CITY COUNCIL: Ordinance Revision Returning Design Review Board Responsibilities to Planning Commission

Meeting Date: 7 July 2009
Prepared by: Rich Guillen/Sean Conroy

City Council
Agenda Item Summary

Name: Consideration of an Ordinance to revise the Municipal Code and Zoning
Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission (Second Reading).

Description: The Design Review Board currently reviews applications for design review not requiring land use permits or those that are not otherwise reserved for the Planning Commission. This ordinance would return all responsibilities for design and land use to the Planning Commission.

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

Staff Recommendation: Adopt the Ordinance.

Important Considerations: CMC Chapter 17.52.050 establishes the responsibilities of the Design Review Board. The Board’s role has been limited to the review of design applications not involving other land use permits. Returning all design and land use responsibilities to the Planning Commission will create more consistency for applicants going through the planning process. This also will reduce pressures on staff, as it will be one fewer Board to manage.

Decision Record: This item was discussed at the April 7, 2009 meeting for action. The City Council deliberated on the draft ordinance and tabled it at that time. The first reading of this Ordinance was heard at the June 2, 2009 Council meeting.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 7 JULY 2009
SUBJECT: CONSIDERATION OF AN ORDINANCE TO REVISE THE MUNICIPAL CODE AND ZONING
ORDINANCE/LOCAL COASTAL IMPLEMENTATION PLAN RETURNING ALL DESIGN AND LAND USE
RESPONSIBILITIES TO THE PLANNING COMMISSION (SECOND READING)

RECOMMENDATION
Adopt the attached ordinance that revises relevant sections of the Municipal Code.

BACKGROUND
Carmel Municipal Code (CMC) chapter 17.52.060 establishes the duties and powers of the Planning Commission while CMC chapter 17.52.050 establishes the duties and powers of the Design Review Board that was established in December 2000. The Board’s role is limited to the review of design applications not involving other land use permits (i.e. variances, conditional use permits, subdivisions, etc). Prior to 2001, there was only a Planning Commission. The attached ordinance would return all responsibilities to the Planning Commission.

The Design Review Board is referenced throughout the zoning ordinance. The attached ordinance includes strikeouts where the Board is listed and includes some new text, shown in underline, to clarify the duties of the Planning Commission.

This ordinance will require a Local Coastal Program amendment by the California Coastal Commission.

STAFF REVIEW
At the Special February 4, 2009 City Council meeting on the mid-year budget, the City Administrator recommended returning all land use and design responsibilities
to the Planning Commission. Following are some of the reasons for this recommendation:

1. Changing demographics: Carmel does not have the qualified applicant pool that it once enjoyed due to the high number of second home owners and our sizable retired community. There are three positions on both the Planning Commission and the Design Review Board that expire this October -- a total of six. One Commission member has already moved from the area and two others have indicated their desire to “retire”. Some whose terms expire may wish to be reappointed. If not, Carmel-by-the- Sea faces a virtually impossible task of finding qualified candidates who must be Carmel-by-the-Sea residents and voters. Keeping Carmel “Carmel” depends on the application and understanding of both our Design Guidelines and codes. Openings for this year’s Boards and Commissions have been posted since the first of the year.

2. Reduced staff workload: An additional benefit is a reduced workload for the four-member staff (two of whom are planners), as it will have one fewer Board to manage. The Planning staff currently is responsible for the regular and special meetings of the Planning Commission, Design Review Board, Historic Resources Board and the Forest and Beach Commission, which amounts to preparing for a minimum of one meeting per week.

3. Consistency: This ordinance will simplify the design review process by creating a single decision-making body, as existed before 2001. This also will ensure consistency for applicants in how the City interprets and applies its design guidelines and criteria. There had been talk about the need for a joint meeting of the two bodies, as there has been inconsistency on design decisions: e.g. design elements such as mass and bulk, windows and skylights, to name a few.

4. Decrease in revenue from Building Permits and Fees: Annual revenues in the past few years were in excess of $300,000. Since the decrease in construction, revenues and related fees have fallen approximately 40%. Spec projects are not being built and projects are smaller and simpler.

For the above reasons, staff recommends adoption of this ordinance.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
CONSIDERATION OF AN ORDINANCE REVISING THE MUNICIPAL CODE AND ZONING ORDINANCE/LOCAL COASTAL IMPLEMENTATION PLAN TO RETURN DESIGN AND LAND USE RESPONSIBILITIES TOTHE PLANNING COMMISSION (2ND READING)

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, in Dec 2000 the Municipal Code established the duties and responsibilities of the Planning Commission and Design Review Board; and

WHEREAS, at the mid-year budget meeting in February 2009, staff recommended returning all design and land use responsibilities to the Planning Commission; and

WHEREAS, this ordinance will return all design and land use responsibilities to the
Planning Commission; and

WHEREAS, this ordinance will create more consistency for applicants in design review decisions made by the City and will result in a reduced workload for City staff; and

WHEREAS, this ordinance is exempt from the California Environmental Quality Act (15305) as it will not have a significant impact on the environment.

NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby adopt this ordinance with the attached revisions to the Municipal Code and Zoning Code/Local Coastal Implementation Plan.

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 7th day of July, 2009 by the following roll call vote:

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

SIGNED,

_____________
SUE McCLOUD, MAYOR

ATTEST:

__________________________________
Heidi Burch, City Clerk

Attachment “A”
17.52.060 Duties and Powers of the Planning Commission.
The Planning Commission as the designated planning agency of the City shall have the following power and responsibilities:
A. To develop and maintain a General Plan.

B. To develop specific plans, master plans and area plans as may be necessary or desirable.

C. To periodically, at least once each fiscal year, review the capital improvement program of the City.

D. To determine the consistency of capital improvements projects and programs with the General Plan.

E. To prepare an annual report to the City Council on the status of the General Plan and progress in its application.

F. To interpret the meaning and intent of the City’s land use code.

G. To hear and render decisions on appeals of discretionary decisions made by administrative officials.

H. To review environmental impact reports and initial studies.

I. To conduct public hearings, review evidence and determine requests for use permits, variances, lot line adjustments, subdivisions, rezones and land use code amendments.

J. To act on design review and design study applications for those projects involving issuance of a land use permit.

K. To act on projects subject to coastal permit requirements when such projects are within the categories listed above.

L. To review the water management plan annually.

17.52.160 Planning Commission and Design Review Board Procedures.
A. Purpose. It is the purpose of this section to establish uniform minimum procedures to be followed by the Planning Commission and the Design Review Board for all projects subject to their review. This section shall not preclude the Commission or Board from adopting additional procedures as necessary for the completion of their duties.

B. Permit Issuance – Review of Plans. No building permit, license or other required permit for any structure, site development or land use shall be issued prior to Planning Commission or Design Review Board approval if any form of Commission or Board review is required for said improvement by this code. The Director shall ensure that development is executed and completed according to the approved plans.

C. Conduct of Meetings. The Planning Commission shall meet at least once each month and may establish a more frequent schedule as needed. The Design Review Board shall meet at least once each month and may establish a more frequent schedule as needed. The Commission and Board shall keep minutes of all meetings and complete records of all examinations, findings and other official actions, together with a record of all facts pertinent to the cases submitted for their approval.

D. Public Participation. Actions on all applications considered by the Planning Commission or the Design Review Board shall be open to public testimony. Written comments received from the public will be accepted and entered into the written record accompanying each matter considered by the Commission or the Board. The Commission or Board shall consider written and oral testimony insofar as they provide factual information related to the matter before the approval body and the specific criteria established for review of the application by this title.

E. Decision. Decisions of the Planning Commission and the Design Review Board shall be reached by an affirmative vote of a majority of its members present. A quorum for each approval body shall consist of three members. All Commission and Board decisions shall be based on consideration of the facts presented to it by the applicant, City staff, and members of the public and consideration of all goals, objectives, policies, criteria and standards established in City planning documents and ordinances. Unless otherwise authorized under the municipal code, the Commission and Board shall not have the authority to waive or modify the site development requirements of this title or the requirements of any other applicable City ordinances.

F. Reports on Final Actions. All actions approving or denying applications shall be made in writing and shall include all findings necessary to support said action. Approvals shall include all findings required by the sections of the municipal code related to the project being approved. Approvals may be granted in whole or in part, with or without conditions necessary to assure the intent and purpose of all applicable policies, standards and guidelines.

G. Reports and Investigations. Reports and investigations may be required by the Planning Commission or the Design Review Board prior to approval of any project. The Commission and the Design Review Board shall have the authority to request reports or investigations from the City Forester, City Engineer, Public Works Director, Building Official, Director or other department heads or commissions in writing prior to approval of any project.

H. Appeals. All final actions of the Planning Commission or the Design Review Board may be appealed to the City Council in accordance with Chapter 17.54 CMC, Appeals. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.52.170 Time Limits on Approvals and Denials.
All applications approved by City staff, the Planning Commission, the Design Review Board or by the City Council on appeal have a limit on the time that the approval remains valid. Permits or other approvals granted by these approval bodies or by the Historic Resources Board that are not implemented within these time limits become void.

B. General Limits. Unless otherwise stated on the permit, or indicated as a condition of approval by the approving body, the following time limits shall apply commencing upon the date of action by the City staff, Planning Commission, Design Review Board or final City Council action:
1. Commercial design review – 18 months;
2. Commercial business use permit – six months;
3. Other commercial district use permits – 18 months;
4. Variances – 12 months;
5. Signs – three months;
6. Residential design study – 12 months;
7. Residential district use permits – 12 months;
8. Lot line adjustments – six months; and
9. Subdivisions – 24 months.

C. Time Extensions. The Director may grant one extension of a time limit, equal in length to the original time limit for those approvals not subject to a public hearing. Similarly, the Planning Commission, Design Review Board or Historical Preservation Board, as appropriate, may administratively grant one extension for approvals originally subject to a public hearing. If, since the date of the original approval, the conditions surrounding the original approval have changed, or the General Plan, municipal code or Local Coastal Plan Program has been amended in any manner which causes the approval to be inconsistent with these plans or codes, no time extension or renewal shall be granted for any approval.

CMC 17.54.010 Conclusive Decision – Appeal Period.
C. The findings and actions of the Planning Commission, the Design Review Board, and the Forest and Beach Commission shall be final and conclusive from and after the date of final action unless an appeal is filed with the City Council pursuant to CMC 17.54.040(C), Appeals to the City Council or the Coastal Commission pursuant to CMC 17.54.040(D) and 17.54.050.

17.54.040 Filing Appeals
C. Appeals to the City Council. Decisions to approve or deny projects made by the Planning Commission, Forest and Beach Commission, the Design Review Board, or the Historic Resources Board may be appealed to the City Council by filing a notice of appeal in writing in the office of the City Clerk within 10 working days following the date of action by the decisionmaking body and paying the required filing fee as established by City Council resolution.

17.54.080 Appeals.
A. Appeals of Decisions on Permits. Any decision to approve, deny or conditionally approve any permit made by the Director, the City Forester, the Planning Commission, or the Design Review Board or the Historic Resources Board may be appealed by any aggrieved party. Coastal Commissioners may appeal these decisions pursuant to CMC 17.54.020 and 17.54.050. CMC 17.58.020 General Requirements and Responsibilities.

B. Coordination of Review Bodies. For any proposed major alteration affecting an historic resource in the commercial and R-4 districts, the Director shall schedule a review of the project plans by the Historic Resources Board for a determination of consistency with the Secretary of Interior’s standards. If the site assessment shows that trees will be affected by the project, the Director shall forward the plans to the City Forester for processing. Any reviews by the Forest and Beach Commission and/or Historic Resources Board that are required for a project shall occur prior to consideration of the project by the Director, Design Review Board or the Planning Commission. The procedures established in Chapter 17.32 CMC, Historic Preservation, shall be followed if the project would affect a historic resource or if it is
unknown whether the property contains a historic resource.

D. Design Review Responsibilities. The Planning Commission shall conduct design review for all non-administrative projects a use permit, variance, subdivision, lot line adjustment or other land use permit and for all projects subject to environmental review. Design review for all other projects shall be conducted by the Design Review Board or the Director pursuant to the specific requirements of this chapter. The Director may require the Design Review Board or Planning Commission to review for any application that raises new policy issues or presents unusual
circumstances not addressed by adopted policies, guidelines, or review criteria.

E. Design Review Standards. When conducting design review the Department, Design Review Board, or the Planning Commission shall use the design guidelines adopted by the City Council as the basis for review. The decision-making entity responsible for design review shall consider the conformance of the application to the standards set forth in and promulgated under this title, and may either approve, deny or modify an application for design review. However, no modification may be made that is not consistent with any other requirement of this title. Specific zoning standards and criteria are established in each zoning district, overlay district, specific plan area, special district, or community plan area. These shall be coordinated with the guidelines in reviewing projects.

17.58.030 Commercial Design Review.
2. Procedures. Within 30 days of the receipt of a complete application for a commercial administrative permit, the Director shall review the proposed project for compliance with the standards and regulations of the CMC, the Coastal Implementation Plan, General Plan policies, commercial design guidelines, public way improvement design guidelines, and other applicable adopted design criteria. The Director may approve the application if all zoning standards are met and the project is consistent with all design guidelines. The Director shall refer for action by the Planning Commission Design Review Board any application for a project that does not comply with applicable adopted design guidelines and design criteria. Any proposed storefront remodels/alteration to a structure located within the downtown conservation district shall be reviewed by the Historic Preservation Board. The Director shall deny any application for a commercial track one permit that does not comply with the CMC, the Coastal Implementation Plan or the General Plan/Coastal Land Use Plan.

B. Commercial District Track Two Design Review. This is a discretionary process for reviewing substantial design changes in commercial zoning districts and the R-4 district. The Planning Commission shall conduct design review under this section. for any project that requires a use permit, variance, or other land use permit. The Design Review Board shall conduct design review of all other projects subject to design review under this section. 17.58.040

3.b. Projects that comply with zoning regulations but do not comply with the design objectives or residential design guidelines will be referred to the Planning Commission Design Review Board for resolution or shall be redirected into track two.

B. Residential Track Two Design Study. Track two is a discretionary review process for projects that require a public hearing with the Planning Commission. Projects that require a demolition permit, use permit, variance, or other land use permit or environmental review shall be reviewed by the Planning Commission. The Design Review Board shall take action on all other projects that require track two review. All track two projects are subject to the coastal development permit requirements of the certified LCP, and a track two design study approval shall constitute a coastal development permit. All track two projects shall require public notice and a hearing pursuant to CMC 17.52.110, Notice of Public Hearing.
b. Design Review Board or Planning Commission Review. Within 30 days of receiving a
complete application, the Director shall schedule the project for a hearing and review of the design concept plans by the Design Review Board or Planning Commission. Public notice shall be provided in compliance with the requirements of CMC 17.52.110, Notice of Public Hearing:

B.i. The Design Review Board or Planning Commission shall review the proposed site design, basic massing, and other elements of the design concept for compliance with the City’s design concept guidelines and the findings required in CMC 17.64.080, Design Study Approval. At the conclusion of this review the DRB or PC shall either (1) accept the design concept as submitted,
2) provisionally accept the design concept and provide direction to the applicant on plan revisions necessary to achieve compliance with the design guidelines and/or zoning standards, or
(3) continue design concept for preparation of a new design concept if it is substantially out of compliance with the zoning standards or the design guidelines. Applicants unwilling to make the revisions directed by the DRB/PC in a provisionally accepted concept design or continued design concept may request denial of the project so that an appeal may be filed. A denial shall not be complete until findings are adopted.

ii. Projects involving a historic resource shall require a determination of consistency pursuant to CMC 17.32.140. All project approvals shall be consistent with the Secretary of Interior’s Standards for Rehabilitation except as provided in CMC 17.30.010. Following action by the Historic Preservation Board, the project shall be scheduled for design concept and final details review by the Planning Commission or the Design Review Board consistent with this chapter.

17.58.060 Findings Required.
A. Authority. The Director, the Design Review Board, Historic Preservation Board, or the Planning Commission as applicable to the project, shall have the authority to approve, approve with modifications and/or conditions, or deny an application for design review based on written findings stating the reasons for the action. Findings shall be based on information in the record.

B. Findings for Design Review Approval. Before approving an application for design review in any district, the Director, the Design Review Board, Historic Preservation Board, or the Planning Commission shall find that the final design plans:

C. Additional Findings for Design Study Approval. In addition to any other findings required by this code (see CMC 17.64.080, Design Study Approval), the Design Review Board or Planning Commission shall make all of the following findings before granting design review approval in the R-1 district:

D. Findings Required for Approval of Deviations from Design Guidelines. In addition to any other findings required by this code, before approving any project in the single-family residential (R-1) district that deviates from the City’s applicable adopted design guidelines, the Director, Design Review Board, Historic Preservation Board, or the Planning Commission shall adopt specific findings based on information in the record to show how the proposed deviation from the design guidelines achieves all of the applicable design objectives of CMC 17.58.010, Purpose and Applicability, as well as, or better than, would be achieved by adherence to the adopted design guidelines. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.58.070 Enforcement.
No building or grading permit shall be issued until the applicant submits a final site plan and building permit plans showing any changes required as a condition of design review approval. Staff shall review all building permit applications for projects subject to design review for compliance with approved design review plans and any conditions of approval. The Director may refer building permit plans to the Design Review Board or the Planning Commission for a determination of compliance with conditions of approval. After determining that the site plan and building plans comply with all conditions of approval, the Director shall forward copies of the
approved plans to the Building Official. All future development shall comply with the approved building permit plans unless modifications or changes are approved pursuant to the requirements of this code.

CMC Chapter 2.30
DESIGN REVIEW BOARD
Sections:
2.30.010 Establishment of Board.
2.30.020 Membership and Criteria for Appointment.
2.30.030 Appointment Process.
2.30.040 Termination of Members.
2.30.050 Bylaws, Policies, Rules and Procedures.
2.30.060 Duties, Responsibilities and Authority.

2.30.010 Establishment of Board.
There hereby is created and established the Design Review Board for the City of Carmel-by-the-Sea. (Ord. 2000-10 § 1, 2000).

2.30.020 Membership and Criteria for Appointment.
A. The Design Review Board shall consist of five members each of whom shall be appointed to serve a four-year term.

B. In establishing these criteria for appointment, the City Council seeks to insure that the Design Review Board appointees both support and will advocate for the enhancement and preservation of Carmel-by-the-Sea as “primarily, essentially and predominately a residential City...” With this being the City Council’s intention:
1. All members of the Design Review Board shall be residents and electors of the City.
2. All members, if possible, should share varied backgrounds and experience in architecture, historical architecture, design art, landscaping or construction/building industry or any combination thereof. (Ord. 2000-10 § 1, 2000).

2.30.030 Appointment Process.
A. Members of the Design Review Board shall be appointed in accordance with City Council policy adopted by resolution of the Council.

B. Terms of members shall be staggered so that no more than two terms shall expire in any one year. Appointments shall be, where possible, made prior to the beginning of the term of office in order that the new member(s) shall be able to become familiar with the functions of the Board prior to being seated. Terms of office for new members shall begin at the commencement of the first regular meeting in the month of October of the appropriate year. Terms of office for outgoing members shall end simultaneously. The newly appointed members shall be sworn in by the City Clerk. (Ord. 2000-10 § 1, 2000).

2.30.040 Termination of Members.
A member of the Design Review Board shall be terminated only under the following
circumstances:
A. The member ceases to be a resident or an elector of the City.
B. The member is ill or absent from the City and unable to attend three consecutive regular Board meetings, but fails to so notify either the Chairperson, Vice Chairperson, or the Director of the Department of Community Planning and Building.
C. The member, when neither ill nor absent from the City, fails to attend three consecutive regular Board meetings.
D. The member is terminated by a majority vote of the City Council. (Ord. 2000-10 § 1, 2000).

2.30.050 Bylaws, Policies, Rules and Procedures.
The Design Review Board shall adopt or maintain bylaws, policies, rules and procedures governing parliamentary actions. The bylaws shall be filed with the City Clerk. (Ord. 2000-10 § 1, 2000).

2.30.060 Duties, Responsibilities and Authority.
The Design Review Board shall have the duties defined in CMC Title 17 and is formed generally to review residential, commercial and public works projects involving construction of new dwellings, substantial alterations and projects that do not qualify for administrative review and do not involve land use or variances. (Ord. 2000-10 § 1, 2000).

CMC 17.10.030.A
1. Detached Garages and Carports. To encourage variety and diversity in neighborhood design, detached garages and carports may be authorized by the Planning Commission or the Design Review Board within rear yard setbacks or front or side yard setbacks facing a street, subject to the following standards:
a. Front or Side Yard Setback Facing a Street. The Design Review Board or Planning
Commission may authorize a single-car, detached garage or carport not exceeding 12 feet in width, 250 square feet in floor area and 15 feet in height in either the front yard setback or a side yard setback facing a street (but not both) if:
i. At least 50 percent of the adjacent right-of-way is landscaped or preserved in a natural and forested condition to compensate for the loss of open space;
ii. The proposed setback encroachment would not impact significant or moderately significant trees;
iii. Free and safe movement of pedestrians and vehicles in adjacent rights-of-way is protected;
iv. All development on site will be in scale with adjacent properties and the neighborhood context consistent with adopted design guidelines; and
v. Placement of the garage or carport in the setback will add diversity to the neighborhood streetscape.
b. Interior Side Yard Setback and/or Rear Setback. Detached garages may encroach into an interior side yard setback, rear yard setbacks, or both, if limited to 15 feet in height, the setback encroachment would not impact significant or moderately significant trees, and the garage location/design complies with design guidelines.

Table 17.10-G: Maximum Track One Fence and Wall Heights
Setback Location
Design Element Front
Setback
Side
Setback
Side Setback Facing
Street
Rear
Setback
Fence 4 feet* 6 feet 4 feet* 6 feet
Garden Wall 3 feet* 6 feet 3 feet* 6 feet
Retaining Wall 3 feet** 6 feet 3 feet** 6 feet
Pillars and Gates 6 feet N/A 6 feet N/A
Arbor/Trellis 7 feet 7 feet 7 feet 7 feet
* These limits shall not be altered through Design Review by the Design Review Board or Planning Commission.

CMC 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).

CMC 17.40.010
C. Prohibit all signs not expressly permitted by this chapter unless authorized by specific action of the Planning Commission Design Review Board. Prohibited signs and displays include those which are visible from exterior areas accessible to pedestrians and which are flashing, selfilluminated,neon, phosphorescent, glossy, incorporate internal lights or movement or that include strings of small lights around doors or windows. Also prohibited are exterior signs, displays or other installations that include balloons, streamers, or other notice-attracting appendages. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.40.020
B. Planning Commission Approval. Signs which, in the opinion of the Director, require
exception from the standards described in this chapter shall be reviewed by the Planning Commission Design Review Board. The Planning Commission Design Review Board also shall review all business signs painted, etched or otherwise applied to glass, all signs made of plastics, fabric or imitation wood and all signs of architectural, cultural, and historical significance. The Commission Board may grant exceptions only to the number, location and design of business signs. The following criteria must be satisfied to grant the exception:

C. No Permit Required. The following signs on private property do not require a permit if they meet the purpose, objectives, and standards in this chapter as determined by the Director: interior signs, alarm system identification signs, house/occupant name, no soliciting/no handbills, garage/rummage/estate sale, home business, public information signs (exit, restroom, elevator, etc.) and a variety of temporary signs as identified in this chapter. Signs which, in the opinion of the Director, are out of the ordinary or which do not meet the purpose, objectives and standards of this chapter shall be removed or referred to the Planning Commission Design Review Board for review.

CMC 17.48.080.A
4. Tree Quality. Replacement trees shall be of substantial size, caliper, and height to produce an immediate visual impact and reduce the incidence of unauthorized removal. Replacement trees shall be a minimum 24-inch box size except for Monterey Pines which shall be a minimum 15-gallon size. Larger sizes may be required by the Forest and Beach Commission, or the Planning Commission or the Design Review Board based in specific design considerations applicable to the project. The City Forester may authorize the use of smaller sizes when trees meeting these standards, or meeting specific conditions of approval, are unavailable.

CMC 17.52.050 Duties and Powers of the Design Review Board.
The Design Review Board shall have the following duties and responsibilities:
A. To conduct public hearings, review evidence and act on permit applications not reserved to the Planning Commission, Historic Resources Board or to the Director.

B. To act on commercial district design review applications not involving any land use permit pursuant to CMC 17.58.030, Commercial Design Review.

C. To act on residential design studies for projects not involving any land use permit pursuant to CMC 17.58.040, Residential Design Review.

D. To act on projects subject to coastal permit requirements pursuant to Chapter 17.58 CMC, Design Review, when such projects are within the categories listed above. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

CITY COUNCIL: Ordinance Establishing Green Building Standards for New Construction

Meeting Date: 7 July 2009
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of an Ordinance amending Carmel Municipal Code Chapter 15, establishing Green Building Standards for new construction in the City (First Reading).

Description: The Green Building Ordinance would establish criteria that must be achieved in order for new construction projects to receive a building permit. The goal of the ordinance is to sustainably guide development, promote energy efficiency, improve air quality, preserve natural resources and encourage architectural design consistent with the City's design traditions.

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

Staff Recommendation: Adopt the Ordinance.

Important Considerations: A Green Building Committee, appointed in December 2008, developed recommendations on a green building program for the City. The Committee was comprised of local architects, builders, a Councilmember, and a member of staff.

Decision Record: The Planning Commission recommended adoption of a green building ordinance on 20 May 2009. City Council reviewed a draft ordinance on 2 June 2009 and recommended proceeding with developing a final ordinance.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 7 JULY 2009
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING CARMEL MUNICIPAL CODE CHAPTER 15,
ESTABLISHING GREEN BUILDING STANDARDS FOR NEW CONSTRUCTION IN THE CITY (FIRST READING)

INTRODUCTION & BACKGROUND
The Planning Commission held a workshop on developing green building standards for the City on 10 September 2008. The well-attended workshop demonstrated overwhelming public support for creating a green building program.

At the Planning Commission’s request, the Mayor established a six-member Green Building Committee in December 2008 that included the following:
Karen Sharp: Carmel City Council Member
John Thodos: Local Architect
Safwat Malek: Local Architect
Brendan Connolly: Local Builder
Jordan Daniels: Local Green Building Consultant
Sean Conroy: Plng. & Bldg. Services Manager

The Committee submitted its recommendations to the Planning Commission on 8 April 2009. The Commission supported the Committee’s recommendations and directed staff to prepare a draft ordinance, which was reviewed and approved by City Council on 2 June 2009.

PROGRAM RECOMMENDATIONS
The following is a summary of the recommendations from the Green Building Committee, which were accepted by the Planning Commission.

Recommendation #1: Adopt the following as the mission statement for the green building program:
"The mission of the City of Carmel-by-the-Sea's green building program is to guide development in a sustainable manner, promote energy efficiency, improve air
quality, preserve natural resources and encourage architectural design that is
consistent with the City's diverse design traditions."

Recommendation #2: Use the Build it Green checklist for residential projects and the LEED Commercial checklist for non-residential projects as the basis of the program. Build it Green is a non-profit organization whose mission is promoting more efficient design in California. The organization has developed a comprehensive residential checklist (see attached) to address all aspects of construction. The checklist is divided into sections that award points for incorporating green principles into a project. The sections include site design, foundation, landscaping, exterior finishes, flooring, insulation, building performance, and others. For new construction, a total of 310 points is available.

The U.S. Green Building Council (USGBC) is a nationwide non-profit organization established to promote green building principals throughout the country. The USGBC has established the LEED ratings systems that, like Build it Green, is divided into several sections that award points for incorporating green principles into a project (see attached).

LEED has a total of 100 points available.

The Green Building Committee analyzed both checklists in order to make recommendations on how many points should be required for various types of project applications. These recommendations are summarized below.

Recommendation #3: Require the following number of points for residential and nonresidential projects in order to obtain a building permit:

Residential:
New Construction (i.e. demo/rebuild) 60 points
New Addition/Remodel > 750 sq. ft. 25 points
New Addition/Remodel < 750 sq. ft. 15 points
Bathroom/Kitchen Remodel only 4 points

Non-Residential:
New Construction (i.e. demo/rebuild) 24 pts.
Additions/Remodels > 1000 sq. ft. 18 pts.
Additions/Remodels < 1000 sq. ft. 16 pts.

The point requirements have been designed to be reasonably achievable by any applicant.

The point requirements also should be regularly reviewed to reflect changes in the industry, as green building practices become more commonplace.

Staff recommends that the point requirements be adopted by Council resolution rather than being codified in the ordinance. This will allow the City to amend the point requirements in the future without amending the ordinance.

A Resolution adopting the point requirements will be presented with the Second Reading of the ordinance.

Recommendation #3: Adopt the following incentive levels and discuss potential incentives:
Residential: 120 pts.
Non-Residential: 40 pts.
Incentives: If a project obtains an incentive level, it would qualify for certain incentives.

Many communities provide incentives such as increased floor area, increased height, setback waivers, permit fee reductions, permit streamlining, etc. The City of Carmel-by-the-Sea has spent many years developing the setback, height, floor area and volume requirements. These requirements have been certified by the California Coastal
Commission as part of the City’s Local Coastal Program (LCP). Neither the Committee
nor the Commission recommended that the City adopt incentives that could be in conflict with the LCP.

Appropriate incentives could include a public recognition program involving a plaque at City Hall and/or a plaque to be installed at the property and reduced building permit fees.

These would not require any amendments to the LCP. Staff also recommends that the incentives be adopted by a Council resolution separate from the ordinance. Since the issue of incentives has not fully been decided, staff recommends referring the issue of incentives back to the Planning Commission for review. Once the Council has a recommendation from the Commission, a hearing can be scheduled for adoption of a Resolution to establish the incentive levels and appropriate incentives.

Recommendation #4: Allow for the requirements of the ordinance to be phased in and not become mandatory until 1January 2010.

The Committee and Commission recommend that the ordinance not become mandatory until 1 January 2010. Prior to 1 January 2010, each applicant would be required to fill out the appropriate green building checklist and submit it with the building permit application. Applicants, however, would not be required to achieve the established point levels in order to obtain a building permit. This would allow the public to better understand the program before it becomes mandatory, and would allow staff time to evaluate if changes should be made.

Recommendation #5: Require that the City exceed the standard point requirements by 15% for all City projects that exceed 1,000 square feet.

This recommendation encourages the City take a leadership position by exceeding the minimum requirements of the code. For example, if the standard point requirement for a non-residential project was 24, the City would achieve at least 28 points.

RECOMMENDATION
Adopt the Ordinance (First Reading).

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
CONSIDERATION OF AN ORDINANCE AMENDING CARMEL MUNICIPAL CODE CHAPTER 15, ESTABLISHING GREEN BUILDING STANDARDS FOR NEW CONSTRUCTION IN THE CITY (FIRST READING)

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself on its character and environmental setting; 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 City has developed a Green Building Program to guide development in a sustainable manner, promote energy efficiency, improve air quality, preserve natural resources and encourage architectural design that is consistent with the City's diverse design traditions; and

WHEREAS, the Planning Commission recommended adoption of this ordinance to the City Council on 20 May 2009; and

WHEREAS, the ordinance is categorically exempt from the requirements of the California Environmental Quality Act as it will have not significant impact on the environment.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby resolve to:

Amend Carmel Municipal Code Chapter 15, adopting Green Building Standards for new construction (see attachment).

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.

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,

________________________
SUE McCLOUD, MAYOR

ATTEST:

_________________________________
Heidi Burch, City Clerk

CMC 15.54 DRAFT GREEN BUILDING ORDINANCE
15.54.010 - Purpose
The purpose of the City of Carmel-by-the-Sea's green building ordinance is to guide
development in a sustainable manner, promote energy efficiency, improve air quality, preserve natural resources and encourage architectural design that is consistent with the City's diverse design traditions.

15.54.020 - Applicability
The requirements of this ordinance shall apply to all applications for building permits that are not specifically exempt in section 15.54.060.

15.54.030 - Requirements
All building permit applications that are not exempt shall achieve a specific number of points based on the Residential and Non-Residential green building checklists. The checklists and point requirements shall be established by City Council resolution. Applicants shall note the proposed points on the appropriate checklist and shall reference each point in the building permit plans. The checklists and point requirements shall be reviewed on an annual basis by the Planning Commission.

15.54.040 - City-Owned Properties
To demonstrate a leadership position, all City building projects greater than 1,000 square feet shall exceed the standard point requirements by 15%.

15.54.050 - Ordinance Phasing
Phase 1: Prior to 1 January 2010, this ordinance shall not be mandatory. Unless exempt, all applicants shall submit the appropriate checklist properly filled out, but are not required to achieve a specific point total in order to obtain building permit approval.

Phase 2: Beginning on 1 January 2010, all building permit applications that are not exempt, or that are not associated with planning permit applications that have been approved or determined to be “complete” by the Planning Department prior to 1 January 2010, shall comply with the requirements of this ordinance.

15.54.060 - Exemptions
The following building permit applications are exempt from this ordinance:
1. Re-roofing permits.
2. Plumbing, electrical and mechanical permits when not associated with remodels or additions.
3. Seismic retrofits.
4. Building foundation repairs and/or maintenance.
5. Repairs and/or reconstruction due to damage caused by fire, explosion, acts of God, or acts of the public enemy.
6. Window replacements.
7. Non-habitable accessory structures of 200 square feet or less.
8. Retaining walls and/or other site improvements not associated with building construction and/or remodeling.
9. Volunteer handicap accessibility upgrades including elevator installation.
10. Additions and alterations to historic structures.

15.54.070 - Exceptions
If, due to unusual circumstances, an applicant determines that compliance with this ordinance creates an unreasonable hardship, the applicant may apply for an exception with the Planning Commission. The burden of proof shall be on the applicant to demonstrate that the requirements of this ordinance create an unreasonable hardship.

15.54.080 - Incentives
Incentives for exceeding the minimum standards of this ordinance shall be established by City Council resolution.

CARMEL-BY-THE-SEA
GREEN BUILDING CHECKLIST FOR RESIDENTIAL PROJECTS
A. Site Points allowed
Points proposed
1. Protect Topsoil and Minimize Disruption of Existing Plants & Trees
a. Protect Topsoil from Erosion and Reuse after Construction 2
b. Limit and Delineate Construction Footprint for Maximum Protection 1

2. Deconstruct Instead of Demolishing Existing Buildings on Site 3

3. Recycle Construction Waste (Including Green Waste)
a. 100% non-hazardous construction taken to bonafide facility Required
b. Re-Use up to 50% of construction debris 2
c. Re-Use over 50% of construction debris 2

4. Use Recycled-Content Aggregate (Minimum 25%)
a. Walkway and Driveway 1
b. Roadway Base 1

Site Total 12

B. Foundation Points allowed
Points proposed
1. Replace Portland Cement in Concrete with Recycled Flyash or Slag
a. Minimum 20% Flyash or Slag 1
b. Minimum 25% Flyash or Slag 1

2. Use Frost-Protected Shallow Foundation in Cold Areas (C.E.C. Climate Zone 16) 3

3. Radon Resistant Construction (In At-Risk Locations Only) 1

4. Design and Build Structural Pest Controls
a. Install Termite Shields & Separate All Exterior Wood-to-Concrete Connections by Metal or Plastic Fasteners/Dividers 1
b. All New Plants Have Trunk, Base, or Stem Located at Least 36 Inches from Foundation 1
Foundation Total 8

C.Landscaping Points allowed
Points proposed
1. Construct Resource-Landscapes
a. No Invasive Species Listed by Cal-IPC are Planted 1
b. No Species Will Require Shearing 1
c. 75% of Plants are Drought-tolerant California Natives,
Mediterranean or Other Appropriate Species 3

2. Use Fire-Safe Landscaping Techniques 1

3. Minimize Turf Areas in Landscape Installed by Builder
a. All Turf Will Have a Water Requirement Less than or Equal to Tall Fescue (0.8 plant factor)2
b. Turf Shall Not Be Installed on Slopes Exceeding 10% or in Areas Less than 8 Feet Wide 2
c. Turf is <= 33% of Landscaped Area (total 2 points) 2
d. Turf is <= 10% of Landscaped Area (total 4 points) 2

4. Plant Shade Trees 3

5. Group Plants by Water Needs (Hydrozoning) 2

6. Install High-Efficiency Irrigation Systems
a. System Uses Only Drip, Bubblers, or Low-flow Sprinklers 2
b. System Has Smart Controllers 3

7. Incorporate Two Inches of Compost into the Top 6 to 12 Inches of Soil 3

8. Mulch All Planting Beds to the Greater of 2 Inches or Local Water Ordinance Requirement2

9. Use 50% Salvaged or Recycled-Content Materials for 50% of Non-Plant Landscape Elements 1

10. Reduce Light Pollution from Site Lighting by Shielding Fixtures and/or Directing Light Downward 1
Landscaping Total 31

D. Structural Frame & Building Envelope Points allowed
Points proposed
1. Apply Optimal Value Engineering
a. Place Rafters & Studs at 24-Inch on Center Framing 1
b. Size Door and Window Headers for Load 1
c. Use Only Jack and Cripple Studs Required for Load 1

2. Use Engineered Lumber
a. Beams and Headers 1
b. Insulated Engineered Headers 1
c. Wood I-Joists or Web Trusses for Floors 1
d. Wood I-Joists for Roof Rafters 1
e. Engineered or Finger-Jointed Studs for Vertical Applications 1
f. Oriented Strand Board for Subfloor 1
g. Oriented Strand Board for Wall and Roof Sheathing 1

3. Use FSC-Certified Wood
a. Dimensional Lumber, Studs, and Timber: Min. 40% (total 2 points)
2
b. Dimensional Lumber, Studs, and Timber: Min. 70% (total 4
points)
2
c. Panel Products: Min. 40% (total 1 point) 1
d. Panel Products: Min. 70% (total 2 points) 1

4. Use Solid Wall Systems (Includes SIPs, ICFs, & Any Non-Stick Frame
Assembly)
a. Floors 4
b. Walls 4
c. Roofs 4

5. Reduce Pollution Entering the Home from the Garage
a. Tightly Seal the Air Barrier between Garage and Living Area 1
b. Install Garage Exhaust Fan OR Build a Detached Garage 1

6. Design Energy Hells on Roof Trusses (75% of Attic Insulation
Height at Outside Edge of Exterior Wall) 1

7. Design Roof Trusses to Accommodate Ductwork 1

8. Use Recycled-Content Steel Studs for 90% of Interior Wall Framing 1

9. Thermal Mass Walls: 5/8-Inch Drywall on All Interior Wall or Walls Weigh more than 40 lb/cu.ft. 1

10. Install Overhangs and Gutters
a. Minimum 16-Inch Overhangs and Gutters 2
Structural Frame & Building Envelop Total 36

E. Exterior
Finish Points allowed
Points proposed
1. Use Recycled-Content (No Virgin Plastic) or FSC-Certified Decking 2

2. Install a Rain Screen Wall System 2

3. Use Durable and Noncombustible Siding Materials 1

4. Use Durable and Noncombustible Roofing Materials 2
Exterior Finish Total 7

F. Insulation Points allowed
Points proposed
1. Install Insulation with 75% Recycled Content
a. Walls and/or Floors 1
b. Ceilings 1

2. Install Insulation That is Low-Emitting (Certified CA Section 98 01350)
a. Walls and/or Floors 1
b. Ceilings 1

3. Inspect Quality of Insulation Installation before Applying Drywall 1
Insulation Total 5

G. Plumbing Points allowed
Points proposed
1. Distribute Domestic Hot Water Efficiently
a. Insulate Hot Water Pipes from Water Heater to Kitchen 2
b. Insulate All Hot Water Pipes 2
c. Use Engineered Parallel Piping 1
d. Use Engineered Parallel Piping with Demand Controlled Circulation Loop 1
e. Use Structured Plumbing with Demand Controlled Circulation 3
f. Use Central Core Plumbing 4

2. Install Only High Efficiency Toilets (Dual Flush or 1.3 gpf) 4
Plumbing Total 17

H. Heating, Ventilation & Air Conditioning Points allowed
Points proposed
1. Design and Install HVAC System to ACCA Manual J, D, and S
Recommendations 4

2. Install Sealed Combustion Units
a. Furnace
s
2
b. Water Heaters 2

3. Install Zoned, Hydronic Radiant Heating with Slab Insulation 2

4. Install High Efficiency Air Conditioning with Environmentally
Responsible Refrigerants 1

5. Design and Install Effective Ductwork
a. Install HVAC Unit and Ductwork within Conditioned Space 3
b. Use Duct Mastic on All Duct Joints and Seams 1
c. Install Ductwork under Attic Insulation (Buried Ducts) 1
d. Pressure Balance the Ductwork System 1
e. Protect Ducts during Construction and Clean All Ducts before Occupancy 1

6. Install High Efficiency HVAC Filter (MERV 64) 1

7. Don't Install Fireplaces or Install Sealed Gas Fireplace with
Efficiency Ratting not Less than 60% using CSA Standards 1
99
8. Install Effective Exhaust Systems in Bathrooms and Kitchens
a. Install ENERGY STAR Bathroom Fans Vented to the Outside 1
b. All Bathroom Fans are on Timer or Humidistat 1
c. Install Kitchen Range Hood Vented to the Outside 1

9. Install Mechanical Ventilation System for Cooling
a. Install ENERGY STAR Ceiling Fans & Light Kits in Living Areas & Bedroom 1
b. Install Whole House Fan with Variable Speeds 1
c. Automatically Controlled Integrated System 2
d. Automatically Controlled Integrated System with Variable Speed Control 3

10. Install Mechanical Fresh Air Ventilation System
a. Any Whole House Ventilation System that Meets ASHRAE 62.2 3
b. Install Air-to-Air Heat Exchanger 3

11. Install Carbon Monoxide Alarms 1
Heating, Ventilation & Air Conditioning Total 37
I. Renewable Energy Points allowed
Points proposed
1. Pre-Plumb for Solar Water Heating 4

2. Install Solar Water Heating System 10

3. Install Wiring Conduit for Future Photovoltaic Installation & Provide sq.ft. of South-Facing Roof 2

4. Install Photovoltaic (PV) Panels
a. 30% of electric needs OR 1.2kw (total 6 points) 6
b. 60% of electric needs or 2.4kw (total 12 points) 6
c. 90% of electric needs or 3.6kw (total 18 points) 6
Renewable Energy Total 34

J. Building Performance Points allowed
Points proposed
1. Diagnostic Evaluations
a. House Passes Blower Door Test 1
b. House Passes Combustion Safety backdraft Test 1

2. Design and Build High Performance Homes - 15% above Title 24 30

3. House Obtains ENERGY STAR with Indoor Air Package Certification 7
Building Performance Total 39
100

K. Finishes Points allowed
Points proposed
1. Design Entryways to Reduce Tracked-In Contaminants 1

2. Use Low-VOC or Zero-VOC Paint
a. Low-VOC Interior Wall/Ceiling Paints (<50 gpl VOCs (Flat) and <150 gpl VOCs (Non-Flat)) 1
b. Zero-VOC: Interior Wall/Ceiling Paints (<5 gpl VOCs (Flat)) 3
c. Use Low-VOC: Water-Based Wood Finishes (<250 gpl VOCs) 2
d. Use Low-VOC: Caulk and Construction Adhesives (<70 gpl
VOCs) for All Adhesives 2

5. Use Recycled-Content Paint 1

6. Use Environmentally Preferable Materials for Interior Finish: A) FSC-Certified Wood, B) Reclaimed, C) Rapidly Renewable, D) Recycled-Content, or E) Finger-Jointed
a. Cabinets (50% Minimum) 1
b. Interior Trim (50% Minimum) 1
c. Shelving (50% Minimum) 1
d. Doors (50% Minimum) 1
e. Countertops (50% Minimum) 1

7. Reduce Formaldehyde in Interior Finishes (CA Section 01350)
a. Subfloor & Stair Treads (50% Minimum) 1
b. Cabinets and Countertops (50% Minimum) 1
c. Interior Trim (50% Minimum) 1
d. Shelving (50% Minimum) 1

8. After Installation of Finishes, Test of Indoor Air Shows Formaldehyde Level <27ppb 3

Finishes Total 22

L. Flooring Points allowed
Points proposed
1. Use Environmentally Preferable Flooring: A)FSC-Certified Wood, B) Reclaimed, C)
Rapidly Renewable, D) Recycled-Content, E)Exposed Concrete, Flooring Adhesives Must
Have <50 gpl VOCs
a. Minimum 15% of Floor Area 1
b. Minimum 30% of Floor Area 1
c. Minimum 50% of Floor Area 1
d. Minimum 75% of Floor Area 1

2. Thermal Mass Floors: Floor Covering Other than Carpet on 50% or More of Concrete Floors 1
101
3. Flooring Meets Section 01350 or CRI Green Label Plus Requirements (50% Minimum) 2
Flooring Total 7

M. Appliances Points allowed
Points proposed
1. Install Water- and Energy-Efficient Dishwasher
a. ENERGY STAR 1
b. Dishwasher Uses No More than 5.5. Gallons/Cycle (total 2 points) 1
2. Install Water- and Energy-Efficient Clothes Washing Machine
a. Meets CEE Tier 2 Requirements (modified energy factor 2.0, Water Factor 6.0) (total 3 points) 3
b. Meets CEE Tier 23 Requirements (modified energy factor 2.2, Water Factor 4.5 or less) (total 5 points) 2

3. Install ENERGY STAR Refrigerator
a. ENERGY STAR Qualified & < 25 Cubic Feet Capacity 1
b. ENERGY STAR Qualified & < 20 Cubic Feet Capacity 1

4. Install Built-In Recycling & Composting Center
a. Built-In Recycling Center 2
b. Built-In Composting Center 1
Appliances Total 12

N. Other Points allowed
Points proposed
1. Incorporate GreenPoint Rated Checklist in Blueprints Required

2. Develop Homeowner Manual of Green Features/Benefits 3

3. Innovative Measures That Meet the Green Building Objectives of the Guidelines. Maximum of 20 points 20

4. Community Design Measures and Local Priorities: Maximum of 20 pts. 20
Other Total 43

Total Available/Proposed Residential Points 310

CARMEL-BY-THE-SEA
GREEN BUILDING CHECKLIST FOR NON-RESIDENTIAL PROJECTS
A. Sustainable Sites Points allowed
Points proposed
1. Site Selection 1

2. Development Density & Community Connectivity 5

3. Brownfield Redevelopment 1

4.1 Alternative Transportation – Public Transportation Access 6
4.2 Alternative Transportation – Bike storage & changing rooms 1
4.3 Alternative Transportation – Low-emitting/fuel efficient vehicles 3
4.4 Alternative Transportation – Parking Capacity 2

5.1 Site Development – Protect or Restore Habitat 1
5.2 Site Development - Maximize Open Space 1

6.1 Stormwater Design – Quantity Control 1
6.2 Stormwater Design – Quality Control 1

7.1 Heat Island Effect - Nonroof 1
7.2 Heat Island Effect - Roof 1

8. Light Pollution Reduction 1

26 Points Available

B. Water Efficiency Points allowed
Points proposed
1. Water Efficient Landscaping 2-4

2. Water Efficient Landscaping 2

3. Water Use Reduction 2-4

10 Points Available

C. Energy & Atmosphere Points allowed
Points proposed
1. Optimize Energy Performance 1-19

2. On-site Renewable Energy 1-7

3. Enhanced Commissioning 2

4. Enhanced Refrigerant Management 2

5. Measurement & Verification 2

6. Green Power 3

35 Possible Points

D. Materials & Resources Points allowed
Points proposed
1.1 Building Reuse – Maintain Existing Walls, Floors & Roof 1-3
1.2 Building Reuse – Maintain Existing Interior Nonstructural Elements 1

2. Construction Waste Management 1-2

3. Materials Reuse 1-2

4. Recycled Content 1-2

5. Regional Materials 1-2

6. Rapidly Renewable Materials 1

7. Certified Wood 1

14 Possible Points

E. Indoor Environmental Quality Points allowed
Points proposed
1. Outdoor Air Delivery Monitoring 1

2. Increased Ventilation 1

3.1 Construction Indoor Air Quality Management Plan – During Construction 1
3.2 Construction Indoor Air Quality Management Plan – Before
Occupancy 1

4.1 Low-Emitting Materials – Adhesives and Sealants 1
4.2 Low-Emitting Materials – Paints and Coatings 1
4.3 Low-Emitting Materials – Flooring Systems 1
4.4 Low-Emitting Materials – Composite Wood & Agrifiber Products 1

5. Indoor Chemical and pollutant Source Control 1

6.1 Controllability of Systems - Lighting 1
6.2 Controllability of Systems – Thermal Comfort 1

7.1 Thermal Comfort - Design 1
7.2 Thermal Comfort - Verification 1

8.1 Daylight & Views - Daylight 1
8.2 Daylight & Views - Views 1

15 Possible Points

F. Innovation in Design Points allowed
Points proposed
1. Innovation in Design 1-5

2. LEED Accredited Professional 1

6 Possible Points

G. Regional Priority Points allowed
Points proposed
1. Regional Priority 1-4
4 Possible Points
Total Available/Proposed Points 100

CITY COUNCIL: Resolution Amending Carmel/Carmel Valley/Ambulance Authority Joint Powers Agreement with Carmel Valley Fire District

Meeting Date: July 7, 2009
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Consideration of a Resolution amending the Carmel/Carmel Valley/Ambulance
Authority Joint Powers Agreement with Carmel Valley Fire District.

Description: The Carmel Valley Fire District is managed by the Salinas Rural Fire Protection District. Salinas Rural staff recently completed a financial analysis of the Carmel Regional Fire Ambulance (CRFA) operations, which showed some duplication of effort that caused CRFA costs to be higher than expected and placed both the Carmel Fire District and the City in the position of subsidizing each other from time to time, creating an imbalance on how revenues and expenses are shared.

The CRFA Board of Directors reviewed the attached amended JPA and the Fire Services Agreement and recommended to their respective legislative bodies that the agreements be approved. The only action needed by the City is to approve the JPA.

Overall Cost: If managed appropriately, it is likely that the current City subsidy of $400,000 will be less in future years without reduction in ambulance response time or decline in ambulance service levels.

Staff Recommendation: Staff recommends approval of the Resolution amending the JPA with Carmel Valley Fire District.

Reviewed by:

Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: JULY 7, 2009
SUBJECT: CONSIDERATION OF A RESOLUTION AMENDING THE CARMEL/CARMEL VALLEY/AMBULANCE AUTHORITY JOINT POWERS AGREEMENT WITH CARMEL VALLEY FIRE DISTRICT

RECOMMENDATION
Adopt the resolution amending the Carmel/Carmel Valley/Ambulance Authority Joint
Powers Agreement (JPA) between the City and the Carmel Valley Fire District.

BACKGROUND
The Carmel Valley Fire District is managed by the Salinas Rural Fire Protection District.

The Salinas Rural Fire Chief Mike Urquides has administrative oversight of the Carmel Valley Fire District. Over the past several months, since taking over this duty, Chief Urquides and Salinas Rural staff completed a financial analysis of the Carmel Regional Fire Ambulance (CRFA) operations. The financial analysis shows some duplication of effort that can be eliminated. This duplication of effort has caused CRFA costs to be higher than expected and placed both the Carmel Fire District and the City in the position of subsidizing each other from time to time, creating an imbalance on how revenues and expenses are shared.

The CRFA Board held two recent meetings to review and provide policy direction on maintaining the CRFA authority and adopting a budget for Fiscal Year 2009/2010. At the second meeting, the CRFA Board of Directors reviewed the attached amended JPA and the Fire Services Agreement and took action to recommend to their respective legislative bodies that the agreements be approved. The only action needed by the City is to approve the JPA.

STAFF REVIEW
JPA amendment (to be approved by the City and Carmel Valley Fire District) CRFA attorney, William Ross, prepared the proposed amendments under the direction of Chief Urquides. The amendments are written to update and represent the way that CRFA will operate in real time from this point forward:

• Article 1 eliminates Big Sur from the authority since it is no longer a member agency;

• Article 8(a) requires that Authority Ambulance Units are located within the geographic boundaries of the City and Carmel Valley Services Region;

• Article 11 defines the timeline for the annual budget adoption for the upcoming
fiscal year;

• Article 16(c) shifts the responsibility of fee collections to the City;

• Article 18 defines the term of the JPA agreement which becomes effective upon approval by both the City and the Carmel Valley Fire District and continue until June 30, 2009; and

• Article 21 allows for additional agencies to join the JPA.

One of the main purposes for the above amendments is to allow both City staff and the Salinas Rural Fire staff to develop a succession plan to stabilize the finances and operations of CRFA. The most significant result is that each agency member will pay its fair share for the ambulance services rendered within its agency boundaries. More significantly, no member agency will be required to subsidize the other. Fire Services Agreement (to be approved by CRFA and Carmel Valley Fire District)

The purpose of the Fire Services Agreement is to define the operations relationship between the Carmel Valley Fire District and the CRFA. The salient business points of this agreement are as follows:
• The term of the agreement will commence on July 1, 2009 and end on June 30, 2010;

• Payments for services rendered by Carmel Valley Fire District will be paid on a monthly basis; and

• Costs for services rendered by either agency will be based on actual costs for utilization of personnel or fair market value equipment rental.

This agreement will essentially keep ambulance expenses “cost neutral” to the Carmel Valley Fire District. In addition, it will have each agency pay its fair share for services rendered under this agreement.

FISCAL IMPACT
Salinas Rural Fire staff performed an extensive financial analysis of the CRFA operating budget. Imbalances were discovered in the revenue distribution on two fronts. The first is that collection of transportation costs was based on geographic area. This means that if the Carmel Valley ambulances were called to transport a person in the City, the revenues would be distributed to the City and not reimbursed to the Carmel Valley Fire District which, in fact, provided the service. The City-stationed ambulance experienced the reverse situation.

On the expense side of the operations budget, several duplication-of-effort costs were identified, meaning that the Carmel Valley Fire District was paying twice for certain expenses related to CRFA. This expense duplication included such items as overtime, uniform allowance, contract labor, telephone service, liability insurance, administrative staff, legal services, auditing, and travel/training. The cost of the duplicated services is just under $93,000.

Effective July 1, 2009, the City staff will have administrative oversight of the CRFA. This includes annual budget preparation, accounts payable, payroll, human resources and agenda preparation. The Carmel Valley Fire District previously handled these responsibilities.

SUMMARY
The amended JPA and shift of administrative oversight will take some careful stewardship by City staff. Existing City financial policies and practices will be used for the day-to-day management of the CRFA. If managed appropriately, it is likely that the current City subsidy of $400,000 will be less in future years without a reduction in the ambulance response time or a decline in ambulance service levels.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING THE CARMEL/CARMEL VALLEY/AMBULANCE AUTHORITY JOINT POWERS AGREEMENT WITH CARMEL VALLEY FIRE DISTRICT
_______________________________________________________________
WHEREAS, the City of Carmel-by-the-Sea is a member of a Joint Powers Agreement (JPA) with Carmel Valley Fire District; and

WHEREAS, the staff of the Salinas Rural Fire Protection District, which has administrative oversight for the Carmel Valley Fire District staff completed a financial analysis of the Carmel Regional Fire Ambulance (CRFA) operations indicating a duplication of effort; and

WHEREAS, this duplication of effort has caused CRFA costs to be higher than expected and placed both the Carmel Fire District and the City in the position of subsidizing each other from time to time, creating an imbalance on how revenues and expenses are shared; and

WHEREAS, the CRFA Board held two meeting to review and provide policy direction on
maintaining the CRFA authority and adopting a budget for Fiscal Year 2009/2010; and

WHEREAS, the board took action to recommend to their respective legislative bodies that the agreements be approved.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Approve the amended Carmel/Carmel Valley/Ambulance Authority Joint Powers Agreement with Carmel Valley Fire District (Attachment “A”).

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of July 2009 by the following roll call vote:

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

SIGNED:

______________________
SUE McCLOUD, MAYOR

ATTEST:

_____________________
Heidi Burch, City Clerk

CITY COUNCIL: Resolution Ordering Election on Discontinuance & Abandonment of Flanders Mansion Property as Public Parkland

Meeting Date: 7 July 2009
Prepared by: Rich Guillen, City Administrator

City Council
Agenda Item Summary

Name: Consideration of a Resolution ordering an election, requesting county elections to conduct the election, and requesting consolidation of the election.

Description: This resolution will call for a special election to allow the City electors to vote on the discontinuance and abandonment of the Flanders Mansion Property as Public Park Land.

Overall Cost:
City Funds: Unknown at this time
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: This resolution is a legal requirement of the County for the City of Carmel-by-the-Sea to conduct an election.

Decision Record: N/A

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR MCCLOUD AND CITY COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 7 JULY 2009
SUBJECT: CONSIDERATION OF A RESOLUTION ORDERING AN ELECTION, REQUESTING THE COUNTY ELECTIONS DEPARTMENT TO CONDUCT THE ELECTION, AND REQUESTING CONSOLIDATION OF THE ELECTION.

INTRODUCTION
On 16 June 2009, the City Council passed, on first reading, an ordinance calling for a special election to determine whether the Flanders Mansion Property should be discontinued and abandoned as public parkland, and sold with conservation easements and mitigations. The City Council will consider final adoption (second reading) of that ordinance earlier in this meeting. If the ordinance is adopted, the election would occur on the same date as the Statewide elections (3 November 2009).

The City Council has a choice of administering the election at the local level or requesting that the election be administered by the Monterey County Elections Department. Requesting County administration requires adoption of a Resolution requesting consolidation of the City’s election with other elections and specifying what services to provide. The Resolution must be filed by no later than 7 August 2009. The attached Resolution accomplishes both requirements and uses standard language specified by the County Elections Department.

The Resolution contains the following provisions:
• A calling of the election and a request for consolidation with other elections
• A request for County services and an acknowledgment that the City will pay all costs
• The text of the ballot question for the ballot card
• A statement of what percentage of the votes constitutes approval of the ballot measure
• A request that the full text of the ballot measure, as set forth in an attachment to the Resolution, appear in the voter information pamphlet.

The City also must submit an independent analysis of the ballot measure. This is due by 24 August 2009 and will be reproduced in the voter pamphlet. The Secretary of State begins mailing the voter pamphlets on 24 September 2009.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ORDERING AN ELECTION, REQUESTING COUNTY ELECTIONS TO CONDUCT THE ELECTION, AND REQUESTING
CONSOLIDATION OF THE ELECTION

WHEREAS, pursuant to Elections Code Section 10002, the governing body of any city or district may by resolution request the Board of Supervisors of the county to permit the county elections official to render specified services to the city or district relating to the conduct of an election; and

WHEREAS, the resolution of the governing body of the city or district shall specify the services requested; and

WHEREAS, pursuant to Elections Code Section 10002, the city or district shall reimburse the county in full for the services performed upon presentation of a bill to the city or district; and

WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections; and

WHEREAS, pursuant to Elections Code Section 10400, such election for cities and special districts may be either completely or partially consolidated; and

WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. Upon such request, the Board of Supervisors may order the consolidation; and

WHEREAS, the resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election; and

WHEREAS, various district, county, state and other political subdivision elections may be or have been called to be held on 3 November 2009.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED THAT:
1. The governing body of the City of Carmel-by-the-Sea hereby orders an election be called and consolidated with any and all elections also called to be held on 3 November 2009 insofar as said elections are to be held in the same territory or in
territory that is in part the same as the territory of the City of Carmel-by-the-Sea and requests the Board of Supervisors of the County of Monterey to order such consolidation under Elections Code Section 10401 and 10403.

2. The governing body of the City of Carmel-by-the-Sea hereby requests the Board of
Supervisors to permit the Monterey County Elections Department to provide any and
all services necessary for conducting the election and agrees to pay for said services, and

3. The Monterey County Elections Department shall conduct the election for the following MEASURE to be voted on at the 3 November 2009 election:

Title:
APPROVE DISCONTINUANCE AND ABANDONMENT AND SALE OF FLANDERS MANSION PROPERTY PUBLIC PARKLAND
Question: Shall discontinuance and abandonment of the Flanders Mansion Property (APN 010-061-005) as public parkland, and authorization to sell the Flanders Mansion Property "with Conservation Easements and Mitigation" as passed on May 12, 2009 by the City of Carmel-by-the-Sea City Council by Resolutions No. 2009-30 through 2009-33, be approved?

4. The Monterey County Elections Department is requested to print the attached
measure text exactly as filed or indicated on the filed document in the Voter’s
Information Pamphlet section of the Sample Ballot for the 3 November 2009 election.
Cost of printing and distribution of the measure text will be paid for by the City.

5. The Monterey County Elections Department is hereby advised that approval of this ballot measure requires a simple majority (at least 50% plus 1 vote) of those who vote in the election.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of July, 2009, by the following roll call vote:

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

SIGNED,

______________________________
SUE McCLOUD, MAYOR

ATTEST:

________________________
Heidi Burch, City Clerk

CITY OF CARMEL-BY-THE-SEA
BALLOT MEASURE – TEXT
Majority Vote
CITY OF CARMEL-BY-THE-SEA
Special Election
Consolidated with Statewide General Election Majority Vote
Title: APPROVE DISCONTINUANCE AND ABANDONMENT OF, AND AUTHORIZATION TO SELL, FLANDERS MANSION PROPERTY PUBLIC PARKLAND

Question:
Shall discontinuance and abandonment of the Flanders Mansion Property (APN 010-061-005) as public parkland, and authorization to sell the Flanders Mansion Property "with Conservation Easements and Mitigation" as passed on May 12, 2009 by the City of Carmel-by-the-Sea City Council by Resolutions No. 2009-30 through 2009-33, be approved?

Text:
The Flanders Mansion Property (APN 010-061-005) is an approximately 1.252 acre parcel located at 25800 Hatton Road in Carmel, Monterey County, California and situated within the Mission Trail Nature Preserve. This Ballot Measure approves the discontinuance and abandonment of the Flanders Mansion Property as public parkland and authorizes sale of the property with Conservation Easements and Mitigation. The City Council of the City of Carmel-by-the-Sea approved these actions on May 12, 2009 by adopting Resolutions No. 2009-30 through 2009-33. Before the City Council's authorization to discontinue, abandon and sell the Flanders Mansion property with Conservation Easements and Mitigation becomes effective, this ballot measure must be approved by a majority of voters in an election.

The Sale of the Flanders Mansion Property "with Conservation Easements and Mitigation" is described in the Recirculated Draft Environmental Impact Report for the Sale of Flanders Mansion Property (SCH # 2005011108), dated January 2009, certified as revised in the Recirculated Final Environmental Impact Report, dated April 2009, by the City of Carmel-by-the- Sea City Council, by Resolution No. 2009-29 passed on Mary 12, 2009, as follows:

"This alternative would consist of recording conservation easements on certain
portions of the Flanders Mansion Property in order to minimize potential impacts
to the Lester Rowntree Arboretum and a number of existing trails that would need
to be reconfigured as a result of the proposed project. Specifically, this alternative consists of applying a conservation easement (or reducing the parcel size) over portions of the Lester Rowntree Arboretum that are located within the boundaries of the Flanders Mansion parcel. This alternative would also consist of recording an easement or reducing the size along the eastern portion of the driveway to preserve existing trail access to the Mission Trail Nature Preserve (Serra Trail)
and the Lester Rowntree Arboretum. A scenic/conservation easement covering the westerly/southwesterly boundary of the site to include areas bordering ESHA
would be recorded to minimize potential biological impacts. The purpose of these
easements would be to prevent a future property owner from erecting exterior
elements or causing changes to the property within areas that are particularly
sensitive, provide access to the Lester Rowntree Arboretum, and provide areas of
the site that provide park benefits. These easements would restrict future
development activities within portions of the site covered by the easement in order
to reduce biological and aesthetic related impacts. Specifically, fencing, walls or
other man-made features would be prohibited within the boundaries of the easements. These easements would run with the land and would be legally binding on any subsequent property owner. These easements are intended to reduce and/or avoid significant impacts due to the permanent loss of parkland, ensure that park benefits associated with the Property are preserved, provide continued public use of certain portions of the property, and protect environmental resources. The total land area covered by the easements would be approximately 0.5 acres. The total remaining area of the property under this alternative would be approximately 0.752 acres, and it is assumed that all conditions and mitigations identified in this RDEIR would be applicable. Figure 6-1 provides a graphical representation of the alternative parcel configuration and easements.

Implementation of this alternative would retain existing park benefits associated
with the Flanders Mansion Property, while still allowing the City to divest itself of the property. This alternative assumes that impacted trails would also be reconfigured and additional trail connections would be provided to address project impacts. This alternative is not use-specific; therefore, it is assumed that either a
single family or low-intensity public/quasi-public use could occupy the property." Areas to be subject to conservation easements are further shown on Figure 6-1 from the Recirculated Draft Environmental Impact Report, certified by the City of Carmel-by-the-Sea City Council as modified by the Recirculated Final Environmental Impact Report by Resolution Number 29 passed on May 12, 2009. Figure 6-1 appears below.

The mitigation measures included in the Sale with Conservation Easements and Mitigation are provided in the Mitigation Monitoring and Reporting Program approved by the City of Carmel-by-the-Sea City Council on May 12, 2009 by Resolution Number 2009-30. The Mitigation Monitoring and Reporting Program is to be recorded against the Flanders Mansion Property and will run with the land, binding future owners of the property, and provides as set forth below.

Mitigation Monitoring Program
Sale of the Flanders Mansion Project
Section 21081.6 of the Public Resources Code requires all state and local agencies to establish monitoring or reporting programs whenever approval of a project relies upon an Environmental Impact Report (EIR). (See also Title 14, Cal. Code of Regs., § 15091, subd. (d), which also requires adoption of a program for reporting on or monitoring the changes or alternations made to the approved project in order to avoid or substantially lessen the significant environmental effects of the approved project.) The purpose of the monitoring or reporting program is to ensure implementation of the measures being imposed to mitigate or avoid the significant adverse environmental impacts identified in the EIR.

Mitigation Monitoring Program: City of Carmel-by-the-Sea -- Sale of Flanders Mansion Project

Mitigation Measure Number
Mitigation Measure
Compliance or Monitoring Actions to be performed. Where applicable, a certified professional is required for action to be approved.

Implementation Responsibility

Verification Responsibility

Timing

4.1 Aesthetics
4.1-1 In order to minimize potential impacts to the two (2) public viewing areas located adjacent to the Flanders Property, the City of Carmel-by-the-Sea, prior to the sale of the Flanders Property, shall provide additional trail access to these viewing locations from either the Doolittle or Mesa Trails. Appropriate trail signage and public amenities shall also be provided (e.g. benches, picnic tables, or similar), subject to the review and approval of the Forest and Beach Commission.

Prepare and record scenic deed restrictions, easements and/or Covenants, Conditions
and Restrictions

Construct new trail and provide other signage and/or amenities

City of Carmel-by- the-Sea City Attorney

Public Works and/or Building Official

City of Carmel-by-the-Sea

Review and approval by the Forest and Beach Commission

Prior to the sale or lease of the Flanders Mansion

4.1-2 In order to ensure the long-term preservation of existing scenic vistas within the Mission Trail Nature Preserve and adjacent to the Flanders Mansion parcel, the City of Carmel-by-the-Sea shall permanently preserve these locations through scenic deed restrictions or easement, prior to the sale of the Flanders Mansion. The area of the scenic easement shall include the adjacent meadow area located south/southwesterly from the Flanders property as well as the two (2) viewing areas identified in Figure 4.1-5.

Prepare and record scenic deed restrictions, easements and/or Covenants, Conditions
and Restrictions

City of Carmel-by-the-Sea City Attorney

City of Carmel-by-the-Sea

Prior to the sale or lease of the Flanders Mansion

4.1-3 In order to minimize potential indirect impacts to the two (2) public viewing areas located adjacent to the Flanders Property, future exterior changes shall preserve the existing tree line surrounding the Flanders property. Prior to any tree removal and/or the issuance of any building permit associated with future use of the Mansion, the owner shall submit detailed plans, including elevations, site plans, tree removal plans, and similar documentation, to the City of Carmel-by-the-Sea for review and approval. All tree removals shall be in accordance with the City’s existing tree removal ordinance and standards. Any exterior architectural changes shall also be in conformance with Mitigation Measures 4.3-1. This mitigation measure shall be incorporated as a future condition of sale or lease agreement and shall run with the land.
Submit plans
Review and approve plans, and tree trimming/removal permits
Owner or Lessee as Applicant
City of Carmel-by-the-Sea
City Forester and Forest and Beach Commission
Prior to any tree removal &/or issuance of any building permit

CITY COUNCIL: Schematic Design of Forest Theater Renovation Project

Meeting Date: 7 July 2009
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Receive a report and provide policy direction on the schematic design of the Forest Theater renovation project.

Description: Richard McCann of RFM Architects has nearly completed the schematic design for the Forest Theater Renovation Project. To complete the schematic design he must still do a field survey of the trees and obtain manufacturing information to determine whether the audience benches should be built on-site or fabricated off-site.

Overall Cost:
City Funds:
Performance Related Accommodations = $ 2,104,071
Audience Related Accommodations = $ 936,395
Site Infrastructure Related Accommodations = $ 319,248
Grant Funds: N/A

Staff Recommendation: Provide policy direction.

Important Considerations: RFM is prepared to continue as the renovation project architect. If they should remain the project architect, a contract must be approved by the City Council for design development.

Decision Record: At its April 7, 2009 meeting, the City Council requested that the project be separated into phases. RFM Architects has submitted a construction phasing proposal as part of the completed the schematic design.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: JULY 7, 2009
SUBJECT: RECEIVE A REPORT AND PROVIDE POLICY DIRECTION ON THE SCHEMATIC DESIGN FOR THE FOREST THEATER RENOVATION PROJECT

RECOMMENDATION
Provide policy direction on the schematic design for the Forest Theater Renovation
Project.

BACKGROUND
Richard McCann of RFM Architects has nearly completed the schematic design for the
Forest Theater Renovation Project. All that is needed to complete the schematic design are: 1) a field survey of the trees and 2) manufacturing information to determine whether the audience benches should be built on-site or fabricated off-site.

At its April 7, 2009 meeting, the City Council requested that the project be separated into phases. RFM Architects has submitted a construction phasing proposal as part of the completed the schematic design.

STAFF REVIEW
RFM prepared a construction phasing proposal based on interrelated uses:
1. Performance Related Accommodations - stage (including grade level additions for CET) and seating are interrelated;

2. Audience Related Accommodations - audience support facilities for ticket sales, toilets, concessions, and site paths of travel are interrelated; and

3. Site Infrastructure Related Accommodations - electrical power, sound and lighting are interrelated.

RFM prepared cost packages for the above interrelated phases. The City Council choice on how to phase the renovation project can be based on either cost alone or according to need. For instance, the need for public ADA may exceed the need for other improvements.

FISCAL IMPACT
RFM prepared cost estimates for the above three interrelated phases:
1. Performance Related Accommodations = $ 2,104,071
2. Audience Related Accommodations = $ 936,395
3. Site Infrastructure Related Accommodations = $ 319,248

The construction phases are essentially cost packages that collectively make up the entire project. The City Council may decide to complete one, two or all three of the
construction packages. If the renovation project is to proceed, the next phase will be design development. The recently adopted Triennial Budget does not include any
funding for the design development phase of the project. Based on the City Council’s policy direction, the City must amend the budget to include the next phase of the project.

SUMMARY
RFM is prepared to continue as the renovation project architect. If they should remain the project architect, a contract must be approved by the City Council for design development.

PERFORMANCE RELATED ACCOMMODATIONS
Project: Forest Theatre – Selected Adaptations
Date: June 19, 2009

Item No. Description Basis of Allowance Allowance Cost
1.1 Constr Demolition & Excavation 1,800 SF @ @ $12.00/SF $ 21,600

1.2 Seating Slab Grading Allowances 6,050 SF @ $22/SF $ 133,100

1.3 Bldg Pad Grading & Prep Allowances 1,800 SF @ $9/SF $ 16,200

1.4 Seating Form Platforms, Steps, Rails 6,050 SF @ $50/SF $ 300,000

1.5 Paths/Hardscape (Other than Seating Form) 675 SY @ $ 10.00/SY + Labor $ 13,500

1.6 Site Piped Utility Allowance Storm Drainage Water Sanitary Sewer Fire Sprinkler
See Audience Accommodations Incl w. audience

1.7 Electrical Service/Distribution Public Assembly T-24 $25,000 Distrib, Emerg Power, AutoTrans Equip $ 25,000

1.8 Lighting & Sound Stage & Booth Power (exclude stg dims & equip) $40,000 Co Switches $ 40,000

1.8 Lighting Audience Seating incl T-24 (Other than Th Prod)$10,000 Fixt Allowance +
Labor + Conduit $ 10,000

1.9 New Bench Type Theatre Seating 1120 LF @ $250/LF + Labor $ 350,000

1.10 New Shrubs/Trees 00,000 T.B.D.

1.11 Planting Mulch 00,000 T.B.D.

1.12 New Sprinkler Irrigation 00,000 T.B.D.

1.13 Seating Aisle Lighting T-24 $8,000 + Labor $ 14,000

1.14 Plumbing Fixtures & Piping Infrastructure 4T+ 9L $ 30,000

1.15 New Bldg Pad Slab on Grade Allowances 1,800 SF @ $30/SF $ 54,000

1.16 New Bldg Superstructure Constr (stg level only, incl doors, mirrors) 1,800 SF @ $187/SF $ 387,000

1.17 New Bldg Roof Systems 1,800 SF @ $20/SF + Labor $ 72,000

1.18 HVAC Allow $ 48,000

1.19 Fire Sprinklers Allow $ 9,200

1.20 Guard & Hand Rails Allow $ 12,000

1.21 New Wd Stairs Allow $ 1,400

1.22 Floor Covering Allow $ 11,500

1.23 Dressing Counters 50 LF @ $130/LF $ 6,500

1.24 CET Adaptations (Exist space renovation incl seating for 55 seat studio theatre) 2,256 SF @ $50/SF $ 112,800

1.25 CET Additions (New toilets, dressing spaces, code exits) 579 SF @ $215/SF $ 124,485

1.26 PIT (New specific orch pit, excav, floor, walls, stage extension) not CET related 1,353 SF @ $44/SF $ 60,000

1.27 Stage Ltg Towers, Trusses 4 Sets @ $4,500/Ea $ 18,000

1.28 Subtotal Perf Accommodations $1,870,285

1.29 Contingency 12,5% $ 233,786

1.30 Bond T.B.D.

1.31 Insurance T.B.D.

1.32 Prime Contractor Fee T.B.D.

1.33 Indicated Perf Accommodations $2,104,071

AUDIENCE RELATED ACCOMMODATIONS
Project: Forest Theatre – Selected Adaptations
Date: June 12, 2009

Item No. Description Basis of Allowance Allowance Cost
1.1 Constr Demolition & Excavation 2,295 SF @ $12.00/SF $ 27,540

1.2 ADA Off-Loading & Load-in Drive 154 SY @ 12.00/SY $ 1,848

1.3 Bldg Pad Grading & Prep Allowances 1,347 SF @ $9.00/SF $ 12,123

1.4 Paths/Hardscape (Other than Load-in Drive) 324 SY @ 10.00/SY $ 3,240

1.5 Site Piped Utility Allowance Storm Drainage Water Sanitary Sewer Fire Sprinkler
$ 4,000.00 $ 6,500.00 $11,000.00 $ 8,500.00 $ 30,000

1.6 Electrical Service/Distribution See Perf Accommod incl

1.7 Lighting Interior incl T-24 $11,500 Allowance $ 11,500

1.8 Lighting Exterior Pathway $ 8,000 Fixt + Labor $ 12,000

1.9 New Shrubs/Trees $16,000 Allowance $ 16,000

1.10 Planting Mulch $12,000 Allowance $ 12,000

1.11 New Sprinkler Irrigation $ 5,000 Allowance $ 5,000

1.12 Electrical - General Incl with Performance $ incl

1.13 Low Voltage Systems (incl fire alarm, security, page, cctv) $ 8,500 $ 8,500 1/14 Plumbing Fixtures & Piping 14T+7U+8L $ 41,000

1.15 New Bldg Pad Slab on Grade Allowances 1,550 SF @ $30/SF $ 46,500

1.16 New Bldg Superstructure Allowances 1,550 SF @ $210/SF $ 325,500

1.17 New Bldg Roof Systems 5,200 SF @ $40/SF $ 208,000

1.18 HVAC Allow $14,600 $ 14,600

1.19 Fire Sprinklers Allow $ 8,500 $ 8,500

1.20 Pathway & Ramp Rails & WC Guides Allow $32,000 $ 32,000

1.21 Tile Flooring Allow $10,500 $ 10,500

1.22 Sales Counters & Deal Plates Allow $6,000 $ 6,000

1.23 Subtotal Audience Accommod $ 832,351

1.24 Contingency 12.5% $ 104,044

1.25 Bond T.B.D.

1.26 Insurance T.B.D.

1.27 Prime Contractor Fee T.B.D.

1.28 Indicated Audience Accommod $ 936,395

SITE INFRASTRUCTURE RELATED ACCOMMODATIONS
Project: Forest Theatre – Selected Adaptations
Date: June 19, 2009

Item No. Description Basis of Allowance Allowance Cost
1.1 Selected Tree Work, Surface Grading Allow $ 20,000

1.2 Parking-1 Surface & Sub Prep 4,234 SF @ $1.35/SF $ 5,716

1.3 Parking-2 Surface & Sub Prep 6,076 SF @ $2.80/SF $ 17,012

1.4 Drive Strip Surface & Sub Prep 4,938 SF @ $1.35/SF $ 19,752

1.5 Parking-1 Edge Gutter 211 LF @ $14/LF $ 2,954

1.6 Parking-2 Edge Gutter 303 LF @ $14/LF $ 4,242

1.7 Site Drainage Allowance $ 35,000

1.8 Site Run Off Retention & Edge Retaining Walls for Fence 00.00 $ 50,000

1.10 Electrical Service/Distribution Ref Audience & Perf Accommodations incl

1.11 Parking Lot Illumination Allowance + Labor + Conduit $ 16,000

1.12 Site Furniture T.B.D.

1.13 Shrub/Tree Supplement Allowance $ 40,000

1.14 Planting Mulch T.B.D.

1.15 Landscape Sprinkler Irrigation T.B.D.

1.16 Parking Lot Illumination & Power Allowance $ 22,000

1.17 Site Enclosing Wd Fence (Grape Stake) 1,150 LF @ $14/LF $ 16,100

1.18 Entry Arch Replacements Allowance $ 32,000

1.19 Site Signage Allowance $ 3,000

1.20 Subtotal Site Infrastructure $ 283,776

1.21 Contingency 12.5% $ 35,472

1.22 Bond T.B.D.

1.23 Insurance T.B.D.

1.24 Prime Contractor Fee T.B.D.

1.25 Indicated Site Infrastructure $ 319,248

CITY COUNCIL: Updated Housing Element of General Plan

Meeting Date: 7 July 2009
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Receive report and provide policy direction on a draft of the updated Housing Element of the General Plan.

Description: The Housing Element is designed to: identify adequate sites for a range of housing opportunities; facilitate the development of adequate and affordable housing; address constraints to meeting the City’s housing needs; conserve and improve the condition of the City’s existing housing stock and remote housing opportunities for all persons.

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

Staff Recommendation: Review and provide comment on the Draft Housing Element.

Important Considerations: This project consists of an update to the Housing Element. State law mandates that each jurisdiction create and maintain a Housing Element and that it be regularly updated.

Decision Record: The Planning Commission reviewed the draft Housing Element on 10 June 2009.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD & COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 7 JULY 2009
SUBJECT: RECEIVE REPORT AND PROVIDE POLICY DIRECTION ON A DRAFT OF THE UPDATED HOUSING ELEMENT OF THE GENERAL PLAN

INTRODUCTION & BACKGROUND
The General Plan is a long-term policy document that guides the decisions of City Council, all Commissions, Boards and staff. The General Plan is divided into nine
elements, including: Land Use; Circulation; Housing; Coastal Access/Recreation; Coastal Resource Management; Public Facilities; Open Space and Conservation; Environmental Safety; and Noise.

This project consists of an update to the Housing Element. State law mandates that each jurisdiction creates and maintains a Housing Element and that it be regularly updated.

The Housing Element is intended to meet the following objectives:
1. Identify adequate sites for a range of housing opportunities;
2. Facilitate the development of adequate and affordable housing;
3. Address constraints to meeting the City’s housing needs;
4. Conserve and improve the condition of the City’s existing housing stock; and
5. Promote housing opportunities for all persons.

PROCESS
Adoption of the updated Housing Element will require the following steps:
1) Planning Commission review of the draft.
2) City Council review of the draft (this hearing).
3) Draft forwarded to the California Department of Housing and Community Development (HCD) for review and comment.
4) Planning Commission receives comments from HCD and makes recommendations to City Council on a final updated Housing Element and appropriate CEQA documents.
5) City Council adopts the final Housing Element and CEQA documents.

EVALUATION
This section of the staff report describes the various sections of the Housing Element and outlines some of the important issues for discussion.

Section 1 – Introduction: This section provides an introduction of what a Housing
Element should be, how it should be used, and how it relates to state housing law.

Section 2 – Housing Development Resources: This section describes and analyzes the resources available to the City for the development, rehabilitation, and preservation of housing in the City. During each planning period (generally five to seven years), the City is assigned a Regional Housing Needs Allocation (RHNA), which identifies the City’s fair share of the projected housing need for the region. For the planning period of 2007 – 2014, the City of Carmel is expected to produce 32 additional housing units, 16 of which should be reserved for low-, very low- or extremely low-income occupants (see Table 2- 1).

During this planning period, several units have already been constructed and/or permitted. This adjusts the City’s RHNA to seven units.

Section 3 – Goals, Policies & Programs:
This section defines the City’s goals and policies, and the programs required to implement these goals and policies. This section should be the primary focus of the
Council’s review. The Council may want to discuss the following questions:

􀂾 Are the goals, policies and programs realistic and achievable?
􀂾 Are there goals, policies and programs that should be included, that are not?
􀂾 Does the document address the housing element objectives, as required by state
law?

The existing Housing Element contains a section dedicated to the goals, objectives and polices of the plan followed by a section dedicated to programs that implement the identified goals. To streamline the updated Element and to create a more user-friendly document, these sections have been combined. The majority of the existing goals, objectives and polices have been carried over to the updated draft.

Attached to the staff report is a list of the existing goals, objectives, and policies with a reference to their location in the updated draft. Some of the policies were completely eliminated because they are no longer applicable or are addressed in other elements of the General Plan.

The following are the most significant new programs that have been included in the
revised Housing Element:
Program 3-5.1.a: Adoption of Reasonable Accommodation Procedures.

This program requires the City to formally adopt procedures for requests to provide reasonable accommodations for persons with disabilities. The City has allowed for
zoning exceptions on a limited basis as a ‘reasonable accommodation’ in the past. The City, however, does not have a formal application process or policy for dealing with these types of requests.

Program 3-5.3.c: - Subordinate Units
The City allows construction of subordinate units on sites of 8,000 square feet or larger as a way to create additional affordable housing units. This program encourages the City to look at adopting incentives to encourage the construction of more subordinate units.

Program 3-5.4.a: - Density Bonus
This requires that the City review its Density Bonus law and make changes as necessary to comply with State Density Bonus law.

Appendices: The appendices provide background and supporting information for the
Housing Element and information required by HCD. The following provides a brief summary of the items included in the appendices.

Appendix “A” – Housing Needs Assessment: This section provides demographic and
housing characteristics information and discusses housing affordability issues and special needs populations.

Appendix “B” – Constraints on Housing Production: This section describes the various constraints on the production of housing, particularly affordable housing.

Appendix “C” – Housing Program Accomplishments: This section describes the programs that were established as part of the existing Housing Element and whether or not the City successfully implemented these programs.

Appendix “D” – Workshop Summary: This section describes the March 2009 City workshop and the comments received at that meeting.

Appendix “ E” – Glossary: This section contains a glossary of terms used throughout the Element.

RECOMMENDATION
Review and provide comment on the draft Housing Element.

Existing Housing Element - Section 6
Goals, Objectives, Policies and Programs
The City of Carmel-by-the-Sea has always been proud of its residential character and heritage.

All of the General Plan Elements and the Housing Element in particular, strive to preserve, promote, and strengthen this unique residential character. This section of the Housing Element contains goals, objectives, polices and programs intended to meet the following objectives: 1) Conserve and improve the condition of housing and maintain the character and stability of Carmel’s residential districts; 2) Identify adequate sites for a range of housing opportunities; 3) Assist in the development of adequate and affordable housing; 4) Promote housing opportunities for all persons and provide housing and services for special needs groups; and 5) Address constraints to meeting the City’s housing needs.

A. Goals, Objectives, and Policies
Goal G3-1: Preserve the existing single-family residential housing stock and provide adequate sites for an increase in the number of housing units.

Objective O3-1: Establish programs to assist in the procurement of financial assistance to homeowners for maintaining and improving existing housing units.

P3-1: Collect, organize and distribute information on rehabilitation assistance available through Monterey County to homeowners, housing providers, community groups and the building trades.

P3-2: Direct financial assistance for housing rehabilitation from outside public and private sources shall be pursued by the City with particular emphasis on assistance to senior households on limited incomes.

Objective O3-2: Assist homeowners in the identification of appropriate structural, maintenance and seismic improvements to meet health and safety standards.

P3-3: Continue to implement the Building Codes including the Historic Building Code to preserve and upgrade structures.

P3-4: Offer educational materials and special inspection services to homeowners to help identify potential health and safety problems requiring home improvements.

Objective O3-3: Continue to work cooperatively with regional agencies to augment
infrastructure in support of required housing growth.

P3-5: Monitor infrastructure limitations (e.g. sewer, water, roads) that affect the ability to serve new housing units on an annual basis.

P3-6: Participate in regional infrastructure plans and decision-making to ensure that local needs are met through appropriate decisions on road and sewer capacity and on water allocations.

Comment [MSOffice1]: Maintained as Goal G3‐1.
Comment [MSOffice2]: Combined with existing Objective O3‐2 and is now Policy P3‐1 (Goal G3‐1).
Comment [MSOffice3]: Combined with existing Program 1 and is now included in Program 3‐1.a (Goal G3‐1).
Comment [MSOffice4]: Combined with existing Objective O3‐1 and is now included in Policy P3‐1 (Goal G3‐1).
Comment [MSOffice5]: Combined with existing Program 1 and is now included in Program 3‐1.b (Goal G3‐1).
Comment [MSOffice6]: Has become Policy P3‐4 (Goal G3‐3).
Comment [MSOffice7]: Policies P3‐ 5 and p3‐6 were combined and are now
Program 3‐4.b (Goal G3‐3).

P3-7: Support new or upgraded infrastructure that meets local and regional needs and which is financially and environmentally sound.

Objective O3-4: Establish local standards, procedures and ordinances to guide the improvement and use of local roads and storm water infrastructure in a manner that provides adequate capacity for existing and new housing yet preserves and improves the unique visual character of the City.

P3-8: Ensure that local infrastructure is designed and allocated to meet reasonable growth projections.

P3-9: Retain existing roads at current widths and alignments except where improved capacity for new housing is essential, significant safety problems are evident, or opportunities exist for less environmental damage.

P3-10: Coordinate road and drainage improvements with relevant housing development
standards (e.g. site coverage and site drainage) to comply with the Clean Water Act.

P3-11: Require the undergrounding of utilities as a means of promoting safety and aesthetics when housing is improved, replaced or newly constructed.

P3-12: Continue to enforce ordinances, guidelines and practices related to fire protection and fire suppression in new, remodeled, and rebuilt homes to balance safety and cost while reducing risk.

Objective O3-5: Maintain the single-family residential housing stock in the R-1 District and prohibit short-term, transient occupancies.

P3-13: Continue to prohibit short-term, transient rentals and timeshares for all housing citywide.

P3-14: Establish standards and procedures for the conversion of existing R-1 motels to permanent residential use. Allow converted motel units to be re-established in the commercial districts consistent with standards for water use, zoning and the Local Coastal Program.

Goal G3-2: Preserve all existing residential units in the Commercial and R-4 Districts and encourage the development of new multi-family housing.

Objective O3-6: Continue to encourage mixed-use developments (second-floor housing over first-floor commercial uses) as a preferred development form contributing to the village character in all Commercial Districts.

P3-15: Encourage mixed-use developments through incentives, ordinances and permit processes.

P3-16: Encourage proposals to convert existing second floor commercial space to residential units by allowing a reduced parking requirement and fast-track processing.

Objective O3-7: Preserve and enhance the quantity and variety of housing in the downtown.

Comment [MSOffice8]: Covered in Program 3‐4.b (Goal G3‐3).
Comment [MSOffice9]: Is now Policy P3‐5 (Goal G3‐3).
Comment [MSOffice10]: Is now Program 3‐5.a (Goal G3‐3).
Comment [MSOffice11]: Is now Policy P3‐6 (Goal G3‐4).
Comment [MSOffice12]: Combined with existing Program 10 and is now included in Program 3‐6.a (Goal G3‐4).
Comment [MSOffice13]: Combined with existing Program 3 and is now included in Program 3‐6.b (Goal G3‐4).
Comment [MSOffice14]: Maintained as Goal G3‐2.
Comment [MSOffice15]: Now Policy P3‐2 (Goal G3‐2).
Comment [MSOffice16]: Covered under Program 3‐2.a (Goal G3‐2).
Comment [MSOffice17]: Combined with existing Program 4 and is now included in Program 3‐2.a (Goal G3‐2).
Comment [MSOffice18]: Addressed in Policy P3‐2 (Goal 3‐2).

P3-17: Monitor the number of housing units established annually and continue implementing ordinances that protect all housing units in the Commercial and R-4 Districts from loss or conversion to other uses.

P3-18: Continue to reserve apartment and condominium units for permanent housing and prohibit short-term transient rentals except in authorized motel/hotel developments.

P3-19: Continue to require newly constructed floor space at the second floor to be used as residential units and t prohibit the conversion of existing second-floor residential floor space to commercial use.

P3-20: Prohibit conversion of apartments to condominiums to protect the supply of rental housing stock in the downtown.

Goal G3-3: Provide adequate sites for the development of a wide range of housing types for all citizens.

Objective O3-8: Maintain zoning standards for residential densities that encourage pedestrianoriented, mixed-use development to help meet Carmel’s fair share housing needs.

P3-21: Provide appropriate densities for single-family residential housing in the R- District at eleven (11) units per net acre.

P3-22: Provide appropriate densities for multifamily residential housing in the Commercial and R-4 Districts at thirty-three (33) units per acre.

P3-23: Preserve existing subdivision patterns and the character of neighborhoods when land is annexed from Monterey County.

Goal G3-4: Protect the stability of residential neighborhoods by preserving the quality of housing and promoting year-round occupancy.

Objective O3-9: Preserve and protect the scale and character of established neighborhoods while encouraging property improvement.

P3-24: Continue to use appropriate height, coverage and floor area standards to ensure that new construction does not present excess visual mass or bulk to public view or to adjoining properties. Ensure that buildings relate to a human scale and that they avoid use of oversize design elements that make them appear dominating or monumental.

P3-25: Adopt and use clear design guidelines to facilitate an understanding of community design issues, yet remain flexible to allow for creative solutions.

P3-26: Continue to require that projects not meeting adopted design guidelines be reviewed by the Planning Commission or Design Review Board. Diversity in architecture is encouraged as long as proposed designs perpetuate the broader elements of community design that characterize the streetscape within each neighborhood.

Comment [MSOffice19]: Addressed in Policy P3‐14 (Goal G3‐5).
Comment [MSOffice20]: Addressed in Program 3‐6.a (Goal G3‐2).
Comment [MSOffice21]: Is now Program 3‐2.b (Goal G3‐2).
Comment [MSOffice22]: Combined with existing Program 5 and is now included in Program 3‐14.a (G3‐5).
Comment [MSOffice23]: Objective/Policies covered under Program 3‐3.a (Goal G3‐3).
Comment [MSOffice24]: Maintained as Goal G3‐4.
Comment [MSOffice25]: Is now Policy P3‐7 (Goal G3‐4).
Comment [MSOffice26]: Is now Program 3‐7.a (Goal G3‐4).
Comment [MSOffice27]: Addressed in Program 3‐7.b (Goal G3‐4)
Comment [MSOffice28]: Is now Program 3‐7.b (Goal G3‐4).

Objective O3-10: Promote public awareness and foster pride in the history and culture of the village through historic preservation programs.

P3-27: Use information gathered through preservation programs to help identify architectural elements of community character.

P3-28: Use education programs to improve public understanding of the City’s rich cultural and design heritage as a means of encouraging compatible housing design within existing neighborhoods.

P3-28a: Provide zoning flexibility for historic resources to assist with appropriate rehabilitation efforts and offer incentives for the designation of historic resources.

Objective O3-11: Encourage and support outreach programs to promote neighborhood involvement, stability and a stronger sense of community.

P3-29: Support neighborhood safety through continuing the Neighborhood Watch program.

P3-30: Encourage creative outreach services (e.g. Project St. Bernard, Meals-on-Wheels, Seniors helping Seniors and the Library Outreach Program).

P3-31: Support home-sharing programs offered through local non-profit agencies to provide a means for seniors to remain independent.

Goal G3-5: Preserve and increase housing stock available for low and moderate income households, senior citizens and other special needs groups. Prohibit discrimination in the sale or rental of housing.

Objective O3-12: Implement planning and building codes to ensure that housing units are accessible to persons with disabilities or are readily converted for use by persons with disabilities.

P3-32: Recognize the special structural requirements for meeting the needs of persons with disabilities and retain flexibility in the design review process so as to provide for these needs.

P3-33: Continue to upgrade sidewalks and other City facilities to address accessibility needs in public rights-of-way through ongoing maintenance and through conditions of approval for private projects.

Objective O3-13: Promote the development of housing for seniors.

P3-34: Continue to encourage joint public/private senior housing projects.

P3-35: Consider surplus public land for opportunities to develop low-cost senior housing.

Objective O3-14: Explore new opportunities to encourage affordable housing and adopt or amend ordinances to encourage the private sector to produce affordable housing.

Comment [MSOffice29]: Is now Policy P3‐8 (Goal G3‐4).
Comment [MSOffice30]: Is now Program 3‐8.a (Goal G3‐4)
Comment [MSOffice31]: Is now Program 3‐8.b (Goal G3‐4)
Comment [MSOffice32]: Combined Objective O3‐11, P3‐29 and P3‐30 to make Program 3‐7.c (Goal G3‐4).
Comment [MSOffice33]: Combined with existing Program 13 and is now included in Program 3‐13.a (Goal G3‐5).
Comment [MSOffice34]: Maintained as Goal G3‐5.
Comment [MSOffice35]: Combined Objective O3‐12 and P3‐32 and is now included in Policy P3‐9 (Goal G3‐5).
Comment [MSOffice36]: Is now Policy P3‐13 (Goal G3‐5).
Comment [MSOffice37]: Combined with existing Program 7 and is now included in Program 3‐3.b (Goal G3‐3).
Comment [MSOffice38]: Is now Policy P3‐15 (Goal G3‐5).

P3-36: Offer enhanced density bonuses (beyond State minimums) and potential increases in floor area in multi-family residential projects that provide affordable housing.

P3-37: Maintain a reduced parking requirement and reduced requirements for off-site
improvements for projects that include affordable housing units.

P3-38: Continue to allow and encourage the development of new long term rental subordinate units on sites of 8,000 square feet or greater in the R-1 District as a permitted use.

P3-39: Facilitate the provision of emergency and transitional shelters in appropriate districts in the community.

Objective O3-15: Reduce or eliminate governmental constraints on the provision of affordable housing.

P3-40: Continue to reduce planning fees in proportion to the percentage of affordable units contained in the project.

P3-41: Process projects with affordable housing on a “fast-track” by scheduling their review ahead of other projects.

P3-42: Establish an affordable housing allocation category for water resources to serve proposed new affordable units and to ensure that water resources for affordable housing remain available as long as possible during water shortages.

Objective O3-16: Continue public education and monitoring programs as a means of promoting affordable housing and reviewing the degree of success of the City’s housing efforts.

P3-43: Continue annual monitoring of affordable units approved by the City to confirm the number of units constructed, their rental rates, and their occupancy rates.

Objective O3-17: Support energy and water conservation programs to reduce the consumption of these resources in housing and to reduce housing costs.

P3-44: Adopt subdivision standards encouraging lots to be oriented with an east-west axis to maximize southern exposures and improve access to sunlight.

P3-45: Continue to encourage mixed-use housing development that minimizes auto-dependence for work commutes and shopping.

P3-46: Ensure that new construction complies with Title 24 Energy Conservation Regulations.

Objective 03-18: Support fair housing laws and further fair housing choices by promoting housing opportunities and removing impediments to fair housing.

Comment [MSOffice39]: Covered under Program 3‐15.a (Goal G3‐5).
Comment [MSOffice40]: Combined with existing Program 16 and is now included in Program 3‐16.b (Goal G3‐5).
Comment [MSOffice41]: Combined with existing Program 15 and is now included in Program 3‐14.c (Goal G3‐5)
Comment [MSOffice42]: Is now Policy P3‐16 (Goal G3‐5).
Comment [MSOffice43]: Combined with existing Program 17 and is now included in Program 3‐16.a (Goal G3‐5).
Comment [MSOffice44]: Combined with existing Program 18 and is now included in Program 3‐15.d (Goal G3‐5).
Comment [MSOffice45]: Combined with existing Program 9 and is now
included in Program 3‐4.a (Goal G3‐3).
Comment [MSOffice46]: Incorporated into several programs.
Comment [MSOffice47]: Combined with existing Program 19 and is now included in Program 3‐14.d (Goal G3‐5).
Comment [MSOffice48]: Has become Policy P3‐16 (Goal G3‐5).
Comment [MSOffice49]: Addressed in Policy P3‐2.
Comment [MSOffice50]: Combined with existing Program 23 and is now included in Program 3‐16.a (Goal G3‐5).
Comment [MSOffice51]: Now Policy P3‐17 (Goal G3‐5).

Policy P3-47: Work to ensure that individuals and families seeking housing in Carmel-by-the-Sea are not discriminated against on the basis of sex, family structure, race, ethnicity, national origin, religion or other arbitrary factors.

Policy 3-48: Use public-private partnerships and collaborative efforts to ensure that all segments of the community have access to safe and decent housing that meets their diverse needs.

Comment [MSOffice52]: Addressed in Policy P3‐17 (Goal G3‐5).
Comment [MSOffice53]: Addressed in Policy P3‐17 (Goal G3‐5).

CITY COUNCIL: Appointment to Harrison Memorial Library Board of Trustees

CITY CLERK’S OFFICE
CITY OF CARMEL-BY-THE-SEA
July 7, 2009

TO: The Honorable Mayor McCloud & Council Members
FROM: Heidi Burch, City Clerk
SUBJECT: Agenda Item XI.C

The material for:
1. Item XI.C - Ratify Appointment to the Harrison Memorial Library Board of Trustees will be provided under separate cover.

Thank you,

Heidi Burch
City Clerk