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49 50
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73 A B C
Step 6: Develop draft #1 of the updates to the Design Guidelines
6.1 Draft the text
6.2 Develop illustrations
6.3 Lay out in InDesign Sept. 30, 2022
Step 7: Develop Draft #1 of the zoning amendments
7.1 Draft zoning text changes
7.2 Develop illustrations
7.3 Mark up the code for inserts
7.4 Staff inserts revisions into code document Oct. 14, 2022 Step 8: Present the drafts to the community (Trip #5)
8.1 Develop presentations & feedback materials
8.2 Conduct commmunity workshop (hybrid)
8.3 Joint study session with PC and CC
8.4 Write summary of findings (edits to make) Nov. 28, 2022 Step 9: Develop draft #2 of the Design Guidelines
9.1 Execute text revisions
9.2 Develop additional illustrations
9.3 Update InDesign document Dec. 30, 2022
Step 10: Develop Draft #2 of the zoning amendments
10.1 Revise zoning text
10.2 Develop additional illustrations
10.3 Staff inserts revisions into code Dec. 30, 2022
Step 11: Implementation (Adoption)
11.1 Prepare presentations
11.2 Planning commission hearing (virtual)
11.3 City Council hearing (virtual) Mar. 7, 2023
Attachment 2
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
March 1, 2022
PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Marnie Waffle, AiCP, Senior Planner
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
Consideration of a recommendation from the Historic Resources Board to the City Council that the City Council enter into a Mills Act Historical Property Contract (MA 21-238, L’Auberge Carmel) with Esperanza Carmel Commercial, LLC for the historic ‘Sundial Lodge’ now known as L’Auberge Carmel located on Monte Verde 2 northeast of 7th Avenue (APN 010-191-005).
RECOMMENDATION:
Adopt Resolution 2022-024 (Attachment 1) approving a Mills Act Historical Property Contract (MA 21-238, L’Auberge Carmel) for the historic 'Sundial Lodge' now known as the L'Auberge Carmel hotel located on Monte Verde 2 northeast of 7th Avenue (APN 010-191-005).
BACKGROUND/SUMMARY:
The project site is located on Monte Verde 2 northeast of 7 th Avenue in the Residential and Limited
Commercial (RC) District. The existing hotel is known as L’Auberge Carmel. It is a three-story, woodframed hotel surrounding an open interior courtyard, designed by architect Albert Farr in the Medieval Revival style and constructed in 1930 by M.J. Murphy.
A Department of Parks and Recreation (DPR) Form 523A was completed for the property in 2002 by Kent L. Seavey (Attachment 2) and added to the Carmel Inventory on May 25, 2005. A Resolution Designating a Historic Resource for the ‘Sundial Lodge’ was recorded with the County Recorder on October 19, 2006 (Document #2006092967).
On July 2, 2021, David Fink, on behalf of Esperanza Carmel Commercial, LLC, applied for a Mills Act Historical Property Contract. The Mills Act is an incentive program available to owners of historic resources listed on the Carmel Inventory and the local Register of Historic Resources. The property was placed on the local register on September 15, 2003, and the local inventory on May 25, 2005.
On January 24, 2022, the Historic Resources Board adopted Resolution 2022-001-HRB (Attachment 2), recommending that the City Council enter into a Mills Act Contract with Esperanza Carmel Commercial, LLC for the historic ‘Sundial Lodge’ property.
STAFF ANALYSIS
A Mills Act contract under State law is an agreement between the City of Carmel and a property owner of a historic building listed on the Carmel Register. In exchange for reduced property taxes, the property owner is contractually obligated to perform annual maintenance on the building. The property owner benefits from a reduction in property taxes. The City benefits from assurance, via contract, that the historic building is rehabilitated, maintained, and preserved with a portion of those property taxes that the city is giving up.
The primary purpose for offering Mills Act contracts in the City of Carmel-by-the-Sea is to assist in and ensure the rehabilitation or restoration and long-term maintenance of historic resources.
All properties listed on the City’s Historic Register in all districts that have and be, preserved in their historical size, form, and design without significant alterations are eligible for Mills Act contracts.
All Mills Act contracts have a term of 10 years, and one year is added to this term annually upon each anniversary date of the contract unless one or both parties (City and property owner) have taken action to terminate the contract. The City Administrator is authorized to initiate contract termination on behalf of the City based on recommendations of the Planning Department. The contract rights and obligations are binding upon all successive owners of the property during the life of the contract. The property retains the lower Mills Act tax rate when sold. To end a contract, either party may submit a notice of non-renewal to the other party. Such notices shall cause the contract to terminate at the end of the then-current 10-year contract period. Cancellation of a contract by the City due to non-compliance requires a public hearing and, if canceled, results in the immediate termination of the contract and a penalty equal to 12.5 percent of the assessed market value of the property.
The contract requires that the historical elements of the property are maintained in good condition. This includes a plan for rehabilitation and maintenance and may include a program to restore deteriorated features. All recipients of Mills Act contracts are required to implement a rehabilitation/restoration and maintenance plan prepared by a qualified professional. An annual report is submitted to the Planning Department specifying all work that has been done to maintain and preserve the historic resource over the year in compliance with the approved rehabilitation/restoration and maintenance plan. All rehabilitation/restoration and maintenance work must be completed in conformance with the Secretary of Interior’s Standards for Rehabilitation. All Mills Act contracts must specify that the rehabilitation/restoration and maintenance plan shall be updated at least every ten years by a qualified professional and approved by both parties.
The Historic Resources Board considers each application for a Mills Act contract and provides a recommendation to the City Council to approve, approve with conditions, or deny the application.
The City Council considers the recommendations from the Historic Resources Board at a public hearing and resolves to approve, approve with conditions, or deny the proposed contract with sufficient time for action by the City Clerk so that recordation of approved contracts occurs before December 31st of the year in which the application is received.
To approve a Mills Act contract, the Historic Resources Board and the City Council must both make all of the following findings:
i. The building is designated as an historic resource by the City and is listed on the Carmel Register.
Staff Response: The property was designated as a historic resource on May 25, 2005, and a Resolution was recorded with Monterey County on October 19, 2006. According to a September 15, 2003 staff report to the Historic Preservation Committee, the property was voluntarily placed on the local historic inventory by then-owner, Auberge Carmel, LLC, represented by Mr. David Fink. The application meets this finding.
ii. The proposed rehabilitation/restoration and maintenance plan is appropriate in scope and sufficient in detail to guide long-term rehabilitation/restoration and maintenance. Required maintenance and rehabilitation should be more significant than just routine maintenance that would be expected for any property.
Staff Response: The proposed plan includes rehabilitation and maintenance activities that will protect the integrity of the resource by replacing aging infrastructures such as plumbing and heating, ventilation, and air conditioning systems and repairing character-defining features such as the original wood windows. On-going maintenance activities include foundation inspections, roof maintenance, cleaning and inspecting all chimneys and flues, and termite testing. All exterior modifications are subject to Design Review approval and a determination of consistency with the Secretary’s Standards. Therefore, the application meets this finding. iii. Alterations to the historic resource have been in the past, and will continue to be in the future, limited to interior work and to exterior rehabilitation and alterations that:
(A) Comply with the Secretary’s Standards (future additions only); and (B) Do not significantly alter, damage or diminish any primary elevation or characterdefining feature; and (C) Do not increase floor area on the property by more than 15 percent beyond the amount established in the documented original or historic design of the resource; and (D) Do not result in any second-story addition to a single-story historic resource.
Staff Response: After purchasing the property in 2002, Mr. Fink submitted an application to the City to remodel the hotel. The renovation was reviewed by Ms. Sheila McElroy of Circa: History Property Development for consistency with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. The renovation was found consistent with the Secretary’s Standards by the Historic Preservation Committee and did not include any increase in floor area. The primary elevation and character-defining features of the hotel were preserved, and the project was approved by the Planning Commission. The application meets this finding. iv. The Mills Act contract will aid in offsetting the costs of rehabilitating and maintaining the historic resource.
Staff Response: Construction was completed on the hotel in 1930 and renovated 20 years ago. A rehabilitation and maintenance plan prepared by Mr. Christopher Barlow, AIA, EDAC, LEED AP, NCARB, with input from historic preservation professional Mr. Kent Seavey, proposes the following rehabilitation work: replace existing plumbing throughout the building; replace the existing heating, ventilation, and air conditioning systems; repair and rehabilitate existing windows for thermal performance; and, repair and replacement of insulation. Proposed maintenance activities include foundation inspections and repairs; exterior paint; roof maintenance; cleaning, inspecting, repairing chimneys and flues; and termite testing/treatment. The total cost of rehabilitation and maintenance is estimated to be $850,000 over the next ten years. The savings in property taxes would aid in offsetting these costs. The application meets this finding. v. Approval of the Mills Act contract will represent an equitable balance of public and private interests and will not result in substantial adverse financial impact on the City.
Staff Response: Approval of the Mills Act Contract would be consistent with Goal 1-5 and Objective 1-16 of the Land Use & Community Character Element of the General Plan, which encourages providing incentives for property owners to preserve and rehabilitate historic resources. Although the adoption of a Mills Act Contract would decrease property tax revenue to the City, the financial impact would be minimal because:
1) The number of Mills Act contracts is limited to 15 over a three-year period, and only one Mills Act contract has been recorded in the last three years. 2) Carmel currently has 283 historic resources, and since the adoption of the Mills Act program in 2004, the City has entered into only ten contracts. 3) The City would continue to receive a portion of the property tax revenue, and the investment in rehabilitation and maintenance support local tourism, which benefits both private and public interests.
The value of preserving the historic hotel offsets the loss of property tax revenue.
FISCAL IMPACT:
The City will have a diminished tax base from the property at Monte Verde 2 northeast of 7th Avenue for the term of the contract. At the time of writing this report, staff was unable to estimate the total annual reduction in property tax collection. Staff is working with the County of Monterey to estimate the amount, and will be prepared to share any information that is obtained during the March 1st meeting.
PRIOR CITY COUNCIL ACTION:
On March 3, 2020, the City Council adopted standard contract language for Mills Act Contracts.
ATTACHMENTS:
Attachment 1 - Resolution 2022-024
Attachment 1 - Attachment A - Standard Mills Act Contract Attachment 1 - Attachment A - Exhibit A - Legal Description Attachment 1 - Attachment A - Exhibit B - DPR 523A 'Sundial Lodge' Attachment 1 - Attachment A - Exhibit C - Maintenance Plan 01.04.22 Attachment 2 - Resolution 2022-001-HRB
Attachment 3 - Photographs
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION NO. 2022-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING A MILLS ACT HISTORICAL PROPERTY CONTRACT FOR THE HISTORIC ‘SUNDIAL LODGE’ NOW KNOWN AS THE L’AUBERGE CARMEL HOTEL LOCATED ON MONTE VERDE 2 NORTHEAST OF 7TH AVENUE (APN 010- 191-005)
WHEREAS, David Fink (“Applicant”) submitted an application on behalf of property owner Esperanza Carmel Commercial, LLC requesting to enter into a Mills Act historical property contract (MA 21-238, L’Auberge Carmel) described herein as (“Application”); and WHEREAS, the Application has been submitted for the property located on Monte Verde 2 northeast of 7th Avenue in the Residential and Limited Commercial (R-C) District (Block 74, Lots 18 & 20); and
WHEREAS, in accordance with Carmel Municipal Code (CMC) Section 17.32.100.B.6 (Review Process), the Historic Resources Board shall consider the application and make recommendations to the City Council to approve, approve with conditions, or deny applications for a Mills Act historical property contract; and
WHEREAS, on January 24, 2022, the Historic Resources Board held a public meeting to consider the application for a Mills Act historical property contract, including without limitation, information provided to the Historic Resources Board by City staff and through public testimony; and
WHEREAS, the Historic Resources Board adopted Resolution 2022-001-HRB recommending that the City Council enter into a Mills Act historical property contract with Esperanza Carmel Commercial, LLC; and
WHEREAS, on March 1, 2022, the City Council held a public meeting to consider the application for a Mills Act historical property contract, including without limitation, information provided to the City Council by City staff and through public testimony; and WHEREAS, notice of the City Council public hearing was published on February 18, 2022 in compliance with State law (California Government Code 65091), and was posted on the project site and hand-delivered by the Applicant to each property within a 100-foot radius of the project site at least 10 days prior to the public hearing indicating the date and time of the public hearing; and
Attachment 1
Resolution No. 2022-024
WHEREAS, on March 1, 2022, the City Council conducted a duly noticed public hearing to receive the Historic Resources Board recommendation and consider the request for a Mills Act historical property contract; and
WHEREAS, at the March 1, 2022 hearing, the City Council received public testimony regarding the Mills Act historical property contract, including without limitation, information provided to the City Council by City staff and through public testimony; and WHEREAS, this Resolution and its findings are made based upon evidence presented to the City Council at the March 1, 2022 hearing including, without limitation, the staff report and attachments submitted by the Community Planning and Building Department; and WHEREAS, the City Council did hear and consider all said reports, attachments, recommendations and testimony herein above set forth and used their independent judgement to evaluate the project; and
WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Carmel-By-The-Sea does hereby make the following findings and determinations regarding the Mills Act Historical Property Contract:
FINDINGS REQUIRED FOR A MILLS ACT CONTRACT
For each of the required findings listed below, staff has indicated whether the application supports adoption of the findings. For all findings checked "no" the staff report discusses the issues to facilitate the Historic Resources Board decision-making. Findings checked "yes" may or may not be discussed in the report depending on the issues.
CMC 17.32.100.B.6.c YES NO
i. The building is designated as an historic resource by the City and is listed on the Carmel Register.
✔
ii. The proposed rehabilitation/restoration and maintenance plan is appropriate in scope and sufficient in detail to guide long-term rehabilitation/restoration and maintenance. Required maintenance and rehabilitation should be more significant than just routine maintenance that would be expected for any property. ✔
iii. Alterations to the historic resource have been in the past, and will continue to be in the future, limited to interior work and to exterior rehabilitation and alterations that:
(A) Comply with the Secretary’s Standards (future additions only); and (B) Do not significantly alter, damage or diminish any primary elevation or character-defining feature; and
✔
Attachment 1
Resolution No. 2022-024
(C) Do not increase floor area on the property by more than 15 percent beyond the amount established in the documented original or historic design of the resource; and
(D) Do not result in any second-story addition to a single-story historic resource.
iv. The Mills Act contract will aid in offsetting the costs of rehabilitating and maintaining the historic resource..
✔
v. Approval of the Mills Act contract will represent an equitable balance of public and private interests and will not result in substantial adverse financial impact on the City.
✔
BE IT FURTHER RESOLVED that the City Council of the City of Carmel-by-the-Sea does hereby approve a Mills Act historical property contract (MA 21-238, L’Auberge Carmel) for the property located on Monte Verde 2 northeast of 7th Avenue (APN 010-191-005).
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1 st
day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Dave Potter Yashin Abbas
Mayor Interim City Clerk
Attachment 1
Resolution No. 2022-024
ATTACHMENT 1
MILLS ACT HISTORICAL PROPERTY CONTRACT
Attachment 1
OAK #4831-0417-0411 v2
RECORDING REQUESTED BY
CITY OF CARMEL-BY-THE-SEA
AND WHEN RECORDED MAIL TO
Carmel City Hall
Attn: Community Planning & Building
P.O. Box CC
Carmel-By-The-Sea, CA 93921 This space reserved for the Recorder’s use only
CITY OF CARMEL-BY-THE-SEA
MILLS ACT HISTORIC PROPERTY PRESERVATION CONTRACT
THIS AGREEMENT is made and entered by and between the CITY OF CARMEL-BY-THE-SEA a municipal corporation (hereinafter referred to as “City”), and ESPERANZA CARMEL COMMERCIAL, LLC (hereinafter referred to as “Owner”).
RECITALS
(i) California Government Code Section 50280, et seq. (known as the Mills Act) authorizes cities to enter into contracts with the owners of qualified historic properties to provide for their appropriate use, maintenance and restoration such that these historic properties retain their historic characteristics;
(ii) The Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, located at Monte Verde 2 northeast of 7 th Avenue (APN: 010-191-005), Carmel-By-The-Sea, California, (hereinafter referred to as the “Historic Property”). A legal description of the Historic Property is attached hereto, marked as “Exhibit A” and is incorporated herein by reference; (iii) The property is identified as a historic resource on the City of Carmel-By-The-Sea’s Historic Inventory and Register of Historic Resources and is further described in the DPR 523A Form attached hereto, marked as “Exhibit B” and is incorporated herein by reference;
(iv) City and Owner, for their mutual benefit, now desire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Property, as it exists at the date of this contract and as described in the City’s Register of Historic Resources and the National Register of Historic Places, and to qualify the Historic Property for an assessment of valuation pursuant to the provisions of Article 1.9 (commencing with section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.
Attachment 2
OAK #4831-0417-0411 v2
NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions contained herein, do hereby agree as follows:
1. INCORPORATION OF RECITALS. All recitals are incorporated into this Agreement.
2. EFFECTIVE DATE AND TERM. This Agreement shall be effective and commence on the date the Agreement is signed by the City, unless otherwise indicated by the County of Monterey, and shall remain in effect for a minimum term of ten (10) years thereafter.
3. AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this Agreement (hereinafter referred to as “annual renewal date”), one (1) year shall be added automatically to the term of this Agreement, unless timely notice of nonrenewal is given as provided in paragraph 4 of this Agreement. The total length of the contract shall not exceed twenty (20) years.
4. NOTICE OF NONRENEWAL. If City or Owner desires in any year not to renew this Agreement, that party shall serve written notice of nonrenewal in advance of the annual renewal date of this Agreement as follows: Owner must serve written notice of nonrenewal at least ninety (90) days prior to the annual renewal date; City must serve written notice of the nonrenewal at least sixty (60) days prior to the annual renewal date.
If notice is not received, the Agreement shall automatically be renewed for another year.
Upon receipt by Owner of a notice of nonrenewal from the City, Owner may make a written protest. At any time prior to the annual renewal date, City may withdraw its notice of nonrenewal.
5. EFFECT OF NOTICE OF NONRENEWAL. If either City or Owner serves timely notice of nonrenewal in any year, and this contract is not renewed, this Agreement shall remain in effect shall remain in effect for the balance of the period remaining since the original execution or the last annual renewal date.
6. FEES. The City may require that the Owner(s) of the Historic Property pay a fee that shall not exceed the reasonable cost of providing services, such as inspections, pursuant to Government Code Section 50281.1 (Article 12 of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code), for which the fee is charged.
7. VALUATION OF PROPERTY. During the term of this Agreement, Owner is entitled to seek assessment of valuation of the Historic Property pursuant to the provisions of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.
8. PRESERVATION OF PROPERTY. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property and agrees to complete rehabilitation and/or maintenance activities as defined in the Rehabilitation/Restoration and Maintenance Plan attached as “Exhibit C”. Requests for revisions to the Maintenance and Attachment 2
OAK #4831-0417-0411 v2
Rehabilitation plan shall be reviewed by the Historic Resources Board prior to implementation. In addition, Owner shall comply with the terms of the City’s Historic Preservation Ordinance (CMC 17.32). Owners shall not be permitted to further impede any view corridor with any new structure, including but not limited to walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-ofway.
9. RESTORATION OF PROPERTY. Owner shall, where necessary, restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, U. S. Secretary of the Interior’s Standards for Rehabilitation, the State Historical Building Code, and the City of Carmel-by-the-Sea, all as amended.
10. INSPECTIONS. Owner shall allow periodic examinations, at least every five (5) years, with reasonable notice thereof, of the interior and exterior of the Historic Property by representatives of the County of Monterey Assessor and the City of Carmel-By-The-Sea as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement. The City will coordinate inspections by such other agencies that have jurisdiction and will keep them to the minimum necessary to determinate such compliance.
11. PROVISION OF INFORMATION. Owner shall furnish City with any and all information required by City, in order to determine the eligibility of the Historic Property, and that City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement.
12. ANNUAL REPORT. Owner shall submit an annual report at least 90 days prior to each annual renewal date (October 1st) to the Department of Planning and Building specifying all work that has been done to maintain and preserve the historic resource over the preceding year in compliance with the approved maintenance plan.
13. CANCELLATION. The City has the right to cancel the contract if the owner allows the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. The City also has the right to cancel this contract if the owner(s) breaches the provisions of paragraph’s # 8, 9, 10 or 12 of this Agreement after the City has provided reasonable notice of any failure to comply with the agreement, and a public hearing. Notice of the hearing shall be mailed to the last known address of each owner of the property, with the notice conforming to the provisions of Government Code section 6061., If after notice and a hearing, the contract is cancelled, termination of the Agreement is immediate, and the owner shall pay a cancellation fee equal to 12.5 percent of the current fair market value of the property, as determined by the Monterey County Assessor as though the property were free of the contractual restriction. The cancellation fee shall be paid to the Assessor, at the time and in the manner that the Assessor shall prescribe. City’s right to cancel this Agreement pursuant to this paragraph Attachment 2
OAK #4831-0417-0411 v2
shall in no way limit or restrict its rights or legal remedies arising from City’s Historic Preservation Ordinance and Municipal Code.
14. ENFORCEMENT OF AGREEMENT. In lieu of and/or in addition to any provisions to cancel this Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement.
15. WAIVER. City does not waive any claim or default by Owner if City does not enforce or cancel this Agreement. All remedies at law or in equity, which are not otherwise provided for this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.
16. BINDING EFFECT OF AGREEMENT. Owner hereby subjects the Historic Property to the covenants, reservations and restrictions set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who executed the Agreement.
Each and every contract, deed or other instrument hereinafter executed, governing or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.
City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that it restricts development of the Historic Property. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historic characteristics and significance of the Historic Property for the benefit of the public and Owner.
17. NOTICE. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below, by personal delivery or United States mail, postage prepaid, addressed as follows:
City: Carmel-By-The-Sea
Community Planning & Building Department
Attn: Community Planning & Building Director
P.O. Box CC
Carmel-By-The-Sea, CA 93921
Attachment 2
OAK #4831-0417-0411 v2
Owner: Esperanza Carmel Commercial, LLC
PO Box 134
Carmel, CA 93921
Notice to successors in interest to either party shall be sent to the appropriate address.
In the case of future Owner(s) of the Historic Property, notice shall be sent to the address on file with the county property tax office in power at the time.
18. RECORDATION. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the Office of the County Recorder of the County of Monterey. From and after the time of the recordation, this Agreement shall impart a notice thereof to all persons as is afforded under state law.
19. STATE LAW. The Owner or agent of Owner shall provide written notice of this Agreement to the State Office of Historic Preservation within six (6) months of the date of this Agreement.
20. GOVERNING LAW; VENUE. This Agreement shall be constructed and governed in accordance with the laws of the State of California. Should either party to this agreement bring legal action against the other, the case shall be handled in Monterey County, California and the party prevailing in such action shall be entitled to a reasonable attorney fee which shall be fixed by the judge hearing the case and such fee shall be included in the judgment together with all costs.
21. AMENDMENTS. This agreement may be amended in whole or in part, only by a writtenrecorded instrument executed by the parties hereto.
22. DESTRUCTION OF PROPERTY; EMINENT DOMAIN; CANCELLATION. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be preplaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled.
No cancellation fee pursuant to Government Code Section 50286 shall be imposed if the Agreement is cancelled pursuant to this paragraph. Such Agreement shall be null and void for all purposes of determining the value of the property so acquired.
23. INDEMNIFICATION. Owner shall defend, indemnify, and hold harmless City and its elected officials, officers, agents and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any Attachment 2
OAK #4831-0417-0411 v2
federal, state or local government agency, arising out of or incident to the direct or indirect use, operation, or maintenance of the Historic Property by Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) Owner’s activities in connection with the Historic Property; and (iii) any restriction on the use of development of the Historic Property, from application or enforcement of the City’s Municipal Code, or from the enforcement of this Agreement.
This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of the City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. Owner’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.
24. SEVERABILITY. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
IN WITNESS THEREOF, the City and Owners have executed this Agreement on the day and year this Agreement is signed by the City, unless otherwise indicated by the County of Monterey.
CITY OF CARMEL-BY-THE-SEA:
By: _______________________ Date: __________________
Name: Richard L. Rerig (“Chip”)
Title: City Administrator
PROPERTY OWNER(S):
By: __________________________ Date: ___________________ Name: Patrice Pastor
Esperanza Carmel Commercial, LLC
Title: Property Owner
Attachment 2
OAK #4831-0417-0411 v2
EXHIBIT A
LEGAL DESCRIPTION
EXHIBIT B
DPR 523A FORM for ‘Sundial Lodge’
EXHIBIT C
REHABILITATION/RESTORATION AND MAINTENANCE PLAN
Attachment 2
Order Number: 2714-5947535
Page Number: 6
First American Title
LEGAL DESCRIPTION
Real property in the City of Carmel, County of Monterey, State of California, described as follows:
LOTS 18 AND 20 IN BLOCK 74, AS SAID LOTS AND BLOCK ARE SHOWN ON THAT CERTAIN MAP ENTITLED, MAP OF "CARMEL-BY-THE-SEA, MONTEREY COUNTY, CALIFORNIA", FILED MARCH 7, 1902
IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF MONTEREY, STATE OF CALIFORNIA, IN VOLUME 1 OF MAPS, "CITIES AND TOWN", AT PAGE 2.
APN: 010-191-005
Attachment 3
Attachment 4
Attachment 4
Attachment 4
Attachment 4
Property Address: Monte Verde St. at Seventh Ave.
Owner Name: L'Auberge Carmel / David Fink
Owner Telephone No.: (831) 917-2322
Plan Prepared by: Christopher Barlow AIA, EDAC, LEED AP, NCARB Maintenance/ Completed/ Year of Building Description Cost Rehabilitation Proposed Completion Feature of Work
Maintenance Proposed 2029 Foundation
Rehabilitation Proposed 2022 Plumbing
Rehabilitation Proposed 2024 Mechanical
Maintenance Proposed 2027 Exterior walls
Maintenance Proposed 2022-2032 Exteriors
Rehabilitation Proposed 2022 Windows
Rehabilitation Proposed 2023 Windows
Rehabilitation Proposed 2028 Roof, Ext. walls
Maintenance Proposed 2030 Wood, thruout
Rehabilitation Proposed 2025 Hardscape
Rehabilitation Proposed 2026 Hardscape
$45,000
New drainage at courtyard (currently surface drainage only, see photo 16) Replace existing aged interior plumbing piping throughout building
BUILDING SYSTEMS UPGRADES
Maintain Roof, Clean Chimneys/Flues, Inspect and seal plaster (annually) $150,000 Exterior and Interior Features Upgrades Subtotal
$75,000
Note: Frequency of Repairs continues beyond 2032 based on interval proposal.
Note: Dollar amounts will be review at 10 year intervals and adjusted for inflation. $850,000
$850,000
$80,000
$0
Proposed Work Total
REHABILITATION AND MAINTENANCE TOTAL
Exterior and Interior Features Upgrades Subtotal
Completed Work Total
Retaining Wall repair at existing stairs and property line (see photo 15) $35,000 Conduct exterior window condition assessment and provide survey of repairs $10,000 $115,000
$75,000
$470,000
$45,000
HARDSCAPE AND LANDSCAPE
Repair and replace existing Heating, Ventilation and Air Condition system(s) Insulation repairs and replacement
Termite testing and repairs
EXTERIOR AND INTERIOR FEATURES, MATERIALS, AND FINISHES Repair and Rehabilitate existing Windows for increased thermal performance Paint exterior of all exterior walls (every six years)
Mills Act Rehabilitation and Maintenance Plan
City of Carmel
$95,000
$175,000
$30,000
Building Systems Upgrades Subtotal $270,000
Mills Act Rehabilitation and Maintenance Plan
L'Auberge Carmel, Monte Verde Street and Seventh Ave, Carmel-By-The-Sea, California
STRUCTURAL UPGRADES
Foundation Inspection and localized repairs (as needed) Structural Upgrades Subtotal
$30,000
Attachment 5
CITY OF CARMEL-BY-THE-SEA
HISTORIC RESOURCES BOARD
HISTORIC RESOURCES BOARD RESOLUTION NO. 2021-001-HRB
A RESOLUTION OF THE HISTORIC RESOURCES BOARD OF THE CITY OF CARMEL-BY-THE-SEA
RECOMMENDING THAT THE CITY COUNCIL ENTER INTO A MILLS ACT CONTRACT WITH ESPERANZA CARMEL COMMERCIAL, LLC FOR THE PROPERTY LOCATED ON MONTE VERDE 2 NORTHEAST OF 7TH AVENUE ALSO KNOWN AS L’AUBERGE CARMEL
APN 010-191-005
WHEREAS, David Fink (“Applicant”) submitted an application on behalf of Esperanza Carmel Commercial, LLC requesting to enter into a Mills Act contract (MA 21-238, L’Auberge Carmel) described herein as (“Application”); and
WHEREAS, the Application has been submitted for the property located on Monte Verde 2 northeast of 7th Avenue Residential and Limited Commercial (R-C) District (Block 74, Lots 18 & 20); and
WHEREAS, the Applicant is requesting to enter into a Mills Act contract with the City and in accordance with Carmel Municipal Code (CMC) Section 17.32.100.B.6 (Review Process), the HRB shall consider the application and make recommendations to the City Council to approve, approve with conditions, or deny the application; and
WHEREAS, the agenda for the Historic Resources Board Meeting was posted in three locations on January 21, 2022 in compliance with State law indicating the date and time of the public hearing; and
WHEREAS, on January 24, 2022, the Historic Resources Board held a public meeting to consider the application for a Mills Act contract, including without limitation, information provided to the Historic Resources Board by City staff and through public testimony; and WHEREAS, this Resolution and its findings are made based upon evidence presented to the Board at the January 24, 2022 meeting including, without limitation, the staff report and attachments submitted by the Community Planning and Building Department; and WHEREAS, the Historic Resources Board did hear and consider all said reports, attachments, recommendations and testimony herein above set forth and used their independent judgement to evaluate the project; and
WHEREAS, the facts set forth in the recitals are true and correct and are incorporated herein by reference.
Attachment 6
Resolution No. 2022-001-HRB
NOW, THEREFORE, BE IT RESOLVED, that the Historic Resources Board of the City of CarmelBy-The-Sea does hereby make the following findings and determinations regarding the Mills Act Contract:
FINDINGS REQUIRED FOR A MILLS ACT CONTRACT
For each of the required findings listed below, staff has indicated whether the application supports adoption of the findings. For all findings checked "no" the staff report discusses the issues to facilitate the Historic Resources Board decision-making. Findings checked "yes" may or may not be discussed in the report depending on the issues.
CMC 17.32.100.B.6.c YES NO
i. The building is designated as an historic resource by the City and is listed on the Carmel Register.
✔
ii. The proposed rehabilitation/restoration and maintenance plan is appropriate in scope and sufficient in detail to guide long-term rehabilitation/restoration and maintenance. Required maintenance and rehabilitation should be more significant than just routine maintenance that would be expected for any property. ✔
iii. Alterations to the historic resource have been in the past, and will continue to be in the future, limited to interior work and to exterior rehabilitation and alterations that:
(A) Comply with the Secretary’s Standards (future additions only); and (B) Do not significantly alter, damage or diminish any primary elevation or character-defining feature; and
(C) Do not increase floor area on the property by more than 15 percent beyond the amount established in the documented original or historic design of the resource; and
(D) Do not result in any second-story addition to a single-story historic resource.
✔
iv. The Mills Act contract will aid in offsetting the costs of rehabilitating and maintaining the historic resource..
✔
v. Approval of the Mills Act contract will represent an equitable balance of public and private interests and will not result in substantial adverse financial impact on the City.
✔
BE IT FURTHER RESOLVED that the Historic Resources Board of the City of Carmel-by-theSea does hereby recommend that the City Council approve a Mills Act Contract (MA 21-238, L’Auberge Carmel) for the property located on Monte Verde 2 northeast of 7th Avenue (APN 010- 191-005).
PASSED, APPROVED AND ADOPTED BY THE HISTORIC RESOURCES BOARD OF THE CITY OF CARMEL-BY-THE-SEA this 24TH day of January, 2022, by the following vote:
Attachment 6
Resolution No. 2022-001-HRB
AYES: CHROMAN, DYAR, GUALTIERI, HALL, POMEROY
NOES:
ABSENT:
ABSTAIN:
APPROVED: ATTEST:
_________________________ _________________________
Erik Dyar Margi Perotti
Chair Historic Resources Board Secretary
Attachment 6
L’AUBERGE CARMEL
1 Monte Verde Street at Seventh Ave.
Photos by Jenna Tyndall from Wald, Ruhnke and Dost Architects (June 28, 2021) Photo #1, Main façade looking South along Monte Verde
Photo #2, Main façade looking North along Monte Verde
Attachment 7
Photo #3, North elevation looking from City Hall parking lot Photo #4, Partial South elevation looking from Seventh Avenue Attachment 7
Photo #5, radial plaster cracking at Southwest building corner Photo #6, holes in foundation, plaster and tile at Southwest corner Attachment 7
Photo #7, hairline cracking in plaster above double windows by main entry Photo #8, radial cracking in plaster above main entry doors.
Attachment 7
Photo #9, holes in foundation near Northwest building corner Photo #10, cracked step/foundation at Northwest building corner Attachment 7
Photo #11 window sill at North side of building
Photo #12, bent/damaged flashing at second level opening Attachment 7
Photo #10, weathered/oxidized roofing at central courtyard Photo #11, damaged rafter tails at roof as seen from courtyard Attachment 7
Photo #12, rotted supports at exterior planter box
Photo #13, damaged downspout (typical condition at perimeter) Attachment 7
Photo 14, Water damage at upper-level balcony
Attachment 7
Photo 15, Existing retaining wall
Attachment 7
Photo 16, temporary surfact drainage at courtyard
Attachment 7
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report
March 1, 2022
ADJOURNMENT
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Yashin Abbas, Interim City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:
RECOMMENDATION:
BACKGROUND/SUMMARY:
FISCAL IMPACT:
PRIOR CITY COUNCIL ACTION:
ATTACHMENTS:
Correspondence Received #1
Correspondence Received #2
Correspondence Received #3
Please vote to approve consulting support contract outlined in item 9 on the 3/1/22 consent agenda
1 message
paul j munsch <[email protected]>
To: [email protected]
Council Members,
Tue, Mar 1, 2022 at 8:33 AM
My Wife and I own a home in Carmel By-The-Sea at San Carlos 5 NE of Santa Lucia. Please vote to award a Professional Services Agreement to Winter & Company for Consulting Support as outlined in item 9 of the Consent Agenda for 3/1/22 Council Meeting.
We believe Carmel tax payers deserve better representation relating to preserving the architectural charm of Carmel.
Paul & Kathleen Munsch
Sent from my iPad
Attachment 1
Emailed comments for the March Council Meeting - please distribute to City Council Members
1 message
'Laura Spiegelman' via cityclerk <[email protected]> Reply-To: Laura Spiegelman <[email protected]> To: [email protected]
City Council members,
Tue, Mar 1, 2022 at 8:09 AM
Please do not approve the proposed Forest Theater lease, without important modifications to mitigate noise pollution and public safety issues:
1 - Please include in the lease a preference for acoustic performances, a limit on how loud the amplification can be at the theater, and a limit on how many amplified performances are permitted per week, with required monthly reports on the decibel level of amplification throughout the month and on which performances are and are not amplified. The level of amplification often used at the theater in prepandemic seasons (particularly in the more commercial productions) puts significant noise pollution into the surrounding neighborhood.
For some it makes it impossible to enjoy performances at the theater at all, while subjecting the neighborhood to chaotic noise pollution. Unlike a concert or even a non-amplified musical theater production or a play, some of the over-amplified productions are a jumble of clips of different noises that are loud, chaotic, and disruptive in the surrounding area (no thread to follow just a jumble of loud noises amplified loudly into the surrounding residential zone). This is not like overhearing a concert (which also happens but is less of a concern because the sounds of concerts have been coherent). Instead, this is chaotic noise. It should be limited or eliminated. 2 - Please reduce the term of the lease to one or a maximum of two years (plus discretionary renewals). Five years and four months is far too long of a term when you consider how much greater the city's investment is in the improvements to the theater, and the issues surrounding excessive amplification and parking/public safety (see below). A shorter term would ensure that the city will have a greater ability to address community concerns with how the theater is being operated and its impact on the neighbors and the community (noise, parking/access for emergency vehicles in the surrounding area, etc.). 3 - I have personally observed emergency vehicles be hindered and delayed in responding to a health emergency of an elderly resident living in the immediate area surrounding the theater, due to theater parking blocking the road. Literally an ambulance was delayed (and the fire truck responding alongside it to the emergency was too) because of theater parking blocking its passage. I believe it should be an explicit term in the lease that the manager/lessee of the theater be required to devise, initiate, and fully support parking mitigation efforts in the interest of public safety. The theater could offer ticket discounts/rebates (for example) for proof of parking at Sunset Center instead of in the neighborhood, and other creative measures may be possible to encourage and reward walking, biking, etc. rather than clogging the neighborhood streets with cars. (This could also make it more likely that theatergoers driving from outside of town would patronize downtown businesses in connection with their theater visit.) Mitigating parking impacts outside the theater should be explicitly on the plate of the theater manager - as an obligation under the lease; otherwise, they do not have adequate incentive to manage this. In addition, the city should strongly consider banning non-resident parking within three blocks of the theater (or such longer radius as gets the cars over to the Sunset Center lot) during and in the hours surrounding performances. 4 - Do any of the improvements described in the lease whether city-funded or theater manager-funded involve making the sound system any louder? The city certainly should not commit to or make any such expenditure, and should prohibit this type of modification by the city-subsidized lease holder. The historic use of the theater cannot possibly have been so amplified as recent productions. We definitely should not be spending money on making the sound system louder, nor permitting a leaseholder to do so. 5 - Please include performance metrics in the lease related to noise and parking/public safety incidents and complaints to help align the subsidized leaseholder's interests with that of the community and ensure that the city is empowered to take action if community interests are not respected during the term of the lease. Metrics are important particularly in a longer-termed lease, but could also be used as criteria for extension in an appropriately shorter-termed lease.
Thank you for your time and attention in ensuring that the city's and its residents' vital interests are protected, by requiring modifications to the proposed lease as outlined above.
Best regards, Laura
Sent from typographically limited device. Please excuse typos and brevity.
Attachment 2
FRIENDS OF
MISSION TRAIL
Mayor Dave Potter
City Council Members
Box CC
City Hall
Carmel by the Sea, CA. 93921
FIE:rn !::i4rlir i i,, ! :'i:-j: !:r
March !,2022
RE: FY 22-23 CIP Consideration for Mission Trail Nature Preserve Dear Mayor Potter, and Members of the City Council,
On behalf of the Board of Friends of Mission Trail Nature Preserve, a City of CarmeFby-the-Sea support group, we are writing to ask for your endorsement for two priority Mission Trail Nature Preserve (MTNP) projects as part of the FY 22-23 Capital lmprovement Plan (ClP). These projects are (1) Dooliftle Trail repair including the addition of a new pedestrian bridge to address hiking hazards and erosion issues, and (2) Lester Rowntree Native Plant Garden restoration final design and construction drawings.
Further description of these projects is as follows:
Doolittle Trail Repair lncluding the Addition of a New Pedestrian Bridge ($11Z5qll As recommended in the 2019 Streambed Stability Stud% this project includes removing a section of concrete ford, decommissioning and restorinS an existing trail segment, and rerouting the trail with a new pedestrian bridge spanning the seasonal creek adjacent to the Laiolo Memorial Redwood Grove (Redwood Grove). This project "provides significant ecological benefits as well as functional, safety, and aesthetic improvements" as noted in the study. Please see the 2019 Streambed Stability Study Project 4 and C5 Site Plan Map for details, and for the project cost estimate including design and implementation of 5117,500. The Friends of Mission Trail Nature Preserve recently invested 524,807 in other improvements along the Doolittle Trail as advance work to this project including recontouring and reconstructing the trail, constructing 35 feet of new bridge decking, major ivy r€moval in the Redwood Grove and next to the Doolittle trailhead at Rio Rd., and removal of dead and invasive trees. lester Rowntree l{ative Plant Garden Restoration Final Design and Construction Drawings ($50,000) This project is to complete the Lester Rowntree Native Plant Garden restoration final design and construction drawings whh a proiect cost estimate of S50,00O. lt follows preparatory work and investment by the Friends of Mission Trail Nature Preserve including a $25,000 conceptual design and Ss,q)O topographical survey.
These two projects would build upon the civs progress in implementing the MTNP Master Plan while addresslng an imponant hiking hazard, and access and erosion issues adjacent to the Redwood Grove in which we are seeing increasing visitation following this past yea/s invasive ivy removal and clean up.
Visitation in the MTNP is at an alFtime high with both residents and visitors enjoying the open space and recreational respite the Preserve provides.
NATURE PRESERVE
Attachment 3
Attachment 3
The Friends of Mission Trail Nature Preserve greatly appreciates the ongoing attention the City has been providing to the Preserve and strongly encourages the City Council to build upon that track record by funding these two projects.
Sincerely,
Greg D Ambrosio
Vice President
Friends of Mission Trail Nature Preserve
(As authorized by the Board on February 28,20221
Marsha Zelus, Greg D'Ambrosio, DouE Schmitz, MaryAnne Lloyd, Skip Lloyd, Scott Lonertan, Laura Bowling
Attachment 3
Attachment 3