Meeting Date: 6 March 2012
Prepared by: Sean Conroy, Ping & Bldg Services Manager
City Council
Agenda Item Summary
Name: Consideration of an Ordinance Amending the Zoning Ordinance/Local Coastal Implementation Plan to make single family residential dwellings a limited use and to establish additional requirements for residential projects in the commercial districts (First reading).
Description: The proposed amendments would change single family dwellings from a permitted use to a limited use. This means that only sites with existing single family dwellings in the commercial districts could maintain or redevelop a single family dwelling. The proposed amendments would also impact two-unit residential projects, and prohibit residential units on the first story of any building fronting on a public street in the Central Commercial (CC) District.
Overall Cost: N/ A
Staff Recommendation: Adopt the Ordinance (First Reading).
Important Considerations: Single family dwellings are currently considered a permitted use in the commercial districts. For most commercial district neighborhoods, single family dwellings would likely appear out of place and would be inconsistent with the character of the downtown. Allowing new single family dwellings could negatively impact community character. The proposed amendments are meant to protect and enhance the mixed-use character of the downtown.
Decision Record: On 26 October 2011 the Planning Commission recommended that the Council adopt the proposed amendments to the Zoning Ordinance/Local Coastal Implementation Plan.
Reviewed by:
Jason Stilwell, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
COMMITTEE REPORT
TO: MAYOR MCCLOUD & MEMBERS OF THE CITY COUNCIL
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: 6 MARCH 2012
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING
THE ZONING ORDINANCE/LOCAL COASTAL
IMPLEMENTATION PLAN TO MAKE SINGLE
FAMILY RESIDENTIAL DWELLINGS A LIMITED
USE AND TO ESTABLISH ADDITIONAL
REQUIREMENTS FOR RESIDENTIAL PROJECTS IN
THE COMMERCIAL DISTRICTS (FIRST READING)
BACKGROUND AND PROJECT DESCRIPTION
During the review of recent projects in the Residential and Limited Commercial (RC)
District, the Planning Commission had expressed some concern regarding the potential
incompatibility of new single family residential dwellings in the commercial districts.
The Commission had also expressed concerns regarding the ability to construct two unit
residential projects with one very large unit and one very small unit. In its review of a
two projects on appeal in 2011, the City Council also raised similar concerns.
In response, the Commission appointed a sub-committee made up of Commissioner
Reimers, Commissioner Beach, and staff. The subcommittee met on several occasions to
review these issues and to develop recommendations. The subcommittee presented its
recommendations to the Planning Commission on 24 August 2011 and again on 26
October 2011.
On October 26, 2011 the Planning Commission unanimously voted to recommend
adoption of the attached amendments to the Zoning Ordinance. The amendments
include:
• Making single family dwellings a limited use rather than a permitted use in all
commercial districts;
• Establishing a unit size ratio for all two unit residential developments in the
commercial districts; and
• Prohibiting residential uses on the first story of any building that fronts on a public
street in the Central Commercial (CC) District.
PROCESS
The Zoning Ordinance/Local Coastal Implementation Plan is part of the City’s adopted
Local Coastal Program. Any amendment to the Zoning Ordinance requires review by the
Planning Commission, adoption by the City Council and certification by the California
Coastal Commission.
EVALUATION
Single Family Residential Use: Schedule II-B found in Carmel Municipal Code (CMC)
Section 17.14 identifies the following three types of use categories: Permitted (P),
Conditional (C), and Limited (L). A permitted use that complies with the applicable
municipal code requirements is permitted by right and cannot be denied. Single family
dwellings are listed as a permitted use in all commercial districts. A proposed single
family residential project could not be denied based on objections to the use itself. For
example, if a property owner on Ocean Avenue proposed to convert a commercial
building to a single family residence, and was not requesting any discretionary approvals
(design review, variance, use permit, etc.), the proposal could not be denied. Single
family projects that require other discretionary permits could still be denied or altered
based the discretionary aspects of the application, but not based on the use.
A conditional use requires the issuance of a conditional use permit by the Planning
Commission. Conditional uses must meet specific adopted standards in order to be
approved, but are also subject to the discretion of the Commission. Examples include
restaurants, drinking places and multi-family projects at certain densities.
Limited uses are required to meet specific adopted limitations, but do not require the
issuance of a conditional use permit. Provided the specific limitations are met, a limited
use can be authorized administratively by staff. Examples include convenience markets
and vehicle repair shops.
The subcommittee and the Planning Commission are recommending that single family
dwellings be changed from a permitted use to a limited use in all commercial districts.
Under this recommendation, only sites that are currently developed with a single family
dwelling would be permitted to maintain or rebuild a single family dwelling. The reasons
for this recommendation include:
• For most commercial district neighborhoods, single family dwellings would likely
appear out of place and would be inconsistent with the character of the downtown.
Allowing new single family dwellings could negatively impact community
character and the retail aspect of the commercial core.
• Except for in the RC District where single family dwellings are limited to R-1
standards, single family residential projects in the CC or SC Districts could take
advantage of the more liberal floor area ratios of the commercial districts. For
example, a single family dwelling in the CC or SC District could have a floor area
ratio of up to 135%. On a 4,000 square foot lot, this would result in a 5,400 square
foot dwelling, compared to an 1,800 square foot dwelling that would be allowed
on a similarly sized lot in the R-1 District.
• The General Plan encourages the development of housing in the downtown,
particularly when part of mixed used development. Prohibiting single family
dwellings on sites where a single family dwelling does not currently exist would
require new residential development to have at least two units and would more
likely result in mixed-use projects. Increasing housing density and encouraging
mixed-use development contributes to a pedestrian oriented downtown.
Mix of Unit Sizes: The General Plan and Zoning Ordinance encourage a variety of
housing types and sizes to meet the community’s housing needs. CMC Section 17.14
establishes a minimum unit size of 400 square feet and requires that at least 25% of all
units be between 400 and 650 square feet in size for projects of three or more units.
However, there is not a maximum unit size beyond what is allowed by the applicable
floor area ratio.
The Plan Commission had expressed concern with some recently proposed two-unit
projects that had proposed one very large unit and one very small unit. One concern was
that the small unit could likely be used by the owner of the larger unit as a guesthouse or
an extension of the larger unit rather than as a rental.
A second concern related to development in the RC District. Single family dwellings in
the RC District are required to comply with R-1 floor area requirements (45% max),
whereas multi-family projects (2 units or more) are allowed an 80% floor area ratio. The
concern was that a small unit may be proposed simply as a way of getting a larger single
family dwelling than otherwise would be permitted.
To address these concerns, the subcommittee and the Planning Commission are
recommending the following amendment:
“For two (2) unit residential developments, the floor area of the smaller unit shall
be at least 60% of the size of the larger unit.”
This amendment would avoid the potential of one very large unit and one very small unit
being proposed in a two-unit development. It would also ensure that both units would be
comparable in size.
A two unit building on a 4,000 square foot lot in the RC District is allowed up to 3200
square feet of floor area. Under the current ordinance, an applicant could propose one
unit at 2,800 square feet and another unit at 400 square feet. The proposed amendment
would result in the maximum of one unit of 2,000 square feet and a second unit of 1,200
square feet in size (2,000 x .60 = 1,200). A larger second unit is more likely to be used as
a rental as intended by the code and less likely to be used as just a guesthouse.
CC Districts: The General Plan and the Zoning Ordinance encourage mixed-use
development. CMC Section 17.14.010.C indicates that residential uses are primarily
appropriate on the second floor of structures. The committee and Planning Commission
are recommending the following amendment:
“No new residential units are permitted on the first story of any building in the CC
District if the units would front directly on a public street.”
The Zoning Ordinance currently requires residential use for the second-story of all
commercial buildings, except where a commercial use may already exist. However, there
is nothing currently adopted that would preclude, for example, the conversion of a retail
space to a residential use on the first story of a building on Ocean Avenue. The proposed
amendment would protect and promote the mixed-use nature of the downtown as
envisioned in the General Plan.
RECOMMENDATION
Adopt the attached Ordinance (First Reading).
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2012-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA AMENDING THE ZONING ORDINANCE/LOCAL
COASTAL IMPLEMENTATION PLAN TO MAKE SINGLE FAMILY
RESIDENTIAL DWELLINGS A LIMITED USE AND TO ESTABLISH
ADDITIONAL REQUIREMENTS FOR RESIDENTIAL PROJECTS IN ALL
COMMERCIAL DISTRICTS (FIRST READING)
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides
itself in its community 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; and
WHEREAS, the Planning Commission recommended that the City Council adopt
the proposed amendments to the Zoning Ordinance on October 26, 2011; and
WHEREAS, the proposed amendments are designed to ensure that residential
construction be compatible with the character of the downtown and to encourage mixed
use development; and
WHEREAS, the City’s Zoning Ordinance is also its Local Coastal
Implementation Plan; and
WHEREAS, this ordinance requires certification an amendment to the City’s
Zoning Ordinance/Local Coastal Implementation Plan by the California Coastal
Commission; and
WHEREAS, this ordinance will be carried out in a manner consistent with the
California Coastal Act; and
WHEREAS, this ordinance is exempt from the California Environmental Quality
Act per CEQA Guidelines Section 150305.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF CARMEL-BY-THE-SEA does hereby resolve to:
Adopt the attached amendments to the Zoning Ordinance/Local Coastal
Implementation Plan (Exhibit “A”).
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 Date. This ordinance shall become effective 30 days after final adoption by the
City Council or the California Coastal Commission, whichever occurs last.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this ___ day of ________ 2012 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
_________________________________
Heidi Burch, City Clerk
Exhibit “A” Zoning Amendments
(Changes shown in strikeout and underline)
Schedule II-B CMC Section 17.14
Schedule II-B: Commercial Districts – Use Regulations
P = Permitted Use
L = Limitations Apply
C = Conditional Use
Permit Required
Commercial Districts
Additional Regulations
CC SC RC
Residential/Public and Semipublic
Single-Family P
L-5
P L-5
P L-5
See CMC 17.08.050(G)
Specific Limitations and Conditions:
L-1: Limited to advertising, consumer credit reporting, secretarial court reporting,
equipment maintenance and repair, personnel supply services, and nonretail computer
services and repair.
L-2: Allowed only as accessory use to gasoline stations and limited to a maximum of 300
square feet. No sales of alcohol are permitted. See CMC .14.(D)(2) and (J)(2).
L-3: Any establishments with activities generating noise, odors, deliveries by large
vehicles, high traffic by customers, or requiring large storage needs are not permitted.
L-4: Limited to offices for the following categories: operators of nonresidential buildings,
apartment buildings, dwellings, real estate agents and managers, and title companies.
L-5: Limited to sites that are already developed with a single family dwelling.
Existing single family dwellings can be maintained, altered, repaired and/or
redeveloped. R-1 District floor area ratio standards shall apply to these sites.
CMC Section 17.14.040
N. Multifamily Dwellings.
1. Condominium subdivisions are limited to:
a. Sites of 4,000 square feet or less; and
b. Projects incorporating an equal or greater number of rental
apartment units for sites larger than 4,000 square feet.
2. The minimum size of any residential unit shall be 400 square feet.
3. All multifamily projects of three or more units shall include a mix of
unit sizes, and at least 25 percent of all units shall be 400 to 650
square feet in size.
4. For two (2) unit residential developments, the floor area of the
smaller unit shall be at least 60% of the size of the larger unit.
5. No new residential units are permitted on the first story of any
building in the CC District if the units would front directly on a
public street.
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