Chapter 17.56
RESTRICTED COMMERCIAL USES
Sections:
17.56.020 Numerical and Size Limitations Established.
17.56.030 Procedure for Establishing a Restricted Commercial Use.
17.56.040 Temporary Cessation of Restricted Commercial Uses.
17.56.050 Exercise and Abandonment of Restricted Commercial Uses.
17.56.060 Abandonment and Reestablishment of Motel Units.
17.56.010 Purpose.
These regulations are intended to preserve Carmel’s character as a residential village and perpetuate a balance of land uses that are compatible with local resources and the environment. These regulations will implement the General Plan and Coastal Land Use Plan and:
A. Maintain a mix of commercial uses that is compatible with Carmel’s residential village character;
B. Promote a broad range of goods and services that avoids the dominance of any single type of use and provides a variety of options to the City’s residents and visitors;
C. Encourage the development of second floor apartments above ground floor retail and service uses in the commercial district by limiting commercial uses that may generate noise, fumes, and litter;
D. Promote the establishment of unique, quality commercial uses that serve the intellectual, social, material, and day-to-day needs of the local community and visitors;
E. Protect and enhance the balanced mix of uses in the central business area, particularly along Ocean Avenue, to ensure a high quality, pedestrian-oriented commercial environment providing a variety of goods and services to local residents;
F. Reduce the generation of litter and food waste in the public right-of-way by limiting the number of establishments that sell food and beverages for immediate consumption by pedestrians;
G. Provide locations for retail goods and service establishments to serve surrounding neighborhoods;
H. Discourage the type of establishments that may displace businesses that supply residents with essential goods and services;
I. Prevent development which exceeds the amount and intensity of use that is compatible with adjacent residential neighborhoods;
J. Limit the space occupied by businesses that generate high traffic and/or parking demands; and
K. Provide a transition and buffer between more intense commercial activities and less intense activities in the surrounding residential districts. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.56.020 Numerical and Size Limitations Established.
Table 17.56-A lists the numerical and size limitations for certain restricted uses consistent with the land use regulations for zoning districts in the City in which they may be located and the purposes of the chapter.
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Table 17.56-A: Limitations on Restricted Commercial Uses |
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|---|---|---|---|
|
Use |
Limit on the Number Allowed |
Other Limitations |
Type of Permit Required |
|
Jewelry Stores |
32 |
Minimum 10 percent of gross floor area devoted to jewelry manufacturing and repair |
Business license |
|
Food Stores and Restaurants1 |
15 fronting on Ocean Avenue |
|
|
|
Full Line Food |
Included in 15 |
No seating |
Use permit |
|
Specialty Food |
Included in 15 |
No seating |
Use permit |
|
Full Line Restaurant |
Included in 15 |
Seating required |
Use permit |
|
Specialty Restaurant |
Included in 15 |
Minimum 600 sq. ft. and 20 seats; soup, salad, sandwiches up to 10 percent of sales |
Use permit |
|
Drinking Places |
3 |
|
Use permit |
|
Hotels and Motels |
948 units |
|
Use permit |
1 No drive-in, fast food, or formula food establishments are permitted.
(Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.56.030 Procedure for Establishing a Restricted Commercial Use.
A. Acceptance of Applications. The Department of Community Planning and Building (the Department) shall maintain an inventory of commercial uses subject to the numerical limitations set forth in this chapter. Each proposed change in land use or project for which an application is submitted shall be evaluated to determine whether its approval would result in a net increase in the number of establishments or units that would exceed the limitations set forth in CMC 17.56.020. All applications to establish a land use subject to such limitation shall be returned to the applicant or denied if the approval of such use would exceed the limits specified in CMC 17.56.020. Applications that affect but would not result in a net increase in the number of establishments subject to limitation may be accepted and processed. Numerically limited uses approved by the City shall be physically established and in operation within six months of the date of approval. Failure to establish the use shall void the approval.
B. Reservation of Allocation. For approvals of numerically limited uses associated with construction activity (e.g., such as when a building addition or renovation has been approved for occupancy by the use) the six-month period for establishment shall be dated from issuance of a certificate of occupancy. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.56.040 Temporary Cessation of Restricted Commercial Uses.
A. Any property or business owner who has exercised the right to establish a commercial use subject to the numerical limitations set forth in CMC 17.56.020 and has continuously operated such use since its establishment may temporarily cease operations subject to the requirements of this section and all other applicable City regulations.
B. A numerically limited use may cease operation for a period up to six months without the use being considered abandoned. Periods longer than six months shall be authorized only for construction activity as established below or for a tenant search.
C. The property owner shall submit a written request to temporarily cease operation for any period longer than six months without the use being deemed abandoned. Temporary cessation of a numerically limited use shall be limited to a maximum period of 12 months in the case of a vacant space for which the property owner is seeking a tenant. The property owner shall provide evidence satisfactory to the Director that a tenant is actively and diligently being sought only for the specific use authorized. Failure to do so shall be cause for a determination of abandonment by the Director.
D. Permit Holder Responsibilities. During an approved cessation period the permit holder shall remain responsible for maintenance of the property in compliance with all applicable City codes.
E. Exceptions for Repair. Temporary cessation of a numerically limited use for any period of time exceeding six months in order to carry out repairs or improvements shall require a written request from the property owner and approval by the Director in order to carry out repairs or improvements.
F. No Abandonment Pressured. Temporary cessation of a restricted commercial use in compliance with the requirements of this section shall not be deemed abandonment of such use. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.56.050 Exercise and Abandonment of Restricted Commercial Uses.
A. Exercise of Permit. Unless otherwise specified as a condition of approval by the approving body, City authorization to establish a restricted commercial use shall be exercised within six months of the date of action by the City staff, Planning Commission, or final City Council action. If the application is subject to design review, the approval shall be exercised no later than six months from the date of completion of construction. Approval shall be deemed exercised when the use is physically established and in continuous operation.
B. Extension of Time to Exercise. The Director may grant one extension of a time limit for a period not to exceed six months. No time extension shall be granted for any approval if the General Plan, municipal code, or Local Coastal Plan Program has been amended so as to make the approval inconsistent with such plans or regulations.
C. Abandonment of Use. A restricted commercial use that has been discontinued for a period of six consecutive months shall be considered abandoned unless the property owner has filed notice of temporary cessation as provided for in this chapter. Failure to maintain a valid business license shall be considered substantial evidence of abandonment, and such use shall not be reestablished unless a new application is approved as required by this chapter. Establishment of any different use in a space authorized for occupancy by a numerically limited use shall be considered an abandonment of the numerically limited use. A determination of abandonment by the Director may be appealed to the Planning Commission, as provided for in CMC 17.56.040. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).
17.56.060 Abandonment and Reestablishment of Motel Units.
A. The numerical limits on the total number of hotel/motel/inn units shall include all units located in the R-1, R-4, CC, SC and RC districts. If any units are abandoned through demolition or conversion to other uses, these abandoned units shall become available for reestablishment at another site consistent with the following findings and upon meeting all standards applicable to hotel/motel/inn uses as established by this title.
1. The proposed use will not create a net increase in the total number of lodging units beyond the numerical limits established in Table 17.56-A;
2. The proposed site where the units would be reestablished is not located in a single-family residential zoning district;
3. The use will be operated as a commercial business offering transient lodging for guests and visitors;
4. Upon completion, the proposed project shall include a minimum of five lodging units. No units shall contain kitchens or similar facilities for cooking food;
5. The project will provide parking for all uses on the site in compliance with the requirements of Chapter 17.38 CMC;
6. The proposed project complies with applicable commercial district regulations, including floor area, height, coverage, landscaping, signs, retaining walls and floodlighting;
7. Establishment of the lodging units will not require a debit from the City’s water allocation. The proposed project will operate within its existing water entitlement;
8. If the proposed project involves a transfer of water between sites, sufficient water will remain on each site involved to provide for reasonable development (e.g., one single-family dwelling on a residentially zoned site or retail/office uses on a commercially zoned site);
9. Requests for conversion or demolition of hotel/motel units shall be contingent upon a finding that the existing number of hotel/motel units available for transient occupancy has not significantly diminished from the established limit identified in Table 17.56-A: Limitations on Restricted Commercial Uses. Should the total number of hotel/motel units that have been converted, demolished or abandoned and are therefore available for reestablishment under the cap reach 50, any additional requests for conversion or demolition of hotel/motel units shall (1) be required to be offset one-for-one elsewhere in the City, and (2) shall be contingent upon a finding that the balance between visitor-serving, commercial, and residential land uses is maintained.
B. Remodeling, Reconstruction or Alteration of Motels in Single-Family Districts. The Planning Commission may approve a use permit to remodel, reconstruct, or alter a motel that was legally established in a single-family residential district based on a finding that the design of the proposed project and the design and bulk of proposed structures will be compatible with the residential character of the surrounding neighborhood and the following requirements:
1. The motel was lawfully established prior to January 1, 1967, and has been continuously operated since that date;
2. The total lot coverage of all buildings shall not exceed 35 percent of the total site area based on a survey prepared by a licensed professional surveyor and submitted with the application;
3. The total floor area will not exceed the floor area that was approved subject to the original use permit that was issued to allow establishment of the motel;
4. All proposed work will conform to existing setback and height requirements applicable to the R-1 land use district. 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;
5. The proposed site includes at 1,500 square feet of lot area for each lodging unit in the motel;
6. The proposed construction shall not eliminate any existing on-site parking. If the proposed construction includes reconstruction of any units, one parking space shall be provided on-site for each reconstructed lodging unit;
7. The maximum number of lodging units per building shall not exceed 10 and the total number of lodging units within the motels shall not exceed the number permitted by the original use permit granted pursuant to this subsection or the number in existence on January 1, 1967, whichever is the lesser number;
8. If the project proposes reconstruction, the Planning Commission shall only grant design review approval based on findings that the site plan 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;
9. All kitchens existing on motel sites on the date of the issuance of the use permit pursuant to this subsection shall be made to conform to all sanitation requirements and no additional kitchens may be permitted on the site. For the purposes of this section, kitchens shall mean any area for the preparation of food that meets the standards of the Uniform Building Code or the State Housing Code. No other facilities for the preparation of food shall be permitted other than kitchens;
10. Legally established incidental service uses that are being provided by the motel at the time the application is submitted but 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.
C. Any use permit approved pursuant to this chapter shall expire and no longer be valid if the construction authorized by the permit has not commenced within six months from the date of issuance, unless the Planning Commission approves an extension. (Note: These provisions (CMC 17.56.060(B)) approved by ballot measure and not amendable without a vote of the people; Code 1975 § 1341.3). (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).