Meeting Date: 2 October 2012
Prepared by: Sean Conroy,
Plng & Bldg Services Manager
City Council
Agenda Item Summary
Name: Consideration of the second reading 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 (CC), Service Commercial (SC), and Residential and Limited Commercial (RC) districts.
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 second reading ofthe 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 encow·aged 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. On 11
September 2012 the Council adopted the first reading of the Ordinance.
Reviewed by:
Jason Stilwell, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
COMMITTEE REPORT
TO: MAYOR BURNETT AND MEMBERS OF THE CITY COUNCIL
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: 2 OCTOBER 2012
SUBJECT: CONSIDERATION OF THE SECOND READING 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 (CC),
SERVICE COMMERCIAL (SC), AND RESIDENTIAL AND
LIMITED COMMERCIAL (RC) DISTRICTS
BACKGROUND AND PROJECT DESCRIPTION
In 2011, the Planning Commission appointed a subcommittee to review the zoning
regulations as they apply to residential projects in the commercial districts. The
Committee made recommendations on amendments to the zoning ordinance that the
Planning Commission forwarded on to the City Council on 24 August 2011. The City
Council reviewed the proposed amendments on 6 March 2012. The Council agreed with
the basic premise of the amendments, but requested that the Planning Commission
consider some revisions. On 12 July 2012 the Planning Commission recommended to the
Council adoption of an ordinance 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 goals of the ordinance include:
To maintain and encourage the existing mixed use pattern in the commercial
districts of commercial on the ground floor and residential on the second floor.
To avoid large mansions in the commercial districts.
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To avoid small units in 2-unit developments that are more likely to be used as a
guesthouse than a rental unit.
On 11 September 2012 the Council adopted the first reading of the Ordinance as written.
If the second reading of the Ordinance is adopted, it would then be forwarded to the
California Coastal Commission for certification. The ordinance would take effect 30
days after Coastal Commission certification.
RECOMMENDATION
Adopt the Second Reading of the Ordinance.
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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 (SECOND 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.
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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 2nd day of October 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
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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.
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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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