CITY COUNCIL REGULAR MEETING
JOINT SAND CITY COUNCIL AND
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
TUESDAY, JANUARY 21, 2025
5:30 PM
1 AGENDA
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
City Council Regular Meeting - Tuesday, January 21, 2025 5:30 PM
THIS MEETING WILL BE HELD VIRTUALLY AND IN PERSON, IS COMPLIANT WITH ASSEMBLY BILL (“AB”) 2449, SIGNED INTO LAW ON SEPTEMBER 13, 2022, WHICH AMENDS GOVERNMENT CODE SECTION 54953 TO PROVIDE AUTHORITY FOR PUBLIC
AGENCIES TO CONTINUE TO HOLD VIRTUAL MEETINGS AND REMAIN IN COMPLIANCE WITH THE BROWN ACT (GOV. CODE §§ 54950 ET SEQ.).
TO PARTICIPATE IN THE ZOOM COUNCIL WEBINAR LIVE:
https://us02web.zoom.us/j/88349100938
Webinar ID: 883 4910 0938
To participate telephonically by calling the number below:
(669) 900-6833
Webinar ID: 883 4910 0938#
If prompted to enter a participant ID, press #
TO PARTICIPATE IN PERSON:
City Hall Council Chamber
1 Pendergrass Way
Sand City, CA
How to submit written Public Comments:
If any member of the public would like to provide written comments at the meeting, please do as set forth below.
Written: All comments received before 8:00 am the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Council members at the meeting. Please email your comments to: [email protected].
Read Aloud During the Meeting: Email your comments to [email protected]. When the Mayor opens the public comment period for the relevant agenda item; please indicate the agenda item and title in your email subject line. If you want your comment read aloud, prominently write “Read Aloud at Meeting” at the top of the email and your comments will be read into the record (not to exceed three minutes at staff’s cadence). 2 1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER
4. COMMUNICATIONS
Members of the public may address the City Council/Successor Agency on matters not appearing on the City Council/Successor Agency Agenda at this time for up to three minutes. In order that the City Clerk may later identify the speaker in the minutes of the meeting, it is helpful if speakers state their names. Public comments regarding items on the scheduled agenda will be heard at the time the item is being considered by the City Council/Successor Agency. The City Council Chambers podium is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise the City Clerk as to which item you would like to comment on and the microphone will be brought to you.
5. CONSENT CALENDAR
The Consent Agenda consists of routine items for which City Council approval can be taken with a single motion and vote. A Council member may request that any item be placed on the Regular Agenda for separate consideration.
5A. Approve a Resolution of the Sand City Joint Powers Financing Authority Confirming its Officers
Staff Report
Resolution
Public Agencies Filing
5B. Approve a Resolution Confirming Members of the Sand City Arts Committee Memo
Resolution
5C. Approve a Resolution Appointing Mary Ann Schicketanz to the Design Review Committee
Staff Report
Resolution
5D. Approve a Resolution Ratifying Appointments to Various Local and Regional Agencies and Boards Effective January 21, 2025
Memo
Resolution
Appointments List
DURING EACH MEETING, members of the public may participate by calling and speaking live during the designated time(s), subject to time limits that may be imposed pursuant to the Brown Act at the number provided above. Please use the "raise your hand" option on Zoom, and the City Clerk will call on your name.
3 5E. Acceptance of City/Successor Agency Financial Reports from October 2024 Staff Report
October 2024 Cash Register Activity Report
October 2024 Check Report
October 2024 Check Report Successor Agency
5F. Acceptance of City/Successor Agency Financial Reports from November 2024 Staff Report
November 2024 Cash Receipt Report
November 2024 Check Report
November 2024 Check Report - Successor Agency
6. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
7. PRESENTATION
7A. 2025-2029 Urban County Community Development Block Grant (CDBD) Consolidated Action Plan Estimated Funding Presentation: Dawn Yonemitsu, Monterey County Housing and community Development
2025-2029 Urban County Presentation
7B. Street Paving Plan Update Presentation: Leon Gomez, City Engineer
8. PUBLIC HEARING
8A. Approve a Resolution Approving Conditional Use Permit (CUP 24-077) and Site Plan for Smooth Coffee Co Coffee Roasters to Operate a Direct-to-Consumer and Wholesale Roasting Production Operation Within an Existing Building at 748 California Avenue
Staff Report
Resolution
EXHIBIT 1A Findings of Approval
EXHIBIT 1B Conditions of Approval
Exhibit 2 Location Map
Exhibit 3 Aerial Map
Exhibit 4 Site Photo
Exhibit 5 Topographic Survey
Exhibit 6 Floor Plan
Exhibit 7 Letter of Intent
Exhibit 8 Hazardous Material Questionnaire
8B. Approve a Resolution Approving Conditional Use Permit (CUP 23-007) and Site Plan for Temporary Truck Storage (Phase I) and a Food Truck Park and Community Event Space (Phase II) ("The Yard") at 725 Dias Avenue Staff Report
Resolution
4 EXHIBIT 1A Findings
EXHIBIT 1B CoA
Exhibit 2 Location Map
Exhibit 3 Aerial Map
Exhibit 4 Site Photos
Exhibit 5 Site Plan
Exhibit 6 Letter of Intent
Exhibit 7 Hazardous Materials Questionnaire
9. NEW BUSINESS
9A. Approve a Resolution Approving and Adopting a Tickets and Passes Distribution Policy
Staff Report
Resolution
Tickets and Passes Policy
10. COMMENTS BY COUNCILMEMBERS ON ITEMS OF INTEREST TO SAND CITY
11. ADJOURNMENT
The current agenda is available in PDF format on our website at:
www.sandcity.org
If you have a request for a disability-related modification or accommodation, including auxiliary aids or services, which will allow you to participate in a Sand City public meeting, please call the City Clerk at (831) 394-3054 extension 220, or give your written request to the City Clerk at 1 Pendergrass Way, Sand City, CA 93955 at least 48 hours prior to the scheduled meeting to allow the City Clerk time to arrange for the requested modification or accommodation.
5 AGENDA ITEM
5A.
Approve a Resolution of the Sand City
Joint Powers Financing Authority
Confirming its Officers
6 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Kerry Lindstrom, City Clerk
SUBJECT: Confirmation of Joint Powers Financing Authority (JPFA) Officers DATE: January 21, 2025
______________________________________________________________________ BACKGROUND/DISCUSSION:
In accordance with Government Code Section 53051, the State of California requires that the governing body of each public agency file with the Secretary of State on a form prescribed by the Secretary of State a Statement of Facts Roster of Public Agencies Filing of its governing body. The Bylaws of the JPFA require that an annual meeting of the Directors of the Joint Powers Financing Authority must be held at the second regular meeting of the City Council of Sand City in November each year confirming its officers.
The second regular meeting of the City Council of Sand City in November was canceled and awaiting the 2024 election results of new officers, the annual meeting of the Authority is being held at the time of the second regular meeting in January 2025. This is merely an annual update to the Statement of Facts.
CEQA:
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
FISCAL IMPACT:
None.
RECOMMENDATION:
Approve the attached Resolution of the Sand City Joint Powers Financing Authority Confirming its Officers.
ATTACHMENTS:
1. Resolution of the Sand City JPFA Confirming its Officers
2. State of California Registry of Public Agencies Filing 7 SAND CITY JOINT POWERS FINANCING AUTHORITY
RESOLUTION NO. JPFA _____, 2025
RESOLUTION OF THE SAND CITY JOINT POWERS FINANCING AUTHORITY
CONFIRMING ITS OFFICERS
WHEREAS, the Bylaws (“Bylaws”) of the Sand City Joint Powers Financing Authority (the “Authority”) require the Directors of the Authority to hold an annual meeting at the time of the second regular meeting of the City Council of Sand City in November each year; and WHEREAS, the second regular meeting of the City Council of Sand City in November 2024 was canceled, the annual meeting of the Authority is being held at the time of the second regular meeting of the City Council of Sand City in January 2025.
NOW, THEREFORE, the Directors of the Authority do hereby resolve as follows:
1. The present members of the City Council of Sand City and staff are hereby confirmed as Directors of the Authority pursuant to Section 1.2 of the Bylaws of the Authority, as shown on the attached Statement of Facts:
Mary Ann Carbone, Chair
Jerry Blackwelder, Vice Chair
Michelle Adams, Board member
Marilee Diaz, Board member
Elizabeth Sofer, Board member
Kerry Lindstrom, Secretary
PASSED AND ADOPTED, by the City Council of the City of Sand City, this ___, day of ______, 2025 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________________
Mary Ann Carbone, JPFA Chair
ATTEST:
DATED: _________________________
_________________________________
Kerry Lindstrom, JPFA Secretary
8 SF-405 (REV 12/2019) 2019 California Secretary of State bizfile.sos.ca.gov
Secretary of State SF-405
This Space For Office Use Only
Registry of Public Agencies
(Government Code section 53051)
IMPORTANT — Read Instructions before completing this form.
There is No Fee for a Registry of Public Agencies filing Copy Fees – First page $1.00; each attachment page $0.50; Certification Fee - $5.00
1. Type of Filing (Check one.)
Initial Filing (first Registry of Public Agencies filing for an agency) Updated Filing (change to an existing Registry of Public Agencies record)
2. Agency Information
a. Full Legal Name of Public Agency
b. Nature of Update (complete if Updated Filing)
c. County d. Official Mailing Address
3. Chairperson, President, or Other Presiding Officer
a. Name b. Title
c. Business or Residence Address
4. Clerk or Secretary
a. Name b. Title
c. Business or Residence Address
5. Other Members of the Governing Board (Enter as many as applicable. Attach additional pages for additional members.) Name Business or Residence Address
Name Business or Residence Address
Name Business or Residence Address
Name Business or Residence Address
Name Business or Residence Address
6. Date and Sign Below (Additional members set forth on attached pages, if any, are incorporated herein by reference and made part of this Form SF-405, Registry of Public Agencies.)
______________ ___________________________________ ___________________________________________________ Date Signature Type or Print Name
9 SF-405 Instructions (REV 12/2019) 2019 California Secretary of State bizfile.sos.ca.gov
Instructions for Completing the
Registry of Public Agencies (Form SF-405)
The governing body of a public agency is required, within 70 days after the commencement of the agency’s legal existence, to file a specified statement of facts about the agency with the Secretary of State. This information is also required to be updated within 10 days of a change to it.
Fees:
• Filing Fee: There is no fee for a Registry of Public Agencies filing.
Copies: To obtain copies or certified copies of the filed document, include payment for copy fees and certification fees at the time the document is submitted. Copy fees are $1.00 for the first page and $0.50 for each additional page.
For certified copies, there is an additional $5.00 certification fee, per copy.
Payment Type: Check(s) or money orders should be made payable to the Secretary of State. Do not send cash by mail. If submitting the document in person in our Sacramento office, payment also may be made by credit card (Visa or Mastercard).
If you are not completing this form online, please type or legibly print in black or blue ink. Complete the Registry of Public Agencies (Form SF-405) as follows:
Item Instruction Tips
1. You must check the appropriate box
(check one).
• If this is the first Registry of Public Agencies filing for an agency, check “Initial Filing”.
• If this is a change to an existing Registry of Public Agencies record, check “Updated Filing”.
2a. Enter the full legal name of the public
agency.
2b. Indicate the nature of the update if this is
an updated filing.
• Leave this blank for initial filings.
• For updated filings, list information that has changed. 2c. Enter the county or counties in which the
agency operates.
• List as many as applicable. If additional space is required, attach additional pages.
2d. Enter the agency’s official mailing
address.
• The complete address is required, including the street name and number, city, state, and zip code.
• P.O. box is acceptable.
3a. Enter the Chairperson, President, or
Other Presiding Officer’s name.
3b. Enter the Chairperson, President, or
Other Presiding Officer’s official title.
• Include the full official title.
3c. Enter the Chairperson, President, or
Other Presiding Officer’s business or
residence address.
• A complete address is required, including the street name and number, city, state, and zip code.
4a. Enter the Clerk or Secretary’s name.
4b. Enter the Clerk or Secretary’s official
title.
• Include the full official title.
10 SF-405 Instructions (REV 12/2019) 2019 California Secretary of State bizfile.sos.ca.gov
4c. Enter the Clerk or Secretary’s business
or residence address.
• A complete address is required, including the street name and number, city, state, and zip code.
5. Enter the name and business or
residence of any other members of the
agency’s governing board, if applicable.
• A complete address is required, including the street name and number, city, state, and zip code.
• Attach additional pages if additional space is required.
6. Date, sign, and print the name of the
individual completing the form.
Where to File: Completed forms along with the applicable fees, if any can be mailed to Secretary of State, Special Filings Unit, P.O. Box 942870, Sacramento, CA 94277-2870 or delivered in person (drop off) to the Sacramento office, 1500 11th Street, 2nd Floor, Sacramento, CA 95814. This form is filed only in the Sacramento office.
Legal Authority: General statutory filing provisions are found in Section 53051. All statutory references are to the California Government Code, unless otherwise stated.
11 AGENDA ITEM
5B.
Approve a Resolution Confirming
Members of the Sand City Arts Committee
12 MEMO
TO: City Council
FROM: Mayor Mary Ann Carbone
SUBJECT: Confirming Members of the Sand City Arts Committee DATE: January 21, 2025
_______________________________________________________________________ BACKGROUND/DISCUSSION:
The Sand City Arts Committee was established in 1995 by Resolution SC 95-73 and is a body of 5 members that seek to bring a vision and commitment of the arts to Sand City.
Arts Committee appointments are considered on an annual basis and are appointed by the Mayor, ratified by the City Council, and re-appointed annually before the expiration of their term.
It is recommended that the Council approve the attached resolution confirming members of the Sand City Arts Committee whose appointments will be through January 31, 2026.
ATTACHMENTS:
1. Resolution
13 CITY OF SAND CITY
RESOLUTION SC 25-____, 2025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY CONFIRMING
MEMBERS OF THE SAND CITY ARTS COMMITTEE
WHEREAS, Resolution SC 95-73 established the structure and organization of the Sand City Arts Committee; and
WHEREAS, the Sand City Arts Committee is a body of five (5) members; and WHEREAS, the Arts Committee’s function is as outlined in Resolution SC 95-73, including to establish, promote, and enhance artistic endeavors within Sand City and to advise and make recommendations to City Council regarding same; and WHEREAS, according to Resolution SC 95-73, Art Committee members are appointed by the Mayor and ratified by the City Council; and
WHEREAS, Arts Committee appointments are considered on an annual basis and thereby require renewal by the City Council; and
WHEREAS, other volunteers who participate in Arts Committee events and meetings are considered “Friends of the Sand City Arts Committee” and not voting members.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Sand City as follows:
1. Membership for the Sand City Art Committee will be through January 31, 2026, subject to annual appointment and/or reappointment thereafter;
2. The Sand City Arts Committee will follow the policy and recommendations as outlined in Resolution SC 95-73;
3. The following have been recognized as the official Sand City Arts Committee members: Brian Clark, Michelle Djokic, Libby Sofer, Fred Saunders, and Shelby Hawthorne.
PASSED AND ADOPTED by the Sand City Council on this ____, day of ______, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_____________________________
Mary Ann Carbone, Mayor
ATTEST:
14 DATED: _______________________
______________________________
Kerry Lindstrom, City Clerk
15 AGENDA ITEM
5C.
Approve a Resolution Appointing Mary
Ann Schicketanz to the Design Review
Committee
16 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager
SUBJECT: Appointment to Fill Design Review Committee Vacancy DATE: January 21, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:
The Design Review Committee (DRC) is a City of Sand City standing advisory committee comprised of property owners, professionals and residents who specialize in architecture and landscape architecture. Appointees to the DRC serve a 2-year term. The DRC currently has two (2) vacancies.
Mary Ann Schicketanz has agreed to participate on the DRC. Mary Ann Schicketanz is the Founding Principal Architect, of Studio Schicketanz a full-service architecture, interior design, and consultancy firm based in Carmel, California. Mary Ann Schicketanz has been a practicing architect for more than three decades, with a portfolio spanning the Western United States, as well as Europe. She is known for creating designs that offer classic simplicity and natural elegance.
A leader in the integration of green design principles with strong thematic design concepts, her work is widely published and she frequently speaks on the subject. Mary Ann is a past president of AIA Monterey Bay and serves on the Board of the Philip Glass Center. Mary Ann Schicketanz has won numerous awards, the most recent of which is the 2024 Robert Stanton Award for her contribution to the profession of architecture on the Central Coast of California.
CEQA:
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
FISCAL IMPACT:
No fiscal impact.
RECOMMENDATION:
Staff recommends appointment of Mary Ann Schicketanz to the DRC with a term ending on January 31, 2027.
17 ATTACHMENTS:
1. Resolution
18 CITY OF SAND CITY
RESOLUTION SC 25-___, 2025
RESOLUTION OF THE CITY COUNCIL OF SAND CITY APPOINTING MARY ANN
SCHICKETANZ TO THE DESIGN REVIEW COMMITTEE
WHEREAS, the Sand City Design Review Committee (DRC) is a standing advisory committee appointed by the City Council of Sand City that conducts architectural and site design review of development projects in Sand City and participates in other design issues for the City; and
WHEREAS, the DRC consists of five (5) Committee Members comprised of local property owners, professionals, and residents specializing in architecture and landscape architecture; and
WHEREAS, the City received interest from Mary Ann Schicketanz, founding Principal Architect of Studio Schicketanz, a full-service architecture, interior design, and consultancy firm; and
WHEREAS, candidate Mary Ann Schicketanz is sufficiently able to function and serve on the DRC for the full 2-year term ending on January 31, 2027; NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby appoint Mary Ann Schicketanz, Principal Architect, to the DRC for a full 2-year term lasting until January 31, 2027
PASSED AND ADOPTED by the City Council of the City of Sand City this ___, day of _____, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
19 20
AGENDA ITEM
5D.
Approve a Resolution Ratifying
Appointments to Various Local and
Regional Agencies and Boards Effective
January 21, 2025
21 MEMO
TO: City Council
FROM: Mary Ann Carbone, Mayor
SUBJECT: Update the Local and Regional Agency Appointments for 2025 DATE: January 21, 2025
_______________________________________________________________________ BACKGROUND/DISCUSSION:
Each year, the City Council appoints Council and staff to serve on various local and regional agencies throughout Monterey County. The appointed representatives serve to represent the City of Sand City on various local and regional agency boards.
Attached is the proposed list of the designated representatives to serve on those committees.
It is recommended that the Council approve the attached resolution ratifying the appointments for the year 2025.
ATTACHMENTS:
1. Resolution
2. 2025 Sand City Appointments List
22 CITY OF SAND CITY
RESOLUTION SC 25- , 2025
RESOLUTION OF THE CITY COUNCIL OF SAND CITY RATIFYING APPOINTMENTS
TO VARIOUS LOCAL AND REGIONAL AGENCIES AND BOARDS EFFECTIVE JANUARY 21, 2025
WHEREAS, the Sand City Council appoints representatives who represent the City of Sand City on certain committees and regional entities; and WHEREAS, the attached Sand City Appointments List reflects staff and Council appointments to various agencies and organizations; and WHEREAS, the attached Sand City Appointments List has been updated to reflect the changes to appointments of those who have expressed their desire to serve on various agencies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City hereby approves the appointments including changes as listed on the 2025 Sand City Appointments List attached hereto and incorporated herein by this reference.
PASSED AND ADOPTED by the City Council this ___ day of ____, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED:
__________________________
Kerry Lindstrom, City Clerk
23 Agency Appointed Members Agency
Telephone
AMBAG Board: Mayor Mary Ann Carbone; Marilee
Diaz
883-3750
2nd Wednesday each month @
6:00 p.m.
Technical/Planning: City Manager Vibeke
Norgaard; Staff: EMC (Contract Planning
staff)
AMBAG: Regional Analysis and
Planning Services(RAPs)
Mayor Mary Ann Carbone 883-3750
Airport Land Use Commission Board: Mayor Mary Ann Carbone (Appointment by MCMA)
755-5066
4th Monday each month @ 3:00
p.m.
Community Human Services Board: Mayor Mary Ann Carbone 899-4131 3rd Thursday each month @
11:00 a.m.
Alternate: Libby Sofer
Finance: Mary Ann Carbone
League of CA Cities - Legislative
Liaison Team
Mayor Mary Ann Carbone, President
Monterey Bay Division (Elected)
915-8293
MBASIA City Manager Vibeke Norgaard
Alternate: HR/Risk Manager Audrey Cray
394-3054
Quarterly or as Needed
MC Convention & Visitors
Bureau
Community Relations: Marilee Diaz
Alternate: Libby Sofer
831-657-
6409
Quarterly or as Needed
Monterey One Water Chair: Mayor Mary Ann Carbone;
Alternate: Jerry Blackwelder
372-3367
last Monday of each month @
6:00 p.m.
Monterey Bay Air Resources
District
Mayor Mary Ann Carbone 647-9411
3rd Wednesday, every other
month @ 1:30 pm
24 Mosquito Abatement District Mayor Mary Ann Carbone 373-2483 2nd Tuesday @ 12:00 Noon Alternate: Michelle Adams
Monterey County Business
Council
Marilee Diaz 833-9443
Monterey County Mayor's
Association
Mayor Mary Ann Carbone 429-6605
1st Friday of each month @
12:00 pm
Alternate: Jerry Blackwelder
Monterey County Integrated
Waste Management
Public Works Manager Mark Parker 755-8909
Monterey Peninsula Chamber
of Commerce; Government
Affairs Committee
Board: Marilee Diaz 648-5360
2nd Monday of each month at
3:30 pm
Alternate: Michelle Adams
Monterey-Salinas Transit
District (MST)
Chair: Mayor Mary Ann Carbone
Alternate: Michelle Adams
1-888-678-
8271
2nd Monday of each month
@10:00 a.m.
Monterey Regional
Stormwater Management
Program
City Engineer Leon Gomez 646-3799
4th Wednesday of every month
@10:00 a.m.
ReGen Monterey Jerry Blackwelder
Alternate: Mayor Mary Ann Carbone
384-
5313/755-
8923
3rd Friday each month @ 9:30
a.m.
Tech Comm: City Manager Vibeke
Norgaard; Public Works Manager Mark
Parker
ReGen Monterey Policy Advisory: Jerry Blackwelder
Technical Advisory: City Manager Vibeke
Norgaard
658-5600
3rd Monday of each month @
7:00 p.m.
25 Seaside County Sanitation
District
Jerry Blackwelder 899-6200
2nd Tuesday of each month @
9:30 a.m.
Alternate: Mayor Mary Ann Carbone
Transportation Agency of
Monterey County (TAMC)
Board: Mayor Mary Ann Carbone
Alternate: Jerry Blackwelder
BIKE: Libby Sofer
RAIL: Mayor Mary Ann Carbone
TAC: City Engineer Leon Gomez,/City
Manager Vibeke Norgaard
755-0903
4th Wednesday of each month
@ 9:00 a.m.
TAC: 1st Thursday of each
month
WaterMaster Board
(Seaside Groundwater Basin)
Mayor Mary Ann Carbone;
Alternate: City Manager Vibeke Norgaard
641-0113
1st Wednesday of each month
@ 1:30 p.m.
TAC: Mayor Mary Ann Carbone / City
Engineer Leon Gomez; City Manager
Vibeke Norgaard
Budget: Mayor Mary Ann Carbone
Sand City Subcommittees (AdHoc)
City Specials Events Advisory
Committees
Mayor Mary Ann Carbone; Michelle
Adams
Staff: City Manager Vibeke Norgaard;
Records Coordinator Laura Morales
Website Committee Marilee Diaz; Jerry Blackwelder
Staff: City Manager Vibeke Norgaard;
EMC (Contract Planning staff)
Sand City Standing Advisory
Committees
Budget & Personnel Chair: Mayor Mary Ann Carbone; Marilee Diaz
Staff: City Manager Vibeke Norgaard
Arts Committee Chair vacant
1 - Year Appointment Brian Clark Term Ends
1/31/2026
Michelle Djokic Term Ends
1/31/2026
Shelby Hawthorne Term Ends
1/31/2026
Fred Saunders Term Ends
1/31/2026
26 Libby Sofer Terms Ends
1/31/2026
Staff: City Manager Vibeke Norgaard
Design Review Committee Chair: Vacant
2 - Year Appointment Chris Barlow, Architect Term Ends
1/31/2026
Libby Sofer, Resident Term Ends
1/31/2026
Paul Davis Jr., Architect Term Ends
1/31/2026
Mary Ann Schicketanz, Architect Term Ends
1/31/2026
Staff: City ManagerVibeke Norgaard;
EMC (Contract Planning staff)
Term Ends
1/31/2027
Housing Committee Marilee Diaz; Jerry Blackwelder Staff:City Manager Vibeke Norgaard; EMC
(Contract Planning staff)
Public Safety/Public Works Jerry Blackwelder; Michelle Adams Staff: City Manager Vibeke Norgaard;
Public Works Manager Mark Parker,
Police Chief David Honda
West End Oversight
Committee
Mayor Mary Ann Carbone; Libby Sofer
City Manager Vibeke Norgaard
Police Chief David Honda
27 AGENDA ITEM
5E.
Acceptance of City/Successor Agency
Financial Reports from October 2024
28 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council/Successor Agency Board Members FROM: Jennifer Pope, Finance Manager
SUBJECT: October 2024 Financial Report
DATE: January 21, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:
Attached are the financial reports for the City of Sand City and the Sand City Successor Agency of the former Redevelopment Agency.
A. City of Sand City Reports
a. Cash Register Activity Report, October 2024 (Attachment 1) Revenue total - $1,068,134
b. Check Report, October 2024 (Attachment 2)
Expenditure total - $402,644
B. Sand City Successor Agency for the former Redevelopment Agency Reports a. Cash Register Activity Report, October 2024
Revenue total - $0
b. Check Report, October 2024 (Attachment 3)
Expenditures total - $131,557
Transfers
Transfers are shown in the Month End Cash Register Activity Report; they are transfers from one bank account to another and should not be considered as a revenue or expenditure.
Date Source Amount Description
There were no transfers in October 2024.
CEQA:
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
FISCAL IMPACT:
There is no fiscal impact with receiving this report.
RECOMMENDATION:
29 Receive the report.
ATTACHMENTS:
1. Sand City Month End Cash Register Activity Report
2. Sand City Check Report
3. Successor Agency Check Report
30 Period Post Date Receipt Receipt Date Description Debit Acct Credit Acct Amount paid 24-Oct 10/1/2024 29940 10/1/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Oct 10/1/2024 29941 10/1/2024 TOT TAX 99 1001 10 4034 00 984.59 24-Oct 10/1/2024 29942 10/1/2024 UTILITY USERS TAX 99 1001 10 4025 00 1,237.87 24-Oct 10/1/2024 29943 10/1/2024 UTILITY USERS TAX 99 1001 10 4025 00 35.32 24-Oct 10/1/2024 29944 10/1/2024 UTILITY USERS TAX 99 1001 10 4025 00 0.33 24-Oct 10/1/2024 29945 10/1/2024 UTILITY USERS TAX 99 1001 10 4025 00 16,943.84 24-Oct 10/1/2024 29946 10/1/2024 BUSINESS LICENSE 99 1001 10 4055 00 447,737.74 24-Oct 10/1/2024 29947 10/1/2024 RENTAL INCOME 99 1001 10 4740 00 1,699.59 24-Oct 10/1/2024 29948 10/1/2024 BUILDING PERMIT 4115 99 1001 10 4115 06 203.00 24-Oct 10/1/2024 29948 10/1/2024 CBSC FEE - SB1473 99 1001 10 2012 1.00 24-Oct 10/1/2024 29949 10/1/2024 BUILDING PERMIT 4115 99 1001 10 4115 06 203.00 24-Oct 10/1/2024 29949 10/1/2024 CBSC FEE - SB1473 99 1001 10 2012 1.00 24-Oct 10/1/2024 29950 10/1/2024 UTILITY USERS TAX 99 1001 10 4025 00 3,353.50 24-Oct 10/1/2024 29951 10/1/2024 TRANSACTION/USE TAX 99 1001 10 4032 00 319.01 24-Oct 10/1/2024 29952 10/1/2024 TRANSACTION/USE TAX 99 1001 10 4032 00 3.82 24-Oct 10/1/2024 29953 10/1/2024 TRANSACTION/USE TAX 99 1001 10 4032 00 343,107.93 24-Oct 10/1/2024 29954 10/1/2024 SALES TAX RECEIVED 99 1001 10 4030 00 247,672.75 24-Oct 10/1/2024 29955 10/1/2024 TEMPORARY USE PERMIT 99 1001 10 4126 05 250.00 24-Oct 10/1/2024 29956 10/1/2024 ENGINEERING FEES 99 1001 10 4160 11 435.00 24-Oct 10/1/2024 29957 10/1/2024 PLAN CHECK FEE 4165 99 1001 10 4165 06 3,081.33 24-Oct 10/1/2024 29958 10/1/2024 PLAN CHECK FEE 4165 99 1001 10 4165 06 448.83 24-Oct 10/1/2024 29959 10/1/2024 SQUARE FEES 99 1001 10 2116 (5.16) 24-Oct 10/3/2024 29960 10/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Oct 10/3/2024 29961 10/3/2024 SAND CITY PARKING 99 1001 10 4221 08 10.00 24-Oct 10/3/2024 29962 10/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Oct 10/3/2024 29963 10/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Oct 10/3/2024 29964 10/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Oct 10/3/2024 29965 10/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Oct 10/3/2024 29966 10/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Oct 10/3/2024 29967 10/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Oct 10/3/2024 29968 10/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Oct 10/3/2024 29969 10/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Oct 10/3/2024 29970 10/3/2024 SAND CITY PARKING 99 1001 10 4221 08 10.00 24-Oct 10/3/2024 29971 10/3/2024 SQUARE FEES 99 1001 10 2116 (0.38) Total Cash Register Activity 1,068,133.91
City of Sand City
Month End Cash Register Activity Report
Reporting Period: 10/24
31 Vendor Number Payment Amount Number
600 40001
13268.1 40002
120 40003
527.94 40004
100 40005
161.58 40006
202.72 40007
242.23 40008
-350 40009
350 40009
288 40010
100 40011
100 40012
1000 40013
100 40014
100 40015
306.91 40016
276.53 40017
56.45 40018
224.86 40019
10.58 40020
3725 40021
131.63 40022
32500 40023
100 40024
360 40025
100 40026
4619.19 40027
100 40028
100 40029
100 40030
100 40031
40 40032
18640.46 40033
100 40034
100 40035
72 40036
17268.99 40037
40 40038
100 40039
1244 40040
2253.67 40041
228.54 40042
245.45 40043
100 40044
178.57 40045
245 40046
100 40047
2244.23 40048
933.92 40049
100 40050
1000 40051
540.81 40052
128.86 40053
100 40054
4516.83 40055
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
TLL01 Windham, Zeny 10/21/2024 Regular
USB01 U.S. Bank Corp Payment Systems 10/25/2024 Regular TYL03 Tyler Business Forms 10/21/2024 Regular
VER01 Verizon Wireless 10/21/2024 Regular
TAC01 Tacos Don Beto 10/21/2024 Regular
HER01 The Monterey County Herald 10/21/2024 Regular
STU02 Sturdy Oil Company 10/21/2024 Regular
SUN02 Sun Life Financial 10/21/2024 Regular
SPC01 SPCA 10/21/2024 Regular
SPI01 Spice It Up Catering 10/21/2024 Regular
SEA16 Randy Seamoss, LLC. 10/21/2024 Regular
SHA03 Shamrock Office Solutions 10/21/2024 Regular
OFF03 ODP Business Solutions 10/21/2024 Regular
PET01 Petty Cash- Cashed by Shannon Norton 10/21/2024 Regular MCW01 Monterey County Weekly 10/21/2024 Regular
MON04 Monterey Tire Service, Inc. 10/21/2024 Regular
MOU01 Michael Mount 10/21/2024 Regular
BIG04 Mina Samaan 10/21/2024 Regular
DIA01 Marilee Diaz 10/21/2024 Regular
MEY01 Meyers Nave, Corporation 10/21/2024 Regular
BRA02 Lugano Swiss Bistro 10/21/2024 Regular
MBC02 Maria Bertilia Mojica 10/21/2024 Regular
MOR07 Laura Morales 10/21/2024 Regular
LEH01 Lehr 10/21/2024 Regular
0 0
LAP01 La Papa Pd, Inc. 10/21/2024 Regular
WEB02 Lai Huynh 10/21/2024 Regular
IND01 India Gourmet 10/21/2024 Regular
MAI03 Koichi Shuraku 10/21/2024 Regular
MRF01 Hossameldin F. Hassan 10/21/2024 Regular
HUM02 Humana Insurance Company 10/21/2024 Regular
ABB01 Frank Abbruzzetti 10/21/2024 Regular
HDL02 HDL Companies, LLC. 10/21/2024 Regular
FED01 Federal Express 10/21/2024 Regular
FLO03 Flock Safety 10/21/2024 Regular
SOF02 Elizabeth A. Sofer 10/21/2024 Regular
ELS01 ELS Architecture and Urban Design 10/21/2024 Regular COR05 Corodata Records Management 10/21/2024 Regular
DEL04 Dell Marketing L.P. C/O Dell USA L.P. 10/21/2024 Regular COM11 Comcast 10/21/2024 Regular
COR01 Corbin Willits Systems 10/21/2024 Regular
LAK01 Cody Lake 10/21/2024 Regular
COF02 Coffee Tree 10/21/2024 Regular
CEN07 Central Coastan Pizza, LLC 10/21/2024 Regular
CIT11 City of Del Rey Oaks 10/21/2024 Regular
CLE01 California Law Enforcement Association 10/21/2024 Regular CAS06 Casas De Humo Barbecue 10/21/2024 Regular
CHA04 California Highway Adoption Co. 10/21/2024 Regular CHA04 California Highway Adoption Co. 10/21/2024 Regular ATT03 AT&T 10/21/2024 Regular
BCM01 BCM One, Inc 10/21/2024 Regular
OlI01 Alejandro Tuesta 10/21/2024 Regular
ASC01 American Supply CO 10/21/2024 Regular
A&R01 A & R Plumbing, Inc 10/21/2024 Regular
AFL01 Aflac 10/21/2024 Regular
NUN01 Nuna's Grill and Prime Seafood, LLC 10/08/2024 Regular 4LE01 4Leaf, Inc. 10/21/2024 Regular
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Bank Code: Mechanics - General-Mechanics Bank - General Pooled Cash Check Report
City of Sand City By Check Number
Date Range: 10/01/2024 - 10/31/2024
Vendor Name Payment Date Payment Type Discount Amount
32 Vendor Number Payment Amount Number
Bank Code: Mechanics - General-Mechanics Bank - General Pooled Cash Check Report
City of Sand City By Check Number
Date Range: 10/01/2024 - 10/31/2024
Vendor Name Payment Date Payment Type Discount Amount
2557.5 40057
133.85 40058
202.72 40059
1015.03 40060
838.57 40061
4250 40062
700 40063
256 40064
770 40065
4875 40066
678.71 40067
276.53 40068
61.75 40069
195 40070
488.91 40071
6620.61 40072
73.96 40073
1072.5 40074
113495.79 40075
437.91 40076
1288.11 40077
64740 40078
1386 40079
690.08 40080
6175 40081
4437.38 40082
209.06 40083
5026.17 40084
47.68 40085
775.56 40086
17715.46 40087
139.88 40088
574.99 40089
3196.8 40090
819 40091
308.16 40092
545.39 40093
958.48 40094
286.04 40095
3262.97 40096
98.45 40097
597 40098
2840 40099
170.9 40100
789.7 40101
933.92 40102
1009.62 40103
20000 40104
6429.17 40105
24.47 40106
563.88 40107
1898 40108
0 5813 40109
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
WHI01 Whitson Engineers 10/30/2024 Regular
ESC01 Lawrence Escobar 10/30/2024 Regular
VER01 Verizon Wireless 10/30/2024 Regular
VES01 Vestis 10/30/2024 Regular
CAM03 Talking Walls, LLC 10/30/2024 Regular
TYL02 Tyler Technologies, Inc. 10/30/2024 Regular
SUN02 Sun Life Financial 10/30/2024 Regular
SWE01 Sweeper Shop 10/30/2024 Regular
SHA03 Shamrock Office Solutions 10/30/2024 Regular
STA03 Star Sanitation, LLC 10/30/2024 Regular
PUB01 Public Storage 10/30/2024 Regular
SAN01 Sand City Police Officers & Dept. Employees As 10/30/2024 Regular PGE01 Pacific Gas & Electric 10/30/2024 Regular
PET01 Petty Cash- Cashed by Shannon Norton 10/30/2024 Regular MON04 Monterey Tire Service, Inc. 10/30/2024 Regular
NAP01 Napa Auto Parts 10/30/2024 Regular
0 MRW02 Monterey Regional Waste Management Distric 10/30/2024 Regular 0 0 0
0 MOW01 Monterey One Water 10/30/2024 Regular
MBT01 Monterey Bay Technologies, Inc. 10/30/2024 Regular MCW01 Monterey County Weekly 10/30/2024 Regular
LIN01 Matrix Telecom, LLC 10/30/2024 Regular
MOB02 Mobile Modular 10/30/2024 Regular
LEG01 Legal Notification Services, Inc. 10/30/2024 Regular LEH01 Lehr 10/30/2024 Regular
BAL05 Jerod Balthrop 10/30/2024 Regular
LAP02 LA Police Gear 10/30/2024 Regular
HUM02 Humana Insurance Company 10/30/2024 Regular
BUS05 Jeff Bushnell 10/30/2024 Regular
HOM01 Home Depot Credit Service 10/30/2024 Regular
HOP01 Hope Services 10/30/2024 Regular
HAR06 Harris & Associates, Inc 10/30/2024 Regular
HDL01 HDL Coren & Cone 10/30/2024 Regular
EWI02 Ewing Irrigation Products, Inc 10/30/2024 Regular FIR03 First Alarm Security and Patrol, Inc 10/30/2024 Regular ELS01 ELS Architecture and Urban Design 10/30/2024 Regular EMC02 EMC Planning Group, Inc. 10/30/2024 Regular
DEP01 Department of Conservation 10/30/2024 Regular
VIS01 Elan Financial Services 10/30/2024 Regular
COS02 Costco Membership 10/30/2024 Regular
CYP04 Cypress Coast Ford 10/30/2024 Regular
COR01 Corbin Willits Systems 10/30/2024 Regular
COR04 Corodata Shredding, Inc 10/30/2024 Regular
CLA03 CliftonLarsonAllen 10/30/2024 Regular
COM11 Comcast 10/30/2024 Regular
CLE01 California Law Enforcement Association 10/30/2024 Regular CSD01 California State Disburse Unit 10/30/2024 Regular CAL15 California Consulting, Inc 10/30/2024 Regular
CHA04 California Highway Adoption Co. 10/30/2024 Regular ATT05 AT&T Mobility 10/30/2024 Regular
CAL01 California American Water 10/30/2024 Regular
ALH01 Alhambra 10/30/2024 Regular
ATT03 AT&T 10/30/2024 Regular
4LE01 4Leaf, Inc. 10/30/2024 Regular 0
33 Vendor Number Payment Amount Number
Bank Code: Mechanics - General-Mechanics Bank - General Pooled Cash Check Report
City of Sand City By Check Number
Date Range: 10/01/2024 - 10/31/2024
Vendor Name Payment Date Payment Type Discount Amount
-350.00
0.00 0.00
0.00 108 110 0.00 402,643.71
Bank Drafts 0 0 0.00
EFT's 0 0 0.00
Manual Checks 0 0 0.00
Voided Checks 0 2 0.00
Bank Code Mechanics - General Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 108 108 0.00 402,993.71
34 Vendor Number Payment Amount Number
65,175.5 2310
59,628.77 2311
1,215 2312
3,237.5 2313
2,300 2314
Check Report
City of Sand City Successor Agency By Check Number
Date Range: 10/01/2024 - 10/31/2024
Vendor Name Payment Date Payment Type
Bank Code: Mechanics - SA-Mechanics Bank - Successor Agency MEY01 Meyers Nave, Corporation 10/30/2024 Manual
Check Report Date Range: 10/01/2024 - 10/31/2024
RSG01 RSG 10/30/2024 Manual
USB02 US Bank- Corporate Trust Services 10/30/2024 Manual MEY01 Meyers Nave, Corporation 10/30/2024 Manual
RSG01 RSG 10/30/2024 Manual
Bank Code Mechanics - SA Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 0 0 0.00 0.00
Bank Drafts 0 0 0.00
EFT's 0 0 0.00
Manual Checks 5 5 0.00
Voided Checks 0 0 0.00
5 5 0.00 131,556.77
0.00 131,556.77
0.00 0.00
0 0
0 0
0 Discount Amount
35 AGENDA ITEM
5F.
Acceptance of City/Successor Agency
Financial Reports from November 2024
36 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council/Successor Agency Board Members FROM: Jennifer Pope, Finance Manager
SUBJECT: November 2024 Financial Report
DATE: January 21, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:
Attached are monthly financial reports for the City of Sand City and the Sand City Successor Agency of the former Redevelopment Agency.
A. City of Sand City Reports
a. Cash Receipt Report, November 2024 (Attachment 1)
Revenue total - $1,577,060
b. Check Report, November 2024 (Attachment 2)
Expenditure total - $231,474
B. Sand City Successor Agency for the former Redevelopment Agency Reports a. Cash Receipt Report, November 2024
Revenue total - $0
b. Check Report, November 2024 (Attachment 3)
Expenditures total - $207,419
Transfers
Transfers are shown in the Cash Receipt Report; they are transfers from one bank account to another and should not be considered as a revenue or expenditure.
Date Source Amount Description
There were no transfers in November 2024.
CEQA:
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
FISCAL IMPACT:
There is no fiscal impact with receiving this report.
RECOMMENDATION:
Receive the report.
37 ATTACHMENTS:
1. Sand City Cash Receipt Report
2. Sand City Check Report
3. Sand City Successor Agency Check Report
38 Period Receipt Date Receipt Number Transaction Description Amount 24-Nov 11/8/2024 R00000038 Business License 9,795.93
24-Nov 11/8/2024 R00000029 Gas Tax 2103 353.86
24-Nov 11/25/2024 R00000104 Gas Tax 2103 271.68
24-Nov 11/8/2024 R00000029 Gas Tax -2105 31 222.63
24-Nov 11/25/2024 R00000104 Gas Tax -2105 31 204.08
24-Nov 11/8/2024 R00000029 Gas Tax 2106 32 497.12
24-Nov 11/25/2024 R00000104 Gas Tax 2106 32 491.06
24-Nov 11/8/2024 R00000029 Gax Tax- 2107 33 304.97
24-Nov 11/25/2024 R00000104 Gax Tax- 2107 33 278.48
24-Nov 11/14/2024 R00000082 Building Permit 4115 446.00 24-Nov 11/14/2024 R00000084 Building Permit 4115 690.50 24-Nov 11/25/2024 R00000102 Cable Franchise 1,151.61
24-Nov 11/25/2024 R00000103 Cable Franchise 240.33
24-Nov 11/8/2024 R00000035 COPS Grant 8,333.33
24-Nov 11/8/2024 R00000039 COPS Grant 8,333.33
24-Nov 11/8/2024 R00000041 COPS Grant 94,663.46
24-Nov 11/25/2024 R00000098 Criminal PC1463/City Fines 124.69 24-Nov 11/25/2024 R00000101 Conditional Use Permit 1,400.00 24-Nov 11/25/2024 R00000099 Edgewater Habitat Conservation Fund 30,000.00 24-Nov 11/8/2024 R00000034 Engineering Fees 870.00
24-Nov 11/14/2024 R00000083 Engineering Fees 435.00
24-Nov 11/25/2024 R00000105 Engineering Fees 435.00
24-Nov 11/12/2024 R00000063 MBASIA Claims Reimbursement 2,320.70 24-Nov 11/25/2024 R00000098 1/2 Tax Police/Prop 172 35.43 24-Nov 11/8/2024 R00000045 Sand City Parking 40.00
24-Nov 11/8/2024 R00000046 Sand City Parking 10.00
24-Nov 11/8/2024 R00000048 Sand City Parking 40.00
24-Nov 11/8/2024 R00000049 Sand City Parking 40.00
24-Nov 11/8/2024 R00000050 Sand City Parking 40.00
24-Nov 11/8/2024 R00000051 Sand City Parking 40.00
24-Nov 11/14/2024 R00000080 Sand City Parking 40.00
24-Nov 11/25/2024 R00000107 Sand City Parking 40.00
24-Nov 11/14/2024 R00000073 Sand City Parking 75.00
24-Nov 11/14/2024 R00000074 Sand City Parking 40.00
24-Nov 11/14/2024 R00000075 Sand City Parking 40.00
24-Nov 11/14/2024 R00000076 Sand City Parking 40.00
24-Nov 11/14/2024 R00000077 Sand City Parking 40.00
24-Nov 11/14/2024 R00000078 Sand City Parking 329.86
24-Nov 11/8/2024 R00000052 Sand City Parking 40.00
24-Nov 11/8/2024 R00000053 Sand City Parking 40.00
24-Nov 11/14/2024 R00000068 Sand City Parking 40.00
24-Nov 11/14/2024 R00000070 Sand City Parking 40.00
24-Nov 11/14/2024 R00000071 Sand City Parking 40.00
24-Nov 11/14/2024 R00000072 Sand City Parking 40.00
24-Nov 11/14/2024 R00000082 Plan Check Fee 4165 289.90
24-Nov 11/8/2024 R00000047 Police Report 4560 10.00
24-Nov 11/8/2024 R00000054 Police Report 4560 10.00
24-Nov 11/8/2024 R00000055 Police Report 4560 10.00
24-Nov 11/14/2024 R00000069 Police Report 4560 10.00
24-Nov 11/25/2024 R00000106 Police Report 4560 10.00
24-Nov 11/8/2024 R00000037 Franchise TX RF.4040 18,120.22 City of Sand City
Cash Receipt Report
Totals by General Ledger Cash Account
Dates Range: 11/1/2024 - 11/30/2024
1 39
Period Receipt Date Receipt Number Transaction Description Amount 24-Nov 11/8/2024 R00000040 Rental Income 1,699.59
24-Nov 11/25/2024 R00000098 County/Rev & Recovery 340.27 24-Nov 11/26/2024 R00000111 Sign Permit & Master Sign Program 50.00 24-Nov 11/8/2024 R00000032 Site Plan Review 350.00
24-Nov 11/8/2024 R00000044 Sales Tax Received 260,180.20 24-Nov 11/8/2024 R00000003 Short Term Rental Inspection Fee 197.00 24-Nov 11/8/2024 R00000016 Short Term Rental Inspection Fee 190.00 24-Nov 11/14/2024 R00000081 Short Term Rental Inspection Fee 197.00 24-Nov 11/26/2024 R00000113 Short Term Rental Inspection Fee 197.00 24-Nov 11/8/2024 R00000004 TOT Tax 565.20
24-Nov 11/8/2024 R00000005 TOT Tax 951.36
24-Nov 11/8/2024 R00000006 TOT Tax 513.36
24-Nov 11/8/2024 R00000007 TOT Tax 908.84
24-Nov 11/8/2024 R00000008 TOT Tax 342.00
24-Nov 11/25/2024 R00000093 TOT Tax 93.24
24-Nov 11/25/2024 R00000094 TOT Tax 245.40
24-Nov 11/25/2024 R00000096 TOT Tax 771.17
24-Nov 11/8/2024 R00000017 TOT Tax 4,113.91
24-Nov 11/12/2024 R00000060 TOT Tax 1,482.48
24-Nov 11/14/2024 R00000079 TOT Tax 837.59
24-Nov 11/25/2024 R00000090 TOT Tax 270.00
24-Nov 11/25/2024 R00000091 TOT Tax 1,657.92
24-Nov 11/25/2024 R00000092 TOT Tax 955.06
24-Nov 11/8/2024 R00000011 TOT Tax 310.30
24-Nov 11/8/2024 R00000012 TOT Tax 207.00
24-Nov 11/8/2024 R00000013 TOT Tax 252.00
24-Nov 11/8/2024 R00000014 TOT Tax 380.52
24-Nov 11/8/2024 R00000015 TOT Tax 1,392.36
24-Nov 11/8/2024 R00000018 Transient Occupancy Tax Penalties 881.33 24-Nov 11/8/2024 R00000030 Temporary Use Permit 425.00
24-Nov 11/8/2024 R00000031 Temporary Use Permit 100.00
24-Nov 11/8/2024 R00000042 Transaction/Use Tax 39.03
24-Nov 11/8/2024 R00000043 Transaction/Use Tax 336,680.82 24-Nov 11/8/2024 R00000019 Utility Users Tax 125.61
24-Nov 11/8/2024 R00000020 Utility Users Tax 191.72
24-Nov 11/8/2024 R00000021 Utility Users Tax 3,503.94
24-Nov 11/8/2024 R00000022 Utility Users Tax 34.88
24-Nov 11/8/2024 R00000023 Utility Users Tax 0.73
24-Nov 11/8/2024 R00000024 Utility Users Tax 8.18
24-Nov 11/25/2024 R00000085 Utility Users Tax 7.99
24-Nov 11/25/2024 R00000086 Utility Users Tax 0.73
24-Nov 11/25/2024 R00000087 Utility Users Tax 34.00
24-Nov 11/25/2024 R00000088 Utility Users Tax 3,018.98
24-Nov 11/25/2024 R00000089 Utility Users Tax 126.03
24-Nov 11/26/2024 R00000110 Utility Users Tax 16,759.25 24-Nov 11/8/2024 R00000025 Utility Users Tax 17,340.82
24-Nov 11/8/2024 R00000026 Utility Users Tax 1,373.77
24-Nov 11/8/2024 R00000027 Utility Users Tax 64.94
24-Nov 11/8/2024 R00000028 Utility Users Tax 0.36
24-Nov 11/12/2024 R00000059 MST ENV 439,956.00
24-Nov 11/12/2024 R00000061 Cannabis Grant 80,000.00
24-Nov 11/12/2024 R00000062 IRWM Grant Reimbursement- Catalina St 37,417.20 24-Nov 11/12/2024 R00000065 IRWM Grant Reimbursement- Catalina St 4,818.75 24-Nov 11/14/2024 R00000082 Strong Motion Fee 3.25
24-Nov 11/14/2024 R00000082 CBSC 1.00
24-Nov 11/14/2024 R00000084 CBSC 1.00
24-Nov 11/25/2024 R00000098 County/Proof of Corr 6.60
24-Nov 11/25/2024 R00000100 Coastal Conservancy Grant 17,316.86 2 40
Period Receipt Date Receipt Number Transaction Description Amount 24-Nov 11/26/2024 R00000108 Square Fees (1.89)
24-Nov 11/26/2024 R00000109 Square Fees (9.04)
24-Nov 11/26/2024 R00000112 Successor Agency Admin Fees Reimbursement 155,727.58 Total Cash Register Activity 1,577,060.36
3 41
Vendor Number Payment Amount Number
(47.68) 40085
12,355.82 40111
320.00 40112
17,535.58 40113
217.00 40114
29,577.04 40115
630.16 40116
8,540.50 40117
527.94 40118
145.85 40119
2,466.41 40120
42.77 40121
10,633.11 40122
973.12 40123
1,600.00 40124
766.48 40125
8,750.00 40126
350.00 40127
256.00 40128
464.25 40129
56.45 40130
61.75 40131
437.20 40132
1,395.49 40133
66.00 40134
20.24 40135
113.59 40136
800.00 40137
43,843.75 40138
144.00 40139
985.43 40140
7,101.25 40141
4,437.38 40142
6,035.00 40143
139.88 40144
364.14 40145
69.54 40146
7,008.50 40147
3,870.00 40148
1,911.00 40149
240.54 40150
3,905.67 40151
212.11 40152
597.00 40153
348.51 40154
735.00 40155
909.20 40156
325.40 40157
4,080.00 40158
64.44 40159
704.85 40160
305.30 40161
2,184.00 40162
527.94 40163
202.72 40164
170.06 40165
10.53 40166
5,314.68 40167
209.06 40168
5,000.00 40169
2,290.92 40170
57.44 40171
MOB02 Mobile Modular 11/22/2024 Regular 0 574.99 40172
MAI01 Main Street Designs, Inc 11/22/2024 Regular 0
KLI01 Mary Ann Carbone 11/22/2024 Regular 0
BUS05 Jeff Bushnell 11/22/2024 Regular 0
HILL01 Melissa Hill 11/22/2024 Regular 0
FED01 Federal Express 11/22/2024 Regular 0
GRA11 Granicus, LLC 11/22/2024 Regular 0
ATT03 AT&T 11/22/2024 Regular 0
COM11 Comcast 11/22/2024 Regular 0
WHI01 Whitson Engineers 11/21/2024 Regular 0
AFL01 Aflac 11/22/2024 Regular 0
VES01 Vestis 11/21/2024 Regular 0
NOR02 Vibeke Norgaard 11/21/2024 Regular 0
TYL02 Tyler Technologies, Inc. 11/21/2024 Regular 0
VER01 Verizon Wireless 11/21/2024 Regular 0
STA03 Star Sanitation, LLC 11/21/2024 Regular 0
TYL03 Tyler Business Forms 11/21/2024 Regular 0
SAF02 Safeguard Business Systems 11/21/2024 Regular 0
SPC01 SPCA 11/21/2024 Regular 0
PET01 Petty Cash- Cashed by Shannon Norton 11/21/2024 Regular 0 PUB01 Public Storage 11/21/2024 Regular 0
OFF03 ODP Business Solutions 11/21/2024 Regular 0
PGE01 Pacific Gas & Electric 11/21/2024 Regular 0
MBT01 Monterey Bay Technologies, Inc. 11/21/2024 Regular 0 MCW01 Monterey County Weekly 11/21/2024 Regular 0
MOU01 Michael Mount 11/21/2024 Regular 0
MBA01 Monterey Bay Area Self Insurance 11/21/2024 Regular 0 LIN01 Matrix Telecom, LLC 11/21/2024 Regular 0
PAR08 Mark Parker 11/21/2024 Regular 0
HUM02 Humana Insurance Company 11/21/2024 Regular 0
LCW01 Liebert Cassidy Whitmore 11/21/2024 Regular 0
HOM01 Home Depot Credit Service 11/21/2024 Regular 0
HOP01 Hope Services 11/21/2024 Regular 0
HAR06 Harris & Associates, Inc 11/21/2024 Regular 0
HDL02 HDL Companies, LLC. 11/21/2024 Regular 0
EMC02 EMC Planning Group, Inc. 11/21/2024 Regular 0
GRE01 Mitsugu Mori 11/21/2024 Regular 0
DOJ02 Department of Justice 11/21/2024 Regular 0
VIS01 Elan Financial Services 11/21/2024 Regular 0
CYP04 Cypress Coast Ford 11/21/2024 Regular 0
DEL04 Dell Marketing L.P. C/O Dell USA L.P. 11/21/2024 Regular 0 COR05 Corodata Records Management 11/21/2024 Regular 0
COR04 Corodata Shredding, Inc 11/21/2024 Regular 0
CLE01 California Law Enforcement Association 11/21/2024 Regular 0 COM11 Comcast 11/21/2024 Regular 0
CAL15 California Consulting, Inc 11/21/2024 Regular 0
CHA04 California Highway Adoption Co. 11/21/2024 Regular 0 BLU01 Blue Star Investigations, LLC 11/21/2024 Regular 0 CAL01 California American Water 11/21/2024 Regular 0
ANG01 Angel Armor 11/21/2024 Regular 0
ATT05 AT&T Mobility 11/21/2024 Regular 0
ALT01 Alternator Starter Exchange, Inc. 11/21/2024 Regular 0 ASC01 American Supply CO 11/21/2024 Regular 0
AFL01 Aflac 11/21/2024 Regular 0
ALH01 Alhambra 11/21/2024 Regular 0
SIG01 Signworks 11/07/2024 Regular 0
TYL02 Tyler Technologies, Inc. 11/07/2024 Regular 0
MBT01 Monterey Bay Technologies, Inc. 11/07/2024 Regular 0 MOT03 Motorola Solutions, Inc. 11/07/2024 Regular 0
CEB01 Mauricio Cebada 11/07/2024 Regular 0
MEY01 Meyers Nave, Corporation 11/07/2024 Regular 0
Bank Code: Mechanics - General-Mechanics Bank - General Pooled Cash LAP02 LA Police Gear 11/25/2024 Regular 0
GRE01 Mitsugu Mori 11/07/2024 Regular 0
Check Report
City of Sand City By Check Number
Date Range: 11/01/2024 - 11/30/2024
Vendor Name Payment Date Payment Type Discount Amount
42 Vendor Number Payment Amount Number
Bank Code: Mechanics - General-Mechanics Bank - General Pooled Cash Check Report
City of Sand City By Check Number
Date Range: 11/01/2024 - 11/30/2024
Vendor Name Payment Date Payment Type Discount Amount
130.00 40173
33.45 40174
3,605.00 40175
436.20 40176
238.58 40177
245.00 40178
2,268.79 40179
933.92 40180
221.52 40181
10,504.34 40182
269.00 40183
5,813.00 40184
2,840.00 40185
111 76 0.00 231,474.10
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
Manual Checks 0 0 0.00 0.00
Voided Checks 0 1 0.00 -47.68
Bank Code Mechanics - General Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 111 75 0.00 231,521.78
ESC01 Lawrence Escobar 11/27/2024 Regular 0
SAN01 Sand City Police Officers & Dept. Employees Association 11/27/2024 Regular 0 USB01 U.S. Bank Corp Payment Systems 11/22/2024 Regular 0 CSD01 California State Disburse Unit 11/27/2024 Regular 0 SUN02 Sun Life Financial 11/22/2024 Regular 0
HER01 The Monterey County Herald 11/22/2024 Regular 0
REN01 Rental Depot 11/22/2024 Regular 0
STU02 Sturdy Oil Company 11/22/2024 Regular 0
MRW02 Monterey Regional Waste Management District 11/22/2024 Regular 0 OFF03 ODP Business Solutions 11/22/2024 Regular 0
MBT01 Monterey Bay Technologies, Inc. 11/22/2024 Regular 0 MCW01 Monterey County Weekly 11/22/2024 Regular 0
MBP03 Monterey Bay Pest Control 11/22/2024 Regular 0
43 Vendor Number Payment Amount Number
155,727.58 2352
51,691.40 2353
Check Report
City of Sand City Successor Agency By Check Number
Date Range: 11/01/2024 - 11/30/2024
Check Report Date Range: 11/01/2024 - 11/30/2024
Vendor Name Payment Date Payment Type Discount Amount
Bank Code: Mechanics - SA-Mechanics Bank - Successor Agency CIT12 City of Sand City 11/26/2024 Regular 0
MEY01 Meyers Nave, Corporation 11/26/2024 Regular 0
Bank Code Mechanics - SA Summary
Payable
Count
Payment
Payment Type Count Discount Payment
Regular Checks 6 4 0.00 207,418.98
Manual Checks 0 0 0.00 0.00
Voided Checks 0 2 0.00 0.00
Bank Drafts 0 0 0.00 0.00
EFT's 0 0 0.00 0.00
6 6 0.00 207,418.98
44 AGENDA ITEM
7A.
2025-2029 Urban County Community
Development Block Grant (CDBD)
Consolidated Action Plan Estimated
Funding Presentation: Dawn Yonemitsu,
Monterey County Housing and community
Development
45 2025-2029 Urban County
Community Development Block Grant (CDBG)
CONSOLIDATED ACTION PLAN
ESTIMATED FUNDING
Presented by: Dawn M. Yonemitsu
46 Urban County & Process
Urban County
• Urban County consortium includes the cities of Gonzales, Greenfield, Marina, and Sand City
• Consortium was required to meet minimum overall population and low- and moderate-income population requirements
Process for Selecting Projects for Funding
• Notice of Funding Availability
• Consortium members review & score public service applications • Board of Supervisors Urban County Committee recommends funding for public services and public facilities to the full Board of Supervisors Marina
Sand City
47 Lifecycle of the Urban County
5-year Consolidated Plan period
3 2025
1 st Year of ConPlan
Period
2026
2 nd Year of ConPlan
Period
2027
3 rd Year of ConPlan
Period
2028
4 th Year of ConPlan
Period
2029
5 th Year of ConPlan
Period
2030
2025-2029 Consolidated Plan Period
48 Joint Powers Authority Periods
4 2025-2027 2028-2030
JPA signed and adopted by Board
of Supervisors on 9/17/2024
The Joint Power Authority Agreement covers the first 3 years of the next Consolidated Plan 49 Lifecycle of the Urban County
Annual Plan period
5 Nov 2024
Notice of Fund
Availability
Posted
Dec 2024
Application
Workshop
Dec 16, 2024
Jan 2025
Applications due
Jan 17, 2025
May 2025
Annual Plan
adoption by Board
of Supervisors
July 2025
Start date
of Annual
Plan
June 2026
End date of
Annual Plan
Sept 2026
Close out
Annual Plan
2025-2026 Annual Plan Period
50 Urban County Members
Contribution of Funds
with Limits on Uses
Estimated grant allocation of funding for
2025-2027 consolidated plan period is
$4,279,170.
The Urban County may use up to 15% of
the annual CDBG award for
public services = $641,876. The Urban County may use up to 20% of the annual CDBG
award for general administration
& fair housing = $855,834. Affordable Housing, Public Facilities and Infrastructure = $2,781,460.
3-YEAR FUNDING
Source/Use
Amount
Available
Gonzales $240,090
Greenfield $748,443
Marina $619,071
Sand City $12,486
Monterey County $2,659,080
TOTAL FUNDING $4,279,170
51 Urban County Members
Contribution of Funds
with Limits on Uses
Estimated grant allocation of funding for
2025-2029 consolidated plan period is
$7,131,950.
The Urban County may use up to 15% of
the annual CDBG award for
public services = $1,069,792.
The Urban County may use up
to 20% of the annual CDBG
award for general administration
& fair housing = $1,426,390.
Affordable Housing, Public Facilities and
Infrastructure = $4,635,768.
5-YEAR FUNDING
Source/Use
Amount
Available
Gonzales $400,203
Greenfield $1,247,405
Marina $1,031,785
Sand City $20,810
Monterey County $4,431,800
TOTAL FUNDING $7,131,950
52 5-Year Estimates
3-Year Actuals
Estimates for City Projects City Amount
Gonzales $292,610
Greenfield $912,165
Marina $754,493
Sand City $100,293
Monterey County $2,808,653
City Amount
Gonzales $175,566
Greenfield $547,299
Marina $452,696
Sand City $74,076
Monterey County $1,693,834
53 Public Facility Past Expenditures
▪ North County Fire Protection District
▪ $835,110 – Fire Engine Replacement
▪ EAH Housing
▪ $350,000 – Greenfield Commons
▪ North County Public Recreation Center
▪ $70,000 – Crane St Park Improvements
▪ City of Greenfield
▪ ADA Improvements Patriot Park
▪ City of Gonzales
▪ ADA Improvements Centennial Park, Community
Pool, City Hall, and Council Chambers
▪ Medical Clinic Roof
▪ Central Park Lighting
▪ ADA Sidewalk Curb Cuts
▪ Childcare Center Roof & HVAC
▪ Veteran’s Transition Center
▪ $80,500 – HVAC Replacement
▪ Castroville
▪ $110,000 – Sidewalks
▪ San Lucas
▪ $894,140 – Sidewalks
▪ Aromas
▪ $282,450 – Sidewalks
▪ Interim
▪ $1,066,771 – Sun Rose Housing
▪ Greenfield Fire Station
▪ $757,520 – Fire Engine
54 SAN LUCAS
STREETLIGHTS
55 CASTROVILLE
SIDEWALKS
11 56
SAN LUCAS
SIDEWALKS
12 57
➢ $35M Project
➢ $357,475 in CDBG in FY 2022-23
➢ $347,382 in CDBG in FY 2023-24
Total funding granted $704,857,
which is around 87% of the 2020-
2024 Consolidated Plan amount.
Gonzales Community Center
58 ❖ Walnut Avenue Street Widening
& Pedestrian Improvements
❖ $439,603 CDBG in FY 2021-22
❖ $427,191 CDBG in FY 2022-23
❖ $427,191 CDBG in FY 2023-24
Total funding granted $1,293,985,
which is around 91% of the 2020-
2024 Consolidated Plan amount.
Greenfield Walnut Avenue
Pedestrian Improvements
59 Questions
60 AGENDA ITEM
7B.
Street Paving Plan Update Presentation:
Leon Gomez, City Engineer
61 AGENDA ITEM
8A.
Approve a Resolution Approving
Conditional Use Permit (CUP 24-077) and
Site Plan for Smooth Coffee Co Coffee
Roasters to Operate a Direct-to-Consumer
and Wholesale Roasting Production
Operation Within an Existing Building at
748 California Avenue
62 1
City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Esme Wahl, Contract City Associate Planner
SUBJECT: Application for a Conditional Use Permit (24-077) and Site Plan for a Coffee Roastery on property located at 748 California Avenue (APN: 011-192-004); Applicant: Noah Reeves
DATE: January 21, 2025
_______________________________________________________________________ I. RECOMMENDATION:
Staff recommends the City Council adopt a Resolution, attached as Exhibit 1, to:
1. Determine that the subject project is exempt from CEQA (Categorical Exemption Class 32, CEQA Guidelines §15332, Infill Development); and
2. Approve Conditional Use Permit (CUP) 24-077 and Site Plan (attached and incorporated herein by reference) based on findings in Exhibit 1A and subject to conditions of approval in Exhibit 1B.
II. BACKGROUND:
Project Description:
The applicant proposes to establish coffee roasting and packaging within an approximately 507 square foot unit (Unit B) of an approximately 1,289 square foot building located at 748 California Avenue. Activities will include coffee roasting and packaging. Orders will be delivered by personal vehicle to post or local address. The proposed project involves operation of a Coffee Crafters Valenta 7, a fully electric roaster with batch capacity of 5 pounds. Hours of operation are proposed to be 7am to 7pm, daily. Deliveries will consist of pallets of green coffee accepted by the on-site employee from 8:00 a.m. to 2:00 pm Monday through Friday. Deliveries are anticipated to occur once per week.
The owner/applicant would be the sole employee. The applicant has proposed no onsite parking and no onsite loading/unloading. No exterior site improvements or interior building improvements are proposed. See Exhibit 4, Site Photo and Exhibit 5, Floor Plan.
63 2
Site Description
The property is currently developed with an approximately 1,289 square feet, singlestory building that includes two units: Unit A and Unit B. Unit B, which is approximately 507 square feet, is proposed to contain the coffee roasting and packaging of finished goods for off-site distribution. Unit A is currently vacant and no use is proposed at this time. The applicant has informed City staff that use of Unit A is intended for a commercial use. Tenant improvements to Unit A will be required to be approved by a building permit for commercial occupancy at such time that a use is proposed for Unit A.
The site is accessed from California Avenue via a concrete driveway apron leading to a dirt driveway. The property is currently screened by a deteriorating chain-link and wood slat fence. Existing building and street improvements (i.e. curb, gutter, driveapron, etc) are in fair condition along the Subject Property’s California Avenue frontage. Utilities (i.e. gas, electric, water, sewer, etc.) are available. The driveway serving current uses on the site is unpaved.
Previous and Current Entitlements and Uses:
According to the Applicant, the most recent use of the structure on the Subject Property has been for commercial purposes.
General Plan, Zoning and Surrounding Land Uses:
General Plan
The Subject Property has a General Plan land use designation of Mixed-Use (MU-D) and is within the ‘Old Town Planning District’. The proposed coffee roastery is consistent with the following applicable General Plan policies:
• Goal 2.1: Transform the Old Town district from an area of heavy industrial, unplanned land use mix and warehouse uses to a planned area of light manufacturing, service commercial and residential uses, with a heavy emphasis towards streetscape beautification.
• Policy 2.1.1: Encourage the establishment of new land uses within the Old Town district that: • Provide goods and services required by the community and surrounding area • Are generally complementary to other desirable businesses in the area and are residentially compatible in terms of being low-impact neighbors to residential uses • Contribute to a diversity of activities that could include artisans, ethnic markets, and restaurants, entertainment, and incubator industries.
64 3
Vibrancy Plan
Vibrancy Plan recommendations for commercial development in the area are principally intended to support transformation of the existing warehousing/manufacturing/commercial – service orientation of the core planning area to one oriented to retail and visitor serving uses. The Vibrancy Plan includes tools focused on increasing commercial and visitor serving uses in the area:
• ED-3a: Encourage adaptive re-use of existing buildings.
Zoning Code Regulations
The subject property is located in the Planned Mixed Use (MU-P) zoning district. The proposed use is consistent with the above General Plan policies related to incubator industries. The use is a light manufacturing use that the City Council may find consistent with General Plan goals and policies (Sand City Municipal Code 18.13.040( C)). Therefore, coffee roasting and packaging operations are an allowed uses within this zoning district, subject to an approved Conditional Use Permit.
The proposed project does not involve expansion of existing, or the construction of new buildings. The proposed project complies with the zoning regulations outlined in Sand City Municipal Code Chapter 18.13 (MU-P), including, but not limited to, height, setbacks, and allowable area.
Surrounding Land Uses
Generally, the property is surrounded by light industrial and commercial uses and some residential uses. The nearest residence is approximately 180 feet south of the Subject Property. Adjacent to the west, the property is a vacant lot that is owned by the same property owner, proposed for a Conditional Use Permit to allow a phased truck/equipment storage yard (Phase I, two-year term) and a food truck court (Phase II). Adjacent to the east is a warehouse.
III. ANALYSIS
General Plan and Zoning
The Applicant intends to utilize the Subject Property for a direct-to-consumer wholesale coffee roastery. The business owner and Applicant, Noah Reeves, would be the sole employee and would be on-site during roasting and packaging. Orders will be delivered by personal vehicle to post or local address. Hours of Operation are allowed from 7:00 am – 7:00 pm Sunday through Saturday (daily) and will depend on order volume.
The proposed use, which is considered light manufacturing, is consistent with General Plan Goal 2.1 which encourages transition from heavy industrial to light manufacturing and service commercial uses. The proposed use is also consistent with General Plan Policy
2.1.1 which encourages incubator industries.
65 4
Sand City Municipal Code Chapter 18.13.040(C) requires a Conditional Use Permit for coffee roasting and packaging in the MU-P Zoning District. The following is an evaluation of various aspects of the proposed use related to its daily operation:
Parking and Loading Standards: An on-site loading space is not required per Sand City Municipal Code 18.64.010 which only requires an on-site loading space for manufacturing and wholesale uses occupying over 2,000 square feet of gross floor area of a building. The proposed use occupies approximately 507 square feet of gross floor area. If, at any point, the Applicant determines that an on-site loading/unloading space is desired, they may request an amendment to their site plan.
The Applicant submitted a site plan that does not accommodate on-site parking, citing state law AB 2097. AB 2097 was signed into law on September 22, 2022 and generally prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project that is located within ½ mile of a major transit stop.
"Major transit stop" means a site containing any of the following: (a) An existing rail or bus rapid transit station; (b) A ferry terminal served by either a bus or rail transit service; or (c) The intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods.
Sand City has a major transit stop that meets criteria (c). With the implementation of the Better Bus Network on December 10, 2022, Jazz A and Jazz B have a combined frequency of 15-minute service from 7:26 a.m. to 6:48 p.m. at Sand City Station. The subject property is located approximately 0.45-miles from the Sand City Station. Therefore, it has been determined that AB 2097 applies to the subject property. While AB 2097 does provide for some exceptions, none would apply in this particular case. AB 2097 may not preclude the enforcement of any requirement for parking spaces that are accessible to person with disabilities.
Sand City Municipal Code section 18.64.050.S requires one on-site parking space for each two employees on the maximum shift, resulting in the requirement of one on-site parking space for the proposed use.
Given the limited supply of parking in the City’s West End District, the City believes it is in the Applicant’s best interest to provide one (1) on-site employee parking space. However, the Applicant has pointed to AB 2097, meaning the one (1) required on-site parking space cannot be enforced pursuant to the applicability of AB 2097. The applicant may still voluntarily comply with this requirement to provide employee parking. 66 5
Water: The current use on file with Monterey Peninsula Water Management District (MPWMD) for 748 California Avenue, Unit B is for a residential water use. A water permit from MPWMD is required for the conversion of a residential use to a non-residential use.
The property will need to obtain a Water Permit from MPWMD and comply with MPWMD’s water efficiency standards for this change in use.
If additional water credits are required for the Change of Use, further water allocation will require separate City Council approval. The approval of the Conditional Use Permit (CUP24-077) does not convey water to the property.
Storage: Items stored on-site will pertain only to coffee roasting and packaging material, including green coffee, roasted, coffee, packaging materials, which will be stored in the storage room. All materials will be stored inside Unit B.
Trash: The Applicant is required to maintain refuse and trash for their operation within the building or in the trash receptacles. No trash dumpsters are allowed, unless the Applicant provides sufficient access for trash pick-up and a fully enclosed/screened trash dumpster.
The storage of refuse bins or dumpsters on the City right of way by the Applicant is prohibited with the exception of curbside trash removal on scheduled collection days.
Pursuant to Sand City Municipal Code section 13.04.290, trash enclosures shall be located in places of convenient collection and must be maintained in good appearance and working condition. A condition of approval is included that requires the applicant to establish a trash storage enclosure for the trash receptacles (trash, recycling, and organic materials bins) on the subject property.
Air Quality: A small-scale wholesale and direct-to-consumer coffee roastery is considered to be a relatively modest activity that does not produce excessive detrimental noise, vibrations, dust, or particulates. The Monterey Bay Air Resources District does not require a permit for coffee roasters with a roasting capacity of less than or equal to 5 pounds of beans per batch. Provided the Applicant abides by the requirements as stated in the conditions of approval, the Applicant’s Use should not result in impacts to air quality.
Noise: Noise associated with the proposed use is related to the operation of the Coffee Crafter’s Valenta 7. The Valenta 7 is a fully electric coffee roaster with a 5-pound batch capacity. The Valenta 7 is considered a fairly quiet, small batch coffee roaster and produces a low humming sound. It is not anticipated that the noise produced by roasting would be detectable outside the building. The Applicant is required to follow all noise guidelines as outlined in Sand City Municipal Code Section 8.04 (Loud Noises).
Odor: Coffee roasting has the potential to produce strong odors. A condition of approval is included which requires the Applicant to implement an odor reducing mechanism.
Signs: The Applicant has not requested a sign for the coffee roastery and has not indicated an intent to establish a business sign on the Subject Property. Commercial signs are subject to City Design Review Committee (DRC) review and approval, with the 67 6
issuance of a sign permit prior to installation. Should the Applicant decide to add a sign in the future, the Applicant will need to file a permit with the City subject to DRC approval prior to the installment of such a sign.
Fence: The existing fence along the property’s California Avenue frontage is in poor quality and is visually unappealing. A condition of approval has been included which requires a new ornamental fence.
FISCAL IMPACT:
There will be minimal cost associated with staff time; however, this use will generate revenue for the City through the business license tax as required by Sand City Municipal Code Section 5.04.360.
CALIFORNIA ENVIRONMENTAL EQUALITY ACT (CEQA):
The proposed project is categorically exempt, under the California Environmental Quality Act (CEQA) Guidelines, Section 15332, Class 32, Infill Development, as the proposed project, as conditioned, is consistent with applicable General Plan policies and Zoning designation regulations. The proposed development is surrounded by urban uses, and the project site has no value as habitat for endangered species. The site can be adequately serviced by all required utilities and public services. As proposed, the project is consistent with the Class 32 categorical exemption.
ATTACHMENTS:
Exhibit 1: Resolution, including
Exhibit A Findings of Approval
Exhibit B Conditions of Approval
Exhibit 2: Location Map
Exhibit 3: Aerial Map
Exhibit 4: Site Photo
Exhibit 5: Topographic Survey
Exhibit 6: Floor Plan
Exhibit 7: Letter of Intent
Exhibit 8: Hazardous Materials Questionnaire
68 EXHIBIT 1
CUP24-077 RESOLUTION
CITY OF SAND CITY
RESOLUTION SC ___, 2025
RESOLUTION OF THE CITY COUNCIL OF SAND CITY APPROVING
CONDITIONAL USE PERMIT (CUP24-077) AND SITE PLAN FOR SMOOTH COFFEE
CO COFFEE ROASTERS TO OPERATE A DIRECT-TO-CONSUMER AND
WHOLESALE ROASTING PRODUCTION OPERATION WITHIN AN EXISTING BUILDING AT 748 CALIFORNIA AVENUE
WHEREAS, Noah Reeves of Smooth Coffee Co. (the “Applicant”) submitted an application to the City of Sand City (the “City”) for a Conditional Use Permit to establish and operate a wholesale and direct-to-consumer coffee roasting and packaging operation (the “Applicants Use”) within an approximately 507 square foot portion of an existing building at 748 California Avenue, Unit B (portion of APN 011-192-004) in Sand City (the “Subject Property”); and
WHEREAS, the Applicant’s Use at the subject property, at the scale and intensity described in the staff report dated January 21, 2025 together with conditions of approval contained in Exhibit B, and based on the Findings described in Exhibit A, is consistent with General Plan Policy 2.1.1 and Municipal Code section 18.13.040.P for the “Planned Mixed-Use” (MUP) zoning designation of the subject property and compatible with neighboring properties and uses; and
WHEREAS, the project is not required to comply with City parking requirements pursuant to AB 2097; and
WHEREAS, the noise generated by the Applicant’s use is related mainly to operation of the fully electric, small batch, coffee roaster, which produces a low humming sound and is not anticipated to generate excessive noise, vibration, odors, or pose a general nuisance to neighboring properties or the tenants therein; and
WHEREAS, the type and scale of operation proposed by the Applicant is considered compatible with a mixed-use community and is not anticipated, as conditioned, to impose negative impacts or blighting influence upon the surrounding units and properties; and WHEREAS, if it is determined by the MPWMD that the on-site water credit is insufficient for the Applicant’s Use, the Applicant will be required to receive a water allocation from the City; and
WHEREAS, the Applicant’s Use within an existing building qualifies for a Categorical Exemption under CEQA (California Environmental Quality Act) Guidelines, Section 15332 (Infill Development); and
WHEREAS, the City Council of the City of Sand City has reviewed the findings contained in Exhibit A and the Conditions of Approval in Exhibit B for approving Conditional Use Permit CUP24-077 as supported by the City staff report, dated January 21, 2025. 69 EXHIBIT 1
CUP24-077 RESOLUTION
NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby grant and issue Conditional Use Permit CUP24-077 based on the Findings of Approval in Exhibit A and subject to Conditions of Approval in Exhibit B, all of which is herein incorporated by reference.
PASSED AND ADOPTED by the City Council of the City of Sand City this ___, day of _____, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
70 EXHIBIT A
CUP24-077 FINDINGS OF APPROVAL
EXHIBIT A
CITY OF SAND CITY
CONDITIONAL USE PERMIT CUP24-077 AND SITE PLAN FINDINGS OF
APPROVAL
Project Name: Conditional Use Permit (CUP24-077) for Smooth Coffee Co. at 748 California Avenue
Address: 748 California Avenue, Sand City, CA
Hearing Date: January 21, 2025
Findings for Approval:
The City Council finds that:
1. Finding: The proposed project is exempt from the requirements of the California Environmental Quality Act. The intended use on this property qualifies for a categorical exemption, under California Environmental Quality Act (CEQA) Guidelines Section 15332, Class 32, Infill Development. a. Evidence: The proposed project is planned to be contained inside of an existing building that is fully surrounded by urban uses and the subject property has no value as habitat for endangered species. The proposed project, as conditioned, is consistent with applicable General Plan policies and zoning regulations.
2. Finding: The proposed use, which allows for the establishment of a coffee roastery, packaging, remote orders and product delivery (no on-site sale) and wholesale operation within a 507 square foot unit (Unit B) of an existing 1,289 square foot building, conforms to the policy direction of the General Plan and the requirements and the intent of the City’s zoning code as follows:
a. Evidence: The proposed project, as defined in the Applicant’s letter of intent, the City’s Staff Report and as conditioned by the City, is consistent with the MU – D designation of the General Plan and the subsequent Vibrancy Plan. The proposed use, which is considered light manufacturing, is consistent with General Plan Goal 2.1 which encourages transition from heavy industrial to light manufacturing and service commercial uses. The proposed use is also consistent with General Plan Policy 2.1.1 which encourages incubator industries; b. Evidence: The establishment of a light manufacturing/commercial space with the intended use types as described in CUP24-077 is allowed under the MU-P zoning regulations (SCMC 18.13.040C) with an approved Conditional Use Permit. The proposed project complies with the zoning regulations outlined in 71 EXHIBIT A
CUP24-077 FINDINGS OF APPROVAL
Sand City Municipal Code Chapter 18.13 (MU-P), including, but not limited to, height, setbacks, and allowable area.
c. Evidence: The intended use type for the existing building is compatible with the Planned Mixed-Use (MU-P) zoning of the surrounding properties as indicated on the City of Sand City Zoning Map. Generally, the property is surrounded by light industrial and commercial uses and some residential uses. The nearest residence is approximately 180 feet south of the subject property. Adjacent to the west is a property that is owned by the same property owner and has been used for storage. The property owner is now requesting of the City a Conditional Use Permit to allow a phased truck/equipment storage yard (Phase I, two-year term) and a food truck court (Phase II). Adjacent to the east of the subject property is a warehouse.
3. Finding: Any additional conditions stipulated by the City Council as deemed necessary in the public interest will be met:
a. Evidence: As conditioned, the project is exempt from parking requirements pursuant to AB 2097, and complies with requirements for commercial driveways, trash enclosures, landscaping, and water.
4. Finding: Such use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the public health and welfare of the community:
a. Evidence: Utilities, including electricity, gas, and sewer, are sufficiently available to facilitate the Applicant’s Use at the Subject Property (Condition #26); b. Evidence: Additional water allocation to accommodate the proposed use is available, if deemed necessary, but will require City Council approval (Condition #13);
c. Evidence: The Applicant’s Use is not anticipated to pose an impediment of traffic flow (Condition #8);
d. Evidence: No noise or activity that disturbs the peace and quiet of neighboring businesses or residents is allowed (Condition #19);
e. Evidence: Trash and waste produced by the proposed use is required to be disposed of in appropriate trash and recycling receptacles which shall be located in a screened enclosure (Condition #9); and
f. Evidence: The Applicant is required to comply with all applicable rules and regulations of the Monterey Bay Air Resources District (Condition #15). 72 EXHIBIT B
CUP24-077 CONDITIONS OF APPROVAL
EXHIBIT B
CITY OF SAND CITY
CONDITIONAL USE PERMIT CUP24-077 CONDITIONS OF APPROVAL Project Name: Conditional Use Permit (CUP24-077) for coffee roasting, processing, packaging by Smooth Coffee Company, LLC
Location: 748 California Avenue, Sand City, CA (APN 011-192-004) Hearing Date: January 21, 2025
Conditions of Approval:
A. Permit Terms
1. Purpose: The Use Permit (CUP24-077) allows for the establishment of a coffee roastery, packaging, remote orders and product delivery (no on-site sale) and wholesale operation within a 507 square foot unit (Unit B) of an existing 1,289 square foot building subject to the following conditions. A Site Plan approval, pursuant to Zoning Ordinance Section 18.68, is combined and made a part of the referenced Conditional Use Permit. There shall be no expansion of the scope or intensity of the applicant’s use or related improvements beyond that authorized as referenced in the project description and conditions of approval by CUP24-077 without either an amendment of said Permit or the issuance of a new Conditional Use Permit.
2. Validity: Conditional Use Permit CUP24-077, is not valid, and project use(s) shall not commence, until two (2) copies of this Resolution/Permit, signed by the permittee and landowner, acknowledging receipt of the Resolution/Permit and acceptance of the terms and conditions, are returned to the City's Planning Department. Failure of the applicant to return the two 2 copies of the signed Resolution/Permit within thirty (30) days from the date of City Council approval shall cause said Conditional Use Permit to become null and void unless good cause to grant an extension is found acceptable by the City Manager.
3. Interpretation: All commercial use shall remain consistent with the permitted uses and related operation as described in the application, letter of intent, referenced in the staff report dated January 21, 2025, resolution of the same date and related exhibits. Any questions of intent or interpretation regarding any condition of Use Permit CUP24-077 shall be resolved by the City Manager or Designee.
73 EXHIBIT B
CUP24-077 CONDITIONS OF APPROVAL
4. Violation: If the City determines any term or condition of the Conditional Use Permit CUP24-077 has been violated, written notice shall be issued to the property owner, that if such violation is not corrected or removed within a specified time, a public hearing may then be scheduled where the City Council may consider amending or revoking the Conditional Use Permit CUP24-077 and may then order said Permits amended or revoked.
5. Indemnification: The property owner agrees, by return signature required in Condition 2, to defend with counsel approved by the City, indemnify, and hold harmless the City of Sand City, its agents, officers, and employees from any legal claims or actions that seek to challenge, void, or annul the permit approval, as outlined in applicable laws. The property owner will reimburse the City for any court costs and attorney's fees the City is required to pay as a result of such actions.
B. Conditional Use Permit Special Conditions
6. Revised Site Plan: A revised and final Site Plan shall be submitted within 30- days of approval of this permit and include a trash enclosure per Condition 9, to be approved by the City Planner and City Manager.
7. Property Maintenance: The site shall be maintained in a clean, orderly, weedfree, and litter-free condition. The property owner shall be responsible for maintenance and upkeep of the entire property, while the Applicant for the subject use permit and site plan approval shall be responsible for maintenance and upkeep of the space used by the proposed business.
8. Deliveries/Loading/Unloading: Deliveries/shipments and/or loading/unloading activities of inventory and/or products related to the operation at the subject property shall be conducted in such a manner as to avoid interruption to the flow of traffic on California Avenue. If loading/unloading activities result in interruption to the flow of Traffic on California Avenue, loading/unloading will be required to be accommodated onsite. Applicant may request one on-site parking/loading space upon approval by the City Manager, which shall be improved consistent the requirements Sand City Municipal Code 18.64.060.B.
9. Trash Enclosure: Prior to final occupancy permit approval, the applicant shall submit and implement a plan for review and approval in writing by the City for solid waste storage & pickup. Trash, litter, boxes, crates, debris, or other used 74 EXHIBIT B
CUP24-077 CONDITIONS OF APPROVAL
and/or discarded materials generated by the business unit shall be stored at all times inside the building (Unit B) or in waste collection receptacle(s) of a size necessary to accommodate all solid waste generated by the business.
Solid waste receptacles (trash, recycling, and organic materials receptacles) shall be located within an enclosure located and designed to the satisfaction of the City Manager or designee and the City’s solid waste franchise. The design of the trash receptacle enclosure shall be compatible with the exterior design of the exiting building. The property owner shall be responsible for arranging and providing waste hauler access for standard pick-up services, subject to review and approval by the City Manager or designee.
10.Fence and Landscaping: The fence located along the property frontage shall be replaced or removed. Prior to issuance of a Building Permit, the applicant shall submit a plan for landscaping and, if desired, fencing along the California Street property frontage. Said plan shall, at a minimum, include low profile, hardy, evergreen, drought resistant plants suitable for the area. The plan shall include automatic irrigation. The plan shall be implemented prior to final occupancy approval to the satisfaction of the City Manager or designee.
Any replacement fencing shall be low profile, decorative and compatible with the design of structures on the site.
11.Storage: All material and equipment shall be stored inside the existing building (Unit B). Freestanding outdoor storage or storage containers shall not be placed on the site.
12.Hazardous Material: Any Hazardous materials used in the operation shall be stored to the satisfaction of the City’s Fire Dept. The business shall be subject to annual fire safety inspection by the City’s Fire Dept.
13.Water: Prior to issuance of Building Permits, the Applicant must obtain a Water Permit for the Change of Use from the Monterey Peninsula Water Management District (MPWMD). The Applicant must follow all water efficiency standards for the Change of Use. If additional water credits are required for the Change of Use, further water allocation will require separate City Council approval. The approval of the Conditional Use Permit (CUP24- 077) does not convey water to the property.
14.Sewer: Prior to issuance of Building Permits, the Applicant shall obtain a sewer permit for Change of Use from the Seaside County Sanitation District. 75 EXHIBIT B
CUP24-077 CONDITIONS OF APPROVAL
15.Air District: The Applicant shall be responsible for complying with applicable rules and regulations of the Monterey Bay Air Resources District. Failure to comply shall be sufficient grounds for City termination of CUP24-077.
16.Odor: Applicant shall install equipment to eliminate detectable odors from operation of coffee roasting such as, but not limited to, activated carbon filters, water ecofilters, an after-burner, electrostatic precipitators (ESP), catalytic oxidizers, or similar.
17.All commercial use types shall remain consistent with the permitted uses and related operation as described in the application, letter of intent, referenced in the staff report dated January 21, 2025, resolution of the same date and related exhibits.
C. General Conditions
17.Code Compliance: Applicant shall comply with all Building Department and fire code requirements. Building permits shall be obtained for all construction related to a change of occupancy and proposed activities, including interior building remodel and trash enclosures, subject to approval of the City Building Official.
18.Driveway: In the event that the Applicant amends the site plan to include an onsite loading/unloading space or parking space and the business intensifies to add an employee (in addition to the owner), the applicant shall obtain an Encroachment Permit and shall complete demolition and reconstruction of the existing driveway on California Avenue sufficient to meet City standards for commercial driveways. Construction plans shall be designed by a registered civil engineer and shall be installed to the satisfaction of the City Engineer prior to final occupancy approval.
19.Noise/unlawful conduct: There shall be no noise or activity that disturbs the peace and quiet of neighboring businesses or residents. In the event of a complaint regarding activities on the property, the property owner and/or onsite manager shall respond within thirty (30) minutes from time of notification of any issue to address concerns/complaints pertaining, but not limited to, disorderly or unlawful conduct on the subject property, overcrowding of the unit, and/or unreasonable noise or other requirements or limits specified in the Sand City Municipal Code, the City’s administrative policies or procedures, or other governing law.
76 EXHIBIT B
CUP24-077 CONDITIONS OF APPROVAL
20.Business License: Prior to final occupancy approval, the applicant shall acquire a Sand City business license for the duration of the Applicant’s Use at the Subject Property. Failure to maintain a current Sand City business license shall be sufficient grounds for revocation of CUP24-077.
21.Examination of Plans: All site and improvement plans, documents, reports, and supporting materials for the Project shall be reviewed and approved in writing by the City prior to the issuance of any building or encroachment permits. Any and all requirements specified by the City during the plan review process shall be implemented to the satisfaction of the City. All public and site improvement plans (architectural, civil, electrical, landscaping, etc.) shall be fully integrated to ensure that the improvements may be constructed safely and without conflict with one another.
22. All requirements of the City’s Planning, Building, Fire, Public Works, and Engineering Departments, and the requirements of any Agencies with Jurisdiction (AWJ) over the project, including but not limited to: California American Water, Monterey Peninsula Water Management District, Seaside County Sanitation District, Monterey One Water, and the Monterey County Health Department shall be implemented to the satisfaction of each agency/department. All requirements of AWJ over the project shall be met to the satisfaction of the City prior to issuance of any building permits or final occupancy approval for the project.
23. Water and Sewer: All water and sewer improvements shall be designed and constructed in accordance with the standards and specifications of Monterey Peninsula Water Management District and the Seaside County Sanitation District, and to the satisfaction of the City Engineer. The Applicant shall provide approvals from both Monterey Peninsula Water Management District and the Seaside County Sanitation District for all water and sewer improvements, and/or connections.
24. Stormwater: the project shall comply with applicable requirements of Sand City Municipal Code (SCMC) 13.05 Stormwater Management and the City’s Phase 2 National Pollutant Discharge Elimination System (NPDES) General Permit, including the Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region (PCRs). a) Determination: The Applicant shall complete a Stormwater Compliance Tracking Form or similar documentation for review and approval in writing 77 EXHIBIT B
CUP24-077 CONDITIONS OF APPROVAL
by the City Engineer, to determine whether the Project is subject to the following requirements.
b) Stormwater Control Plan (SWCP): If applicable, the Applicant shall prepare and submit a Stormwater Control Plan (SWCP) for the Project demonstrating compliance with the PCRs. The SWCP shall be prepared by the project civil engineer in accordance with City requirements. The SWCP shall be prepared in accordance with the latest adopted Stormwater Technical Guide (STG) and templates.
c) Best Management Practices (BMPs): During all phases of construction and/or land disturbance activities, the Project shall implement site-specific BMPs to protect water quality and prevent storm water pollution, as required by SCMC 13.05 Stormwater Management. The Application shall submit an Erosion and Sediment Control Plan (ESCP) or Water Pollution Prevention Plan (WPPP), as applicable, for review and approval by the City Engineer.
25. Public Improvements: Public improvements required for the project shall be designed and installed by the Applicant in accordance with City standards and requirements, and to the satisfaction of the City Engineer. All public improvements shall be shown on public improvement plans and shall be designed by a California licensed professional civil engineer.
26. Utility Plans: Prior to final occupancy approval, the Applicant shall install any utilities that are required for the Project. The Applicant shall submit a Utility Improvement Plan for review and approval in writing by the City Engineer showing how utilities will serve the property. The Utility Improvement Plans shall identify all utilities and connections required for the Project, including but not limited to storm drainage, sanitary sewer, water, electric, gas, telephone, cable, and associated infrastructure. Any trenching of street asphalt pavement and/or concrete for utility connections shall require an Encroachment Permit and shall be replaced per City standards and requirements.
27. Encroachment Permits: An encroachment permit shall be required for any work within public rights-of-way and/or easements. An Encroachment Permit shall be issued based upon plans reviewed and approved in writing by the City Engineer, which plans shall contain and reference final, approved public improvement plans and an engineer’s estimate for the work to be performed.
The Applicant shall submit an Encroachment Permit application for review and approval in writing by the City Engineer and shall pay all fees associated 78 EXHIBIT B
CUP24-077 CONDITIONS OF APPROVAL
with the processing and review of the permit. All encroachment permits shall be subject to review and approval in writing by the City Engineer. ___________________________ ____________________
Applicant Signature Date
___________________________ _____________________
Property Owner Signature Date
79 EXHIBIT 2
LOCATION MAP Holly Street
Dias Avenue
Project Site
EXHIBIT 2
CUP24-077 LOCATION MAP
80 AERIAL MAP
EXHIBIT 3
EXHIBIT 3
CUP24-077 AERIAL MAP
Project Site
Parcel Lines
81 Driveway
Existing Building
EXHIBIT 4
SITE PHOTO
Exhibit 4
CUP24-077 Site Photo 82
Hand
Wash
Sink
Counter
Top Main
Room Roaster
Room
Storage
Bathroom
Kitchen
Entrance O ce
Unit A
6.9’ 4.6’
6’
11.8’
18.1’
11.6’
6.8’
4.7’
14.9’
9.3’
8.9’
9.7’
6.8’
3 Comp
Sink
Valenta 7
Exhaust Roaster
Unit A is a separate commercial rental
with its own entrance and no connection
to the proposed roastery in the front unit, Unit B.
83 Hand
Wash
Sink
Counter
Top
31.83’
40.5’
N
Smooth Co ee Company, LLC
Roastery Floor Plan
748 California Ave, Unit B
Submitted by Noah Reeves
P: (831) 915-6624
Main
Room
Roaster
Room
Storage
BathroomBathroom
Kitchen
Entrance
O
ce
Unit A
6.9’
6.9’
6.9’ 4.6’
6’
11.8’
18.1’
11.6’
6.8’
4.7’
14.9’
9.3’
8.9’
9.7’
6.8’
3 Comp
Sink
Valenta 7
Exhaust Roaster
Unit A is a separate commercial rental
with its own entrance and no connection
to the proposed roastery in the front unit, Unit B.
Window Window Window Window
Window
Exhibit 6 Floor Plan
Unit B
84 To whom it may concern,
My name is Noah Reeves, and I am submitting this Letter of Intent as the owner, manager, and sole employee of Smooth Coffee Company, LLC. I am applying for a use permit to operate my coffee roastery at 748 California Ave., Unit B, Sand City, CA 93955.
Smooth Coffee Co. will begin its life as a direct-to-consumer and wholesale coffee roasting business. Our mission is to “Make Modern Coffee Accessible to Anyone” with sustainability, accessibility, and community at the center of every choice we make.
Smooth Coffee Co.’s initial operations will consist only of roasting and packaging coffee between the hours of 7am and 7pm Sunday through Saturday, depending on order volume.
Coffee will be roasted on Coffee Crafters’ Valenta 7, a fully electric roaster with a functional batch capacity of 5lbs. According to MBARD, roasters with a capacity of 5lbs or less are not subject to afterburner or permitting requirements.
Employee parking will be located next door at 756 California Ave via a parking space lease agreement. Orders will be delivered by personal vehicle to post or local address.
Deliveries will consist of pallets of green coffee shipped by freight to the designated loading zone marked on the included site map between 8am and 2pm Monday-Friday.
Materials and equipment stored on site will pertain only to coffee roasting and packaging, including the Valenta 7 roaster, coffee grinder, packaging materials, etc.
I look forward to reviewing these plans with Sand City to begin developing my dream business into something that truly makes an impact on the local community and grows alongside Sand City’s vibrant plans for its future. Thank you for your consideration.
Sincerely,
Noah Reeves
Owner / Manager / Roaster
Smooth Coffee Company, LLC
Exhibit 7 Letter of Intent 85
Exhibit 8, Hazardous Materials Questionnaire
86 AGENDA ITEM
8B.
Approve a Resolution Approving
Conditional Use Permit (CUP 23-007) and
Site Plan for Temporary Truck Storage
(Phase I) and a Food Truck Park and
Community Event Space (Phase II) ("The
Yard") at 725 Dias Avenue
87 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Esme Wahl, Contract City Associate Planner
SUBJECT: Application for a Conditional Use Permit (CUP23-007) for Truck Storage and a Food Truck Park and Community Event Space on property located at 725 Dias Avenue (APN 011-192-003)
Applicant: Jeanne Colletto
DATE: January 21, 2025
_______________________________________________________________________
RECOMMENDATION
Staff recommends the City Council adopt a Resolution, attached as Exhibit 1, to:
1. Determine that the subject project is exempt from CEQA (Categorical Exemption Class 1, CEQA Guidelines §15332, In-Fill Development Projects); and
2. Approve Conditional Use Permit (CUP) 23-007 and the proposed Site Plan, based on findings in Exhibit 1A and subject to conditions of approval in Exhibit 1B.
BACKGROUND
An application was submitted by Jeanne Colletto (the “Applicant”) for a Conditional Use Permit (CUP 23-007) to utilize an approximately 6,700 square foot fenced, unimproved lot at 725 Dias Avenue (APN 011-192-003) (the “Subject Property”) as a storage yard, for a period of two years, and thereafter as a food truck court and community event space (the “applicant’s proposed use”). See Exhibit 2, Location Map and Exhibit 3, Aerial Map.
The current use permit application no longer matches the Applicant’s initial Letter of Intent (Exhibit 6). This request evolved over the course of the application process, as follows:
• September 12, 2023: the Applicant submitted their application; • October 5, 2023: the City submitted a grant application for the Recompete Strategy Development Grant to help assist the Applicant’s project; 88 • March 5, 2024: City planning, building, engineering, and public works staff met with the Applicant at City Hall to discuss the information that was still outstanding for a complete application;
• September 9, 2024: the Applicant submitted an amended Letter of Intent to request use of the property for truck storage for up to 3-years while they raised funding for the food truck park use; and
• September 22, 2024: the Applicant submitted revised plans for the food truck park.
Project Description
The Applicant proposes improvement and use of the Subject Property in two phases, as follows:
Phase I: Corporation Yard (single user truck and equipment storage) The Applicant proposes to establish outdoor storage of four (4) trucks, on-site parking for six (6) employees, and installation of a standard shipping container for storage of tools related to the hauling business.
Hauling trucks will be dumped on the day of the haul, unless the disposal site is closed, in which case trucks will be parked overnight on-site, with truck beds covered and dumped the morning of the next business day. No deliveries are proposed and no hazardous materials are proposed to be stored on the site. No exterior site improvements or interior building improvements are proposed. See Exhibit 4, Site Photos.
Access to the property is proposed to be restricted to the existing California Avenue entrance. Hours of operation are 7:30 a.m. to 4:30 p.m. Monday through Saturday.
The proposed use will operate on the site for a period of two years and thereafter will transition from commercial/industrial use (Phase I) to a retail-oriented use (Phase II) consistent with uses allowed in the MU-P Zoning District. Use of the Subject Property as a storage yard is a non-conforming use and may not be renewed after the two-year period.
No site improvements are proposed for Phase I.
Phase II: Proposed Food Truck Court:
The Applicant proposes improvement and use of the Subject Property to establish an openair food truck court and community event space (the Yard). The 6,665 square feet site is proposed to be improved and used as follows (square feet references are approximate):
89 • 5,823 square feet of ADA engineered wood fiber (EWF) mulch to be used throughout the site within areas proposed for pedestrian circulation; • 662 square feet of landscaped area, located in the center of the Subject Property around the seating;
• 180 square feet of decomposed granite (DG);
• Four (4) 240 square feet spaces for each food truck or trailer; • Two portable restrooms comprised of one regular and one ADA accessible portable restroom, including a hand wash station;
• Space for up to four (4) temporary pop-up retail shops; • 31 seats for food service customers distributed within the following areas:
Two firepits with seating;
Bistro lounge seating area;
• 240 square feet stage and 200 square feet assembly area; • A water storage tank;
• A two foot (2’) tall retaining wall delineating the bistro seating area; • Bike rack; and
• A play element comprised of wooden blocks.
On-site parking is not proposed. Pedestrian entrances are located along both the Dias Avenue and California Avenue frontages. Food trucks/trailers would enter the site daily using the existing curb cuts on Dias Avenue and California Avenue. The existing curb cuts do not meet the minimum width for commercial driveways per City standards. See Exhibit 5, Site Plan.
Hours of operation are proposed from 7am to 9pm, daily. Food truck service at the Yard will typically include a lunch and dinner service. Special and/or private events could include movie nights, art exhibitions, and farm-to-table dinners. All special events would occur 90 within the stated hours of operation. If the Applicant plans to hold an event that exceeds 100-participants or goes past 9pm, a Special Event Permit will be required.
In addition to the food truck operators, at least one (1) employee (owner/co-owner) would be on-site during open business hours.
Product shipments to/from the site with loading/unloading activities are required to occur only within the hours of operation stated above.
Site Description
The subject property is an approximately 65’ W x 150’ L parcel, comprised of two legal lots of record with frontage on both Diaz Avenue and California Avenue. The site is unimproved, with the exception of fencing and gates. Along the California Avenue frontage, the property is screened by a chain link and wood fence. Along the Dias Avenue frontage, fencing includes a combination of a wood fence and a metal gate.
The surface of the site and interior driveway is a rough combination of bare ground, gravel and sparse ruderal vegetation throughout the site.
The street improvements (i.e. curb, gutter, drive-apron, etc.) are in substandard condition along the Subject Property’s California Avenue and Dias Avenue frontage. The driveway serving the site from the California frontage is inconsistent with City Commercial Driveway design standards. Commercial driveways are required to have a 12-foot-wide approach.
The California Avenue driveway is 16 feet wide, with 2-foot 6-inch ears on each side, resulting in an 11-foot-wide approach. There is no driveway on Dias Avenue currently.
Utilities (i.e. gas, electric, water, sewer, etc.) have not been provided to the site.
Previous Entitlements and Uses
The subject site has been used most recently, from February 6th 2018 to February 6th 2023, as a corporation yard by a masonry business for the storage of tools, machinery, and vehicles. Conditional Use Permit CUP 619 allowed such uses subject to 25 conditions of approval, which reduced the negative impacts on the surrounding community that can be associated with a corporation yard. At the time that this use was in operation, it was located within the MU-P Zoning District. As such, this previous use was defined, by operation of the SCMC Section 18.70 as a nonconforming use as : “…a … premises legally …used at the time of adoption of the ordinance …which … premises is not in full conformity with the use regulations of the district in which same is located; (Municipal Code Section 18.04.380).
The subject application for Conditional Use Permit CUP23-007 was submitted by Jeanne Colletto on September 12, 2023, and accepted for filing thirty (30) days thereafter.
Submittal of the application and acceptance for filing occurred more than sixty (60) days after cessation of the previous non-conforming use and cannot be re-established pursuant to provisions of Municipal Code Chapter 18.04 (see discussion regarding Zoning Ordinance consistency below). The proposed use is similar in nature to the 91 nonconforming use established via CUP 619 with respect to the storage of trucks, truck trailers, employee parking, storage of equipment and material.
General Plan, Zoning, and Surrounding Land Uses
General Plan
The Subject Property has a General Plan land use designation of Mixed-Use (MU-D) and is within the ‘Old Town Planning District’. Applicable Land Use Element policies are as follows:
• Goal 2.1: Transform the Old Town district from an area of heavy industrial, unplanned land use mix and warehouse uses to a planned area of light manufacturing, service commercial and residential uses, with a heavy emphasis towards streetscape beautification.
• Policy 2.1.1: Encourage the establishment of new land uses within the Old Town district that: • Provide goods and services required by the community and surrounding area • Are generally complementary to other desirable businesses in the area and are residentially compatible in terms of being low-impact neighbors to residential uses • Contribute to a diversity of activities that could include artisans, ethnic markets, and restaurants, entertainment, and incubator industries
• Policy 2.1.2: Prohibit any new self-storage or purely warehouse uses.
Vibrancy Plan
Vibrancy Plan recommendations for commercial development in the area are principally intended to support transformation of the warehousing/manufacturing/commercial – service orientation of the core planning area to one oriented to retail and visitor serving uses. The Vibrancy Plan includes tools focused on increasing commercial and visitor serving uses in the area:
• LU-1d. “Strive for the greatest concentration of retail uses, restaurants, brew pubs, artists’ studios, and entertainment venues along Contra Costa Street, Ortiz Avenue, and adjoining side streets.”
• LU-1h. “…The market is strongest for residential, then industrial, followed by mixed use, commercial retail, and then office …. Of these, commercial retail is the use most aligned with the City’s vision. Residential units (including residential within mixed use or live work units) increase the immediate customer base”. • LU-1e. “Establish locations for use by food trucks or other mobile vendors.” 92 • ED-4: “Encourage and facilitate the establishment of small-scale retail, entertainment, and visitor-serving businesses.”
Zoning Code Regulations
The Planned Mixed Use (MU-P) zoning district, within which the site is located, implements General Plan and Vibrancy Plan policies and recommendations. A corporation yard or outdoor truck storage yard are not principal permitted or conditional uses in the MU-P District (SCMC Chapter 18.13).
The truck yard and equipment storage use, by itself, is inconsistent with the above referenced General Plan / Vibrancy Plan policies and is not listed as either a permitted or conditional use in the MU-P District.
The proposed truck yard use could be considered as a continuation of the previous, similar “nonconforming use”, a corporation yard without significant structures on-site, for a masonry business (CUP619), if commenced within sixty (60) days of February 6, 2023 (Municipal Code Section 18.70.050). However, that previous “nonconforming use” ceased in February 2023, and an application for a Conditional Use Permit was not submitted for City Council approval nor was the same or a similar use legally established on the site within the sixty (60) after operations cease. The proposed truck and equipment storage use cannot be considered a nonconforming use, and, by itself, would not be allowed due to inconsistency with the General Plan / Vibrancy Plan and MU-P Zoning District.
However, such a use can be allowed provided it is integrated as a first phase of a use that is allowed.
While an outdoor food truck park and community event space is not expressly stated as a conditional use pursuant to SCMC Section 18.13 (MU-P), the City can allow any other use not expressly listed as a conditional use if the City Council finds such use to be consistent with the goals and policies of the Sand City General Plan and the purposes of this zoning district (SCMC Section 18.13.040.P). The proposed use of the subject property as an open-air food truck court and community event space is consistent with the above referenced General Plan and Vibrancy Plan policies listed above.
Surrounding Land Uses:
The property is predominantly surrounded by light industrial and commercial uses. The nearest residence is across the street on Dias Avenue, less than 100-feet away.
Analysis
Phase I: Truck and Equipment Storage
Land Use
The truck yard and equipment storage use, by itself, is inconsistent with the above referenced General Plan / Vibrancy Plan policies and is not listed as either a permitted or conditional use in the MU-P District.
93 A truck and equipment storage yard (corporation yard) use may be allowed if determined to be a continuation of the previous, similar “nonconforming use”, a corporation yard for a masonry business (CUP619). The proposed new use would need to be fully permitted and operational, including any condition compliance, commenced within sixty (60) days of February 6, 2023, the date that the masonry business ceased use of the site. (Municipal Code Section 18.70.050.C). However, that previous “nonconforming use” ceased nearly two years ago, and a similar use was not legally established and an application to extend such use was not submitted within the (60) day time limit for continuation after operations cease. The proposed truck and equipment storage use, therefore, cannot be considered a nonconforming use, and, by itself, would not be allowed due to inconsistency with the General Plan / Vibrancy Plan and MU-P Zoning District.
The applicant’s letter of intent overcomes the above restriction (Exhibit 6) by combining the corporation yard use as the first phase of an overall plan to develop the site with a proposed Phase II, food truck court, consistent with policies and recommendations of the General Plan / Vibrancy Plan.
No property improvements are proposed for the subject corporation yard use. To ensure the inter-relationship of Phases I and II, conditions of approval require improvements, consistent with the nature of the Phase I use, yet also useful for Phase II improvement and use, to be completed during the two years that Phase I is in operation. Such improvements include repair/replacement of deteriorated fencing and installation of driveway aprons consistent with the City’s design standards for commercial driveways.
Prior to commencement of Phase I, clearing the site of weeds and debris, minor grading to ensure positive site drainage, and installation of site coverage material sufficient to control dust is required pursuant to Municipal Code section 18.64.060.B.
Parking
Phase I of the project proposes to provide off-street parking for six (6) employees of Jasso’s Hauling. Employees will park their vehicles on-site during the day. Sand City Municipal Code 18.64.060.B requires areas used for parking and storage of vehicles to be surfaced with an asphaltic, cement, or some other appropriate pavement material so as to provide a durable and dustless surface. A condition of approval has been added which requires the Applicant to surface the site in compliance with SCMC section 18.64.060.B.
A condition of approval prohibits parking and/or storage of hauling trucks, trailers, and employee vehicles on any public street.
Use of Site
Mechanical work on vehicles is prohibited on-site.
Driveway Improvements
A condition of approval is included which requires the Applicant to install new driveways per City standards for commercial driveways.
94 Phase II Food Truck Court
Land Use
The General Plan designates the subject property as Mixed-Use Development (MU-D).
This land use designation is implemented by the “Planned Mixed Use” (MU-P) Zoning District. Section 18.13.040.J of the City’s Zoning Ordinance allows restaurants, food service, and food take out subject to the issuance of a Conditional Use Permit. A food truck court is considered a retail restaurant/food service operation, a use that is consistent and compatible with General Plan and Vibrancy Plan policies.
Service Commercial uses are also listed as Conditional Uses in the MU-P Zoning District.
These businesses are defined, in part, as businesses that are engaged in rendering services on a fee or contract basis for all phases of building construction and maintenance.
These conditional uses are those with characteristics that can be made compatible with residential uses as part of, or adjacent to, residential uses. These uses are distinguished from permitted uses in the Heavy Commercial (C-2) District such as contractor’s equipment storage, yard storage, and rental of equipment commonly used by contractors. For this reason, it is necessary to incorporate Phase I proposed use and improvements (truck and equipment storage and related site and access improvements), ordinarily not allowed in the MU-P District, as part of the project.
Parking
The Applicant submitted a site plan that does not accommodate on-site parking, citing state law AB 2097. AB 2097 was signed into law on September 22, 2022 and generally prohibits a public agency from imposing any minimum automobile parking requirement on any residential, commercial, or other development project that is located within ½ mile of a major transit stop.
"Major transit stop" means a site containing any of the following: (a) An existing rail or bus rapid transit station; (b) A ferry terminal served by either a bus or rail transit service; or (c) The intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods.
Sand City has a major transit stop that meets criteria (c). With the implementation of the Better Bus Network on December 10, 2022, Jazz A and Jazz B have a combined frequency of 15-minute service from 7:26 a.m. to 6:48 p.m. at Sand City Station. The Subject Property is located approximately 0.45-miles from the Sand City Station. Therefore, it has been determined that AB 2097 applies to the subject property. While AB 2097 does provide for some exceptions, none would apply in this particular case. AB 2097 may not preclude the enforcement of any requirement for parking spaces that are accessible to person with disabilities.
Sand City’s Municipal Code does not include standards for food trucks or food truck courts.
However, Section 18.64.050 allows the City to apply parking standards for the most similar 95 use. The most similar use is a restaurant use (SCMC Section 18.64.050(O)) which requires one parking space for each 2.5 seats or one space for each 50 square feet. 31 seats are proposed, resulting in a requirement of twelve (12) on-site parking spaces. However, the City is currently in the process of amending the Municipal Code parking requirements, including parking requirements for restaurant uses. The Municipal Code parking revisions will be considered at the January 21, 2025 City Council meeting. Proposed code revisions under consideration will reduce the required off-street parking space ratio to one space per four seats, or one space per 125 square feet, resulting in eight (8) parking spaces required to be accommodated on-site based on the proposed number of seats.
Requiring eight (8) parking spaces on-site would result in half of the site being taken up for parking. Due to the size and configuration of the Subject Property, it is recommended that only half of the required parking be required pursuant to Municipal Code section 18.64.070.
This would result in a requirement of four (4) on-site parking spaces, including one (1) ADA van accessible space and a 20-foot access drive per Section 18.64.040.
Given the limited supply of parking in the City’s West End District, the City believes it is in the Applicant’s best interest to provide four (4) parking spaces on-site to accommodate its activities. However, the Applicant has pointed to AB 2097, meaning the four (4) required on-site parking spaces cannot be enforced pursuant to the applicability of AB 2097. The applicant may still voluntarily comply with this requirement to provide customers with parking options. The requirement of one (1) ADA van accessible space and a 20-foot access drive per Section 18.64.040 is still applicable.
A condition of approval is included which requires the Applicant provide one (1) ADA van accessible space on-site.
Noise
The Applicant will be required to follow all noise guidelines as outlined in Sand City Municipal Code Section 8.04 (Loud Noises). Noise associated with the Applicant’s Use is comparable to the noises produced by a restaurant or café, and will only occur within the hours of 7am to 9pm. All special events must operate within the City’s noise guidelines, including that no outdoor loudspeaker, record player, amplifier, receiver, or musical instrument may be played or operated within the City limits in such a manner that it can be heard at a place 25 feet distant (Municipal Code Chapter 8.04.010).
Any special event that exceeds 100 participants will require a special event permit.
Utilities
The Subject Property is not serviced by the following utilities: gas, electric, water, or sewer.
Within two (2) years of receiving approval from City Council, the Applicant will be required to obtain a water allocation, permit, and water meter set; install PG&E electrical service; 96 connect to the Seaside County Sanitation District sewer collection system and obtain required permits.
The applicant is required to obtain the authorization of the necessary water credits through the Sand City water entitlement, as well as complete all permitting requirements consistent with Monterey Peninsula Water Management District.
Lighting
A lighting plan will be required to provide a building code compliant exit path of travel and to provide safe use of the Subject Property during nighttime. Dark Sky standards will be required, ensuring that lighting is shielded and directed only onto the surfaces intended to be illuminated.
Trash and Trash Enclosure
The submitted site plan includes 95-gallon trash, recycling, and organics bins. GreenWaste reviewed the site plan and, based on the proposed use, recommends a two (2) yard trash bin, a two (2) yard recycle bin, and two (2) 95-gallon organics bins scheduled for weekly pick-up. A condition of approval has been included to require the recommended bin types and pick-up schedule. The bins shall be covered with a fully roofed trash enclosure, with fire sprinklers and a connection to the sanitary sewer, that is compatible in design with the surrounding buildings on the site.
Circulation
The Site Plan indicates an ADA path of travel through the ADA engineered mulch. The City Building Official and City Engineer have determined that a hard surface will be required for the exit path of travel to meet ADA requirements.
Two (2) food trucks will enter the Subject Property using the driveway apron along the Dias Avenue frontage and two (2) food trucks will enter the property using the driveway apron along the California Avenue frontage. Food trucks will enter the site each day before the Subject Property is open to the public, and will leave the site each day, once the Subject Property is closed to the public. Food trucks will enter and exit the site within the hours of operation stated herein. Compliance with commercial driveway design standards are required.
Signs If the Applicant intends to establish a business sign on the Subject Property, it will be subject to City Design Review Committee (DRC) review and approval and will require the issuance of a sign permit prior to installation.
Fence
The existing fence along California is in deteriorating condition and is not visually attractive.
A condition of approval has been included which requires the Applicant to replace the California Avenue fence with an ornamental fence or other attractive landscape entrance improvements. New replacement fencing should be installed at any time prior to the expiration of Phase I uses to ensure integration of Phases I and II. 97 Restrooms
The site plan indicates one (1) ADA and one (1) regular portable restroom and one wash station. California Building Code requires permanent restrooms facilities for food truck parks. A condition of approval has been included which requires the Applicant to provide a minimum of two (2) fully ADA accessible restrooms with flush toilets and handwashing facilities.
Landscaping
The site plan includes landscaped areas which will be comprised primarily of drought tolerant, native plant species. The site plan also includes a water storage tank for rain water catchment and reuse for landscaping. The site plan includes the preliminary plant species list. The proposed landscaping conforms with SCMC Section 15.12.040 (Landscaping Standards for New Projects).
Conditional Use Permit
Under SCMC Section 18.13.040(J) a Conditional Use Permit is required for a food truck court and community event space, with a corporation yard as a preliminary interim use, in the MU-P Zoning District. Findings and related conditions of approval are included as Exhibits to the City’s Resolution for approval of Conditional Use Permit 23-007 and the Site Plan (attached).
FISCAL IMPACT:
There will be minimal cost associated with the Conditional Use Permit, other than staff time.
CALIFORNIA ENVIRONMENTAL EQUALITY ACT (CEQA):
The intended use of the subject property qualifies for a categorical exemption, under California Environmental Quality Act (CEQA) guidelines section 15332, In-Fill Development Projects, consisting of uses consistent with the general plan and applicable zoning designation, on a parcel within city limits on a project site of no more than five acres surrounded by urban uses, and with no value as habitat for endangered, rare or threatened species.
ATTACHMENTS:
Exhibit 1: Resolution, including
Exhibit A Findings of Approval
Exhibit B Conditions of Approval
Exhibit 2: Location Map
Exhibit 3: Aerial Map
Exhibit 4: Site Photos
Exhibit 5: Site Plan
Exhibit 6: Letter of Intent
Exhibit 7: Hazardous Materials Questionnaire
98 CITY OF SAND CITY
RESOLUTION SC ___, 2025
RESOLUTION OF THE CITY COUNCIL OF SAND CITY APPROVING
CONDITIONAL USE PERMIT (CUP 23-007) AND SITE PLAN FOR TEMPORARY
TRUCK STORAGE (PHASE I) AND A FOOD TRUCK PARK AND COMMUNITY EVENT SPACE (PHASE II) (“THE YARD”) AT 725 DIAS AVENUE
WHEREAS, Jeanne Colletto (the “Applicant”) submitted an application to the City of Sand City (the “City”) for a Conditional Use Permit and Site Plan approval to utilize the Subject Property as a corporation yard for a hauling business for a time period of two (2) years (Phase I) and after a period of two (2) years to establish and operate a food truck park and community event space (Phase II) (“the Yard”) within the approximately 6,700 square foot existing fenced and vacant lot at 725 Dias Avenue (also fronting the 700 block of California Avenue, APN 011-192-003) (the “Subject Property”), which will accommodate up to four (4) food trucks, four (4) pop-up shops, a stage, and 31 seats (the “Applicant’s Use”); and
WHEREAS, the Applicant’s Use of the Subject Property, at the scale and intensity described in the application and with the appropriate conditions of approval included, is considered consistent with General Plan Policy 2.1.1 and Municipal Code section
18.13.040.P for the non-coastal “Planned Mixed-Use” (MUP) zoning designation of the Subject Property and compatible with neighboring properties and uses; and WHEREAS, the project is not required to comply with City parking requirements pursuant to AB 2097; and
WHEREAS, the Applicant’s Use is subject to Municipal Code section 8.04 (Loud Noises) and is prohibited from generating excessive noise, vibration, odors, and/or pose a general nuisance to neighboring properties or the tenants therein; and WHEREAS, the Applicant’s use during Phase I is considered to be integral to the use of the site during Phase II and the Applicant is required to obtain all necessary approvals for water, sewer, gas and electric from Monterey Peninsula Water Management District, Seaside County Sanitation District, and Pacific Gas and Electric prior to issuance of building permits for Phase II. This is intended to be done within the two (2) year period of the truck hauling business to be located on-site (Phase I); and WHEREAS, if it is determined by the Monterey Peninsula Water Management District that the on-site water credit is insufficient for the Applicant’s Use, the Applicant will be required to receive a water allocation from the City prior to issuance of building permits for Phase II; and
WHEREAS, the type and scale of operation for Phases I and II proposed by the Applicant are considered compatible with a mixed-use community and is not anticipated, as conditioned, to impose negative impacts or blighting influence upon the surrounding units and properties; and
99 WHEREAS, the Applicant’s Use within an urban lot for a Categorical Exemption under CEQA (California Environmental Quality Act) Guidelines, Section 15332 (Infill Development); and
WHEREAS, the City Council of the City of Sand City has reviewed and wishes to adopt the findings for approving Conditional Use Permit CUP23-007 as supported by the City staff report, dated January 21, 2025.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby grant and issue the Conditional Use Permit CUP23-007 and approval of the Site Plan, based on the Findings of Approval in Exhibit A and subject to the terms and conditions in Exhibit B – Conditions of Approval, both of which are attached hereto and incorporated herein by reference.
PASSED AND ADOPTED by the City Council of the City of Sand City this ___, day of _____, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
100
EXHIBIT B
CUP23-007 FINDINGS OF APPROVAL
EXHIBIT A
CITY OF SAND CITY
CONDITIONAL USE PERMIT CUP23-007 FINDINGS OF APPROVAL
Project Name: Conditional Use Permit (CUP23-007) for temporary Truck Storage (Phase 1) and a Food Truck Park and Community Event Space (Phase 2) (“the Yard”)
Address: 725 Dias Avenue, Sand City, CA
Hearing Date: January 21, 2025
Findings for Approval:
The City Council finds that:
1. Finding: The proposed project is exempt from the requirements of the California Environmental Quality Act. The intended use on this property qualifies for a categorical exemption, under California Environmental Quality Act (CEQA) Guidelines Section 15332, Class 32, Infill Development. a. Evidence: The proposed project is fully surrounded by urban uses and the subject property has no value as habitat for endangered species. The proposed project, as conditioned, is consistent with applicable General Plan policies and zoning regulations.
2. Finding: The proposed use, which allows for improvement and use of the subject property in two phases: Phase I is for the express purpose of authorizing use of the property as a corporation yard for the storage of four (4) trucks, six (6) employee vehicles, and a shipping container for a hauling business for a period of two years (until January 21, 2027) and Phase 2 is for the establishment of a food truck park and community event space, including up to four (4) food trucks, four (4) pop-up shops, restrooms and hand wash stations, 31 seats, a bike rack, firepits, a water storage tank, two (2) foot tall retaining wall, a stage and assembly area, and play structure, conforms to the policy direction of the General Plan and the requirements and the intent of the City’s zoning code as follows:
a. Evidence: The proposed project, as defined in the Applicant’s letter of intent, the staff report, and as conditioned, is consistent with the MU – D designation of the General Plan and the Vibrancy Plan. The proposed truck and equipment storage use cannot be considered a nonconforming use, and, by itself, would not be allowed due to inconsistency with the General Plan / Vibrancy Plan and MU-P Zoning District. However, such a use can be allowed provided it is integrated as a first phase of a use that is allowed. Use of the subject property as a food truck court and community event space is consistent with General Plan Goal 2.1 and Policies 2.1.1 and 2.1.2 which encourage new land uses that provide goods and 101
EXHIBIT B
CUP23-007 FINDINGS OF APPROVAL
services to the community, including restaurants and is consistent with Vibrancy Plan LU-1e which encourages establishment of locations for use by food trucks; b. Evidence: The establishment of a food truck court and community event space with the intended use types as described in CUP24-077 and on the Site Plan is allowed under the MU-P zoning regulations (SCMC 18.13.040.P) with an approved Conditional Use Permit. The proposed project complies with the zoning regulations outlined in Sand City Municipal Code Chapter 18.13 (MU-P), including, but not limited to, height, setbacks, and allowable area. c. Evidence: The intended use type for the subject property is compatible with the Planned Mixed-Use (MU-P) zoning of the surrounding properties as indicated on the City of Sand City Zoning Map. The property is predominantly surrounded by light industrial and commercial uses. The nearest residence is across the street on Dias Avenue, less than 100-feet away. Adjacent to the east, the property is owned by the same property owner and proposed for a Conditional Use Permit to allow a coffee roastery. Adjacent to the west of the subject property is a commercial building.
3. Finding: Any additional conditions stipulated by the City Council as deemed necessary in the public interest will be met:
a. Evidence: As conditioned, the project complies with parking requirements, requirements for commercial driveways, requirements for trash enclosures, landscaping.
4. Finding: Such use will not, under the circumstances of the particular case, constitute a nuisance or be detrimental to the public welfare of the community:
a. Evidence: Prior to issuance of building permits, the Applicant must obtain utility connections, including water, electricity, gas, and sewer; b. Evidence: Water allocation to accommodate the proposed use will require City Council approval (Condition #13); and
c. Evidence: Trash receptacles will be screened by a fully roofed and covered trash enclosure with a connection to the sanitary sewer; d. Evidence: The Applicant’s Use is not anticipated to pose an impediment of traffic flow;
e. Evidence: The subject property must comply with Sand City Municipal Code 8.04 (Loud Noises) and events and food service is not allowed past 9:00 PM; and
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CUP23-007 FINDINGS OF APPROVAL
f. Evidence: Special events that do not fall into the hours of operation will be required to obtain a special event permit.
103
EXHIBIT A
CUP23-007 CONDITIONS OF APPROVAL
EXHIBIT B
CITY OF SAND CITY
CONDITIONAL USE PERMIT CUP23-007 CONDITIONS OF APPROVAL Project Name: Conditional Use Permit (CUP23-007) for temporary Truck Storage (Phase I) and a Food Truck Park and Community Event Space (Phase II) (“the Yard”)
Address: 725 Dias Avenue, Sand City, CA
Hearing Date: January 21, 2025
Conditions of Approval:
A. Permit Terms (Phases I and II):
1. Purpose: The Use Permit (CUP23-007) allows for improvement and use of the Subject Property in two phases. Phase I is for the express purpose of authorizing use of the property as a corporation yard for the storage of four (4) trucks, six (6) employee vehicles, and a shipping container for a hauling business for a period of two years (until January 21, 2027). Phase 2 is for the establishment of a food truck park and community event space, including up to four (4) food trucks, four (4) pop-up shops, restrooms and hand wash stations, 31 seats, a bike rack, firepits, a water storage tank, two (2) foot tall retaining wall, a stage and assembly area, and play structure. There shall be no expansion to the scope or intensity of the Applicant’s Use beyond that as authorized by CUP23-007 and the Site Plan approval without either an amendment of said Permit or the issuance of a new land use entitlement permit.
2. Validity: Conditional Use Permit CUP23-007, is not valid, and project use(s) shall not commence, until two (2) copies of this Resolution/Permit, signed by the permittee and landowner, acknowledging receipt of the Resolution/Permit and acceptance of the terms and conditions, are returned to the City's Planning Department. Failure of the applicant to return the two (2) copies of the signed Resolution/Permit within thirty (30) days from the date of City Council approval shall cause said Conditional Use Permit to become null and void unless good cause to grant an extension is approved by the City Manager.
3. Site Improvements: Site improvements for the food truck park must commence by July 21, 2027. Failure of the applicant to begin site improvements by July 21, 104
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2027 shall cause said Conditional Use Permit (CUP23-007) to become null and void unless good cause to grant an extension is approved by the City Manager.
4. Expiration: The use of the subject property as a truck storage yard shall expire on January 21, 2027 (after 2-years of City Council approval) and is not eligible for extension.
5. Violation: If the City determines any term, condition, and/or requirements of Conditional Use Permit CUP23-007 has been violated, written notice shall be issued to the property owner, that if such violation is not corrected or removed within a specified time, a public hearing may then be scheduled where the City Council may consider amending or revoking the Conditional Use Permit CUP23- 007 and may then order said Permits amended or revoked. The Applicant and owner of the Subject Property shall be notified of any such public hearing, and provided an opportunity to address the City Council prior to any action by the City Council to terminate CUP23-007.
6. Indemnification: The property owner agrees, as a condition of the approval of this discretionary development permit, to defend with counsel approved by the City, indemnify, and hold harmless the City of Sand City, its agents, officers, and employees from any legal claims or actions that seek to challenge, void, or annul the permit approval, as outlined in applicable laws. The property owner will reimburse the City for any court costs and attorney's fees the City is required to pay as a result of such actions.
B. Conditional Use Permit Special Conditions:
7. Revised Site Plan (Phase II): A revised and final Site Plan shall be submitted within two (2) years of approval of this permit and include all permit conditions and requirements, to be approved by the City Planner and City Manager.
8. Property Maintenance (Phases I and II): The site shall be maintained in a clean, orderly, weed-free, and litter-free condition. The property owner shall be responsible for maintenance and upkeep of the entire property.
9. Fencing:
a. Phase I: The subject property’s perimeter fence shall be maintained in good condition, with effective visual screening to conceal the interior of the fenced yard. The determination of “good condition” shall be subject to the City interpretation. Said fence shall be maintained to be between six and eight feet (6’ and 8’) in height, sufficient to screen storage within the yard. Barb and 105
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razor wire for any of the site’s perimeter fencing on the Subject Property is prohibited.
b. Phase II: Prior to final occupancy approval, the Applicant shall remove and replace any deteriorated fencing and implement the proposed landscape plan.
10.Hours of Operation:
a. Phase I: Authorized hours of operation on the Subject Property are 7:30 a.m. to 4:30 p.m. Monday through Saturday. All loading/unloading activities, as well as transportation of materials to and from the Subject Property, associated with the use at this site shall only occur within the aforementioned permitted “Hours of Operation”. All activities, including trucks leaving the site, will occur during hours of operation.
b. Phase II: Operation of the Subject Property for the Applicant’s Use shall only occur between the hours of 7:00 a.m. to 9:00 p.m. daily. A Special Event Permit shall be obtained for events that would occur past 9:00 pm.
11.Sale of Alcohol (Phase II): This permit shall constitute the local zoning permit only for ABC permits types limited to on-site sale of beer and wine (with minors allowed) such as Type 41 On – Sale Beer and Wine – Eating Place or Type 47 On Sale General – Eating Place or other type qualified pursuant to ABC regulations.
12.On-Site Parking:
a. Phase I: Parking of company vehicles and trailers and employee vehicles shall occur on-site. Vehicles (company hauling trucks and employee vehicles) associated with the subject use are prohibited from parking off-site. At no time shall unhitched trailers be parked within any City right-of-way in accordance with Sand City Municipal Code Chapter 10.08. The subject property shall not be used for the storage of non-operational vehicles.
b. Phase II: One (1) ADA van accessible space shall be provided on the Subject Property.
13.Surfacing and Dust Control (Phase I): The property owner or applicant shall be responsible for surfacing the areas where vehicles will be parked and stored with 106
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CUP23-007 CONDITIONS OF APPROVAL
asphaltic, cement, or other appropriate pavement material so as to provide a durable and dustless surface per Sand City Municipal Code 18.64.060(B).
Stabilized decomposed granite of an appropriate depth, as reviewed and approved by the City Engineer, could be considered as an option. A grading contractor shall ensure the site drains appropriately to the satisfaction of the City Engineer.
14.Noise (Phases I and II): The Subject Property shall comply with Sand City Municipal Code 8.04 (Loud Noises). There shall be no noise or activity that disturbs the peace and quiet of neighboring businesses or residents. In the event of a complaint regarding activities on the property, the property owner and/or onsite manager shall respond within thirty (30) minutes from time of notification of any issue to address concerns/complaints pertaining, but not limited to, disorderly or unlawful conduct on the subject property, overcrowding of the unit, and/or unreasonable noise or other requirements or limits specified in the Sand City Municipal Code, the City’s administrative policies or procedures, or other governing law.
15.Loading/Unloading:
a. Phase I: Loading and unloading of equipment shall only occur on-site and between the hours of operation as specified herein (7:30 a.m. to 4:30 p.m.
Monday through Saturday).
b. Phase II: Deliveries/shipments and/or loading/unloading activities of inventory and/or products related to the Applicant’s operation at the subject property shall not impede public vehicular circulation on City streets. All deliveries/shipments and loading/unloading of items associated with the Applicant’s Use at the Subject Property shall only occur on-site and between the hours of operation as specified herein (7:00 a.m. to 9:00 p.m. daily).
16.Refuge storage & pickup:
a. Phase I: All materials, parts, tools, equipment, packaging, pallets, and or/any other items stored on the Subject property (other than the hauling trucks) shall be stored within the confines of the storage container. Prior to occupancy, the perimeter fence shall be maintained and replaced with visual screening to effectively conceal the interior of the fenced yard. Storage of non-operating vehicles or related vehicle maintenance activities on the Subject Property is prohibited.
107
EXHIBIT A
CUP23-007 CONDITIONS OF APPROVAL
Trucks holding debris shall be dumped off-site on the day of haul, unless the disposal site is closed. In such instances, the hauling truck beds shall remain covered and dumped during the next business day. In no instance may organic waste be stored in hauling truck beds overnight on the subject property. On site disposal of trash or materials is prohibited, except in designated trash receptacles.
b. Phase II: Trash, litter, boxes, crates, debris, or other used and/or discarded materials generated by the Applicant’s Use shall be stored within the appropriate waste collection receptacle(s). All outdoor waste receptables/bins shall be contained within sight-obscuring enclosures. Plans for trash or material enclosures shall be reviewed and approved by the City Manager or designee and installed prior to final occupancy approval.
17.Signs (Phase I and II): Any sign anywhere on the Subject Property, identifying the Applicant’s business and/or Use, shall be reviewed and approved, in the issuance of a sign permit by the Sand City Design Review Committee (DRC) prior to establishment of any such sign on the Subject Property. The Applicant shall not place any free-standing sign anywhere within City limits without approval.
18.Hazardous Material (Phase I and II): No hazardous materials will be stored or used on-site.
19.Restrooms (Phase II): A minimum of two fully ADA accessible restrooms with flush toilets and handwashing facilities are required on-site.
20.Circulation (Phase II): A fully accessible path of travel between all entrances and exits shall be required. The path of travel shall be ADA compliant and the path material shall be subject to City review and approval.
21.Air District (Phase I and II): The Applicant shall be responsible for complying with applicable rules and regulations of the Monterey Bay Air Resources District.
Failure to comply shall be sufficient grounds for City termination of CUP23-007.
22.Landscaping (Phase II): Landscaping must conform to the plans dated November 2024 and to the revised plans as required by condition B7.
23.Irrigation (Phase II): Applicant is required to maintain landscaping in good, healthy condition.
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D. Building Department (Phase II):
24.Building and Fire Code: The Applicant shall comply with all Building and fire code requirements. Building permits will need to be acquired for all construction related activities, including construction of restrooms, stage, and trash enclosures, subject to approval of the City Building Official.
25.Trash Enclosure: The trash enclosure shall be fully roofed and covered with a sanitary sewer connection. A fire sprinkler shall be installed within the trash enclosure. Trash dumpsters shall be sited in a location with sufficient access for pick-up, subject to review and approval of the Building Official. Except on a designated trash collection day, said waste receptacle(s) shall be screened and/or enclosed from public view. The property owner shall be responsible for arranging and providing waste hauler access for standard pick-up services, subject to review and approval of the City Building Official.
26.Electric and Gas: Prior to issuance of building permits, the Applicant shall be required to install electrical and gas services as needed for the project.
27.Lighting: A lighting plan shall be submitted within two (years) of approval of this permit to indicate the type and location of exterior lighting to provide a code compliant exit path of travel.
28.Retaining Walls: If required for the Project, retaining walls greater than 4 feet in height from bottom of footing to top of wall shall be structurally engineered and shall require a building permit. Retaining walls shall be located on-site and entirely within the property. Retaining walls shall be reviewed and approved by the City Building Official.
E. City Engineer:
29.Public Improvements (Phase I and II): Public improvements required for the project shall be designed and installed by the Applicant in accordance with City standards and requirements, and to the satisfaction of the City Engineer. All public improvements shall be shown on public improvement plans and shall be designed by a California licensed professional civil engineer. a. Driveways (Phase I): The existing driveway on California Avenue does not meet the City standard for a commercial driveway. During Phase I, prior to the expiration of the 2-year term for the truck storage yard, the Applicant shall install a new driveway on California Ave. and on Dias Ave. to serve the 109
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proposed Phase II use. All driveways shall be installed per City standards and requirements.
b. Utility Improvement Plans (Phase II): Before operation of the Food Truck Yard may begin, the applicant shall install any utilities that are required for the Project. The Applicant shall submit a Utility Improvement Plan showing how utilities will serve the property. The Utility Improvement Plans shall identify all utilities and connections required for the Project, including but not limited to storm drainage, sanitary sewer, water, electric, gas, telephone, cable, and associated infrastructure. Any trenching of street asphalt pavement and/or concrete for utility connections shall require an Encroachment Permit and shall be replaced per City standards and requirements.
c. Encroachment Permits (Phase I and II): An encroachment permit shall be required for any work within public rights-of-way and/or easements. An encroachment permit shall be issued based upon final, approved public improvement plans and an engineer’s estimate for the work to be performed.
The Applicant shall submit an encroachment permit application to the City and shall pay all fees associated with the processing and review of the permit.
All encroachment permits shall be subject to review and approval by the City Engineer.
d. Coordination of Plans (Phase II): All public and site improvement plans (architectural, civil, electrical, landscaping, etc.) shall be fully coordinated with each other to ensure that the improvements may be constructed safely and without conflict with one another.
30.Stormwater Management: The project shall comply with applicable requirements of Sand City Municipal Code (SCMC) 13.05 Stormwater Management and the City’s Phase 2 National Pollutant Discharge Elimination System (NPDES) General Permit, including the Post-Construction Stormwater Management Requirements for Development Projects in the Central Coast Region (PCRs).
a. Water Runoff (Phase I and II): The Applicant and/or the Use, and the employees and patrons thereof, shall not create water run-off within the City in accordance with Chapter 13.05 of the Sand City Municipal Code regarding Storm Water Management. The Applicant is prohibited from washing dust, debris, or particulate into the street, storm drain, and/or sewer 110
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system. There shall be no washing of vehicles on the Subject Property or within any public right-of-way in Sand City.
b. Determination (Phase II): The Applicant shall complete a Stormwater Compliance Tracking Form or similar documentation for review by the City Engineer, to determine whether the Project is subject to these requirements. c. Stormwater Control Plan (SWCP) (Phase II): If applicable, the Applicant shall prepare and submit a Stormwater Control Plan (SWCP) for the Project demonstrating compliance with the PCRs. The SWCP shall be prepared by a California licensed professional civil engineer. The SWCP shall be prepared in accordance with the latest adopted Stormwater Technical Guide (STG) and templates.
d. Agreement Regarding Maintenance and Right of Entry for Stormwater Control Measures (Phase II): If determined that the Project is subject to the PCRs and structural Stormwater Control Measures (SCMs) are required, the Applicant shall enter into a written agreement with the City to provide for the long-term operation and maintenances of all SCMs. This agreement shall provide for ongoing maintenance and verification of maintenance by the Owner and any successors in interest, among other provisions. This agreement shall be based on the City’s latest adopted template and shall be prepared per City requirements. A fully executed copy of this Agreement shall be required prior to final certificate of occupancy. e. Operation and Maintenance Plan (OMP) (Phase II): If determined that the Project is subject to the PCRs and structural SCMs are required, the Applicant shall prepare and submit an OMP that establishes, identifies, directs, and records the operation and maintenance of all Project SCMs.
The OMP shall be prepared by the project civil engineer in accordance with City requirements and the City’s latest adopted Stormwater Technical Guide (STG) and templates.
f. Certification of SCMs (Phase II): If determined that the Project is subject to the PCRs and SCMs are required, the Applicant shall provide written certification by a California licensed professional civil engineer that all Project SCMs were constructed in accordance with the Project’s approved improvement plans and SWCP. The certification shall meet City requirements and shall be signed and stamped by a California licensed civil 111
EXHIBIT A
CUP23-007 CONDITIONS OF APPROVAL
engineer. The certification shall be provided to the City prior to the issuance of any certificate of occupancy for the Project.
g. Best Management Practices (BMPs) (Phase II): During all phases of construction and/or land disturbance activities, the Project shall implement site-specific BMPs to protect water quality and prevent storm water pollution, as required by SCMC 13.05 Stormwater Management. The Application shall submit an Erosion and Sediment Control Plan (ESCP) or Water Pollution Prevention Plan (WPPP), as applicable, for review and approval by the City Engineer, prior to the issuance of any grading and/or building permit(s).
F. Agency Requirements (Phase II)
31.Water: Prior to issuance of building permits, the Applicant must obtain a Water Permit from the Monterey Peninsula Water Management District (MPWMD). The Applicant must follow all water efficiency standards as set forth by the Water Permit. If additional water credits are required for the Change of Use, further water allocation will require separate City Council approval. The approval of the Conditional Use Permit (CUP23-007) does not convey water to the property.
32.Sewer: Prior to issuance of building permits, the Applicant must obtain a sewer permit for Change of Use from the Seaside County Sanitation District.
33.Agency/Department Compliance: All requirements of the City’s Planning, Building, Fire, Public Works, and Engineering Departments, and the requirements of any Agencies with Jurisdiction (AWJ) over the project, including but not limited to: California American Water, Monterey Peninsula Water Management District, Seaside County Sanitation District (SCSD), Monterey One Water, and the Monterey County Health Department shall be implemented to the satisfaction of each agency/department. All requirements of AWJ over the project shall be met to the satisfaction of the City prior to issuance of any building permits and/or certificates of occupancy for the project.
34.Water and Sewer: All water and sewer improvements shall be designed and constructed in accordance with the standards and specifications of California American Water (Cal-Am) and the SCSD, and to the satisfaction of the City Engineer. The Applicant shall provide approvals from both Cal-Am and the SCSD for all water and sewer improvements, and/or connections. 112
EXHIBIT A
CUP23-007 CONDITIONS OF APPROVAL
G. General Requirements:
35.Examination of Plans (Phase II): All site and improvement plans, documents, reports, and supporting materials for the Project shall be reviewed and approved by the City prior to the issuance of any building or encroachment permits. Any and all requirements specified by the City during the plan review process shall be implemented to the satisfaction of the City.
36.Building Permit (Phase II): The Applicant must obtain a building permit, and all City final approvals must be granted before any food service may commence.
37.Phase II: Applicant must comply with all City rules and regulations, including but not limited to the City’s Building Department’s rules and regulations.
38.Phase II: Applicant must comply with all applicable rules and regulations including but not limited to Monterey County Department of Consumer Health rules and regulations.
39.Interpretation (Phase I and II): Any questions of intent or interpretation regarding any condition of Use Permit CUP23-007 shall be resolved by the City Manager or Designee.
40.Business License (Phase II): The Applicant shall acquire, maintain, and annually renew a Sand City business license for the duration of the Applicant’s Use at the Subject Property. Failure to maintain a current Sand City business license may be sufficient grounds for termination of CUP23-007.
___________________________ ____________________
Applicant Signature Date
___________________________ _____________________
Property Owner Signature Date
113
EXHIBIT 2
LOCATION MAP
Dias Avenue
EXHIBIT 2
CUP23-007 LOCATION MAP
Project Site
114
EXHIBIT 3
AERIAL MAP
EXHIBIT 3
CUP23-007 AERIAL MAP
Project Site
Parcel Lines
115
EXHIBIT 4
SITE PHOTOS
Exhibit 4
CUP23-007 Site Photos
Dias Avenue
California Avenue
116
O W N E R : J E A N N E C O L L E T T O , ( 8 31 ) 917 - 6 0 10 A P N 0 11 - 19 2 - 0 0 3 P M U P A R C E L
THE YARD SCHEMATIC LANDSCAPE DESIGN PACKAGE
E xhibit 5 Site Plan
117
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L O T 6 , 7, 9 ,11 E A S T M O N T E R E Y NOVEMBER 2024 L0.00 SITE ANALYSIS
SUNSET
CURB CUT
CURB CUT
SUNNY
TREES
ROAD SOUNDS
0 10 20 40
3 4
9 5
7 8
5 6
1 SUNRISE
APARTMENTS
SHED
1 2 3 4 5 6 7 8 9
AFTERNOON SHADE
PROPERTY LINE
MORNING SHADE
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L O T 6 , 7, 9 , 11 E A S T M O N T E R E Y NOVEMBER 2024
DESIGN PRECEDENTS
119
PAGE 4
3 4
6 2
3 4
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6 6
7 7
8 8
9 10
9 12
12 15
16 16 16
14 11
11 1
1 13
17 L O T 6 , 7, 9 ,11 E A S T M O N T E R E Y NOVEMBER 2024 0 8 16 36 L1.00 CONCEPTUAL SITE PLAN
1. REGULAR AND ADA PORT-A-POTTY AND WASH
STATION*
2. ADA RAMP TO STAGE
3. FOOD TRUCKS
4. POP-UP SHOPS / FLEX SPACE
5. BIKE RACK
6. FIREPIT SEATING
7. BOARDWALK OVER SWALE
8. PEDESTRIAN ENTRANCE
9. VEHICLE ENTRANCE
10. WATER STORAGE
11. PLANTED BIOSWALE
12. BISTRO LOUNGE SEATING
13. REPLACE (E) RETAINING WALL, 2’ MAX
14. TRASH / RECYCLE / COMPOST
15. STAGE / DECK
16. PLAY ELEMENT / SEATING, FINAL DESIGN TBD
17. SHADE WALL
LEGEND
PRELIMINARY PLANT LIST
*SUBJECT TO CHANGE AWAITING SAND CITY’S DECISION TO SPONSER
PUBLIC RESTROOMS WITH COOPERATION OF PROPERTY OWNER
SITE PLAN
SITE SECTION A A
A
BOTANICAL NAME COMMON NAME
SHRUBS / PERENNIALS
ACHILLEA MILLEFOLIUM COMMON YARROW
ARCTOSTAPHYLOS 'PACIFIC MIST' MONTEREY MANZANITA
ARCTOSTAPHYLOS MANZANITA 'DR. HURD' DR. HURD MANZANITA
ARMERIA MARITIM
A THRIFT SEAPINK
ARTEMISIA PYCNOCEPHALA 'DAVID'S CHOICE' DUNE SAGEWOR
T
CAREX PANSA SAND DUNE SEDGE
CHONDROPETALUM TECTORUM 'EL CAMPO' SMALL CAPE RUSH
DESCHAMPSIA CESPITOSA TUFTED HAIRGRASS
ERIOGONUM LATIFOLIUM COAST BUCKWHEAT
ERIOPHYLLUM STAECHADIFOLIUM SEASIDE WOOLLY SUNFLOWER
ESCHSCHOLZIA CALIFORNICA VAR. MARITIMA CALIFORNIA POPPY 'MARITIMA'
FRAGARIA CHILOENSIS BEACH STRAWBERRY
JUNCUS PATENS COMMON RUSH
SALVIA MELLIFERA BLACK SAGE
SISYRINCHIUM BELLUM BLUE EYED GRASS
TREES
ARBUTUS MARINA PACIFIC MADRONE
CEANOTHUS 'RAY HARTMAN' RAY HARTMAN CEANOTHUS
HETEROMELES ARBUTIFOLI
A TOYON
SALIX LAEVIGATA RED WILLOW
VINES
BOUGAINVILLEA 'BABARA KARST' BARBARA KARST' BOUGAINVILLEA
VITUS CALIFORNICA 'ROGERS' RED' CALIFORNIA GRAPE 'ROGERS RED' 120
FS 36
FS 34.5
FS 35
FS 34
16'
15'
142'-1"
12'
20'
4'
10'
20'
46'-8"
1'
L1.00
LANDSCAPE SITE PLAN
NOT FOR CONSTRUCTION
“I, MARIE GOULET, CERTIFY THAT THIS LANDSCAPING AND IRRIGATION PLAN COMPLIES WITH ALL MONTEREY COUNTY LANDSCAPING REQUIREMENTS INCLUDING USE OF NATIVE DROUGHT TOLERANT, NON-INVASIVE SPECIES, LIMITED TURF AND LOW FLOW, WATER CONSERVING IRRIGATION FIXTURES.” 1" = 8'
8' 0 8' 16'
PAGE 5
1 1
2 3 4
4 5
6 6
7 8
8 9
9 10 12
13 17
15 16
14 11
L O T 6 , 7, 9 , 11 E A S T M O N T E R E Y NOVEMBER 2024
1. REGULAR AND ADA PORT-A-POTTY AND WASH
STATION*
2. ADA RAMP TO STAGE
3. FOOD TRUCKS
4. POP-UP SHOPS / FLEX SPACE
5. BIKE RACK
6. FIREPIT SEATING
7. BOARDWALK OVER SWALE
8. PEDESTRIAN ENTRANCE
9. VEHICLE ENTRANCE
10. WATER STORAGE
11. PLANTED BIOSWALE
12. BISTRO LOUNGE SEATING
13. REPLACE (E) RETAINING WALL, 2’ MAX
14. TRASH / RECYCLE / COMPOST
15. STAGE / DECK
16. PLAY ELEMENT / SEATING, DESIGN TBD
17. SHADE WALL
LEGEND
ADA PATH OF TRAVEL
NOTE: MAX SLOPE
THROUGHOUT SITE IS NOT
TO EXCEED 5% EXCEPT IN
BIOSWALE / PLANTING AREAS
*SUBJECT TO CHANGE AWAITING SAND CITY’S DECISION TO SPONSER
PUBLIC RESTROOMS WITH COOPERATION OF PROPERTY OWNER
0 8 16 36
L1.01 SITE PLAN BASE ELEMENTS AND DIMENSIONS
• LOT TOTAL: 6665 SQ FT
• ADA ENGINEERED MULCH: 5823 SQ FT
• PLANTED AREA: 662 SQ FT
• STABILIZED DG: 180 SQ FT
SITE COVERAGE:
121
PAGE 6
L O T 6 , 7, 9 ,11 E A S T M O N T E R E Y NOVEMBER 2024
PLAY SPACES PRECEDENTS
122
PAGE 7
L O T 6 , 7, 9 , 11 E A S T M O N T E R E Y NOVEMBER 2024
MATERIALS
123
Exhibit 6 Letter of Intent
124
125
&YIJCJU)B[BSEPVT.BUFSJBMT2VFTUJPOOBJSF
126
AGENDA ITEM
9A.
Approve a Resolution Approving and
Adopting a Tickets and Passes Distribution
Policy
127
City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager and Adam Lindgren, City Attorney SUBJECT: Tickets and Passes Distribution Policy
DATE: January 21, 2025
RECOMMENDATION:
Consider a resolution approving and adopting a Tickets and Passes Distribution Policy in accordance with Fair Political Practices Commission regulations on the reporting of gifts by public officials.
BACKGROUND:
Sand City is firmly committed to supporting vital local organizations and activities. In many cases, this support takes the form of City sponsorships, grants, or in-kind professional services. In exchange for these sponsorships and contributions from the City and in some cases, simply as a result of an organization’s generosity, the City frequently receives tickets and passes for admissions to a facility or an event. A public purpose of the City is served in many situations where the City receives and distributes tickets and passes for admission to a facility or an event.
Historically, the City, like other sponsors, has distributed these tickets and passes to and among its employees and officials. However, recent changes to the Political Reform Act’s rules and the Fair Political Practices Commission (“FPPC”) guidance interpreting these rules, now impose additional reporting requirements for receipt of these tickets and passes. In particular, the receipt of such tickets or passes may now be considered gifts to public officials, if they are not reported as income or if they are not distributed in accordance with a written policy adopted by the legislative body that complies with the FPPC regulations. This is the case even if the tickets or passes are the result of City sponsorship.
The City Attorney recommends adoption of the attached policy. The recommendation is not a result of any complaint by a member of the public or the FPPC, but is recommended in order to comply with state law and as a matter of good, professional practice and ethics.
DISCUSSION:
The policy provides for the City’s distribution of tickets and passes received from outside entities that are not earmarked for a specific official’s use. The policy also covers tickets or passes received in the following situations: pursuant to a contract, because the City owns or controls the facility or venue(s) at which the event occurs, the City sponsors the event, or because the City purchased the tickets or passes. In each of these cases the tickets will not result in a reportable gift to an individual official if the ticket or pass is distributed in accordance with the following procedures.
128
Tickets and passes received from an outside source must be forwarded to the City Manager or her designee. The City Clerk, or her designee, is charged with determining the fair value of the tickets, the individual who may use them, and must report their distribution in a FPPC Form 802. If the City receives tickets or passes pursuant to a contract, because the City owns or controls the facility or venues at which the event occurs, the City sponsors the event, or because the City purchased the tickets or passes, a public official may request that the City Manager, or her designee, either (1) approve his or her receipt of the tickets or passes or (2) approve the public official’s request to distribute the ticket or pass to an individual or organization outside the City, and the distribution of said tickets or passes shall be reported by the City Clerk on the FPPC Form 802. Because of the complexity of these regulations, the City Manager may designate a single person for the distribution of tickets and passes for all events and activities. The City anticipates that the City Manager will designate the City Clerk to administer the Tickets and Passes Distribution Policy.
Once a ticket or pass is distributed, the ticket or pass cannot be transferred to any other person, “except to members of the official’s immediate family or no more than one (1) guest solely for their attendance at the event.” 2 CCR 18944.1(b)(3). This implicitly recognizes the reality that participation of public officials in these events is a value to the community not only for the participation of the public official or employee, but also for the participation of his or her immediate family or one (1) guest outside the official’s immediate family.
All distributed tickets and passes must be documented in a FPPC Form 802 completed by the City Manager or his designee. The completed Form 802 must then be filed with the City Clerk and posted on the agency’s website within 45 days of distribution. A link to the website location of the forms must be e-mailed to FPPC at [email protected]. The FPPC will post on its website the link to each agency’s policy and completed forms. Since the City Manager must only file a Form 802 per event, it alleviates the need for each individual employee or official to report receipt of the ticket or pass on their Form 700.
As an alternative to adopting a policy in accordance with Section 18944.1, the individual City Council members and employees may accept tickets and passes up to an aggregate amount of $630 per source in a calendar year and report the receipt of such tickets and passes on their Form 700 and as required under state and federal income tax laws.
Examples of the Policy’s Application to Specific Scenarios.
1. What if a member of an outside entity wants to give a ticket to a specific City official, such as a Councilmember?
If a ticket from an outside source is specifically earmarked for a City official such as a Councilmember, then the ticket cannot be distributed under the Policy. The Councilmember would either need to (1) accept the ticket and report it as a gift on his or her Form 700; or (2) decline the ticket, and then it will not be considered a “gift” under the FPPC gift regulations.
2. If a City official receives two (2) passes to an event under the Policy, and she gives her daughter a ticket to the event, and the City official becomes ill, may the daughter still attend the event without her mother who is the City official? Does it make a difference if the City official gave the ticket to her best friend?
The daughter is permitted to attend the event without her mother, as long as the tickets were distributed under the terms of the Policy, because the City official is permitted to give a ticket 129
to members of her family. The City official is also able to give a ticket to no more than one (1) guest solely for their attendance at the event, so as long as the tickets were distributed under the terms of the Policy, the guest is permitted to attend the event alone.
3. If a City Councilmember gets access to an event, hosted by an outside entity, just by showing an ID or business card, will the admission be considered a gift under the FPPC guidelines or can the admission be exempt under the Policy?
Under the Policy, tickets or passes from outside sources may not be earmarked for a specific official’s use, and the ticket or pass would have to be forwarded to the City Manager or his or her designee for him/her to decide who will receive the ticket or pass. The Councilmember’s admission to the event in this scenario would be akin to the City receiving a ticket that was specifically “earmarked” for the Councilmember’s use because only he/she was only allowed admission to the event by virtue of his or her status as a councilmember. Further, the ticket or pass did not go through the City Manager, which is required by the Policy for the admission to be considered exempt from the FPPC regulations considering it a gift. Therefore, the admission would be a gift to the Councilmember under the FPPC regulations, and it would be subject to the FPPC’s gift limitations and reporting requirements.
If the Councilmember gets access to an event which is sponsored by the City or held at a City venue under a contract with the sponsoring organization by showing his or her ID, the admission still must be pre-approved by the City Manager for a ticket or pass to be distributed under the terms of the Policy. So the admission would be a gift under the FPPC regulations, and it would be subject to the FPPC’s gift limitations and reporting requirements. In the alternative, if the admission was to a City-sponsored event, the Councilmember may be eligible to report the admission as income rather than as a gift.
4. What about volunteer workers who receive tickets or passes from the City? The FPPC’s gift regulations only apply to Government Code section 87200 filers and other officials, employees, or consultants designated by the City’s Conflicts of Interest Code as being required to file a FPPC Form 700. Volunteers are not 87200 “code filers” nor are they designated by the City’s Conflicts of Interest Code as required to file a FPPC Form 700, so the City may give them tickets and passes without following the procedures of this Policy.
5. Are tickets given to public officials for events held at City-owned facilities exempt from gift status under this policy?
Under the Policy, tickets or passes received by the City because the City owns or controls the facility or venue at which the event occurs, or the City sponsors the event, may be given to a specific City official upon his or her request to use these tickets or passes, or at the request of the City official to distribute the tickets or passes to an individual or organization outside the City, provided the City official completes Parts 3 and 4 of the FPPC Form 802 and submits the request to the City Manager. As long as the tickets or passes are distributed according to the Policy, the City official who receives them is not required to report the ticket or pass as a gift on his or her FPPC Form 700.
FISCAL IMPACT:
There will be no direct fiscal impact from adopting this Policy. Implementation of this Policy will result in additional staff time spent on accepting tickets, determining their value, distribution of the tickets, and reporting.
130
ATTACHMENTS:
1. Resolution No. 2025-
2. Ticket and Passes Policy
5842630.1
131
CITY OF SAND CITY
RESOLUTION SC 25-___, 2025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY APPROVING AND
ADOPTING A TICKETS AND PASSES DISTRIBUTION POLICY
WHEREAS, Title 2 of the California Code of Regulations, Section 18944.1 (“Section 18944.1”) was adopted by the Fair Political Practices Commission (“FPPC”) to regulate the distribution of tickets and/or passes to public officials providing admission to a facility, event, show or performance for an entertainment, amusement, recreational, or similar purpose (“Tickets”); and WHEREAS, from time to time, the City receives complimentary Tickets from third party sources, both public and private, or the City receives Tickets pursuant to a contract or sponsorship, or because the City owns or controls the facility or venue where the event is taking place, or the City purchased tickets to an event; and WHEREAS, the City desires to distribute Tickets in a manner that furthers the City’s governmental and public purposes, including the promotion of local businesses, community resources, programs, and facilities; and
WHEREAS, consistent with Section 18944.1, the City desires to adopt a written policy related to the distribution of Tickets and establishing procedures for the disclosure of Tickets distributed to, or at the behest of, City officials in accordance with the applicable FPPC regulations and the Political Reform Act.
NOW, THEREFORE, BE IT RESOLVED, as follows:
Section 1. Adoption of Tickets and Passes Distribution Policy The City Council hereby adopts the City of Sand City Tickets and Passes Distribution Policy (“Ticket Policy”), incorporated herein by this reference and attached hereto as “Exhibit A.” Section 2. Delegation of Authority
The City Council hereby delegates authority to the City Manager to make changes to the Ticket Policy in the future so that the Ticket Policy will be consistent with any future amendments to Section 18944.1.
Section 3. Effective Date
This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Sand City this ___ day of January, 2025 by the following vote:
AYES:
132
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: _____________________
____________________________
Kerry Lindstrom, City Clerk
5841648.1
133
CITY OF SAND CITY
CITY COUNCIL POLICY
Effective Date:
Policy Number:
City Department:
SUBJECT: Tickets and Passes Distribution Policy
I. Purpose
This policy governs the distribution, use and reporting of tickets or passes to a facility, event, show or performance for an entertainment, amusement, recreational or similar purposes (the “Event”) donated or given to the City. This policy is established in accordance with Section 18944.1 of the Fair Political Practices Commission (“FPPC”) Regulations. Section 18944.1 sets forth the circumstances under which the City's distribution of tickets or passes to a City official for which no consideration of equal or greater value is provided by the public official and does not result in a gift to the individual official or employee. Tickets or passes distributed and accounted for in compliance with this policy and Section 18944.1 will not be considered gifts to the City officials who make use of such tickets and passes.
This policy is subject to all applicable FPPC Regulations and the Political Reform Act. Nothing in this policy is intended to alter, amend or otherwise affect the obligations of City officials and employees under the Political Reform Act and implementing regulations or under the City’s Supplemental Conflict of Interest Code set forth in Sand City Municipal Code Chapter 2.20 of the City Council of the City of Sand City.
POLICY:
II. Application of Policy
This Policy applies to tickets or passes that are A) gratuitously provided to the City by an outside source; or B) acquired by the City by purchase; or C) received by the City as consideration pursuant to the terms of a contract or because the City owns or controls the facility or venue at which the Event occurs or sponsors the Event.
III. Definitions
Unless otherwise expressly provided in this Policy, terms in this Policy shall have the same meaning as that ascribed to such terms in the Political Reform Act (Government Code Sections 81000 et seq., as may be amended from time to time) and the FPPC Regulations (Title 2, Division 6 of the California Code of Regulations, Sections 18110 et seq., as may be amended from time to time).
"City" shall mean the City of Sand City.
"City official" shall mean every elected member, officer, employee or consultant of the City of Sand City, as defined in Government Code Section 82048 and FPPC Regulation Section 18700. Such term shall include, without limitation, any City board or commission member or 134
other appointed official or employee required to file an annual Statement of Economic Interests (FPPC Form 700).
"City venue" shall mean any facility owned, controlled or operated by the City of Sand City.
"Family" shall mean spouse, registered domestic partner, children and dependent children as defined in FPPC Regulation Section 18943.
"Ticket" shall mean "ticket or pass" and includes anything that provides an admission privilege to an event or function and for which similar tickets or passes are offered for sale to the public. If other benefits, such as food, beverages or other items, are provided to the City official at the event and such benefits are not included as part of the admission to the event, those benefits are not covered by this Policy.
IV. Procedures for Distribution
A. Tickets or passes received by the City from an outside source without designation as to the specific City official who may use the tickets shall be forwarded to the City Manager or designee. The City Clerk or designee shall determine the face value of the tickets, the individuals who may use them and report their distribution as provided in Section VII.
B. Tickets or passes received by the City from an outside source(s) that are earmarked for use by a specific City official are considered gifts to the City official and are subject to the FPPC disclosure and reporting requirements applicable to gifts, unless one of the exemptions listed below applies.
C. For tickets or passes received by the City pursuant to the terms of a contract or because the City owns or controls the facility or venue at which the Event occurs or the City sponsors the Event, a City official may request use of these tickets or passes, or for distribution to an individual or organization outside the City, by completing Parts 3 and 4 of the FPPC Form 802 and submitting the request to the City Manager.
D. For tickets or passes purchased or acquired by the City for use by an elected City official, or for distribution to an individual or organization outside the City at the request of an elected City official, the City official shall be responsible for reporting the distribution of the tickets or passes on the Form 802.
E. The City Manager shall have the authority, in his or her sole discretion, to establish procedures for the distribution of tickets and passes in accordance with this Policy. All requests for tickets which fall within the scope of this Policy shall be made in accordance with the procedures established by the City Manager.
F. There shall not be a disproportionate use of tickets or passes by a member of the governing body, chief administrative officer of the agency, political appointee, or department head.
V. Exemption to the Policy
A. Ceremonial Role or Function. Tickets or passes provided to a City official to carry out 135
his or her job duties or where the City official will perform a ceremonial role or function on behalf of the City at the Event are not considered gifts to the City official and are exempt from the disclosure and reporting requirements of this policy.
B. Income. Tickets or passes received by a City official who treats the tickets or passes as income consistent with federal and state income tax laws and the City report distribution of the tickets or passes as income to the City official on the FPPC Form 802 are otherwise exempt from this policy.
C. Reimbursement. Tickets or passes which the City official purchases or reimburses the City for the face value of the tickets or passes are exempt from this policy.
VI. Public Purpose
The distribution of any ticket by the City to, or at the behest of, a City official must accomplish a "public purpose" of the City. The public purposes to be accomplished by the distribution of tickets or passes by the City include, but are not limited to:
A. To obtain oversight of facilities or events that have received City funding or support; B. To review facilities or events that may require City funding or support in the near future or to gather information about the operation of a facility similar to one presently or potentially operated by the City;
C. To promote local and regional businesses, community programs, economic development and tourism within the City;
D. To attend a community event in which the City is a participant; E. To attend an event, activity or program sponsored by the City; F. To promote intergovernmental relations, including but not limited to, attendance at an event with, or by, elected or appointed public officials from other jurisdictions, their staff and their guests;
G. To promote public and private facilities available for City resident use; H. To support and/or show appreciation for community and nonprofit programs or services that benefit City residents;
I. To encourage or recognize significant academic, athletic or public achievements by City students, residents or businesses;
J. To reward City employees and community members for his or her exemplary service to the public;
K. To promote City growth and development, including economic development and job creation opportunities;
L. To promote open and accessible government by appearances or participation of City 136
officials at business and community events;
M. To promote employment retention, including enhancement of employee morale; N. To promote City recognition, visibility and/or profile on a local, state, national or worldwide scale;
O. To comply with all written contracts where the City, as a form of consideration, has required that a certain number of tickets or suites be made available for City use.
VII. Prohibited Transfer of Ticket
A City official may not transfer any ticket distributed to him or her, pursuant to this Policy, to any other person, except to members of the City official's immediate family or no more than one (1) guest solely for their attendance at the event.
VIII. Ticket Reporting and Disclosure Requirements
Tickets distributed by the City to a City official, or to an individual or organization outside the city at the behest of a City official pursuant to this policy, shall be documented in a completed FPPC Form 802. The completed Form 802 must be maintained as a public record, and posted on the agency’s website within 45 days of distribution. A link to the website location of the forms must be e-mailed to FPPC at [email protected]. The FPPC will post on its website the link to each agency’s policy and completed forms.
Such postings shall include the following information and any other information that may be required by the FPPC:
A. The name of the person receiving the ticket or pass; B. A description of the event;
C. The date of the event;
D. The fair value of the ticket;
E. The number of tickets provided to each person or organization; F. If the ticket was distributed at the behest of a City official, the name of the City official who made such behest; and
G. If the ticket was transferred to a person meeting the requirements this Policy, the relationship of the transferee;
H. A description of the public purpose(s) under which the distribution was made, or, alternatively, that the City official is treating the ticket as income.
The City may post the name of the department or other unit of the City and the number of tickets or passes provided to the department or other unit in lieu of posting the name of the individual employee as otherwise required in paragraph A above.
If the ticket or pass is distributed to an organization outside the City, the City shall post the name, address, description of the organization, and the number of tickets or passes provided to the organization in lieu of posting the names of each individual from the organization as otherwise required in paragraph A above.
IX. Alternatives to Policy
137
As an alternative to complying with Section IV through VIII of this Policy, a City official may either (A) ask that the City report the distribution of the ticket or pass as income to the City official and then treat the ticket or pass as income, consistent with applicable state and federal income tax laws, or (B) report the receipt of the ticket or pass on their Form 700, if the value of the ticket or pass is over $50 and the aggregate value of tickets and passes from single source in a calendar year is $630 or less for 2025, and as adjusted yearly.
X. Policy Limited to Just Tickets or Passes.
If other benefits, such as food, beverages or other items, are provided to the City official at the Event and they are not included as part of the admission to the Event, those benefits will need to be accounted for as gifts to the City official who receives them. 138
Agency Report of:
Ceremonial Role Events and Ticket/Pass Distributions
139
A Public Document
1. Agency Name Date Stamp California
Form 802
For Official Use Only Division, Department, or Region (if applicable) Designated Agency Contact (Name,Title)
Amendment (Must Provide Explanation in Part 3.)
Date of Original Filing:
(month, day, year)
Area Code/Phone Number E-mail
2. Function or Event Information
Does the agency have a ticket
policy?
Yes
No
Face Value of Each Ticket/Pass $
Event Description:
Provide Title/ Explanation
Date(s)
Ticket(s)/Pass(es) provided by
agency?
Yes
No
If no:
Name of Source
Was ticket distribution made at the
behest
of agency official?
Yes
No
If
yes:
Official’s Name (Last, First)
3. Recipients
• Use Section A to identify the agency’s department or unit. • Use Section B to identify an individual. •Use Section C to identify an outside organization.
A. Name of Agency, Department or Unit
Number
of Ticket(s)/
Passes
Describe the public purpose made pursuant to the agency’s policy B. Name of Individual
(Last, First)
Number
of Ticket(s)/
Passes
Identify one of the following:
Ceremonial Role Other Income
If checking “Ceremonial Role” or “Other” describe below:
Ceremonial Role Other Income
If checking “Ceremonial Role” or “Other” describe below:
C. Name of Outside Organization
(include address and description)
Number
of Ticket(s)/
Passes
Describe the public purpose made pursuant to the agency’s policy 140
4. Verification
I have read and understand FPPC Regulations 18944.1 and 18942. I have verified that the distribution set forth above, is in accordance with the requirements.
Signature of Agency Head or Designee Print Name Title (month, day, year) Comment:
Print Clear FPPC Form 802 (2/2016)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
141
Agency Report of:
Ceremonial Role Events and Ticket/Pass Distributions
A Public Document
This form is for use by all state and local
government agencies. The form identifies persons
that receive admission tickets and passes and
describes the public purpose for the distribution.
This form was prepared by the Fair Political
Practices Commission (FPPC) and is available at
www.fppc.ca.gov.
General Information
FPPC Regulation 18944.1 sets out the circumstances
under which an agency’s distribution of tickets to
entertainment events, sporting events, and like
occasions would not result in a gift to individuals that attend the function. In general, the agency must adopt
a policy which identifies the public purpose served in
distributing the admissions. The Form 802 serves to
detail each event and the public purpose of each
ticket distribution. FPPC Regulation 18942 lists
exceptions to reportable gifts, including ceremonial
events, when listed on this form.
When the regulation procedures are followed, persons,
organizations, or agencies who receive
admissions are listed on a Form 802. Agency
officials do not report the admissions on the
official’s Statement of Economic
Interests, Form 700, and the value of the admission is
not subject to the gift limit.
The Form 802 also informs the public as to whether
the admissions were made at the behest of an agency
official and whether the behested tickets were
provided to an organization or to specific
individuals.
Exception
FPPC This form is not required for admission
provided to a school or university district official,
coach, athletic director, or employee to attend an
amateur event performed by students of that school or
university.
Reporting and Public Posting
Ticket Distribution Policies: An agency must post
its ticket policy on its website within 30 days of
adoption or amendment and e-mail a link of the
website location to FPPC at [email protected].
Form 802: The use of the ticket or pass under the policy must be reported on Form 802 and posted on the
agency’s website within 45 days of distribution. A link to the website location of the forms must be e-mailed to FPPC at [email protected].
The FPPC will post on its website the link to each
agency’s policy and completed forms. It is not necessary to send
an e-mail each time a new Form 802 is posted. It is
only necessary to submit the link if the posting
location changes.
California
Form 802
142
This form must be maintained as a public document.
Privacy Information Notice
Information requested by the FPPC is used to
administer and enforce the Political Reform Act.
Failure to provide information may be a violation
subject to administrative, criminal, or civil
penalties. All reports are public records available
for inspection and reproduction. Direct questions to
FPPC’s General Counsel.
Instructions
Part 1. Agency 5842642.1
List the agency’s name. Provide a designated
agency contact person, their phone number, and email address. Mark the amendment box if changing any information on a previously filed
form and include the date of the original filing.
Part 2. Function or Event 5842642.1
Confirm that your agency has a policy for ticket
distribution. Unless the ceremonial role or income
box in Part 3, Section B, is marked, this form is
only applicable if your agency has a policy.
Complete all of the other required fields that
identify the ticket value, description of event,
date(s) and whether the ticket was provided by the
agency or an outside source. If an agency official
behests the tickets, the official’s name is also
required. Use the comment field or an attachment to
explain in full.
Part 3. Ticket5842642.1
This part identifies who uses the tickets. The
identification requirements vary depending upon who
received the tickets and are categorized into three
sections. Each section must list the number of tickets
received. Use the comment field or an attachment to
explain in full.
Section A. Report tickets distributed to agency staff,
other than an elected official or governing board
member, pursuant to the agency’s policy. It is not
necessary to list
each employee’s name, but identify the unit/department
for which the employee works. The agency must
describe the public purpose associated with the ticket
distribution. A reference to the policy is permissible.
Section B. Report: 1) any agency official who
performs a ceremonial role; 2) any agency official
who reports the
value as income; or 3) tickets used by elected
officials and governing board members (including
those distributed pursuant to the agency’s policy).
Section C. Report tickets provided to an
organization. The organization’s name, an address
(website url is permissible), and a brief description
of the public purpose are required.
FPPC Form 802 (2/2016)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
143
Agency Report of:
Ceremonial Role Events and Ticket/Pass Distributions
Continuation Sheet
Agency Name
A Public Document
3. Recipients
• Use Section A to identify the agency’s department or unit. •Use Section B to identify an individual. •Use Section C to identify an outside organization.
Number
A. Name of Agency, Department or Unit of Ticket(s)/
Passes
Describe the public purpose made pursuant to the agency’s policy B. Name of Individual
(Last, First)
Number
of Ticket(s)/
Passes
Identify one of the following:
Ceremonial Role Other
If checking “Ceremonial Role” or “Other” describe below:
Income
Ceremonial Role Other
If checking “Ceremonial Role” or “Other” describe below:
Income
Ceremonial Role Other
If checking “Ceremonial Role” or “Other” describe below:
Income
Ceremonial Role Other
If checking “Ceremonial Role” or “Other” describe below:
Income
C. Name of Outside Organization
(include address and description)
Number
of Ticket(s)/
Passes
Describe the public purpose made pursuant to the agency’s policy California
Form 802
144
Print Clear
FPPC Form 802 (2/2016)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
145