Chapter 17.64
FINDINGS REQUIRED FOR PERMITS AND APPROVALS1
Sections:
17.64.010 General Findings Required for All Use Permits.
17.64.020 General Findings Required for Commercial Use Permits.
17.64.030 Purpose of Special Findings.
17.64.040 Above-Ground Parking Structures Located Within 100 Feet of an R-1 Zone.
17.64.050 Adverse Impacts to Historic Resources.
17.64.060 Ancillary or Accessory Uses.
17.64.070 Demolition and Conversion of Residential Structures.
17.64.080 Design Study Approval.
17.64.090 Family Day Care, Large Family.
17.64.100 Increase in Commercial Floor Area, Commercial Spaces or Business.
17.64.130 Nonconforming Structure – Reconstruction of a Structure More Than 75 Percent Destroyed.
17.64.140 R-1 District – R-1 Motels.
17.64.150 R-1 District – Remodeling, Reconstruction or Alteration of R-1 Motels.
17.64.160 R-1-PO District – Construction on Large or Irregularly Shaped Lots.
17.64.170 R-1-PO District – Increased Height or Stories.
17.64.180 R-1-PO District – Modification of Setbacks.
17.64.190 Residential Construction at Densities Between 33 and 44 Units Per Acre.
17.64.200 Retail Space of Less Than 200 Square Feet or Greater Than 5,000 Square Feet.
17.64.230 Single-Family Dwellings in the SC and RC Districts (Required Findings for Approval).
17.64.010 General Findings Required for All Use Permits.
A. In its review of applications for use permits, the Planning Commission shall evaluate each proposed use in order to consider its impact on the City. No use permit shall be granted unless all of these general findings can be made:
1. That the proposed use will not be in conflict with the City’s General Plan.
2. That the proposed use will comply with all zoning standards applicable to the use and zoning district.
3. That granting the use permit will not set a precedent for the approval of similar uses whose incremental effect will be detrimental to the City, or will be in conflict with the General Plan.
4. That the proposed use will not make excessive demands on the provision of public services, including water supply, sewer capacity, energy supply, communication facilities, police protection, and fire protection.
5. That the proposed use will not be injurious to public health, safety or welfare.
6. That the proposed use will be compatible with surrounding land uses and will not conflict with the purpose established for the district within which it will be located.
7. That the proposed use will not generate adverse impacts affecting health, safety, or welfare of neighboring properties or uses.
B. Coastal Development Permits. All decisions on coastal development permits shall be accompanied by written findings:
1. That the project as described in the application and accompanying materials, as modified by any conditions of approval, conforms with the certified City of Carmel-by-the-Sea Local Coastal Program; and
2. If the project is located between the first public road and the sea, that the project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code). (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.020 General Findings Required for Commercial Use Permits.
In addition to the general findings required for all use permits listed above, no use permit shall be granted for commercial or business uses unless all of these general findings can be made:
A. That allowing the proposed use will not conflict with the City’s goal of achieving and maintaining a balanced mix of uses that serve the needs of both local and nonlocal populations.
B. That proposed use will provide adequate ingress and egress to and from the proposed location.
C. That the capacity of surrounding streets is adequate to serve the automobile and delivery truck traffic generated by the proposed use. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.030 Purpose of Special Findings.
Due to their unusual nature or their potential impact on the character of the community, certain uses may require that special findings be made. In addition to the general findings required by CMC 17.64.010, the following special findings for the uses identified below shall be made prior to the granting of a use permit for said uses. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.040 Above-Ground Parking Structures Located Within 100 Feet of an R-1 Zone.
The following special findings are required for off-street parking within 100 feet of the R-1 district:
A. That the proposed parking area meets the standards for off-street parking established in Chapter 17.38 CMC;
B. That the parking facility is attractively landscaped and meets all requirements for a commercial parking lot contained in CMC 17.12.020(F) and (G);
C. That the height of any parking structure will not exceed 16 feet above the official grade of the public right-of-way adjacent to the structure;
D. That the design of the parking facility is in scale and compatible with the adjoining structures and the surrounding neighborhood;
E. That the proposed improvements will not increase the amount of site coverage devoted to parking;
F. That the location of the entrances and exits will (1) minimize the impact on adjacent residential land uses, and (2) provide sufficient sight distance and separation from street intersections and other driveways to maintain vehicular and pedestrian safety;
G. That the capacity of the public streets are adequate to accommodate the vehicular traffic generated by the parking area;
H. That any proposed improvements to increase the number of parking spaces will have a corresponding benefit in reducing existing on-street parking in the adjoining residential neighborhood; and
I. That the location and intensity of proposed lighting fixtures are (1) minimal to meet the basic requirements of public safety, and (2) away from and without impact on adjacent residential structures. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.050 Adverse Impacts to Historic Resources.
The following special findings are required for approval of any permit that will authorize significant adverse impacts inconsistent with the Secretary’s Standards to any historic resource:
A. There is an immediate need to address a public health and safety emergency; or
B. That, as determined through the environmental review process, there are no feasible alternatives consistent with the Secretary’s Standards that would result in a project with at least one-third of the base floor area allowed by the zoning applicable to the site. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.060 Ancillary or Accessory Uses.
The following special findings are required for approval of ancillary or accessory uses:
A. That all proposed ancillary uses are compatible with the primary use;
B. That the proposed land use, considered as a whole, appears to have the primary and ancillary uses united by a consistent theme and that the use will not exhibit a character of multiple, unrelated activities combined into one business; and
C. That the use will contribute to the character of the commercial district as a residential village with a mix of unique retail and service shops. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.070 Demolition and Conversion of Residential Structures.
The following special findings are required for demolition, or conversion of residential structures:
A. That the proposed action will not result in the conversion of any floor space occupied by residential dwelling units to nonresidential use located at any level above the first story in any commercial or R-4 zone; and
B. That the proposed action meets all requirements of the Government Code of the State of California related to affordable housing including Government Code Section 65590. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.080 Design Study Approval.
A. Concept Phase Approval Findings. The following special findings are required for acceptance of the design concept for a residential design study. Project designs found to meet these findings may proceed to final design details review.
1. The project conforms with all zoning standards applicable to the site, or has received appropriate use permits or variances consistent with the Zoning Ordinance.
2. The project is consistent with the City’s design objectives for protection and enhancement of the urbanized forest, open space resources and site design. The project’s use of open space, topography, access, trees and vegetation will maintain or establish a continuity of design both on-site and in the public right-of-way that is characteristic of the neighborhood.
3. The project avoids complexity using simple building forms, a simple roof plan and a restrained employment of offsets and appendages that are consistent with neighborhood character, yet will not be viewed as repetitive or monotonous within the neighborhood context.
4. The project is adapted to human scale in the height of its roof, plate lines, eave lines, building forms, and in the size of windows doors and entryways. The development is similar in size, scale, and form to buildings on the immediate block and neighborhood. Its height is compatible with its site and surrounding development and will not present excess mass or bulk to the public or to adjoining properties. Mass of the building relates to the context of other homes in the vicinity.
5. The project is consistent with the City’s objectives for public and private views and will retain a reasonable amount of solar access for neighboring sites. Through the placement, location and size of windows, doors and balconies the design respects the rights to reasonable privacy on adjoining sites.
6. The design concept is consistent with the goals, objectives and policies related to residential design in the general plan.
7. The development does not require removal of any significant trees unless necessary to provide a viable economic use of the property or protect public health and safety. All buildings are set back a minimum of six feet from significant trees.
B. Final Details Phase Approval. The following special findings are required for final approval of a residential design study application.
1. The proposed architectural style and detailing are simple and restrained in character, consistent and well integrated throughout the building and complementary to the neighborhood without appearing monotonous or repetitive in context with designs on nearby sites.
2. The proposed exterior materials and their application rely on natural materials and the overall design will add to the variety and diversity along the streetscape.
3. Design elements such as stonework, skylights, windows, doors, chimneys and garages are consistent with the adopted design guidelines and will complement the character of the structure and the neighborhood.
4. Proposed landscaping, paving treatments, fences and walls are carefully designed to complement the urbanized forest, the approved site design, adjacent sites and the public right-of-way. The design will reinforce a sense of visual continuity along the street. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.090 Family Day Care, Large Family.
The following special findings are required for approval of the operation of large family day care homes serving seven to 12 persons:
A. That the proposed use adheres to all State of California Department of Social Services requirements for large family day care centers and the standards of this subsection;
B. That the large family day care home is not within 300 feet of any other such licensed facility;
C. That the fire and building departments approve clearance for use of the residential structure as a large family day care home; and
D. The primary use of the structure is as a residence. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.100 Increase in Commercial Floor Area, Commercial Spaces or Business.
The following findings are required for approval of an activity resulting in an increase in commercial floor area, commercial spaces or businesses:
A. That the proposed development has been found consistent with Chapter 17.30 CMC related to the demolition of structures;
B. That the proposed development has been found consistent with CMC 17.14.050(A), (E) and (F), related to the demolition and conversion of residential uses;
C. That the proposed development has been found consistent with CMC 17.50.040, Effects of Allocation, related to water consumption;
D. That parking will be provided to serve all new development on the site consistent with the provisions of Chapter 17.38 CMC, Off-Street Parking Requirements;
E. That all existing nonconformities on the property have been identified, that the proposal would not increase, expand or create any nonconformities, and that the proposal has been found consistent with Chapter 17.36 CMC, Nonconforming Uses and Buildings; and
F. That the approximate square foot areas devoted to residential space, commercial space, landscaping and parking have been designated for guidance in reviewing any design plans that may be necessary and that such areas have been found consistent with Chapter 17.14 CMC, Commercial Zoning Districts. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.110 Merchandise Marts.
The following special findings are required for approval of merchandise marts:
A. That the proposed use is consistent with the standards and conditions established in CMC 17.14.040(T)(11); and
B. That no enclosure or separate business is proposed and that the internal and external appearance of the merchandise mart will be that of one business. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.120 Motels – Existing Motel Uses and the Reconstruction of Motel Buildings in Commercial and R-4 Districts.
The following special findings are required for use permits for existing motel uses and for reconstruction of motel buildings:
A. That the motel or hotel was in existence and lawfully established prior to April 1988 and has remained in operation since that time. That the proposed use will not increase the number of lodging units in existence as of that date.
B. That the proposed use will be operated as a commercial business offering transient lodging for guests and visitors. That the use will maintain living quarters occupied by a full-time manager on-site, if such occupancy was previously established as part of the use.
C. That the minimum number of units on the site is five. That, except for the manager’s unit, no units shall contain kitchens or similar facilities for cooking food.
D. That, when reconstruction is involved, a site plan has been approved through the design review process that maximizes usable open space, minimizes unrelieved expanses of pavement devoted to parking and conforms in all respects to the commercial design requirements in Chapter 17.14 CMC, Commercial Zoning Districts.
E. That the use meets all parking requirements for all uses on the site established by Chapter 17.38 CMC, Off-Street Parking Requirements.
F. That incidental service uses provided by the motel, that are not otherwise allowed within the land use district, will be limited to use by motel occupants only and will not be made available to the general public. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.130 Nonconforming Structure – Reconstruction of a Structure More Than 75 Percent Destroyed.
The following special findings are required for reconstruction of a nonconforming structure destroyed by more than 75 percent of the value of the structure from fire, explosion, acts of God, or act of the public enemy:
A. That the reconstruction of the structure will not increase the nonconformity of the structure from the way it existed before it was destroyed;
B. That based on plans and evidence submitted to the Planning Commission, the size, architecture and design of the reconstructed structure is not appreciably changed from the way it existed before it was destroyed;
C. That based on the recommendation of the City’s Building Official, the reconstruction of the structure will not constitute a hazard to health and safety; and
D. That unless the structure is determined to be a significant building that could be reconstructed under the Historic Building Code or as otherwise determined by the Building Official, the structure shall meet the current Uniform Building Code. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.140 R-1 District – R-1 Motels.2
The following special findings are required for approval of R-1 motels:
A. That the use was in existence as a motel prior to, and on, January 1, 1967;
B. That all structures conform in design and bulk with the residential character of the surrounding area;
C. That all taxes levied upon the property or due the City from any owner or operator or prior owner or operator of the motel have been paid; and
D. That the site area of the motel has been established in City records by filing a dimensional site plan prepared by a licensed professional. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.150 R-1 District – Remodeling, Reconstruction or Alteration of R-1 Motels.1
The following special findings are required for approval of remodeling, reconstruction or alteration of motels in the R-1 district:
A. That all structures are compatible with the residential character of the surrounding neighborhood;
B. That upon reconstruction, remodeling or alteration the total site coverage of all buildings shall not exceed 35 percent of the total site area;
C. That the construction will not result in an increase in floor area beyond that existing when the original use permit was issued; and
D. That the construction will conform with all setback and height requirements applicable to the R-1 district. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.160 R-1-PO District – Construction on Large or Irregularly Shaped Lots.
The following special findings are required for approval of construction on large or irregularly shaped lots in the R-1-PO district:
A. That the proposed setbacks afford maximum protection for the adjoining park lands for the benefit of the public while still accommodating reasonable development of the property;
B. That the proposed setbacks will not constitute a grant of special privileges to the property owner and that the increased flexibility authorized by the proposed setbacks is balanced by a larger or more appropriately designed setback from the park that will protect and/or enhance the enjoyment of the park by the public; and
C. That the proposed setbacks are designated on an approved plan attached to the permit for purposes of documentation and recordation. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.170 R-1-PO District – Increased Height or Stories.
The following special findings are required for approval of increased height in the R-1-PO district:
A. That due to the topography of the site relative to the adjoining park or open space land, the proposed building will not exceed the height or bulk of a structure built on a site at the same grade as the adjoining park and in conformance with the standards in CMC 17.20.090, Minimum Standards, for the park overlay district, or that topography is irrelevant because the location of the buildings on the site avoids view of the buildings from the park;
B. That all proposed building elements exceeding 18 feet in height above grade are limited to chimneys and pitched roof structures with no more than one-half of the distance between the peak or ridge of the roof and the top plate extending above 18 feet; and
C. That those portions of the building visible from the park will exhibit a human-scale, residential character that will not detract from the enjoyment of the park or open space by the public. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.180 R-1-PO District – Modification of Setbacks.
The following special findings are required for modification of setbacks in the R-1-PO district:
A. That the reduction of area of any adjusted setback(s) will not exceed the area of the lot covered by the increased setback from the park established by CMC 17.20.090, Minimum Standards;
B. That a minimum width of at least three feet will be maintained for the full length of the setback after the adjustment;
C. That by reducing any setbacks the proposed structure will not interfere with safe access to other properties in the neighborhood or otherwise result in damage or injury to the use of other adjoining properties; and
D. That structures proposed for construction within reduced setback areas will be compatible with the residential character of the neighborhood and will exhibit a human scale without excessive building bulk, mass or unrelieved surfaces. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.190 Residential Construction at Densities Between 33 and 44 Units Per Acre.
To encourage the creation of affordable housing, certain projects may be granted either bonus density (subsection (A) of this section) or a density bonus (subsection (B) of this section). Affordable housing bonuses allowed pursuant to CMC 17.14.140(D) shall only be required to meet subsection (C) of this section.
A. Bonus Density. Within the R-4 zoning district, additional housing units may be allowed up to a maximum of 44 units per acre (see CMC 17.12.020(C)) when one of the following three standards are met:
1. That at least 20 percent of all units on the site will be used as housing for “lower-income households” as defined by the Association of Monterey Bay Area Governments (AMBAG); or
2. That at least 10 percent of all units on the site will be used as housing for “very low-income households” as defined by AMBAG; or
3. That at least 50 percent of all dwelling units on the site will be used as housing for “senior citizens” as established in California Housing Statutes.
B. Density Bonus. The following special findings are required for approval of a density bonus within areas with core commercial and/or residential/commercial land use designations, as allowed by Government Code Sections 65915 et seq.:
1. In order to facilitate the provision of affordable housing, the City shall grant a density bonus and other incentives and concessions for residential developments in conformance with State Density Bonus Law (Government Code Sections 65915 et seq.) as it may be amended from time to time.
2. Affordable housing projects produced in accordance with this section shall be in conformity with the Local Coastal Program (including with regard to preservation of community character, tree and urban forest protections, preservation of public views, provision of public recreational access, and open space protections), with the exception of the density provisions.
3. Affordable housing projects produced in accordance with this section shall be located in areas with core commercial and/or residential/commercial land use designations.
C. Affordable housing units produced pursuant to subsection (A) or (B) of this section or CMC 17.14.140(D) shall be administered by a City-approved public or quasi-public agency involved in affordable housing programs, or will be verified by the City based on documentation supplied annually by the property owner, in conformance with State Density Bonus Law. (Ord. 2016-04 § 3, 2016; Ord. 2016-02 § 3, 2016; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.200 Retail Space of Less Than 200 Square Feet or Greater Than 5,000 Square Feet.
The following special findings are required for approval of a use permit to create a retail space of less than 200 square feet or greater than 5,000 square feet:
A. That the size of the proposed space reflects the range of retail sizes found within the immediate area and will not break the rhythm of storefronts established along the street frontage or within a courtyard as viewed by pedestrians;
B. That the proposed size is compatible with the design of the building;
C. That the size of the proposed space will not create a sense of monotony in storefront design or type of retail window display and the proposed size will reinforce the sense of discovery and vitality found along the street frontage that is engendered by frequent changes in building design, window displays and land uses;
D. That the proposed land use is compatible with the objectives and policies of the general plan and will reinforce the character of the downtown as a retail district in a residential village with unique shops and a wide variety of goods for residents and visitors; and
E. That, as conditioned, the permit authorizing this size of retail space will be limited to a specific land use and any change in land use will require either a separate use permit or conversion of the space to a size between 200 and 5,000 square feet. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.210 Variance.
The following special findings are required for approval of a variance:
A. That due to special physical circumstances applicable to the property, the strict application of the Zoning Ordinance will deprive the property of privileges enjoyed by other properties in the vicinity which were developed under the same limitations of the Zoning Ordinance;
B. That the variance will not constitute a grant of special privilege inconsistent with limitations on other property in the vicinity and within the same zone;
C. That the variance will not be detrimental to adjacent property or injurious to public health, safety or welfare;
D. That the condition or situation of the property for which the variance is sought is not so general or recurrent in nature as to make reasonable or practical the formulation of a general regulation to address such condition or situation;
E. That the situation or condition for which the variance is sought was not the result of actions of the existing or any prior owner of the property; and
F. That granting the variance will not be in conflict with the General Plan, or the general zoning objectives of the district within which the affected property lies. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.64.220 Affordable Housing – Residential Construction at Densities Between 45 and 88 Units Per Acre.
The following special findings are required for approval of exceptions to zoning standards for projects consisting entirely of affordable housing:
A. That the project consists entirely of affordable housing units for low- and/or very low-income households, as defined in Chapter 17.70 CMC.
B. That the project, and any zoning exceptions requested, will not be detrimental to adjacent properties or injurious to public health, safety or welfare.
C. That the project is consistent with the applicability of provisions found in CMC 17.14.090 and the basic review standard found in CMC 17.14.100 and that new construction represents an improvement over existing conditions.
D. That the project will preserve the community character and will be compatible with the streetscape, mass, bulk and height of the surrounding neighborhood context.
E. That the affordable housing units will be administered by a City-approved public or quasi-public agency involved in affordable housing programs, or will be verified by the City based on documentation supplied annually by the property owner.
F. That the project will not diminish the village character by excessively blocking important public or private views and disturbing natural topography, mature trees, or native growth. (Ord. 2016-04 § 4, 2016; Ord. 2016-02 § 4, 2016; Ord. 2009-02, 2009; Ord. 2007-03, 2007).
17.64.230 Single-Family Dwellings in the SC and RC Districts (Required Findings for Approval).
A. There is an existing single-family dwelling on site that is being maintained, remodeled, altered, expanded or demolished and replaced with a new single-family dwelling; or
B. The project contributes to community character and will be compatible with the streetscape, mass, bulk and uses of surrounding properties. (Ord. 2012-07 (Exh. A), 2012).
Prior legislation: Code 1975 §§ 1308, 1342, Ords. 150 C.S., 156 C.S., 264 C.S., 281 C.S., 294 C.S., 311 C.S., 75-1, 75-4, 78-22, 79-22, 81-1, 82-1, 82-20, 83-18, 84-14, 85-18, 85-32, 86-3, 87-14, 87-25, 87-28, 88-9, 88-11, 88-32, 89-2, 89-19, 92-23, 93-24, 94-2, 95-6, 95-8, 98-8, 99-02, 99-03, 2001-03, 2002-10 and 2003-01.
Note: These provisions approved by voter initiative.