Carmel By The Sea City Zoning Code
Division V
PROCESSES AND AUTHORITIES
§ 17.52.005 Purpose.
The purpose and intent of this chapter is to establish the procedures and authorities for review of permits required by this title to ensure consistency with the City's General Plan and zoning standards. It is also the purpose of this chapter to establish the process for the review of all development within the coastal zone of the City of Carmel-by-the-Sea to ensure that it will be consistent with the provisions of the City of Carmel-by-the-Sea's Local Coastal Program, the California Coastal Act and the California Code of Regulations Title 14 Division 5.5.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.52.010 Designation of Planning Agency.
In order to carry out its responsibility for planning and zoning, the City Council designates the Planning Commission as the planning agency of the City. The Planning Commission shall consist of five members, residents of Carmel-by-the-Sea and appointed by the Mayor with concurrence of the City Council.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.52.020 Development Applications.
A.
Applications. Any development as defined in CMC § 17.70.020 and not otherwise exempt, and all other activities activity subject to discretionary review and approval as established by this title shall require the filing of an application with the Director using forms and containing information as required by the City. Such application shall be accompanied by required fees as established by resolution of the City Council. Decision-making bodies established by the City may initiate a proceeding leading to the issuance of a permit, and in such case no fee shall be required.
B.
Notice to Applicant. The Director shall inform the applicant in writing within 30 calendar days of receipt that the application is complete or that additional information is needed to complete the application.
C.
Acceptance of Application. Upon acceptance of the application as complete, the Director shall review the application and prepare the necessary staff analysis of the proposed project, including an initial environmental review, if required. The application and the accompanying staff analysis shall then be set for review and decision by the appropriate decision-making body.
D.
Permit Streamlining.
1.
Within 30 days of the date the City receives any application for a development permit as defined by State law, the Department shall review the application to determine if it is complete and provide written notification to the applicant. As part of the review for completeness, the Director shall determine:
2.
The review of development permit applications for projects that are not subject to environmental review or for which a negative declaration has been prepared and adopted shall be completed within 60 days of the date the application is complete. However, if the applicant modifies the application, or if the applicant submits a written request for a time extension, the maximum time period for review may be extended for up to 90 additional days.
3.
The preparation and certification of the final environmental impact report (EIR) for projects that are subject to environmental review or for which an EIR is needed, shall be completed within one year of the date that an application is accepted as complete. Upon the mutual consent of the Director and the project sponsor, this one-year time limit may be extended once for a period of not more than 90 days pursuant to CEQA Guidelines Section 15108. City action on such projects shall be completed within 180 days of the certification of the EIR unless the time for preparation of the EIR has been extended. In that case, City action is required within 90 days of certification.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.52.030 Duties and Powers of the Director.
The Director shall be responsible for implementing the Carmel-by-the-Sea General Plan and administering CMC Title 17, "Coastal Implementation Plan and Zoning Ordinance," of the Carmel-by-the-Sea Municipal Code. The Director shall have the following power and responsibilities:
A.
To approve all administrative permits issued pursuant to this title.
B.
To determine the applicable land use classification(s) of existing and proposed uses.
C.
To issue business licenses.
D.
To approve a change in use, provided the proposed use is permitted without condition.
E.
To determine applicable categories for the processing of development applications including whether a project is subject to requirements for development permits, and if so, whether the permit is appealable to the Coastal Commission. The Director's determination of coastal development permit category may be appealed in compliance with Chapter 17.54 CMC, Appeals, and California Code of Regulations Section 13569.
F.
To approve the merger or consolidation of lots or lots and lot fragments pursuant to CMC § 17.10.040(B), Lot Mergers.
G.
To make environmental determinations regarding the use of exemptions and whether environmental review is required for discretionary permits.
H.
To administer Carmel-by-the-Sea's water management program.
I.
To review public works projects for consistency with Carmel-by-the-Sea's General Plan and Local Coastal Program.
J.
To ensure that development is executed and completed according to the approved plans and that all permit conditions and mitigations are fully implemented and carried out in a timely manner.
K.
To ensure that public notice requirements are met for deliberation on all administrative permits and all permits to be issued by the Historic Resources Board or the Planning Commission.
L.
To refer any decision to an appropriate higher level, including the Historic Resources Board, the Planning Commission, or the City Council.
M.
To authorize temporary uses of private property in compliance with CMC § 17.52.100(I), Temporary Events.
§ 17.52.040 Director Approved Temporary Uses.
Director approved temporary uses may be granted in the situations described in CMC § 17.52.100(I).
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.52.050 Duties and Powers of the Design Review Board.
Repealed by Ord. 2009-07.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.52.060 Duties and Powers of the Planning Commission.
The Planning Commission as the designated planning agency of the City shall have the following power and responsibilities:
A.
To develop and maintain a General Plan.
B.
To develop specific plans, master plans and area plans as may be necessary or desirable.
C.
To periodically, at least once each fiscal year, review the capital improvement program of the City.
D.
To determine the consistency of capital improvements projects and programs with the General Plan.
E.
To prepare an annual report to the City Council on the status of the General Plan and progress in its application.
F.
To interpret the meaning and intent of the City's land use code.
G.
To hear and render decisions on appeals of discretionary decisions made by administrative officials.
H.
To review environmental impact reports and initial studies.
I.
To conduct public hearings, review evidence and determine requests for use permits, variances, lot line adjustments, subdivisions, rezones and land use code amendments.
J.
To act on design review and design study applications.
K.
To act on projects subject to coastal permit requirements when such projects are within the categories listed above.
L.
To review the water management plan annually.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009)
§ 17.52.070 Variances.
Only the development standards listed below shall be subject to modification through issuance of a variance:
A.
Maximum site coverage and minimum open space regulations;
B.
Minimum street frontage regulations;
C.
Maximum height regulations;
D.
Minimum front, side or rear yard setback dimensions; and
E.
Minimum parking requirements.
All variances require approval by the Planning Commission. Only when the findings listed in CMC § 17.64.210, Variance, can be supported shall the Planning Commission grant a variance.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.52.080 Use Permits.
When findings required in Chapter 17.64 CMC, Findings Required for Permits and Approvals, can be supported, the Planning Commission may issue use permits for the following:
A.
Uses which are expressly permitted by this code upon the issuance of such a permit;
B.
Extend the period during which a nonconforming use in any district may be discontinued without the property owner losing his right to reestablish such nonconforming use; provided, however, that such extension shall not exceed six months;
C.
Allow the commercial extraction of natural materials;
D.
Permit the use of a parcel of land having an average slope of 30 percent or greater as measured from any one property line to another to be used as a building site. Through the use permit process, the following issues shall be addressed:
1.
Slope stability, both long-term and during construction;
2.
Site access for occupants, vehicles and emergency response services;
3.
Site drainage and erosion, both long-term and during construction;
4.
Impacts from proposed grading and construction activity on soils, vegetation and environmental resources;
5.
Impacts on public and private views.
E.
Permit an exterior display of specific merchandise in a specific, defined area on private property in the commercial district, providing all of the following conditions exist:
1.
The proposed area of merchandise display is not out of scale or incompatible with surrounding uses or with the use of adjacent open spaces, walkways or rights-of-way;
2.
The display is adjacent to and contiguous with the specific use and is representative of the general line of merchandise;
4.
The display will not interfere with the free movement of pedestrian traffic.
F.
Any sink other than kitchen sinks located in a kitchen, bar sinks located in a kitchen, dining room or family room, lavatory sinks located in a lavatory/bathroom, or laundry sinks located in a laundry room or garage;
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.52.090 Coastal Development Permit Required.
A.
Except as otherwise provided in this chapter, any person wishing to undertake any development in the coastal zone shall obtain a coastal development permit in accordance with the provisions of this chapter. Development undertaken pursuant to a coastal development permit shall conform to the plans, specification, terms and conditions of the permit. The requirements for obtaining a coastal development permit shall be in addition to requirements to obtain any other permits or approvals required by other City ordinances or codes or from any State, regional or local agency.
B.
The review of a coastal development permit application may be combined with and/or processed concurrently with the review of any other discretionary permit application required by other City ordinances.
C.
All development proposed or undertaken on tidelands, submerged lands or on public trust lands, whether filled or unfilled shall require a permit issued by the California Coastal Commission in accordance with procedures specified by the Coastal Commission, in addition to other permits or approvals required by the City.
D.
Where a proposed project straddles the boundaries of the City of Carmel-by-the-Sea and another local jurisdiction or where a proposed project straddles the boundaries of the City's coastal development permit jurisdiction area and the Coastal Commission's retained jurisdiction area, the applicant shall obtain separate coastal development permits from each jurisdiction.
E.
Any development that increases the height of an existing structure or any significant nonattached structure (such as a garage, fence, shoreline protective work, etc.) by more than 10 percent shall require a coastal development permit except as may be provided in an exclusion order adopted pursuant to CMC § 17.52.100, Development Excluded from Coastal Permit Requirements.
F.
Any development that would increase existing floor area by more than 10 percent or is on a site subject to a previous addition that, when combined with the proposed development, would increase floor area by more than 10 percent beyond what existed upon adoption of this section shall require a coastal development permit, except as may be provided in an exclusion order adopted pursuant to CMC § 17.52.100, Development Excluded from Coastal Permit Requirements.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.52.100 Development Excluded from Coastal Permit Requirements.
This section provides a list of classes and types of development that do not require a coastal development permit. Each exemption in this list also contains limits that specify when the exemption does not apply. The following projects are exempt from the requirement to obtain a coastal development permit:
A.
Categorically Excluded Development. Projects or activities specifically identified in a Categorical Exclusion Order certified by the California Coastal Commission consistent with Public Resources Code 30610(e) are exempt from coastal development permit requirements.
B.
Improvements to Existing Single-Family Residences. Except as provided in subsection (D) of this section, improvements to existing single-family residences are exempt from coastal development permit requirements. For purposes of this section, the terms "improvements to existing single-family residences" includes all fixtures and structures directly attached to the residence and those structures normally associated with a single-family residence, such as garages, swimming pools, fences, storage sheds and landscaping. Unless specified in a categorical exclusion order as described in subsection (A) of this section, this exemption for single-family residences shall not apply to establishment of any guesthouse or any Class III Accessory Dwelling Unit, nor to any of the classes or types of development identified in subsection (D) of this section.
C.
Other Improvements. Except as provided below in subsection (D) of this section, improvements to any structure other than a single-family residence or a public works facility are exempt from coastal development permit requirements. For purposes of this section, where there is an existing structure, all fixtures and other structures directly attached to the structure and all landscaping shall be considered a part of that structure.
D.
Limits on Exemptions for Single-Family Residences and other Improvements.
1.
Improvements to a structure if the structure or improvement is located: on a beach, in a wetland, seaward of the mean high tide line, in an environmentally sensitive habitat area, in an area designated as highly scenic in a certified land use plan, or within 50 feet of the edge of a coastal bluff;
2.
On property not included in subsection (D)(1) of this section, that is located within those portions of the beach and riparian overlay district that are west of North San Antonio Avenue or west of Carmelo Street;
3.
Any significant alteration of landforms including removal or placement of vegetation on a beach, wetland, or sand dune, or within 50 feet of the edge of a coastal bluff, or in environmentally sensitive habitat areas;
4.
The expansion or construction of water wells or septic systems;
5.
In areas which the City or Coastal Commission has declared by resolution after public hearing to have a critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified majority water using development not essential to residential use, including but not limited to swimming pools, or the construction of extension of any landscaping irrigation system or other improvement or activity inconsistent with the City's water management plan (Chapter 17.50 CMC);
6.
On property located in significant scenic resources areas City-wide as designated by the City or Coastal Commission, any improvement that would:
a.
Result in an increase of 10 percent or more of internal floor area of an existing structure, or
b.
Result in an additional improvement of 10 percent or less where an improvement to the structure has previously been undertaken pursuant to this section or Public Resources Code Section 30610(a), or
c.
Result in an increase in height of an existing structure by more than 10 percent, and/or
d.
Would add any significant nonattached structure such as garages, fences, shoreline protective works or docks;
7.
Any improvement where the development permit issued for the original structure by the Coastal Commission, regional Coastal Commission, or City indicated that any future improvements would require a coastal development permit.
E.
Repair and Maintenance Activities. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities. The exemption provided in this section shall not apply to the following extraordinary methods of repair and maintenance which require a coastal development permit because they involve a risk of adverse environmental impact:
1.
Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:
a.
Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;
b.
The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective works;
c.
The replacement of 20 percent or more of the materials of an existing structure with materials of a different kind; or
d.
The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area, bluff, or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams.
2.
Any method of routine maintenance dredging that involves:
a.
The dredging of 100,000 cubic yards or more within a 12-month period;
b.
The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, on any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams; or
c.
The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the City or the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.
3.
Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within 50 feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within 20 feet of coastal waters or streams that include:
4.
All repair and maintenance activities that are not exempt shall be subject to the LCP permit regulations, including but not limited to the regulations governing administrative and emergency permits. The provisions of subsection (C) of this section shall not be applicable to those activities specifically described in the document entitled "Repair, Maintenance and Utility Hookups," adopted by the Coastal Commission on September 5, 1978, unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands, or public views to the ocean.
5.
Unless destroyed by natural disaster, the replacement of 50 percent or more of a single-family residence (as measured by 50 percent of the exterior walls), seawall, revetment, bluff-retaining wall, breakwater, groin or any other structure is not repair and maintenance but instead constitutes a replacement structure requiring a coastal development permit.
F.
Utility Connections. The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development which has been granted a valid coastal development permit; provided, however, that the City may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources.
G.
Structures Destroyed by Natural Disaster. The replacement of any structure, other than a public works facility, destroyed by a disaster; provided, that the replacement structure meets all the of the following criteria:
1.
It is for the same use as the destroyed structure;
2.
It does not exceed either the floor area, height, or bulk of the destroyed structure by more than 10 percent; and
3.
It is sited in the same location on the affected property as the destroyed structure.
As used in this section, "structure" includes landscaping and any erosion control structure or device which is similar to that which existed prior to the occurrence of the disaster.
H.
Repair, Maintenance and Utility Hook-Up Exclusions. Repair and maintenance activities, specifically described in the document adopted by the Coastal Commission on September 5, 1978, titled "Repair, Maintenance and Utility Hook-Up Exclusions from Permit Requirements" unless the proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands or public views to the ocean.
I.
Temporary Event. Temporary events as defined in this title and which meet all of the criteria in subsections (I)(1) through (I)(4) of this section:
1.
The event will not occur between Memorial Day weekend and Labor Day or if proposed in this period will be of less than one day in duration including set-up and take-down; and
2.
The event will not occupy any portion of a publicly or privately owned sandy beach or park area; public pier, public beach parking areas or the location is remote with minimal demand for public use, and there is no potential for adverse effect of sensitive coastal resources; and
3.
A fee will not be charged for general public admission and/or seating where no fee is currently charged for use of the same area (not including booth or entry fees); or, if a fee is charged, it is for preferred seating only and more than 75 percent of the provided seating capacity is available free of charge for general public use; and
4.
The proposed event has been reviewed in advance by the Director and the Director determined that it meets the following criteria:
a.
The event will result in no adverse impact on opportunities for public use of or access to the area due to the proposed location and or timing of the event either individually or together with other temporary events scheduled before or after the particular event;
b.
There will be no direct or indirect impacts from the event and its associated activities or access requirements on environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources as defined in this title;
c.
The event has not previously required a coastal development permit to address and monitor associated impacts to coastal resources. For all other proposed temporary events, a coastal development permit must be obtained prior to the event.
J.
Record of Permit Exemptions. The Planning Director shall maintain a record of all those developments within the Coastal Zone that have been authorized as being exempt from the requirement for a coastal development permit pursuant to this chapter. This record shall be available for review by members of the public and representatives of the California Coastal Commission. The record of exemption shall include the name of the applicant, the location of the project, and a brief description of the project and why the project is exempt.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2017-10 § 2, 2017)
§ 17.52.110 Notice of Public Hearing.
When a land use permit or other matter requires a public hearing, the public shall be provided notice of the hearing in compliance with State law (Government Code Sections 65090, 65091, 65094 and 66451.3, and Public Resources Code Section 21000 et seq.), and as required by this chapter. This section shall also constitute the noticing provisions for actions on coastal development permits that are appealable to the Coastal Commission.
A.
Contents of Notice. Notice of a public hearing shall include:
1.
Hearing Information. The date, time, and place of the hearing and the name of the hearing body; the phone number and street location of the Department, where an interested person could call or visit to obtain additional information.
2.
Project Information. The name of the applicant; the City's file number assigned to the application; a general explanation of the matter to be considered; a general description, in text and/or by diagram, of the location of the property that is the subject of the hearing.
3.
Statement on Environmental Document. If a proposed negative declaration or final environmental impact report has been prepared for the project in compliance with the City's CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed negative declaration or certification of the final environmental impact report.
4.
A statement that the development is within the coastal zone.
5.
The system for local and Coastal Commission appeals, including any City fees charged for appeals.
B.
Distribution of Notice. At least 10 calendar days prior to the first public hearing on any residential design study, lot line adjustment, use permit, variance or any other equivalent development application requiring a formal public hearing or action that is appealable to the Coastal Commission, the Director shall cause to be provided notice by first-class mail or by hand delivery of the pending application for the development to all of the following:
1.
Owners of the subject real property, or the owners' duly authorized agent, and the project applicant;
2.
All persons who have requested to be on the mailing list for the subject hearings and who have paid for the mailing of such notice;
3.
The California Coastal Commission;
4.
All owners of real property, as identified on the last equalized property tax assessment roll within 300 feet and all occupants within 100 feet of the perimeter of the parcel for which a coastal development permit is sought;
5.
All owners of real property as identified on the last equalized property tax assessment roll within 100 feet of the perimeter of the parcel for which a design study permit is sought and a coastal development permit is not applicable.
C.
Measuring a Radius. For public notice, whenever this title refers to a distance other than a "walking distance," the specified distance from a particular project shall be measured in a straight line, without regard to intervening structures or objects, perpendicular from all points along the lot lines of the subject project.
D.
Publication and Posting. In addition to the above requirements, notice of hearing shall be published in the official newspaper of the City at least 10 days prior to such public hearing. Notice may also be posted in conspicuous places on the subject property and in other public locations in the City. In satisfying the above notice requirements, the City may require the applicant to assist in the distribution of the notice and to bear reasonable costs associated with the administration of this section.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.52.120 Public Hearing Waivers for Appealable Coastal Permits.
All projects defined as appealable to the Coastal Commission by Public Resources Code Section 30603(a) shall require a public hearing except as provided in this section.
A.
Waiver of Public Hearing for Minor Development. A waiver of a public hearing on a coastal development permit for a development that is appealable to the Coastal Commission is allowed pursuant to Public Resources Code Section 30624.9.
B.
Applicability – Coastal Development Permit. When a public hearing would be required for a project solely because the project requires a coastal development permit that is appealable to the Coastal Commission and the project is consistent with the following criteria, the hearing requirement may be waived:
1.
The project is consistent with the certified Local Coastal Program;
2.
The project requires no approval other than a track one (administrative permit) review by the Director; and
3.
The project has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.
C.
Applicability – Qualifying Developments. Development qualifying for a waiver of a public hearing shall include alterations to property in the R-1, R-4 and commercial district that qualify for track one (administrative permits), and public works infrastructure projects consistent with the Public Way Design Guidelines, Forest Management Plan, Shoreline Management Plan, and those involving no removal of significant trees as determined by the City Forester. Similar development determined by the Director to meet adopted administrative review criteria shall also qualify.
D.
Procedure for Waiver. A public hearing for a project requiring an appealable coastal development permit may be waived for minor development if both of the following occur:
1.
Public notice shall be provided of the pending application consistent with CMC § 17.52.110, Notice of Public Hearing, and including notice that no hearing will be held unless one is requested in writing; and
2.
No request for public hearing is received by the City within 15 working days from the date of the City sending the notice.
E.
Content of Notice. The notice shall include all information required by CMC § 17.52.130(B) and shall also provide a statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal to the Coastal Commission any action taken by the City on the permit application.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.52.130 Public Notice of Nonappealable Development.
A.
Nonappealable Developments That Do Not Require a Public Hearing. The California Code of Regulations, Title 14, Section 13568b, requires that all development within the Coastal Zone (except development that is categorically excluded) must receive public notice, regardless of whether these regulations require a public hearing, before the development can be approved or disapproved. This section provides notice requirements for projects which are (a) not appealable to the Coastal Commission in compliance with Public Resources Code Section 30603(b), not categorically excluded, and (c) do not require a public hearing.
1.
Distribution of Notice. Within 10 days of accepting a permit application for a nonappealable development, or at least 10 days before the City's decision on the application, the City shall provide notice, by first-class mail or by hand delivery, of the pending development approval, to:
a.
All persons who have requested to be on the mailing list for the particular project or for decisions by the City;
b.
All owners of real property as shown on the latest County equalized assessment roll, and residents, within a radius of 100 feet of the exterior boundaries of the parcel involved in the application; and
c.
The Coastal Commission.
2.
Content of Notice. The notice shall contain the information required for public notices in CMC § 17.52.110(A), and the following:
a.
The date the application will be acted upon by the City's review authority;
b.
The City's general procedure concerning the submission of public comments either in writing or orally before the decision is rendered;
c.
A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held before the decision is rendered;
d.
A statement that the development is within the coastal zone;
e.
The date of filing of the application and the name of the applicant;
f.
The number assigned to the application;
g.
A description of the development and its location.
B.
Nonappealable Developments that Require a Public Hearing. Notice of an application for a coastal development permit that is not appealable but that requires a public hearing under local ordinance shall be provided as follows consistent with this subsection. Within 10 calendar days prior to the City's hearing on the application, notice, consistent with the provisions of this subsection shall be provided as follows:
1.
If the matter is heard by the Planning Commission, notice shall be published in a newspaper of general circulation;
2.
Notice by first class mail to any person who has filed a written request to be on the mailing list for that development project or for coastal decisions within the City;
3.
Notice by first class mail to all property owners within 300 feet of the proposed project;
4.
Notice by first class mail or by hand delivery to occupants within 100 feet of the proposed project;
5.
Notice by first class mail to the Central Coast District of the Coastal Commission.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.52.140 Final City Action on Coastal Development Permits.
The following requirements apply after the City has acted on a coastal development permit application after a public hearing:
A.
Notice of Final City Action. Within seven calendar days of a Council decision on a permit, or at the close of the local appeal period (for example, from the Planning Commission to the Council) and after all local appeals have been exhausted and any meeting the requirements of subsection (B) of this section have been met, the City shall notify the following of its action by first class mail:
1.
The Central Coast District office of the Coastal Commission; and
2.
Any person who specifically requested notice of the action by submitting a self-addressed stamped envelope to the City (or, where required, who paid the fee established by the City fee resolution to receive the notice). The notice shall include any conditions of approval and written findings and the procedures for appeal of the City decision to the Coastal Commission.
B.
Notice of Failure to Act within Permit Streamlining Limits.
1.
Notification by Applicant. If the City has failed to act on an application within the time limits set forth in Government Code Sections 65950 through 65957.1, thereby approving the development by operation of law, the person claiming a right to proceed in compliance with Government Code Sections 65950 through 65957.1 shall notify, in writing, the City and the Coastal Commission of their claim that the development has been approved by operation of law. The notice shall specify the application that is claimed to be approved.
2.
Notification by City. When the City determines that the time limits established by Government Code Sections 65950 through 65937.1 have expired, the City shall, within seven calendar days of the determination, notify any person entitled to receive notice in compliance with subsection (B)(1) of this section, that the application has been approved by operation of law in compliance with Government Code Sections 65950 through 65957.1, and the application may be appealed to the Coastal Commission in compliance with California Code of Regulations Section 13110 et seq. This section shall apply equally to a City determination that the project has been approved by operation of law, and to a judicial determination that the project has been approved by operation of law.
C.
Finality of City Action. A City decision on a coastal development permit application shall be deemed final when:
1.
The City decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified Local Coastal Program and, where applicable, with the public access and recreation policies of Chapter 3 of the Coastal Act; and
D.
Contents of Final Local Action Notice: The notice shall, at a minimum, include the following:
1.
Cover Letter. A cover letter that includes:
a.
Final Action. Clear statement that the notice package is a notice of final City action on a coastal development permit application;
b.
Application/Permit Number. All City application and permit numbers assigned to the approved or denied development;
c.
Interested Parties. Name and address of the applicant(s), property owner(s), applicant and/or property owner representative(s) (if any), and person(s) to whom the notice was sent upon request;
d.
Project Information. A clear description of the approved or denied development and its location (including, at a minimum, the street address/location and all assessor parcel numbers);
e.
City Action. The date of the City decision, the decision that was made and the City body making the decision.
f.
Appeal Information. Indication of whether the City decision is appealable to the Coastal Commission, and, if so, procedures for appeal of the City decision to the Coastal Commission;
g.
List of Attachments. A list of all attachments included with the notice (e.g., adopted findings, other staff reports, CEQA documents, etc.); and City contact.
2.
Attachments. Copies of the following:
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.52.150 Director Procedures.
A.
Purpose. It is the purpose of this section to set forth procedures to be followed for all projects subject to review by the Director.
B.
Public Participation. Actions on all applications considered by the Director shall be open to written public testimony. The Director shall consider written public testimony insofar as it provides factual information related to the matter before the Director and the specific criteria established for review of the application by this title. No public hearing is required for any decision before the Director.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2023-06 § 3, 2023)
§ 17.52.160 Planning Commission Procedures.
A.
Purpose. It is the purpose of this section to establish uniform minimum procedures to be followed by the Planning Commission for all projects subject to their review. This section shall not preclude the Commission from adopting additional procedures as necessary for the completion of their duties.
B.
Permit Issuance – Review of Plans. No building permit, license or other required permit for any structure, site development or land use shall be issued prior to Planning Commission approval if any form of Commission review is required for said improvement by this code. The Director shall ensure that development is executed and completed according to the approved plans.
C.
Conduct of Meetings. The Planning Commission shall meet at least once each month and may establish a more frequent schedule as needed. The Commission shall keep minutes of all meetings and complete records of all examinations, findings and other official actions, together with a record of all facts pertinent to the cases submitted for their approval.
D.
Public Participation. Actions on all applications considered by the Planning Commission shall be open to public testimony. Written comments received from the public will be accepted and entered into the written record accompanying each matter considered by the Commission. The Commission shall consider written and oral testimony insofar as they provide factual information related to the matter before the approval body and the specific criteria established for review of the application by this title.
E.
Decision. Decisions of the Planning Commission shall be reached by an affirmative vote of a majority of its members present. A quorum for each approval body shall consist of three members. All Commission decisions shall be based on consideration of the facts presented to it by the applicant, City staff, and members of the public and consideration of all goals, objectives, policies, criteria and standards established in City planning documents and ordinances. Unless otherwise authorized under the municipal code, the Commission shall not have the authority to waive or modify the site development requirements of this title or the requirements of any other applicable City ordinances.
F.
Reports on Final Actions. All actions approving or denying applications shall be made in writing and shall include all findings necessary to support said action. Approvals shall include all findings required by the sections of the municipal code related to the project being approved. Approvals may be granted in whole or in part, with or without conditions necessary to assure the intent and purpose of all applicable policies, standards and guidelines.
G.
Reports and Investigations. Reports and investigations may be required by the Planning Commission prior to approval of any project. The Commission shall have the authority to request reports or investigations from the City Forester, City Engineer, Public Works Director, Building Official, Director or other department heads or commissions in writing prior to approval of any project.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009)
§ 17.52.170 Time Limits on Approvals and Denials.
All applications approved by City staff, the Planning Commission or by the City Council on appeal have a limit on the time that the approval remains valid. Permits or other approvals granted by these approval bodies or by the Historic Resources Board that are not implemented within these time limits become void.
A.
Project Implementation. The action required to implement a permit depends on the nature of the project for which the permit is issued. For projects requiring a new or amended business license, implementation is effected by establishing the business use authorized by the business license. For commercial business use permit, implementation is effected by signing a statement of compliance with permit conditions and establishing the use authorized by the permit. For lot line adjustments or subdivisions, implementation is affected by recording a parcel map, subdivision map or equivalent. For other approvals, implementation is effected by erecting, installing or beginning the installation of the improvement authorized by the permit as determined by the Director.
B.
General Limits. Unless otherwise stated on the permit, or indicated as a condition of approval by the approving body, the following time limits shall apply commencing upon the date of action by the City staff, Planning Commission, or final City Council action:
1.
Commercial design review – 18 months;
2.
Commercial business use permit – six months;
3.
Other commercial district use permits – 18 months;
4.
Variances – 12 months;
5.
Signs – three months;
6.
Residential design study – 12 months;
7.
Residential district use permits – 12 months;
8.
Lot line adjustments – six months; and
9.
Subdivisions – 24 months.
C.
Time Extensions. The Director may grant one extension of a time limit, equal in length to the original time limit for those approvals not subject to a public hearing. Similarly, the Planning Commission, or Historical Preservation Board, as appropriate, may administratively grant one extension for approvals originally subject to a public hearing. If, since the date of the original approval, the conditions surrounding the original approval have changed, or the General Plan, municipal code or Local Coastal Plan Program has been amended in any manner which causes the approval to be inconsistent with these plans or codes, no time extension or renewal shall be granted for any approval.
D.
Denials. Any project or application denied and not subsequently approved by the City Council on appeal shall prohibit the implementation of the specific project or activity requested in the application. No applications for substantially the same project or activity on the same property may be submitted for a period of one year following a denial unless the application contains changes to address the reason(s) for the denial of the first application, or the City's plans or ordinances have been amended to remove the cause for the original denial. Permits denied without a prejudice shall not be subject to this limitation.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009)
§ 17.52.180 Emergency Coastal Permits.
A.
Purpose. This section provides procedures for the issuance of emergency permits in compliance with the Coastal Act.
B.
Applicability. In the event of an emergency, the Director may issue a permit to authorize emergency work in compliance with this section, the Shoreline Management Plan, Section 30624 of the Coastal Act and California Code of Regulations Section 13329. The Director shall not issue an emergency permit for any work to be conducted on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled; requests for emergency work in these areas shall be referred to the Coastal Commission.
C.
Application. An application for an emergency permit shall be filed with the Director in writing if time allows, or in person or by telephone if time does not allow.
D.
Required Information. The applicant shall report to the Director the following information, either during or as soon after the emergency as possible:
1.
The nature and location of the emergency;
2.
The cause of the emergency, insofar as this can be established;
3.
The remedial, protective, or preventative work required to deal with the emergency; and
4.
The circumstances during the emergency that appeared to justify the courses of action taken, including the probable consequences of failing to take action.
E.
Verification of Emergency. The Director shall verify the facts, including the existence and nature of the emergency, as time allows.
F.
Notice. The Director shall provide public notice of the proposed emergency work. The extent and type of notice shall be determined by the Director based of the nature of the emergency and the work proposed.
G.
Emergency Permit Approval. The decision to issue an emergency permit is at the sole discretion of the Director; provided, that subsequent land use, building, and grading permits required for the project shall comply with all applicable provisions of these regulations. The Director may grant an emergency permit if an emergency exists as defined in Chapter 17.70 CMC, and if the Director first finds that:
1.
An emergency exists that requires action more quickly than would occur following normal permit procedures, and the emergency work can and will be completed within 30 days unless otherwise specified by the emergency permit;
2.
Public comment on the proposed emergency action has been reviewed, if time allows; and
3.
The work proposed would be consistent with the requirements of the certified Local Coastal Program or would not impede attainment of these requirements following completion of the emergency work.
H.
Emergency Permit Contents. If granted, the permit shall state the basis for the findings made by the Director and shall be subject to reasonable terms and conditions, including:
1.
Language indicating that the work accomplished under an emergency permit is considered temporary unless a regular permit is subsequently issued for the work;
2.
An expiration date for the emergency permit; and
3.
A condition specifying the necessity for the submittal of a regular permit application within 30 days of the effective date of the emergency permit.
I.
Expiration. An emergency permit shall expire and become void within seven days of issuance if it is not exercised, or if the emergency ceases to exist.
J.
Report to Council. For information only, the Director shall provide the Council with a written report describing the nature of the emergency and the work involved at the Council's first regularly scheduled meeting after the emergency permit has been issued. Copies of the permit and the report shall be available at the meeting and shall be mailed to the Executive Director of the Coastal Commission and to all persons who have requested this notification in writing.
K.
Normal Permits Required. Within 30 days of the date of issuance of the emergency permit, the applicant shall apply for all permits required by these regulations, and any other permits required by the municipal code. Failure to file the applications and obtain the required permits shall result in enforcement action in compliance with Chapter 17.66 CMC, Enforcement.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.52.190 Procedures for Recordation of Legal Documents.
All coastal development permits subject to conditions of approval pertaining to public access and open space or conservation easements to or along the shoreline shall be subject to one of the following procedures:
A.
The Executive Director of the Coastal Commission shall review and approve all legal documents specified in the conditions of approval of a coastal development permit for shoreline public access and conservation/open space easements.
1.
Upon completion of permit review by the City and prior to the issuance of the permit, the City shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the Executive Director of the Coastal Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies;
2.
Upon receipt of the documents from the City the Executive Director of the Coastal Commission shall notify the City of the receipt date and shall then have 15 working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any;
3.
The City may issue the permit upon expiration of the 15-working-day period if notification of inadequacy has not been received by the City within that time period;
4.
If the Executive Director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the Executive Director.
B.
If the City requests, the Coastal Commission shall delegate the authority to process the recordation of the necessary legal documents to the City if the requirements of 14 California Code of Regulations, Section 13574(b) are met. If this authority is delegated, upon completion of the recordation of the documents, the City shall forward a copy of the permit conditions and findings of approval and copies of the legal documents pertaining to the shoreline public access and open space conditions to the Executive Director of the Coastal Commission.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.53.010 Definitions.
A. "Cannabis"
has the meaning set forth in Business and Professions Code Section 26001(f) as of the effective date of this chapter and includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.
B. "Commercial cannabis activity"
has the meaning set forth in Business and Professions Code Section 26001(k) as of the effective date of this chapter and includes the cultivation, possession, manufacture, processing, storing, laboratory testing, packaging, labeling, transporting, delivery, or sale of cannabis and cannabis products.
C. "Cultivation"
has the meaning set forth in Business and Professions Code Section 26001(l) as of the effective date of this chapter and includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
D. "Medicinal cannabis" or "medicinal cannabis product"
has the meaning set forth in Business and Professions Code Section 26001(ai) as of the effective date of this chapter and includes cannabis or cannabis products intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation.
E. "Medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers"
means any facility or location where medicinal cannabis is made available to and/or distributed in exchange for compensation by or to two or more of a "primary caregiver," a "qualified patient," or a person with an "identification card," as these terms are defined in California Health and Safety Code Sections 11362.5 and 11362.7 et seq., as of the effective date of this chapter.
F. "Primary caregiver"
shall have the meaning set forth in Health and Safety Code Sections 11362.5(e) and 11362.7(d) as of the effective date of this chapter.
G. "Qualified patient"
shall have the meaning set forth in Health and Safety Code Section 11362.7(f) as of the effective date of this chapter.
(Ord. 2017-09 § 3 (Exh. A), 2017)
§ 17.53.020 Purpose and intent.
The purpose and intent of this chapter is to prohibit any commercial cannabis activities, cooperatives, collectives, dispensaries, operators, establishments and providers, and to regulate cannabis cultivation, as defined above, within the City limits.
(Ord. 2017-09 § 3 (Exh. A), 2017)
§ 17.53.030 Prohibition on commercial cannabis activities and deliveries.
A.
Commercial cannabis activities are prohibited in all areas of the City. No person or entity may establish or engage in commercial cannabis activities within City limits. A property owner may not allow its property to be used by any person or entity for commercial cannabis activities.
(Ord. 2017-09 § 3 (Exh. A), 2017)
§ 17.53.040 Prohibition on medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers.
Medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers are prohibited in all areas of the City. No person or entity may own, establish, open, operate, conduct, manage, or establish medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers. A property owner may not allow their property to be used by any person or entity for medicinal cannabis cooperatives, collectives, dispensaries, operators, establishments or providers.
(Ord. 2017-09 § 3 (Exh. A), 2017)
§ 17.53.050 Residential cannabis cultivation.
A.
All cannabis cultivation within City limits is prohibited except that a person may cultivate no more than six living cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of that private residence. Such cultivation shall only occur in residences and accessory structures that are fully enclosed and secured against unauthorized entry.
B.
If a private residence is not occupied or inhabited by the owner of the private residence, then no persons living in the residence may cultivate cannabis without written consent signed by the owner expressly allowing cannabis cultivation to occur at the private residence.
C.
Persons cultivating cannabis in a residence shall comply with all applicable Building Code requirements set forth in the Carmel-by-the-Sea Municipal Code.
D.
There shall be no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.
(Ord. 2017-09 § 3 (Exh. A), 2017)
§ 17.53.060 Smoking of cannabis.
Smoking and vaporizing of cannabis and cannabis products is prohibited in all public places and any place that is open to the public.
(Ord. 2017-09 § 3 (Exh. A), 2017)
§ 17.53.070 Public nuisance.
Any use or condition caused, or permitted to exist, in violation of any provision of this chapter is a public nuisance and may be summarily abated by the City pursuant to the Code of Civil Procedure Section 731, or by any other remedy available to the City.
(Ord. 2017-09 § 3 (Exh. A), 2017)
§ 17.53.080 Violation – Separate offense.
Any person who violates any provision of this chapter is guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and may be penalized accordingly.
(Ord. 2017-09 § 3 (Exh. A), 2017)
§ 17.53.090 Civil injunction.
Any violation of this chapter is declared to be a public nuisance per se and contrary to the public interest and will, at the discretion of the City, be subject to a cause of action for injunctive relief.
(Ord. 2017-09 § 3 (Exh. A), 2017)
§ 17.54.010 Conclusive Decision – Appeal Period.
A.
The findings and actions of the City Forester shall be final and conclusive from and after the date of final action unless an appeal is filed with the Forest and Beach Commission pursuant to CMC § 17.54.040(A), Appeals to the Forest and Beach Commission or the Planning Commission, or the Coastal Commission pursuant to CMC § 17.54.040(D) and 17.54.050.
B.
The findings and actions of the Historic Resources Board shall be final and conclusive from and after the date of final action unless an appeal is filed with the City Council or the Coastal Commission pursuant to CMC § 17.54.040(C) or 17.54.040(D), 17.54.050 and the provisions in this chapter.
C.
The findings and actions of the Planning Commission and the Forest and Beach Commission shall be final and conclusive from and after the date of final action unless an appeal is filed with the City Council pursuant to CMC § 17.54.040(C), Appeals to the City Council, or the Coastal Commission pursuant to CMC § 17.54.040(D) and 17.54.050.
D.
The findings and actions of the City Council shall be final and conclusive from and after the date of final action unless an appeal is filed with the California Coastal Commission pursuant to CMC § 17.54.040(D), Appeals to the Coastal Commission.
E.
The findings and actions of the Planning Director shall be final and conclusive from and after the date of final action unless an appeal is filed with the Planning Commission Secretary pursuant to CMC § 17.54.040(A), Appeals to the Forest and Beach Commission or the Planning Commission, or CMC § 17.54.040(B), Appeals to the Historic Resources Board, or with the Coastal Commission pursuant to CMC § 17.54.040(D) and 17.54.050, or with the City Clerk pursuant to CMC § 17.54.040(C), Appeals to City Council.
(Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009; Ord. 2023-06 § 3, 2023; Ord. 2004-01 § 1, 2004)
§ 17.54.020 Projects Appealable to the Coastal Commission.
Per Section 30603 of the Coastal Act, only the following types of development may be appealed to the Coastal Commission:
A.
Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.
B.
Developments approved by the City not included within subsection (A) of this section that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff.
D.
Any development which constitutes a major public works project or a major energy facility.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.54.030 Grounds for Appeal on a Coastal Development Permit.
The grounds for appeals pursuant to CMC § 17.54.020(A) shall be limited to one or more of the following:
A.
The grounds for appeal for any development approved described in CMC § 17.54.020(A), (B), (C) and (D) shall be limited to an allegation that the development does not conform to the City's certified Local Coastal Program or the public access policies set forth in the Coastal Act.
B.
The grounds for an appeal of a denial of any development described in CMC § 17.54.020(D) shall be limited to an allegation that the development conforms to the standards set forth in the City's certified Local Coastal Program and the public access policies set forth in the Coastal Act.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.54.040 Filing Appeals.
A.
Appeals to the Forest and Beach Commission or the Planning Commission. Decisions made by the City Forester may be appealed to the Forest and Beach Commission by filing a written notice of appeal in writing with the Forest and Beach Commission Secretary. Decisions made by the Planning Director may be appealed to the Planning Commission by filing a written notice of appeal with the Planning Commission Secretary. All valid appeals shall be filed within 10 calendar days of the date of action and shall include any paying the required filing fees as established by City Council resolution.
1.
Such notice of appeal shall set forth specifically the ground or grounds upon which such appeal is taken, and the name, address and signature of the appellant.
2.
Within 10 working days after receipt of a valid appeal the applicable Commission Secretary shall set a date for public hearing at which the applicable Commission shall consider the appeal. All appeals shall be heard within 60 days of the close of the appeal period.
B.
Appeals to the Historic Resources Board. Determinations of ineligibility and decisions on projects made pursuant to the procedures and standards contained in Chapter 17.32 CMC made by the Planning Director may be appealed to the Historic Resources Board by any aggrieved person by filing a written notice of appeal with the Board Secretary. All valid appeals shall be filed within 10 calendar days of the date of action and shall include any required filing fees as established by City Council resolution.
1.
Such notice of appeal shall set forth specifically the ground or grounds upon which such appeal is taken, and the name, address and signature of the appellant.
2.
Within 10 working days after receipt of a valid appeal the secretary of the Board shall set a date for public hearing at which the Board shall consider the appeal. All appeals shall be heard within 60 days of the close of the appeal period.
C.
Appeals to the City Council. Decisions to approve or deny projects made by the Planning Commission, Forest and Beach Commission or the Historic Resources Board may be appealed to the City Council by filing a notice of appeal in writing in the office of the City Clerk within 10 working days following the date of action by the decision-making body and paying the required filing fee as established by City Council resolution. Notwithstanding the foregoing, decisions for projects subject to Chapter 17.46 CMC, Telecommunications and Wireless Facilities, made by the Planning Director or by the Planning Commission must be appealed within the time periods specified in CMC § 17.46.070(E).
D.
Appeals to the Coastal Commission. The approval of an application for a project that is appealable to the Coastal Commission shall become effective at 5:00 p.m. on the tenth working day following receipt by the Central Coast Office of the California Coastal Commission of an adequate notice of final City action by the Executive Director of the California Coastal Commission, unless an appeal to the Coastal Commission is filed during this period. The applicant or any aggrieved person shall first be required to exhaust local administrative remedies and appeals before appealing to the California Coastal Commission pursuant to CMC § 17.54.040(A), (B) or (C), except as provided for in CMC § 17.54.050. Any appeal to the Coastal Commission must contain the following information:
1.
The name and address of the permit applicant and appellant;
2.
The date of the local government action;
3.
A description of the development;
4.
The name of the governing body having jurisdiction of the project area;
5.
The names and addresses of all persons who submitted written comments or who spoke and left his or her name at any public hearing on the project, where such information is available;
6.
The names and addresses of all other persons known by the appellant to have an interest in the matter on appeal;
7.
The specific grounds for appeal;
8.
A statement of facts upon which the appeal is based; and
9.
A summary of the substantial issues raised by the appeal.
Any appeal of a final City action on a coastal development permit shall be made to the Coastal Commission's Central District Office. The appellant shall also notify the applicant(s), any persons known to be interested in the application and the City of the filing of the appeal. In addition, the City shall be provided with a copy of the appeal by the appellant. Unwarranted failure to perform such notification may be grounds for dismissal of the appeal by the Coastal Commission. The Coastal Commission shall notify the City by mail and by telephone within 24 hours of the receipt of any such appeal.
(Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009; Ord. 2023-06 § 3, 2023; Ord. 2004-01 § 1, 2004)
§ 17.54.050 Exhaustion of Local Administrative Remedies.
A.
Exhaustion of all local administrative remedies shall not be required for appeals to the Coastal Commission if any of the following occur:
1.
The City requires an appellant to appeal to more local appellate bodies than have been certified as appellate bodies for permits in the Coastal Zone, in the implementation section of the Local Coastal Program.
2.
An appellant was denied the right of the initial local appeal by a local ordinance other than the implementation procedures of the Certified Local Coastal Program which restricts the class of persons who may appeal a local decision.
3.
An appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this title.
4.
The City charges an appeal fee for the filing or processing of a coastal development permit appeal.
B.
Where a project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals; provided, however, that the Coastal Commission shall transmit a "Notice of Commissioners' Appeal" to the City Council. Upon receipt of such notice, the Coastal Commissioners' appeal may be suspended by the City Council pending a decision on the merits of the appeal by the Council. The City Administrator or any two Council members may request a review of the appeal by notifying the City Clerk and the City Administrator shall then notify the Coastal Commission that a suspension is in effect. The council shall review the matter within 45 days of said notice to the Coastal Commission. If the decision of the City Council is to modify or reverse the previous decision the Coastal Commissioners shall be required to file, if necessary, a new appeal of that decision.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.54.060 Effect of Appeal to the Coastal Commission.
Upon receipt in the Coastal Commission office of a timely, valid appeal by a qualified appellant, the Executive Director of the Commission shall notify the permit applicant and the City that the operation and effect of the local coastal development permit has been stayed pending Coastal Commission action on the appeal as required by Public Resources Code Section 30623(b). Upon receipt of a notice of appeal, the City shall refrain from issuing a development permit for the proposed development and shall, within five working days, deliver to the Executive Director of the Commission all relevant documents and materials used by the local government in its consideration of the coastal development permit application. If the Coastal Commission fails to receive the documents and materials, the Commission shall set the matter for hearing and the hearing shall be left open until all relevant materials are received.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.54.070 Coastal Commission Notification of Final Action.
Within 10 working days of a final Coastal Commission action on an appeal from a City decision, the Coastal Commissions shall transmit notice of the action taken to the City, the applicant and the appellant.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.54.080 Appeals.
A.
Appeals of Decisions on Permits. Any decision to approve, deny or conditionally approve any permit made by the Director (except for denials without prejudice made pursuant to CMC § 17.46.060(C)), the City Forester, the Planning Commission, or the Historic Resources Board may be appealed by any aggrieved party. Coastal Commissioners may appeal these decisions pursuant to CMC § 17.54.020 and 17.54.050.
B.
Appeals of Final Local Decisions on Coastal Development Permits. Any aggrieved person, including the applicant, or any two members of the California Coastal Commission may file an appeal of the final City Council action on a coastal development permit consistent with the provisions of this chapter.
(Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009; Ord. 2023-06 § 3, 2023; Ord. 2004-01 § 1, 2004)
§ 17.54.090 Notice of Hearing.
A.
After the time for hearing such appeal is set, as provided for in CMC § 17.54.040, Filing Appeals, the Planning Commission Secretary or City Clerk shall thereupon provide written notification to the appellant of the time of such hearing at least 10 calendar days prior to the date thereof.
B.
Notice of the public hearing shall also be posted in at least three public places in the City and/or published in one newspaper of general circulation at least 10 calendar days prior to such public hearing as required by the applicable Government Code.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2007-06, 2007)
§ 17.54.100 Effect of Failure to Perfect Appeal.
If notice of appeal has not been filed in the time, form and manner provided in this chapter, it shall be mandatory for the Director of the Department of Community Planning and Building to issue the permit in accordance with the findings and determination of the original decision-maker.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.56.010 Purpose.
These regulations are intended to preserve Carmel's character as a residential village and perpetuate a balance of land uses that are compatible with local resources and the environment. These regulations will implement the General Plan and Coastal Land Use Plan and:
A.
Maintain a mix of commercial uses that is compatible with Carmel's residential village character;
B.
Promote a broad range of goods and services that avoids the dominance of any single type of use and provides a variety of options to the City's residents and visitors;
C.
Encourage the development of second floor apartments above ground floor retail and service uses in the commercial district by limiting commercial uses that may generate noise, fumes, and litter;
D.
Promote the establishment of unique, quality commercial uses that serve the intellectual, social, material, and day-to-day needs of the local community and visitors;
E.
Protect and enhance the balanced mix of uses in the central business area, particularly along Ocean Avenue, to ensure a high quality, pedestrian-oriented commercial environment providing a variety of goods and services to local residents;
F.
Reduce the generation of litter and food waste in the public right-of-way by limiting the number of establishments that sell food and beverages for immediate consumption by pedestrians;
G.
Provide locations for retail goods and service establishments to serve surrounding neighborhoods;
H.
Discourage the type of establishments that may displace businesses that supply residents with essential goods and services;
I.
Prevent development which exceeds the amount and intensity of use that is compatible with adjacent residential neighborhoods;
J.
Limit the space occupied by businesses that generate high traffic and/or parking demands; and
K.
Provide a transition and buffer between more intense commercial activities and less intense activities in the surrounding residential districts.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.56.020 Numerical and Size Limitations Established.
Table 17.56-A lists the numerical and size limitations for certain restricted uses consistent with the land use regulations for zoning districts in the City in which they may be located and the purposes of the chapter.
Table 17.56-A: Limitations on Restricted Commercial Uses | |||
|---|---|---|---|
Use | Limit on the Number Allowed | Other Limitations | Type of Permit Required |
Jewelry Stores | 32 | Minimum 10 percent of gross floor area devoted to jewelry manufacturing and repair | Business license |
Food Stores and Restaurants1 | 15 fronting on Ocean Avenue | ||
Full Line Food | Included in 15 | No seating | Use permit |
Specialty Food | Included in 15 | No seating | Use permit |
Full Line Restaurant | Included in 15 | Seating required | Use permit |
Specialty Restaurant | Included in 15 | Minimum 600 sq. ft. and 20 seats; soup, salad, sandwiches up to 10 percent of sales | Use permit |
Drinking Places | 3 | Use permit | |
Hotels and Motels | 948 units | Use permit | |
Notes: |
|---|
1 No drive-in, fast food, or formula food establishments are permitted. |
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.56.030 Procedure for Establishing a Restricted Commercial Use.
A.
Acceptance of Applications. The Department of Community Planning and Building (the Department) shall maintain an inventory of commercial uses subject to the numerical limitations set forth in this chapter. Each proposed change in land use or project for which an application is submitted shall be evaluated to determine whether its approval would result in a net increase in the number of establishments or units that would exceed the limitations set forth in CMC § 17.56.020. All applications to establish a land use subject to such limitation shall be returned to the applicant or denied if the approval of such use would exceed the limits specified in CMC § 17.56.020. Applications that affect but would not result in a net increase in the number of establishments subject to limitation may be accepted and processed. Numerically limited uses approved by the City shall be physically established and in operation within six months of the date of approval. Failure to establish the use shall void the approval.
B.
Reservation of Allocation. For approvals of numerically limited uses associated with construction activity (e.g., such as when a building addition or renovation has been approved for occupancy by the use) the six-month period for establishment shall be dated from issuance of a certificate of occupancy.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.56.040 Temporary Cessation of Restricted Commercial Uses.
A.
Any property or business owner who has exercised the right to establish a commercial use subject to the numerical limitations set forth in CMC § 17.56.020 and has continuously operated such use since its establishment may temporarily cease operations subject to the requirements of this section and all other applicable City regulations.
B.
A numerically limited use may cease operation for a period up to six months without the use being considered abandoned. Periods longer than six months shall be authorized only for construction activity as established below or for a tenant search.
C.
The property owner shall submit a written request to temporarily cease operation for any period longer than six months without the use being deemed abandoned. Temporary cessation of a numerically limited use shall be limited to a maximum period of 12 months in the case of a vacant space for which the property owner is seeking a tenant. The property owner shall provide evidence satisfactory to the Director that a tenant is actively and diligently being sought only for the specific use authorized. Failure to do so shall be cause for a determination of abandonment by the Director.
D.
Permit Holder Responsibilities. During an approved cessation period the permit holder shall remain responsible for maintenance of the property in compliance with all applicable City codes.
E.
Exceptions for Repair. Temporary cessation of a numerically limited use for any period of time exceeding six months in order to carry out repairs or improvements shall require a written request from the property owner and approval by the Director in order to carry out repairs or improvements.
F.
No Abandonment Pressured. Temporary cessation of a restricted commercial use in compliance with the requirements of this section shall not be deemed abandonment of such use.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.56.050 Exercise and Abandonment of Restricted Commercial Uses.
A.
Exercise of Permit. Unless otherwise specified as a condition of approval by the approving body, City authorization to establish a restricted commercial use shall be exercised within six months of the date of action by the City staff, Planning Commission, or final City Council action. If the application is subject to design review, the approval shall be exercised no later than six months from the date of completion of construction. Approval shall be deemed exercised when the use is physically established and in continuous operation.
B.
Extension of Time to Exercise. The Director may grant one extension of a time limit for a period not to exceed six months. No time extension shall be granted for any approval if the General Plan, municipal code, or Local Coastal Plan Program has been amended so as to make the approval inconsistent with such plans or regulations.
C.
Abandonment of Use. A restricted commercial use that has been discontinued for a period of six consecutive months shall be considered abandoned unless the property owner has filed notice of temporary cessation as provided for in this chapter. Failure to maintain a valid business license shall be considered substantial evidence of abandonment, and such use shall not be reestablished unless a new application is approved as required by this chapter. Establishment of any different use in a space authorized for occupancy by a numerically limited use shall be considered an abandonment of the numerically limited use. A determination of abandonment by the Director may be appealed to the Planning Commission, as provided for in CMC § 17.56.040.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.56.060 Abandonment and Reestablishment of Motel Units.
A.
The numerical limits on the total number of hotel/motel/inn units shall include all units located in the R-1, R-4, CC, SC and RC districts. If any units are abandoned through demolition or conversion to other uses, these abandoned units shall become available for reestablishment at another site consistent with the following findings and upon meeting all standards applicable to hotel/motel/inn uses as established by this title.
1.
The proposed use will not create a net increase in the total number of lodging units beyond the numerical limits established in Table 17.56-A;
2.
The proposed site where the units would be reestablished is not located in a single-family residential zoning district;
3.
The use will be operated as a commercial business offering transient lodging for guests and visitors;
4.
Upon completion, the proposed project shall include a minimum of five lodging units. No units shall contain kitchens or similar facilities for cooking food;
5.
The project will provide parking for all uses on the site in compliance with the requirements of Chapter 17.38 CMC;
6.
The proposed project complies with applicable commercial district regulations, including floor area, height, coverage, landscaping, signs, retaining walls and floodlighting;
7.
Establishment of the lodging units will not require a debit from the City's water allocation. The proposed project will operate within its existing water entitlement;
8.
If the proposed project involves a transfer of water between sites, sufficient water will remain on each site involved to provide for reasonable development (e.g., one single-family dwelling on a residentially zoned site or retail/office uses on a commercially zoned site);
9.
Requests for conversion or demolition of hotel/motel units shall be contingent upon a finding that the existing number of hotel/motel units available for transient occupancy has not significantly diminished from the established limit identified in Table 17.56-A: Limitations on Restricted Commercial Uses. Should the total number of hotel/motel units that have been converted, demolished or abandoned and are therefore available for reestablishment under the cap reach 50, any additional requests for conversion or demolition of hotel/motel units shall (1) be required to be offset one-for-one elsewhere in the City, and (2) shall be contingent upon a finding that the balance between visitor-serving, commercial, and residential land uses is maintained.
B.
Remodeling, Reconstruction or Alteration of Motels in Single-Family Districts. The Planning Commission may approve a use permit to remodel, reconstruct, or alter a motel that was legally established in a single-family residential district based on a finding that the design of the proposed project and the design and bulk of proposed structures will be compatible with the residential character of the surrounding neighborhood and the following requirements:
1.
The motel was lawfully established prior to January 1, 1967, and has been continuously operated since that date;
2.
The total lot coverage of all buildings shall not exceed 35 percent of the total site area based on a survey prepared by a licensed professional surveyor and submitted with the application;
3.
The total floor area will not exceed the floor area that was approved subject to the original use permit that was issued to allow establishment of the motel;
4.
All proposed work will conform to existing setback and height requirements applicable to the R-1 land use district. All taxes levied upon the property or due the City from any owner or operator or prior owner or operator of the motel have been paid;
5.
The proposed site includes at 1,500 square feet of lot area for each lodging unit in the motel;
6.
The proposed construction shall not eliminate any existing on-site parking. If the proposed construction includes reconstruction of any units, one parking space shall be provided on-site for each reconstructed lodging unit;
7.
The maximum number of lodging units per building shall not exceed 10 and the total number of lodging units within the motels shall not exceed the number permitted by the original use permit granted pursuant to this subsection or the number in existence on January 1, 1967, whichever is the lesser number;
8.
If the project proposes reconstruction, the Planning Commission shall only grant design review approval based on findings that the site plan maximizes usable open space, minimizes unrelieved expanses of pavement devoted to parking and conforms in all respects to the commercial design requirements in Chapter 17.14 CMC, Commercial Zoning Districts;
9.
All kitchens existing on motel sites on the date of the issuance of the use permit pursuant to this subsection shall be made to conform to all sanitation requirements and no additional kitchens may be permitted on the site. For the purposes of this section, kitchens shall mean any area for the preparation of food that meets the standards of the Uniform Building Code or the State Housing Code. No other facilities for the preparation of food shall be permitted other than kitchens;
10.
Legally established incidental service uses that are being provided by the motel at the time the application is submitted but are not otherwise allowed within the land use district, will be limited to use by motel occupants only and will not be made available to the general public.
C.
Any use permit approved pursuant to this chapter shall expire and no longer be valid if the construction authorized by the permit has not commenced within six months from the date of issuance, unless the Planning Commission approves an extension. (Note: These provisions (CMC § 17.56.060(B)) approved by ballot measure and not amendable without a vote of the people; Code 1975 § 1341.3).
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.58.010 Purpose and Applicability.
A.
Purpose. This chapter establishes objectives, standards, and procedures for conducting design review. The intent of these regulations is to promote and maintain the City's special character as a residential village with a compact development pattern that respects and has been strongly influenced by the natural setting and is typified by a visually rich and creative mix of architectural styles. Design review is intended to encourage originality, flexibility, and diversity in design and preserve and enhance the community's existing forest character while preventing unnecessary delays in project approval. More specifically, the design review process is intended to:
1.
Promote design that maintains the City's intimate and human scale and complements, rather than overrides, natural constraints;
2.
Ensure that the design of new homes, residential additions, and exterior alterations preserves the traditional characteristics of scale, good site design, and sensitivity to neighboring properties;
3.
Encourage the construction of residences that are diverse and innovative in design yet compatible with the City's forest setting as well as the site design and materials used in surrounding structures;
4.
Promote residential design that respects the privacy, solar, access, and private views of neighboring properties;
5.
Maintain a tradition of architectural diversity that enhances the character of the commercial district and adds a lively sense of history to Carmel's village ambiance by promoting commercial building design that respect these traditions; and
6.
Encourage 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 and avoid out-of-scale or bizarre building forms or incompatible design.
B.
Applicability. Design review is required for (1) specified physical improvements as established throughout this title, (2) new site development as defined in Chapter 17.70 CMC, and any substantial alterations, rebuilding, rehabilitation, new construction, exterior alterations, additions, signs, exterior lighting and landscaping associated with such construction, alterations or additions set forth in this title.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.58.020 General Requirements and Responsibilities.
A.
Submittal Standards. The Department of Community Planning and Building (the Department) shall establish uniform submittal requirements to enable a full understanding of each project, facilitate review and provide consistency in information for decision-making. Applications for projects subject to design review shall include such information as may be required by the Director. Such information may include, but is not limited to, site plans, floor plans, building sections, exterior elevations, photographs of the subject or abutting properties, perspective or axonometric drawings and/or a model, description of building materials, material and/color samples, exterior lighting, fence plans, sign, drainage plans, landscaping and irrigation plans. Applications requiring design review shall be subject to a fee schedule as established by resolution of the City Council.
B.
Coordination of Review Bodies. For any proposed major alteration affecting an historic resource in the commercial and R-4 districts, the Director shall schedule a review of the project plans by the Historic Resources Board for a determination of consistency with the Secretary of Interior's standards. If the site assessment shows that trees will be affected by the project, the Director shall forward the plans to the City Forester for processing.
Any reviews by the Forest and Beach Commission and/or Historic Resources Board that are required for a project shall occur prior to consideration of the project by the Director or the Planning Commission. The procedures established in Chapter 17.32 CMC, Historic Preservation, shall be followed if the project would affect a historic resource or if it is unknown whether the property contains a historic resource.
C.
Public Notice Requirements. For any project that requires preparation of preliminary site assessment pursuant to this section but does not require a public hearing and is not subject to the Coastal Zone notification, the Director shall post notice on the site and at City Hall at least 10 days before a decision.
D.
Design Review Responsibilities. The Planning Commission shall conduct design review for all nonadministrative projects. The Director may require the Planning Commission to review for any application that raises new policy issues or presents unusual circumstances not addressed by adopted policies, guidelines, or review criteria.
E.
Design Review Standards. When conducting design review the Department or the Planning Commission shall use the design guidelines adopted by the City Council as the basis for review. The decision-making entity responsible for design review shall consider the conformance of the application to the standards set forth in and promulgated under this title, and may either approve, deny or modify an application for design review. However, no modification may be made that is not consistent with any other requirement of this title. Specific zoning standards and criteria are established in each zoning district, overlay district, specific plan area, special district, or community plan area. These shall be coordinated with the guidelines in reviewing projects.
F.
Prerequisite for Permit Issuance. Permits for projects and for signs that are subject to design review shall not be issued without design review approval pursuant to the requirements of this title.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009)
§ 17.58.030 Commercial Design Review.
The City has established two tracks for design review of projects proposing new construction, alterations, rebuilds, additions, demolitions, and other exterior design changes in the central commercial (CC), service commercial (SC) and residential and limited commercial (RC) districts and the multifamily residential (R-4) district. Approval of any design review application for a commercial project under this section shall require the decision-making authority to find that the proposed project represents an improvement over existing conditions. All projects approved shall comply with minimum zoning standards established by this title. However, compliance with minimum standards does not constitute a sufficient basis for project approval. Projects also shall be evaluated for compliance with the design guidelines.
A.
Commercial District Track One Design Review. The Director may approve track one applications for design changes in all commercial zoning districts and the R-4 district based on a determination that such projects comply with the Zoning Ordinance and all applicable commercial design guidelines and public way design guidelines.
1.
Applicability. The following projects may be approved with commercial design review track one design review in the CC, SC, RC, and R‑4 districts:
2.
Procedures. Within 30 days of the receipt of a complete application for a commercial administrative permit, the Director shall review the proposed project for compliance with the standards and regulations of the CMC, the Coastal Implementation Plan, General Plan policies, commercial design guidelines, public way improvement design guidelines, and other applicable adopted design criteria. The Director may approve the application if all zoning standards are met and the project is consistent with all design guidelines. The Director shall refer for action by the Planning Commission any application for a project that does not comply with applicable adopted design guidelines and design criteria. Any proposed storefront remodels/alteration to a structure located within the downtown conservation district shall be reviewed by the Historic Preservation Board. The Director shall deny any application for a commercial track one permit that does not comply with the CMC, the Coastal Implementation Plan or the General Plan/Coastal Land Use Plan.
B.
Commercial District Track Two Design Review. This is a discretionary process for reviewing substantial design changes in commercial zoning districts and the R-4 district. The Planning Commission shall conduct design review under this section.
1.
Applicability. The requirements of this section apply to all commercial and multifamily residential projects that do not qualify for commercial district track one design review. This process also applies to all referrals from administrative commercial design review, all projects that require an initial study, negative declaration or EIR and to any project that requires a use permit, variance, subdivision or other land use permit including, but not limited to, the following:
2.
Procedures. Within 30 days of the receipt of a complete application proposing substantial design changes in any commercial zoning district or the R-4 district, the Director shall review the project for compliance with the standards and regulations of the CMC, General Plan policies, the Coastal Implementation Plan, and the commercial design guidelines. Applications subject to design review pursuant to this section shall not require a public hearing unless the project involves a historic structure or dwelling, requires a use permit, variance, subdivision, lot line adjustment, appealable coastal development permit, or other land use permit that requires a hearing in accord with the provisions of this title or State law. All track two projects shall be subject to the CDP requirements of the LCP and a track two design review approval shall constitute a coastal development permit for any project subject to review under this section. Projects involving historic resources shall require a determination of consistency pursuant to CMC § 17.32.140.
(Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009; Ord. 2023-06 § 3, 2023; Ord. 2004-01 § 1, 2004)
§ 17.58.040 Residential Design Review.
The City has established two different residential design review tracks for projects in the single-family residential (R-1) district.
A.
Residential District Track One Design Review. Track one is a staff-level discretionary review for projects that do not require a coastal development permit and are exempt from public hearing requirements. Staff shall review projects for compliance with all applicable zoning regulations and standards and for compliance with the residential design guidelines.
1.
Applicability. Applications eligible for track one review are limited to the following projects, subject to the restrictions in subsection (A)(2) of this section:
2.
Restrictions. Track one review shall be limited to projects that:
a.
Do not require significant cuts to the roots or limbs of any trees classified by the City Forester as "significant" or "moderately significant";
b.
Do not require the demolition or substantial alteration of any dwelling unit;
c.
Do not require an initial study, negative declaration or EIR;
d.
Are sited and designed to protect public views to and along the ocean and scenic coastal areas.
3.
Procedures. Within 30 days of the receipt of a complete application for design review, the Director shall review design concept plans for compliance with the standards and regulations of this code, General Plan policies, residential design review guidelines, and other applicable adopted design criteria and may approve proposed projects that comply with all of the applicable requirements of this code and the residential design guidelines.
a.
The Director shall deny any proposed project that does not comply with the Zoning Ordinance/Coastal Implementation Plan or the General Plan/Coastal Land Use Plan. The Planning Director shall also require track two design review for all projects that are not visually compatible with the character of the surrounding area or those that do not minimize grading and landform alteration.
b.
Projects that comply with zoning regulations but do not comply with the design objectives or residential design guidelines will be referred to the Planning Commission for resolution or shall be redirected into track two.
c.
Public notice of the Director's decision on a track one project shall be posted at City Hall and on-site for 10 calendar days. Any individual or entity aggrieved by the Director's decision to approve or deny a track one residential district administrative permit may file a written appeal with the Planning Commission Secretary within 10 days of the date that the notice of decision is posted.
B.
Residential Track Two Design Study. Track two is a discretionary review process for projects that require a public hearing with the Planning Commission. All track two projects shall require public notice and a hearing pursuant to CMC § 17.52.110, Notice of Public Hearing.
1.
Applicability. Residential district track two design review is for the construction of new dwellings, rebuilds, substantial alterations, installation of antennas and associated equipment, and other projects that comply with applicable zoning standards and design review guidelines but do not qualify for track one processing.
2.
Procedures. Except for the installation of antennas and associated equipment which shall be subject to the procedures in CMC § 17.58.030(B)(2), design review for track two projects is a three-phase process requiring: (a) preliminary site assessment, (b) design concept review, and (c) final details review. The application shall not be deemed complete until the preliminary site assessment has occurred and the City has received a complete application for design concept review. When a use permit, variance, or other land use permit is required, the application shall not be deemed complete until design concept review is completed and the City has received a complete application for final details review and for the applicable land use permit. The procedure for track two projects includes the following:
Step One: Preliminary Site Assessment. | ||
a. | Applicability. A preliminary site assessment shall be conducted prior to the submission of design concept plans for the following: | |
i. | All new construction, demolition, and grading over 25 cubic yards; | |
ii. | Residential additions that increase building coverage by more than 200 square feet or 10 percent; and | |
iii. | Any project that will require grading within six feet of any tree classified by the City Forester as "significant" or "moderately significant"; and | |
iv. | Any project involving tree removal or requiring significant cuts to the roots or limbs of any tree classified by the City Forester as "significant" or "moderately significant." | |
b. | Submittal Requirements. The applicant shall submit two copies of a topographic survey prepared by a licensed surveyor or a civil engineer prior to submittal of design plans for design review. The survey shall document property boundaries, topographic contours, the location of all trees over two inches DBH, the outline of all existing structures on the property, the location of any easements, existing access, the edge of pavement for all adjoining streets and all existing areas of site coverage. The survey shall be reviewed with the applicant and/or representative in the field by the City Forester and by the Director. Where topography, soil conditions, street configuration or other factors might require unusual drainage solutions, the City Forester or the Director may call in the Public Works Director for additional review and advice. In addition, the applicant shall deposit with the City an amount adequate to pay for a historic evaluation of any structure, dwelling, or property involved that is at least 50 years or greater in age and for which a determination of eligibility/ineligibility for the Carmel Inventory has not yet been made or is out of date. | |
c. | City Forester Review. During the site visit the Forester shall review all trees on-site, in the adjacent right-of-way, and those which significantly overhang the site from adjacent properties. The Forester shall annotate the survey regarding the following: | |
i. | The species, approximate drip line and state of health of each tree; | |
ii. | Each tree shall be classified as to its significance to the urbanized forest based on its species, health and condition, size, form, character, age and location. Classifications used shall be significant, moderately significant and not significant; and | |
iii. | For trees classified as significant or moderately significant the Forester also shall note important limbs that are low enough to encroach into potential building areas and areas where excavation or fill should be avoided to protect roots. Trees classified as significant shall be rated and documented using a standardized tree appraisal form. | |
d. | Director Review. During the site visit, the City Planner shall annotate the survey regarding the following: | |
i. | Design characteristics of the public right-of-way including landscaping, excess paving, and access opportunities or constraints; | |
ii. | Design patterns and context of the immediate neighborhood including number of stories, exterior materials, setbacks, and open space/landscaping features; | |
iii. | The potential for historic resources to be present on the site; | |
iv. | Potential view and privacy issues on neighboring lots; | |
v. | The potential for using setback exceptions, garden levels, basements, and other features of the Zoning Ordinance; and | |
vi. | Unusual grade conditions or prior excavations that may require an approximation of natural grade in planning the building or calculating heights. | |
e. | Survey Copies. Upon completion of both site visits and transfer of annotations to both copies of the survey, one copy shall be returned to the applicant for use in designing the project. The other copy will be retained by the City for use in reviewing the project. In preparing design concept plans the information on the preliminary site assessment map shall be used to avoid impacts on significant trees and minimize impacts on moderately significant trees. Design concepts shall respond to site constraints and opportunities in a manner consistent with the zoning standards, General Plan, and the adopted design guidelines. | |
f. | Historic Resource Review. Planning staff or a qualified professional shall conduct an initial assessment of historic significance consistent with CMC § 17.32.060(B). If there are no historic resources eligible for the Carmel Inventory located on the site, the procedures in CMC § 17.32.060(D) shall be followed. If resources are found on the site that appear to meet the criteria for inclusion in the inventory of historic resources, an intensive survey of the property shall be conducted consistent with CMC § 17.32.060(C). | |
Step Two: Design Concept Review. | ||
a. | Submittal Requirements. The applicant shall prepare design concept plans including "stick" drawings showing building placement, building form, heights, setbacks, access, approximate placement of windows, decks and balconies, proposed tree removals, rough grading, site coverage and floor area. | |
b. | Planning Commission Review. Within 30 days of receiving a complete application, the Director shall schedule the project for a hearing and review of the design concept plans by the Planning Commission. Public notice shall be provided in compliance with the requirements of CMC § 17.52.110, Notice of Public Hearing: | |
i. | The Planning Commission shall review the proposed site design, basic massing, and other elements of the design concept for compliance with the City's design concept guidelines and the findings required in CMC § 17.64.080, Design Study Approval. At the conclusion of this review the PC shall either (1) accept the design concept as submitted, (2) provisionally accept the design concept and provide direction to the applicant on plan revisions necessary to achieve compliance with the design guidelines and/or zoning standards, or (3) continue design concept for preparation of a new design concept if it is substantially out of compliance with the zoning standards or the design guidelines. Applicants unwilling to make the revisions directed by the PC in a provisionally accepted concept design or continued design concept may request denial of the project so that an appeal may be filed. A denial shall not be complete until findings are adopted. | |
ii. | Projects involving a historic resource shall require a determination of consistency pursuant to CMC § 17.32.140. All project approvals shall be consistent with the Secretary of Interior's Standards for Rehabilitation except as provided in CMC § 17.30.010. Following action by the Historic Preservation Board, the project shall be scheduled for design concept and final details review by the Planning Commission consistent with this chapter. | |
Step Three: Final Details Review. | ||
a. | Final Action. The Commission shall take final action on the application after the applicant submits the final design plans for review consistent with the City's "Residential Design Guidelines: Final Details Review" and the findings required in CMC § 17.64.080, Design Study Approval. For projects involving additions or alterations to historic resources or limited changes to nonhistoric structures, the Director may authorize concept review and final details review to occur at the same meeting. | |
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009; Amended during 8/09 update; Ord. 2023-06 § 3, 2023)
§ 17.58.050 Conditions of Approval.
In approving any application for design review, the decision-making authority may impose any conditions deemed necessary to:
A.
Ensure conformance with the policies of the General Plan and the Local Coastal Program;
B.
Comply with all applicable provisions of this code;
C.
Implement applicable adopted design review guidelines;
D.
Require mitigation for unavoidable impacts resulting from the development.
The decision-making authority may not impose any condition or require any modification that is not consistent with any other requirement of the municipal code.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.58.060 Findings Required.
A.
Authority. The Director, Historic Preservation Board, or the Planning Commission as applicable to the project, shall have the authority to approve, approve with modifications and/or conditions, or deny an application for design review based on written findings stating the reasons for the action. Findings shall be based on information in the record.
B.
Findings for Design Review Approval. Before approving an application for design review in any district, the Director, Historic Preservation Board, or the Planning Commission shall find that the final design plans:
C.
Additional Findings for Design Study Approval. In addition to any other findings required by this code (see CMC § 17.64.080, Design Study Approval) the Planning Commission shall make all of the following findings before granting design review approval in the R-1 district:
1.
The project conforms with all zoning standards applicable to the site, or has received appropriate use permits, variances or exceptions consistent with the Zoning Ordinance.
2.
The project contributes 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.
3.
The project is compatible with, and sensitive to, the natural features and built environment of the site and of the surrounding area. The project respects the constraints of the site and avoids excessive grading, cuts and fills. Construction on steep slopes is minimized to the extent feasible and abrupt changes in grade is minimized or mitigated.
4.
The project maintains the City's principles of modesty and simplicity and preserves the City's tradition of simple homes set amidst a forest landscape. The project uses simple building forms and simple roof forms without complexity that would attract undue attention to the site.
5.
The project does not present excess visual mass or bulk to public view or to adjoining properties. The project relates to a human scale in form, elements and in the detailing of doors, windows, roofs and walkways.
6.
Project details and materials (e.g., windows, doors, chimneys, roofs, and stonework) are fully integrated and consistent throughout the design. Building materials are used in a manner that is visually consistent with the proposed architecture. All fenestration is appropriate in size and consistent with a human scale.
7.
The project is consistent with the City's design objectives for protection and enhancement of the urbanized forest and open space resources. Open space is distributed around buildings to provide visual relief from structural bulk and a distinct separation from buildings on adjacent sites.
8.
All demolitions, remodels, and substantial alterations are consistent with the following findings:
a.
The design uses simple/modest building forms and a limited number of roof planes, and a restrained employment of offsets and appendages consistent with the City's design objectives.
b.
The mass of the building relates to the context of other homes in the vicinity that are in conformance with the City's design guidelines related to mass and scale.
c.
The development is similar in size, scale, and form to buildings on the immediate block and neighborhood.
d.
The development does not require removal of any significant trees unless necessary to provide a viable economic use of the property or protect public health and safety. All moderately significant trees have been protected to the maximum extent feasible. All buildings and structures will be set back a minimum of six feet from significant trees.
D.
Findings Required for Approval of Deviations from Design Guidelines. In addition to any other findings required by this code, before approving any project in the single-family residential (R-1) district that deviates from the City's applicable adopted design guidelines, the Director, Historic Preservation Board, or the Planning Commission shall adopt specific findings based on information in the record to show how the proposed deviation from the design guidelines achieves all of the applicable design objectives of CMC § 17.58.010, Purpose and Applicability, as well as, or better than, would be achieved by adherence to the adopted design guidelines.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009)
§ 17.58.070 Enforcement.
No building or grading permit shall be issued until the applicant submits a final site plan and building permit plans showing any changes required as a condition of design review approval. Staff shall review all building permit applications for projects subject to design review for compliance with approved design review plans and any conditions of approval. The Director may refer building permit plans to the Planning Commission for a determination of compliance with conditions of approval. After determining that the site plan and building plans comply with all conditions of approval, the Director shall forward copies of the approved plans to the Building Official. All future development shall comply with the approved building permit plans unless modifications or changes are approved pursuant to the requirements of this code.
Failure to comply with the conditions of approval may result in enforcement proceedings and penalties levied against the applicant and his/her assigns pursuant to Chapter 17.66 CMC.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2009-07 Att. A, 2009)
§ 17.60.010 Purpose.
The purpose of this chapter is to provide the City of Carmel-by-the-Sea, project applicants, and the public with the procedures to be used in administering the City's responsibilities under the California Environmental Quality Act (CEQA), codified as Public Resources Code Section 21000, et seq., as amended. The procedures are intended to protect and assure that citizens of the community contribute to the preservation and the enhancement of the environment.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.60.020 Incorporation of State CEQA Guidelines.
The full text of the State CEQA Guidelines adopted as 14 California Code of Regulations, Title 14, Section 15000, et seq. is hereby incorporated by reference into this chapter as if fully set out herein and shall supersede any inconsistent provisions of these City environmental review procedures. Incorporation by reference shall include any revisions or amendments to CEQA or the State CEQA Guidelines and any and all definitions contained in CEQA and the State CEQA Guidelines. Incorporating CEQA and the State CEQA Guidelines by reference shall not limit the City in adopting additional implementing procedures in accordance with Section 15022 of said guidelines, or other ordinances deemed necessary for the protection of the environment.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.60.030 Coordination Responsibility.
It shall be the responsibility of all departments of the City to coordinate with the Department of Community Planning and Building for environmental review of any project that may be subject to the provisions of the California Environmental Quality Act (CEQA). For the purposes of this chapter, the Department of Community Planning and Building shall hereinafter be referred to as the "Department." Coordination shall include early consultation with the Department to assure proper determination of exemptions and procedures.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.60.040 Decision-Making Body Designated.
A.
The Planning Commission shall be responsible for determining the adequacy of all negative declarations and environmental impact reports for all projects that are approved by the Planning Commission. The Planning Commission shall consider such documents at the same time that the corresponding project is considered.
B.
For all projects approved by other decision-making bodies, the Planning Commission shall serve as an advisory body on the adequacy of all negative declarations and environmental impact reports. If the Planning Commission also serves as an advisory body for the approval of such projects, the environmental documents shall be considered at the same time that the corresponding project is considered, when feasible.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.60.050 Environmental Determination.
If it is determined that a project is not exempt and is subject to CEQA, the Department shall determine within the time limits provided for in Article 8 of the CEQA Guidelines, whether the City intends to prepare an EIR or a negative declaration or use a previously prepared EIR or negative declaration, except as provided in Section 15111 of the CEQA Guidelines.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.60.060 Initial Study.
All projects found not to be exempt from environmental review shall require an initial study pursuant to Article 5 of the CEQA Guidelines, to determine if the project may have a significant effect on the environment. If the Department can determine that an EIR will clearly be required for the project, an initial study is not required but may still be desirable.
A.
The initial study report shall be prepared in accordance with Section 15063 of the CEQA Guidelines. Thresholds of significance shall be determined based on CEQA.
B.
Upon completion of an initial study, an environmental determination shall be made by the Department. Decisions on environmental documents shall be based on the consideration of a completed environmental questionnaire, an environmental checklist and other information generated during the initial study and public review period.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.60.070 Negative Declaration.
A.
A negative declaration or a mitigated negative declaration shall be prepared if the Director determines based on the initial study that the conditions of Section 15070 of the CEQA Guidelines are met. A negative declaration circulated for public review shall be prepared in accordance with Section 15071, and circulated pursuant to Section 15072 of the CEQA Guidelines.
B.
Public review of a draft negative declaration or mitigated negative declaration is required pursuant to Section 21091 of the Public Resources Code. Public review shall be provided pursuant to Section 15073, and within the time limits specified in Article 8 of the CEQA Guidelines.
C.
Prior to approving a project, the City shall consider the negative declaration or mitigated negative declaration, together with any comments received during the public review period. The City shall approve the negative declaration or mitigated negative declaration if it finds, pursuant to Section 15074 of the CEQA Guidelines, that there is no substantial evidence that the project will have a significant effect on the environment.
D.
Upon adoption of a negative declaration, a notice of determination shall be filed in accordance with Section 15075 of the CEQA Guidelines.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.60.080 Environmental Impact Report (EIR).
A.
Process. Upon a determination that an EIR is required, the Department shall initiate the EIR process pursuant to Article 7 of the CEQA Guidelines.
B.
EIR Contents. EIRs shall contain all the information outlined in Article 9 of the CEQA Guidelines.
C.
EIR Review. Review and evaluation of EIRs shall be conducted pursuant to Article 13 of the CEQA Guidelines.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.60.090 Mitigation Monitoring or Reporting.
A.
When findings are made pursuant to Section 21081(a) of the Public Resources Code, or when adopting a mitigated negative declaration pursuant to Section 21081(c)(2) of the Public Resources Code, the decision-making body shall adopt a reporting and monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment.
B.
The monitoring program shall identify the specific actions required to implement each mitigation measure or project change, the person(s) or agency responsible for carrying out the action and the time period for reporting on implementation of the actions.
C.
The monitoring program shall be administered by the Director based on the advice of qualified staff and/or consultants. Reporting shall be made in writing to the decision-making body.
D.
If the decision-making body determines that any firm, person or corporation has failed to carry out the project changes or mitigation measures, the firm, person or corporation responsible is guilty of an infraction and subject to the penalties identified in this code.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.60.100 Fees Established.
Fees for environmental review applications and monitoring programs shall be adopted by resolution of the City Council. Such fees shall be paid at the time an application is made. Copies of environmental documents will be made available to the public and may be obtained for the actual cost of reproduction.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.62.010 Purpose.
The purpose of this chapter is to establish a local process for the review and adoption of the zoning code, specific plans, General Plan, and the Coastal Plan, and for the review and adoption of amendments to said planning documents. Should any of these local procedures conflict with statutory or constitutional requirements, they shall be considered inoperative and the process shall be as established by the City Attorney.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.62.020 Initiation.
A.
Initiation by the City. The City Council, Planning Commission, or the Department of Community Planning and Building may initiate a project to adopt or amend planning documents. When initiated by the City, no letter, application or fee shall be required, but all procedures for public notice, evaluation and environmental review shall apply.
B.
Initiation by Others. Any firm, person or corporation, whether owning real property or not, may initiate the process of adoption or amendment of planning documents. To initiate this process, applicants must file a letter and application explaining the type of action requested. The Director may require additional information before the application is considered complete, including the reasons for the request, proposed text, map(s) or diagrams and other information deemed necessary for an understanding and evaluation of the request. The City Council may, by resolution, establish fees required for the processing of such applications.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.62.030 Evaluation.
All proposed actions to adopt or amend planning documents shall be presented to the Planning Commission for review. All proposed actions to rezone land shall require a written analysis and recommendation by the planning staff. At the conclusion of Planning Commission review, recommendations shall be forwarded to the City Council as to whether the documents or amendments should be adopted, not adopted, or adopted with modifications. The City Council may establish a time limit of not less than 40 days for the Commission to conclude its review. Projects initiated by others need not be forwarded to the City Council if they are withdrawn or abandoned by the initiator(s).
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.62.040 Public Hearings and Notice.
All proposed actions to adopt or amend zoning boundaries and/or specific plans shall require public notice as established in CMC § 17.52.110, Notice of Public Hearing.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.62.050 Inapplicability to Urgency Ordinance.
§ 17.62.060 Amendments to the Local Coastal Program.
A.
Contents of LCP Amendment Submittal. The LCP amendment submittal shall include at a minimum:
1.
A summary of the measure taken to provide the public and affected agencies and districts maximum opportunity to participate in the LCP amendment process; a listing of members of the public, organizations, and agencies appearing at any hearing or contacted for comment on the LCP amendment; and copies or summaries of significant comments received and of the local government or governing authority's response to the comments.
2.
All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary data, related to the amendment in sufficient detail to allow review for conformity with the requirements of the Coastal Act. Written documents should be readily reproducible. An amendment to a land use plan shall include, where applicable, a readily identifiable public access component.
3.
A discussion of the amendment's relationship to and effect on the other sections of the certified LCP.
4.
An analysis of the potential significant adverse cumulative impacts on coastal resources and access of existing and potentially allowable development proposed in the LCP.
5.
Any environmental review documents, pursuant to CEQA, required for all or any portion of the amendment to the LCP.
6.
An indication of the zoning measures that will be used to carry out the amendment to the land use plan (unless submitted at the same time as the amendment to the land use plan).
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.010 General Findings Required for All Use Permits.
A.
In its review of applications for use permits, the Planning Commission shall evaluate each proposed use in order to consider its impact on the City. No use permit shall be granted unless all of these general findings can be made:
1.
That the proposed use will not be in conflict with the City's General Plan.
2.
That the proposed use will comply with all zoning standards applicable to the use and zoning district.
3.
That granting the use permit will not set a precedent for the approval of similar uses whose incremental effect will be detrimental to the City, or will be in conflict with the General Plan.
4.
That the proposed use will not make excessive demands on the provision of public services, including water supply, sewer capacity, energy supply, communication facilities, police protection, and fire protection.
5.
That the proposed use will not be injurious to public health, safety or welfare.
6.
That the proposed use will be compatible with surrounding land uses and will not conflict with the purpose established for the district within which it will be located.
7.
That the proposed use will not generate adverse impacts affecting health, safety, or welfare of neighboring properties or uses.
B.
Coastal Development Permits. All decisions on coastal development permits shall be accompanied by written findings:
1.
That the project as described in the application and accompanying materials, as modified by any conditions of approval, conforms with the certified City of Carmel-by-the-Sea Local Coastal Program; and
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.020 General Findings Required for Commercial Use Permits.
In addition to the general findings required for all use permits listed above, no use permit shall be granted for commercial or business uses unless all of these general findings can be made:
A.
That allowing the proposed use will not conflict with the City's goal of achieving and maintaining a balanced mix of uses that serve the needs of both local and nonlocal populations.
B.
That proposed use will provide adequate ingress and egress to and from the proposed location.
C.
That the capacity of surrounding streets is adequate to serve the automobile and delivery truck traffic generated by the proposed use.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.030 Purpose of Special Findings.
Due to their unusual nature or their potential impact on the character of the community, certain uses may require that special findings be made. In addition to the general findings required by CMC § 17.64.010, the following special findings for the uses identified below shall be made prior to the granting of a use permit for said uses.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.040 Above-Ground Parking Structures Located Within 100 Feet of an R-1 Zone.
The following special findings are required for off-street parking within 100 feet of the R-1 district:
A.
That the proposed parking area meets the standards for off-street parking established in Chapter 17.38 CMC;
B.
That the parking facility is attractively landscaped and meets all requirements for a commercial parking lot contained in CMC § 17.12.020(F) and (G);
C.
That the height of any parking structure will not exceed 16 feet above the official grade of the public right-of-way adjacent to the structure;
D.
That the design of the parking facility is in scale and compatible with the adjoining structures and the surrounding neighborhood;
E.
That the proposed improvements will not increase the amount of site coverage devoted to parking;
F.
That the location of the entrances and exits will (1) minimize the impact on adjacent residential land uses, and (2) provide sufficient sight distance and separation from street intersections and other driveways to maintain vehicular and pedestrian safety;
G.
That the capacity of the public streets are adequate to accommodate the vehicular traffic generated by the parking area;
H.
That any proposed improvements to increase the number of parking spaces will have a corresponding benefit in reducing existing on-street parking in the adjoining residential neighborhood; and
I.
That the location and intensity of proposed lighting fixtures are (1) minimal to meet the basic requirements of public safety, and (2) away from and without impact on adjacent residential structures.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.050 Adverse Impacts to Historic Resources.
The following special findings are required for approval of any permit that will authorize significant adverse impacts inconsistent with the Secretary's Standards to any historic resource:
A.
There is an immediate need to address a public health and safety emergency; or
B.
That, as determined through the environmental review process, there are no feasible alternatives consistent with the Secretary's Standards that would result in a project with at least one-third of the base floor area allowed by the zoning applicable to the site.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.060 Ancillary or Accessory Uses.
The following special findings are required for approval of ancillary or accessory uses:
A.
That all proposed ancillary uses are compatible with the primary use;
B.
That the proposed land use, considered as a whole, appears to have the primary and ancillary uses united by a consistent theme and that the use will not exhibit a character of multiple, unrelated activities combined into one business; and
C.
That the use will contribute to the character of the commercial district as a residential village with a mix of unique retail and service shops.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.070 Demolition and Conversion of Residential Structures.
The following special findings are required for demolition, or conversion of residential structures:
A.
That the proposed action will not result in the conversion of any floor space occupied by residential dwelling units to nonresidential use located at any level above the first story in any commercial or R-4 zone; and
B.
That the proposed action meets all requirements of the Government Code of the State of California related to affordable housing including Government Code Section 65590.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.080 Design Study Approval.
A.
Concept Phase Approval Findings. The following special findings are required for acceptance of the design concept for a residential design study. Project designs found to meet these findings may proceed to final design details review.
1.
The project conforms with all zoning standards applicable to the site, or has received appropriate use permits or variances consistent with the Zoning Ordinance.
2.
The project is consistent with the City's design objectives for protection and enhancement of the urbanized forest, open space resources and site design. The project's use of open space, topography, access, trees and vegetation will maintain or establish a continuity of design both on-site and in the public right-of-way that is characteristic of the neighborhood.
3.
The project avoids complexity using simple building forms, a simple roof plan and a restrained employment of offsets and appendages that are consistent with neighborhood character, yet will not be viewed as repetitive or monotonous within the neighborhood context.
4.
The project is adapted to human scale in the height of its roof, plate lines, eave lines, building forms, and in the size of windows doors and entryways. The development is similar in size, scale, and form to buildings on the immediate block and neighborhood. Its height is compatible with its site and surrounding development and will not present excess mass or bulk to the public or to adjoining properties. Mass of the building relates to the context of other homes in the vicinity.
5.
The project is consistent with the City's objectives for public and private views and will retain a reasonable amount of solar access for neighboring sites. Through the placement, location and size of windows, doors and balconies the design respects the rights to reasonable privacy on adjoining sites.
6.
The design concept is consistent with the goals, objectives and policies related to residential design in the general plan.
7.
The development does not require removal of any significant trees unless necessary to provide a viable economic use of the property or protect public health and safety. All buildings are set back a minimum of six feet from significant trees.
B.
Final Details Phase Approval. The following special findings are required for final approval of a residential design study application.
1.
The proposed architectural style and detailing are simple and restrained in character, consistent and well integrated throughout the building and complementary to the neighborhood without appearing monotonous or repetitive in context with designs on nearby sites.
2.
The proposed exterior materials and their application rely on natural materials and the overall design will add to the variety and diversity along the streetscape.
3.
Design elements such as stonework, skylights, windows, doors, chimneys and garages are consistent with the adopted design guidelines and will complement the character of the structure and the neighborhood.
4.
Proposed landscaping, paving treatments, fences and walls are carefully designed to complement the urbanized forest, the approved site design, adjacent sites and the public right-of-way. The design will reinforce a sense of visual continuity along the street.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.090 Family Day Care, Large Family.
The following special findings are required for approval of the operation of large family day care homes serving seven to 12 persons:
A.
That the proposed use adheres to all State of California Department of Social Services requirements for large family day care centers and the standards of this subsection;
B.
That the large family day care home is not within 300 feet of any other such licensed facility;
C.
That the fire and building departments approve clearance for use of the residential structure as a large family day care home; and
D.
The primary use of the structure is as a residence.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.100 Increase in Commercial Floor Area, Commercial Spaces or Business.
The following findings are required for approval of an activity resulting in an increase in commercial floor area, commercial spaces or businesses:
A.
That the proposed development has been found consistent with Chapter 17.30 CMC related to the demolition of structures;
B.
That the proposed development has been found consistent with CMC § 17.14.050(A), (E) and (F), related to the demolition and conversion of residential uses;
C.
That the proposed development has been found consistent with CMC § 17.50.040, Effects of Allocation, related to water consumption;
D.
That parking will be provided to serve all new development on the site consistent with the provisions of Chapter 17.38 CMC, Off-Street Parking Requirements;
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.110 Merchandise Marts.
The following special findings are required for approval of merchandise marts:
A.
That the proposed use is consistent with the standards and conditions established in CMC § 17.14.040(T)(11); and
B.
That no enclosure or separate business is proposed and that the internal and external appearance of the merchandise mart will be that of one business.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.120 Motels – Existing Motel Uses and the Reconstruction of Motel Buildings in Commercial and R-4 Districts.
The following special findings are required for use permits for existing motel uses and for reconstruction of motel buildings:
A.
That the motel or hotel was in existence and lawfully established prior to April 1988 and has remained in operation since that time. That the proposed use will not increase the number of lodging units in existence as of that date.
B.
That the proposed use will be operated as a commercial business offering transient lodging for guests and visitors. That the use will maintain living quarters occupied by a full-time manager on-site, if such occupancy was previously established as part of the use.
C.
That the minimum number of units on the site is five. That, except for the manager's unit, no units shall contain kitchens or similar facilities for cooking food.
D.
That, when reconstruction is involved, a site plan has been approved through the design review process that maximizes usable open space, minimizes unrelieved expanses of pavement devoted to parking and conforms in all respects to the commercial design requirements in Chapter 17.14 CMC, Commercial Zoning Districts.
E.
That the use meets all parking requirements for all uses on the site established by Chapter 17.38 CMC, Off-Street Parking Requirements.
F.
That incidental service uses provided by the motel, that are not otherwise allowed within the land use district, will be limited to use by motel occupants only and will not be made available to the general public.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.130 Nonconforming Structure – Reconstruction of a Structure More Than 75 Percent Destroyed.
The following special findings are required for reconstruction of a nonconforming structure destroyed by more than 75 percent of the value of the structure from fire, explosion, acts of God, or act of the public enemy:
A.
That the reconstruction of the structure will not increase the nonconformity of the structure from the way it existed before it was destroyed;
B.
That based on plans and evidence submitted to the Planning Commission, the size, architecture and design of the reconstructed structure is not appreciably changed from the way it existed before it was destroyed;
C.
That based on the recommendation of the City's Building Official, the reconstruction of the structure will not constitute a hazard to health and safety; and
D.
That unless the structure is determined to be a significant building that could be reconstructed under the Historic Building Code or as otherwise determined by the Building Official, the structure shall meet the current Uniform Building Code.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.140 R-1 District – R-1 Motels. [1]
The following special findings are required for approval of R-1 motels:
A.
That the use was in existence as a motel prior to, and on, January 1, 1967;
B.
That all structures conform in design and bulk with the residential character of the surrounding area;
C.
That all taxes levied upon the property or due the City from any owner or operator or prior owner or operator of the motel have been paid; and
D.
That the site area of the motel has been established in City records by filing a dimensional site plan prepared by a licensed professional.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
[1]
Note: These provisions approved by voter initiative.
§ 17.64.150 R-1 District – Remodeling, Reconstruction or Alteration of R-1 Motels.
The following special findings are required for approval of remodeling, reconstruction or alteration of motels in the R-1 district:
A.
That all structures are compatible with the residential character of the surrounding neighborhood;
B.
That upon reconstruction, remodeling or alteration the total site coverage of all buildings shall not exceed 35 percent of the total site area;
C.
That the construction will not result in an increase in floor area beyond that existing when the original use permit was issued; and
D.
That the construction will conform with all setback and height requirements applicable to the R-1 district.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.160 R-1-PO District – Construction on Large or Irregularly Shaped Lots.
The following special findings are required for approval of construction on large or irregularly shaped lots in the R-1-PO district:
A.
That the proposed setbacks afford maximum protection for the adjoining park lands for the benefit of the public while still accommodating reasonable development of the property;
B.
That the proposed setbacks will not constitute a grant of special privileges to the property owner and that the increased flexibility authorized by the proposed setbacks is balanced by a larger or more appropriately designed setback from the park that will protect and/or enhance the enjoyment of the park by the public; and
C.
That the proposed setbacks are designated on an approved plan attached to the permit for purposes of documentation and recordation.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.170 R-1-PO District – Increased Height or Stories.
The following special findings are required for approval of increased height in the R-1-PO district:
A.
That due to the topography of the site relative to the adjoining park or open space land, the proposed building will not exceed the height or bulk of a structure built on a site at the same grade as the adjoining park and in conformance with the standards in CMC § 17.20.090, Minimum Standards, for the park overlay district, or that topography is irrelevant because the location of the buildings on the site avoids view of the buildings from the park;
B.
That all proposed building elements exceeding 18 feet in height above grade are limited to chimneys and pitched roof structures with no more than one-half of the distance between the peak or ridge of the roof and the top plate extending above 18 feet; and
C.
That those portions of the building visible from the park will exhibit a human-scale, residential character that will not detract from the enjoyment of the park or open space by the public.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.180 R-1-PO District – Modification of Setbacks.
The following special findings are required for modification of setbacks in the R-1-PO district:
A.
That the reduction of area of any adjusted setback(s) will not exceed the area of the lot covered by the increased setback from the park established by CMC § 17.20.090, Minimum Standards;
B.
That a minimum width of at least three feet will be maintained for the full length of the setback after the adjustment;
C.
That by reducing any setbacks the proposed structure will not interfere with safe access to other properties in the neighborhood or otherwise result in damage or injury to the use of other adjoining properties; and
D.
That structures proposed for construction within reduced setback areas will be compatible with the residential character of the neighborhood and will exhibit a human scale without excessive building bulk, mass or unrelieved surfaces.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.190 Residential Construction at Densities Between 33 and 44 Units Per Acre.
To encourage the creation of affordable housing, certain projects may be granted either bonus density (subsection (A) of this section) or a density bonus (subsection (B) of this section). Affordable housing bonuses allowed pursuant to CMC § 17.14.140(D) shall only be required to meet subsection (C) of this section.
A.
Bonus Density. Within the R-4 zoning district, additional housing units may be allowed up to a maximum of 44 units per acre (see CMC § 17.12.020(C)) when one of the following three standards are met:
1.
That at least 20 percent of all units on the site will be used as housing for "lower-income households" as defined by the Association of Monterey Bay Area Governments (AMBAG); or
2.
That at least 10 percent of all units on the site will be used as housing for "very low-income households" as defined by AMBAG; or
3.
That at least 50 percent of all dwelling units on the site will be used as housing for "senior citizens" as established in California Housing Statutes.
B.
Density Bonus. The following special findings are required for approval of a density bonus within areas with core commercial and/or residential/commercial land use designations, as allowed by Government Code Sections 65915 et seq.:
1.
In order to facilitate the provision of affordable housing, the City shall grant a density bonus and other incentives and concessions for residential developments in conformance with State Density Bonus Law (Government Code Sections 65915 et seq.) as it may be amended from time to time.
2.
Affordable housing projects produced in accordance with this section shall be in conformity with the Local Coastal Program (including with regard to preservation of community character, tree and urban forest protections, preservation of public views, provision of public recreational access, and open space protections), with the exception of the density provisions.
3.
Affordable housing projects produced in accordance with this section shall be located in areas with core commercial and/or residential/commercial land use designations.
C.
Affordable housing units produced pursuant to subsection (A) or (B) of this section or CMC § 17.14.140(D) shall be administered by a City-approved public or quasi-public agency involved in affordable housing programs, or will be verified by the City based on documentation supplied annually by the property owner, in conformance with State Density Bonus Law.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2016-02 § 3, 2016; Ord. 2016-04 § 3, 2016)
§ 17.64.200 Retail Space of Less Than 200 Square Feet or Greater Than 5,000 Square Feet.
The following special findings are required for approval of a use permit to create a retail space of less than 200 square feet or greater than 5,000 square feet:
A.
That the size of the proposed space reflects the range of retail sizes found within the immediate area and will not break the rhythm of storefronts established along the street frontage or within a courtyard as viewed by pedestrians;
B.
That the proposed size is compatible with the design of the building;
C.
That the size of the proposed space will not create a sense of monotony in storefront design or type of retail window display and the proposed size will reinforce the sense of discovery and vitality found along the street frontage that is engendered by frequent changes in building design, window displays and land uses;
D.
That the proposed land use is compatible with the objectives and policies of the general plan and will reinforce the character of the downtown as a retail district in a residential village with unique shops and a wide variety of goods for residents and visitors; and
E.
That, as conditioned, the permit authorizing this size of retail space will be limited to a specific land use and any change in land use will require either a separate use permit or conversion of the space to a size between 200 and 5,000 square feet.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.210 Variance.
The following special findings are required for approval of a variance:
A.
That due to special physical circumstances applicable to the property, the strict application of the Zoning Ordinance will deprive the property of privileges enjoyed by other properties in the vicinity which were developed under the same limitations of the Zoning Ordinance;
B.
That the variance will not constitute a grant of special privilege inconsistent with limitations on other property in the vicinity and within the same zone;
C.
That the variance will not be detrimental to adjacent property or injurious to public health, safety or welfare;
D.
That the condition or situation of the property for which the variance is sought is not so general or recurrent in nature as to make reasonable or practical the formulation of a general regulation to address such condition or situation;
E.
That the situation or condition for which the variance is sought was not the result of actions of the existing or any prior owner of the property; and
F.
That granting the variance will not be in conflict with the General Plan, or the general zoning objectives of the district within which the affected property lies.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.64.220 Affordable Housing – Residential Construction at Densities Between 45 and 88 Units Per Acre.
The following special findings are required for approval of exceptions to zoning standards for projects consisting entirely of affordable housing:
A.
That the project consists entirely of affordable housing units for low- and/or very low-income households, as defined in Chapter 17.70 CMC.
B.
That the project, and any zoning exceptions requested, will not be detrimental to adjacent properties or injurious to public health, safety or welfare.
D.
That the project will preserve the community character and will be compatible with the streetscape, mass, bulk and height of the surrounding neighborhood context.
E.
That the affordable housing units will be administered by a City-approved public or quasi-public agency involved in affordable housing programs, or will be verified by the City based on documentation supplied annually by the property owner.
F.
That the project will not diminish the village character by excessively blocking important public or private views and disturbing natural topography, mature trees, or native growth.
(Ord. 2007-03, 2007; Ord. 2009-02, 2009; Ord. 2016-02 § 4, 2016; Ord. 2016-04 § 4, 2016)
§ 17.64.230 Single-Family Dwellings in the SC and RC Districts (Required Findings for Approval).
A.
There is an existing single-family dwelling on site that is being maintained, remodeled, altered, expanded or demolished and replaced with a new single-family dwelling; or
B.
The project contributes to community character and will be compatible with the streetscape, mass, bulk and uses of surrounding properties.
(Ord. 2012-07 (Exh. A), 2012)
§ 17.66.010 Enforcing Officer.
The Director is responsible for the enforcement of the planning and zoning code and is authorized and empowered to act for the City in discharging such responsibility.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.66.020 Inspections.
The Director, or his agent, shall make such inspections as may be required to enforce the provisions of the planning and zoning code of the City.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.66.030 Nuisances – Abatement.
Any building or structure set up, erected, built or maintained for any use of property contrary to the provisions of this planning and zoning code shall be, and the same is declared to be, unlawful and a public nuisance, and the City Attorney may, upon notice from the Director of the Department of Community Planning and Building, and shall, upon order of the City Council, immediately commence action or actions, proceeding or proceedings to abate such nuisance, and/or to remove such structure, and/or to enjoin any person from committing such nuisance in the manner provided by law.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.66.040 Violation – Arrest Procedures.
A.
Power and Authority. The Director of the Department of Community Planning and Building, the Building Official and the Code Enforcement Officer, or their authorized deputies shall each have the power and authority to arrest a person, without a warrant, whenever there is reasonable cause to believe that such person has committed a violation of CMC Titles 15 or 17.
B.
Written Notice (Citation) for Infraction. If the person arrested is believed to have committed a violation which is determined to be an infraction, said City officials shall have the authority to prepare a written notice (citation) directing such person to appear in court, and to release such person upon obtaining a written promise to appear in court on the date indicated in the citation.
C.
Written Notice (Citation) for Misdemeanor. If the person arrested is believed to have committed a violation which is determined to be a misdemeanor, unless such person demands to be booked and taken before a magistrate, said City officials shall have the authority to prepare a written notice to appear (citation) directing such person to appear in court, and to release such person upon obtaining a written promise to appear in court on the date indicated in the citation without the need to first post bail.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
§ 17.66.050 Revocation.
A.
Revocation Hearing. As determined by the Director of the Department of Community Planning and Building, if one or more of the conditions of approval or terms of a land use permit or variance have not been, or are not being, complied with, or where a land use permit or variance was approved on the basis of false, misleading or incomplete information, written or oral, given by the holder of such land use permit or variance, the Planning Commission shall hold a public hearing to consider revocation or modification of such land use permit or variance.
B.
Notice. The Secretary of the Planning Commission shall cause the required notice of public hearing to be given, including mailing a copy thereof to the holder of such permit or variance. Such notice shall be given not less than 10 calendar days prior to the date of the public hearing.
C.
Action of Planning Commission – Notice of Decision.
1.
Following the public hearing, the Planning Commission may revoke, wholly or in part, or otherwise modify said land use permit or variance;
2.
Written notice of the decision of the Planning Commission shall be mailed within three days of the date of decision to the appellant and to those persons who have requested, in writing, a copy of the decision from the Secretary of the Planning Commission.
§ 17.66.060 Enforcement and Penalties.
B.
Any person who performs or undertakes development in violation of the LCP or inconsistent with any coastal development permit previously issued may, in addition to any other penalties, be civilly liable in accordance with the provisions of Public Resources Code Section 30820.
C.
Pursuant to Public Resources Code Section 30811, the Director of Community Planning and Building may, after a public hearing, order restoration of a site if it is found that the development has occurred without a coastal development permit from the appropriate authority, the development is inconsistent with the Coastal Act, and the development is causing continuing resource damage. Pursuant to Public Resources Code Section 30821.6, any person who intentionally or negligently violates a restoration order may be civilly liable for a penalty for each day in which the violation persists.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)