CITY COUNCIL: Ordinance Amending LCP to Rezone Site from RC District to CP District

Meeting Date: 6 January 2009
Prepared by: Sean Conroy,
Planning & Building Services Manager

City Council
Agenda Item Summary

Name: Consideration of an Ordinance amending the Local Coastal Program to rezone a site located on the east side of Dolores Street between Fourth and Fifth Avenues from the Residential and Limited Commercial (RC) District to the Community Plan (CP) District. (First Reading)

Description: This rezone issue involves an 8,000-foot site owned by the Carmel Foundation. The site is developed with nine units of affordable senior housing. The proposed Community Plan District would allow the creation of the Trevvett Court Specific Plan. This Specific Plan would allow the redevelopment of the site to include 14 units of affordable senior housing and an underground garage.

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

Staff Recommendation: Adopt the Ordinance (1st Reading).

Important Considerations: Specific Plans are a substitute for standard zoning districts and apply to selected areas within the City. Specific Plans may be used to address unique site characteristics and/or for projects that promote affordable housing. In order to adopt a specific plan, the project site must first be rezoned to the Community Plan (CP) District.

Decision Record: The Planning Commission adopted a Resolution forwarding recommendations to the City Council on 16 December 2008.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
DATE: 6 JANUARY 2009
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING THE LOCAL COASTAL PROGRAM TO REZONE A
SITE LOCATED ON THE EAST SIDE OF DOLORES STREET BETWEEN FOURTH AND FIFTH AVENUES FROM THE RESIDENTIAL AND LIMITED COMMERCIAL (RC) TO THE COMMUNITY PLAN (CP) DISTRICT

BACKGROUND AND PROJECT DESCRIPTION
In 2006, the Carmel Foundation approached the City about redeveloping the Trevvett Court site. The proposal was to demolish the existing buildings on the site and construct 14 units of affordable senior housing and a subterranean garage. The project would require exceptions to zoning standards for density, floor area, height and setbacks.

The City determined to adopt an Ordinance that would not only allow the Trevvett Court project to be approved, but would also apply to any future projects that were exclusively devoted to affordable housing.

On 10 December 2008, the California Coastal Commission certified the affordable housing ordinance, with significant modifications. The modifications removed the City’s ability to grant exceptions to floor area, height and setbacks. Therefore, without a Specific Plan, the Trevvett Court project cannot be approved.

Approval of a Specific Plan requires: 1) a recommendation from the Planning Commission; 2) City Council adoption of an Ordinance (1st & 2nd reading) designating the property as a Community Plan District; 3) City Council adoption of a Resolution establishing the language of the Specific Plan; and 4) certification by the Coastal Commission.

The Resolution is attached as a separate item on this agenda.

RECOMMENDATION
Adopt both the Resolution and the Ordinance.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-CONSIDERATION OF AN ORDINANCE AMENDING THE LOCAL COASTAL PROGRAM TO REZONE A SITE A SITE LOCATED ON THE EAST SIDE OF DOLORES STREET BETWEEN FOURTH AND FIFTH AVENUES FROM THE RESIDENTIAL AND LIMITED COMMERCIAL (RC) DISTRICT TO THE COMMUNITY PLAN (CP) DISTRICT

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself on its residential 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 General Plan encourages the creation of ordinances that promote affordable housing and reduce governmental restraints on the provision of affordable housing; and

WHEREAS, Municipal Code chapter 17.22 requires that a site be zoned Community Plan (CP) in order to adopt a specific plan; and

WHEREAS, the Planning Commission recommended adoption of the ordinance on 16 December 2008.

NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby ordain as follows:

Block 51, Lots 10 and 12 are hereby classified as a Community Plan (CP) District.

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 ___ day of ________ 2009 by the following roll call vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS

SIGNED,

_______________________
Heidi Burch, City Clerk

ATTEST:

________________________
SUE McCLOUD, MAYOR