CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

July 12, 2017

To: Chair Goodhue and Planning Commissioners

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

Submitted by: Marnie R. Waffle, Senior Planner

Subject: Consideration of a Use Permit (UP 17-230) for a specialty food and retail
store specializing in the sale of honey-related products located in the
Central Commercial (CC) District

Recommendation:

Approve Use Permit (UP 17-230) subject to the attached findings and conditions.

Application: UP 17-230 APN: 010-086-006

Location: SW Corner of Junipero Ave and Ocean Ave (Carmel Plaza)
Block: 78 Lot: All
Applicant: Becky Reisdorf, Business Owner Property Owner: OWRF Carmel, LLC

BACKGROUND AND PROJECT DESCRIPTION:

The project site is located at the Southwest corner of Junipero Avenue and Ocean Avenue
(Carmel Plaza) in the Central Commercial (CC) Zoning District. The tenant space is
approximately 575 square feet in size and is currently vacant. The applicant is proposing to
establish a new specialty food and retail store specializing in the sale of honey-related products
with more than one ancillary use named Carmel Honey Company. The proposed store would
include the sale of merchandise centered on the theme of honey, hives and bees. Ancillary uses
would include a specialty retail sales and an educational classroom with up to eight chairs. The
food store would specialize in the sale of honey, honeycomb and edibles made or paired with
honey and the classroom would provide opportunities to educate and inform customers about
bees.

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UP 17-230 (Carmel Honey Company)
July 12, 2017
Staff Report
Page 2

The proposed hours of operation would be Monday-Saturday from 10am-6pm and Sunday
11am-5pm. The applicant is proposing minimal improvements to the interior of the space
including replacing the existing carpet with hard wood floors and new paint.

STAFF ANALYSIS:

Conditional Use Permit Required: The proposed business requires a Conditional Use Permit
because the primary use is a specialty food store and because the business includes the sale of
multiple ancillary products. The criteria for both are listed below with a staff analysis on how
the project complies with the requirements.

Specialty Food Store: According to CMC Section 17.68.050 (Commercial Use Classifications), a
specialty food store is a retail food market with no seating on the site that provides a
specialized and limited range of food items sold primarily for home preparation and
consumption.

The following is a list of specialty food store standards with an analysis by staff as to how the
business complies:

Section 17.14.040.J(3)-Food Store, Specialty

1. No specialty food store shall be permitted that is classified as a drive-in, fast food or formula
food establishment as defined in the Code.

Analysis: The proposed specialty food store, as represented by the applicant, would not exhibit
characteristics of a drive-in, formula food, or fast food establishment as defined by CMC
17.70.020 (Definitions).

2. All food sold for consumption off the premises shall be placed in covered containers or
wrappings.

Analysis: Food related items would include honey, honeycomb and other edibles made or
paired with honey. All items would be sold in sealed or wrapped containers for off-site
consumption with the exception of a limited number of samples which would be provided to
customers on-site.

3. The use may be combined with liquor stores and beer in the CC and SC districts upon
meeting the requirements of subsection (J)(4) of this section, Liquor.

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July 12, 2017
Staff Report
Page 3

Analysis: The proposed specialty food store, as represented by the applicant, would not include
the sale of liquor or beer.

4. Maximum number of food stores and/or restaurants within structures fronting Ocean
Avenue: 15.

Analysis: The subject space would not be located in a structure that fronts Ocean Avenue.

Multiple Ancillary Uses: With regard to multiple ancillary uses, CMC Section 17.14.040(B)-
Ancillary Uses states that: Requests for the establishment of more than one ancillary use with
a primary use, or to establish one or more ancillary uses with a proportion of more than 10
percent of the primary use shall only be approved upon the granting of a use permit by the
Planning Commission through the adoption of findings established in CMC 17.64.060,
Ancillary or Accessory Uses.

The primary use of the tenant space is a specialty food store that sells honey, with ancillary
products centered on the theme of honey, hives and bees. Food products constitute 30% of the
space and include honey, honeycomb and edibles. Approximately 50% of the space will contain
a variety of retail products associated with honey bees and the remaining 20% would be an
educational classroom to educate and inform customers about bees. The classroom would
include a table and up to 8 chairs for customers to sit and view videos on a television.
Consistent with the central bee theme, the applicant proposes the sale of the following items at
the specified percentages:

Primary Use:
25% Food store specializing in sale of honey (honey, honeycomb, pollen, wax, etc.)
5% Edibles made or paired with honey (caramels, chocolates, dried tea, etc.)

Ancillary Uses:
20% Kitchen ware (cups, mugs, cutting boards, aprons, dippers, etc.)
20% Bath & Body (soap, lotion, lip balm, candles, etc.)
10% Clothing (hats, shirts, socks, etc.)
20% Educational (books, decorations, cards, etc.), including classroom

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.

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UP 17-230 (Carmel Honey Company)
July 12, 2017
Staff Report
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ATTACHMENTS:

Attachment A Findings for Approval

Attachment B Conditions of Approval
Attachment C Floor Plan

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Attachment A Findings for Decision

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

FINDINGS FOR DECISION

UP 17-230
Reisdorf (Carmel Honey Company)
Ocean Avenue & Mission Street (Carmel Plaza)
Block 78; All Lots
APN: 010-086-006

CONSIDERATION:
Consideration of a Use Permit (UP 17-230) for a specialty food and retail store specializing in
the sale of honey-related products located in the Central Commercial (CC) District.

FINDINGS OF FACT:

1. The project site is located at the southwest corner of Ocean Avenue and Mission Street
within the Carmel Plaza and in the Central Commercial (CC) Zoning District.

2. On June 21, 2017, the applicant submitted a Use Permit application to establish a
specialty food and retail store specializing in the sale of honey-related products at the
subject location named Carmel Honey Company.

3. Carmel Municipal Code Section 17.14.030 (Land Use Regulations) Schedule II-B
establishes that specialty food stores are conditionally permitted subject to Planning
Commission approval.

4. Carmel Municipal Code Section 17.14.040 (B) (Ancillary Uses) establishes that ancillary
uses greater than 10 percent of the tenant space or more than one ancillary use are
conditionally permitted subject to Planning Commission approval.

5. This Use Permit (UP 17-230) supersedes all previous use permits at this location.

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

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

FINDINGS FOR DECISION:

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

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

3. The granting of the Use Permit will not set a precedent for the approval of similar uses
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UP 17-230 (Carmel Honey Company)
July 12, 2017
Findings for Approval
Page 2

whose incremental effect will be detrimental to the City, or will be in conflict with the
General Plan.

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

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

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

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

8. Allowing the proposed use will not conflict with the Citys goal of achieving and
maintaining a balanced mix of uses that serve the needs of both local and nonlocal
populations.

9. The proposed use will provide adequate ingress and egress to and from the proposed
location.

10. The capacity of surrounding streets is adequate to serve the automobile and delivery
truck traffic generated by the proposed use.

11. All proposed ancillary uses are compatible with the primary use.

12. The proposed land use, considered as a whole, appears to have the primary and
ancillary uses united by a consistent theme and the use will not exhibit a character of
multiple, unrelated activities combined into one business.

13. The use will contribute to the character of the commercial district as a residential village
with a mix of unique retail and service shops.

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Attachment B Conditions of Approval

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

CONDITIONS OF APPROVAL

UP 17-230
Reisdorf (Carmel Honey Company)
Ocean Avenue & Mission Street (Carmel Plaza)
Block 78; All Lots
APN: 010-086-006

PROJECT DESCRIPTION:
Consideration of a Use Permit (UP 17-230) for a specialty food and retail store specializing in
the sale of honey-related products located in the Central Commercial (CC) District.

STANDARD CONDITIONS (Pursuant to CMC 17.14.040.B and J(3)):

1. This permit authorizes a specialty food store with multiple ancillary uses as defined in
CMC Sections 17.68.050 (Food Store, Specialty) and 17.68.090 (Accessory Use).

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

3. The specialty food store shall not operate as a Drive-in, Formula Food or Fast Food
establishment as defined in CMC Section 17.70.020 (Definitions).

4. 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.

5. This Use Permit approval shall be valid for six (6) months following final action by the
Planning Commission, or by the City Council on appeal. If the use is not established
pursuant to CMC Section 17.52.170 (Time Limits on Approvals and Denials) the approval
shall become null and void.

6. 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 pursuant to CMC Section 17.66.050 (Revocation).

7. 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.

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Conditions of Approval
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8. The applicant agrees, at its sole expense, to defend, indemnify, and hold harmless the
City, its public officials, officers, employees, and assigns, from any liability; and shall
reimburse the City for any expense incurred, resulting from, or in connection with any
project approvals. This includes any appeal, claim, suit, or other legal proceeding, to
attack, set aside, void, or annul any project approval. The City shall promptly notify the
applicant of any legal proceeding, and shall cooperate fully in the defense. The City
may, at its sole discretion, participate in any such legal action, but participation shall not
relieve the applicant of any obligation under this condition. Should any party bring any
legal action in connection with this project, the Superior Court of the County of
Monterey, California, shall be the situs and have jurisdiction for the resolution of all
such actions by the parties hereto.

SPECIAL CONDITIONS:

9. At least 30 percent of the merchandise of the specialty food store shall include honey,
honeycomb and other edibles made or paired with honey.

10. Up to 10 percent of the window display area may contain items related to the ancillary
uses except that no display of souvenir merchandise is allowed in any exterior window,
door, or doorway.

11. Up to 114 square feet of educational classroom space with no more than 8 chairs, as
depicted on the applicants floor plan, is permitted to educate and inform customers
about honey bees through television viewing.

12. With the exception of providing samples, all honey, honeycomb and other edibles shall
be placed in covered containers or wrappings for off-site consumption.

13. No seating is permitted in conjunction with the specialty food store.

14. Any exterior alteration and/or sign installation requires prior approval from the
Department of Community Planning and Building.

*Acknowledgement and acceptance of conditions of approval.

_____________________ __________ ________________________ ___________

Applicant Signature Printed Name Date

______________________________ ________________________ ____________

Property Owner Signature Printed Name Date

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Attachment C - Floor Plan
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