Chapter 17.18
PUBLIC AND QUASI-PUBLIC DISTRICTS1
Sections:
Article I. Park and Recreation Districts – P-1 and P-2
17.18.020 Districts Identified.
17.18.030 Land Use Regulations.
17.18.040 Prohibited Structures.
Article II. Cultural and Community Districts – A-1, A-2 and A-3
17.18.060 Districts Identified.
17.18.070 Land Use Regulations.
17.18.080 Additional Use Regulations.
17.18.090 Regulations Applicable to the A-3 District.
17.18.100 A-1 District Development Regulations.
17.18.120 A-3 District Development Regulations.
Article I. Park and Recreation Districts – P-1 and P-2
17.18.010 Purpose.
A. Natural Parklands and Preserves (P-1). The purpose of the natural parklands and preserves district is to preserve publicly owned park and beachlands for the benefit and enjoyment of present and future generations, and to prevent inharmonious use of such lands and prevent the destruction of the City’s beautiful natural open spaces through inappropriate development. Uses permitted shall be limited to those that maintain the property in its natural state.
B. Improved Parklands (P-2). The purpose of the improved parklands district is to provide appropriately located areas for recreation and recreational facilities needed by the residents of the City and the surrounding area. Uses permitted shall be limited to those that are permitted in the P-1 district, in addition to facilities and structures devoted to public recreation, public use, governmental buildings and nonprofit buildings and uses. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.18.020 Districts Identified.
Properties zoned P-1 and P-2 shall be designated by the official zoning map of the City and adopted by ordinance by the City Council.
|
Park |
Zone |
Block |
Lots |
|---|---|---|---|
|
Mission Trails Nature Preserve |
P-1 |
See Map |
|
|
Pescadero Park |
P-1 |
See Map |
|
|
Carmel Beach |
P-2 |
See Map |
|
|
Forest Hill Park |
P-2 |
12 + 155 |
All |
|
Devendorf Park |
P-2 |
6 |
All |
|
Picadilly Park |
P-2 |
75 |
18 |
|
First Murphy Park |
P-2 |
73 |
15, 17, 19 |
|
Vista Lobos Park |
P-2 |
37 |
3, 5, 7 |
|
Outlands |
P-2 |
See Map |
|
(Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.18.030 Land Use Regulations.
Schedule II-C prescribes the land use regulations for the park and recreation districts. The regulations for each district are established by letter designations as follows:
“P” designates permitted use classifications.
“L” designates use classifications that are permitted, subject to certain specific limitations noted by the number designations and listed at the end of Schedule II-C.
“C” designates use classifications permitted after review and approval of a conditional use permit by the Planning Commission. Conditions may apply to these uses, noted by the number designations and listed at the end of Schedule II-C.
These uses are subject to Division I, General Regulations, and may be subject to additional use regulations found in Division IV, Provisions Applying in All or Several Districts. Additional use regulations are also found in CMC 17.18.080 and are referenced in the schedule. Findings for specific uses may also be required and are found in Chapter 17.64 CMC, Findings Required for Permits and Approvals.
Use classifications are defined in Chapter 17.68 CMC, Use Classifications, and are based on the use classifications listed in the current edition of the North American Industry Classification System (NAICS). Questions as to the inclusion or exclusion of a particular proposed use in a particular category will be determined by the Director based on a NAICS Use Categories List, adopted by resolution by the City Council and held at the Department of Community Planning and Building counter. The Director shall make the decision according to the characteristics of the use, and upon the Director’s interpretation of the land use code, the NAICS Use Categories List and the current edition of the NAICS. The determination by the Director may be appealed to the Planning Commission by anyone aggrieved by the decision following the procedures specified in Chapter 17.54 CMC, Appeals.
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Schedule II-C: Public and Quasi-Public Districts: Use Regulations |
|||
|---|---|---|---|
|
P = Permitted Use L = Limitations Apply C = Conditional Use Permit Required |
Park and Recreation Districts |
Additional Regulations |
|
|
P-1 |
P-2 |
||
|
Residential |
|||
|
Single-Family |
– |
L-1 |
See CMC 17.08.050(H) |
|
Senior Citizen Housing |
– |
L-1 |
|
|
Family Day Care |
|
|
|
|
Small Family |
– |
L-1 |
|
|
Large Family |
– |
L-1 |
See CMC 17.08.050(B) |
|
Public, Semipublic and Service |
|||
|
Clubs and Lodges |
– |
L-1 |
|
|
Community Centers |
|
|
|
|
Conference Facilities, Small |
– |
P-1 |
|
|
Government Offices |
– |
L-1 |
|
|
Museums, Galleries, Gardens (noncommercial) |
P |
P-2 |
|
|
Park and Recreation Facilities |
P |
P |
|
|
Parking Facilities, Noncommercial |
– |
C-2 |
See Chapter 17.64 CMC, Findings Required for Permits and Approvals |
|
Commercial |
|||
|
Hotels and Motels |
– |
C-1 |
See Chapter 17.56 CMC, Restricted Commercial Uses |
|
Theater, Live Performance |
– |
C |
|
|
Theater, Motion Picture |
– |
C |
|
|
Transportation, Communication and Utilities |
|||
|
Communication Facilities |
|
|
|
|
Antennas and Transmission Towers – Telecommunications |
C |
C |
See Chapter 17.46 CMC |
|
Antennas and Transmission Towers – Other |
– |
C |
|
|
Facilities Within Buildings |
C |
C |
|
|
Specific Limitations and Conditions: L-1: Limited to the use and maintenance of existing buildings for nonprofit organizations, governmental buildings and uses, and residential use. L-2: Limited to facilities serving only park visitors and/or tenants of park buildings. |
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(Ord. 2023-06 § 3, 2023; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.18.040 Prohibited Structures.
It is unlawful to construct, erect or place any building, structure or improvement of any kind upon, over or under any part of the Carmel beach lands, as defined in this code except those determined by the City Council to be essential for public health, safety or welfare including those required for public access, public restrooms, seawalls, revetment, landscaping, irrigation systems, drainage facilities, water storage, public signage, trash containers, emergency telephones, parking facilities, recreation facilities and facilities for protecting environmental resources. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
Article II. Cultural and Community Districts – A-1, A-2 and A-3
17.18.050 Purpose.
A. Theatrical District (A-1). The purpose of this district is to provide appropriate zoning for existing theaters located amidst the R-1 land use district. Uses permitted in this district shall be limited to those associated with the theater and performing arts.
B. Community and Cultural Center District (A-2). The purpose of this district is to provide an appropriately located area for a community and cultural center. Uses permitted in this district shall be limited to those that provide cultural and community activities associated with the arts, education and recreation.
C. Senior Citizen Facility District (A-3). The purpose of this district is to provide education programs, social events, recreational activities, social services and entertainment for senior citizens. The land use regulations for the A-3 senior citizens land use district are intended to ensure that land uses, facilities and activities permitted within the A-3 senior citizens land use district are consistent with the residential character of the City of Carmel-by-the-Sea and with the environmental goals, objectives and policies contained in the General Plan. Uses permitted in this district shall be those primarily for the benefit of senior citizens. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.18.060 Districts Identified.
Table 17.18-A delineates all lots and blocks contained within the A-1, A-2 and A-3 districts.
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Table 17.18-A: A-1, A-2 and A-3 District Blocks and Lots |
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|---|---|
|
A-1 District |
|
|
Block 85 |
Lots: All |
|
Block C, Addition No. 1 |
Lots 11 through 14 |
|
A-2 District |
|
|
Block 97 |
All |
|
Block 110 |
All |
|
*And that portion of Ninth Avenue lying between San Carlos and Mission Streets |
|
|
A-3 District |
|
|
Block 95 |
Lots 1, 2, 4, 6, 8, 10 and 12 |
(Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.18.070 Land Use Regulations.
Schedule II-D prescribes the land use regulations for the A-1, A-2 and A-3 districts. The regulations for each district are established by letter designations as follows:
“P” designates permitted use classifications.
“L” designates use classifications that are permitted, subject to certain specific limitations noted by the number designations and listed at the end of Schedule II-D.
“C” designates use classifications permitted after review and approval of a conditional use permit by the Planning Commission. Conditions may apply to these uses, noted by the number designations and listed at the end of Schedule II-D.
These uses are subject to Division I, General Regulations, and may be subject to additional use regulations found in CMC 17.18.080 and referenced in the table. Special findings for specific uses may also be required and are found in Chapter 17.64 CMC, Findings Required for Permits and Approval.
Use classifications are defined in Chapter 17.68 CMC, Use Classifications, and are based on the use classifications listed in the current edition of the North American Industry Classification System (NAICS). Questions as to the inclusion or exclusion of a particular proposed use in a particular category will be determined by the Director based on a NAICS Use Categories List, adopted by resolution by the City Council and held at the Department of Community Planning and Building counter. The Director shall make the decision according to the characteristics of the use, and upon the Director’s interpretation of the land use code, the NAICS Use Categories List and the current edition of the NAICS. The determination by the Director may be appealed to the Planning Commission by anyone aggrieved by the decision following the procedures specified in the Chapter 17.54 CMC, Appeals.
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Schedule II-D: A-1, A-2 and A-3 Districts: Use Regulations |
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|---|---|---|---|---|
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P = Permitted Use L = Limitations Apply C = Conditional Use Permit Required |
Other Public Districts |
Additional Regulations |
||
|
A-1 |
A-2 |
A-3 |
||
|
Residential |
||||
|
Senior Citizen Housing |
– |
P |
P |
|
|
Public, Semipublic and Service |
||||
|
Clubs and Lodges |
C |
P |
C |
|
|
Colleges and Trade Schools |
L-1 |
P |
– |
|
|
Community Care Facility |
– |
– |
C |
|
|
Community Centers |
|
|
|
|
|
Conference Facilities, Small |
P |
P |
C |
|
|
Community Social Service Facility |
– |
– |
C |
|
|
Day Care Centers |
– |
– |
C |
|
|
Government Offices |
– |
L-3 |
– |
|
|
Museums, Galleries, Gardens (Noncommercial) |
– |
P |
C |
|
|
Park and Recreation Facilities |
– |
P |
– |
|
|
Parking Facilities, Noncommercial |
C |
P |
C |
|
|
Public Safety Facility |
– |
P |
– |
|
|
Commercial |
||||
|
Eating and Drinking Establishments |
– |
L-3 |
– |
|
|
Parking Facilities, Commercial |
– |
C |
– |
|
|
Personal Improvement Services |
– |
L-2 |
|
|
|
Retail Sales |
|
|
|
|
|
Arts and Crafts |
– |
P |
– |
|
|
Vending Machines |
– |
L-3 |
– |
|
|
Theater, Live Performance |
P |
P |
C |
|
|
Theater, Motion Picture |
P |
P |
– |
|
|
Transportation, Communication and Utilities |
||||
|
Communication Facilities |
|
|
|
|
|
Antennas and Transmission Towers |
C |
C |
– |
See Chapter 17.46 CMC |
|
Other |
||||
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Accessory Use |
|
|
|
See CMC 17.18.080(A) |
|
Temporary Use |
|
|
|
See CMC 17.18.080(A) |
|
Specific Limitations and Conditions: L-1: Limited to schools for theater arts. L-2: Limited to workshops and classes connected with the arts. L-3: Only as an accessory use, when in connection with any other authorized use. |
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(Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.18.080 Additional Use Regulations.
A. Accessory and Temporary Uses. The following are types of accessory and temporary uses allowed, subject to the requirements and standards below.
1. A-1 District. The following uses may be allowed with the issuance of a use permit and provided that they are in accord with the general purposes of the district and have had prior approval of the Carmel Cultural Commission:
a. Concessions for snacks and nonalcoholic beverages incidental to theater performances; and
b. Displays connected with the arts.
2. A-2 District. The following uses are permitted:
a. Concessions for the sale of books, prints, food and nonalcoholic beverages;
b. Concessions for the sale and consumption of alcoholic beverages when located at, and associated with, events at the Sunset Community and Cultural Center only;
c. Displays connected with the arts; and
d. Occasional sales or rentals of paintings and art objects by approved users. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.18.090 Regulations Applicable to the A-3 District.
A. General Regulations.
1. Activities shall be limited to those that will not materially increase traffic, noise or parking demand in the surrounding area as determined by the Planning Commission.
2. No activity shall be allowed generating noise in excess of 60 decibels (8:00 a.m. to 6:00 p.m.) or 55 decibels (all other times) as measured at the property line of any site in the A-3 district using an A-weighted scale.
B. Prohibited Uses. Commercial uses including but not limited to retail sales, food service establishments and transient lodging facilities, but not including the serving of meals, the sale of crafts and other similar activities accessory and incidental to senior citizen facility use are prohibited in the A-3 district. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.18.100 A-1 District Development Regulations.
In order to maintain the residential character and design of any structures built within zone A-1, the regulations established for the R-1 land use district on driveway grades, site and height limitations, building coverage limitations, front yard, side yard and rear yard setbacks and design review shall apply within district A-1. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.18.110 Reversion to R-1.
Any property zoned A-1 shall revert to its original zoning of R-1 upon abandonment of its use. Discontinuance of a permitted use for a period of one year shall constitute abandonment for the purposes of this section. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.18.120 A-3 District Development Regulations.
Development standards applicable to the A-3 district are shown in Table 17.18-B.
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Table 17.18-B: A-3 District Site Development Standards |
|
|---|---|
|
Site Area |
|
|
Minimum |
10,000 square feet |
|
Maximum |
28,000 square feet |
|
Floor Area Ratio |
40 percent of site area |
|
Maximum Height |
24 feet from existing grade |
|
Setbacks* |
|
|
Front yard |
15 feet |
|
Side yard (first story) |
3 feet |
|
Side yard (second story) |
3 feet |
|
Rear yard (first story) |
3 feet |
|
Rear yard (second story) |
15 feet |
|
Floor Area Ratio |
40 percent of site area |
|
Minimum Landscaping |
20 percent of site area |
|
*No setback adjacent to a public street shall be less than 10 feet. For sites fronting on more than one street and for irregularly shaped lots, the Planning Commission shall establish which property lines constitute the front, side, and rear for the purpose of defining setbacks. |
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(Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.18.130 Design Review.
Design review shall be required as set forth in Chapter 17.58 CMC, Design Review. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
Prior legislation: Code 1975 §§ 1311, 1313, 1314, Ords. 158 C.S., 159 C.S., 313 C.S., Initiative Ord. 2, 1973, Ords. 75-1, 80-2, 97-3, 97-6 and 98-3.