CITY COUNCIL: Ordinance Requiring Demolition Permit Applications to be Reviewed by Planning Commission (Second Reading)

Meeting Date: 2 December 2008
Prepared by: Sean Conroy,
Planning & Building Services Manager

City Council
Agenda Item Summary

Name: Second reading of an Ordinance revising CMC chapter 17.30.010 (Demolition of Buildings) to require all demolition permit applications to be reviewed by the Planning Commission.

Description: The Design Review Board now reviews demolition permit applications for projects which do not require a land use permit. The proposed revision would shift all review of demolition permit applications to the Planning Commission.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Ordinance.

Important Considerations: CMC section 17.30 indicates that demolition permit applications can be reviewed by either the Design Review Board or the Planning Commission. This revision would require all demolition permit applications to be reviewed by the Planning Commission. This would create a more balanced workload between the Design Review Board and the Planning Commission.

Decision Record: The Planning Commission recommended adoption of the attached ordinance on October 8, 2008. City Council approved adoption of the Ordinance upon first reading on November 4, 2008.

Reviewed by:


__________________________ _____________________
Rich Guillen, City Administrator Date


CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG. & BLDG. SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 2 DECEMBER 2008
SUBJECT: SECOND READING OF AN ORDINANCE REVISING CMC CHAPTER 17.30.010 (DEMOLITION OF BUILDINGS) TO REQUIRE ALL DEMOLITION PERMIT APPLICATIONS TO BE REVIEWED BY THE PLANNING COMMISSION

BACKGROUND & PROJECT DESCRIPTION
The City Council discussed issues related to the workload of the Design Review Board and the Planning Commission at its meeting on September 9, 2008. At that time, Council directed staff to revise the zoning code to require all demolition permit applications to be reviewed by the Planning Commission.

CMC chapter 17.30.010 states that demolition permit applications can be reviewed by the Design Review Board or the Planning Commission. CMC chapter 17.52.050 indicates that the Design Review Board reviews applications not specifically reserved for the Planning Commission and/or projects that do not require a land use permit.

The proposed ordinance, which Council approved for adoption at first reading on November 4, 2008, revises CMC Chapter 17.30.010 (see attached) to reserve all demolition permit applications for the Planning Commission. Previously, the Planning Commission recommended adoption of the revised ordinance at its meeting on October 8, 2008.

EVALUTION
Process: This project will be a revision to the City’s Zoning Ordinance/Local Coastal Implementation Plan. As such, Coastal Commission certification will be required after Council approval.

General Plan: The General Plan addresses general design review standards, but does not address the roles of the Planning Commission and Design Review Board. The proposed amendment to the zoning ordinance does not conflict with the General Plan. Agendas: Over the past several years, the agendas of the Design Review Board have averaged more items per meeting than those of the Planning Commission. Transferring demolitions and reconstruction applications to the Planning Commission will help balance the workloads of the two bodies. The Design Review Board will continue to handle design review applications for projects that do not require any type of land use permit (i.e., substantial alterations).

RECOMMENDATION
Adopt the attached Ordinance revising CMC chapter 17.30.010, upon second reading.


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE NO. 2008-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING THE LOCAL COASTAL IMPLEMENTATION PLAN/MUNICIPAL CODE SECTIONS 17.30.010 (Demolition of Buildings)

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself on its village character; and

WHEREAS, the City has adopted a General Plan and Municipal Code that strive to protect the village character through clear policies and regulations that guide property owners in the protection of the residential character; and

WHEREAS, the Municipal Code currently requires approval from either the Design Review Board or the Planning Commission for demolition permit applications; and

WHEREAS, to create a more balanced workload between the Planning Commission and Design Review Board, this ordinance will require the Planning Commission to review all demolition permit applications; and

WHEREAS, this ordinance is exempt from the California Environmental Quality Act (class 5) as it will not have a significant impact on the environment; and

WHEREAS, the Planning Commission recommended adoption of the attached amendments to the zoning ordinance on October 8, 2008.

NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby adopt the attached ordinance (first reading) revising CMC chapter 17.30.

SEVERABILITY
If any part of this ordinance, even as small as a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part.

EFFECTIVE TIME PERIOD
This ordinance shall become effective thirty (30) days after final passage and adoption, or upon certification by the California Coastal Commission, which ever occurs last.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 2nd day of December 2008 by the following roll call vote:

AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:

SIGNED,

__________________________________
Heidi Burch, City Clerk

ATTEST:

________________________
SUE McCLOUD, MAYOR



Chapter 17.30
DEMOLITION OF BUILDINGS
17.30.010 Demolition or Rebuilding of Buildings.
Except when required for the emergency protection of public health or safety as determined by the City Administrator in consultation with the Building Official, no permit authorizing the demolition of any building within any district shall be issued until reviewed by the Planning Commission or Design Review Board in accordance with the findings established in CMC

17.64.070, Demolition and Conversion of Residential Structures (if applicable). No permit for demolition shall be approved without the concurrent review and approval of replacement construction for the site. If the structure or site is identified as an historic resource, the demolition is prohibited except when approved by the Historic Resources Board and the Planning Commission consistent with the findings established in CMC.

17.64.050. All related land use, design review and environmental review approvals and the processes established in Chapter 17.32 CMC, Historic Preservation, also shall be followed. The demolition or relocation of any structure shall require a coastal development permit. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).