Meeting Date: 11 September 2012
Prepared by: Sean Conroy,
Ping & Bldg Services Manager
City Council
Agenda Item Summary
Description: The proposed amendments would 1) change single family dwellings from a permitted use to a limited use in the Central Commercial (CC) District and from a permitted use to a conditional use in the Service Commercial (SC) and Residential and Limited Commercial (RC) districts; 2) establish floor area restrictions for two-unit residential developments; and 3) prohibit new residential units on the first story of any building in the Central Commercial (CC) District if the units would front directly on a public street.
Overall Cost: N/ A
Staff Recommendation: Adopt the first reading of the Ordinance.
Important Considerations: The proposed amendments are designed to protect and maintain the character of the downtown by limiting the development of single-family dwellings, by restricting the size of two-unit residential developments and by encouraged mixed use projects.
Single family dwellings are currently considered a permitted use in all 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.
Decision Record: On 26 October 2011 the Planning Commission recommended amendments to the zoning ordinance. On 6 March 2012 the Council reviewed the recommendations and requested changes to the proposed ordinance. On 12 July 2012 the Commission adopted revised recommendations based on the direction from the City Council.
Reviewed by:
Jason Stilwell, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
COMMITTEE REPORT
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: 11 SEPTEMBER 2012
SUBJECT: CONSIDERATION OF AN ORDINANCE ADOPTING AMENDMENTS TO THE ZONING ORDINANCE/LOCAL COASTAL IMPLEMENTATION PLAN CREATING NEW REGULATIONS FOR SINGLE FAMILY DWELLINGS, TWO UNIT RESIDENTIAL PROJECTS AND MIXED USE PROJECTS IN THE CENTRAL COMMERCIAL, SERVICE COMMERCIAL, AND RESIDENTIAL AND LIMITED COMMERCIAL DISTRICTS. (FIRST READING)
BACKGROUND AND PROJECT DESCRIPTION
In 2010 the City was presented with two residential projects that were proposed in the Residential and Limited Commercial (RC) District. During the review of these projects, the Planning Commission and City Council both expressed some concern regarding the potential incompatibility of new single family residential projects, or projects that looked like large single family dwellings in the commercial districts. In response, the Planning Commission appointed a subcommittee made up of Chair Reimers, Commissioner Beach (now Council Member Beach), and Sean Conroy, Planning and Building Services Manager. The subcommittee met on several occasions to review these issues and recommended several zoning amendments to the Planning Commission.
The Planning Commission originally recommended adoption of the proposed amendments to the City Council on 24 August 2011. The City Council reviewed the proposed amendments on 6 March 2012. While the Council was supportive of the basis for the amendments, the project was sent back to the Planning Commission with a request for changes. The Planning Commission made new recommendations to the Council on 12 July 2012 that included the following:
1) Change single family dwellings from a permitted use to a limited use in the Central Commercial (CC) District and from a permitted use to a conditional use in the Service Commercial (SC) and Residential and Limited Commercial (RC) Districts;
2) Establish floor area restrictions for two-unit residential developments; and
3) Prohibit new residential units on the first story of any building in the Central Commercial (CC) District if the units would front directly on a public street.
The following section describes the reasons for the Planning Commission’s original recommendations, the Council’s response and the current recommendations from the Commission.
SINGLE FAMILY RESIDENTIAL USE
Schedule II-B found in CMC Section 17.14 identifies three types of use categories: Permitted (P), Conditional (C), and Limited (L). A permitted use is permitted by right and cannot be denied based on the use alone. Single family dwellings are listed as a permitted use in all commercial districts. Currently, 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 discretionary conditional use permit by the Planning Commission. Conditional uses must meet specific adopted standards in order to be approved, but also are at the discretion of the Commission. Examples include restaurants, drinking places and multi-family projects at certain densities.
Limited uses are required to meet specific limitations, but do not require the issuance of a conditional use permit. As long as the specific limitations are met, the proposed use could be authorized administratively by staff. Examples include convenience markets and vehicle repair shops.
The Planning Commission originally recommended that the single family dwelling use 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 included:
• 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.
• 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 could 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.
Council Review: The Council agreed with the Commission’s concerns that single family dwellings, particularly in the CC District, could negatively impact community character and the viability of the downtown. However, the Council determined that the making single family dwellings a limited use in all zones went too far. The Council also expressed an interest in allowing properties that had been developed or used as single family
dwellings in the past but have since been converted to other uses be allowed to revert to the single family use in the future.
Commission Response: The Planning Commission is now recommending that Single Family Dwellings be considered a limited use in the CC District. This would limit new single family dwellings to only those sites that are currently developed with a single family dwelling, or where the record indicates that the property had in the past been used as a single-family dwelling.
The Commission is also now recommending that Single Family Dwellings be a conditional use in the SC and RC districts. This would require the adoption of specific findings by the Commission in order to approve a new single family dwelling in these zones (see Exhibit “A”).
UNIT SIZE RATIO
The Commission and the Council have expressed concern with two-unit projects that have proposed one very large unit and one very small unit. The concern, particularly for apartment projects in the RC District, is that the small unit is less likely to be rented and could be proposed simply as a way to take advantage of the floor area benefits a multifamily project provides. (Note: The code requires that single family dwellings in the RC District comply with R-1 floor area standards. This requirement doesn’t existing in the
CC or SC Districts).
Since the project concerns had been primarily related to two-unit projects, the Planning Commission originally recommended the following amendment:
“For two (2) unit developments, the floor area of the smaller unit shall be at least 60% of the size of the larger unit.”
Council Review: The Council was uncomfortable with the proposed unit size ratio, and recommended that the Commission either rethink this requirement or adjust the ratio to 40% or 50%.
Commission Response: The Commission is now recommending the following:
“For two (2) unit developments, the floor area of the smaller unit shall be at least 60 40% of the size of the larger unit.”
This amendment would avoid the potential of one very large and one very small unit being proposed in a two-unit development, and would ensure that both units would be a little more comparable in size. For example, a two unit building on a 4,000 square foot lot in the RC District would be allowed a maximum of 3,200 square feet of floor area. If unit “A” was proposed to be 2,250 square feet, unit “B” would need to be at least 900 square feet (2,250 x .40 = 900).
CC DISTRICT
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 following amendment is proposed:
“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.”
Council Review: The Council did not take a position on this proposed amendment.
Commission Response: 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 in the CC District. The proposed amendment would protect and promote the mixed-use nature of the downtown as envisioned in the General Plan by maintaining a commercial component at the street level and a residential component on the upper level.
RECOMMENDATION
Adopt the first reading of the ordinance.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2012-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA ADOPTING AMENDMENTS TO THE ZONING ORDINANCE/LOCAL COASTAL IMPLEMENTATION PLAN CREATING NEW REGULATIONS FOR SINGLE FAMILY DWELLINGS, TWO UNIT RESIDENTIAL PROJECTS AND MIXED USE PROJECTS IN THE CENTRAL COMMERCIAL, SERVICE COMMERCIAL, AND RESIDENTIAL AND LIMITED COMMERCIAL DISTRICTS (FIRST READING)
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself on 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 12 July 2012; 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 of 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,
________________________
JASON BURNETT, 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
C
P
C
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 17.14.040(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, or that
were originally developed as, or used as, a single family dwelling but has since
been converted to another use. Existing single family dwellings can be maintained,
altered, repaired and/or redeveloped. R-1 District floor area ratio standards shall
apply to these sites.
17.64.230 – Single Family Dwellings in the SC & RC Districts (Required Findings
for approval)
1. 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
2. The project contributes to community character and will be compatible
with the streetscape, mass, bulk and uses of surrounding properties.
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 40% 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 unless the
building was originally developed as, or used as, a single family dwelling but
has since been converted to another use.
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