Division I. General Regulations
Chapter 17.02
TITLE, COMPONENTS AND PURPOSES1
Sections:
17.02.020 Title and Authority.
17.02.050 General Rules of Applicability.
17.02.060 Consistency with the General Plan and the Coastal Land Use Plan.
17.02.080 Violations of This Title.
17.02.090 Relationship to Other Regulations and Requirements.
17.02.100 Buildings Under Construction.
17.02.130 Amendments Affecting Pending Applications.
17.02.010 Preamble.
The City of Carmel-by-the-Sea is hereby determined to be primarily, essentially and predominantly a residential City wherein business and commerce have in the past, are now, and are proposed to be in the future subordinated to its residential character and that said determination is made having in mind the history and the development of said City, its growth and the causes thereof, and also its geographical and topographical aspects, together with its near proximity to the cities of Pacific Grove and Monterey, and the businesses, industries, trades, callings and professions in existence and permissible therein. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.02.020 Title and Authority.
This title of the City of Carmel-by-the-Sea Municipal Code shall be known and cited as the “Carmel-by-the-Sea Zoning Ordinance and Coastal Zone Implementation Plan,” or “Zoning Ordinance.” This title is adopted pursuant to the authority contained in Section 65850 et seq. of the California Government Code, Division 20 of the Public Resources Code (California Coastal Act), and Title 14, Division 5.5 of the California Code of Regulations (California Coastal Commission Regulations). (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.02.030 Purpose.
The purpose of this title is to protect and promote the public health, safety, peace, comfort, convenience, prosperity, and general welfare and to implement the policies of the City of Carmel-by-the-Sea’s General Plan and Coastal Land Use Plan. More specifically, this title is intended to:
A. Provide a precise guide for the physical development of the City in order to preserve the residential village character of the City and perpetuate a balance of land uses that are compatible with local resources and the environment;
B. Conserve and enhance the City’s architectural, historical, cultural and natural resources, including the scenic quality of Carmel as a coastal community; and
C. Preserve the traditional characteristics of scale, site design and sensitivity to neighboring sites in all districts; encourage construction that is diverse and innovative in design yet compatible with Carmel’s forest setting and natural environment. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.02.040 Organization.
A. Structure of Regulations. This title consists of six divisions:
1. Division I, General Regulations;
2. Division II, Base Zoning Districts;
3. Division III, Overlay and Community Plan Districts;
4. Division IV, Provisions Applying in All or Several Districts;
5. Division V, Processes and Authorities;
6. Division VI, Classifications, Terms and Definitions.
B. Regulations. Four types of zoning regulations control the use and development of property:
1. Administrative Regulations. These regulations contain detailed procedures for the administration of this title and enforcement of zoning regulations, including rules for construction of language, rules for measurement, and rules for interpretation. Administrative regulations are contained in Division V.
2. Land Use Regulations. These regulations govern land uses permitted, those permitted with certain limitations, conditionally permitted, or prohibited in each zoning district and includes special requirements, if any, applicable to temporary and specific uses. Land use regulations for base zoning districts are in Division II of this title. Land use regulations for overlay districts and for community plan districts are in Division III. Certain regulations applicable in all or several districts are in Division IV.
3. Development Regulations. These regulations control the height, bulk, location, and appearance of structures and the physical layout of property. Development regulations for base zoning districts are in Division II of this title; development regulations for overlay districts are in Division III. Certain development regulations applicable in more than one class of base or overlay districts are in Division IV. These include standards for specific uses and structures, regulations for historic preservation, landscaping, off-street parking and loading, nonconforming buildings and uses, signs, stormwater quality and utility, and subdivisions and lot line adjustments, telecommunications and wireless facilities, tree and shrub maintenance and protection, and water management programs.
4. Terms and Uses. Division VI includes a summary list, with cross-references, of definitions for terms used in the Zoning Ordinance and use classifications.
C. Graphic Illustrations. The illustrations are included for the purposes of explanation and clarification. Where a graphic is in conflict with the text or provisions of this title, the text shall govern. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.02.050 General Rules of Applicability.
A. Applicability. This title shall apply, to the extent permitted by law, to all property in incorporated City of Carmel-by-the-Sea, whether owned by private persons, firms, corporations, or organizations; by the United States or any of its agencies; by the State of California or any of its agencies or political subdivisions; by any county or city, including the City of Carmel-by-the-Sea; or by any authority or public entity organized under the laws of the State of California. Any governmental agency shall be exempt from the provisions of this title only to the extent that such property may not be lawfully regulated by the City of Carmel-by-the-Sea.
B. Compliance with Regulations.
1. It shall be unlawful for any building or structure to be moved, erected, used, altered, enlarged, or rebuilt or for any use to be established or changed that does not strictly conform to the provisions of this title.
2. It shall be unlawful for any yard, open space, or land to be used for any purpose or in any way not specifically permitted by this title.
3. No department, official, or employee of the City of Carmel-by-the-Sea vested with the duty or authority to issue permits or licenses for buildings, structures, or uses subject to the requirements of this title shall issue a permit or license in conflict with the provisions of this title; any permit or license issued in conflict with any provision of this title shall be null and void. Further, no permit or license shall be issued by any department, official, or employee of the City of Carmel-by-the-Sea for any building, structure, or use subject to the requirements of this title on a parcel of land where the department official or employee is aware that a violation of this title exists.
C. Public Nuisance. Neither the provisions of this title nor the approval of any permit required by this title shall authorize any public nuisance to be maintained on any property.
D. Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this title or by California statutes shall be deemed sufficient notice to allow the City to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice.
E. Requests for Notice. Where this chapter requires that notice be given by first class mail to “any person who has filed a written request for such notice,” the request shall be filed with the Director.
F. Conflict with Other Regulations. Where conflict occurs between the provisions of this title and any other City code, chapter, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified.
G. Relation to Prior Ordinance. The provisions of this title supersede all prior zoning ordinances, as amended, of the City of Carmel-by-the-Sea. However, no provision of this title shall validate or legalize any use or structure established, constructed, or maintained in violation of the prior zoning ordinance, as amended, unless specifically authorized by this title.
H. Time of Approval. All approvals granted pursuant to the provisions of this title by the Director, Historic Resources Board, Planning Commission, or City Council are effective upon the granting of the permit or approval or after any time – which may be allowed by law for appeal of the permit, approval, or other action – has been completed. Where good reason exists, the effective time of approval may be modified by the permit or approval.
I. Extension of Time for Holidays and Weekends. If a deadline for compliance with the provisions of this title falls on a weekend or holiday, the time for performing such an act shall be extended to the next working day.
J. Application During Local Emergency. Pursuant to Chapter 2.64 CMC, the Director or Assistant Director of Emergency Services may authorize a deviation from one or more provisions of this title during a local emergency declared and ratified under the Carmel-by-the-Sea Municipal Code. The Director or Assistant Director may authorize such deviations without notice or public hearing. (Amended during 8/09 update; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.02.060 Consistency with the General Plan and the Coastal Land Use Plan.
A. An application for any permit, license, or approval submitted pursuant to this title shall not be accepted as complete for processing unless it is consistent with the land use designation described in the General Plan and the Coastal Land Use Plan. However, the concurrent filing of a permit or license with a General Plan/Land Use Plan amendment application and/or an amendment to the Zoning Code/Implementation Plan shall be allowed. In such cases, the permit or license application(s) shall be considered incomplete for purposes of implementing the Permit Streamlining Act until final action has been taken on the amendment(s) to the General Plan/Land Use Plan/Zoning Ordinance/Implementation Plan. In any case, where there is a conflict between this title and the General Plan and Coastal Land Use Plan, the General Plan and Coastal Land Use Plan shall prevail.
B. Approval or issuance of any permit or license pursuant to this title shall require a determination of consistency with the Carmel General Plan and Coastal Land Use Plan, all applicable specific plans, and other applicable laws, titles, ordinances, codes, policies, and regulations.
C. A proposed use is consistent with all elements of the Carmel General Plan and Coastal Land Use Plan when all the following conditions exist:
1. The proposed use is compatible with the land use designation in which the use is located, as shown by the General Plan diagram and/or as described in the text of the Land Use and Commercial Character Element of the General Plan and the Coastal Land Use Plan.
2. The proposed use is in conformance with, or would not impede implementation of, the goals and policies of the General Plan and the Coastal Land Use Plan and the intent thereof.
3. The proposed use is established and maintained in a manner consistent with all elements of the General Plan and the Coastal Land Use Plan, and all applicable provisions contained therein.
4. The proposed physical development conforms with the goals and policies of the General Plan and the Coastal Land Use Plan, including, but not limited to, such design considerations as:
a. Providing public access, recreational use of, and views to open-space lands, while protecting natural resources;
b. Maintaining a mix of commercial uses compatible with the character of Carmel-by-the-Sea as a residential village; and
c. Ensuring that design considers such items as natural site features; architectural, environmental and cultural preservation; usable open space; and relationship to surrounding uses in terms of scale, siting, architectural features and neighborhood development patterns. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.02.070 Unlawful Acts.
A. It is unlawful:
1. To use any building, structure, improvement or premises within any district for any purpose not permitted by the provisions of this title relating to the district;
2. To erect, construct, establish, alter, enlarge, or move any building, structure or improvement within any of the districts which is designed, arranged or intended to be occupied or used for any purpose not permitted by the provisions of this title relating to the district;
3. To erect, construct, establish, alter, enlarge or move any building, structure or improvement or occupy any premises contrary to the regulations and limitations prescribed in this title regarding building height, building site requirements, percentage of coverage, and front, side and rear yard setbacks, or to violate the terms of a use permit;
4. To include land used as part of a building site – required for one building – in the building site for another building, if the inclusion will reduce the size of the first building site to less than the minimum amount required in this title;
5. To erect, construct, or move any building in any commercial or R-4 district unless such building will have all usable accesses onto the property or into such building at the property line at official grade as established by City ordinance. In the event that adjoining City property is not yet at official grade when a building permit is issued, access will be allowed at other than official grade. Any deviation from official grade shall be constructed so that the property owner can readily alter the access to meet official grade without cost or damage to the City and without a major alteration to the structures on private property at the time the street or sidewalk are brought to official grade; and
6. To dispose of, clean from tools, or store, any solvents, paint, plaster, adhesives, tar, concrete, or other hazardous material in a way that results in the above mentioned material coming into contact with soil anywhere in the City or being disposed of anywhere but in a legal disposal site.
B. It is unlawful for the owner, tenant, lessee or occupant of any property to permit any of the acts described in this title. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.02.080 Violations of This Title.
Any person using any building, structure, or parcel of land in violation of any provision of this title is guilty of a misdemeanor and shall be prosecuted to the fullest extent of the law under Chapter 17.66 CMC, Enforcement. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.02.090 Relationship to Other Regulations and Requirements.
A. Except as otherwise provided herein and by applicable State or Federal law, the regulations of this title and requirements or conditions imposed pursuant to this title shall supersede all other regulations or requirements adopted or imposed by the Carmel-by-the-Sea City Council, any board, commission, or department of the City of Carmel-by-the-Sea, or any other local, State, or Federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. In the event of a conflict between the regulations of this title and any other regulations or requirements adopted or imposed by the City of Carmel-by-the-Sea or by any of the boards, commissions or departments, the regulations imposed pursuant to this title shall take precedence. In the event of a conflict between the regulations of this title and the General Plan/Land Use Plan, the latter shall take precedence.
B. In no case shall the time limit for action required by this title for any approving body exceed time limits as set forth in Government Code Section 65920 et seq., otherwise known as the Permit Streamlining Act.
C. To the extent that this title quotes or paraphrases any State or Federal Statute for convenience and any conflict is discovered, or is created through amendment, the State or Federal Statute shall control and shall be cause for an amendment to this title. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.02.100 Buildings Under Construction.
Any building or structure for which a coastal development permit and a building permit have been issued prior to the effective date of the ordinance codified in this title, or any amendment to this title, may be completed and used in accordance with the plans, specifications, conditions and other permits on which said coastal development permit and building permit were granted, as long as the coastal development permit has not expired before construction has begun and construction is commenced within one year after the issuance of the permit and diligently pursued to completion as determined by the Building Official. No extensions of time shall be granted for commencement of construction if any provision of this title has been amended so as to make the building, structure or permits nonconforming to the provisions of this title. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.02.110 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this title is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The Carmel-by-the-Sea City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause, and phrase thereof, regardless of the fact that any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.02.120 Fees.
The City Council shall establish by resolution, and may amend and revise from time to time, fees for processing the various applications authorized or required by this title. All fees shall be paid at the time an application is filed, and no processing shall commence until the fee is paid in full. A partial refund of fees shall be allowed according to the following schedule:
|
Refund Amount |
Processing Stage |
|---|---|
|
75% |
Project/application withdrawn before a determination that the application is complete |
|
50% |
Project/application withdrawn after it is deemed complete but prior to any public notice, public hearing or completion and public release of any staff report |
|
None |
Project/application withdrawn after any public notice, public hearing or completion and public release of any staff report |
(Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.02.130 Amendments Affecting Pending Applications.
Actions or decisions on permits or applications shall conform to all regulations in effect on the date of the final decision, unless the adopting language of any new ordinance that changes regulations applicable to the project or permit specifies otherwise. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
Prior legislation: Code 1975 § 1300, Ords. 96 and 159 C.S.