Timeshare uses and fractional interest uses are prohibited uses within all of the zoning districts within the City.

Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way and through any medium, the availability for sale or use of real property in violation of this section is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this chapter. Such violation shall be punishable pursuant to Chapter 1.16 CMC (General Penalty).

Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way and through any medium, the availability for sale or use of real property in violation of this section is subject to administrative fines and/or penalties as set forth in Chapter 18.04 CMC (Municipal Code and Ordinance Enforcement).

Each day a violation of this section occurs shall constitute a separate offense, and the remedies under this section are cumulative and in addition to any and all other remedies available at law and equity.

Climbing Trees. It is unlawful to climb any tree in those portions of public property designated as beach lands, Devendorf Park, and the center islands of any street, in such a manner as to injure, impair or damage the tree.

Littering or Depositing of Glass, Metal, Debris, Pine Needles/Tree Debris Compostable Refuse, and Other Refuse or Wastes. It is unlawful, without a City permit, to throw, deposit, sweep, leave or otherwise discard upon any public street, right-of-way, park, beach or other public property anywhere within the City bottles, cans, glass, metal, plastic, petroleum substance, paint, paper, dirt, rubbish, waste articles or any other similar waste thing or substance whatsoever, whether liquid or solid, unless the deposit is made into a container specifically provided for that purpose. A fee for the scheduled pickup of pine needles/tree debris compostable refuse not exceeding one cubic yard per load, per week, shall be established by resolution of the City Council which may be amended from time to time.

Picnicking and Camping. It is unlawful to picnic, camp, place tables, place chairs, eat, hang out things to dry, or do any other act connected with human habitation, on any public right-of-way, sidewalk area or in any parking area. This prohibition shall not prohibit the eating of food items customarily purchased for the purpose of eating while walking on the sidewalk, such as ice cream cones, and other hand-held, ready-to-eat items sold for consumption off the premises, and obtained and consumed incidental to walking or some other legal activity. It shall apply to eating when the eating is the primary activity. This prohibition does not prohibit the taking of picnic supplies and equipment from parked vehicles to the beach or other areas specifically designated for eating or picnicking.

Camping on Public Lands. It is unlawful for any person to camp, or to place, erect, or maintain any tents, house trailers, mobile homes, campers, or any other camping facilities of any kind whatsoever on any public property of this City. It is unlawful for any person to sleep out-of-doors on any public property, including City parks and beachlands, between the hours of sunset and sunrise.

Burying Garbage or Waste.

No responsible party shall post, publish, circulate, broadcast or maintain any advertisement of an unpermitted transient rental.

For purposes of this section the following words and phrases shall have the meanings respectively ascribed to them by this section.

Each day that an advertisement is posted, published, circulated, broadcast or maintained by a responsible party in violation of this section is a separate offense.

Establishing a Historic Resources Board with powers and duties to administer the City's Historic Preservation Program.

Maintaining an inventory of historic resources.

Identifying and protecting archaeological resources.

Protecting the design character and context of the residential and commercial areas by maintenance of an appropriate setting for historic resources.

Participating in Federal and State preservation processes and programs.

Becoming a certified local government.

Incorporating historic preservation principles into the City's project review process, consistent with State and Federal standards, criteria, and practices.

Avoiding and minimizing potential impacts on historic resources when developing and enforcing land use, design review, zoning, fire code, environmental review and other City regulations.

Pursuing and supporting the use of appropriate capital, Federal, State and local private grants, loans, tax credits and tax relief.

Providing financial, technical and legal assistance programs to encourage and assist with rehabilitation and maintenance of historic resources.

Should be representative of at least one theme included in the Historic Context Statement.

Shall retain substantial integrity. Integrity (association, feeling, setting location, design, materials and workmanship) shall be documented by comparing the existing condition of the resource with the original building plans or early records and photographs, or other substantial evidence (e.g., literature review, Sanborn maps, architectural files, land records) and/or by physical inspection by a qualified professional. Integrity shall be assessed by (1) defining the physical features that must be present for a property to represent its significance, (2) determining whether these features are still visible enough to convey significance, (3) determining whether the property needs to be compared to other similar properties to understand its significance, and (4) determining which aspects of integrity are vital if the property is to qualify as a resource (see National Register of Historic Resources, Bulletin #15).

Should be a minimum of 50 years of age and shall meet at least one of the four criteria for listing in the California Register at a national or Statewide level of significance (primary resource) or at a regional or local level of significance (local resource) per CEQA Guidelines Section 15064.5(a)(3):

To qualify for the Carmel Inventory, an historic resource eligible under California Register criteria No. 3 (subsection (C)(3) of this section) only, should:

Districts designated as historic resources shall (1) have more than 50 percent of all properties within the district boundaries that contribute to the identifiable characteristics of the specific area or neighborhood; (2) represent a theme from the historic context of the early development of Carmel; (3) have a majority of all properties within the district boundaries that demonstrate the functions, styles, time period and lifestyles of the period of significance; (4) have a majority of all properties within the district boundaries that qualify as contributing resources that evidence a high level of integrity based on physical condition, retention of historical characteristics and relationship to the original site; and (5) represent or potentially represent historical information important locally, regionally, or to the State or nation.

All properties included in the inventory as of the date of final certification of the LCP, are hereby included in the Carmel Historic Resource Inventory unless removed by the Historic Resources Board pursuant to CMC § 17.32.070(D). Recordation and notice of the inclusion of these resources in the inventory shall be provided pursuant to CMC § 17.32.070(C). All subsequently identified Historic Resources shall be added to the Carmel Historic Resource Inventory and reported to the Historic Resources Board.

Any interested parties or organizations may submit to the City requests or applications for identification of historic resources to be included in the inventory. The City shall process such requests or applications within 60 days, consistent with the procedures established in this chapter.

A resource less than 50 years old may be eligible if it is of exceptional importance to the City, State, or nation based on its unusually strong contribution to history, architecture, engineering or culture, or because it is an integral part of an historic district.

It shall be unlawful for any person, corporation, association, partnership or other legal entity to directly or indirectly alter, remodel, demolish, grade, relocate, reconstruct or restore any property without first determining if the property is eligible for the inventory.

No application for property development shall be deemed complete unless it includes a determination that the property is either eligible or ineligible for the Carmel Inventory. For properties where eligibility has not yet been established, the Department shall initiate the process for determining eligibility upon the filing of any application for property development.

A property owner may request a determination of eligibility prior to the filing of a development application by submitting a written request to the Department. The Department shall establish the required content and form of such requests and/or applications.

Historic Context Statement.

Initial Assessment of Historic Significance.

Intensive Survey.

Determinations of Ineligibility.

If the property is (1) located within the archaeological overlay district, or (2) is located within a commercial or R-4 district, or (3) staff determines that the site may potentially contain archaeological resources, and the project involves excavation or grading then the Department shall order that a Phase 1 Report (survey) of the property be conducted by a qualified professional to evaluate the potential for archaeological resources to be present on the property. All reports shall follow the Archeological Resources Management Report (ARMR) format.

Eligibility for the Carmel Inventory shall be established in conformance with the criteria and procedures in CMC § 17.32.040, Eligibility Criteria for the Carmel Inventory, and 17.32.060, Determining Eligibility for the Carmel Inventory. Properties determined to be eligible by an administrative determination, or by the Historic Resources Board on appeal, shall become part of the inventory upon completion of an inventory form documenting the resource and issuance of an administrative determination finding by the Department or adoption of a finding by the Board that the property meets the criteria for historic resources.

Resources included in the inventory shall be considered historic resources for purposes of CEQA.

Consistent with Public Resources Code Section 5029, staff shall within 90 days submit to the County Recorder for recordation, and the County Recorder shall record, the administrative determination that the property is an historic resource and document inclusion of the resource in the Carmel Inventory.

Removal of Resources from the Inventory.

City List of Pre-Approved Professional Consultants. The City shall maintain a list of State-certified, qualified professionals capable of performing surveys, evaluating projects for consistency with the Secretary's Standards, assisting staff and the Historic Resources Board with the preparation of determinations of consistency, evaluating the impact of projects on historic resources and developing mitigation measures, evaluating compliance with the State Historic Building Code, and preparing Historic Context Statement updates.

Work to Be Done Under City Contract. The work of the qualified professionals shall be conducted under contract to the City. If the need for the work is the result of an application, the work shall be performed at the applicant's expense. If the work is the result of a City project or general request of the public pursuant to CMC § 17.32.040(G), the work shall be performed at the City's expense.

Conflicts of Interest.

Individual Resources.

Historic Districts.

Resources Not Currently in the Inventory.

Notification of Property Owners. Consistent with Public Resources Code Section 5029, staff shall within 90 days submit to the County Recorder for recordation, and the County Recorder shall record, a certified resolution by the Department establishing the listing in the register.

Removal of Resources from the Register.

Historic Plaque Program. Historic resources listed on the Carmel Register shall be provided with a brass plaque suitable for mounting on or near the resource. The plaque shall include the name of the resource, the date of construction, the City seal and other information appropriate for the resource as determined by the Board. In developing this program the Board shall establish criteria for uniform design, content and location.

Mills Act Historical Property Contracts.

Parking Reductions. On-site parking requirements for any continued occupancy, change, or intensification in use for any register-listed resources may be waived by the Board. In granting such waivers, the Board may establish that the number of parking spaces required shall be the same as the number of spaces that exist on the property as of the effective date of listing in the register.

Nonconformities. Existing structural nonconformities associated with a historic resource listed on the register (e.g., setback encroachments, excess height or insufficient parking, etc.) that are essential to maintaining the integrity of the resource shall be treated as conforming for the purposes of applying CMC § 17.36.030 and 17.36.040, in the review of maintenance, repair, alterations and additions. Design nonconformities shall be expanded or created only when this is found necessary to achieve consistency with the Secretary's Standards.

Tax Credits for Commercial Properties. Commercial properties listed on the Carmel Register and the National Register may be eligible for Federal rehabilitation tax credits.

Fee Reductions. When a property on the register is rehabilitated in conformance with the Secretary's Standards, the City will reduce the building permit fee, applicable to the specific area of the rehabilitation, by 25 percent.

The SHBC provides alternative regulations for the rehabilitation, preservation, restoration, or relocation of qualified historical buildings or properties. Resources in the inventory shall be treated as qualified historical buildings or properties.

The SHBC shall be used for any resource in the inventory.

Determination of Consistency. It shall be unlawful for any person, corporation, association, partnership or other legal entity to directly or indirectly alter, remodel, demolish, grade, relocate, reconstruct or restore any historic resource without first obtaining a determination of consistency with the Secretary's Standards, complying with the requirements of the CEQA, and obtaining a building permit or other applicable permit from the City. Demolition of structures identified as historic resources on the Carmel Inventory is prohibited except as provided in CMC § 17.30.010. The alteration of any structure identified as an historic resource on the Carmel Inventory in a manner that is inconsistent with the Secretary's Standards is prohibited unless one or more of the findings established in CMC § 17.64.050 is adopted.

Routine Maintenance. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior improvement or any exterior architectural feature in or on any historic resource that does not involve a change in design, materials, or external appearance thereof, nor does this chapter prevent the alteration, restoration, demolition, removal, or relocation of any such improvement or architectural feature when the Department certifies to the Historic Resources Board that such action is required for the public safety due to an unsafe or dangerous condition and cannot be remedied under the California Historical Building Code.

Duty to Keep in Good Repair. The owner, occupant or any other person in actual charge of a historic resource shall keep in good repair the exterior portions of all such buildings, structures, or improvements, and all interior portions thereof whose maintenance is necessary to prevent the deterioration and decay of any exterior improvement or exterior architectural features.

Tax Credit Certifications. Alterations or relocations that are the subject of a tax credit certification application shall be submitted to the Board for informational purposes. The Board shall have the option to submit comments on the application to the appropriate State or Federal reviewing agency.

Upon submittal of a design study, building permit or other application for alteration of the property, the City shall determine if the subject property contains historic resources and is therefore eligible for the Carmel Inventory of Historic Resources.

If the applicant has applied for, but has not completed the process of eligibility determination, the applicant may request that the property be treated as eligible for purposes of expediting the application review.

If it is determined that the subject property contains historic resources, the applicant shall be required to obtain a determination of consistency with the Secretary of the Interior's Standards for the Treatment of Historic Properties as part of the project review process.

All major and minor alterations to historic resources shall require a determination of consistency with the Secretary's Standards. The Department shall make consistency determinations for minor alterations. Staff may shall retain a qualified professional, when necessary, to assist in making the determination.

Consistency determinations for major alterations shall require an evaluation by a qualified professional and review and approval by the Historic Resources Board. Qualified professionals retained by the City to evaluate proposed alterations to historic resources shall be at the applicant's expense. The Department shall determine whether the proposed project constitutes a minor or major alteration.

For the purposes of evaluating alterations to historic resources, the following shall constitute minor alterations:

Repair of interior walls including plaster and dry wall to match existing walls. This can include the repair of interior cracks up to one inch wide.

Temporary bracing or shoring as part of stabilization.

Staff shall issue a determination of consistency for minor alterations that comply with the Secretary's Standards. In approving minor alterations, staff shall ensure that integrity of the resource is maintained, that all character-defining features are maintained and that no change will be authorized that would diminish the historic resource's value or result in a subsequent determination that the resource is no longer eligible for the Carmel Inventory. Staff may prepare and process a categorical exemption for the proposed alteration. The Department shall then cause the processing of the permit application to continue pursuant to standard City practices. Minor alterations that are found not to comply with the Secretary's Standards shall be considered and processed as major alterations requiring an evaluation by a qualified professional and final action by the Historic Resources Board.

For the purposes of evaluating alterations to historic resources the following shall constitute major alterations:

Determinations of consistency for major alterations shall be prepared by a qualified professional and shall be supported by written documentation that (1) identifies which of the Secretary's Standards are applicable to the project, (2) reviews the proposed project, and (3) explains the basis of the determination.

If an evaluation concludes that a proposed alteration is not consistent with the Secretary's Standards, the report shall list aspects of the project that are not consistent along with guidance for modifying the project to comply with the Secretary's Standards. The applicant shall be required to elect in writing within 10 days of receipt of the evaluation whether they will (a) work with the City to modify the project to conform, (b) request a mediation process, or (c) request that processing of the application proceed without modification.

If the Board issues a determination of consistency, the Director shall determine whether the project is eligible for a categorical exemption consistent with the CEQA Guidelines. Further environmental review may still be required to address other aspects of the project. The Department shall cause to be prepared the appropriate environmental documentation for the project and shall cause the processing of the permit application to continue pursuant to standard City practices.

No permit authorizing significant adverse impacts to an historic resource inconsistent with the Secretary's Standards shall be issued unless necessary to address a public health and safety emergency as provided in CMC § 17.30.010 or until completion of the environmental impact report (EIR) process and adoption of one or more of the findings in CMC § 17.64.050. Preparation of an EIR for such projects shall include a review of project alternatives and/or mitigation measures that would achieve consistency with the Secretary's Standards, including consideration of the "no project" alternative. The EIR also shall include an analysis of the feasibility of each alternative.

Approval of any permit that will authorize significant adverse impacts to any historic resource shall require adoption of the findings found in Chapter 17.64 CMC, Findings.

Except as authorized by the City Administrator consistent with CMC § 17.30.010, approval of a permit to demolish or alter an historic resource that will cause significant adverse impacts to the resource shall incorporate conditions of approval deemed appropriate by the Historic Resources Board or Planning Commission which may include any of the following:

No permit to demolish an historic resource shall be issued without the concurrent issuance of a building permit for a replacement structure or project for the property involved unless necessary to address a public health and safety emergency.

Upon demolition of a resource the Department shall remove the resource from the inventory. Where adverse impacts result from substantial alterations, the Board shall determine if the resource retains historic integrity. If the resource has lost integrity, the Board shall direct that the resource be removed from the inventory.

The issuance of a determination of ineligibility for the inventory may be appealed to the Historic Resources Board, in accordance with standard City appeals procedures as established in CMC § 17.32.060(D) and 17.54.040(B).

The denial of a determination of consistency for any minor alteration to an historic resource may be appealed to the Historic Resources Board, in accordance with standard City appeals procedures as established in CMC § 17.54.040(B).

Denials of determinations of consistency for major alteration of historic resources may be appealed to the City Council, in accordance with standard City appeals procedures as established in CMC § 17.54.040(B).

Denials of permits for the demolition, alteration, or relocation of a resource in the inventory or new construction on a property included in the inventory may be appealed to the City Council, in accordance with standard City appeals procedures as established in CMC § 17.54.040(B).

General. It shall be unlawful for any person to permit or maintain violations of any of the provisions of this title by undertaking the alteration, grading, removal, demolition or partial demolition of an historic resource without first obtaining the written approval of the City as provided in this code, or to defy any order or decision rendered by the Department, Board, Commission or Council.

Criminal Penalties. Any person who violates a requirement of this title or fails to obey an order issued by the City or comply with conditions of approval of any certificate or permits issued under this section shall be guilty of a misdemeanor.

Civil Penalties. Any person who alters, relocates, or demolishes an historic resource in violation of this title shall be subject to an administrative penalty of up to $250,000 for each violation. As part of any enforcement proceeding, violators may be required to reasonably restore the historic resource to its appearance, condition or setting prior to the violation, or shall be subject to one of the following limitations on the use of the property.

Civil Remedies. Any action to enforce civil penalties may be brought by the City or any other interested party. These civil remedies shall be in addition to, and not in lieu of any criminal prosecution and penalty and any other remedy provided by law.

Disasters and Emergencies.

Minimum Maintenance.

Protection of Deteriorated, Vacant and Vandalized Resources.

Proposals for telecommunications facilities shall be subject to review under this section if located within a district or within the boundaries of a property included in the inventory.

Co-location and use of stealth camouflaged equipment shall be required to the extent feasible for telecommunications facilities located within a district or within the boundaries of a property included in the inventory.

Site Plan. Prior to the submittal of design plans, a site plan shall be prepared by a qualified professional documenting topography, drainage features, existing trees and structures, street edge treatments, and existing conditions on adjacent properties.

Preliminary Site Assessment. Following submittal of the site plan, the City's planning staff and City Forester shall prepare a preliminary site assessment that includes an evaluation of the design character, streetscape attributes, potential historic resources, and forest resources of the block and neighborhood, as well as the resource constraints of the site.

Forest Enhancement and Maintenance Plan. Following the preparation of a preliminary site assessment, applicants shall submit a forest enhancement and maintenance plan which shall:

Landscape Plan. Following approval of the forest enhancement and maintenance plan, a landscape plan shall be submitted in a manner and form established by the City Forester. Landscape plans shall document all proposed plantings as well as any tree removal, replacements, or relocations and shall document how new plantings will conform with the forest enhancement and maintenance plan. Landscape plans shall include the following:

Plant Selection.

Landscape Design.

Paving Materials and Design.

Irrigation and Maintenance.

General Standards.

Public Right-of-Way in the R-1 District.

Landscaping Requirements for All Commercial Development. The following standards apply to all commercial districts in the City.

Landscaping Requirements for Gasoline Stations. Landscaping shall be provided and maintained in a healthy state to give an attractive appearance to the public street along 80 percent of the street frontage not occupied by driveways. Planting shall be of a type that will provide a minimum height of four feet along no less that 60 percent of the required landscaped frontage.

Landscape Requirements for Surface Parking Areas. Building sites incorporating surface parking lots shall include at least 15 percent of the site area in landscaping. Landscaping shall be distributed along all street frontages and pedestrian walkways that are adjacent to parking areas to help screen parked automobiles from view. Plant species and/or planters should be designed to achieve a height of at least five feet above the surface of the parking lot except where this would conflict with safe visibility or good site design. Landscaping shall also be provided within the interior of surface lots to break up large expanses of paving. Parking lots with four or more vehicles shall provide interior landscaping of at least 10 square feet per vehicle.

Beach Overlay and Park Overlay District. The following standards apply to the park overlay district.

ESHA Overlay District. Landscaping plans for projects in the ESHA overlay district shall provide for native vegetation restoration consistent with performance criteria established in the biological resources report required in CMC § 17.20.220(D). The plan shall also be consistent with all standards set forth in CMC § 17.20.220, Environmentally Sensitive Habitats.

A building or structure that was lawfully established, but does not conform to existing zoning regulations, shall be deemed a nonconforming structure and may be used and maintained as provided in this chapter. (For structural nonconformance, see CMC Title 15 and the Uniform Building Code.)

Occupancies and uses lawfully established that do not conform with the current use regulations, site area requirements, or dwelling unit densities in the district where the use is located may be continued, except as otherwise provided in this chapter.

Any lawfully established use, building or structure that is nonconforming solely by reason of the absence of an administrative permit or use permit may be changed to a conforming use, building or structure by issuance of an appropriate administrative permit or a use permit, in compliance with this title.

A lawful nonconforming structure may be maintained, repaired, or altered as long as such maintenance, repair, or alteration does not increase the nonconformity and all work performed conforms to all of the requirements of this chapter. Alterations and additions to buildings and structures subject to Chapter 17.32 CMC, Historic Preservation, shall conform to the requirements of that chapter.

Alterations, repairs or remodeling that enlarge, extend or increase a nonconforming feature of a building shall be prohibited, except as provided in CMC § 17.32.100(D) for historic resources.

Nonconforming buildings or structures that are damaged or destroyed by fire, explosion, acts of God, or acts of the public enemy to an extent of 75 percent or less of the value of the structure as determined by the Building Official may be reestablished to the size and extent to which it previously existed providing a building permit is obtained from the Building Official within 30 months of the date of damage or destruction and is completed in conformance with the current, applicable Uniform Building Code and City building ordinances.

Nonconforming buildings or structures that are damaged or destroyed in excess of 75 percent as indicated above may be reestablished providing a use permit is issued by the Planning Commission, based on findings in CMC § 17.64.130 and the plans for the project are approved by the Planning Commission.

It is recognized that compliance with CMC Title 15 and the Uniform Building Codes dealing with construction may alter to some extent existing buildings. Where this occurs, such changes are subject to design review and may be made providing the design or construction is not altered in a manner that conflicts with the City's zoning standards and design guidelines and nonconformities shall not be increased.

The demolition of any nonconforming building or structure shall require that all new construction on the site meet all requirements for new buildings and structures.

The substantial alteration of any nonconforming building or structure, that includes removal of any nonconforming building element or structural element, shall require correction of that specific nonconforming building element or structural element in conformance with all requirements for new construction. The removed nonconformity shall not be rebuilt or reestablished at that location on the site or elsewhere on the site.

No building that contains a nonconforming use shall be enlarged by increasing the floor area or building envelope or exterior volume. Repairs, remodeling, alterations or maintenance, in any 12-month period, shall be limited to 10 percent of the value of the building, or 10 percent of the value of the portion of the building containing the nonconforming use. The value of improvements shall be determined by the Building Official.

No nonconforming use may be expanded or extended into an existing portion of a building that was not previously occupied by the same nonconforming use.

A commercial use that is otherwise allowed within a district but is nonconforming due to noncompliance with one or more operational standards for approval (e.g., hours, type of merchandise, etc.) shall require that any replacement use comply with all operational standards for approval upon change of ownership. A use that is nonconforming due to physical or structural standards (e.g., floor area, number of parking spaces, etc.) shall not be required to conform upon change of ownership of the use.

A new building constructed on premises containing a nonconforming use shall only be used or occupied by a use permitted in the district in which the building is located.

The requirements of this section shall not apply to any building that contains a lawful nonconforming dwelling unit in any commercial or R‑4 district.

Provide clear standards for parking requirements.

Provide parking requirements that are appropriate for specified land uses.

Provide for flexibility in meeting parking requirements.

Ensure that parking requirements are consistent with the land use goals of the community.

Discourage unnecessary curb cuts and the loss of street parking spaces through the construction of driveways downtown.

Explanation of Minimum Parking Table.

Fractional Spaces.

Minimum Off-Street Parking. It is recognized that providing parking on some sites will result in the loss of existing or potential on-street parking spaces due to the location of driveways or other improvements. Therefore, off-street parking shall only be allowed when the cumulative effect of providing such parking will result in a net gain of total parking spaces. When any determination of the minimum required parking for a project or use results in a need for only one space, and parking is being physically provided off-street, two full spaces shall be required unless the applicant can demonstrate a reconfiguration of on-street spaces, consistent with guidelines maintained by the Department of Public Works for street parking, that yields a net gain in total available parking when only one off-street space is provided.

Properties Located in More Than One District. For projects located on property falling within two or more land use districts with different parking standards, the parking requirement shall be determined by using the parking standards applicable to that portion of the development lying within each of the land use districts involved.

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

Surface Parking Design. The following standards apply to the design of surface parking in addition to those required by subsection (E) of this section:

Underground Parking Design. The standards in subsection (H) of this section apply to underground parking garages in addition to those required by subsection (E) of this section.

Standards.

On-Site Parking in the Central Commercial (CC) Land Use District. In contrast to the other districts within the City, on-site parking is prohibited in the central commercial (CC) land use district. This policy eliminates the need for curb cuts in sidewalks and the interference with free pedestrian traffic flow that would result from an excessive number of driveways. This policy is also intended to enhance the opportunities for creating intra-block courts and walkways between properties and buildings.

Use of Another Site. Parking requirements may be fulfilled by supplying the required parking on another site upon approval of a use permit. When use of another site for parking is authorized, such parking shall be located within the commercial district on property permitting such use. The land area required to provide such parking shall be legally committed for the full life of the structure for which the parking is required. The legal commitment shall be of such a nature that it cannot be withdrawn for the life of the structure, without the consent of the City. Applicants applying for approval of a use permit authorizing the use of another site for parking purposes must demonstrate one of the following conditions:

Parking Adjustment In-Lieu Fees. The Planning Commission may authorize the satisfaction of parking requirements through the granting of a use permit and the payment of in-lieu fees when on-site parking is not practical or when on-site parking is prohibited by City policies. Parking adjustments shall not decrease the number of parking spaces required by this chapter. The practicality of providing parking on-site shall be evaluated by using the criteria set forth in subsection (B)(2) through (B)(4) of this section. Standards for participation in the in-lieu fee program are established in CMC § 17.38.040, Parking In-Lieu Fee Program. Applicants for use permits authorizing the use of in-lieu fees to adjust on-site parking shall also demonstrate both of the following:

Payment of In-Lieu Fees. All in-lieu parking fees shall be paid prior to the issuance of the first permit (any business license or building permit) for which the in-lieu fees are required with one exception. The only exception arises when the number of in-lieu parking spaces exceeds five, in which case at least 40 percent of the total in-lieu fees shall be paid prior to the issuance of the project permit or license and the remaining balance shall accrue interest at the prime interest rate fixed on the date the first permit or license is issued. Any fees, including interest that will be subject to such delayed payments shall be evidenced by a promissory note. This promissory note shall provide for the payment of attorney's fees and costs to the prevailing party and shall be secured by a deed of trust.

Determination of Value of Parking In-Lieu Fees. The amount to be charged for an in-lieu parking space shall be determined by using the current construction costs of public garages having Type I or Type II fire resistance and the regional modifier for the San Francisco area as supplied by the "Building Standards" of the International Conference of Building Officials and a factor representing land costs. Four hundred square feet shall be used as the necessary area for a car to park and have maneuvering room with ingress and egress. The current construction costs per square foot shall be multiplied by the modifier to determine the cost per square foot to construct the parking space. The cost of constructing the parking space shall then be increased by 50 percent to reflect land cost. This total shall be the fee paid for each full in-lieu parking space. A fee reduction of 25 percent shall be allowed for parking spaces required for newly established residential dwelling units.

Unlawful Acts. It is unlawful for any person to park or permit to be parked any vehicle, pushcart or other contrivance within the City on any street, parking area, park or other public land or area within the City, under the following conditions:

Establish a permit system to regulate signage in the business district and residential areas.

Provide for temporary signs in limited circumstances on private property subject to the standards and permit procedures of this chapter.

Prohibit signs determined by the City to contribute to visual blight and pose hazards to pedestrians and motorists, which shall include those signs visible from exterior areas accessible to pedestrians and which are flashing, self-illuminated, neon, phosphorescent, glossy, incorporate internal lights or movement or that include strings of small lights around doors or windows, as well as signs, displays or other installations that include balloons, streamers, or other notice-attracting features.

Administrative Approval. Upon submittal of an application, the permits for signage as set forth in CMC § 17.40.030 may be approved by the Director, unless exempt from permit requirements in this code. At least once each year the Director shall report to the Planning Commission on the signs that have been approved through the administrative process.

Appeal. Denial of an administrative approval by the Director is subject to appeal to the Planning Commission in accordance with CMC § 17.54.040.

No Permit Required. The following signs on private property do not require a permit:

Objectives. The primary objective of sign review is to implement the objectives and policies of the General Plan by maintaining the community's village character and natural beauty. To achieve this objective, signs in any commercial district or any commercially zoned property shall be:

Types of Permitted Commercial Signage. Exterior signage in any commercial district shall be limited to:

Exterior Commercial Signs.

Lighting of Exterior Signs. Businesses open to the public during hours of darkness shall be allowed exterior lighting for signs meeting the below standards during hours of operation. These lights shall be turned off when the business is closed each evening.

Materials and Colors. All exterior signs must be constructed of durable materials that are compatible in appearance to the building supporting or identified by the sign. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity. All materials and colors are subject to approval of the Director.

Relationship to Buildings. Each sign located upon a site with more than one main building, such as a commercial, office or industrial complex, must be designed to incorporate the materials common or similar to all buildings.

Relationship to Other Signs. Where there is more than one sign on a site or building, all permanent signs must have designs that similarly treat or incorporate the following design elements:

Construction. Every sign, and all parts, portions and materials thereof, must be manufactured, assembled and erected in compliance with all applicable State, Federal and City regulations, including the City's building code and electrical code. Under no circumstances may a permanent sign have an exposed back.

Maintenance. Every sign and all parts, portions and materials must be maintained in good repair. The display surface of all signs must be kept clean, neatly painted, and free from rust, cracking, peeling, corrosion or other states of disrepair. This maintenance obligation includes the replacement of malfunctioning or burned-out lamps, replacement of broken faces, repainting of rusted, chipped or peeling structures or faces within 15 days following written notification by the City. When there is a change or discontinuance of a business or occupancy such that a sign no longer represents a place of business or occupancy, the sign or the name of the prior business or occupant must be removed.

The following signage shall be permitted while a permanent exterior sign is being made or is awaiting City review.

Materials and Colors. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity.

Relationship to Other Signs. Where there is more than one sign on a site or building, temporary signage shall similarly treat or incorporate the following design elements:

Signs visible from exterior areas of a building that are flashing, self-illuminated, neon, phosphorescent, glossy, incorporate internal lights or movement, and televisions or monitors which are used to attract attention to, advertise, announce, or communicate information of any kind to the public.

Signs which include strings of small lights around doors or windows.

Signs, displays or other installations that include balloons, streamers, or other similar notice-attracting features.

Inflatable signs.

Projecting signs.

Signs located in such a manner to constitute a potential traffic hazard or obstruct the view of any authorized traffic sign or signal device, or designed to resemble or conflict with any authorized traffic control sign.

Signs emitting audible sounds.

Signs in the public right-of-way, except for signs posted by a Federal, State, or local governmental entity with permission of the City and application notices posted in accordance with CMC § 17.46.070(A)(1).

Termination of Approved Applications. Approved applications for signs and brackets shall be considered null and void when any of the following conditions are found to exist:

Removal of Abandoned Commercial Signs. A sign may be deemed abandoned if, for a period of 90 days or more, the sign refers to a commercial use that no longer exists or a product or service which is no longer available at the premises where the sign is located, and the sign has remained in place or not been maintained to reflect a current commercial use.

Signs and supporting brackets abandoned due to a closing of a business, change in the business name, or for any other reason shall be removed by the permit holder and/or owner of the building or premises within 10 days from the date of the action that they are deemed abandoned by the Director. The Director's decision that a sign has been deemed abandoned shall be sent by certified mail to the permit holder at the last known address and to the property owner as shown on the latest County Assessor's roll. Said notice of decision shall include:

Applicability. This section shall apply to all water entering the storm drain system generated on any developed and undeveloped lands within the City.

Administration.

Discharge Prohibitions.

Regulations and Requirements.

Inspection and Monitoring.

Enforcement.

The purpose of this chapter is to protect and enhance coastal waters within the City of Carmel in accordance with the policies of the City's Local Coastal Plan (Sections O5-45 and O5-46), Sections 30230, 30231, 30232 and 30240 of the California Coastal Act, and the City's Phase II NPDES permit requirements. To implement the certified land use plan, application submittal requirements, development standards, and other measures are provided to ensure that permitted development shall be sited and designed to conserve natural drainage features and vegetation, minimize the introduction of pollutants into coastal waters to the maximum extent practicable, limit the discharge of stormwater runoff, and protect the overall quality of coastal waters and resources. All new development and redevelopment within the City shall comply with the requirements in this Chapter and in the City's Low Impact Development Guidance Manual (LID Guidance Manual) in Appendix I[1] to this chapter. (See Chapter 17.42 CMC and CMC § 17.42.020(D)(1)(b).)

The intent of this chapter is to address the following principles:

For all projects requiring implementation of an erosion and drainage control plan (subsection (A)(1) of this section), water quality mitigation plan (subsection (D) of this section), or stormwater management plan, the following information shall be submitted with an application for a coastal development permit according to the requirements listed below.

All development that requires an erosion and drainage control plan shall require the implementation of appropriate site design and source control BMPs from subsection (D) of this section and Section 3.0 of the City's LID Guidance Manual in Appendix I[1] to this chapter to minimize post-construction polluted runoff. The project plans submitted with the permit application should also specify any treatment control or structural BMPs that the applicant elects to include in the development to minimize post-construction polluted runoff, and include the operation and maintenance plans for these BMPs.

Less Than Significant Impacts. The following land uses and projects are generally presumed to have a less than significant project-specific water quality impact. These include redevelopment projects that reduce the amount of impervious surfaces on the site, do not change the land use or potential pollutants and are not one of the categories of development requiring a WQMP; and new development and redevelopment projects that incorporate into the project design construction BMPs for erosion, sediment and construction waste control and incorporate post-construction BMPs to protect sensitive riparian or wetland resources, reduce the quantity of runoff, and treat runoff generated by the project to pre-project levels.

Post-Construction Phase Requirements – Water Quality Mitigation Plan. Plans detailing how stormwater and polluted runoff will be managed or mitigated will be required for all projects that require an erosion and drainage control plan. The basic design elements for all projects (see subsection (B) of this section) will demonstrate how the project will use appropriate site design and source control BMPs to minimize adverse effects of the project on water quality. For certain categories of development a water quality mitigation plan will be required showing how treatment control (or structural) BMPs will be used (in addition to site design and source control BMPs) to minimize the discharge of polluted runoff from the project.

A water quality mitigation plan (WQMP) shall be required for all development that requires an erosion and drainage control plan and either fails to address water quality impact using site design and source control measures or is in a category of development identified below. In addition to the site design and source control BMPs required for a stormwater management plan, the WQMP shall include treatment control (or structural) BMPs identified in Section 4.0 of the City's LID Guidance Manual in Appendix I to this chapter to minimize post-construction polluted runoff. The WQMP shall also include the operation and maintenance plans for these BMPs.

Special Categories of Development. A WQMP shall be required for projects that fall into one or more of the following categories of development and are not able to meet the appropriate treatment controls for the specific pollutants associated with those development types as set forth in the City's LID Guidance Manual in Appendix I to this chapter as part of the design:

CEQA. Provisions of this section shall be complementary to, and shall not replace, any applicable requirements for stormwater mitigation required under the California Environmental Quality Act or Chapter 17.42 CMC.

The developer's signed statement accepting responsibility for maintenance until the responsibility is legally transferred; and either

A signed statement from the public entity assuming responsibility for structural and treatment control BMP maintenance and that it meets all local agency design standards; or

Written conditions in the sales or lease agreement, which require the recipient to assume responsibility for maintenance and conduct a maintenance inspection at least once a year; or

Written text in project conditions, covenants, and restrictions (CCRs) for residential properties assigning maintenance responsibilities to the homeowners association for maintenance of the structural and treatment control BMPs; or

Any other legally enforceable agreement that assigns responsibility for the maintenance of post-construction structural and treatment control BMPs.

BMP Requirements and Implementation. All development shall be evaluated for potential adverse impacts to water quality and the applicant shall consider site design, source control and treatment control BMPs in order to minimize polluted runoff and water quality impacts resulting from the development. A SWMP requires the implementation of site design and source control BMPs, as specified in CMC § 17.43.030(B), and a WQMP requires the implementation of site design, source control and treatment control BMPs, as specified in CMC § 17.43.030(C). In order to maximize the reduction of water quality impacts, BMPs should be incorporated into the project design in the following progression: (1) site design BMPs, (2) source control BMPs, and (3) treatment control BMPs. Examples of these BMPs can be found in the City's LID Guidance Manual in Appendix I[1] to this chapter.

BMP Selection Process. In selecting BMPs to incorporate into the project design, the applicant should first identify the pollutants of concern that are anticipated to be generated as a result of the development. The City's LID Guidance Manual in Appendix I to this chapter should be used as a guide in identifying these pollutants of concern. Pollutants generated by the development that exhibit one or more of the following characteristics shall be considered primary pollutants of concern:

Sizing of Treatment Control BMPs. Where post-construction treatment controls are required, the BMPs (or suites of BMPs) shall be designed in accordance with the requirements contained in the City's LID Guidance Manual in Appendix I to this chapter to infiltrate and/or treat the amount of stormwater runoff that will come from the project site, with an appropriate safety factor (i.e., two or greater), for flow-based BMPs.

The term "treatment" includes physical, biological and chemical processes such as filtration, the use of bioswales, detention and retention ponds and adsorption media. The actual type of treatment should be suited to the pollutants generated by the development as indicated in the City's LID Guidance Manual in Appendix I to this chapter.

Development on Steep Slopes. Specific requirements for development on steep slopes are contained in Section 2.5.2 of the LID Guidance Manual in Appendix I to this chapter.

Cumulative Impacts. Because of the City's designation under the Phase II NPDES regulations, all discretionary projects (except those that do not result in a physical change to the environment) within the urbanized area whose contributions are cumulatively considerable must implement one or more best management practices to reduce their contribution to the cumulative impact.

Commercial Development. Commercial development shall be designed to control the runoff of pollutants from structures, parking and loading areas. The following general measures shall be implemented to minimize the impacts of commercial development on water quality. Specific requirements for commercial development are contained in the City's LID Guidance Manual in Appendix I[1] to this chapter.

Restaurants. Restaurants shall be designed to minimize runoff of oil and grease, solvents, phosphates, and suspended solids to the storm drain system.

Gasoline Stations and Automotive Repair Facilities. Gasoline stations and automotive repair facilities shall be designed to minimize runoff of oil and grease, solvents, car battery acid, coolant and gasoline to stormwater system.

Outdoor Material Storage Areas. Outdoor material storage areas refer to storage areas or storage facilities used solely for the storage of materials. Improper storage of materials outdoors may provide an opportunity for toxic compounds, oil and grease, heavy metals, nutrients, suspended solids, and other pollutants to enter the stormwater conveyance system.

Trash Storage Areas. A trash storage area refers to an area where a trash receptacle or receptacles are located for use as a repository for solid wastes. Loose trash and debris can be easily transported by the forces of water or wind into nearby storm drain inlets, channels, and/or creeks.

Minimizing impervious areas;

Increase rainfall infiltration;

Minimize directly connected impervious areas (DCIAs).

Applications for subdivisions or lot line adjustments shall be submitted to the Director of the Department of Community Planning and Building and shall include the following information plus additional information required by the City:

A tentative record of survey map shall be filed with the application in recognition of the possibility that the map will have to be changed before approval is granted. The applicant may file with the application a record of survey map ready for filing with the County Recorder but s/he does so at his own risk. The zoning and building data map is to be filed separately because the information on it is not required for a record of survey map.

Only legal lots may be subdivided or the subject of a lot line adjustment. No subdivision or lot line adjustment shall be approved which increases or creates a zoning nonconformity or is inconsistent with the policies of the certified Local Coastal Land Use Plan. All lots and sites created shall comply with minimum standards established for the zoning district which the property is located and with any other relevant requirements of the certified Local Coastal Implementation Plan.

No subdivision or lot line adjustment shall be approved which increases or creates a zoning violation or any other kind of illegality.

No lot line adjustment shall be approved that could lead to the creation of an additional building site unless a parcel map is prepared. For example, if the minimum lot size is 4,000 square feet and there are two adjoining lots, one of which is 7,000 square feet and another of 5,000 square feet, no lot line adjustment shall be allowed which would result in one lot of 8,000 square feet and one lot of 4,000 square feet because the newly created lot of 8,000 square feet could possibly be divided into two lots of 4,000 square feet.

Until there is sufficient water allocated in the City's water management program to provide for development of all existing lots of record within the City no subdivision or lot line adjustment application shall be approved that would result in the creation an additional lot of record, parcel, or building site if such creation would increase the demand for water resources.

Approval of a subdivision or lot line adjustment shall be conditioned upon all zoning requirements being met on all lots involved in the subdivision or lot line adjustment. The Planning Commission may expect preexisting zoning nonconformities from this requirement if compliance is determined not to be in the public interest or contrary to the General Plan.

If, when curing a nonconformity or illegality that would be created by a lot line adjustment, one side of a building must be moved because it is too close to the proposed new line, another side of the building which is nonconforming shall not be required to be conformed unless the building is moved, demolished, or rebuilt.

Lot line adjustments increasing the average length of frontage on public streets for each lot involved in the lot line adjustment shall be encouraged.

Lot line adjustments tending to straighten lot lines shall be encouraged.

Lot line adjustments tending to cause lots to be more rectangular in shape shall be encouraged.

Where, in the opinion of the Planning Commission, curing of existing nonconformities is deemed reasonable when considering the public health, safety and welfare as well as the financial cost, the cure of such nonconformities shall be required.

Other conditions may be required as the City deems reasonable and proper for the protection of the public health, safety and welfare.

Where a subdivision or lot line adjustment will result in or lead to the relocation of driveways or parking places on private property, the effect of such relocation on existing trees shall be taken into consideration and conditions reasonably related to the protection of existing trees and the location of driveways and parking places shall be established. No subdivision or lot line adjustment shall be approved that would require removal of a significant tree or create a building site that would not be viable without removing one or more significant trees.

All subdivisions and lot line adjustments approved shall comply with the minimum lot or parcel sizes established for the zoning district where the property is located.

Subdivisions and lot line adjustments resulting in the creation of additional building sites shall be approved only when consistent with the general pattern of lot sizes found in the immediate neighborhood (within 300 feet of the site) and when significant vegetation and other environmental resources on the site will be protected.

When determined to be consistent with the General Plan/Coastal Land Use Plan, approval of subdivisions and lot line adjustments shall include easements for protection of natural resources and/or coastal resources, including but not limited to, scenic views, sensitive habitats, wetlands and coastal accessways. When establishing new lots and/or lot boundaries the decision-making body shall consider the physical constraints and biological constraints of the property and ensure that there will be sufficient buildable area to allow reasonable development on each lot affected after deducting areas limited by easements, slopes and other factors.

Certification Letter. The Planning Commission may request a report from the Director of Public Works and the City Forester before approving an adjustment. Upon approval of a lot line adjustment by the Planning Commission, the Director shall certify by letter the fact of approval. The certification letter shall be sent to the applicant. A copy of the certification letter and the final record of survey map or parcel map shall be sent by the Director to the County Surveyor or other appropriate County official.

Denial. If the request for the subdivision or lot line adjustment is denied, the Director shall send a denial letter to the applicant.

Purpose. The purpose of this chapter is to establish comprehensive requirements and development standards for the siting, design, construction, maintenance and modification of wireless facilities in Carmel-by-the-Sea, including on public and private property and in public rights-of-way, in order to manage their deployment and minimize adverse aesthetic impacts to Carmel-by-the-Sea's unique village character, consistent with and to the full extent of the City's authority under Federal and California law.

Findings. The City Council hereby finds that:

Generally Applicable Definitions.

Additional Definitions Applicable to Eligible Facilities Requests (EFRs) Only.

General. This chapter applies to all requests for the City's regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities on property within the City's territorial and jurisdictional boundaries, unless expressly exempted pursuant to subsection (B) of this section. This includes permit applications submitted to the City for decision in its regulatory capacity for wireless facilities on property or structures owned or controlled by the City and located within the City, including in public rights-of-way; provided, however, that this chapter does not govern whether or under what terms and conditions the City, in its capacity as the property or structure owner, would lease, license or otherwise allow a wireless facility on such property or structures.

This chapter shall not be applicable to the following:

Location Standards. When considering compatibility of a location and structure for Type I, Type II, Type III and Type IV wireless facilities, the City requires applicants to propose those that will be the least intrusive to community character and values. Subsection (B) of this section provides a ranking that describes zoning districts where wireless facilities are least compatible to most compatible with other uses. Subsection (C) of this section provides the City's preference for placements on parcels over public rights-of-way. Subsection (D) of this section provides structure rankings. Subsection (E) of this section provides additional special considerations for site selection on public rights-of-way.

Ranked Locations. Applicants must propose placement in locations with the least intrusive land use designation (i.e., zoning) technically feasible and potentially available. Applications proposing placement in Tier I or II must include a written justification as part of the application submittal, supported by factual and verifiable evidence, that shows no location in a Tier III land use tier is technically feasible and available. The following land use tiers are ranked from least compatible to most compatible:

Senior citizen facility (A-3), multifamily residential (R-4), single-family residential (R-1), and residential and limited commercial (RC).

Improved parklands (P-2), natural parklands and preserves (P-1), and theatrical (A-1).

Central commercial (CC), service commercial (SC), and community and cultural (A-2).

Preference for Placement on Public and Private Parcels Over on Public Rights-of-Way. Placement on public and private parcels is strongly preferred over placements in the public rights-of-way because Carmel's public rights-of-way are narrow in width (26 to 34 feet), with few gutters or sidewalks. Limiting wireless facilities in public rights-of-way is necessary: (1) to ensure that the flow of pedestrian and vehicular traffic, including ingress to, or egress from, any residence, public building, or place of business or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles, is maintained; (2) to provide reasonable access for the use and maintenance of sidewalks, pathways, hydrants, restrooms, trash receptacles, firefighting apparatus, as well as access to locations used for public transportation services; (3) to ensure no interference to the performance of police, firefighter, and other emergency medical personnel; and (4) to maximize public access in the commercial districts and along the coast which have unusually high pedestrian and vehicular traffic volumes. Applications proposing placement in the public right-of-way must include a written justification as part of the application submittal, supported by factual and verifiable evidence, that shows placement on a parcel is not technically feasible and available.

Structure Selection. Applicants shall propose placement on the most compatible structure that is technically feasible and available. Any application to place a wireless facility on a structure other than the most compatible structure must include a written justification, based on factual and verifiable evidence, that shows no more compatible structure is technically feasible and available.

Additional Special Considerations for Locations in the Public Right-of-Way.

Design Standards.

Standards Applicable to Type V Wireless Facilities. Type V applications are evaluated under the criteria for an eligible facilities request established by Federal law and FCC regulations to determine whether or not the request involves a "substantial change" to an "eligible support structure" as these terms are defined in CMC § 17.46.020. Type V applications also must comply with any generally applicable law, regulation, rule or standard or permit condition reasonably related to public health or safety.

Application Types.

Submittal Requirements.

Completeness Review By Director.

Consultants.

Director Denial Without Prejudice Due to Failure to Respond to Notice(s) of Incompleteness. To promote efficient review and timely decisions, any application governed under this chapter regardless of type may be denied by the Director without prejudice when the applicant fails to tender a substantive response to the City within 120 calendar days after the Director deems the application incomplete in a written notice to the applicant. The Director, in the Director's discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the one hundred twentieth day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant's reasonable control.

Environmental Review. Environmental review of the proposed project to protect and assure that citizens of the community contribute to the preservation and the enhancement of the environment shall be performed in accordance with Chapter 17.60 CMC.

Fire Safety Authority Review. After submittal by the applicant, the relevant application materials shall be transmitted to the Fire Safety Authority for their review and any recommended conditions.

Staff Report and Recommendations. A staff report shall be prepared for Type I through IV applications involving a public hearing. Staff reports shall evaluate the compliance of the proposed project with the applicable City policies, regulations and requirements. The report shall recommend, with appropriate findings, the approval, approval with conditions, or disapproval of the application, based on the project evaluation. The report and supporting materials will be made available to the public in advance of the public hearing.

Application Submittal Notices – For Types I Through V.

Public Hearing Notices (For Types I Through IV). Public hearing notices shall be provided consistent with the requirements of CMC § 17.52.110, except that the mailing radius shall be 500 feet.

Public Hearings (For Types I Through IV). The Planning Commission shall conduct a public hearing upon each conditional use permit application, consistent with the procedures in CMC § 17.52.160.

Decision Notices.

Appeals.

Types I to IV Applications.

Type V Applications (EFRs).

Special Exceptions for Federal or State Preemption or Minor Deviations in Design (Types I to IV Only).

Wireless Facility Standard Terms and Conditions. All wireless facilities approved under this chapter or deemed approved by the operation of law shall be automatically subject to the wireless facility standard terms and conditions adopted by the Planning Commission by resolution, unless modified by the reviewing authority in an approval decision.

Modified Approval Conditions. The reviewing authority, when granting approval of a permit application, may modify, add to or remove standard conditions set forth in the wireless facility standard terms and conditions adopted by the Planning Commission by resolution, as the reviewing authority deems necessary or appropriate to: (1) protect and/or promote the public health, safety and welfare; (2) tailor the standard conditions to the particular facts and circumstances associated with the project; and/or (3) memorialize any changes to the proposed project needed for compliance with the City's Municipal Code, generally applicable health and safety requirements and any other applicable laws.

When necessary for the construction of streets or buildings on public property;

When determined by the Chief of Police to be necessary for traffic safety; or

When ordered by the City Council.

Trees on Private Property.

Trees on Public Property. Any person desiring to remove or prune any portion of a tree or shrub, except Genista, growing in or upon any public street, way, park, or place within the City, or any person desiring to cut any wood, foliage, or roots from any tree on private property when more than one-half of the basal cross-sectional area of such tree is on City property, shall file an application for a permit consistent with CMC § 17.48.060, Permit Applications. If, in the opinion of the City Forester, the tree or trees should be removed because of disease, infestation, or clear and present danger to persons or property, the trees shall be removed at City's expense.

Review Procedures. Following submittal of a permit application, the City Forester shall:

Removal Without Posting. In exceptional circumstances in which it would cause substantial physical property damage loss or danger to delay removal until the Forest and Beach Commission's next meeting, the City Forester may approve removal without the required posting, providing such approval unquestionably conforms to the policy and the practice of the Forest and Beach Commission. The Forester will report permit actions at the next meeting of the Forest and Beach Commission.

Required Reports. The City Forester will report her/his action at the next meeting of the Forest and Beach Commission.

Conditions of Approval. The City Forester or Forest and Beach Commission may condition a permit on replacement trees being planted at a place, of a species and of a size designated by the City Forester or Forest and Beach Commission. The person requesting the permit will be required to pay the cost of obtaining and planting the replacement trees.

Permit Limitations. Any permit granted under this chapter is nontransferable and shall expire one year from date of issuance. In the event a permit for tree removal is granted, in order to enable the applicant to carry out some project of development or improvement of her/his property, such permit shall be effective only in connection with the issuance of a valid building permit.

Not Related to Construction. When not related to construction or development, removal of significant trees is prohibited unless authorized by the Forest and Beach Commission consistent with the following finding:

Related to Construction. Removal of significant trees to facilitate construction or development is prohibited unless one of the two following findings is met:

Tree Replacement. When tree replacement is required by this chapter, the following requirements apply.

When not related to construction or development, removal of significant trees is prohibited unless authorized by the Forest and Beach Commission consistent with findings in CMC § 17.48.070, Findings Required for Significant Trees.

Removal of any significant tree as determined by the City Forester using the adopted Significant Tree Evaluation Worksheet (see Appendix B[1]) to facilitate residential development is prohibited unless necessary to provide a viable economic use or protect public health and safety.

Planting Specifications. Required trees may be securely guyed, braced, and/or staked at the time of planting until establishment. All plants shall be installed so that the top of the rootball remains even with or slightly above the soil grade. The top one-third of burlap shall be removed from the root ball at planting. If used, nylon strapping and wire cages shall be completely removed at installation. All guys and staking material shall be removed when the tree is stable and established. Construction debris shall be kept clear from the planting area.

Protection of Existing Trees.

Protection of Trees to Be Planted. Trees required to be kept on a building site and trees required to be planted as a condition of tree removal permit approval shall be maintained according to accepted arboricultural practices for a minimum of five years from the completion of construction or the date that the tree is planted.

Trees on Private Property. The property owner is responsible for the maintenance and trimming in accord with this chapter.

Trees Partially on Private Property. When more than one-half of the basal cross-sectional area of a tree is on private property and the remainder on City property, the City shall not prune wood, foliage, or roots except when:

Trees on Private Property. Any trees, shrubs and other plants growing on private property, when infested by any insect or infected by any disease threatening the life of same, or which by reason of such infestation or infection endanger the life or growth or healthful existence of other trees, shrubs or other plants within the City not so infested or infected, or any trees determined by the City Forester to be a clear and present danger to persons or property, may be declared, by resolution of the City Council, to be a public nuisance and thereafter abated as provided for in this chapter.

Trees on Public Property. Any tree, shrub or other plant growing on City property, when infested by any insect or infected by any disease threatening the life of same, or which by reason of such infestation or infection endangers the life or growth or healthful existence of other trees, shrubs or other plants within the City not so infested or infected, or any trees determined by the City Forester to be a clear and present danger to persons or property, shall be removed as directed by the City Forester.

Nuisance Abatement. Following the City Forester declaration that a tree is diseased or a nuisance and shall be removed, the following is required.

Responsibilities of the City Forester.

Responsibility of Building Official. It shall be the responsibility of the Building Official to inform every applicant for a building permit of the restrictions of this chapter.

Notice of Forest and Beach Commission Public Hearing. Notice of public hearing shall be posted in a conspicuous place on, or immediately adjacent to, the subject property.

Field Inspections. Unless otherwise provided in this section, all development subject to this section may be inspected by the City Forester for conformance with the requirements of this Chapter and the tree removal permit.

Certification of Compliance. In addition to initial field inspection and certification by the City Forester, the land owner shall submit a certificate of compliance, in a form approved by the Director, as a condition of issuance of a certificate of occupancy or certificate of completion. This certificate shall be prepared and signed by a certified arborist and demonstrate that all of the provisions of this section have been met. The certification statement shall appear on the certification report.

Appeals. Any appeal from a decision of the Forest and Beach Commission shall be taken by filing a notice of appeal in writing in the office of the City Clerk prior to the close of the fifth day of business following the day of action by the Commission. A fee, in an amount as established from time to time by resolution of the City Council, shall be charged for filing the appeal. Any notice of appeal shall set forth the specific ground or grounds upon which the appeal is taken. The signature of at least one signer of the appeal shall be verified before a person authorized under the laws of the State of California to administer oaths.

Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A violation of any of the provisions or failure to comply with any of the mandatory requirements of this chapter shall constitute an infraction.

Penalties. Any person convicted of an infraction under the provisions of such sections shall be punishable by fine only as follows: Upon a first conviction, by a fine not exceeding $250.00, and for a second conviction or any subsequent conviction within a period of one year, by a fine not exceeding $500.00.

Suspension of Permit. Removal of trees, pruning or root removal without a permit shall be grounds for suspension of any permits granted for construction or demolition for a period of up to 90 days, said period of time to be determined by the City Forester. During the suspension period, the property owner or her/his designee shall make application to the Forest and Beach Commission to obtain the necessary permit. Upon the review of the application, the Forest and Beach Commission:

Reduces unnecessary water consumption in existing and new development;

Provides a process for dedication of the City's limited water resources in new development;

Establishes a process for determining the broad land use categories to be served through allocations of existing and future water resources available to the City; and

Implements the General Plan and Coastal Land Use Plan.

Uniform Standards for Plumbing Fixtures. The use of water-conserving plumbing fixtures shall be required for all new construction. All existing plumbing fixtures within any building that do not comply with the adopted standards for water conservation shall be replaced with complying fixtures upon issuance of any building permit authorizing substantial construction. Standards for water-conserving plumbing fixtures and the criteria for when such fixtures are required are established in Chapter 15.28 CMC.

Landscaping Standards. It is recognized that the irrigation of plants used in landscaping can consume large quantities of water. Proper design of irrigation systems and proper selection of plant species can significantly reduce water consumption while achieving a more natural appearance in community design through the use of native plants and other species habituated to the central coast. See landscaping standards contained in Chapter 17.34 CMC, Landscaping.

Allocation. Following a public hearing, the City Council shall establish an allocation of water resources available for increased use by adopting an allocation resolution. The resolution shall define:

Planning Commission Review and Monitoring. Before adoption of an allocation resolution, the City Council shall consider recommendations on the appropriate distribution of water to implement the General Plan and the Local Coastal Program as determined by the Planning Commission. Each allocation resolution shall reserve at least 10 percent of available water resources for projects that will create new affordable housing units for moderately low-, low- or very low-income households. Each allocation resolution also shall ensure that water is reserved for anticipated projects serving coastal recreation, access and essential public services. The allocation resolution shall remain in effect until replaced by a subsequent resolution containing the same information, and following the same process as outlined above. The Planning Commission should review water allocations for consistency with the General Plan and the Local Coastal Program on an annual basis and forward any recommendations for change to the City Council during the last month of each calendar year.

Unallocated Reserves. Water held in unallocated reserves shall not be used for any project or land use change until transferred to a defined allocation category. Such transfers shall be made by adopting a new allocation resolution as described in subsection (A) of this section. Reserves are intended to provide a means of adjusting water allocations to respond to changing conditions and General Plan policy. If new water resources become available to the City by action of the Monterey Peninsula Water Management District, they shall be placed in unallocated reserves administratively until distributed to other categories through adoption of a new allocation resolution.

Acceptance of Applications. The Department of Community Planning and Building shall monitor the water allocations established by resolution of the City Council (CMC § 17.50.030, Allocation of Water Resources). Each proposed change in land use or project for which an application is submitted shall be evaluated to determine whether its approval could result in a net increase in water use as defined by the Water Management District. Projects involving no net increase in water use or that will create new housing affordable to moderate, low- or very low-income households may be accepted and processed without regard to water allocations. For projects that may result in a net increase in water use, the following procedure shall be used by the Department:

Approval of Applications. Once an application for a project requiring water resources has been approved, the Department shall permanently reduce the remaining balance within each allocation category affected by the project and shall issue a water release to the Monterey Peninsula Water Management District authorizing a debit to the City's water allocation. This action shall terminate the temporary pre-commitment of water resources and create a permanent dedication of water resources to the project, subject to all applicable time limits established in the permit or by the municipal code.

Abandonment of Dedicated Water Resources. Upon making a determination that a water release has expired without use, or that time limits applicable to a project have expired without implementation, all water previously dedicated to a project, but not used, shall be considered abandoned. All water abandoned or not used by such unimplemented projects shall be returned to the allocation category from which it originated and shall become available for use by subsequent projects. For projects that are implemented and water demand was overestimated, any remaining, unused water shall be credited back to the City's unallocated reserve.