Carmel By The Sea City Zoning Code

Division II

BASE ZONING DISTRICTS

§ 17.08.010 Purpose.

The purposes of the residential zoning districts are to maintain the residential village character of the City and encourage originality, flexibility and diversity in residential design that respects the forest setting, the constraints of each site and the surrounding neighborhood.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.08.020 Specific Purposes.

In addition to the general purpose above, the specific purposes of each of the residential districts are:

R-1 Single-Family Residential District. To provide an appropriate land area for permanent single-family residential uses and structures and to enhance and maintain the residential character of the City.

R-4 Multifamily Residential District.

To provide an appropriate location for a mix of multifamily residential dwelling units convenient to the commercial area.

To serve as a buffer or transitional zone between the commercial area and the single-family residential district.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.08.030 Districts Identified.

The following table lists all blocks and lots contained within the R-4 land use district.

Table 17.08-A – R-4 District Blocks and Lots
Block	Lots
Block 36	Lots 12 and 14; Lots 16 through 26
Block 37	All
Block 48	Lots 1 through 13; Lot 15
Block 59	Lots 1 through 3
Block O	Lots 1 through 14

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.08.040 Land Use Regulations.

Schedule II-1 prescribes the land use regulations for the residential districts. The regulations for each district are established by letter designations as follows:

"P" designates permitted use classifications.

"L" designates use classifications that are permitted, subject to certain specific limitations noted by the number designations and listed at the end of Schedule II-1.

"C" designates use classifications permitted after review and approval of a conditional use permit by the Planning Commission. Conditions or standards may apply to these uses, noted by the number designations and listed at the end of Schedule II-1.

These uses are subject to Division I, General Regulations, and additional use regulations found in Division IV, Provisions Applying in All or Several Districts. Additional use regulations are also found in CMC § 17.08.050, Additional Use Regulations, and are referenced in the schedule. Findings for specific uses may also be required and are found in Chapter 17.64 CMC, Findings Required for Permits and Approvals.

Use classifications are defined in Chapter 17.68 CMC, Use Classifications, and are based on the use classifications listed in the current edition of the North American Industry Classification System (NAICS). Questions as to the inclusion or exclusion of a particular proposed use in a particular category will be determined by the Director based on a NAICS Use Categories List, adopted by resolution by the City Council and held at the Department of Community Planning and Building counter. The Director shall make the decision according to the characteristics of the use, and upon the Director's interpretation of the land use code, the NAICS Use Categories List and the current edition of the NAICS. The determination by the Director may be appealed to the Planning Commission by anyone aggrieved by the decision following the procedures specified in Chapter 17.54 CMC, Appeals.

Schedule II-1 Land Use Regulations for Residential Districts
P = Permitted Use L = Limitations Apply C = Conditional Use Permit Required	R-1	R-4	Additional Regulations
Residential			See CMC § 17.08.060
Single-Family	P	P	See CMC § 17.08.050(E), (H)
Accessory Dwelling Units			See CMC § 17.08.050(G)
Accessory Dwelling Unit, Interior	P	P
Accessory Dwelling Unit, New Structure	P	P
Class I Accessory Dwelling Unit	P	–
Class II Accessory Dwelling Unit	P	–
Studio	P	P
Guesthouse (Noncommercial)	C	–	See CMC § 17.08.050(C)
Multifamily Dwellings			See CMC § 17.08.050(F)
0 – 22 dwelling units/acre	–	P
22 dwelling units/acre	–	C
Senior Citizen Housing	L-5	P
Family Day Care
Small Family	L-5	P
Large Family	–	C-4	See CMC § 17.08.050(B)
Group Residential	–	C
Transient Rental, Legal Nonconforming	–	L-6	Chapter 17.68 CMC, Use Classifications, See "Nonconforming Use" Definition
Transient Rental, Housing Incentive	–	L-7	See CMC § 17.14.040(W)(2)(b)
Public, Semipublic and Service
Clubs and Lodges	C-2	C-4
Colleges and Trade Schools	–	L-4
Community Care Facility	–	L-4
Community Social Service Facility	C-2	L-4
Day Care Centers	C-2	C-4
Emergency Medical Care	–	L-4
Government Offices	–	L-4
Hospitals and Clinics
Clinics	–	L-4
Hospice Care, Limited	C-5	L-5
Libraries, Public	–	L-4
Park and Recreation Facilities	P	P
Community Centers	C-2	L-4
Conference Facility, Small	C-2	L-4
Parking Facilities, Noncommercial	C-2	C	See Chapter 17.64 CMC, Findings Required for Permits and Approvals
Public Safety Facility	–	P
Religious Facilities	C-2
Residential Care Facilities
Limited	L-5	P
Senior	–	C
Schools, Public	C-2	–
Schools, Private	C-2	P-4
Commercial			See Chapter 17.56 CMC, Restricted Commercial Uses
Animal Sales and Services
Animal Grooming	–	L-4
Business Services	–	L-1
Hotels and Motels	C-3	C
Maintenance/Repair Services	–	L-4
Offices	–	L-4
Parking Facilities, Commercial	–	C	See Chapter 17.64 CMC, Findings Required for Permits and Approvals
Personal Improvement Services	–	L-4
Personal Services	–	L-4
Retail Sales
Vending Machines	–	C
Travel Services	–	C
Theater, Live Performance	C-2	–
Transportation, Communication and Utilities
Antennas and Transmission Towers – Telecommunications	C	C	See Chapter 17.46 CMC for findings
Antennas and Transmission Towers – Other	–	C
Facilities Within Buildings	C	C
Agricultural
Nurseries	P	–
Other
Accessory Use			See CMC § 17.08.050(A)
Nonconforming Use			See Chapter 17.36 CMC, Nonconforming Uses and Buildings
Temporary Use			See CMC § 17.52.100(I)
Specific Limitations and Conditions 1. Limited to advertising, consumer credit reporting, secretarial and court reporting, equipment maintenance and repair, personnel supply services, and nonretail computer services and repair. 2. Allowed only on existing quasi-public use sites established prior to December 1, 1980, or added as an accessory use to such existing uses. 3. Limited to existing units established prior to January 1, 1967, and/or authorized by a use permit issued between 1967 and 1990. *Note: These provisions approved by voter referendum. 4. Limited to existing commercial spaces established prior to 1993 and occupied by commercial uses continuously since that time. 5. Limited to occupancy within a single-family residence. 6. Limited to permits approved prior to the adoption of Ordinance 2019-03. 7. Limited to transient rental units approved through the issuance of a conditional use permit as an incentive for the creation of new housing units. See CMC § 17.14.040(W)(2)(b).

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2016-02 § 7, 2016; Ord. 2016-04 § 7, 2016; Ord. 2017-10 § 1 (Exh. A), 2017; Ord. 2019-03 § 1 (Exh. A), 2020; Ord. 2023-06 § 3, 2023)

§ 17.08.050 Additional Use Regulations.

Accessory Buildings and Structures.

Except as provided in CMC § 17.10.040, Lot Mergers, no more than two accessory structures may be constructed on each building site.

Accessory buildings and structures shall not exceed 400 square feet in floor area except: (a) as provided for guesthouses, (b) as provided for interior accessory dwelling units and new structure accessory dwelling units, and (c) as provided in subsection (A)(3) of this section.

Two accessory structures (such as a garage and a guesthouse) may be combined into a single structure as long as the combined floor area does not exceed what would be allowed for two independent structures and does not exceed 75 percent of the floor area of the primary structure. All accessory structures exceeding five feet in height shall count as floor area. Storage sheds of 120 square feet or less and containing no plumbing or electrical connections shall not require a building permit.

Family Day Care, Large Family. The following additional regulations shall apply to the operation of large family day care homes serving seven to 12 persons.

Standards. All large family day care homes shall comply with all applicable State standards and requirements for family day care homes. In addition, all large family day care homes shall comply with the following standards:

Outdoor Play Area. All outdoor play areas shall be enclosed by a natural barrier, wall, solid fence, or other solid structure at least six feet in height, and all outdoor play areas shall be adequately separated from driveways, streets and parking areas.

Parking and Traffic. Adequate parking shall be provided for employees of the large family day care home and for pick-up and drop-off of children at the home in accordance with the following standards:

In addition to the off-street parking spaces required for the residential zone, one additional off-street parking space shall be provided per employee.

ii.

Adequate space shall be available for safe pick-up and delivery of children to the day care home. This space shall be off-street, but can be in the driveway or off-street parking area.

Inspections Required. The Fire Department and Building Official shall conduct an on-site inspection that includes but is not limited to:

Gas water heaters, to ensure proper ventilation and permanent installation that is safe from children;

Fire extinguishers and smoke detectors, to ensure that they meet standards established by the State Fire Marshal;

Refrigerators, to ensure that they are properly sealed shut if not in use and/or contain a locking device if in use; and

All potential fire and safety hazards that may endanger the children at the large family day care home.

Guesthouses. One guesthouse may be authorized on sites of 6,000 square feet or greater upon approval of a use permit. Guesthouses shall contain no food preparation facilities of any kind, but are permitted to have a bathroom with a toilet, sink and bathing facility. A guesthouse on any building site may be converted to an accessory dwelling unit (see subsection (G) of this section) upon approval of an ADU permit. A legal accessory dwelling unit may be converted to a guesthouse upon approval of a use permit. Lots with ADUs shall be prohibited from constructing, maintaining and/or building guesthouses or studios.

Table 17.08-B – Maximum Floor Area for Guesthouses
Lot Type/Size	Base Size of Guesthouse	Plus Increment Based on Lot Size	Equals Maximum Floor Area
6,000 square feet or larger	400 square feet	(lot area over 6,000) x 1.5%	Allowed Size
Merged lots of at least 8,000 square feet	500 square feet	(lot area over 6,000) x 1.5%	Allowed Size
Example: 7,500-square-foot lot	400 square feet	(1,500 sq. ft.) x 1.5%	422 sq. ft.

Studios. One studio may be authorized on lots in the single-family residential zone as a permitted use. Studios shall contain no living, sleeping, bathing or food preparation facilities of any kind, but are permitted to have a bathroom with a sink and toilet. Studios that are attached to the primary dwelling are not required to have interaccessibility with the primary dwelling. No additional parking is required for a studio. Studios shall be a maximum size of 400 square feet and shall not exceed the allowed floor area ratio for the lot.

Home Occupations. All home occupations require a business license. Home occupations are limited to the use of up to two rooms in a single-family dwelling by a person residing therein as the studio of an artist, writer or musician, or by a teacher of the arts having up to two pupils under instruction at any one time. For this section, the arts shall include only the following: painting, graphics, computer graphics, music, dance, drama, sculpture, writing, photography, weaving, ceramics, needlecraft, jewelry, glass and metal crafts. The Director may authorize other home occupations that:

Are limited to office machines such as telephone and/or computer use;

Do not involve deliveries more frequently than once per week;

Do not involve the parking, use or storage of any commercial vehicles;

Do not involve visits by customers, vendors, attendees, salespeople or employees of the business; and

Are fully contained within one or two rooms in a single-family dwelling and are not located in a garage.

Multifamily Dwellings.

All multifamily residential projects shall require the preparation of an acoustical analysis and the implementation of acoustical design treatments to meet noise standards contained in Title 25 of the California Government Code.

All multifamily projects shall have a minimum per unit size of 400 square feet.

At least 25 percent of all units in a multifamily project containing more than two units shall be of a size between 400 square feet and 650 square feet in floor area.

Accessory Dwelling Units.

A building permit must be issued by the City prior to construction and/or development of any accessory dwelling unit.

All accessory dwelling units shall conform with the following:

The lot must contain an existing single-family home and no other dwelling units. No more than one accessory dwelling unit may be constructed on any lot.

At the time of application, the property owner shall acknowledge in writing that: (1) the accessory dwelling unit may not be sold separately from the existing single-family home; (2) either the existing single-family home or the accessory dwelling unit must be owner-occupied; and (3) neither the accessory dwelling unit nor the single-family home may be used for transient residential rentals.

Prior to issuance of a building permit for the accessory dwelling unit, the owner shall record a covenant in a form approved by the City to notify future owners of the requirements of this subsection (G)(2)(b).

Except as modified by this subsection (G), the accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this chapter, including but not limited to height, setback, lot coverage, floor area ratio, landscape, and historic preservation requirements, cumulatively with the primary residence; unless the unit is contained in a nonconforming structure and does not expand the nonconformity.

The accessory dwelling unit shall conform to all applicable State and local building code requirements, including verification from the applicable water district (submitted with the application for a building permit) that sufficient on-site water credits are available for the accessory dwelling unit. Fire sprinklers are not required for the accessory dwelling unit unless they are required for the existing single-family home.

An accessory dwelling unit conforming to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which the unit is located and shall be deemed to be a residential use consistent with the existing general plan and zoning designations for the lot.

All applications for accessory dwelling units that meet and comply with the requirements under this chapter shall be approved as a ministerial permit without discretionary review or a hearing within 120 days after receipt of a substantially complete application.

Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Section 30000 et seq. of the Public Resources Code) or the City's certified local coastal plan, and the City shall modify and condition accessory dwelling unit coastal development permits accordingly to ensure consistency with such requirements, except that the City shall consider a coastal development permit application for an ADU ministerially without a public hearing. All accessory dwelling unit coastal development permits shall be appropriately noticed, including describing the procedures for appeal to the Coastal Commission as applicable.

Accessory dwelling units, interior, shall additionally conform with the following:

The accessory dwelling unit must be constructed entirely within the existing and legally created space of a single-family home or accessory structure in the R-1 or R-4 districts.

The accessory dwelling unit must have exterior access independent from the existing single-family home.

Side and rear setbacks must be sufficient for fire safety.

No additional parking for the accessory dwelling unit shall be required.

No new or separate utility connection directly between the accessory dwelling unit and the utility is required.

Accessory dwelling units, new structure, shall additionally conform with the following:

All of the existing and proposed structures may not exceed the allowable floor area ratio for the lot.

An attached accessory dwelling unit constructed as an addition to an existing single-family home shall not exceed the height of the existing single-family home. Detached accessory dwelling units shall have a maximum height of 12 feet and shall comply with all applicable setback standards.

An accessory dwelling unit attached to the existing single-family home shall have a minimum floor area of 150 square feet and the maximum floor area shall not exceed 50 percent of the living area of the existing single-family home. A detached accessory dwelling unit shall have a minimum floor area of 150 square feet and maximum floor area of 600 square feet.

One additional parking space shall be provided per bedroom, which may be provided as tandem parking on an existing driveway, and shall meet applicable setback requirements for parking. Notwithstanding this provision, no additional parking is required for accessory dwelling units located within one-half mile of a public transit stop or car share vehicle pickup location, located entirely within an existing primary residence or an existing accessory structure, within an architecturally and historically significant historic district, or otherwise exempt under Government Code Section 65852.2(d) or successor provisions.

If the accessory dwelling unit replaces an existing garage, carport, or covered parking structure, replacement spaces must be provided to meet the requirements of Chapter 17.38 CMC (Off-Street Parking Requirements) but may be provided as covered spaces, uncovered spaces, tandem spaces, or mechanical parking lifts. Accessory dwelling units constructed above an existing garage have a minimum side yard setback of three feet and rear yard setback of five feet.

A separate utility connection between the accessory dwelling unit and all utilities shall be required.

The accessory dwelling shall be constructed with facade materials similar in texture and appearance to the primary dwelling, including but not limited to roofing, siding, and windows and doors.

Single-Family Residential Dwellings. The following regulations apply to all single-family residential dwellings:

Not more than one dwelling unit is allowed per building site except as provided for accessory dwelling units.

All portions of a single-family dwelling must have full interaccessibility, with the exception of permitted and/or legal accessory dwelling units and guesthouses.

No single-family dwelling of substantially identical design as any existing building or any approved building shall be allowed on any site located on the same street between the two adjoining cross streets.

No proposed single-family dwelling shall be approved that is of substantially similar architecture, building massing, front setback or height as any existing building, or any approved building, located immediately adjacent to the proposed project and facing the street.

(Ord. 2004-02 § 1, 2004; Ord. 2017-10 § 1 (Exh. A), 2017; Ord. 2004-01 § 1, 2004)

§ 17.08.060 Prohibited Uses.

Uses such as transient bed and breakfast, hostel, hotel, inn, lodging, motel, hotel, resort and other transient lodging uses for remuneration, are prohibited in the single-family residential (R-1) district, except as otherwise permitted by this code.

Liability and Enforcement. Any person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise who arranges or negotiates for the use of residential property in violation of the provisions of this section is guilty of an infraction for each day in which such residential property is used, or allowed to be used, in violation of this section.

Infractions. Any person who uses, or allows the use of, residential property in violation of the provisions of this section is guilty of an infraction for each day in which such residential property is used, or allowed to be used, in violation of this section.

(Ord. 2004-02 § 1, 2004; Ord. 2019-03 § 1 (Exh. A), 2020; Ord. 2004-01 § 1, 2004)

§ 17.10.010 Purpose and Design Objectives.

The purpose of this chapter is to establish standards and requirements for physical development in the R-1 single-family residential district. To implement the General Plan and the Coastal Land Use Plan, the following design objectives for the R-1 district are established.

The Urban Forest. Site improvements and the public right-of-way should be designed to preserve significant trees and to perpetuate the established urban forest in each neighborhood where it exists. Each site should contribute to the urban forest or other vegetation characteristic of the neighborhood, by harboring an appropriate number and mix of trees and/or shrubs consistent with the neighborhood context and the neighborhood streetscape.

Neighborhood Design. Each site shall contribute to neighborhood character including the type of forest resources present, the character of the street, the response to local topography and the treatment of open space resources such as setbacks and landscaping. It is intended by this objective that diversity in architecture be encouraged while preserving the broader elements of community design that characterize the streetscape within each neighborhood.

Site Design. Good site design is essential to good building design. Site improvements shall be compatible with, and sensitive to, the natural features and built environment of the site and of the surrounding area. Design solutions should relate to and take advantage of site topography, vegetation and slope. Designs shall recognize the limitations of the land and work with these limitations, rather than ignoring them or trying to override them.

Mass and Bulk. Residential designs shall maintain Carmel's enduring principles of modesty and simplicity and preserve the City's tradition of simple homes set amidst a forest landscape. Buildings shall not present excess visual mass or bulk to public view or to adjoining properties. Large box-like buildings and buildings with large, continuous, unrelieved surfaces can appear massive. Designing building and roof planes with just a few, simple forms and keeping floor levels and plate heights close to grade help reduce mass and bulk. The use of natural materials such as wood or stone and the creative use of landscaping can also help to avoid excess mass by introducing texture, variety and screening.

Scale. Buildings shall relate to a human scale in their forms, elements and in the detailing of doors, windows, roofs and walkways. Oversized design elements make structures appear dominating and monumental. This out-of-scale character represents a poor fit to the human form, vitiates the more intimate, rural charm and village character of Carmel-by-the-Sea and shall be avoided.

Boxed-in Neighbors. Designs should preserve reasonable access to light, air and open space for surrounding properties when considered cumulatively with other buildings in the neighborhood. Designs incorporating tall or bulky building elements located near an adjoining site that is already partially boxed-in by previous development should be avoided.

Privacy. Designs should respect the privacy of neighbors. The placement of windows, doors, balconies and decks should be sensitive to similar improvements on neighboring properties.

Open Space. The design of structures shall be coordinated with open space to enhance the park-like environment of the City. Open space should be distributed around buildings to provide visual relief from structural bulk and a distinct separation from buildings on adjacent sites. Open space is a shared community resource and some front yard open space on each site should remain visible from the street when this is consistent with the context established by neighboring sites.

Landscaping. Designs should coordinate structural elements with landscaping to achieve a pleasing overall site design. Landscaped open space on-site can help enhance the urban forest, or other vegetation characteristic of the neighborhood, by coordinating with open space on neighboring sites and roadside vegetation. Landscaping also can aid in achieving other design objectives such as breaking up mass and bulk and protecting privacy, but such use of landscaping should not substitute for good building design.

Public Views. Buildings shall be located and designed to preserve significant coastal views from the public right-of-way in conformance with Section 30251 of the California Coastal Act. The protection of public views should not prevent reasonable development of the site, yet development shall not preclude reasonable protection of any significant coastal view.

Private Views. Designs should respect views enjoyed by neighboring parcels. This objective is intended to balance the private rights to views from all parcels that will be affected by a proposed building or addition. No single parcel should enjoy a greater right than other parcels except the natural advantages of each site's topography. Buildings which substantially eliminate an existing significant view enjoyed on another parcel should be avoided.

Solar Access. Designs should preserve the rights to reasonable solar access on neighboring parcels. Excessively tall buildings, particularly those near a north property line, which would block the free passage of the sun onto neighboring solar collectors or south-facing windows on neighboring sites, should be avoided.

Equity. Design controls and conditions of approval should be reasonable and fair.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.10.020 Dimensional Standards – Lots, Parcels and Building Sites.

Legal Building Site Required. Parcels not meeting the criteria for legal building sites shall not be issued any building permits, other than permits for demolition, repair or maintenance, until the parcel has been brought into compliance with this section. A parcel of land within the R-1 land use district shall meet one of the following standards to be considered a legal building site:

At Least 2,500 Square Feet. A single, independent lot of record in existence on February 4, 1948, with at least 2,500 square feet of land area that was not in the same ownership as one or more adjoining lots of record on that date; or

Two Thousand Five Hundred Square Feet or More. Any lot of record of 2,500 square feet or more, that on February 4, 1948, was in the same ownership as one or more adjoining lots of record and qualifies under one of the criteria below:

A parcel of land in the form of a rectangle having at least 3,700 square feet, composed of 2,500-square-foot lots of record and/or portions thereof that existed on February 4, 1948, and which have been reconfigured either by a lot line adjustment or by a merger of lots in conformance with CMC § 17.10.040, Lot Mergers.

A parcel of land in the form of a rectangle having at least 5,000 square feet, composed of two or more whole 2,500-square-foot lots of record that existed on February 4, 1948, and which has been formed by a merger of lots in conformance with CMC § 17.10.040, Lot Mergers.

At Least 4,000 Square Feet. A parcel of land having at least 4,000 square feet in area that is composed of one or more whole lots of record, or was composed of portions of lots of record but has been reconfigured through a lot line adjustment, or by a merger of lots, and recorded as one or more whole lot of record.

At Least 6,000 Square Feet. A parcel of land having an area of not less than 6,000 square feet which is not in the form of a rectangle conforming to the standards below:

All irregularly shaped lots must contain a minimum 20-foot frontage on a public right-of-way, except for parcels of land abutting a public street which shall have a minimum frontage of 40 feet, and except for parcels of land abutting a public cul-de-sac, which shall have a minimum frontage of 30 feet.

Any right-of-way used for ingress and egress to buildable portions of irregularly shaped lots shall be unobstructed and shall have a minimum width of 20 feet, and the 20-foot right-of-way shall not be considered for purposes of building site area or building site coverage.

Multiple Lots on One Building Site. No developed building site composed of more than one lot of record shall be reduced in size by establishing one of the component lots as a separate site if such action would create or increase nonconformity with respect to the allowable site coverage, floor area ratio, parking, setbacks, site area or other zoning standards for any site involved.

Fragment Lots. Lot fragments are portions of lots that do not meet minimum standards for building site area. Some existing parcels and building sites contain one or more lot fragments resulting from past activities such as:

Lot line adjustments or subdivisions in which preexisting lot lines, interior to the property, were not removed;

Private transactions involving land transfers between parties as in gifts, exchanges, deed transfers, inheritance, etc., which also left lot lines, interior to the property intact; or

Designated remainders not divided for the purpose of sale, lease, or financing that were not counted as a parcel for the purpose of fulfillment of requirements for subdivision improvements.

Lot fragments shall not qualify as legal building sites unless joined to whole lots or other fragments to meet minimum building site criteria for size, as established above in this section and recorded as one or more lots of record.

Steep Slope Areas. For areas with an average slope greater than 30 percent, the minimum lot size required for new subdivisions shall increase by the following percentages:

Slopes Between 30 and 40 Percent. The minimum lot size requirements shall increase by 50 percent.

Slopes Between 40 and 50 Percent. The minimum lot size requirements shall increase by 75 percent.

Slopes Greater than 50 Percent. The minimum lot size requirements shall increase by 100 percent.

Certificates of Compliance. Any person owning real property or vendee pursuant to a contract of sale of real property may request, and a local agency shall determine, whether the real property complies with all applicable City ordinances and the Subdivision Map Act regarding the formation of legal lots. Upon finding that a parcel complies with the requirements for a legal lot under the Subdivision Map Act and local ordinances adopted pursuant to formation of legal lots, the Department of Community Planning and Building shall issue for recordation a certificate of compliance. If the Department determines that the property does not comply with applicable State and City requirements, the Director may impose any conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest. Upon making a determination of noncompliance and establishing conditions, the City shall cause a conditional certificate of compliance to be filed for recordation with the County Recorder. In addition, the lot configuration described in the conditional certificate of compliance shall be subject to the coastal development permit requirements of Chapter 17.52 CMC. Furthermore, any lot configuration described in a [unconditional] certificate of compliance shall be subject to the coastal development permit requirements of the Local Coastal Program (Chapter 17.52 CMC) if the division of land that created that configuration occurred subsequent to January 1, 1977, or February 1, 1973, in the case of a division subject to Proposition 20. Compliance with these conditions shall be required prior to City action on any permit for development of the parcel except as otherwise provided in this section.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.10.030 Site Development and Building Standards.

Setbacks. Minimum building setbacks shall conform to the standards in Table 17.10-A: Setback Standards for R-1 District.

Table 17.10-A: Setback Standards for R-1 District
Lot Type	Front Setback (in feet)	Rear Setback* (in feet)	Side Setbacks
			Composite** (both sides)	Minimum Setbacks (in feet)
			Composite** (both sides)	Interior Side	Street Side
Interior Site	15	15	25% of site width	3	N/A
Corner Site	15	15	25% of site width	3	5
Resubdivided Corner Site	10	15	25% of site width	3	9
Double-Frontage Site	15	N/A	25% of site width	3	5 (if applicable)

Notes:
* The rear setback is three feet for those portions of structures less than 15 feet in height.
** See CMC § 17.10.030(A)(1) and 17.06.020, Rules of Measurement.

Figure II-1: Rear Setback Exception

Detached Garages and Carports. To encourage variety and diversity in neighborhood design, detached garages and carports may be authorized by the Planning Commission within rear yard setbacks or front or side yard setbacks facing a street, subject to the following standards:

Front or Side Yard Setback Facing a Street. The Planning Commission may authorize a single-car, detached garage or carport not exceeding 12 feet in width, 250 square feet in floor area and 15 feet in height in either the front yard setback or a side yard setback facing a street (but not both) if:

At least 50 percent of the adjacent right-of-way is landscaped or preserved in a natural and forested condition to compensate for the loss of open space;

ii.

The proposed setback encroachment would not impact significant or moderately significant trees;

iii.

Free and safe movement of pedestrians and vehicles in adjacent rights-of-way is protected;

iv.

All development on site will be in scale with adjacent properties and the neighborhood context consistent with adopted design guidelines; and

Placement of the garage or carport in the setback will add diversity to the neighborhood streetscape.

Interior Side Yard Setback and/or Rear Setback. Detached garages may encroach into an interior side yard setback, rear yard setbacks, or both, if limited to 15 feet in height, the setback encroachment would not impact significant or moderately significant trees, and the garage location/design complies with design guidelines.

Figure II-2: Composite Side Yard Setbacks

Setback Exceptions. The following table identifies allowed exceptions to setbacks in the R‑1 district:

Table 17.10-B: Setback Exceptions in R-1 District
Design Element	Front Setback		Rear Setback		Side Setback
Design Element	Allowed	Limits	Allowed	Limits	Allowed	Limits
Chimneys	Yes	24 in.	No	N/A	No	N/A
Driveway	Yes	N/A	Yes	N/A	Yes	18 in.
Eaves	Yes	24 in.	Yes	18 in.	Yes	18 in.*
Entryway/Porch	No	N/A	No	N/A	Yes	18 in. street side only, uncovered
Fences/Walls/Arbors	Yes	Refer to Table 17.10-G	Yes	Refer to Table 17.10-G	Yes	Refer to Table 17.10-G
Garage/Carport	Yes	Refer to CMC § 17.10.030 (A)(1)	Yes	Refer to CMC § 17.10.030 (A)(1)	Yes	Interior side of corner lots only
Garbage Enclosure	No	N/A	Yes	3 ft. from property line	Yes	3 ft. from property line
Ramps	Yes	Max. 4 ft. width	Yes	Max. 4 ft. width	Yes	Max. 4 ft. width
Masonry Stoops and Stairs	No	N/A	No	N/A	Yes	First floor only
Walkways	Yes	Max. width into setback: 4 ft.	Yes	Max. width into setback: 4 ft.	Yes	Max. width into setback: 4 ft.
Terraces	Yes	N/A	Yes	N/A	Yes	N/A
Window Wells	No	N/A	Yes	3 ft. from property line**	Yes	3 ft. from property line**

Notes:
* Eaves shall not encroach into any minimum side yard for more than 20 linear feet per side.
** All window wells that encroach into setbacks shall meet the minimum length, depth, and width requirements for egress and access to light.

Height Limits. The following height standards apply to the R-1 district. Where conflicts between two or more of these standards occur, the more restrictive limits shall apply.

Table 17.10-C: Maximum Height Standards
	R-1 District	R-1-BR District	R-1-PO District
Number of Stories Allowed	2	2	1*
Roof Height of First Story (in feet)	18	18	18
Plate Height of First Story (in feet)	12	12	12
Roof Height of Second Story (in feet)	24	18	24*
Plate Height of Second Story (in feet)	18	18	18*

Notes:
* See CMC § 17.20.100, Required Planning Commission Review, and CMC § 17.20.110, Review Criteria.

Figure II-3: Maximum Heights

Chimneys. Fireplace chimneys and vents, including caps, shall be no higher than required by the UBC and shall not exceed four feet in height above the building height. Chimneys, vents or chimney enclosures which project above a roofline, flat deck or parapet wall shall also be subject to the following standards.

Maximum horizontal dimension: three feet and four inches. No cap or ornament shall exceed 24 inches in any horizontal dimension.

Exception: three feet and six inches for double-flue chimneys.

Chimneys shall not contain any storage space, access openings or other uses unrelated to the vent function of the chimney.

Site Coverage. Impermeable site coverage, as defined in Chapter 17.70 CMC, shall be limited to a maximum of 22 percent of the base floor area allowed for the site (Note: on a 4,000 square-foot site this equals 396 square feet or 10 percent of the site).

Exemptions.

Building Projections. Structural elements that project out from building walls including oriel windows, eaves, balconies, overhangs and similar structural elements are exempt from site coverage calculations if limited to a projection of 18 inches or less. Window wells providing emergency egress shall provide at least three feet of clearance from the window opening and nine square feet in area unless otherwise determined by the Building Official. The ground area of each window well shall be fully counted as site coverage.

Figure II-4: Window Well

Additional Site Coverage for Driveways. If at least 50 percent of all site coverage on the property is made of permeable or semi-permeable materials, an additional amount of site coverage of up to four percent of the site area may be allowed for use in a single driveway of up to nine feet in width.

Flag Lots. The paving of private roads or the paving on the "pole" of a flag lot are exempt from site coverage limits.

Nonconforming Site Coverage. Sites not in compliance with site coverage limits shall not be authorized to increase site coverage. Sites with excess coverage may add floor area consistent with subsection (D)(3) of this section, Exterior Volume, only when:

The site complies with the R-1 district tree density provisions established in CMC § 17.48.080(A) and all existing and new trees have sufficient space to protect the root zones and provide for new growth; and

Excess site coverage will be reduced at a rate equal to two times the amount of floor area added to the site, or to an amount that complies with the site coverage limits, whichever is less.

Figure II-5: Maximum Site Coverage

Floor Area Ratio and Exterior Volume.

Floor Area. "Floor area" means the total gross square footage included within the surrounding exterior walls of all floors contained within all enclosed buildings on a building site whether finished or unfinished. In above-ground spaces, floor area is measured at the exterior of the enclosing walls. In basement spaces, floor area is measured at the interior of the enclosing walls. Floor area shall include, but shall not be limited to, all floors of all enclosed spaces within all building, basements, mezzanines, guesthouses, studios, garages and carports. All attic, basement and storage shed spaces with five or more feet of clearance between the floor or walking surface and the ceiling or roof surface shall be counted as floor area. All required parking shall be counted as floor area, whether supplied by garage, carport or other means.

Maximum Floor Area. The maximum potential floor area on a site is the sum of the base floor area plus any bonus floor area. The actual floor area that will be permitted on each site is dependent on site constraints and compliance with the design objectives for the R-1 district. The maximum floor area will not be achievable on sites with constraints such as slopes, significant trees, unusual shape or difficult access. For sites with an average slope greater than 30 percent, the maximum allowed base floor area and exterior volume shall be reduced by two percent for each one percent increase in average slope above 30 percent up to a maximum reduction of 50 percent (See CMC § 17.06.020(D), Determining Buildable Area).

Sites Less Than 4,000 Square Feet. On sites of 4,000 square feet or less in area, the maximum base floor area shall not exceed 45 percent of the area of the building site.

Sites Between 4,000 and 10,000 Square Feet. On sites between 4,000 square feet and 10,000 square feet, the base floor area shall be calculated as follows:

Sites Larger Than 10,000 Square Feet. For sites larger than 10,000 square feet the base floor area shall be as stated in Table 17.10-D. For building sites of a size between two entries in the table, the base floor area shall be prorated using a straight, arithmetic projection between entries. The maximum allowed floor area on any building site 22,000 square feet or larger shall not exceed 6,000 square feet.

Table 17.10-D lists base floor area for common lot sizes.

Table 17.10-D: Base Floor Area and Bonus Floor Area Standards for Typical Lots
Site Area	Base Floor Area	Maximum Bonus Floor Area	Maximum Total Floor Area*
4,000	1,800	600	2,400
5,000	2,150	717	2,867
6,000	2,460	820	3,280
7,000	2,730	910	3,640
8,000	2,960	987	3,947
9,000	3,150	1,050	4,200
10,000	3,300	1,100	4,400
11,000	3,450	1,150	4,600
12,000	3,600	1,200	4,800
13,000	3,735	1,245	4,980
14,000	3,870	1,290	4,160
15,000	4,005	1,335	5,340
16,000	4,140	1,380	5,520
17,000	4,255	1,418	5,673
18,000	4,370	1,457	5,827
19,000	4,485	1,495	5,980

Notes:
*The "maximum total floor area" equals the base floor area plus the bonus floor area. The numbers in this column would require half of the total floor area to be located in a basement.

Other Provisions.

Required Parking. On each site, a minimum of 200 square feet of base floor area and 2,200 cubic feet of exterior volume shall be reserved for each required parking space whether provided by means of a garage, carport or parking pad. Inability to provide on-site parking shall not authorize more floor area or exterior volume for other purposes in lieu of parking.

ii.

Unbuildable Areas. Those portions of a property that are not counted as part of the building site or that are unbuildable (i.e., exclusive easements, private roads, the "pole" of a flag lot, etc.) shall first be deducted from the site lot area when calculating base floor area.

iii.

Interior Stairways. Interior stairways connecting a first story with a second story shall be counted as floor area on only one of the two floors the stair connects. This floor area shall be considered two-story for purposes of determining volume.

iv.

Bonus Floor Area – Basement Incentive. Each site shall be allowed 100 square feet of floor area, located in a basement that is exempt from the floor area limit established in this section. This basement floor area shall be in addition to the allowed base floor area total.

Exterior Volume.

General Provisions. The maximum allowable exterior volume is the total allowed base floor area for the site multiplied by the volume factors in Table 17.10-E. (See also CMC § 17.06.020 (G), Exterior Volume).

Table 17.10-E: Exterior Volume Factors for R-1 District
	Maximum Exterior Volume (Cubic Feet) Per Square Foot of Floor Area
	One-Story Elements of the Building	Two-Story Elements of the Building
Located under a pitched or sloping roof greater than 3:12 pitch	12	11
Located under a flat roofed area of the building 3:12 or less pitch	11	10

Volume Option for Additions. It is recognized that existing homes built prior to 2003 may not have been designed to comply with volume standards. For these homes the following option is available: additions of floor area, whether attached or detached, may be approved through design review without determining compliance with the exterior volume standard for the entire site. Instead, the addition(s) shall comply with the applicable volume factor (from the table above), only for the specific floor area contained in the addition(s). This option applies only to the specific location of the addition. No alteration affecting other parts of the building shall be approved through this option. Projects for which applicants have not chosen this option shall be reviewed using volume limits for the entire site.

Changes in Design with Limited Affect on Volume. The Director may waive the requirement for a determination of total exterior volume for any changes in design if the volume being added by all of the proposed changes would not exceed two percent of the total allowed volume for the site. The cumulative total volume of changes constructed after February 6, 2003, using such waivers shall not exceed this two percent limit.

Bonus Floor Area. The City provides an incentive to use some of the base floor area and exterior volume in a basement. The result of this incentive is to reduce above-ground floor area and reduce exterior volume for sites awarded bonus floor area in basements. Under this incentive program, the area required for a minimal stairway from the first floor to the basement shall not be counted as floor area on either floor the stair connects.

One-Story. For each one square foot of the base floor area constructed in a basement and 12 cubic feet of allowed exterior volume not built above average grade, one additional square foot of bonus floor area may be constructed in a basement.

Two-Story. For each one square foot of the base floor area constructed in a basement and 11 cubic feet of allowed exterior volume not built above average grade, one additional square foot of bonus floor area may be constructed in a basement. (See bonus basement floor area as shown in Table 17.10-F).

The limits on the amount of volume that may be built in a basement are the defined interior ceiling height for basements and the requirement that all basement space shall be located within the perimeter established by the exterior, above-ground walls of the primary dwelling on the site. A basement shall not extend into any open space or yard area outside the building footprint without it counting as above-ground floor area.

On some sites, or areas within a site, excavation may be inappropriate due to tree roots or other constraints and the bonus floor area will not be achievable. Bonus floor area is not available to sites nonconforming with respect to any floor area or parking regulation.

Table 17.10-F: Example of Bonus Floor Area Calculations*
Floor Area Above Ground	Base Floor Area in Basement	Bonus Basement Floor Area	Maximum Exterior Volume**		Total Floor Area
Floor Area Above Ground	Base Floor Area in Basement	Bonus Basement Floor Area	One Story	Two Story	Total Floor Area
1,800	0	0	21,600	19,800	1,800
1,600	200	200	19,200	17,600	2,000
1,500	300	300	18,000	16,500	2,100
1,400	400	400	16,800	15,400	2,200
1,300	500	500	15,600	14,300	2,300
1,200	600	600	14,400	13,200	2,400

Notes:
* For 4,000 square foot site where base floor area equals 1,800 square feet.
** Exterior volumes for the two-story column assume both floors are of equal size. The allowed exterior volume of a building that is partially one story and partially two stories will have a value that is between the one and two story columns and will be unique for each design based on how much is one story and how much is two story (See Bonus Basement Floor Area Worksheet).

Fences and Walls.

Height. Fences and walls meeting the standards in Table 17.10-G may be approved through track one design review. Approval of taller fences and walls require approval from the Planning Commission.

Table 17.10-G: Maximum Track One Fence and Wall Heights
Design Element	Setback Location
Design Element	Front Setback	Side Setback	Side Setback Facing Street	Rear Setback
Fence	4 feet*	6 feet	4 feet*	6 feet
Garden Wall	3 feet*	6 feet	3 feet*	6 feet
Retaining Wall	3 feet**	6 feet	3 feet**	6 feet
Pillars and Gates	6 feet	N/A	6 feet	N/A
Arbor/Trellis	7 feet	7 feet	7 feet	7 feet

Notes:
* These limits shall not be altered through Design Review by the Planning Commission.
** Up to six feet may be allowed for retaining walls that are not visible from the street. See CMC § 17.10.030(E)(4).

Reconstruction of Nonconforming Fences and Walls. Existing fences and walls may be rebuilt if damaged or deteriorated without conforming to current height limits upon submittal of plans and photographs documenting existing heights and materials prior to demolition. The director may approve the rebuilding as long as heights are not increased.

New Fences and Walls. New fences and walls on corner lots shall be reviewed by the Building Official in consultation with the Police Department to ensure a safe line of sight for intersecting lanes of traffic.

Retaining Walls. Retaining walls in front setbacks or side setbacks facing a street are permitted as follows:

Retaining walls with the exposed face visible from the street shall have a maximum height of three feet.

Retaining walls with the exposed face parallel to the street and facing the interior of the property site shall have a maximum height of six feet.

Exceptions to these height limits shall require Planning Commission approval.

Figure II-5: Retaining Walls

On-Site Parking Requirements. Required parking spaces shall be provided by a garage, carport or parking pad measuring at least 10 feet by 20 feet having practical ingress and egress for a vehicle. Tandem parking is allowed in this district. All required parking shall be provided on-site and shall be counted as floor area and exterior volume.

Required Parking Spaces.

Dwellings. One parking space per primary dwelling on sites of 8,000 square feet or less in area. Two parking spaces per primary dwelling on sites larger than 8,000 square feet in area.

Guesthouses. One space per guesthouse.

Accessory Dwelling Units. Sites with Class II accessory dwelling units shall provide a minimum of one parking space on-site at the time of approval. Upon enlargement or improvement of a Class II unit there shall be one parking space each for the primary dwelling on the site and for the accessory dwelling unit. Improvements to accessory dwelling units are allowed even if one or both parking spaces encroaches into a setback. Sites with Class III or IV accessory dwelling units shall provide one parking space behind all setbacks for the accessory dwelling unit and shall comply with all parking requirements established in Chapter 17.38 CMC, Off-Street Parking Requirements, for other development on the site.

Additional Requirements.

Parking required for conditional uses shall be established when the use permit is issued, but shall be no less than for equivalent uses in the commercial district;

Each required parking space shall conform to setback standards unless an exception or variance applies. Driveways may encroach into setbacks;

On sites of less than 6,000 square feet, only a single-car width garage door shall face the street. Wider garage doors on such lots may be authorized if the door is integrated into the house and adjacent wall surfaces (i.e., same materials and color) or set back at least 50 percent into the depth of the lot;

Developed building sites not meeting parking standards shall be considered nonconforming. No building permits authorizing any demolition, floor area addition or increase in exterior volume exceeding two percent of allowed volume shall be issued unless one or more of the following applies:

The proposed plans for construction will achieve compliance with all parking standards; or

ii.

The building permit is for repairs only, or is for alterations involving no expansion of floor area and the valuation of the work would not exceed 25 percent of current construction costs for replacement of the building.

Outdoor Antennas. Except as provided in Chapter 17.46 CMC, Telecommunications and Wireless Facilities, all outdoor antennas, including satellite dishes, shall conform to the following:

Maximum Number. One antenna per building site.

Maximum Height. No part of any antenna shall exceed the height limits in the underlying land use district or overlay zone. Roof-mounted antennas serving a single property are allowed if they are mounted below the ridgeline and are not visible from any street.

Minimum Setbacks. Ground-mounted antennas and support structures shall be at least three feet from any property line. No antennas or support structure shall be located in any setback facing a street.

Screening. All ground- or wall-mounted antennas shall be screened or camouflaged by walls, color, fences or landscaping.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009; amended during 8/09 update; Ord. 2017-10 § 2, 2017)

§ 17.10.040 Lot Mergers.

Mergers Initiated by the City. As provided for in the Subdivision Map Act of the State of California, the City may merge two or more contiguous parcels or units of land that are under the same ownership if any one of the parcels or units does not conform to the building site standards contained in this chapter and all of the following requirements are met:

At least one of the parcels is undeveloped by any structure, or is developed only with one or more accessory structures, or is developed with a single structure other than an accessory structure that is also partially sited on a contiguous parcel or unit.

With respect to any affected parcel or unit, one or more of the following conditions exist. The parcel or unit:

Is comprised of less than 5,000 square feet in area at the time of the determination of merger; or

Was not created in compliance with the applicable laws and ordinances in effect at the time of its creation; or

Does not meet standards for water supply (See Chapter 17.50 CMC, Water Management Program); or

Has a slope in excess of 30 percent; or

Has no legal access adequate for vehicular and safety equipment access and maneuverability; or

If developed would create health or safety hazards; or

Is inconsistent with the General Plan Coastal Land Use Plan, or any applicable specific plan, other than minimum lot size or density standards.

Regulatory Merger Procedure. The procedures for mergers shall follow the requirements established in the Subdivision Map Act of the State of California at the time of the merger.

Mergers Requested by Property Owners.

Merger of Substandard Lots and/or Lot Fragments. A property owner may request a merger to consolidate lots and/or lot fragments as defined by this code to create a single parcel that meets the requirements for a legal building site in the district where the property is located. Such request shall be in writing and shall be accompanied by such information as required by the Director and a fee established by the City Council. The Director may approve a request for merger without public notice or a hearing. Approvals shall be subject to conditions necessary to achieve compliance with the General Plan and other applicable regulations. The Director's decision may be appealed to the Planning Commission as provided for in Chapter 17.54 CMC, Appeals, and the Subdivision Map Act. Upon approval, the City shall cause to be filed a determination of merger with the County Recorder.

Other Owner-Initiated Mergers. The City encourages the merger of small lots into larger lots to promote diversity in design and housing size and to preserve open space. Two or more contiguous lots of record, each of which would individually meet the standards for development as a building site, may be merged through the filing of a voluntary merger request by the owner(s). Upon approval of such a merger by the Department of Community Planning and Building, and recording of merger documents or maps with the County Recorder, the following incentives become available to the property:

Allowed base floor area may be increased by three percent of site area, beyond the standard specified in CMC § 17.10.030(D), Floor Area Ratio and Exterior Volume. A commensurate amount of additional exterior volume also shall be allowed.

Guesthouses or accessory dwelling units may be built with 100 square feet more floor area than is specified in CMC § 17.08.050(C), Guesthouses and 17.08.050(G), Accessory Dwelling Units.

Up to 2.5 percent of additional site coverage is allowed if the site complies with the City's tree density standards.

One additional accessory structure is allowed for a total of three accessory structures on the site.

Voluntary Waiver of Subdivision Rights. Any owner of a lot of record that is two or more times the minimum lot size for the underlying land use district may grant a permanent easement to the City, voluntarily waiving all future rights to apply for, and receive approval for, any subdivision of land to create additional building sites. Upon approval by the Department of Community Planning and Building and proper recording of easement documents with the County Recorder, the incentives established in this section for merged lots become available to the property.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2017-10 § 2, 2017)

§ 17.10.050 Floodplain Development.

Parcels shown on Plate 2 of Floodplain Information, Carmel River, Monterey County, California (U.S. Army Corps of Engineers, San Francisco District, May 1967), are considered to be in a floodplain.

Any new building or addition to an existing building located in a floodplain shall establish the first floor level at least one foot higher than the elevation of the standard project flood, or in the case of nonresidential structures, the elevation to which the building has been flood protected. Documentation verifying compliance shall be certified by a civil engineer registered in the State and shall accompany the building permit for the proposed construction. All elevations shown on the plans shall be referenced to mean sea level.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.10.060 Residential Design Guidelines.

The City Council shall maintain design guidelines to implement the design objectives outlined in CMC § 17.10.010, Purpose and Design Objectives. The Planning Commission and the Department of Community Planning and Building shall use these Guidelines to review proposed construction. Designs that conflict with municipal code standards or which fail to achieve reasonable compliance with the adopted R-1 design objectives shall not be approved. (Amended during 8/09 update; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

§ 17.10.070 Review of Plans.

All proposed site development, exterior alterations, rebuilding, rehabilitation and new construction shall require design review. The dimensional standards established in this chapter (e.g., height, setbacks, coverage, floor area) represent maximum or minimum limits and will not be achievable on every site. Design review involves discretion and judgment regarding the appropriateness of each design within the context of site constraints and neighborhood character. See Chapter 17.58 CMC, Design Review.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.10.080 Additional Use Regulations.

Development, as defined in Chapter 17.70 CMC, shall not interfere with the public's right of access to the sea by eliminating free public beach parking along San Antonio Avenue between 2nd Avenue and Santa Lucia or along any street rights-of-way west of San Antonio.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.12.010 General Regulations Applicable.

All general regulations in Division I, General Regulations, are applicable to the R-4 district. All regulations not specifically reserved to the CC, SC, or RC districts in Chapter 17.14 CMC, Commercial Zoning Districts, shall apply to the R-4 district.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.12.020 Site Development and Building Standards.

Maximum Number of Stories. Buildings shall be no more than two stories.

Maximum base density: 33 units/acre. Each apartment unit, single-family dwelling, guesthouse, condominium unit, accessory unit and each commercial shop space shall be counted as a unit in determining the density of projects in the R-4 district.

Bonus Density. Additional housing units may be allowed upon approval of a density bonus up to a maximum of 44 units per acre. Required findings for approval of a density bonus are established in CMC § 17.64.190. Any density bonus calculation resulting in fractional units shall be rounded up to the nearest whole unit.

Building Site Area.

Maximum: 20,000 square feet.

Minimum: 4,000 square feet.

Rental Units. Sites of 4,000 square feet or less in area may be developed with apartments, condominiums, or a combination of both. On sites that are greater than 4,000 square feet or more in size, at least 50 percent of all residential units on the site shall be provided as rental apartment units.

Distance Between Buildings. Buildings shall not be less than six feet from any other buildings on the same site.

Parking. All projects shall provide the minimum amount of parking required in Chapter 17.38 CMC, Off-Street Parking Requirements, and meet all of the requirements of that chapter and the following supplemental requirements.

Required parking for dwelling units must be provided on-site and the payment of fees in lieu of parking shall not be applicable to dwelling units in this zone.

Underground parking provided in a basement/garage shall not be considered a story if the finished floor elevation above such basement/garage is not more than five feet above the official grade of the sidewalk in front of the structure, or structures as may face on a public street, way, place, or park.

Parking on every site shall be for the sole use of tenants or subtenants of the dwelling units on each site and shall not be let, sublet, rented out, leased or hired out to any persons, corporations or companies not occupying a dwelling unit and any parking provided in excess of those required by this title shall be for the occasional use of tenant or subtenant guests only. Parking for commercial sites shall be for the exclusive use of owners, employees and customers of commercial uses on each site.

No parking spaces shall be constructed, used or maintained within the required front yard setback lines or side yards facing a street.

Surface parking on sites exceeding 6,000 square feet in area and all underground parking facilities shall provide a means on the site to allow vehicles to turn around so as to prevent a vehicle from backing onto a public street.

Driveways shall not exceed 14 feet in width and the driveway grade shall conform to all provisions of CMC § 17.14.210, Parking Design.

Landscaping. A landscaping plan shall be prepared for all new development, and substantial alteration of existing development, in the R-4 district in accord with Chapter 17.34 CMC, Landscaping.

Outdoor Antennas. Except as provided in Chapter 17.46 CMC, Telecommunications and Wireless Facilities, antennas used by Federal Communications Commission licensed ham operators or operators certified by RACES or ARES, both of which are excluded from the application of these provisions, erected in the R-4 land use district shall be subject to the following standards:

No antenna or its supporting structure shall be located in the area between the front property line and the portion of the main structure or building located closest to the front property line.

No antenna shall be roof-mounted except on a flat portion of the roof structure with parapets, and/or architecturally matching screening plan.

All ground-mounted antennas shall be camouflaged by walls, antenna color, fences, or landscaping. Landscaping shall be of a type and variety capable of growth within one year to a landscape screen that obscures the visibility of the antenna. The landscaping plan shall be approved by the City Forester before it is implemented.

No antenna shall be erected within the public viewshed as identified in CMC § 17.12.050, Preservation of Public Viewshed.

No part of any antenna shall be higher than 24 feet.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2023-06 § 3, 2023)

§ 17.12.030 Demolition and Rebuilding of Structures.

Residential Structures. Demolition of structures shall be regulated in conformance with Chapter 17.30 CMC, Demolition of Buildings. Existing residential land uses, lawfully established prior to the effective date of the ordinance codified in this chapter, March 7, 1990, having a greater density of dwelling units than allowed by the standards for this district may be replaced or reconstructed at the same density upon approval of a design that complies with all current design standards applicable to the R-4 district.

Commercial Structures. No increase in commercial floor area shall be allowed on any site. Existing commercial structures containing conforming uses may be replaced by new commercial structures as long as the proposed buildings comply with all R-4 development standards and the findings found in CMC § 17.64.100, Increase in Commercial Floor Area, Commercial Spaces or Business.

With the exception of motel uses which may include guest rooms at both the first and second stories, all commercial uses within such newly constructed buildings shall be limited to the first floor level, at or near street grade. Lawfully established motel uses in the R-4 district shall be considered conforming upon approval of a use permit and may be remodeled or rebuilt in conformance with their authorized number of guest rooms as long as all design and parking requirements of the R-4 district are met.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.12.040 Design Regulations.

For general design regulations applicable to the R-4 district see regulations applicable to the RC district in Chapter 17.14 CMC, Commercial Zoning Districts.

Architectural Variety. For developments greater than 4,000 square feet in site area the design shall reflect variety in architectural treatment and housing size. Larger sites shall coordinate the arrangement of open spaces, landscaping and buildings on the site and on adjacent sites to create a pleasant living environment with open spaces that are usable by the residents for active or passive recreational purposes and aesthetic enjoyment.

Additional Design Regulations. See standards applicable to RC district in Chapter 17.14 CMC, Commercial Zoning Districts.

Design Review Required. See Chapter 17.58 CMC, Design Review.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.12.050 Preservation of Public Viewshed.

The significant coastal view across Block 37, Lots 3, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 20, 21, 22, and 24 within this district shall be preserved for public benefit. All site improvements or buildings approved within the R-4 district shall be studied by the Planning Commission for their effect on this viewshed. Existing views from the intersection of Torres Street and Third Avenue and from Lots 3, 5, and 7 in Block 37 zoned as district P-Z and shown on the following illustration (Figure II-7) shall be preserved. No structure shall be approved for construction and no vegetation shall be planted or maintained within the viewshed at a height that exceeds the 350-foot contour elevation as referenced on the topographic survey dated June 1983 by Clayton B. Neill Jr. (W.O. #6415).

Figure II-7: Public Viewshed

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.010 Purpose.

The specific purposes of the commercial zoning districts are as follows:

Central Commercial District (CC). To provide an appropriate location for a broad range of retail, residential and service uses. Uses which generate high pedestrian traffic and which do not have large space requirements are appropriate in this district. Residential uses are appropriate on the second floor of structures.

Service Commercial (SC). To provide an appropriate location for services, offices, residential and limited retail activities that primarily serve local needs. This district is intended to provide a distinct transition between the more intense activities in the CC district and the less intense activities in the districts on its periphery. Mixed uses of commercial and residential activities are appropriate throughout this district.

Residential and Limited Commercial (RC). To provide an appropriate location for permanent and transient residential uses, service and office uses, and limited retail uses that do not adversely impact the residential neighborhood. This district is intended to provide a transition and buffer between the more intense activities in the CC and SC districts and the less intense activities in the R‑1 and R-4 districts.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.020 Districts Identified.

Table 17.14-A delineates all lots and blocks contained within each commercial land use district. Figure II-8 shows the location of lots and blocks in the commercial land use districts.

Table 17.14-A: Commercial District Blocks and Lots
Block	Lots
CC District
Block 55	Lots 9, 11, 13, 15 and 17 through 20
Block 56	Lots 9 through 20
Block 57	Lots 7 and 9 through 20
Block 70	All
Block 71	All
Block 72	All
Block 73	All
Block 74	Lots 1 through 4; 9, 11, 13, and north half of lots 5 through 8
Block 75	Lots 1 through 17; 19 and 21
Block 76	All
Block 77	All
Block 78	All
SC District
Block 49	Lots 14, 16 through 26
Block 50	Lots 13 through 20
Block 51	Lots 13 through 20
Block 55	Lots 1 through 8; 10, 12, 14 and 16
Block 56	Lots 1 through 8
Block 57	Lots 1 through 6; 8
Block 58	All
Block 90	Lots 1 through 4
Block 91	Lots 1 through 8; 10 and 12
Block 92	Lots 1, 3, 5, 7 and 9
RC District
Block 34	All
Block 35	All
Block 36	Lots 1 through 11, 13 and 15
Block 50	Lots 1 through 12
Block 51	Lots 1 through 12
Block 59	Lots 4 through 26
Block 68	All
Block 74	Lot 12; 14 through 22; 10; south half of lots 5 through 8
Block 75	Lots 18, 20, and 22
Block 89	All
Block 90	Lots 5 through 20
Block 91	Lots 9 and 11, 13 through 20
Block 92	Lots 10 through 20; 2, 4, 6 and 8
Block 93	Lots 1 through 6
Block A	Lots 1 through 6
Block EE	Lots 1 through 10 and south 30 feet of lot 11

Figure II-8

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.030 Land Use Regulations.

Schedule II-B prescribes the land use regulations for the commercial districts. The regulations for each district are established by letter designations as follows:

"P" designates permitted use classifications.

"L" designates use classifications that are permitted, subject to certain specific limitations noted by the number designations and listed at the end of Schedule II-B.

"C" designates use classifications permitted after review and approval of a conditional use permit by the Planning Commission. Conditions may apply to these uses, noted by the number designations and listed at the end of Schedule II-B.

These uses are subject to Division I, General Regulations, and may be subject to additional use regulations found in Division IV, Provisions Applying in All or Several Districts. Additional use regulations are also found in CMC § 17.14.040, Additional Use Regulations, and are referenced in the schedule. Findings for specific uses may also be required and are found in Chapter 17.64 CMC, Findings Required for Permits and Approvals.

Schedule II-B: Commercial Districts – Use Regulations
P = Permitted Use L = Limitations Apply C = Conditional Use Permit Required	Commercial Districts			Additional Regulations
	CC	SC	RC	Additional Regulations
Retail
Animal Sales and Services
Animal Grooming	P	P	P	See CMC § 17.14.040(C)
Animal Hospitals	–	C	–	See CMC § 17.14.040(C)
Kennels	–	C	C	See CMC § 17.14.040(C)
Automobile Sales and Services				See CMC § 17.14.040(D)
Motorcycles, Mopeds and Parts	P	P	–
Vehicle Repair	–	C	C
Vehicle Service and Gasoline	–	C	C	See CMC § 17.14.040(D)
Building Materials, Hardware and Garden Supplies	P	P	C	See CMC § 17.14.040(G)
Eating and Drinking Establishments				See Chapter 17.56 CMC
Drinking Places	C	C	–	See CMC § 17.14.040(I)
Restaurant, Full Line	C	C	–	See CMC § 17.14.040(I)
Restaurant, Specialty	C	–	–	See CMC § 17.14.040(I)
Food and Beverage Sales				See Chapter 17.56 CMC
Convenience Market	–	L-2	L-2	See CMC § 17.14.040(D)(2) and (J)(2)
Food Store – Full Line	C	C	C	See CMC § 17.14.040(J)
Food Store – Specialty	C	C	–	See CMC § 17.14.040(J)
Liquor	C	C	C	See CMC § 17.14.040(J)
Wine Tasting Shop	C	C	–
Retail Sales	P	P	–	See CMC § 17.14.040(T)
Antique Shops	P	–	–	See CMC § 17.14.040(T)
Art Galleries	P	–	–	See CMC § 17.14.040(T)
Arts and Crafts	P	–	–	See CMC § 17.14.040(T)
Jewelry Shops	P	–	–	See CMC § 17.14.040(T)
Cosmetic Stores	C	C	–
Sales by Public Outcry (Auction)	–	C	C	See CMC § 17.14.040(U)
Specialty, Theme	P	P	–	See CMC § 17.14.040(T)
Stationery	P	P	P	See CMC § 17.14.040(T)
Thrift Shops	P	P	–	See CMC § 17.14.040(T)
Vending Machines	C	C	C	See CMC § 17.14.040(T)
Service/Office
Banks and Other Financial Institutions	P	P	P	See CMC § 17.14.040(F)
Automatic Teller Machines (ATM)	C	C	C	See CMC § 17.14.040(E)
Business Services	P	P	L-1
Commercial Recreation	P	–	–	See CMC § 17.14.040(H)
Community Care Facility	P	P	P
Computer Services	P	P	P
Day Care Centers	–	C	C
Emergency Medical Care	P	P	P
Government Offices	P	P	P
Hotels and Motels	C	C	C	See Chapter 17.56 CMC, Restricted Commercial Uses, and CMC § 17.14.040(M)
Hospitals and Clinics
Hospitals		C	–	See CMC § 17.14.040(L)
Clinics	P	P	P	See CMC § 17.14.040(L)
Hospice Care, Limited	P	P	P
Maintenance and Repair Services	L-3	L-3	L-3
Office
Business and Professional	P	P	P
Medical and Dental	P	P	P
Other	P	P	L-4	See CMC § 17.14.040(O)
Parking Facilities, Commercial	–	C	C	See CMC § 17.14.040(P) and Chapter 17.64 CMC, Findings Required for Permits and Approvals
Personal Improvement Services	C	C	–	See CMC § 17.14.040(Q)
Personal Services	P	P	P
Laundry and Dry Cleaning	C	C	C	See CMC § 17.14.040(R)
Video Tape Rental	P	P	–	See CMC § 17.14.040(R)
Research and Development Testing Services	P	P	P	See CMC § 17.14.040(S)
Residential Care Facilities
General	–	C	C
Limited	L-6	L-6	L-6
Senior	–	C	C
Travel Services	P	P	P	See CMC § 17.14.040(V)
Residential/Public and Semipublic
Colleges and Trade Schools	P	P	P
Community Centers	C	C	C
Conference Facilities, Small	C	C	C
Community Social Service Facility	P	P	P
Family Day Care				See CMC § 17.08.050(B)
Small Family	–	–	P
Large Family	–	C	C
Libraries, Public	P	P	P
Multifamily Dwellings				See CMC § 17.14.040(N)
0 – 22 dwelling units/acre	P	P	P
23 – 33 dwelling units/acre	C	C	C
34 – 44 dwelling units/acre	C	C	C	Chapter 17.64 CMC, Findings Required for Permits and Approvals
45 – 88 dwelling units/acre	C	C	C	Chapter 17.64 CMC, Findings Required for Permits and Approvals
Transient Rental, Legal Nonconforming	L-7	L-7	L-7	Chapter 17.68 CMC, Use Classifications, See "Nonconforming Use" Definition
Transient Rental, Housing Incentive	L-8	L-8	L-8	See CMC § 17.14.040(W)(2)(b).
Museums, Galleries, Gardens (Noncommercial)	P	P	P
Park and Recreation Facilities
Individual Recreation	C	C	–
Organized Recreation	C	–	–
Parking Facilities, Noncommercial	–	C	C	See Chapter 17.64 CMC, Findings Required for Permits and Approvals
Public Safety Facility	P	P	P
Religious Facilities	–	–	C
Schools, Private	P	P	P
Senior Citizen Housing	P	P	P
Single-Family	L-5	C	C	See CMC § 17.08.050(H)
Theater, Live Performance	C	C	C
Theater, Motion Picture	C	C	–
Industrial
Handicraft/Custom Manufacturing	P	P	C	See CMC § 17.14.040(K)
Industry, Limited	P	P	–
Transportation, Communication and Utilities
Antennas and Transmission Towers – Telecommunications	C	C	C
Antennas and Transmission Towers – Other	–	–	–
Facilities Within Buildings	P	P	C
Utilities, Major	P	P	C
Utilities, Minor	P	P	C
Agricultural
Nurseries	P	P	P
Other
Accessory Use				See CMC § 17.08.050(A)
Nonconforming				See Chapter 17.36 CMC, Nonconforming Uses and Buildings
Temporary				See CMC § 17.52.100(I)

Specific Limitations and Conditions:

L-1: Limited to advertising, consumer credit reporting, secretarial court reporting, equipment maintenance and repair, personnel supply services, and nonretail computer services and repair.

L-2: Allowed only as accessory use to gasoline stations and limited to a maximum of 300 square feet. No sales of alcohol are permitted. See CMC § 17.14.040(D)(2) and (J)(2).

L-3: Any establishments with activities generating noise, odors, deliveries by large vehicles, high traffic by customers, or requiring large storage needs are not permitted.

L-4: Limited to offices for the following categories: operators of nonresidential buildings, apartment buildings, dwellings, real estate agents and managers, and title companies.

L-5: Limited to sites that are already developed with a single-family dwelling, or that were originally developed as, or used as, a single-family dwelling but have since been converted to another use. Existing single-family dwellings can be maintained, altered, repaired and/or redeveloped. R-1 district floor area ratio standards shall apply to these sites.

L-6: Subject to the same regulations as apply to other family residential dwellings in the same zone.

L-7: Limited to permits approved prior to the adoption of Ordinance 2019-03.

L-8: Limited to transient rental units approved through the issuance of a conditional use permit as an incentive for the creation of new housing units. See CMC § 17.14.040(W)(2)(b).

Notes:
* All uses are subject to CMC § 17.14.040(A) and (B).

(Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004; Ord. 2012-01 (Exh. A), 2012; Ord. 2012-07 (Exh. A), 2012; Ord. 2016-02 § 6, 2016; Ord. 2016-04 § 6, 2016; Ord. 2017-01 § 1 (Exh. A), 2017; Ord. 2019-03 § 1 (Exh. A), 2020; Ord. 2023-06 § 3, 2023)

§ 17.14.040 Additional Use Regulations.

All Uses.

No new structure or modification to an existing structure shall be permitted nor shall any business license be issued that would allow the creation of publicly accessible retail space occupying fewer than 200 square feet or more than 5,000 square feet unless approved through a use permit and pursuant to the adoption of findings per CMC § 17.64.200, Retail Space of Less Than 200 Square Feet or Greater Than 5,000 Square Feet.

No timeshare uses or fractional interest uses shall be established or permitted in any zone.

Except in restaurants, not more than five persons in any one individually licensed business shall be engaged in the production, repair or manufacturing of goods.

No use shall be permitted and no process, equipment, or materials shall be employed which is found by the Planning Director or by the Planning Commission to be objectionable to persons residing or working in the vicinity by reason of odor, fumes, noise, vibration, illumination, glare, unsightliness, dust, cinders, dirt, refuse, water carried wastes or heavy truck traffic, or involve any hazard of fire or explosion.

Ancillary Uses. The following limitations shall apply to ancillary uses:

Ancillary uses shall be limited to no more than 10 percent of the floor area of the established primary use, and 10 percent of the window display area(s) unless otherwise specified in the notes to the use charts.

One ancillary use may be established in conjunction with a primary use when the ancillary use is identified as an allowed ancillary use for the primary use in the notes to the use charts appearing in this section (CMC § 17.14.040). Determinations of compatibility for other ancillary uses shall be made by the Director based on the North American Industrial Classification System (NAICS) Manual and the characteristics of the proposed use. Decisions on ancillary uses may be referred to the Planning Commission when, in the opinion of the Director, the classification or compatibility of a proposed ancillary use is unclear.

Requests for the establishment of more than one ancillary use with a primary use, or to establish one or more ancillary uses with a proportion of more than 10 percent of the primary use shall only be approved upon the granting of a use permit by the Planning Commission through the adoption of findings established in CMC § 17.64.060, Ancillary or Accessory Uses.

Animal Sales and Services.

Offices providing veterinary services to small pets only are allowed.

No overnight boarding of pets, except for emergency hospitalization needs, is allowed.

All animals in the custody of the business must be kept within buildings approved for such use, and constructed to control properly sound and odor connected with the keeping of animals.

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.

Motorcycles, Moped and Parts.

All merchandise must be contained within an enclosed building.

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.

This use may be combined with apparel, sporting goods, hobbies, toys and games.

Vehicle Service and Gasoline.

Minimum setback from R-1 district: 100 feet.

Maximum site size: 12,000 square feet.

Maximum number of driveways: two; provided, that together they do not exceed one-third of the frontage of any public street.

All equipment, operations and display of merchandise must be kept within an approved structure, except for those items directly required for the dispensing of gasoline, water, air and for the replenishment of oil.

The retail sale of food items is limited to a space not exceeding 300 square feet and is subject to the standards in subsection (J)(3)(a) and (b) of this section for a specialty food store.

Sales of auto supplies and home furnishings are prohibited in the RC district.

A gasoline service station may be combined with an automobile repair facility.

Design review is required; see Chapter 17.58 CMC, Design Review.

ATMs. Automated teller machines (ATMs) not enclosed within a building shall only be permitted when installed at a bank or savings institution as an ancillary use, unless approved as part of a specific or master plan. All ATMs are subject to specific lighting and signage standards.

Banks and Other Financial Institutions. The following uses are prohibited in the RC district: Federal credit agencies, savings and loan associations, and business credit institutions.

Building Materials, Hardware, and Garden Supplies.

All equipment, supplies and merchandise other than live plants and lumber must be kept within a completely enclosed structure.

All types of fertilizer or any chemicals must be stored in package form only.

Paint, glass and wallpaper stores are prohibited in the RC district.

Mobile home dealers are prohibited in all districts.

Commercial Recreation.

Astrologer, palm reader, phrenologist and fortuneteller uses can only occupy preexisting commercial spaces in the CC district located on the second floor above street grade in space that is not located on or within 100 feet of Ocean Avenue.

The following uses are prohibited: coin-operated amusement devices, amusement parks, bathhouses, bookies, bookmakers, gambling and gaming services, and off-track betting.

Eating and Drinking Establishments.

All Eating and Drinking Establishments.

The sale of nonfood merchandise that is directly related to the use may be allowed when determined to be incidental to the primary use. The display of nonfood merchandise shall be ancillary to the primary use.

Adequate facilities shall be provided on the site for the closed storage of trash and garbage generated by the use. The on-site storage shall be designed so that the area can be cleaned and the refuse removed without creating a public nuisance and without being placed on the sidewalks or other public ways. If the method of cooking used will generate hot ashes, a storage facility and disposal method shall first be approved by the Fire Department.

At least one restroom shall be available for use by both sexes within, or conveniently adjacent to, the specific business premises and on the same property on which the use is located. This restroom shall comply with all provisions of the State Uniform Building and Plumbing Codes as to the required size, location and accessibility standards, and shall be available for use by both the employees and patrons of the business.

Drinking Places.

Minimum distance from another use selling distilled spirits intended for either on-site or off-site consumption: 200 feet.

Allowable locations: blocks numbered 70 through 77 inclusive, as shown on the map of Carmel-by-the-Sea.

Maximum number: three. See also Chapter 17.56 CMC, Restricted Commercial Uses.

See also subsection (I)(1) of this section, All Eating and Drinking Establishments.

Restaurant, Full Line.

Any sale of alcoholic beverages shall be subordinate to this primary use.

Drive-in, formula and fast food establishments are prohibited.

Substantially all foods from the standard menu shall be available for purchase during the hours that alcoholic beverages are being served.

The applications, menus and plans indicate that the business will primarily be a restaurant – full line, and that no more than 20 percent of the total number of seats are at a bar or in a separate bar room. If the use does not meet this standard, the standards in subsection (I)(2) of this section, Drinking Places, shall also apply to the use.

Customers shall be provided with individual menus while seated at a table or counter.

The maximum seating capacity shall not exceed the standards in the State Uniform Building and Fire Codes, the number of seats approved by the Planning Commission through public review, or the number of seats in the previous business, whichever is less. The seating capacity shall be posted on the premises.

Outside seating may be allowed subject to Chapter 17.58 CMC, Design Review.

Food sold for consumption off the premises shall be incidental to the primary use. Such food shall be placed in covered containers or wrappings, and all house-brand labeled food store goods such as vinegars, oils and salad dressings shall be prepackaged and sealed.

Maximum number of food stores and/or restaurants located within structures fronting on Ocean Avenue: 15. See also Chapter 17.56 CMC, Restricted Commercial Uses.

See also subsection (I)(1) of this section, All Eating and Drinking Establishments.

Outdoor cooking devices are permitted on private property if designed and located to mitigate impacts to adjacent properties.

Restaurant, Specialty (Coffee Shops, Ice Cream Parlor, Etc.).

Minimum size: 400 square feet.

Minimum number of customer seats on site: 14 seats. The customer seating area must be open to patron use during all hours of operation and the use must be managed to encourage on-premises consumption of food products.

Sales of soup, salads and sandwiches may be allowed in an amount up to 10 percent of sales.

The sale of alcohol is prohibited.

Drive-in, fast food, take-out or formula establishments are prohibited.

The service counter must be located within the interior of the business premises and arranged so that customers must first pass by or through the seating area to reach the counter and patron queues will be contained within the building.

Outside seating may be allowed, subject to Chapter 17.58 CMC, Design Review.

All products sold for consumption off the premises, other than frozen desserts, must be placed in covered containers or wrappings.

Cooking equipment is limited to indoor stoves and ovens.

Maximum number of food stores and/or restaurants located within structures fronting on Ocean Avenue allowed: 15. See also Chapter 17.56 CMC, Restricted Commercial Uses.

The operator of the use shall be responsible for the clean-up of all on-site and off-site litter generated by the use including twice-daily clean-up of all sidewalks and gutters within 50 feet of the storefront and twice-yearly steam cleaning of this area. A practical plan for monitoring and implementing this standard shall be submitted for review with the application for use permit, and will be adopted as a condition of approval of the use.

See also subsection (I)(1) of this section, All Eating and Drinking Establishments.

Food and Beverage Sales.

All Food and Beverage Sales.

Food Store, Full Line.

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

A delicatessen providing a broad range of bulk specialty items primarily for home or workplace consumption such as breads, cheeses, meats, prepared salads, dried goods, and limited take-out food such as sandwiches and salads may be allowed as an incidental use. Cooking equipment shall be limited to indoor stoves, ovens and outdoor grills.

A maximum of 12 seats may be provided indoors or outdoors on the site.

Maximum number of food stores and/or restaurants located within structures fronting on Ocean Avenue: 15. See also Chapter 17.56 CMC, Restricted Commercial Uses.

See also subsection (J)(1) of this section, All Food and Beverage Sales.

Food Store, Specialty.

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

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

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

Maximum number of food stores and/or restaurants within structures fronting on Ocean Avenue: 15. See also Chapter 17.56 CMC, Restricted Commercial Uses.

See also subsection (J)(1) of this section, All Food and Beverage Sales.

A maximum of 12 seats may be provided indoors or outdoors on the site.

Cooking equipment shall be limited to indoor stoves and ovens.

Liquor.

All food merchandise sold must be pre-packaged items only and not occupy more than 10 percent of the retail or window display area.

Minimum distance from another use selling distilled spirits intended for either on-site or off-site consumption: 200 feet.

Minimum distance from an R-1 district: 100 feet.

In the RC district, liquor sales are limited to off sale beer and wine and only as an accessory use in a full-line food store.

See also subsection (J)(1) of this section, All Food and Beverage Sales.

Wine Tasting Shop.

Shall meet the standards of the City's adopted wine tasting room policy (Resolution 2015-020).

Minimum distance from another use selling distilled spirits intended for either on-site or off-site consumption: 200 feet.

Minimum distance from an R-1 district: 100 feet.

Permitted in the CC and SC districts with the issuance of a conditional use permit.

Handicraft/Custom Manufacturing.

Only small-scale craft or artisan-oriented production of goods is allowed.

Maximum number of employees: five.

Hospitals and Clinics. Hospitals and medical and dental labs are prohibited in the RC district.

Hotels and Motels.

Hotels and motels may include minor accessory uses such as light meals and refreshments for guests only, with or without separate remuneration. If such accessory uses are available to the general public, they must be allowed uses within the underlying land use district and must meet all design, parking and land use regulations established for the use.

Special findings are required for use permit approval of this use (see Chapter 17.64 CMC, Findings Required for Permits and Approvals).

Limited to hotels, motels and inns established as of April 1988 and additional units are prohibited except as provided in Chapter 17.56 CMC, Restricted Commercial Uses.

Multifamily Dwellings.

Condominium subdivisions are limited to:

Sites of 4,000 square feet or less; and

Projects incorporating an equal or greater number of rental apartment units for sites larger than 4,000 square feet.

The minimum size of any residential unit shall be 400 square feet.

All multifamily projects of three or more units shall include a mix of unit sizes, and at least 25 percent of all units shall be 400 to 650 square feet in size.

For two-unit residential developments, the floor area of the smaller unit shall be at least 40 percent of the size of the larger unit.

No new residential units are permitted on the first story of any building in the CC district if the units would front directly on a public street unless the building was originally developed as, or used as, a single-family dwelling but has since been converted to another use.

Office, Other. No on-site printing or facilities for delivery or distribution of bulk materials or media products or equipment are permitted.

Parking Facilities, Commercial. Short-term or long-term commercial parking available to the general public for a fee must have a lot attendant and signage that describes the parking fees.

Personal Improvement Services.

Dance Studio.

An acoustical analysis must be submitted with the application and noise attenuation measures shall be required as a condition of approval to protect the health and general welfare of nearby residential land uses.

The use cannot be operated after 9:00 p.m.

Personal Services. Under this classification, the following specific uses are prohibited in all districts: spas, health clubs, massage parlors, steam baths, tattoo parlors, Turkish baths, wedding chapels, and funeral services. The following additional regulations apply to laundry and dry cleaning and to video tape rental.

Laundry and Dry Cleaning.

Only one synthetic dry cleaning machine using nonflammable and nonexplosive solvents and having a capacity of not more than 40 pounds per cycle is allowed.

Low water use fixtures are required.

Video Rental. In the CC and SC districts only, video tape rental may be combined with bookstores, camera and photo supply, stores, grocery stores, consumer electronics, sales records and tapes, and drug stores.

Research and Development Testing Services.

The use cannot expose employees or the public to hazardous materials or hazardous conditions.

Materials and wastes generated by the use must be disposed of in a manner that will not be injurious to public health, safety or welfare.

Retail Sales. No discount stores, manufacturers' outlet stores, catalog stores, or stores devoting more than 15 percent to the sale of second-quality, irregular or discontinued merchandise or to the liquidation of merchants' or manufacturers' stock shall be established. All retail sales shall be conducted from within a fixed place of business.

Antiques.

Antiques must be old or rare. The age of the merchandise will depend on the type of merchandise.

Merchandise considered collectibles may be allowed to occupy up to 10 percent of the total retail display area including window displays.

Art objects or jewelry may be allowed to occupy up to 10 percent of the total retail display area, including window displays.

Apparel.

The use is limited to retail stores selling new clothing and related articles for personal wear and adornment.

The use shall not allow more than 10 percent of all stock, retail or window display area devoted to jewelry.

The use shall not allow more than 10 percent of all stock or retail display area to be devoted to souvenir merchandise bearing words or images representing local place names or other visitor destinations, local events or local personalities. No display of souvenir merchandise is permitted in any exterior window or door/doorway.

This use may be combined with shoe stores.

Art Galleries. The use must meet at least one of the following standards:

The use features a single artist representing at least 80 percent of the art for sale in the use; or

The use includes a working studio that is utilized for art production by artists represented in the gallery for over half the hours the use is open.

Arts and Crafts.

The use sells handcrafted merchandise for home decoration and/or furnishings within one or more of the following categories: pottery, glass, fabric, paper, wood, fiber or ceramics.

The merchandise must represent unique, artisan-produced items rather than machine or mass-produced goods.

The proposed merchandise must have functional and/or decorative use and not be classified as fine art.

Art and/or jewelry must not occupy more than 10 percent of the display area.

Bookstore. Sales of souvenir-related books and maps bearing local place names shall be allowed as an ancillary use in an amount up to 10 percent of total sales within a bookstore.

Catalog and Mail Order.

The use is limited to an accessory use in conjunction with a primary retail outlet in the CC and SC land use districts.

Offices of mail order houses or catalog order stores with no retail outlet are allowed in the RC district.

Clock Shops.

The use is limited to those shops offering predominantly clocks and similar timepieces and that do not display or sell jewelry.

Stores that predominantly sell watches are classified as jewelry and subject to the standards of subsection (T)(10) of this section, Jewelry Shops.

Holiday Decoration Stores.

This use may be combined with home furnishing stores.

No exterior display of any holiday decoration merchandise for sale is allowed.

Home Furniture, Furnishings and Equipment.

On sites in the SC district, on-site parking and space for unloading of delivery trucks must be provided or merchandise must be limited to items delivered in small vans or private automobiles.

This use may be combined with any of the following uses in the CC and SC districts: building materials, hardware and garden supplies, or holiday decorations stores.

10.

Jewelry Shops.

The use must provide a full line of jewelry merchandise.

An area of at least 10 percent of the total floor area of the business premises must be utilized and maintained for the purpose of manufacturing and repair of jewelry.

A craftsperson/jeweler shall be on the business premises for consultation; and available for design, repair and craftwork for at least one-half of the hours in which the store is open for business.

Maximum number of jewelry stores: 32. This limitation shall not apply to clock shops that do not sell or display jewelry. See also Chapter 17.56 CMC, Restricted Commercial Uses.

11.

Merchandise Marts. Merchandise marts, as defined in this code, shall require a use permit, shall be subject to design review, and shall be governed by the findings established in CMC § 17.64.110, Merchandise Marts. The following conditions shall also apply:

Public entrances to each business location shall be from a common space accessible from the public way, the area of such common space to be at least five percent of the total floor area of the building or space for each separate business location, and none of the business locations shall infringe on such common open space. The common shall be dedicated to the free circulation of the public and will not include stairways, restrooms, storage spaces, or areas not accessible to the public.

Each business location shall have a permanent ceiling.

Each business location shall be separated from the common area by permanent walls, doors, and windows.

Each business location shall be separated from each other business location by permanent walls, and/or doors.

All merchandise marts shall be subject to sign regulations in Chapter 17.40 CMC, Signs, (with the standards of CMC § 17.40.040, Commercial Interior Signs, being measured from the perimeter of the common open space).

Common open space within the building or space shall not be used for the display of merchandise.

At least four percent of the required common open space shall be used for landscaping.

12.

Musical Instruments. This use may be combined with sales of records and tapes.

13.

Souvenirs.

This use is allowed only within other primary uses as an ancillary use, with display space limited to 10 percent of the interior retail display area. When established as an ancillary use, no display of souvenir merchandise is allowed in any exterior window, door, or doorway.

The type of goods sold under this category shall be related to, and compatible with, the primary use.

14.

Sporting Goods, Bicycles, Hobbies, Toys and Games.

All merchandise must be contained within an enclosed building.

These uses may be combined with each other, apparel stores and with sales of motorcycles, mopeds.

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.

Uses that include bicycle rentals require the issuance of a conditional use permit.

15.

Stationery Stores. In the RC district, stationery stores are limited to uses providing a full range of paper products, office forms, office supplies, stationery, pens, pencils and writing supplies.

16.

Used Merchandise.

The used merchandise must be sold for nonprofit purposes or as used books in a bookstore.

Used merchandise cannot include automotive supplies and equipment, and building materials.

Antiques, jewelry or art cannot occupy more than 10 percent of the total display area for used merchandise, including window displays.

17.

Vending Machines.

Only machines not visible from any public right-of-way and fully contained within an enclosed structure are allowed.

Maximum number of machines within a place of business: two.

18.

Cosmetic Stores.

All merchandise and activity shall be contained within an enclosed shop or business space.

Permitted in the CC and SC districts with the issuance of a conditional use permit.

Sales by Public Outcry (Auctions).

Location. Requires a conditional use permit, limited to the RC and SC districts.

Use Permit Requirements. In each case where a conditional use permit is issued for sales by public outcry, in addition to such other conditions imposed determined to be appropriate the following conditions shall be stated upon the face of the permit:

The maximum capacity of customers for any one period of operation shall not be more than 50 persons;

Fixed permanent seats shall be provided for the maximum number of customers established in subsection (U)(2)(a) of this section;

The sales area shall be set apart or screened in order to prevent the selling activity from being seen or heard by persons outside the structure.

Travel Services.

Only office uses are allowed.

No storage of equipment, building materials or vehicles is permitted.

Transient Rentals. With the exception of lawfully permitted hotels, motels and transient rentals, transient lodging of residential dwellings for remuneration is prohibited in the CC, SC and RC districts. Permitted transient rentals are limited to the following:

Transient Rental, Legal Nonconforming. Transient rental units permitted prior to the effective date of Ordinance 2019-03 are classified as a legal nonconforming use as defined in CMC § 17.68.090. Transient rental permits are allowed in perpetuity and the six-month abandonment provisions contained in Chapter 17.36 CMC shall not apply.

Transient Rental, Housing Incentive. Transient rental units are permitted in the CC, SC, RC and R-4 districts as an incentive for the creation of new rental housing units. One transient rental unit is permitted for the creation of three new rental units; one of the new units on the site shall be rented as "low income" and the second unit shall be rented as "moderate income" as defined in CMC § 17.70.020. The third rental unit may be rented at market rate.

Rental units created through this incentive program are subject to the density provisions identified in CMC § 17.14.030.

Two of the rental units must be a minimum of 650 square feet in size.

The transient rental may be located at the same site as the three new rental units, or elsewhere within the CC, SC, RC or R-4 district.

Transient rentals permitted as an incentive require the issuance of a conditional use permit, must be maintained at the original site of approval, and are not classified as legal nonconforming as defined in CMC § 17.68.090.

Transient rentals require one off-street parking space per unit in all districts.

(Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004; Ord. 2010-02 (Exh. A), 2010; Ord. 2012-07 (Exh. A), 2012; Ord. 2016-03 § 3, 2016; Ord. 2017-01 § 1 (Exh. A), 2017; Ord. 2017-03 § 1 (Exh. A), 2017; Ord. 2019-03 § 1 (Exh. A), 2020; Ord. 2022-07 § 2(1), 2023)

§ 17.14.050 Regulations Applied in All Commercial Districts.

No existing residential dwelling unit shall be converted or demolished unless replacement housing is provided in accordance with findings established in CMC § 17.64.070, Demolition and Conversion of Residential Structures.

Any change in use that modifies the findings and conditions upon which a use permit was granted shall be a basis for revocation of, or amendment to, the use permit.

The decision to grant a use permit shall require three affirmative votes of the City Council or Planning Commission.

Conditionally permitted uses operating without a use permit that existed prior to the adoption of this code, and conditionally permitted uses operating with a use permit approved under standards or findings that have been amended since the permit was granted, shall be reviewed at the time the use changes ownership. The form and purpose of this review shall be limited to:

Granting a new use permit at a public hearing when the use is determined to meet all current standards for approval; or

When the Director determines that a conforming use permit cannot be approved, this process shall be limited to an administrative review and documentation to establish the characteristics of the use, including those listed below, as a matter of public record, to ensure that the use is not altered through the passage of time and successive ownerships. The following shall be documented:

Define the use by its NAICS including any subclassifications or special characteristics;

Define the size, capacity, hours of operation, and floor area of the use;

Identify all nonconformities associated with the use and the structure within which it is located;

Identify the characteristics of the use including but not limited to its compliance with general development regulations in CMC § 17.14.040(A) and (B);

Identify any standards, required findings and/or standard or special conditions of approval, applicable to the use, to which the use conforms.

Any construction resulting in a net increase in the amount of commercial floor area shall require a conditional use permit and coastal development permit authorizing such increase. Prior to authorizing such increase, the Planning Commission shall make all findings listed in CMC § 17.64.100, Increase in Commercial Floor Area, Commercial Spaces or Business. The decision-making body may approve plans submitted or may approve such plans subject to specified changes or conditions.

Except as provided for legally established motel units in CMC § 17.14.040(M), Hotels and Motels, all newly constructed second story floor area, including area in new buildings, remodeled buildings and replacement, rebuilt or reconstructed buildings, shall be occupied by residential dwellings only and shall not be used for any commercial land use, except as follows:

Existing floor area established at any level above the first story at or near street grade may continue to be used for occupancy by commercial land uses except for those limited to the first story by CMC § 17.12.030, Demolition and Rebuilding of Structures.

When such existing commercial space is currently occupied by a retail use, the use may be replaced by another retail use, service use or residential use allowed within the underlying land use district.

When such existing space is occupied by a service use, only service or residential uses shall be allowed as a replacement use.

No existing residential dwelling unit occupying floor space at any level above the first story in any structure shall be converted to any commercial use.

For uses in the RC land use district or located on any property within 300 feet of an R-1 land use district the following standards shall apply:

No activity shall be permitted that generates noise in excess of 55 dB at the exterior of the building or yard in which the use is conducted. No activity shall be permitted that causes in excess of 50 dB measured at the property line of any site in the vicinity of the use. Proposed activities that would generate or cause noise in excess of these levels shall require mitigation to achieve these standards or shall be prohibited. Sound measurements shall be made using a sound level meter calibrated for the A-weighted scale and shall be averaged over a 15-minute period. If the use generates or causes noise which includes a steady whine, screech or hum, or is repetitive or percussive or contains music or speech the respective noise standards shall be reduced by five decibels.

Any activity requiring deliveries by vehicles wider than eight feet or vehicles of three axles or more shall provide off-street loading facilities adequate to avoid double parking on street. Such facilities shall be used to the extent feasible.

Proposed commercial uses that are estimated to generate more than 40 vehicle trips per day per 1,000 square feet of floor space, including but not limited to all retail uses, shall be prohibited from operating before 8:00 a.m. or after 8:00 p.m. All other commercial uses shall be prohibited from operating before 6:00 a.m. or after 9:00 p.m.

The Director of Community Planning and Building may authorize temporary uses to occur on private property not exceeding five consecutive days. Temporary uses exceeding five consecutive days shall be referred to the Planning Commission for a decision. Decisions on temporary use permits may be referred to the Planning Commission when, in the opinion of the Director, the use may be objectionable to persons residing or working in the vicinity. The Director shall authorize no more than four temporary uses per calendar year, per property. A temporary use is defined as an activity or event on private property that is limited in duration and is not expressly permitted by the underlying business license or conditional use permit.

(Ord. 2004-02 § 1, 2004; Ord. 2017-01 § 1 (Exh. A), 2017; Ord. 2004-01 § 1, 2004)

§ 17.14.060 Central Commercial (CC) District Regulations Applicable.

No building site shall exceed 8,000 square feet.

No off-street parking shall be required for apartments.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.070 Enclosed Structures Required for All Uses – Exceptions.

All uses in all districts shall be conducted within a completely enclosed building except for:

Restaurants;

Off-street parking and loading areas;

Plant nurseries;

Christmas tree sales lots;

Service stations;

Bus depots and transit stations;

Taxi stands;

Storage of building materials and supplies in the RC district;

Sales of arts and handicrafts, sales of baked goods or other comestibles, and ticket, book and garden material sales by a use permit granted by the Planning Commission under Chapter 17.52 CMC, Permit Procedures. Temporary permission may be granted by the Director for sales that meet the criteria set forth in CMC § 17.52.100(I), Temporary Event, not to exceed 30 days in a single calendar year; and

10.

Automated teller machines installed at a bank or savings institution as an ancillary use when:

Approved with a use permit and subject to design review by the Planning Commission; and

Located within a recess, courtyard, vestibule, parking area or other location that avoids queuing on any public way or sidewalk while maintaining public safety; and

Designed to minimize light intensity visible from any public street while also minimizing atmospheric light pollution; and

Designed using only incandescent, halogen or high-pressure sodium fixtures that prevent direct view of the light source from any public street or right-of-way through cut-offs, recessed mounts or similar means; and

Designed to blend in with the architecture of the building using colors, materials and detailing compatible with adjacent wall surfaces; and

Designed to avoid any internally illuminated signs, back-lighted signs or cabinet signs and with no more than 100 square inches of ATM-related signage; and

The site design avoids lighting of any publicly maintained sidewalk, street or pathway beyond a 10-foot radius of an ATM and the approved design plans include scaled, photometric analysis that can be field-verified upon installation.

Any enclosed use must be a permitted or conditional use within the district in which such use takes place. Within the RC district only, the required enclosed structure may be substituted for by adequate fencing or screening for the concealment of stored machinery, products or other items, when such substitution is authorized by the Planning Commission.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.080 Site Area for Multiple Dwellings.

Each site used for apartments and condominiums shall have an area of land not less than the amount required to meet the allowed density established in CMC § 17.12.020, Site Development and Building Standards. In mixed-use projects, wherein apartments are constructed above a commercial use, the land area required for the apartments shall not be deducted when computing the allowable area for establishing the commercial use.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.090 Findings – Applicability of Provisions.

The City affirms its 1929 statement that it is essentially and predominantly a residential city with a unique commercial and multifamily residential area noted for its village character. This character arises from the variety in building designs and their modest scale, from the prevalence of contiguous street facades punctuated by frequent courtyards, and from the employment of open space and landscaping as a setting for the mix of apartments and shops within the commercial district.

Most structures built prior to 1940 consist of two-story reinforced concrete or wood frame buildings in a variety of architectural styles. The oldest buildings in the district, although remodeled, retain features associated with the Italianate and other commercial styles typical of the late nineteenth and early twentieth century American "Main Street" vernacular. These include second story bay windows, double-hung sash windows, remnants of board and batten and tongue and groove siding, quoins, and paneled and glazed doors. However, it was the construction that took place under the influence of the Spanish Colonial and Tudor architectural revivals of the 1920s that left the most lasting imprint on the character of the business district. Tudor motifs of half-timbering, grouped rectangular windows, ornate brick work, oriel and bay windows, and complex roofs with multiple gables are interspersed among the Spanish stylistic trademarks of plaster exteriors and tiled roofs, of arcades, of ornate wrought iron and carved wood detailing, of colorful glazed tile for staircase risers, for dados, fountains, planters, and backsplashes, and for patios and courtyards.

This tradition of architectural diversity enhances the character of the commercial district and adds a lively sense of history to Carmel's village ambiance. Designs for new buildings and modifications to existing buildings should respect this tradition and historical context. The City has consciously chosen architectural eclecticism and encourages originality and invention so long as the results encompass the unifying values of human scale and the use of natural materials and their role in preserving village character.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.100 Design Review and the Basic Review Standard.

In order to protect the unique qualities and characteristics of the central commercial (CC), service commercial (SC) and residential and limited commercial (RC) districts all exterior design changes are subject to site plan and architectural approval as prescribed in Chapter 17.58 CMC, Design Review. The basic standard of review in the commercial district is whether the project constitutes an improvement over existing conditions – not whether the project just meets minimum standards.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.110 Standard of Review and Design Guidelines.

To assist in the design and review process, the City Council has adopted commercial design guidelines. Proposed projects need not strictly comply with every guideline to be approved but deviations should be minor and reasonably related to good design principles and site conditions. When a proposed project involves construction of a new building or the replacement, significant enlargement, or modification of an existing building, applicants are encouraged, first, to consult the design guidelines and then to prepare and submit conceptual or preliminary drawings for review by the Planning Commission. This preliminary review can promote communication between project applicants and the City's staff and decision-makers, facilitating an understanding of applicable design regulations and avoiding unnecessary expenditures in detailed plans. Development of single-family residences in the RC district shall be consistent with the standards and criteria identified in Chapter 17.10 CMC, R-1 District Design Regulations. (Amended during 8/09 update; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

§ 17.14.120 Maximum Building Site Area.

The maximum land area used as a single building site in the CC district is 8,000 square feet, in the SC district is 12,000 square feet and in the RC district is 32,000 square feet. Development of a parcel larger than these limits requires that the land area be broken up into two or more distinctly different developments to avoid the appearance of a single large project and to maintain the small scale and village character of the City.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.130 Building Coverage.

Building coverage is defined as the total ground area of a site occupied by any building or structure as measured from the outside of its surrounding external walls or supporting members. Building coverage includes exterior structures such as stairs, arcades, bridges, permanent structural elements protruding from buildings such as overhanging balconies, oriel windows, stories which overhang a ground level story, and covered carports.

Excluded from building coverage are roof eaves extending less than 30 inches from the face of the building, awnings or covered entryways and masonry walls not greater than six feet in height such as wing-walls, planter walls or grade-separation retaining walls. All site area not counted as building coverage shall be considered open space.

CC and SC Districts. Building coverage in the CC and SC districts shall be limited to 80 percent of the site for designs that fully implement Commercial Guidelines III-A. Exceptions may be granted up to a maximum building coverage of 95 percent. No existing courtyard or intra-block walkway shall be removed. This prohibition will reduce the amount of allowable building coverage on some sites.

RC District. The maximum allowable building coverage in the RC district shall not exceed 70 percent of the total site area if the land area is 4,000 square feet or less. If the land area is more than 4,000 square feet, the allowable building coverage shall be reduced by one percent for each additional 2,000 square feet of site area. (For example, the allowable building coverage on a 6,000 square foot site equals 69 percent of the total site area.)

Build-To Line. Within the CC and SC districts the street-facing, ground-level facade of each building shall be established on the property line or within two feet of this line for at least 70 percent of each street frontage of the building. Exceptions to this requirement are allowed for entrances to intra-block walkways or courtyards. The remaining 30 percent or less of the building not constructed at the build-to line shall be used for recessed shop entries, landscaping, building articulation or driveways. For additional guidance regarding the build-to line, please see Commercial Design Guidelines III-A (3), (5) and (6) and III-B(4)(5) found in Appendix E[1] to this title.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

[1]

Code reviser's note: The appendices to this title are published under separate cover and available for public review and examination in the office of the city clerk.

§ 17.14.140 Floor Area Ratio.

Floor area ratio equals the floor area divided by site area. Floor area is defined as the total combined area included within the surrounding exterior walls of all floor levels. Floor area includes all floor spaces used for commercial, manufacturing, residential and miscellaneous land uses including space occupied by mezzanine floors, interior walkways, storage areas above ground, hallways, restrooms, and both interior and exterior wall thicknesses.

Excluded from floor area are the following: underground floor space within a basement, cellar or underground garage when not used for commercial purposes. Also excluded are: underground areas for noncommercial storage or parking and mechanical spaces within a building limited to vent, duct and piping shafts, and mechanical equipment rooms of the minimum size required by the building code.

Central Commercial and Service Commercial Districts. The basic floor area ratio allowed for one-story buildings in the CC and SC districts shall be 95 percent of the site area and for two-story buildings shall be 135 percent of the site area. In addition to the basic floor area ratio, two-story buildings may qualify for a maximum 15 percent bonus, which allows a floor area ratio up to 150 percent of the site area.

Residential and Limited Commercial Districts. The basic floor area ratio allowed for one-story buildings in the RC district shall be 70 percent of the site area and for two-story buildings shall be 80 percent. In addition to the basic floor area ratio two-story buildings may qualify for a bonus of up to 15 percent, which allows a floor area ratio of up to 95 percent of the site area.

Maximum Floor Area. No single structure shall contain more than 10,000 square feet of floor area. Interaccessibility between adjacent structures on one or more building sites by any means that allows passage between structures without first exiting to an open space area shall not be allowed if the resulting floor area contained within the combined structures would exceed 10,000 square feet of area.

Floor Area Bonus.

Affordable Housing Bonuses. A floor area bonus may be granted for projects in all commercial districts and the R-4 districts in the following instances:

Moderate Income. Up to five percent for projects if at least 25 percent of the units in a housing project are reserved for persons of moderate income as defined in Chapter 17.70 CMC.

Low Income. Up to 10 percent for projects if at least 20 percent of the units in a housing project are reserved for persons of low income as defined in Chapter 17.70 CMC.

Very Low Income. Up to 15 percent for projects if at least 10 percent of the units in a housing project are reserved for persons of very low income as defined in Chapter 17.70 CMC.

Approval of such projects is subject to findings in CMC § 17.64.190, Residential Construction at Densities Between 33 and 44 Units Per Acre.

Courtyards and Intra-Block Walkways Bonuses. A floor area bonus of up to 10 percent may be granted for projects that include a courtyard and/or intra-block walkway.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2009-02, 2009)

§ 17.14.150 Building Height.

Height shall be measured from the more restrictive of existing or finished grade. Height limits established in this chapter shall be measured as the vertical distance between any point on the grade of a building site and the highest point of any structure directly above that point on grade.

No building shall have more than two stories above grade. Additional underground floors, not defined as a story, may be authorized by a use permit approved by the Planning Commission when the use of these floors is expressly limited to the parking of vehicles, noncommercial storage and mechanical equipment serving the building.

The allowable maximum building height shall be determined primarily by the design context established by the prevailing heights of nearby structures facing the same street or intersection and within the same pedestrian field of view (i.e., generally, within 100 feet to either side of, or across the street from the proposed structure). In the CC and SC districts the main building and roof form of all structures shall be limited to a maximum of 30 feet. In the RC and R-4 districts the main building and roof form of all structures shall be limited to a maximum of 26 feet. Small areas not exceeding 10 percent of the proposed building coverage and occupied by special design features such as towers, steeples and ornamentation may exceed these heights if approved by the Planning Commission.

Building sites which face, abut or adjoin any property in the R-1 district shall be limited to a height of 24 feet.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.160 Setbacks in the RC and R-4 Districts.

The front setback shall be measured from the property line adjacent to the street fronting the property. The rear setback shall be measured from the property line most directly opposite the front. All other property lines shall be considered sidelines. On corner lots with two street frontages the shortest frontage shall be considered the front, regardless of where the driveway or front entry are located.

Sites abutting or across the street from an R‑4 or RC district require a front setback of at least five feet. Sites abutting or across the street from an R-1 district require a front setback of at least seven and one-half feet. Sites in other locations do not require a front setback.

Sites abutting an R-1 or R-4 district require a rear setback of 10 feet. Sites in other locations do not require a rear setback.

Sites abutting an R-4 or RC district require a side yard setback of at least five feet along at least 50 percent of each side property line. The remaining 50 percent requires no setback unless the side faces a public street. Any site abutting an R-1 district requires a setback of five feet along the entire side yard.

Setbacks required by this section shall be used primarily for landscaping.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.170 Open Space Courtyards and Intra-Block Walkways.

Open space is an open area that is free of structures and is visually accessible from public ways or walkways.

A courtyard is an open space on private property that is linked to an adjoining sidewalk or walkway in such a manner as to encourage public access. It must be enclosed on at least two sides by buildings and must remain open to the sky. To qualify for floor area bonus provisions the minimum width of a courtyard shall be 20 feet and the minimum area shall be 400 square feet.

An intra-block walkway is a publicly accessible ground level pedestrian path providing a connecting route between two or more different streets around a block. Such walkways are often coordinated with courtyards and may involve more than one property ownership to complete. To qualify for floor area bonus provisions the minimum width of an intra-block walkway shall be four feet.

Existing courtyards and intra-block walkways are to be conserved as an essential element of the City's design character and shall not be removed. All proposals to alter the size, location or configuration of a courtyard or intra-block walkway require review by the Planning Commission. Generally, such changes shall be approved only if the Commission finds that the proposed change would be an improvement over existing conditions such as improving public access, allowing for creation of a new or better link with courtyards or walkways nearby or eliminating a safety hazard.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.180 Landscaping.

Landscaping shall be provided in conjunction with development in commercial zoning districts in accordance with Chapter 17.34 CMC, Landscaping.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.190 Public Improvements.

Development projects involving substantial new or replacement construction shall include improvements in the public right-of-way adjacent to the building site to coordinate the design of the development with the design of City streets, sidewalks, walkways and infrastructure improvements and to enhance the overall appearance of the community. (See Policy and Standards for Public Way Design).

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.200 Parking Requirements.

Surface parking, parking structures and driveways design shall be consistent with the provisions of Chapter 17.38 CMC, Off-Street Parking Requirements. In order to preserve the village character and pedestrian orientation of the downtown core, on-site parking within 200 feet of Ocean Avenue shall be prohibited and no site alteration shall be allowed that includes additional driveways, surface parking spaces or underground spaces within this area. Parking requirements on sites where parking is prohibited shall be satisfied through the payment of fees in-lieu of on-site parking as established in Chapter 17.38 CMC, Off-Street Parking Requirements.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.210 Parking Design.

The following standards shall apply to all surface and underground parking designs:

The minimum size for all surface and underground parking shall be nine feet by 20 feet for standard spaces and eight and one-half feet by 16 feet for compact spaces.

For all parking designs with parking spaces perpendicular to vehicle travel lanes, a minimum of 20 feet shall be provided for automobile back-up room behind standard spaces and 18 feet behind compact spaces. Designs shall minimize the need for multiple or complex turning movements. When angled parking is used, the minimum back-up room shall be that distance specified in the current edition of Architectural Graphic Standards.

Compact spaces may constitute 50 percent of the total required spaces. All spaces provided in excess of the minimum requirements may be compact spaces.

Driveways shall be located to preserve as much on-street curbside parking as possible. Driveways and other improvements on the property shall be designed for safe and unobstructed visibility of pedestrians and automobile traffic both on and off the site.

The following standards apply to the design of surface parking in addition to those required by subsections (A), (B), (C), and (D) of this section.

Surface parking spaces shall not be constructed within required set back areas in the RC district. Portions of rear or side setback areas may be used for back-up movements as long as the majority of the setback is landscaped.

The following standards apply to underground parking garages in addition to those required by subsections (A), (B), (C), and (D) of this section.

The maximum height of the finished floor level above an underground parking garage facing any public street, way, place or park, shall not be higher than five feet above the existing grade or the official street grade, whichever measurement results in the lower height.

Underground parking garages may be constructed within required setbacks if significant trees will not be removed or injured and the setback can still be effectively landscaped. Underground garage designs shall provide sufficient room around the perimeter to accommodate existing and new tree root systems for all trees required as part of the project.

The grade of driveways providing access to underground garages shall not exceed five percent in the first 10 feet of the driveway slope near the street or sidewalk and shall not exceed 10 percent in the last 10 feet near the level of the garage floor. The intervening grade shall not exceed 25 percent. Driveway designs shall provide sufficient area to allow drivers to view automobile and pedestrian traffic before merging into such traffic.

Garages shall be ventilated to avoid the build-up of exhaust gases. When mechanical ventilation is used, noise mitigation measure shall be incorporated such as low-noise fans, insulated ductwork and vibration absorbing mounting systems. Ducts shall not exhaust toward any building openings or open space on any adjoining property nor toward any on-site or off-site open space, pathway, street, place or park accessible to the public. Venting to the roof is generally preferred. Plans for underground garages shall be reviewed to ensure accessibility for Police and Fire Department personnel during emergencies. To the extent possible, utility meters, vaults and connections should be located within garages or driveways and away from pedestrian walking surfaces.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.220 Special Design Topics.

Facade Remodels. When facades are remodeled, the adopted commercial design guidelines shall be followed so that the basic design framework of the commercial district is conserved. On buildings where consistency of architectural character has been lost through past actions the preferred design solution is to restore or establish a consistent character. In general, each building should reflect a single type of architecture expressed through consistent use of fenestration, detailing, materials and textures, body color, trim color, awnings and roofs regardless of how many businesses occupy the building. The City strongly encourages the participation of both the property owner and tenant/applicant in the design review process to achieve this end. When plans for remodels are reviewed for approval, the reviewing body must find the following to be true:

The proposed modification contributes to, restores or achieves consistency of architectural character and scale when considering the building or courtyard as a whole.

The proposed modification does not incorporate materials, patterns or other design elements that would:

Call attention to the building.

Create a form of advertising or sign through architectural treatment.

Would render the storefront unusable by a different business occupant without further remodeling.

Create a standardized identification with a particular business use.

Roofing Materials.

Roofing materials shall be selected that are consistent with the design character of the buildings on which they are placed. Roofing materials should be consistent in color and composition on each roof plane of the building and on the roofs of each building within a single complex or courtyard.

All newly installed roofs shall be of noncombustible Class-A materials. Buildings determined by the City to qualify as historic resources may use fire treated wood roofing materials with a fire resistant underlayment assembly approved by the Building Official to meet standards for historic rehabilitation.

The Planning Commission may, by resolution, establish a palette of pre-approved roofing materials that shall be used for administrative design review.

For existing roofs that do not comply with City design standards, repairs may be made using materials that match the existing roof if no more than 25 percent of the roof area is replaced on the building within any 12-month period. If the roof area replaced exceeds 25 percent of the total roof area on a building the work shall be considered a replacement and shall meet all current design standards.

Concealment of Rooftop Equipment.

Design Review. Rooftop mechanical equipment such as, but not limited to, heating, cooling and ventilation system equipment shall be concealed from public view. When visible, the enclosures and location of such equipment are subject to design review. Existing rooftop mechanical equipment shall be concealed or relocated out of view whenever a roof is replaced as defined in subsection (B)(4) of this section and when equipment is upgraded or replaced to any extent that requires issuance of a building permit.

Standards for Review. Rooftop mechanical equipment shall be restricted or shielded from view from the public right-of-way and from adjoining structures by one or more of the following means:

Located on a portion of the rooftop that is not visible to the public.

Located behind roof forms, parapets or screens that are compatible with the architectural character of the structure.

Design Regulations for Exterior Seating Associated with a Restaurant. The following standards shall be used in reviewing proposals for exterior restaurant seating:

The proposal shall not result in a net increase in seating capacity.

The seating area shall not occupy more than 10 percent of the site area nor more than 30 percent of any courtyard.

The area in which the seating is proposed shall be fully contained on private property and shall not interfere with automobile or pedestrian traffic on any public right-of-way or through any intra-block walkway.

The seating area shall be demarcated by landscaping or other site features to clearly define its outer boundaries. The boundaries shall be established to preserve a sense of openness and ease of access for pedestrian traffic. (See Appendix E[1]: Commercial Design Guidelines).

[1]

Code reviser's note: The appendices to this title are published under separate cover and available for public review and examination in the office of the city clerk.

Outdoor seating areas which allow visual contact and incidental communication between patrons and passersby are encouraged.

Physical structures that enhance comfort such as windscreens, heaters, and exterior lighting shall be shielded from view from the public right-of-way and from intra-block walkways or shall be designed to be architecturally compatible with the village character and the adjacent buildings. (See Appendix E: Commercial Design Guidelines.)

Hours of service to outside seating areas shall be regulated through appropriate conditions of approval to prevent impacts on uses in the vicinity.

Standards for Display Cases. Except as otherwise provided in CMC § 17.40.030, Commercial District Signage, for restaurant menu boxes, a display case shall meet the following standards and criteria:

The size and scale shall be appropriate to the surroundings and shall be designed and fabricated so as to be compatible with surrounding architecture.

It shall contain no more than one sign not exceeding 0.18 square feet in area (except for a menu sign) which serves to identify the owner of the display case and directs the public to the store where the merchandise is sold.

It shall be located on the same property as the business or courtyard to which the display case applies and shall not impede the flow of pedestrian movement.

It shall contain merchandise which is representative of products for sale in the business premises, excluding display of wares of another business elsewhere or merchandise not available in the store to which the display case applies.

Antennas. All antenna installations must be reviewed and approved through the commercial design review procedures. Except as provided in Chapter 17.46 CMC, Telecommunications and Wireless Facilities, antennas located in any commercial land use district shall conform to the following standards:

All ground-mounted antennas shall be required to maintain their supporting structures at least three feet from any property line.

All ground-mounted antennas shall be screened by walls, color, fences or landscaping. Landscaping shall be of a type and variety capable of growing within one year to a landscape screen, which obscures the visibility of the antenna. The landscaping plan shall be approved by the City Forester before it is implemented.

No part of any antenna shall be higher than the maximum height allowed in the underlying land use district.

A maximum of one antenna shall be allowed on a building site.

All roof-mounted antennas are prohibited except as provided in CMC § 17.46.030(B), general development standards.

Exterior Flags. The installation of national and State flags can be an attractive and patriotic addition to the community. However, inappropriate installations can create visual clutter and a poor design relationship with surrounding buildings and can obstruct commercial signage.

Each building site shall be authorized to install two flags.

Each flag shall be limited in size to 36 inches by 60 inches or smaller. Flags displayed flush against a vertical building surface are limited to 24 inches by 36 inches or smaller.

Flags shall be made of woven cloth, nylon or similar fabric. Flags shall be maintained in a clean, unmodified and untorn condition.

Each flag shall be mounted so as not to touch anything beneath it including the ground, floor, water, merchandise, building elements, vegetation or pedestrians. All portions of each flag shall maintain a minimum clearance of seven feet above any publicly accessible walkway.

Flags shall be mounted at a height not exceeding 18 feet above the nearest grade or adjacent walkway at any floor level. Flags mounted on a building shall not be higher than the adjacent roof eave at any point.

Flags shall not be placed where they would obstruct direct view of nearby business signs by pedestrians on adjacent sidewalks and walkways.

Flags shall be mounted in one of the following ways:

At an upward angle of at least 30 degrees from horizontal by a staff attached to a vertical building surface (wall, post, etc.) so as to allow the flag(s) to hang free; or

Flat against a wall or window of a building such that the short dimension of the flag forms a horizontal line and the long dimension of the flag hangs down vertically; or

From a freestanding pole of not more than 18 feet in height and of a natural color or painted in a nonmetallic and nonreflective color to blend with the hues found on adjacent buildings.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2023-06 § 3, 2023)

§ 17.14.230 Affordable Housing.

Affordable Housing Projects. Projects located in the residential and limited commercial (RC) and multifamily (R-4) districts that comply with the following requirements shall be eligible for, and subject to, the standards of this section:

The project includes no land uses other than residential housing; and

The project supplies at least three independent residential units; and

All residential housing units qualify as housing for low-income or very low-income individuals or families, as defined in Chapter 17.70 CMC; and

The project site is 8,000 square feet or less.

Review. Design review shall proceed pursuant to Chapter 17.58 CMC. All applications require the approval of a conditional use permit and design review by the Planning Commission. The basic standards for review shall be the standards of this section, including the standards contained in Chapter 17.12 CMC, this chapter, the City's adopted design guidelines, and the relationship of new construction with surrounding development. Projects or exceptions granted that involve substantial (major) alteration of historic resources shall require issuance of a determination of consistency with the Secretary of the Interior's standards by the Historic Resources Board.

Development Standards. New development shall comply with the standards applicable to the underlying zoning district of the site except as provided in this section. Due to the overall public benefit of affordable housing, the Planning Commission may allow exceptions to the following development standard in order to provide for increased flexibility in design:

Density (not to exceed 88 units per acre).

Special Requirements. For all projects that exceed five units, the following two amenities are required:

Laundry facility or facilities must be provided on site. This requirement can be met by a laundry facility shared in common or with individual facilities in each unit.

A common community room(s) totaling at least 250 square feet in size shall be provided on site.

Land Use Requirements. New developments which qualified the applicant for the award of the density bonus pursuant to this title shall be offered for rent at affordable rates as defined in Chapter 17.70 CMC, for a period of 30 years or longer if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. The City shall ensure continued affordability and protection of all low- and very low-income units via a written agreement, deed restriction, or housing easement granted to an appropriate public or quasi-public agency involved in affordable housing programs. Easements, agreements, or deed restrictions shall be approved prior to commencement of construction and recorded prior to sale or occupancy.

(Ord. 2007-03, 2007; Ord. 2009-02, 2009)

§ 17.14.240 Medical Marijuana.

Repealed by Ord. 2017-09.

(Ord. 2016-03 § 3, 2016)

§ 17.18.010 Purpose.

Natural Parklands and Preserves (P-1). The purpose of the natural parklands and preserves district is to preserve publicly owned park and beachlands for the benefit and enjoyment of present and future generations, and to prevent inharmonious use of such lands and prevent the destruction of the City's beautiful natural open spaces through inappropriate development. Uses permitted shall be limited to those that maintain the property in its natural state.

Improved Parklands (P-2). The purpose of the improved parklands district is to provide appropriately located areas for recreation and recreational facilities needed by the residents of the City and the surrounding area. Uses permitted shall be limited to those that are permitted in the P-1 district, in addition to facilities and structures devoted to public recreation, public use, governmental buildings and nonprofit buildings and uses.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.18.020 Districts Identified.

Properties zoned P-1 and P-2 shall be designated by the official zoning map of the City and adopted by ordinance by the City Council.

Park	Zone	Block	Lots
Mission Trails Nature Preserve	P-1	See Map
Pescadero Park	P-1	See Map
Carmel Beach	P-2	See Map
Forest Hill Park	P-2	12 + 155	All
Devendorf Park	P-2	6	All
Picadilly Park	P-2	75	18
First Murphy Park	P-2	73	15, 17, 19
Vista Lobos Park	P-2	37	3, 5, 7
Outlands	P-2	See Map

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.18.030 Land Use Regulations.

Schedule II-C prescribes the land use regulations for the park and recreation districts. The regulations for each district are established by letter designations as follows:

Schedule II-B prescribes the land use regulations for the commercial districts. The regulations for each district are established by letter designations as follows:

"P" designates permitted use classifications.

"L" designates use classifications that are permitted, subject to certain specific limitations noted by the number designations and listed at the end of Schedule II-C.

These uses are subject to Division I, General Regulations, and may be subject to additional use regulations found in Division IV, Provisions Applying in All or Several Districts. Additional use regulations are also found in CMC § 17.18.080 and are referenced in the schedule. Findings for specific uses may also be required and are found in Chapter 17.64 CMC, Findings Required for Permits and Approvals.

Schedule II-C: Public and Quasi-Public Districts: Use Regulations
P = Permitted Use L = Limitations Apply C = Conditional Use Permit Required	Park and Recreation Districts		Additional Regulations
	P-1	P-2	Additional Regulations
Residential
Single-Family	–	L-1	See CMC § 17.08.050(H)
Senior Citizen Housing	–	L-1
Family Day Care
Small Family	–	L-1
Large Family	–	L-1	See CMC § 17.08.050(B)
Public, Semipublic and Service
Clubs and Lodges	–	L-1
Community Centers
Conference Facilities, Small	–	P-1
Government Offices	–	L-1
Museums, Galleries, Gardens (noncommercial)	P	P-2
Park and Recreation Facilities	P	P
Parking Facilities, Noncommercial	–	C-2	See Chapter 17.64 CMC, Findings Required for Permits and Approvals
Commercial
Hotels and Motels	–	C-1	See Chapter 17.56 CMC, Restricted Commercial Uses
Theater, Live Performance	–	C
Theater, Motion Picture	–	C
Transportation, Communication and Utilities
Communication Facilities
Antennas and Transmission Towers – Telecommunications	C	C	See Chapter 17.46 CMC
Antennas and Transmission Towers – Other	–	C
Facilities Within Buildings	C	C
Specific Limitations and Conditions: L-1: Limited to the use and maintenance of existing buildings for nonprofit organizations, governmental buildings and uses, and residential use. L-2: Limited to facilities serving only park visitors and/or tenants of park buildings.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2023-06 § 3, 2023)

§ 17.18.040 Prohibited Structures.

It is unlawful to construct, erect or place any building, structure or improvement of any kind upon, over or under any part of the Carmel beach lands, as defined in this code except those determined by the City Council to be essential for public health, safety or welfare including those required for public access, public restrooms, seawalls, revetment, landscaping, irrigation systems, drainage facilities, water storage, public signage, trash containers, emergency telephones, parking facilities, recreation facilities and facilities for protecting environmental resources.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.18.050 Purpose.

Theatrical District (A-1). The purpose of this district is to provide appropriate zoning for existing theaters located amidst the R-1 land use district. Uses permitted in this district shall be limited to those associated with the theater and performing arts.

Community and Cultural Center District (A‑2). The purpose of this district is to provide an appropriately located area for a community and cultural center. Uses permitted in this district shall be limited to those that provide cultural and community activities associated with the arts, education and recreation.

Senior Citizen Facility District (A-3). The purpose of this district is to provide education programs, social events, recreational activities, social services and entertainment for senior citizens. The land use regulations for the A-3 senior citizens land use district are intended to ensure that land uses, facilities and activities permitted within the A-3 senior citizens land use district are consistent with the residential character of the City of Carmel-by-the-Sea and with the environmental goals, objectives and policies contained in the General Plan. Uses permitted in this district shall be those primarily for the benefit of senior citizens.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.18.060 Districts Identified.

Table 17.18-A delineates all lots and blocks contained within the A-1, A-2 and A-3 districts.

Table 17.18-A: A-1, A-2 and A-3 District Blocks and Lots
A-1 District
Block 85	Lots: All
Block C, Addition No. 1	Lots 11 through 14
A-2 District
Block 97	All
Block 110	All
*And that portion of Ninth Avenue lying between San Carlos and Mission Streets
A-3 District
Block 95	Lots 1, 2, 4, 6, 8, 10 and 12

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.18.070 Land Use Regulations.

Schedule II-D prescribes the land use regulations for the A-1, A-2 and A-3 districts. The regulations for each district are established by letter designations as follows:

"P" designates permitted use classifications.

"L" designates use classifications that are permitted, subject to certain specific limitations noted by the number designations and listed at the end of Schedule II-D.

These uses are subject to Division I, General Regulations, and may be subject to additional use regulations found in CMC § 17.18.080 and referenced in the table. Special findings for specific uses may also be required and are found in Chapter 17.64 CMC, Findings Required for Permits and Approval.

Schedule II-D: A-1, A-2 and A-3 Districts: Use Regulations
P = Permitted Use L = Limitations Apply C = Conditional Use Permit Required	Other Public Districts			Additional Regulations
	A-1	A-2	A-3	Additional Regulations
Residential
Senior Citizen Housing	–	P	P
Public, Semipublic and Service
Clubs and Lodges	C	P	C
Colleges and Trade Schools	L-1	P	–
Community Care Facility	–	–	C
Community Centers
Conference Facilities, Small	P	P	C
Community Social Service Facility	–	–	C
Day Care Centers	–	–	C
Government Offices	–	L-3	–
Museums, Galleries, Gardens (Noncommercial)	–	P	C
Park and Recreation Facilities	–	P	–
Parking Facilities, Noncommercial	C	P	C
Public Safety Facility	–	P	–
Commercial
Eating and Drinking Establishments	–	L-3	–
Parking Facilities, Commercial	–	C	–
Personal Improvement Services	–	L-2
Retail Sales
Arts and Crafts	–	P	–
Vending Machines	–	L-3	–
Theater, Live Performance	P	P	C
Theater, Motion Picture	P	P	–
Transportation, Communication and Utilities
Communication Facilities
Antennas and Transmission Towers	C	C	–	See Chapter 17.46 CMC
Other
Accessory Use				See CMC § 17.18.080(A)
Temporary Use				See CMC § 17.18.080(A)
Specific Limitations and Conditions: L-1: Limited to schools for theater arts. L-2: Limited to workshops and classes connected with the arts. L-3: Only as an accessory use, when in connection with any other authorized use.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.18.080 Additional Use Regulations.

Accessory and Temporary Uses. The following are types of accessory and temporary uses allowed, subject to the requirements and standards below.

A-1 District. The following uses may be allowed with the issuance of a use permit and provided that they are in accord with the general purposes of the district and have had prior approval of the Carmel Cultural Commission:

Concessions for snacks and nonalcoholic beverages incidental to theater performances; and

Displays connected with the arts.

A-2 District. The following uses are permitted:

Concessions for the sale of books, prints, food and nonalcoholic beverages;

Concessions for the sale and consumption of alcoholic beverages when located at, and associated with, events at the Sunset Community and Cultural Center only;

Displays connected with the arts; and

Occasional sales or rentals of paintings and art objects by approved users.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.18.090 Regulations Applicable to the A-3 District.

General Regulations.

Activities shall be limited to those that will not materially increase traffic, noise or parking demand in the surrounding area as determined by the Planning Commission.

No activity shall be allowed generating noise in excess of 60 decibels (8:00 a.m. to 6:00 p.m.) or 55 decibels (all other times) as measured at the property line of any site in the A-3 district using an A-weighted scale.

Prohibited Uses. Commercial uses including but not limited to retail sales, food service establishments and transient lodging facilities, but not including the serving of meals, the sale of crafts and other similar activities accessory and incidental to senior citizen facility use are prohibited in the A-3 district.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.18.100 A-1 District Development Regulations.

In order to maintain the residential character and design of any structures built within zone A-1, the regulations established for the R-1 land use district on driveway grades, site and height limitations, building coverage limitations, front yard, side yard and rear yard setbacks and design review shall apply within district A-1.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.18.110 Reversion to R-1.

Any property zoned A-1 shall revert to its original zoning of R-1 upon abandonment of its use. Discontinuance of a permitted use for a period of one year shall constitute abandonment for the purposes of this section.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.18.120 A-3 District Development Regulations.

Development standards applicable to the A-3 district are shown in Table 17.18-B.

Table 17.18-B: A-3 District Site Development Standards
Site Area
Minimum	10,000 square feet
Maximum	28,000 square feet
Floor Area Ratio	40 percent of site area
Maximum Height	24 feet from existing grade
Setbacks*
Front yard	15 feet
Side yard (first story)	3 feet
Side yard (second story)	3 feet
Rear yard (first story)	3 feet
Rear yard (second story)	15 feet
Floor Area Ratio	40 percent of site area
Minimum Landscaping	20 percent of site area

Notes:
* No setback adjacent to a public street shall be less than 10 feet. For sites fronting on more than one street and for irregularly shaped lots, the Planning Commission shall establish which property lines constitute the front, side, and rear for the purpose of defining setbacks.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.18.130 Design Review.

Design review shall be required as set forth in Chapter 17.58 CMC, Design Review.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

Carmel By The Sea City Zoning Code

Division II

BASE ZONING DISTRICTS

§ 17.08.010 Purpose.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.08.020 Specific Purposes.

In addition to the general purpose above, the specific purposes of each of the residential districts are:

R-4 Multifamily Residential District.

To provide an appropriate location for a mix of multifamily residential dwelling units convenient to the commercial area.

To serve as a buffer or transitional zone between the commercial area and the single-family residential district.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.08.030 Districts Identified.

The following table lists all blocks and lots contained within the R-4 land use district.

Table 17.08-A – R-4 District Blocks and Lots
Block	Lots
Block 36	Lots 12 and 14; Lots 16 through 26
Block 37	All
Block 48	Lots 1 through 13; Lot 15
Block 59	Lots 1 through 3
Block O	Lots 1 through 14

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.08.040 Land Use Regulations.

Schedule II-1 prescribes the land use regulations for the residential districts. The regulations for each district are established by letter designations as follows:

"P" designates permitted use classifications.

"L" designates use classifications that are permitted, subject to certain specific limitations noted by the number designations and listed at the end of Schedule II-1.

Schedule II-1 Land Use Regulations for Residential Districts
P = Permitted Use L = Limitations Apply C = Conditional Use Permit Required	R-1	R-4	Additional Regulations
Residential			See CMC § 17.08.060
Single-Family	P	P	See CMC § 17.08.050(E), (H)
Accessory Dwelling Units			See CMC § 17.08.050(G)
Accessory Dwelling Unit, Interior	P	P
Accessory Dwelling Unit, New Structure	P	P
Class I Accessory Dwelling Unit	P	–
Class II Accessory Dwelling Unit	P	–
Studio	P	P
Guesthouse (Noncommercial)	C	–	See CMC § 17.08.050(C)
Multifamily Dwellings			See CMC § 17.08.050(F)
0 – 22 dwelling units/acre	–	P
22 dwelling units/acre	–	C
Senior Citizen Housing	L-5	P
Family Day Care
Small Family	L-5	P
Large Family	–	C-4	See CMC § 17.08.050(B)
Group Residential	–	C
Transient Rental, Legal Nonconforming	–	L-6	Chapter 17.68 CMC, Use Classifications, See "Nonconforming Use" Definition
Transient Rental, Housing Incentive	–	L-7	See CMC § 17.14.040(W)(2)(b)
Public, Semipublic and Service
Clubs and Lodges	C-2	C-4
Colleges and Trade Schools	–	L-4
Community Care Facility	–	L-4
Community Social Service Facility	C-2	L-4
Day Care Centers	C-2	C-4
Emergency Medical Care	–	L-4
Government Offices	–	L-4
Hospitals and Clinics
Clinics	–	L-4
Hospice Care, Limited	C-5	L-5
Libraries, Public	–	L-4
Park and Recreation Facilities	P	P
Community Centers	C-2	L-4
Conference Facility, Small	C-2	L-4
Parking Facilities, Noncommercial	C-2	C	See Chapter 17.64 CMC, Findings Required for Permits and Approvals
Public Safety Facility	–	P
Religious Facilities	C-2
Residential Care Facilities
Limited	L-5	P
Senior	–	C
Schools, Public	C-2	–
Schools, Private	C-2	P-4
Commercial			See Chapter 17.56 CMC, Restricted Commercial Uses
Animal Sales and Services
Animal Grooming	–	L-4
Business Services	–	L-1
Hotels and Motels	C-3	C
Maintenance/Repair Services	–	L-4
Offices	–	L-4
Parking Facilities, Commercial	–	C	See Chapter 17.64 CMC, Findings Required for Permits and Approvals
Personal Improvement Services	–	L-4
Personal Services	–	L-4
Retail Sales
Vending Machines	–	C
Travel Services	–	C
Theater, Live Performance	C-2	–
Transportation, Communication and Utilities
Antennas and Transmission Towers – Telecommunications	C	C	See Chapter 17.46 CMC for findings
Antennas and Transmission Towers – Other	–	C
Facilities Within Buildings	C	C
Agricultural
Nurseries	P	–
Other
Accessory Use			See CMC § 17.08.050(A)
Nonconforming Use			See Chapter 17.36 CMC, Nonconforming Uses and Buildings
Temporary Use			See CMC § 17.52.100(I)
Specific Limitations and Conditions 1. Limited to advertising, consumer credit reporting, secretarial and court reporting, equipment maintenance and repair, personnel supply services, and nonretail computer services and repair. 2. Allowed only on existing quasi-public use sites established prior to December 1, 1980, or added as an accessory use to such existing uses. 3. Limited to existing units established prior to January 1, 1967, and/or authorized by a use permit issued between 1967 and 1990. *Note: These provisions approved by voter referendum. 4. Limited to existing commercial spaces established prior to 1993 and occupied by commercial uses continuously since that time. 5. Limited to occupancy within a single-family residence. 6. Limited to permits approved prior to the adoption of Ordinance 2019-03. 7. Limited to transient rental units approved through the issuance of a conditional use permit as an incentive for the creation of new housing units. See CMC § 17.14.040(W)(2)(b).

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2016-02 § 7, 2016; Ord. 2016-04 § 7, 2016; Ord. 2017-10 § 1 (Exh. A), 2017; Ord. 2019-03 § 1 (Exh. A), 2020; Ord. 2023-06 § 3, 2023)

§ 17.08.050 Additional Use Regulations.

Accessory Buildings and Structures.

Except as provided in CMC § 17.10.040, Lot Mergers, no more than two accessory structures may be constructed on each building site.

Family Day Care, Large Family. The following additional regulations shall apply to the operation of large family day care homes serving seven to 12 persons.

In addition to the off-street parking spaces required for the residential zone, one additional off-street parking space shall be provided per employee.

ii.

Adequate space shall be available for safe pick-up and delivery of children to the day care home. This space shall be off-street, but can be in the driveway or off-street parking area.

Inspections Required. The Fire Department and Building Official shall conduct an on-site inspection that includes but is not limited to:

Gas water heaters, to ensure proper ventilation and permanent installation that is safe from children;

Fire extinguishers and smoke detectors, to ensure that they meet standards established by the State Fire Marshal;

Refrigerators, to ensure that they are properly sealed shut if not in use and/or contain a locking device if in use; and

All potential fire and safety hazards that may endanger the children at the large family day care home.

Table 17.08-B – Maximum Floor Area for Guesthouses
Lot Type/Size	Base Size of Guesthouse	Plus Increment Based on Lot Size	Equals Maximum Floor Area
6,000 square feet or larger	400 square feet	(lot area over 6,000) x 1.5%	Allowed Size
Merged lots of at least 8,000 square feet	500 square feet	(lot area over 6,000) x 1.5%	Allowed Size
Example: 7,500-square-foot lot	400 square feet	(1,500 sq. ft.) x 1.5%	422 sq. ft.