CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

August 10, 2016
To:

Chair Goodhue and Planning Commissioners

From:

Marc Wiener, AICP, Community Planning & Building Director

Submitted by:

Ashley Hobson, Contract Planner

Subject:

Consideration of a five-year Coastal Development Permit (CDP 16-184)

for the Rio Grill Resolution Run

Recommendation:
Approve a five-year Coastal Development Permit (CDP 16-184) for the one-day Rio Resolution
Run event subject to conditions of approval.
Application: CDP 16-184
Location:
Various City streets including Scenic Rd.
Applicant:
Rio Grill, Julie Ann Lozano
Event Description:
The applicant is requesting a Coastal Development
Permit (CDP16-184) for the Rio Resolution 5
kilometer and 10 kilometer benefit run on New
Years Day (January 1, 2017). The event will
benefit Coastal Kids Home Care, which provides
hospice and in-home medical care for children
with critical medical conditions. This is the 27th
presentation of the run, which takes place in both
Carmel and Carmel Valley. The run will start in
front of Rio Grill at the Crossroads-Carmel (outside
of City limits) and enter the City on Rio Road. The
runners will continue through the City of Carmelby-the-Sea towards the ocean and finish at the
Carmel Mission Basilica. The exact course is
shown in Figure 1.

Figure 1.

Finish
Start

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CDP 16-184 (Rio Resolution Run)

August 10, 2016
Staff Report
Page 2

The applicant is proposing to use various streets in the City as part of the race course for the
runners.
The proposed routes are as follows:
5K Route: Rio Road, right on Mission Trail, left on Mountain View Avenue, left on 8th
Avenue, left on Mission Street, right on 10th Avenue, right on Dolores Street, left on 8th
Avenue, left on Monte Verde Street, left on 14th Avenue, Finish at the Carmel Mission
Basilica
10K Route: Rio Road, right on Mission Trail, left on Mountain View Avenue, left on 8th
Avenue, left on Mission Street, right on 10th Avenue, right on Dolores Street, left on 8th
Avenue, right on Monte Verde Street, left on 7th Avenue, left on Camino Real, right on
8th Avenue, right on San Antonio, left on Ocean Avenue, left on Scenic Road, right on
Valley View Avenue, right on 14th Avenue, left on Carmelo Street, right on 10th Avenue,
right on Monte Verde Street, left on 14th Avenue, Finish at the Carmel Mission Basilica
CDP Requirement: Shoreline Management Policy 5.3: Recreational Activities and Events
(Management Policies) states that "Restrictions on parking and traffic along Scenic Road, the
Del Mar parking lot, San Antonio and the public rights-of-way west of San Antonio shall require
a Coastal Development Permit." Staff determined that a CDP is required because a portion of
the route is on Scenic Road and the Del Mar parking area, and could impact public access to the
coastal resources throughout Carmel for a short time period. A public hearing is required for
the CDP, which provides an opportunity for public comment, and the Commission may include
conditions of approval to reduce impacts of the event, including those on coastal resources.
Staff has included conditions determined to be appropriate for this event. The CDP is
appealable to the Coastal Commission after final local action by the City. Staff notes that the
event will also require a Special Event Permit from the Citys Community Activities Department.
Because the event is hosted annually, staff is recommending a five-year CDP permit. The event
should remain the same during the future five-year period and therefore the impacts to the
coastal resources from this event should not change. Staff recommends approval of this CDP
for the 2017, 2018, 2019, 2020, and 2021 races occurring on January 1st of each year. A
condition is included that if any elements of the race change, including the race course, day of
the event, etc., the applicant will be required to obtain approval of the revision. Additionally, it
is the applicants responsibility to apply for and obtain a Special Event permit for the event each
year from the Citys Community Activities Department.

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CDP 16-184 (Rio Resolution Run)

August 10, 2016
Staff Report
Page 3

Impacts on Coastal Recreation: The event would take place along the entire length of Scenic
Avenue and would result in a temporary slow-down along Scenic Avenue, among other streets.
The Carmel Police Department will assist with managing traffic safety during the event. The
recreational event is open to the public. The impact to coastal recreation for the general public
would not be significant because of the temporary (2-3 hours) nature of the event, because
public access to beaches remains open, ADA parking remains open, and no parking spaces
would be lost due to the event.
Impacts on Other Coastal Resources: As the event is temporary in nature with no event
components on the beach area, and as there will be no gas-powered equipment or use of
hazardous materials, and as a full site clean-up is required by the Special Event Permit, no
impacts on coastal resources are anticipated.
Compliance with Beach Overlay Requirements: The Citys Municipal Code Section 17.20.200.L
sets forth a prohibition on commercial activities in the beach and shoreline areas, including the
Del Mar Parking Lot. This section of the Municipal Code states:
17.20.200.L. Commercial Activity Prohibited on Carmel Beach Lands. It is unlawful to
conduct sales or undertake commercial activities on Carmel Beach, along the bluff, or in
Del Mar parking area west of Scenic Road.
Following the 2014 approval of a similar event in the Del Mar parking lot, Run In The Name Of
Love (DR 14-34), the Planning Commission conducted an Administrative Determination to
provide guidance to staff on what types of beach activities and events would be consistent with
this Municipal Code provision and determined that beach events for festivals would not be in
conflict with Section 17.20.200.L. Although the Rio Grill Resolution Run is not a beach event,
staff concludes that it would be consistent with the intent of the Planning Commissions
Administrative Determination.
Environmental Review: The proposed event is exempt from CEQA requirements, pursuant to
Section 15061(3)
The activity is covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not
subject to CEQA.

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CDP 16-184 (Rio Resolution Run)

August 10, 2016
Staff Report
Page 4

The proposed event would last approximately nine hours including set-up and breakdown,
which would occur on October 11, 2015. It does not present any unusual circumstances that
would result in a potentially significant environmental impact.
Staff Determination: Staff recommends approval of CDP 15-245 based on findings and
evidence, and Conditions of Approval. Draft findings of approval and draft conditions of
approval are included as Attachments C and D, respectively.
Alternatives: As noted above, the Commission may include any appropriate additional
conditions of approval. Should the Commission have objections to the event, the Commission
may also deny the application.
ATTACHMENTS:

Attachment A Event Description

Attachment B Race Route
Attachment C Findings
Attachment D Conditions of Approval

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Attachment A - Project Description

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Attachment B - Route

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Attachment C Project Findings

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
FINDINGS FOR APPROVAL
Application:
Applicant:
Date:
Location:

CDP 16-184
APN: N/A
Rio Grill, Julie Ann Lozano
August 10, 2016
5K Route: Rio Road, right on Mission Trail, left on Mountain View Avenue, left on
8th Avenue, left on Mission Street, right on 10th Avenue, right on Dolores Street,
left on 8th Avenue, left on Monte Verde Street, left on 14th Avenue, Finish at the
Carmel Mission Basilica
10K Route: Rio Road, right on Mission Trail, left on Mountain View Avenue, left
on 8th Avenue, left on Mission Street, right on 10th Avenue, right on Dolores
Street, left on 8th Avenue, right on Monte Verde Street, left on 7th Avenue, left
on Camino Real, right on 8th Avenue, right on San Antonio, left on Ocean Avenue,
left on Scenic Road, right on Valley View Avenue, right on 14th Avenue, left on
Carmelo Street, right on 10th Avenue, right on Monte Verde Street, left on 14th
Avenue, Finish at the Carmel Mission Basilica

CONSIDERATION:
Consideration of a five-year Coastal Development Permit (CDP 16-184) for the Rio Grill
Resolution Run
FINDINGS OF FACT:
1.

On May 5, 2016, a Coastal Development Permit application was filed by the applicant,
Julie Ann Lozano, for temporary use of various streets within the City of Carmel-by-theSea on January 1, 2017. These streets would be used for a 5 kilometer and 10 kilometer
benefit run.

2.

The event requires a Coastal Development Permit pursuant to Policy 5.3 and the Citys
Shoreline Management Program and Sections 17.20.150 and 17.52.100.I of the Citys
Municipal Code.

3.

A public hearing was held by the Planning Commission on August 10, 2016, for
consideration of the CDP, with notice of said hearing published in the Carmel Pine Cone
at least 10 days prior to the public hearing.

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CDP 16-184 (Rio Resolution Run)

Findings for Approval
August 10, 2016
Page 2

4.

Staff from the Community Planning and Building Department evaluated the potential
environmental impacts of the project and determined that the project meets the criteria
for exemption under Section 15061(3) of the State Guidelines for the Implementation of
the California Environmental Quality Act (CEQA), which states, The activity is covered by
the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment. Where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.

FINDINGS FOR APPROVAL:

After taking public testimony and hearing evidence from the City staff, the Planning
Commission makes the following findings:
1.

The project, as conditioned, is consistent with the General Plan of the City of Carmel,
including the Local Coastal Program and Title 17 (Zoning) of the City Municipal Code. In
compliance with the Citys requirements, a Coastal Development Permit has been
requested and is approved.

2.

The proposed project is consistent with the land use designation of the site.

3.

The proposed project, as conditioned, will not generate adverse impacts to Carmel
Beach or surrounding properties.

4.

The proposed project, as conditioned, will not be injurious to public health, safety or
welfare.

5.

The Planning Commission has considered the CEQA Exemption and determines that said
Exemption is adequate for this project.

6.

The documents and other materials that constitute the record of proceedings upon
which this decision is based are in the custody of the Community Planning and Building
Department of the City of Carmel-by-the-Sea located at Monte Verde Street between
Ocean and 7th Avenues, Carmel-by-the-Sea, California, 93921.

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Attachment D Conditions of Approval

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
CONDITIONS OF APPROVAL
Application:
Applicant:
Date:
Location:

CDP 16-184
APN: N/A
Rio Grill, Julie Ann Lozano
August 10, 2016
5K Route: Rio Road, right on Mission Trail, left on Mountain View Avenue, left on
8th Avenue, left on Mission Street, right on 10th Avenue, right on Dolores Street,
left on 8th Avenue, left on Monte Verde Street, left on 14th Avenue, Finish at the
Carmel Mission Basilica
10K Route: Rio Road, right on Mission Trail, left on Mountain View Avenue, left
on 8th Avenue, left on Mission Street, right on 10th Avenue, right on Dolores
Street, left on 8th Avenue, right on Monte Verde Street, left on 7th Avenue, left
on Camino Real, right on 8th Avenue, right on San Antonio, left on Ocean Avenue,
left on Scenic Road, right on Valley View Avenue, right on 14th Avenue, left on
Carmelo Street, right on 10th Avenue, right on Monte Verde Street, left on 14th
Avenue, Finish at the Carmel Mission Basilica

CONDITIONS OF APPROVAL:
1.

Authorization: This permit (CDP 16-184) authorize use of the street listed above for a 5kilometer and 10-kilometer running race, Rio Resolution Run, as described by the
applicant. The event shall occur on New Years Day of each year for the next five years:
2017, 2018, 2019, 2020, and 2021.

2.

The applicant shall obtain a Special Event Permit each year from the Citys Community
Activities Department prior to the event, and provide a copy of the issued Special Event
Permit to the Community Planning and Building Director at least one week in advance of
the event. The applicant shall comply with the requirements of the Special Event
Permit, including those related to post-event break-down and clean up, trash and
recycling removal, and pick-up of equipment.

3.

The applicant shall work with the Carmel Police Department each year to coordinate the
traffic on City streets.

4.

Set-up shall commence at approximately 9:00 A.M. the morning of the event, and
break-down shall be complete by approximately 2:00 pm, at which time all streets will
be reopened for the public.

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CDP 16-184 (Rio Resolution Run)

Conditions of Approval
August 10, 2016
Page 2
5.

The applicant shall apply for and obtain approval of any proposed revision to the event
including changes the race course, day of the event, etc. Substantial revisions will
require approval by the Planning Commission.

6.

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

*Acknowledgement and acceptance of conditions of approval.

______________________________
Property Owner Signature

___________________________
Printed Name

__________
Date

Once signed, please return to the Community Planning and Building Department.

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