision Record:Planning Commission reviewed the project on 9 January 2013 and was supportive of theproposed use of the site and request for off-site parking. On 4 June 2013 the City Councildetermined that the applicant is equitably entitled to water that was previously donated tothe City to use for the Plaza Del Mar project.

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Attachments: Staff Report with Conditions and Findings Attachment "A" - Resolution with findings Attachment "B"- Initial Study/Negative Declaration Attachment "C" - Correspondence

Reviewed by:

Administrator Date

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CITY OF CARMEL-BY-THE-SEASTAFF REPORT

TO: MAYORBURNETI AND MEMBERS OF THE CITY COUNCILFROM: MARC WIENER, SENIOR L ~ ~ RTHROUGH: JASON STILWELL, CITY ADMINISTRATORDATE: 6 AUGUST 2013SUBJECT: CONSIDERATION OF A USE PERMIT APPLICATION, WATERALLOCATION RESOLUTION AND CERTIFICATION OF AN INITIALSTUDY NEGATIVE DECLARATION FOR THE ESTABLISHMENT OFAN EVENT CENTER AT A SITE LOCATED IN THE SERVICECOMMERCIAL (SC) DISTRICT.

BACKGROUNDThe project site is a 16,000 square foot property located at the southeast comer ofDolores Street and Seventh Avenue. The site is developed with two commercialbuildings totaling 5,357 square feet and a parking lot containing 15 angled parkingspaces. The buildings were designed by Walter Burde in 1971 and have historically beenused as a bank and for retail purposes.The City spent several years reviewing a proposal for an 18,000 square foot mixed usebuilding with underground parking at the subject property named Plaza Del Mar. Theproject was denied by the City in November 2009 for reasons primarily related to thepreservation of the existing structure. The building has been vacant for the past severalyears.PROJECT DESCRIPTIONThe applicant is proposing to use the existing buildings on the site as an event center toprovide a venue for special events. The project is named the Carmel Event Center.Activities would likely include meetings, conferences, wedding receptions, cookingdemonstrations, hands-on classes, retail shows, etc. The maximum allowable occupancyfor any event would be 194 people. The proposed hours ofoperation are from 8:00a.m.to 10:00 p.m. An Initial Study/Negative Declaration (!SIND) was prepared for theproject (Attachment "A") by RBF Consulting.


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Carmel Event Center UP 12-206 August 2013StaffReportPage 5As a separate attachment (Attachment "D") staff has provided a section from CMC17.38.30 which states the "parking requirements may be fulfilled by supplying therequired parking on another site upon approval of a use permit" and "the land arearequired to provide such parking shall be legally committed for the full life of thestructure. " In order to obtain a use permit the applicant must demonstrate one of thefollowing five conditions:

1. The property owners of two or more adjacent properties have proposed acombined development plan to provide the required parking for their properties,in accordance with the parking standards established in this chapter, on part ofthe several sites involved.2. The project site for which the parking requirement applies is 5, 000 square feet orless in size and has less than 50 feet ofstreet frontage.3. The construction ofrequired driveway(s) for on-site parking would result in theexcessive loss ofcurb parking on street.4. The topography, size, shape or peculiar conditions of the site or the existingdevelopment on the site would make the provision ofon-site parking impractical.5. The site for which parking is required is located within the central commercial(CC) land use district where on-site parking is prohibited.

Of the five conditions the only one that could potentially qualify the property is condition#4. In this case the "peculiar condition" with the existing development could be that thebuilding is oversized in relation to the parking lot. For example, even a retail use wouldhave an occupancy of 97 individuals, which significantly exceeds the parking demandthat could be met by the 15 parking spaces currently on the lot.

The Planning Commission determined that condition #4 could be applied to this propertyand recommended that the City Council approve the use permit. Pursuant to CMCSection 17.38.020, a special condition has been included requiring the off-site parking tobe committed for the full life of the structure.With regards to off-site parking General Plan (Objective 02-4) states that the City should"recognize that it is not practical to provide sufficient parking that meets total demand atevery location; but that it is desirable to provide, where practical, alternate parkingwhere it could be removed from public view and in a scale appropriate to Carmel. "


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Cannel Event Center UP 12-206 August 2013StaffReportPage 8On 4 June 2013 the City Council reviewed the matter and determined that the applicantwas equitably entitled to the water. The primary reason for the decision was thatapplicant of the Event Center project was one of the applicants involved in the Plaza DelMar Project. When the project was denied the City requested that the applicant returnwith a project that would be an adaptive re-use of the building as opposed to demolishingit. The applicant followed the City's direction for the treatment of the property and theEvent Center project is considered a derivative of the Plaza Del Mar Project. Staff hasprepared findings for adoption to reflect the determinations made at the June 4th meeting.As a separate item staffhas prepared a resolution to transfer.6840 acre-feet ofwater fromthe "Spinning Wheel" and "Le Towt" categories into the "Commercial" land usecategory. A second resolution has been provided to pre-commit the .6840 acre-feet ofwater in the "Commercial" category to the Event Center Project. A special condition hasbeen added that any remaining water not needed for the project shall be placed in thecategory entitled "Unallocated Reserve".SUMMARYWhen the Planning Commission reviewed the project on 9 January 2013 several Carmelresidents and business owners appeared to speak in support of the project. The generalsentiment was that the project would be a good use for the building and could potentiallybenefit local businesses.With regards to the business district, two applicable sections of he General Plan areObjective 01-3, which states to "Preserve the economic integrity of he community andmaintain an economic philosophy toward commercial activity ensuring compatibilitywith the goals andobjectives of he General Plan ." Policy P1-11 encourages "unique,quality commercial uses that serve the intellectual, social, material, and day-to-day needso fboth the local community and visitors. " The proposed project meets these goals.RECOMMENDATIONWith the attached findings and conditions: 1) Approve the use permit application to allowfor off-site parking 2); Adopt a resolution to certify the Initial Study/NegativeDeclaration; 3) Adopt a resolution to pre-commit the water in the '"Commercial" landuse category to the Event Center Project.


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Carmel Event Center UP 12-206 August 2013StaffReportPage 9

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

UP 12-20Carmel Event CenterCPines 7 LLCSECor. Dolores & 7thBlock 91, Lots 2, 4, 6 & 8CONSIDERATION:

FINDINGS FOR DECISION

Consideration ofFindings and Conditions for the approval ofa Use Permit applicationand certification ofa Negative Declaration for the Carmel Event Center Project.FINDINGS OF FACT:1. This site is a 16,000 sf. site comprised of lots 2, 4, 6 & 8 ofBlock 91 in theService Commercial (SC) District ofCarmel-by-the-Sea.2. The site is developed with two commercial buildings totaling 5,357 square feetand a parking lot containing 15 angled parking spaces. The 612 square foot upperlevel will be demolished as part of he project approval.3. The property owner submitted an application to establish an event center at the siteon 16 November 2013. The project will require the approval of a use permitapplication to allow for additional off-site parking.4. The Planning Commission reviewed project proposal on 9 January 20 13 toprovide recommendations to the City Council.5. The proposed use is categorized as Group II by the Monterey Peninsula WaterManagement District and will require 0.8860 acre-feet ofwater. The site currentlycontains 0.3750 acre-feet ofwater and requires an additional 0.5110 acre-feet fromthe City's water allocation. A resolution has been prepared for adoption by theCity Council.6. The City circulated an Initial Study (IS)/Negative Declaration(ND) for the projectin accordance with the California Environmental Quality Act (CEQA) from 11March 2013 through 1 April2013. No comments were received.


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Carmel Event Center UP 12-206 August 2013Staff ReportPage 10FINDINGS FOR DECISION:1. Allowing the proposed use is consistent with the City' s goal of achieving andmaintaining a balanced mix of uses that serve the needs of both local and nonlocal populations.2. The proposed use will provide adequate ingress and egress to and from theproposed location.3. The capacity of surrounding streets is adequate to serve the automobile anddelivery truck traffic generated by the proposed use as evaluated in the IS/ND.4. The proposed use is not in conflict with the General Plan.5. The proposed use will comply with all zoning standards applicable to the use andzoning district.6. 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 be in conflictwith the General Plan.7. 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.8. The proposed use will not be injurious to public health, sa fety or welfare.9. The proposed use will be compatible with surrounding land uses and will notconflict with the purpose established for the district within which it will belocated.10. The proposed use will not generate adverse impacts affecting health, safety, orwelfare ofneighboring properties or uses.ENVIRONMENTAL FINDINGS:1. Pursuant to the provisions of he California Environmental Quality Act, and basedon the findings of the Initial Study, the City ofCarmel-by-the-Sea has determinedthat the project will not have a significant effect on the environment.2. With the use of he Carmel Plaza garage and SWlset Center parking lots the Initial

Study/Negative Declaration determined that the project will have a "less thansignificant" impact on parking and traffic.


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Carmel Event Center UP 12-206 August 2013Staff ReportPage 113. Minor amendments have been made to the Initial Study/Negative Declaration toreflect circumstances around the water demand for project which changed duringthe review process.SPECIAL CONDITIONS:1. This Use Permit (UP 12-20) authorizes an event center at the subject property withadditional off-site parking provided by the Carmel Plaza garage and Sunset Centerparking lot to be used for special events. Pursuant to CMC Section 17.38.020, theoff-site parking identified in the I SIND shall be committed for the full life of theuse. Any change to the terms of his condition shall be cause for the amendmentand/or possible revocation of he Use Permit.2. The applicant shall obtain a business license and certificate of occupancy for thebuilding. Maximum occupancy shall not exceed the standards in the StateUniform Building and Fire Codes. The maximum occupancy identified in the

staffreport (194) is a maximum and may be reduced by the Building Official asneeded to meet safety standards depending on the floor plan and layout.3. I f he Event Center project is not implemented the pre-committed water will returnto the Affordable Housing Category. Any water not needed for the Event Center

project shall be reallocated into the ''Unallocated Reserve" category.5. Hours of operation shall be limited from 8:00a.m. to 10:00 p.m. seven days perweek. Live music is not permitted without a permit. Recorded or reproducedmusic shall not exceed 55 db-A as measured at the property l ine (CMC 9.16.040).Complaints ofexcessive noise, lighting and other nuisances from the propertyshall be cause for review of he permit.6. Retail events including the sale of ewelry, art, antiques and arts and crafts asdefmed by CMC 17.68 are prohibited. Business proprietors renting the space for aspecial event shall submit an "In-And-About" business license application to theCity prior to the event.7. The applicant shall make a schedule of events available to the City upon request.The City reserves the right to determine whether the scheduled events areconsistent with the permitted use of he property and consistent with the zoningcode.8. The applicant shall work with the Carmel Police Department to provide traffic

coordinators for special events. Only trained and qualified law enforcementpersonnel shall be used for directing traffic. Any law enforcement or specially


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Carmel Event Center UP 12-206 August 2013Staff ReportPage 12trained personnel not employed by the City ofCarmel shall receive approval bythe Carmel Police Department prior to directing any vehicle traffic on Carmel Citystreets.

9. If the use creates a significant parking and traffic impact to the surroundingneighborhood, as determined by the City, the Use Permit shall be reviewed by theCity Council to address the impact. Amendments may include, but are not limitedto, reducing the building occupancy, reducing number of allowed events oramending the parking plan.10. 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 changein the use which would alter the findings or conditions adopted as part of thispermit shall require approval of a new use permit by the Planning Commission.11. This use permit shall become void and no further force or effect if the use is notinitiated within six months and/or upon termination or discontinuance of the usefor any period of ime exceeding six months.12 . 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 businesslicense by the Planning Commission.13 . All modifications made to the exterior of he building, including but not limited topaint, window treatments, awnings, paving and landscaping, shall first requirewritten approval by the Department of Community Planning and Building. Nonotice-attracting features, such as banners, balloons, streamers, lights, additionalsigns, or flags shall be installed without written approval from the City .14. Adequate facilities shall be provided on the site for the closed storage of trash andgarbage generated by the use. The on-site storage shall be designed so that thearea can be cleaned and the refuse removed without creating a public nuisance andwithout being placed on the sidewalks or other public ways. If the method ofcooking used will generate hot ashes, a storage facility and disposal method shallfirst be approved by the Fire Department.15 . At least one restroom shall be available for use by both sexes within, orconveniently adjacent to, the specific business premises and on the same propertyon 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


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Carmel Event Center UP 12-206 August 2013Staff ReportPage 13accessibility standards, and shall be available for use by both the employees andpatrons of he business.

16. A summary sheet of basic Use Permit requirements (allowed a y s ~ allowed hours,special mitigations) shall be posted on the premises or shall be available uponrequest by any enforcement officer of the City.17 . The applicant agrees, at its sole expense, to defend, i n d e m n i f y and hold hannlessthe City, its public officials, officers, employees, and assigns, from any liability;and shall reimburse the City for any expense incurred, resulting from , or inconnection 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 shallcooperate fully in the defense. The City may, at its sole discretion, participate inany such legal action, but participation shall not relieve the applicant of anyobligation under this condition. Should any party bring any legal action inconnection with this project, the Superior Court of the County of Monterey,California, shall be the situs and have jurisdiction for the resolution of all suchactions by the parties hereto.


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CITY OF CARMEL-BY-THE-SEACITY COUNCIL

RESOLUTION NO. 2013-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA:

a) ADOPTING FINDINGS REGARDING EQUITABLE RIGHT TO TRANSFERREDWATER CREDITS; b) PRE-COMMITING WATER TO THE PROPOSED EVENT CENTERPROJECT; c) ADOPTING AN INITIAL STUDY NEGATIVE DECLARATION FOR THEPROPOSED CARMEL EVENT CENTER PROJECT.

WHEREAS, In 2000 the City received an application for a mixed-use project named Plaza DelMar at the south east comer of Dolores Street and Seventh Avenue; and

WHEREAS, water was transferred to Carmel's water allocation from Mr. Z. J. LeTowt (.350acre-feet) and Mr. Dennis LeVett, aka "Spinning Wheel", (.334 acre-feet) to be used for the Plaza DelMar project; and

WHEREAS, on 17 September 2009 the Planning Commission of he City of Carmel-by-the-Seadenied all permits for the Plaza De l Mar Project; andWHEREAS, the decision of he Planning Commission was appealed to the City Council and the

denial was upheld on 3 November 2009 with a recommendation that the project applicant return with anadaptive re-use of he building; andWHEREAS, on 16 November 2012 one of he original project applicants from the Plaza Del Marproject submitted an application for a new project at the subject location named the Carmel Event Center;

andWHEREAS, the City required preparation of an Initial Study (IS) and Negative Declaration (ND)

for the project; andWHEREAS, the IS/ND has been completed in compliance with the California EnvironmentalQuality Act; and

WHEREAS, the IS/ND determined tha t the Carmel Event Center project will not create asignificant impact to the environment; andWHEREAS, the City Council has reviewed and considered the information contained in theEnvironmental Impact Report prior to approving the project and has applied its understanding of hisinformation when considering development permits for the project; andWHEREAS, the project site has .375 acre-feet ofwater and will require an additional.551 acrefeet of water, which the project applicant has requested be provided from the water that was donated tothe City for the Plaza Del Mar project; and

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WHEREAS, on 4 June 2013 the City Council determined that the applicant was equitably entitledto water (.6840 acre feet) previously intended to be used at the site for the Plaza Del Mar project anddirected staff o return with a resolution and findings to pre-commit the wate r to the Event Center project;and

WHEREAS, pursuant to the City's Water Management Program on 10 July 2013 the PlanningCommission reviewed the water allocation and recommended that the Spinning Wheel and Le Towt waterbe transferred to the Commercial Category; and

WHEREAS, on 6 August 2013 the City Council adop ted a resolution placing .6840 acre-feet ofwater from the "Spinning Wheel" category and from the previously unallocated "Le Towt" water credittransfer to the Commercial category; and

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITYOF CARMEL-BY-THE-SEA DOES:

1. Certify the Initial Study and Negative Declaration for the Carmel Event Cente r

2.Project.

Adopt the attached findings (exhibi t "A") for the equitable entitlement of waterproject applicant.

to the3. Pre-commit to the Carmel Event Center Project6840 acre-feet of water from the "Commercial

Category" of he City's water allocation. Any remaining water not needed for theprojec t shall be placed in the "Unal located Reserve" category.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA this 6 day of August 2013 by the following roll call vote:

AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

SIGNED:Jason Burnett, MAYOR

ATTEST:

Heidi Burch, City Clerk

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Exhibit "A"Index of Documents Cited in Findings

1. All documents, plans, reports and correspondence contained in File No . UP 12-20 inthe City of Carmel-By-The Sea Community Planning and Building Department ("theApplication File").2. Staff Report for January 9, 2012 Planning Commission consideration of a PreliminaryConcept Review for the establishment of an event center at a site located in the ServiceCommercial (SC) District ("the Project").3. Initial Study/Negative Declaration - Carmel Event Center (RBF Consulting, March2013) ("ISIMND").4. Legal opinion letter from Brian Finegan to Mark Wiener, March 20, 2013 re: Events

Center Project- Water Allocation ("the Legal Opinion").5. Staf f Report for June 4, 2013 City Council consideration of he water allocation forthe Project (including all attachments and exhibits) ("the StaffReport").6. City ofCarmel-by the-Sea City Council Resolution No. 00-84, passed and adopted

June 6, 2000 ("Resolution No. 00-84").7. Letter from Rich Guillen, City Manager, to Monterey Peninsula Water Management

District dated November 18, 2002 regarding LeVett transfer ("the Guillen Letter.")8. Application for Water Credit Transfer (Spinning Wheel Transfer, March 19, 2001)("the Spinning Wheel Application.")9. Monterey Peninsula Water Management District StaffReport on Spinning Wheel

transfer (April21, 2003) ("the MPWMD Staff Report.")10. All documents and other items and materials related to the Project parcel and theproject, in all Ci ty files.11. City of Carmel-by-the-Sea Water Management Ordinance (Ordinance (Ordinances2004-1 and 2004-2, Sections 17.50 .010 through 1 7-50-040 CMC) ("the Water ManagementOrdinance").12. City of Carmel-by-the-Sea 2006 Water Allocation Resolution (Updated 2/25/ 13)("the Water Allocation Resolution").13. Water History for South East Corner ofDolores Street and Seventh Avenue Site(Applicant's submittal, undated) ("Applicant's Water History"), including letter from DennyLeVett to Mayor Jason Burnett dated April15, 2013 ("the LeVett Letter".14. Applicant's Evidence Packet, consisting of:

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a) StaffReport- Carmel Center Project (DR 99-15 Tomlinson, June 6, 2000)("Carmel Center Staff Report"b) Page 3.9-3 from Plaza del Mar Mixed Use Project Draft EIR.c) Copy ofResolution No. 00-84 (June 6, 2000).d) Letter from Ron Motta to Monterey Peninsula Water Management District(March 16, 2001) ("the Motta Letter").e) Letter from Gabriela Ayala (Monterey Peninsula Water Management District)to Mr. Z. J. LeTowt (December 16, 2002) ("the Ayala/LeTowt Letter").f) Letter from Gabriela Ayala (Monterey Peninsula Water Management District)to Mr. Dennis LeVett (August 22, 2005) (''the Ayala/LeVett Letter").g) 2006 Water Allocation (Amended)h) Exhibit "A"- Total Available Water Resources (March 7, 2006).

15. Letter from Zigmont J. LeTowt III to Mayor Jason Burnett dated April 17, 2013.("the LeTowt Letter").16. Letter from Anthony L. Lombardo to Marc Wiener dated June 4, 2013 regarding newevidence pertaining to the LeTowt water transfer (''the Lombardo Letter").17. E-mail message from Gabriela Ayala, Conservation Representative, MontereyPeninsula Water Management District, to Marc Wiener confirming the addition of0.35 acre feetof water from the LeTowt water transfer to the City's total water allocation ("the Ayala E-mail").18. All evidence, both oral and written, including the oral testimony ofAnthonyLombardo and JeffPeterson, presented at the City Council public hearing on June 4, 2013.

FINDINGS AND PROJECT DECISIONS1. FINDING: The Project requires 0.886 acre feet of water per year ("afy").

a. Evidence: Monterey Peninsula Water Management District determinationthat the use is categorized as a Group II use (0.0002 afy/sf); S taf f Report.2. FINDING: The City's Water Management Ordinance provides that no change inland use shall be allowed through any permit or license that could result in a netincrease in water use unless such change has been approved in accordance with allapplicable provisions of he water management program.

a. Evidence: Section 17.50.040 CMC.3. FINDING: The City's Water Management Ordinance provides further that if aproject would require more water from a land use category than currently remains,after considering the original allocat ion minus all existing pre-commitments anddedications, the application shall be returned to the applicant and shall not beprocessed or shall be denied.

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a. Evidence: Sect ion 17.50.040.A.4 CMC.4. FINDING: The Project would require water from the Commercial land use categorywhich currently has a zero balance remaining after considering the original allocationminus all existing pre-commitments and dedications.5.

a. Evidence: The Water Allocation Resolution.b. Evidence: The StaffReport.c. Evidence: The Legal Opinion.d. Evidence: Testimony of staff at the June 4, 2013 public hearing.

6. FINDING: The Project site has a water credit of0.3750 afy based on the prior use ofthe site and the existing floor area of he building.a. Evidence: Staf f Report, p. 2.b. Evidence: Legal Opinion, p. X.c. Evidence: Applicant' s Water History.d. Evidence: Testimony at the June 4 public hearing.

7. FINDING: The Project requires approximately 0.511 afy of additional water overand above the prior use credit.a. Evidence: StaffReport, p. 2b. Evidence: Testimony a t the June 4 public hearing.

8. FINDING: The Water Allocation Resolution includes Category #8: Spinning Wheel,containing .334 afy ofwater remaining from the 0.56 afy ofwater that came from theSpinning Wheel Restaurant.a. Evidence: The Water Allocation Resolution.b. Evidence: Applicant's Evidence Packet.

9. FINDING. The Monterey Peninsula Water Management District has confirmed thatthe City has an updated total of 3.320 acre feet of water available, reflecting a newcredit of0.35 acre feet from the LeTowt transfer.

a. Evidence: The Ayala E-mail.10. FINDING: Neither the Project nor the Project site has a legal right to water creditsfrom the Spinning Wheel (LeVett) transfer or the LeTowt transfer.

a. Evidence: Legal Opinion, p. 411. FINDING: Notwithstanding that neither the Project nor the Project site has a legalright to water credits from the Spinning Wheel (LeVett) transfer or the LeTowttransfer, and based expressly on the premise that the current Event Center project is a

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derivative or continuance of the prior Plaza Del Mar project, the City Council findsthat the Applicant has an equitable right to the use of sufficient water credits from theSpinning Wheel (LeVett) transfer and the LeTowt transfer to serve the needs of heProject (0.551 afy), and that the.a. Evidence: Testimony of Jeff Peterson that he was a partner in the Plaza Del

Mar project and paid the cost ofobtaining the water transfers from LeVett andLeTowt,b. Evidence: Testimony of Jeff Peterson that he attended all of the publichearings on the Plaza Del Mar project and heard the City Council direct thatthe owners should come back with another project on the site that preservedthe historic character of he existing building.c. Evidence: Testimony of JeffPeterson that he never heard and did notunderstand that the transferred water credits would not be available for arevised project on the site.d. Evidence: Testimony of Jeff Peterson that i n reliance on his experience withthe Plaza Del Mar project as set forth above, he bought ou t the other partnersand now owns the project site.e. Evidence: Testimony ofJeff Peterson that he has submitted the applicationfor the Event Center project, and paid the costs thereof, in the good faithbelieve that he was responding to the prior City Council's request for arevised project on the site.

12. FINDING: Under the unique circumstances of his case, and without acknowledgingthat the City misled the applicant in any way regarding the availability of he watertransfer credits, the City Council finds that the failure of he City to acknowledge theapplicant's equitable right to the wate r transfer credits would work a fundamentalinjustice, and that t he four elements criteria for establishing this equitable right havebeen satisfied.a. Evidence: Finding No. 11 above, and the evidence cited therefor.b. Evidence: Legal Opinion and testimony ofBrian Finegan at the June 4, 2013public hearing.

13. FINDING: The equitable right acknowledged by this action extends only to so muchof the Spinning Wheel and LeTowt water transfer credits as may be necessary for theEvent Center project, and no more.

a. Evidence; Testimony of Jeff Peterson at the public hearing of June 4, 2013,that he waived any claim in excess of hat required for his Event Centerproject.

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Attachment "B "

Prepared or

March 2013

Initial Study I Negative DeclarationCarmel Event Center

Preparedby

t : I JNBULT INGAIJII!2"""""rw


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Table of Contents

Table ofContents

Notice of Availability I Notice of IntentNegative DeclarationInitial Study

List of FjguresFigure 1: Site VicinityFigure 2: Aerial of Project SiteFigure 3: Proposed Project Floor PlanFigure 4: Proposed Valet Parking PlanFigure 5: Valet Parking Access Routes and Parking LocationsFigure 6: General Plan Land Use DesignationsFigure 7: Zoning DesignationsFigure 8: Photos ofProposed Project Site

List of TablesTable 1 Proposed Project Valet StaffingTable 2: Proposed Project Water Supply and Demand EstimateTable 3: Estimated Project Parking Demand & SupplyTable 4: City of Carmel Water AllocationAppendicesA Traffic and Parking Study for the Proposed Carmel Event Center (Hatch MottMacDonald)B Carmel Event Center Water Use Study (Axiom Engineers)C City ofCarmel20 06 Water Allocation (Updated 2/25/13)

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COMM UNI T Y P LANNIN G & BU ILDING 11


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Z I Cl'l'Y OF CARM EL


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Notice ofAvailability

NOTICE OF A V I J ~ A B I L I T Y INOTICE OF INTENT

COMMUNITY PLANNING & BUILDING 13


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Cannel .EventCenter

4 1 l: ITY O f CI\RMI!l


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City of Carmel b y - t h ~ S e aCommunity Planning & BuildingP.O. Drawer G

C a r m e l - b y - t b ~ S e a , California 93921

Notice ofAvailability

Phone: (831) 620-2010 Fax: (831) 620-2014

March 8, 2013

NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATIONNOTICE IS HEREBY GIVEN that the City of Cannel-by-the-Sea has prepared aproposed Negative Declaration, pursuant to the requirements of CEQA, for the proposedCarmel Event Center. The project site is located on the east side ofDolores Streetbetween Seven and Eighth Avenues in the City ofCarmel-by-the Sea, Monterey County,California (Block 91, Lots 2, 4, 6, and 8; APN 010-145-020-000).The proposed Negative Declaration, Initial Study and reference documents are availablefor review at the Community Planning and Building Department at the Carmel-by-theSea City Hall, located on the east side ofMonte Verde Street between Ocean Avenue andSeventh Avenue and on the Ci ty's website at www.ci.cannel.ca.us (click on Government,then Staff/Departments, then Community Planning & Building, then Projects).An additional copy for public review is available at the Harrison Memorial Library(northeast corner ofOcean Avenue and Lincoln Street) and copies are available forpurchase at Copies-by-the-Sea (northwest corner ofDolores Street and Fif th A venue).The City Council will review this projecton April 2, 2013. In accordance with timelimits mandated by State law (CEQA Guidelines Section 15073[a]) , written comments onthis Negative Declaration and the Initial Study wi11 be accepted (for 20 days) from March8, 2013 through 5:00p.m. on March 27, 2013.

Project DescriptionThe proposed project is the conversion of an existing, vacant, retail bank building into anevent center that would provide a venue for special events throughout the year. Activitieswould include meetings, conferences, wedding receptions, cooking demonstrations, handon classes, retail shows, etc. The project site is currently developed with two buildingstotaling 5,357 square feet (s f.). Following refurbishment of he interior, the final projectwill accommodate 3,888 sf. ofoccupied space.The project site is 16,000 sf. and currently contains 15 angled parking spaces. To provideadditional on-si te parking capacity, the surface parking lot will be modified and

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reconfigured to accommodate 30 perpendicular parking spaces for the valet service, avehicle drop-off/pickup space for valet parking, and a valet waiting area with benchesand chairs, and accommodation for two ADA access ible valet parking spaces.Reconfiguration of he parking lot will require minor modification to the existing curbs(from a "zigzag" pattern to a straight curb) and resurfacing of he parking lot.All events will be valet parked by National Parking & Valet (NP& V). While somevehicle may remain on site under special circumstances, most vehicles will be valetparked at either the Carmel Plaza garage or the surface lot at the northwest comer of heSunset Center.The proposed project has an estimated water supply of 1.059 AFY and would generate awater demand of0 .8860 AFY, based on the use being categorized as Group II, resultingin a net surplus of 0.1730 AFY . This estimated water supply assumes the proposedproject receives the necessary water allocations (namely, the Jody LeTowt allocation andthe Spinning Wheel restaurant allocation) from the City of Carmel.Submit Comments to:Mr . Marc WienerAssociate PlannerCommunity Planning and BuildingCity of Carmel-by-the-SeaP.O. Drawer G, Carmel-by-the-SeaEls Monte Verde St. between Ocean and 7th AvenuesCarmel-by-the-Sea, California 93921(831) [email protected]

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For reviewing agencies: The City of Carmel-by-the-Searequests that you review theenclosed materials and provide any appropriate comments related to your agency's area ofresponsibility. The space below may be used to indicate that your agency has nocomments or to state brief comments.Distribution: (see below)

No Comment s providedComments noted belowComments provided in separate letter

C O ~ E N T S : __________________________________________ __

Return to:Mr. Marc WienerSenior PlannerCommunit y Planning and BuildingCity ofCarmel-by-the-SeaP.O. Drawer GCarmel-by-the-Sea, California 93921From:Agency Name:Contact Person:Phone Number:

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Cannel Event CenterAGENCY/ORGANIZATION DISTRIBUTION1. Monterey County Clerk 's Office2. Association ofMonterey Bay Area Governments3. Transportation Agency for Monterey County4. Monterey Bay Unified Air Pollution Control District5. Monterey Peninsula Water Management District6. Monterey County Environmental Health Department7. Regional Water Quality Control Board8. Monterey County Planning Department9. City of Pacific Grove10. City ofMonterey11. California Coastal Commission12. Cannel Residents Association

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Negative DeclarationLead Agency Name and AddressCity ofCannel by-the-SeaP.O.BoxGE/s Monte Verde bet. Ocean and 7thCarmel, CA 93921Contact Person and Phone NumberMr. Marc WienerSenior PlannerCityofCannel-by-the-Sea831.620.2010sconroy@ci.cannel.ca.usProject SponsorMr. Jeffiey Petersonc/o Anthony Lombardo & Associates450 Lincoln Avenue, Suite 101Salinas, CA 9390Project LocationThe project site is located on the east side ofDolores Street between Seven and EighthA venues in the City ofCannel-by-the Sea, Monterey County, California (Block 91, Lots2, 4, 6, and 8; APN 010-145-020-000).Name of ProjectCarmel EventCenterProject DescriptionThe proposed project is the conversion of an existing, vacant, retail bank building into anevent center that would provide a venue for special events throughout the year. Activitieswould include meetings, conferences, wedding receptions, cooking demonstrations, handon classes, retail shows, etc. The project site is currently developed with two buildingstotaling 5,357 square feet ( s f . ) ~ Following refurbishmentof he interior, the final projectwill accommodate 3,888 sf. of occupied space.The project site is 16,000 sf. and currently contains 15 angled parking spaces. To provideadditional on-site parking capacity, the surface parking lot will be modified andreconfigured to accommodate 30 perpendicular parking spaces for the valet service, avehicle drop-off/pickup space for valet parking, and a valet waiting area with benchesand chairs, and accommodation for two ADA accessible valet parking spaces.Reconfiguration of the parking lot will require minor modification to the existing curbs(from a "zigzag" pattern to a straight curb) and resurfacing of he parking lot.

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All events will be valet parked by National Parking & Valet (NP&V). While somevehicle may remain on site under special circumstances, most vehicles will be valetparked a t either the Carmel Plaza garage or the surface lot at the northwest comer of heSunset Center.The proposed project has an estimated water supply of 1.059 AFY and would generate awater demand of0.8860 AFY, resulting in a net surplus of0.1730 AFY. This estimatedwater supply assumes the proposed project receives the necessary water allocations(namely, the Jody LeTowt allocation and the Spinning Wheel restaurant allocation) fromthe City of Carmel.Review PeriodMarch 8, 2013 through 5:00p .m. on March 28,2013CommentsAny individual, group, or agency disagreeing with this determination or wishing tocomment on the proposed project may submit written comments to the City of Carmelby-the-Sea at the address listed above. All comments received by 5:00 PM on March 28,2013 will be considered by the City of Carmel.Findings and ReasonsThe Initial Study identified potentially significant effects on the environment. However,the proposed project will not have the potential to significantly degrade the environment;will have no significant impact on long-term environmental goals; will have nosignificant cumulative effect upon the environment; and will not cause substantialadverse effects on human beings, either directly or indirectly.The following reasons will support these fmdings:

1. No mitigation measures have been identified.2. The proposed project is consistent with the adopted goals and policies ofthe Cityo f Carmel General Plan, City ofCarmel Local Coastal Program Land Use Plan(LUP), and the City o fCarmel Municipal Code.3. City staf f independently reviewed the Initial Study, and this Negative Declarationreflects the independent judgment ofthe City of Carmel.

Mitigation MeasuresNone required.

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Background & Project DescriptionProject TitleCarmel Event CenterLead Agency Name and AddressCity of Carmel by-the-SeaP.O. Drawer GE/s Monte Verde bet. Ocean and 7thCarmel, CA 93921Contact Person and Phone NumberMr. Marc WienerAssociate Planner831.620.201 [email protected] LocationThe project site is located on the east side of Dolores Street between Seven and Eighth Avenuesin the City of Carmel-by-the Sea, Monterey County, California (Block 91, Lots 2, 4, 6, and 8:APN 010-145-020-000). See Figure 1: Site Vicinity (below).

Project Site

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typically high, and accounts for as much as 50% of all water use in commercial establishmentsthat are associated with food activities. Restroom use (2) includes toilets and wash basins.Janitorial services was also included as part of internal water use. Landscaping is proposed to beminimal to maintain the existing trees and for additional planters. For all internal water fixtures,the project applicant proposes to use l o w ~ flow water fixtures, as required by MPWMD.Based on the Group II classification the proposed project would use a total of 0.8860 AFY peryear of water. This equates to a net surplus of0.2338 AFYperthe assumed water supplycalculation of 1.0590 AFY.The project applicant is required to provide a water meter n ~ s i t e that will be publicly accessiblefor n ~ g o i n g monitoring ofwater use.A summary of water supply and proposed demand is shown in Table 2: Proposed Project WaterSupply and Demand Estimate.Table 2: Proposed Project Water Supply and Demand Estimate

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-iHt-.:hWater SupplyExistin g Credit from Original UseJody LeTowt AllocationSpinning Wheel Restaurant AllocationTotal Water SupplyWater DemandKitchen UseRestrooms10% ContingencyLandscapingTotal Water DemandNet Surplus

Planning and EntitlementsCity of Carmel

\ \ a l t:: r l .s.cl U ' 1

0.37500.35000.33401.0590

0.29760.37760.06750.08250.82520.2338

Conditional Use Permit for f f ~ s i t e parking Commercial Construction Building Permit Water allocation by City of Carmel Resolution

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Monterey Peninsula Water Management District - Water PermitAlcoholic Beverage Control Permit (State of California)Compliance with the Federal Asbestos Standard and Air District Rule 424 for potentialremoval of asbestos building materials (as administered through the Monterey BayUnified Air Pollution Control District)

Environmental SettingBackground and IntentThe 16,000 sf. project site is was originally the site ofthe Palo Alto Savings and LoanAssociation, designed by Walter Burde in 1971 and has historically been occupied as a bank and,subsequent to their closure, various retail uses.Starting in 2004, the City spent several years reviewing a proposal for an 18,000 sf. mixed-useproject at the subject property named the Plaza del Mar Mixed-Use Project. A Revised FinalEIR was issued in June of 2007 (SCH # 2003051149). The project included the followingcomponents: 1) demolition of he existing structures and surface parking lot; 2) construction of amixed-use building with a total floor area of approximately 17,980 square feet and excavationfor an underground parking garage totaling approximately 26,540 square feet; 3) the mixed-usestructure would include approximately 14,530 square feet of apartments and condominiums andapproximately 3,170 square feet of retail space; 4) open space of approximately 4,310 squarefeet, and 5) a maximum building height of 30 feet.This project was denied by the City in November 2009 for various reasons, but primarily relatedto preservation of he existing structure, and potential impacts associated with traffic and noise.The building was most recently occupied by Jan De Luz Home Furnishings, but has been vacantfor more than a year.Project Site and Existing FacilitiesThe project site is located in the City of Carmel and within the City's Core Commercial area asdesigned by the General Plan. The 16,000 sf. project site is currently developed with twobuildings totaling 5,357 square feet (sf.). The main building is 4,729 sf. and is comprised of amain floor (3,267 sf.), a partial second floor (612 sf.), and a basement (850 sf.).Photos of he project site are shown in Figure 8: Photos of Proposed Project Site.

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negative declaration. Section 15063(c)(3)(D). In this case a discussion should identifythe following on attached sheets:a. Earlier analysis used. Identify earlier analyses and state where they are availablefor review.b. Impacts adequately addressed. Identify which effects from the above checklist

were within the scope of and adequately analyzed in an earlier document pursuantto applicable legal standards, and state whether such effects were addressed bymitigation measures based on the earlier analysis.c. Mitigation measures. For effects that are "Less than Significant with MitigationIncorporated," describe the mitigation measures, which were incorporated orrefined from the earlier document and the extent to which they address site-specific conditions for the project.

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ENVIRONMENTAL IMPACI'SIssues (and Supporting Info rmation Sources):1. AESTHETICS. Would the project:a) Have a substantial adverse effect on a scenicvista?b) Substantially damage scenic resources,including but not limited to trees, rockoutcroppings, and historic buildings within a statescenic highway?c) Substantially degrade the existing visualcharacter or quality of he site and itssurroundings?d) Create a new source of substantial light orglare, which would adversely affect day ornighttime views in the a rea?Discussion(a through c)

PotentiallySignificantIssues

PotentiallySignificantUnlessMitigationIncorporatedLess ThanSignificantImpact

Nolmpact

X

X

X

X

The project site is currently developed with two buildings totaling 5,357 square feet (sf.).The proposed project includes a number of interior refurbishments, including theinstallation ofa kitchen to provide a full range of food and beverage services andexpansion of he existing restrooms. All building alterations would occur within theexisting building footprint would remain unchanged. Exterior alterations would belimited to reconfiguration of he existing parking lot and minor landscape.Because the site is located in an existing urban setting and only minor modifications areproposed. As such, the proposed project will not substantially change the aesthetics andvisual character of he site or surrounding neighborhood and is therefore considered tohave no impact.(d)The existing building contains exterior lighting. Any refurbishment/upgrade to theexterior lighting would be designed consistent with City requirements (CMC 15.36.070Lighting Requirements) including a maximum of 25 watts on lighting attached tobuildings and 15 watts for landscaping. Therefore, there would be no new sources ofsubstantial light or glare, which would adversely affect day or nighttime views in the areaand is therefore considered to have no impact.2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources aresignificant environmental effects. lead agencies may refer to the California i c u l t u r a l LandEvaluation and Site Assessment Model (1997) prepared by the California Department ofConservationas an optional model to use in assessing impacts on agricultur e and farmland. Wouldthe project:

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SignificantPotentially Unless Less Than NoENVIRONMENTAL IMPACTS Significant Mitigation Significant ImpacIssues Incorporated Impact tIssues (and Supporting Infonnation Sources):a) Convert Prime Farmland, Unique Farmland, orFarmland ofStatewide Importance (Farmland), asshown on the maps prepared pursuant to theFarmland Mapping and Monitoring Program of he XCalifo rnia Resources Agency,to non-agriculturaluse?b) Conflict with existing zoning for agriculturaluse, or a Williamson Act contract? Xc) Involve other changes in the existingenvironment, which due to their location or nature, Xcould result in conversion of Farmland to non-agricultural use?Discussion(a-c)Th e proposed project is located in an existing developed community and no developmenton land designated agriculture will occur (Carmel General Plan, 2003). As such, theproposed project would have no significant impact to agricultural resources and istherefore considered to have no impact.3. AIR QlJALITY. Where available, the significance criteria established by th e appJicable ai rquality management or ai r pollution control district may be relied upon to make tb e followingdeterminations. Would tbe project:a) Conflict with or obstruct implementation of he Xapplicable air quality plan?b) Violate any air quality standard or contribute toan existing or projected air quality violation? Xc) Result in a cumulatively considerable net. increase ofany criteria pollutant for which theproject region is non-attainment under anapplicable federal or state ambient air quality Xstandard (including releasing emissions, whichexceed quantitative thresholds for ozoneprecursors)?d) Expose sensitive receptors to substantialpollutant concentrations? Xe) Create objectionable odors affecting a Xsubstantial number of people?Discussion(ac)



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ENVIRONMENTAL IMPACTSIssues (and Supporting Information Sources):impact on localized greenhouse gas emissions.(d)

PotentiallySignificant

Issues

SignificantUnless

MitigationIncorporated

Less ThanSignificantImpact

Nolmpact

The MBUAPCD defines sensitive receptors as facilities that house or attract children, theelderly, people with illness, or others who are especially sensitive to air pollutants. Thesensitive receptors closes t to the project site consist of single-family residential homes.However, as noted above, construction and operation of he proposed project would notresult in substantial pollutant concentrations and impacts on sensitive receptors would beconsidered less than significant.

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ENVIRONMENTALIMPACfSIssues (and Supporting Information Sources):4. BIOLOGICAL RESOURCES. Would the project:a) Have a substantial adverse effect, eitherdirectly or through habitat modifications, on anyspecies identified as a candidate, sensitive, orspecial-status species in local or regional plans,policies, or regulations, or by the CaliforniaDepartment ofFish and Game or U.S. Fish andWildlife Service?b) Have a substantial adverse effect on anyriparian habitat o r other sensitive naturalcommunity identified in local or regional plans,policies, regulations or by the CaliforniaDepartment ofFish and Game or U.S. Fish andWildlife Service?c) Have a substantial adverse effect on federallyprotected wetlands as defined by Section 404 of heClean Water Act (including, bu t not limited to,marsh, vernal pool, coastal, etc.) through directremoval, filling, hydrological interruption, or othermeans?d) Interfere substantially with the movement ofany native resident or migratory fish or wildlifespecies or with established native resident ormigratory wildli fe corridors, or impede the use ofnative wildlife nursery sites?e) Conflict with any local policies or ordinancesprotecting biological resources, such as a treepreservation policy or ordinance?f) Conflict with the provisions of an adoptedHabitat Conservation Plan, Natural CommunityConservation Plan, or other approved local,regional, or state habitat conservation plan?Discussion(a-d)

PotentiallySignificantIssues

UnlessMitigationIncorporatedLess ThanSignificantImpact

X

NoImpact

X

X

X

X

X

The project site is completely developed and there are no natural areas on the site . Theproject site is not located within the City 's Environmentally Sensitive Habitat OverlayDistrict (ESHA) as described in CMC 17 20, Article V, and is therefore considered tohave no impact.The proposed improvements will not result in removal of habitat and therefore



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Potentially Unless Less Than NoENVIRONMENTAL IMPACTS Significant Mitigation Significant lrnpacIssues Incorporated Impact tIssues (and Supporting Information Sources):5. CULTURAL RESOURCES. Would the project:a) cause a substantial adverse change in thesignificance of a historical resource as defined in XCEQA Guidelines section 15064.5?b) Cause a substantial adverse change in thesignificance of an archaeological resource pursuant Xto section 15064.5?c) Directly or indirectly destroy a uniquepaleontological resource or site or unique geologic Xfeature?d) Disturb any human remains, including those Xinterred outside of formal cemeteries?Discussion(a-d)The proposed project includes only interior refurbishments and the exterior of heexisting building would remain unchanged. Ground disturbance would be limited tominor reconfiguration of he existing parking lot. Given these minor alternations, therewould be no substantial adverse change to significant historical and/or archaeologicalresources and therefore no impacts are anticipated.6. GEOLOGY AND SOILS. Would the project expose people or structures to potential substantialadverse effects, including the risk of oss, injury, or death involving:a) Expose people or structures to potentialsubstantial adverse effects, including the risk ofloss, injury or death involving:

i. Rupture of a known earthquake fault, asdelineated on the most recent Alquist-Priolo Earthquake Fault Zoning Mapissued by the State Geologist for the area Xor based on other substantial evidence of aknown fault? Refer to Division of Minesand Geology Special Publication 42?

ii. Strong seismic ground shaking? Xiii. Seismic-related ground failure, includingliquefaction? Xiv. Landslides? X

b) Would the project result in substantial soilerosion or the loss of opsoil? X

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Potentially Unless Less Than NoENVIROl'"MENTAL IMPACTS Significant Mitigation Significant lmpacIssues Incorporated Impact tIssues (and Supporting Information Sources):c) Would the projectbe located on a geologic unitor soil that is unstable, or that would becomeunstable as a result of he project, and potentially Xresult in on- or off-site landslide, lateral spreading,subsidence, liquefaction or collapse?d) Would the project be located on expansive soil,as defined in Table 18-1-B ofthe Uniform BuildingCode ( 1994), creating substantial risks to life or Xproperty?e) Would the project have soils incapable ofadequately supporting the use of septic tanks oralternative wastewater disposal systems where Xsewers are not available for the disposal ofwastewater.Discussion(a-e)The proposed project includes only interior refurbishments and the exterior of heexisting building would remain unchanged. Ground disturbance would be limited tominor reconfiguration of he existing parking lot. The existing structure ha s beenconstructed to withstand earthquakes and other potential geological hazards. Given theseminor alternations, there would be no substantial adverse change to geologic an d soilresources and therefore no impacts are anticipated.7. HAZARDS AND HAZARDOUS MATERIALS. Would the projec t:a) Create a significant hazard to the public or theenvironment through the routine transport, use, or Xdisposal ofhazardous materials?b) Create a significant hazard to the public or theenvironment through reasonably foreseeable upset Xand accident conditions involving the release ofhazardous materials into the environment?c) Emit hazardous emissions or handle hazardousor acutely hazardous materials, substances, or Xwaste within '14 mile of an existing or proposedschool?d) Be located on a site which is included on a listofhazardous materials sites compiled pursuant toGovernment Code Section 65962.5 and, as a result, Xwould it create a significant hazard to the public orthe environment? (V.13)

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ENVIRONMENTAL IMPACTSIssues (and Supporting Information Sources):e) For a project located within an airport land useplan or, where such a plan has not been adopted,within two miles of a public airport or public useairport, would the project result in a safety hazardfor people residing or working in the pro ject area?f) For a project within the vicinity of a privateairstrip, would the project result in a safety hazardfor people residing or working in the project area?g) Impair implementationof or physicallyinterfere with an adopted emergency response planor emergency evacuation plan?h) Expose people or structures to a significant riskof Joss, injury or death involving wildland fires,including where wildlands are adjacent tourbanized areas or where residences are intermixedwith wildlands?Discussion(a-h)

PotentiallySignificantIssuesUnlessMitigationIncorporated

Less ThanSignificantImpactNoImpact

X

X

X

X

The existing structure was designed in 1971 and constructed in 1972. Given it age, theremay be a potential for the presence of hazardous materials including asbestos and leadpaint. However, the proposed project would be required to comply with the MontereyBay Unified Air Pollution Control District' s Rule 424 (National Emission Standards forHazardous Air Pollutants), which applies to renovation or demolition of existingbuildings in order to identify the presence of and remove any asbestos containingbuilding materials (ACBM) found at the project site. In accordance with Rule 424, allACBM must be removed by a certified asbestos contractor in accordance with CALOSHA requirements. The proposed project would also be required to comply with Rule439 (Building Removals) in order to limit particulate emissions associated with theremoval and demolition of buildings.The proposed project would not use any hazardous materials as part of heir operation.The proposed project is not located within the vicinity ofan airport, and is not locatedwithin an area identified as prone to wildland fires as identified in the City's GeneralPlan. Therefore, the project is considered to have no impact on hazards and hazardousmaterials.8. HYDROLOGY AND WATER QUALITY. Would the project:a) Violate any water quality standards or wastedischarge requirements?b) Substantially deplete groundwater supplies orinterfere substantially with groundwater recharge

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Potentially Unless Less Than NoENVIRONMENTAL IMP ACTS Significant Mitigation Significant ImpacIssues Incorporated Impact tIssues (and Supporting Information Sources):such that there would be a net deficit in aquifervolume or a lowering of the local ground watertable level (for example, the production rate of pre-existing nearby wells would drop to a level whichwould not support existing land uses or planneduses for which permits have been granted)?c) Substantially alter the existing drainage patternof he site or area, including through the alterationof he course of a stream or river, in a manner, Xwhich would result in substantial erosion orsiltation on- or off-site.d) Substantially alter the existing drainage patternof he site o r area, including through the alterationof he course of a stream or river, or substantially Xincrease the rate or amount of surface runoff in amanner, which would result in flooding on- or off-site.e) Create or contribute runoff water which wouldexceed the capacity of existing or planned stormwater drainage systems or provide substantial Xadditional sources of polluted runoff?f) Otherwise substantially degrade water quality? Xg) Place housing within a 100-year flood-hazardarea as mapped on a federal Flood HazardBoundary or Flood Insurance Rate Map or other Xflood hazard delineation map?h) Place within a I 00-year flood-hazard areastructures, which would impede or redirect flood Xflows?i) Expose people or structures to a significant riskof oss, injury or death involving flooding,including flooding as a result of he failure of a

Xlevee or dam?j) Inundation by seiche, tsunami, or mudflow? XDiscussion(a-j)Th e proposed project includes only interior refurbishments and the exterior of heexisting building would remain unchanged. Ground disturbance would be limited tominor reconfiguration of he existing parking lot.

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ENVIRONMENTAL IMPACI'SIssues (and Supporting Infonnation Sources):SignificantIssues MitigationIncorporated SignificantImpact Impact

Carmel Bay is considered an Area of Special Biological Significance (ASBS) by theState Water Resources Control Board (SWRCB). This City operates under the GeneralPermit issued to the Monterey Regional Stonn Water Permi t Participants Group issuedby the Regional Water Quality Control Board (RWQCB) for storm water runoff thataffects Carmel Bay.

The City has adopted the Beast Management Practices Guidance Series found inAppendix E of he Monterey Regional Storm Water Management Program. TheGuidance Series describes Best Management Practices designed to reduce the dischargeof pollutants from the municipal separate storm sewer systems to the maximum extentpracticable, to protect water quality of he ASBS, and to satisfy the appropriate waterquality requirements of he Clean Water Act.Minor impacts to surface water quality could result from the project during construction.The proposed project will be required to adhere to City' s adopted the Beast ManagementPractices Guidance Series and therefore no impacts hydrology and water are anticipated.

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most characteristic of a "specialty or theme retail use as defined by the Zoning Code(CMC Section 17.68.050):

lmpact

Specialty or Theme. A retail store selling a specialized line of merchandise nototherwise defined including art and architecture supplies, candles, coins andstamps, gems, rocks and stones, telescopes, and binoculars. A theme store maycombine merchandise lines from several classifications with all merchandiseorganized around a central concept or idea.

Per CMC 17.14.030, Retail is classified as a permitted use in the S-C zone.The proposed project includes refurbishment of an existing building and the proposed useis consistent with the City's General Plan and Zoning Code. The project is no t locatedwithin a Habitat Conservation Plan or Natural Community Conservation Plan.Therefore, the proposed project will have no impact on land use and planning.


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ENVIRONMENTAL IMPACTS Significant Mitigation Significant lmpacIssues Incorporated Impact tIssues (and Supporting Information Sources):10. MINERAL RESOURCES. Would the projec t:a) Result in the loss of availability of a knownmineral resource that would be of value to the Xregion and the residents of he state?b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated Xon a local general plan, specific plan, or other landuse plan?DiscussionAccording to the Cit y's General Plan, there are no known mineral resources locatedwithin the City of Carmel and therefore, the project will have no impact on mineralresources.Jl . NOISE. Would the project result in:a) Exposure of persons to or generation of noiselevels in excess of standards established in the local Xgeneral plan or noise ordinance or applicablestandards of other agencies?b) Exposure of persons to or generation ofexcessive ground borne vibration or ground borne Xnoise levels?c) Substantial permanent increase in ambientnoise levels in the project vicinity above levels Xexisting without the project?d) A substantial temporary or periodic increase inambient noise levels in the project vicinity above Xlevels existing without the project?e) For a project located within an airport land useplan or, where such a plan has not been adopted,within two miles of a public airport or public use Xairport, would the project expose people residing orworking in the project area to excessive noiselevels?f) For a project within the vicinity of a privateairstrip, would the project expose people residing Xor working in the project area to excessive noiselevels?Discussion(a-b)

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ENVIRONMENTAL IMPACTSIssues (a nd Supportiug Information Sources): Issues2. A noise management plan must be prepared.

Incorporated Impact

3. An acoustical evaluation shall be prepared to qualify the noise levels and tosuggest appropriate attenuation measures specific to the site.

t

4. Music performances are generally limited to hours between noon and 10 :00 p.m.daily, but may be fewer to address site-specific circumstances.5. All conditional use permits shall require renewal every three years.6. The use permit must be posted on the premises and will be monitored by the City

and failure ofcompliance may result in the revocation of the permit. Any threeviolations within any 12-month period shall require revocation of he use permitby the Planning Commission.

7. Live music permits shall not include karaoke activities.While there is the potential for periodic noise from events occurring at the project site,compliance with the above described regulations will reduce any substantial temporaryor periodic increase in ambient noise levels to a less than significant level.(e-f)The project site is not located within two miles of a public or private airport and thereforeis considered to have no impact.

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ENVIRONMENTAL IMPACTS Issues Incorporated Impact tIssues (and Supporting Information Sources):12. POPULATION AND HOUSING. Would the project:a) Induce substantial population growth in anarea, either directly (for example, by proposingnew homes and businesses) or indirectly (for Xexample, through extension of roads or otherinfrastructure)?b) Displace substantial numbers of existinghousing, necessitating the construction of Xreplacement housing elsewhere?c) Displace substantial numbers of people,necessitating the construction of replacement Xhousing elsewhere?Discussion(a-c)The proposed project would not result in an increased number of housing units orpopulation and therefore is considered to have no impact.13. PUBLIC SERVICES. Would the proje ct result in substant ial adverse physical impactsassociated with the r o ~ i s i o n of new or pbysicaUy altered governmental facilities or need for new orphysical altered governmental facilities, tbe construction ofwbi cb could cause significantenvironmental impacts, in order to maintain acceptable semce ratios, response times, or otherperformance b j e c t i ~ e s for any of he public services:a) Fire protection? Xb) Police protection? Xc) Schools? Xd) Parks? Xe) Other public facilities? XDiscussion(a-e)The proposed project is a change of us e and a refurbishment of an existing buildingwhich would not result in increased physical impacts associated with provision of new orphysically altered government facilities. Therefore, the project is considered to have noimpact on public services.14. RECREATION. Would tbe project:a) Increase the use of existing neighborhood andregional parks or other recreational facilities such Xthat substantial physical deterioration of he facility

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ENVIRONMENTAL IMPACTS Issues Incorporated Impact tIssues (and Supporting Infonnation Sources):would occur or be accelerated?b) Include recreational facilities or require theconstruction or expansion of recreational facilities Xwhich might have an adverse physical effect on theenvironment?Discussion(a-b)Th e proposed project is a change ofuse and a refurbishment of an existing buildingwhich would no t result in an increased use of existing parks or recreation facilities and istherefore considered to have no impact.15. TRANSPORTATIONffRAFFIC. Would the project:a) Conflict with an applicable plan, ordinance, orpolicy establishing measures of effectiveness forthe performance of he circulation system, takinginto account all modes of transportation includingmass transit and non-motorized travel and relevant Xcomponents of he circulation system, includingbu t not limited to intersections, streets, highwaysand freeways, pedestrian and bicycle paths, andmass transit?b) Conflict with an applicable congestionmanagement program, including, but not limited tolevel of service standards and travel demand Xmeasures, or other standards established by thecounty congestion management agency fordesignated roads or highways?c) Result in a change in air traffic patterns,including either an increase in traffic levels or a Xchange in location that results in substantial safetyrisks?d) Substantially increase hazards due to a designfeature (for example, sharp curves or dangerous Xintersections) or incompatible uses (for example,fann equipment)?e) Result in inadequate emergency access? Xf) Conflict with adopted policies, plans, orprograms supporting regarding public transit, Xbicycle, or pedestrian facilities, or otherwisedecrease the performance or safety of such

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Issues (and Supporting Information Sources):

Table 3: Estimated Project Parking Demand & Supply-- -l':lrl-inf! lh mand

f;l('!rtt ' ~ ~ p a n s ~Maximum Guests Parking DemandLess Guest Credit (25%)Guest ParkingDemandVendor/Employee Parking Dem andTotal Parking DemandTotal On-site Parking SupplyNet OtT-Site Guest Parking DemandAvailable Off-Site Average ParkingSupply 2

Notes :

97(24)73

239620176138

(I) Assumes some cars will remain on site including s e l e c t ~ valet vehicles and vendor delivery vehicles.(2) Cannel Parking Garage and Sunset Center - 8" Avenue lot.Source : RBF Consulting and Hatch Mott MacDonald, 2013.Traffic and CirculationThis section addresses potential impacts to traffic and circulation as a result of heproposed project. The analysis is drawn from a transportation analysis prepared byHatch Mott MacDonald (February 27 2013, see Appendix A) and analysis conducted byRBF Consulting.The proposed projec t would generate a total of 96 net trips coming to and from theproject (see Table 3), for a total of 192 average daily trips. This trip count assumes thatvehicles that stop at the project site to be valet parked are treated similar to "passthrough" trips and therefore are counted as one trip via the project site but ultimately tothe parking garage (and the same in reverse) (RBF Consulting). The existing pennitteduse for which the building was constructed is a bank. Based on the Institute ofTransportation Engineers (ITE) Trip Generation Manual 9thEd., the existing 5,375 SFbank would generate 397 trips daily, including 32 and 65 trips in the AM and PM peakhours, respectively (RBF Consulting). Based on this fact, the proposed project wouldgenerate 205 fewer average daily trips than the existing permitted use.Based on the nature of he events, Saturday was considered the worst-case scenario whenthere would likel be the Jar est event. Saturda mid-da eak-hour tri s were estimated

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Issues (and Supporting Information Sources):to be 65 trips in and 65 trips out (Hatch Mott MacDonald, 2013). Six intersections wereanalyzed to determine potential impacts at intersections adjacent to the project siteincluding Dolores, Street, 7th Street, and Ocean Avenue. Operations of heseintersectionsduring the Saturday midday peak hour are all better than the City of Carmel's level ofservice (LOS) standard of"D". The amount of raffic generated by the project would notbe sufficient to represent a significant impact upon the operations of hese intersections(see Table 4, Appendix A).Given the fact that there is a sufficient supply of off-site parking, that the proposedproject would generate 210 fewer average daily trips as compared to the existingpermitted use, and that the proposed project would no t cause a significant impact on theadjacent intersections, the proposed project would have no impact on long term parkingand traffic and circulation.The proposed project is located 5+ miles from the Monterey Airport and therefore wouldnot result in a change in air traffic patterns. No changes to public roadways are proposedthat therefore would not substantially increase hazards due to a design feature or result ininadequate emergency access. Because there are no changes to the public roadways andno impacts to traffic circulation, the proposed project would not conflict with adoptedpolicies, plans, or programs supporting regarding public transit, bicycle, or pedestrianfacilities, or otherwise decrease the performance or safety of such facilities. As suchthere would be no impacts.

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16. UTILITIES AND SERVICE SYSTEMS. Would the project:a) Exceed wastewater treatment requirements ofthe applicable Regional Water Quality Control XBoard?b) Require or result in the construction of newwater or wastewater treatment facilities orexpansion of existing facilities, the construction or Xwhich could cause significant environmentaleffects?c) Require or result in the construction of newstorm water drainage facilities or expansion of Xexisting facilities, the construction of which couldcause significant environmental effectsd) Have sufficient water supplies available toserve the project from existing entitlements and Xresources, or are new or expanded entitlementsneeded?e) Result in a determination by the wastewatertreatment provider, which serves or may serve theproject that it has adequate capacity to serve the Xproject projected demand in addition to theprovider's existing commitments?f) Be served by a landfill with sufficientpermitted capacity to accommodate the project's Xsolid waste disposal needs?g) Comply with federal, state, and local statutesand regulations related to solid waste? XDiscussion(a-c and e)The proposed project is a change of use and a refurbishment of an existing buildingwhich is already served by the City's existing sewer system and therefore would notexceed wastewater treatment requirements of he Regional Water Quality Control Boardnor require or result in the construction ofne w water or wastewater treatment facilities orexpansion of existing facilities. The project site is also served by the City's existingstormwater system and therefore would not require or result in the construction of newstorm water drainage facilities or expansion of existing facilities. Therefore, there wouldbe no impact to the existing sewer and stormwat er facilities.

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General Plan and the Local Coastal Program in December of each year and forward anyrecommendations for change to the City Council.Before adoption of an allocation resolution, the City Council shall considerrecommendations on the appropriate distribution of water to implement the General Planand the Local Coastal Program as determined by the Planning Commission. Eachallocation resolution sha11 reserve at least 10 percent (10%) of available water resourcesfor projects that will create new affordable housing units for moderately low-, low- orvery low-income households. Each allocation resolution also shall ensure that water isreserved for anticipated projects serving coastal recreation, access and essential publicservices.Water held in unallocated reserves shall not be used for any project or land use changeuntil transferred to a defined allocation category. Reserves are intended to provide ameans ofadjusting water allocations to respond to changing conditions and General Planpolicy.Section 17.50.40 of he CMC states that no change in land use shall be allowed throughany permit or license that could result in a net increase in water use unless such changehas been approved in accordance with the water management program. In determiningwhether a project may result in a net increase in water use, the CMC stipulates that t heregulations of he MPWMD shall be followed.As shown in Table 4: City of Carmel Water Allocation, the City of Carmel's total waterallocation is 3.32 acre-feet. This allocation is divided into 10 categories. Description ofeach allocation are described in Appendix C - City of Carmel 2006 Water Allocation(Updated 6/27/13).Table 4: City of Carmel Water Allocation

1 - Low and Very Low Income Housing2 - Single Family Residential3 -Multi-Family Residential4 - Commercial5 - Municipal6 - Unallocated Reserve7 - Mallery Pescadero Water TransferReserve8 - Spinning Wheel

0.5070.00.00.0

0.2241.69

0.106

0.334



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or prehistory?b) Have impacts that are individually limited, butcwnulatively considerable? ("Cwnulativelyconsiderable" means 1hat the incremental effects ofa project are considerable when viewed in Xconnection with the effects of he past projects, theeffects of other current projects, and the effects ofprobable future projects.)c) Have environmental effects, which will causesubstantial adverse effects on human beings, either Xdirectly or indirectly?Discussion(a-c)The City of Cannel-by-the-Sea is built-out. Any additional development in the City willprimarilybe infill development that will occur incrementally over time and would no t becumulatively considerable. The City's General Plan provides a framework for orderlyfuture development consistent with goals and policies as approved by the City Council.The proposed project is a minor expansion to an existing use and therefore will have noimpact.

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I find t hat the proposed project COULD NOT have a significanteffect on the environment, and a NEGATIVE DECLARATIONwill be prepared.I find that although the proposed project could have a significanteffect on the environment, there will not be a significant effectin this case because revisions in the project have been made byor agreed to by the project proponent. A NEGATIVEDECLARATION will be prepared.I find that the proposed project MAY have a significant effecton the environment and an ENVIRONMENTAL IMPACTREPORT is required.I find that the proposed project MAY have a potentiallysignificant or a potentially significant unless impact on theenvironment, but at least one effect (1) has been adequatelyanalyzed in an earlier document pursuant to applicable legalstandards, and (2) has been addressed by mitigation measuresbased on the earlier analysis as described on attached sheets.An ENVIRONMENTAL IMPACT REPORT is required, but itmust analyze only the effects that remain to be addressed.I find that although the proposed project could have a significanteffect on the environment, because all potentially significanteffects (a) have been analyzed adequately in an earlier EIR orNEGATIVE DECLARATION pursuant to applicable standards,and (b) have been avoided or pursuant to that earlier EIR orNEGATIVE DECLARATION, including revisions ormitigation measures that are imposed upon the proposed project,nothing further is required.

Marc WienerAssociate PlannerCity ofCarmel

Date: -----------

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ReferencesAxiom Engineers, Carmel Event Center Water Use Study, March 7, 2013.City ofCarmelbythe-Sea, General Plan andCoastal Land Use Plan, June 2003.


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City of Carmel-by-the-Sea, Local Coastal Program, Zoning Ordinance, and CoastalImplementation Plan, May 2004.

City of Carmel-by-the-Sea, StaffReport to the Carmel Planning Commission Re:Consideration o fa Preliminary Concept Review fo r the establishmento fan eventcenter at a site located in the Service Commercial (SC) District, January 9, 2012.

Hatch Mott MacDonald, Traffic Analysis or the Carmel Event Center, February 27,2013,2013.MBUAPCD. CEQA Air Quality Guidelines. June 2004.Monterey

Carmel Event Center 08-06-13

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