CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

June 8, 2016
To:

Chair Goodhue and Planning Commissioners

From:

Marc Wiener, AICP, Acting Community Planning and Building Director

Submitted by:

Catherine Tarone, Assistant Planner

Subject:

Consideration of an Administrative Determination (AD 16-216) for the

acceptability of a bicycle rental shop at a site located in the Service
Commercial (SC) Zoning District

Recommendation:
Provide direction to staff on the proposed use of a bicycle rental shop.
Application:
Location:
Block:
Applicant:

AD 16-216
APN: 010-138-003
Dolores, 2 SW of 5th Avenue
55
Lots: 5 & 7
Ryan Bell and Jill Bell (Carmel e-Bike)

Background
The City has received a business license application submitted by the applicant, Ryan Bell,
proposing a bicycle and electric bicycle rental shop named Carmel e-Bike. The proposed
location for the business is a 675 square-foot commercial space located in the Service
Commercial (SC) Zoning District on Dolores Street, 2 SW of 5th Avenue. The project site includes
a parking lot at the rear of the building that contains a staging area that would be used for the
bike rentals.
The proposed primary use is a bicycle rental shop that includes retail sales of bicycles and
bicycle apparel. The applicant is also proposing to offer bicycle tours as a second ancillary
component. The Citys Municipal Code allows retail bike shops, but is silent on bicycle rentals.
CMC 17.14.40.T.14 provides the following definition of a bicycle shop:

55

AD 16-216 (Carmel e-Bikes)

June 8, 2016
Staff Report
Page 2

Sporting Goods, Bicycles, Hobbies, Toys and Games.

a. All merchandise must be contained within an enclosed building.
b. These uses may be combined with each other, apparel stores and with sales of motorcycles,
mopeds.
c. Uses that include motorized bicycles, mopeds or motorcycles are not allowed in buildings
fronting on Ocean Avenue or within 300 feet of an R-1 district.
Bicycles are also addressed in CMC 17.14.40.D, which states the following:
Automobile Sales and Services. This category excludes sales, leasing or rental of automobiles,
tractors and similar vehicles. This category also excludes car washes except hand wash, waxing
and detailing businesses.
1. Motorcycles, Moped and Parts.
a. All merchandise must be contained within an enclosed building.
b. Uses that include bicycles, mopeds or motorcycles are not allowed in a building fronting
on Ocean Avenue or within 300 feet of an R-1 district.
c. This use may be combined with apparel, sporting goods, hobbies, toys and games.
Further processing and approval of this business license is dependent on a determination that
bicycle rentals are permitted in Carmels Commercial Zonings Districts. Staff is seeking
guidance from the Planning Commission as to whether a bicycle and electric bicycle rental store
may be allowed in the Commercial Zoning District and whether the applicants proposal to offer
bicycle tours is compatible with Municipal Code requirements.
Staff Analysis:
Bicycle Rentals: Businesses involving bicycles are addressed in CMC 17.14.40.T.14 Sporting
Goods shops, and in CMC 17.14.40.D Automobile Sales and Services. Although the regulations
pertaining to Automobile Sales and Services stipulate that the rental of automobiles is excluded
from this category, it does not specifically address the rental of bicycles. Nor are bicycle rentals
addressed in 17.14.40.T.14 which stipulates requirements for Sporting Goods stores.
In staffs opinion, the omission of bicycle rentals in the Municipal Code is likely intentional.
There are potential impacts associated with a bicycle rental shop, including disruption of traffic

56

AD 16-216 (Carmel e-Bikes)

June 8, 2016
Staff Report
Page 3

flow and pedestrian flow along the sidewalk. However, staff raises the question as to whether
the intent of the Municipal Code is to allow bicycle rentals, which is why there is a requirement
for a 300-foot distances from the R-1 Zoning District and a prohibition bicycle shops on Ocean
Avenue. The intent of the 300-foot buffer could be to protect surrounding residential uses and
Ocean Avenue from activity associated with bicycle rentals. Staff is requesting the Planning
Commissions direction this issue.
Business Location: According to the applicants project description, (see Attachment A), the
bicycle rental shop is proposed to be located in a 675-square-foot commercial space at the rear,
north-west, corner of the Mail Mart building on Dolores Street, 2 NW of 5th Avenue (See
Attachment B for Photographs of the Building). The subject property is located within 300 feet
of the R-1 zoning district (See Attachment C for Map). Both Municipal Code sections (CMC
17.14.40.T.14 and CMC 17.14.40.D) do not allow bicycle retail or rental shops within 300 feet
the R-1 district, thus the proposed business location is not allowed for this use. If the Planning
Commission determines that a rental shop is allowed, the applicant would have to find a new
location that meets the code requirements.
Bicycle Tours: According to the applicants project description, the applicant would like to
propose as a second ancillary use the provision of bicycle tours of up to 8 riders. The applicant
proposes, A local historic tour of notable landmarks, such as Carmel Mission and Point Pinos
Lighthouse and A bike and hike tour to Point Lobos, but notes that exact times and routes
are to be determined in order to maximize safety and to minimize disruption to the community
and will be lead in a safe and respectful way.
The Municipal Code provides standards for walking tours (see Attachment D), however it does
not provide standards for bicycle tours. In staffs opinion, additional regulations may be
required to ensure that bicycle tours are conducted in a safe manner in the City. Staff requests
guidance from the Planning Commission as to the applicability of the Citys standards for
walking tours to bicycle tours. Staff also notes that the Circulation Element of the City of
Carmels General Plan provides a map depicting Bus, Truck and Class III Bike routes in the City of
Carmel (see Attachment E).
ATTACHMENTS:

Attachment A Project Description Letter, Proposed Floor Plan

Attachment B Photographs of the Property and of the Proposed Electric Bicycle
Rentals

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AD 16-216 (Carmel e-Bikes)

June 8, 2016
Staff Report
Page 4

Attachment C Map of Proposed Business Location and R-1 Properties Within a 300foot Radius
Attachment D CMC 5.36 Walking Tour Regulations
Attachment E Map of Bus, Truck and Bike Routes in the City of Carmel (Excerpted
from the Circulation Element of the General Plan)

58

Carmel Electric Bike Con1pany

Ryan and Jill Bell
e-mail: [email protected]
1850 E. Las Tunas Rd Santa Barbar<1, CA 93103 Phone: 805-698-2200

Date: May 18, 2016

City of Carmel-by-the-Sea
Community Planning and Building Department
Post Office Drawer G
Carmel-by the-Sea, CA 93921
(831) 620-2010
Attention: Catherine Tarone, Assistant Planner

Subject: Response to Completeness Review Letter dated May 13, 2016

Business License Application: (BL 16-188)
Dear Planning Department and Planning Commission :
Thank you for your initial review of my application and your carefully considered questions, which I will
address here. Per my application, it is my intent to offer bicycle and ebike rentals, sales, tours and delivery
service as well as sales of bicycle-related apparel and accessories. The following addresses your specific
questions:
1. The Planning Commission referral fee of $206.66 has been paid to the Planning Department via credit
card.

2. "Declare a fixed location for your proposed business that complies with the Municipal Code
Requirements for retail bicycle sales."
The proposed business location (revised) for this business is located at parcel# 010138003, Block #55,
Lot 5 & 7, WS of Dolores between 5th and 6th, previously occupied by Pac Mail. This location has an
adjacent staging area, away from downtown, public sidewalks and the busy pedestrian-heavy Ocean
Avenue. It also has a long covered driveway with easy and safe access to Dolores Street. Customers
will be informed and required to avoid Ocean Avenue for safety reasons, even though my
understanding is that it is not illegal to traverse any public thoroughfare.
All bicycles will be stored inside the business location at all times. A staging area will be used for safety
instructions and pre-tour gathering. This staging location is in the back of the building, hidden from
public view.

3. "Compose a floor plan."

Please see additional attachment of floor plan.

59


4. "Include on the floor plan the amount of floor area to be occupied by both the primary and ancillary
use."
Please see floor plan attachment.

5. "Specify the types of electric bicycles that will be used for rental including whether they will be class 1
or class 2 and their maximum speeds."
Only conventional bicycles and electric pedal-assist bicycles with top assisted speed of 20 mph will be
available for rent and sale. All of our pedal assist bicycles are class 1 as described in recent Assembly
Bill No. 1096 approved by Governor Brown. They are not classified as "motorized bicycles". We do not
intend to rent any motorized vehicles such as motorcycles, Mopeds, Gopeds, motorized scooters,
motorized bicycles, Segways or even non-motorized 4 wheel surreys.

6. "If tours are proposed, include specific details regarding the proposed route and number of people to
be accommodated by the tour."
Tour sizes will be up to 8 riders. Once all customers have been instructed and fitted with helmets
complying with ANSI (American National Standards Institute) bicycle helmet standards, they will exit
out the driveway, turning left on Dolores Ave, away from Ocean Ave. The tour guide and riders will be
required to obey all traffic and bicycle laws and regulations, and to avoid Ocean Avenue and other
heavy pedestrian areas. Easy to read maps of the area will be provided to all cyclists, whether
participating in a tour or renting individually.
Proposed tours include:
a local historic tour of notable landmarks, such as Carmel Mission and Point Pinos Lighthouse
a "bike and hike" tour to Point Lobos
Exact times and routes are to be determined in order to maximize safety and to minimize disruption to
the community and will be lead in a safe and respectful way.

7.

"If a delivery service is proposed, provide additional details regarding the type of delivery services to
be provided."
Delivery of bicycles will be offered to customers who may be too far to walk, or have difficulty walking
to our storefront location, and to groups who would be parking multiple cars. We would like to be able
to deliver bicycles to their homes or hotels by riding the bikes to them when possible, and when not,
with a bike rack on a fuel efficient SUV or Minivan. We will also offer pick-up or rescue services with
60


t he same vehicle for riders who may have a bicycle breakdown, need a repair, or are in need of
assistance in any way. We believe this service is important to support both the local and tourist
community in order to avoid unnecessary traffic, parking and congestion when people are not able to
walk to our location.
I believe all aspects ofthis proposed business are related to a "bicycle umbrella", all complementing
each other as well as being bike-specific.

In conclusion, I am excited about the potential of this business to help reduce the number of automobiles on
our roadways while enabling our residents and visitors to enjoy the Monterey Peninsula in a healthy, ecofriendly way. Pedal assist bicycles help enable a wider group of people to get out and explore. They are a
great "equalizer" for recreation, allowing access to those who may need a boost of confidence that they will
be able to keep up with their more fit or younger companions by giving them assisted power when they need
a little help to make it up a hill or to go longer distances.
Thank you for your careful consideration. My wife, Jill and I are very excited about the prospect of becoming
part of your very special community.

)
Sincerely,

_. /
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R;a;1.;1 . -

61

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62

Attachment B Photographs of Proposed Business Location and Driveway

63

Proposed Business Location for the Bicycle Rental Shop

64

Front Door of the Bicycle Rental Shop where Bicycles will Exit and Enter

Proposed Staging Area for Bicycles for Bicycle Renters to Gather and Receive Pre-Tour Instructions

65

Photographs of Proposed Electric Bicycles

66

Electric Pedal-Assist Motor is Contained near the Pedal in this Model

67

Digital Speedometer

68

Property location and parcels within 300 feet of the property

R-1 Single-Family Residential Parcels within 300

feet of the project site

69

Chapter 5.36
WALKING TOURS
Sections:
5.36.020

Permit Required Applicability.

5.36.030

Time, Place and Manner Restrictions.

5.36.040

Exemptions.

5.36.050

Permit Submittals and Approvals.

5.36.060

Definitions.

5.36.020 Permit Required Applicability.

Walking tours are prohibited except as provided in this chapter. All operators of commercial walking tours shall
obtain a gross business license authorizing the conduct of business within City limits. Existing businesses
operating without a license shall obtain one within 60 days of the effective date of the ordinance codified in this
chapter or shall cease operations within City limits. The City Administrator or his/her designee is authorized to
issue such licenses when the applicant meets the qualifications established in this chapter and agrees to
comply with all standards for walking tours adopted by the City. (Ord. 2005-03 1 (Exh. A), 2005).

5.36.030 Time, Place and Manner Restrictions.

A. All walking tours shall be conducted only during the following hours:
1. Monday through Saturday, 9:00 am. to 5:00 p.m.
2. Sunday, 9:00 a.m. to 2:00 p.m.
B. No voice amplification systems (portable public address systems, bull horns, etc.) shall be used for
any walking tour.
C. Walking tour guides/docents/tour operators shall at all times control the walking tour group so as to minimize
interference with pedestrian and vehicular travel along the Citys sidewalks and streets, respectively. At each
point of interest where a group stops, the group shall be positioned to maintain a clear path of travel through
the area for anyone not associated with the walking tour group. Walking tour groups shall not:
1. Stop or stand off the sidewalk (in the street) when a sidewalk exists. In no case shall a group stop or
stand in an intersection.

70

2. Obstruct any driveway, marked parking space, street or roadway.

3. Obstruct the entrance to any residence, commercial establishment or public building.
4. Enter upon any private residential property in any land use district unless the tour operator has
obtained the prior written permission of the property owner(s).
5. Cross any street except at intersections and using designated crosswalks when available.
Walking tour operators shall, by verbal or written means, inform tour participants of the Citys regulations on
tour group behavior, subsections (C)(1) through (C)(5) of this section, at the commencement of each tour.
D. No retail sales shall be conducted as a part of any walking tour except as allowed within any fixed place of
business licensed for such use.
E. Except as provided in CMC 5.36.040, the maximum size of any walking tour group shall be limited to 21
persons, including the tour leader/docent.
F. Except as provided in CMC 5.36.040, walking tours shall be limited to routes located on or within the
boundary identified in Figure 1 following this chapter. (Ord. 2005-03 1 (Exh. A), 2005).

5.36.040 Exemptions.
Any nonprofit organization or commercial walking tour operator, when conducting specialevent walking tours not more often than four times per calendar year, is exempt from the standards of
CMC 5.36.030(B) and (F). All other standards of that section shall apply equally to all walking tours. (Ord.
2005-03 1 (Exh. A), 2005).

5.36.050 Permit Submittals and Approvals.

Upon the filing of a complete application and fee, the City Administrator or the Administrators designee shall
take action to approve or deny the application and inform the applicant. Appeals of decisions on business
licenses shall be as established elsewhere in this title. (Ord. 2005-03 1 (Exh. A), 2005).

5.36.060 Definitions.
A. Commercial walking tour means a walking tour for which a fee or other remuneration is charged. This
definition excludes tours organized by nonprofit (501(c)3) organizations registered with the State and for which
donations only are requested from tour participants.

71

B. Walking tour means any assembly of two or more persons led on foot, by a guide, docent or tour operator
who represents or works for a business, organization or other entity, the purpose and/or activity of which, in
whole or in part, is to provide walking tour services to individuals or groups, as a means of transmitting
information associated with sites visited. Common topics for walking tours include people, places, ideas,
architecture, natural history, environments, culture or events. (Ord. 2005-03 1 (Exh. A), 2005).

72

Figure 1

73

Legend
-- City Limit
MST Bus Routes
Truck Routes
Bike Routes

Source: City of Carmel (2009), MST (2009), Carmel Bike Plan (1997)

1"'""-

CONSULTING

5/11/09 JN 70-100077

50

1,000 Feet

I
APPROXIMATE

CARMEL-BY-THE-SEA GENERAL PLAN UPDATE

Bus, Truck, and Bike74Routes

Figure 2.2