City of Carmel-by-the-Sea, CA Chapter 17.14 COMMERCIAL ZONING DISTRICTS [1]

[1] Prior legislation: Code 1975 §§ 1304, 1305, 1307, Ords. 159 C.S., 229 C.S., 264 C.S., 275 C.S., 281 C.S., 287 C.S., 311 C.S., 75-1, 79-22, 81-3, 82-1, 82-20, 83-8, 83-18, 83-25, 84-2, 84-14, 85-32, 86-3, 88-9, 89-1, 89-19, 90-2, 91-8, 91-9, 92-23, 93-26, 94-2, 94-3, 95-1, 95-8, 97-9, 98-11, 98-13, 99-02, 99-03, 2001-03 and 2001-09.

§ 17.14.010 Purpose.

The specific purposes of the commercial zoning districts are as follows:

A. Central Commercial District (CC). To provide an appropriate location for a broad range of retail, residential and service uses. Uses which generate high pedestrian traffic and which do not have large space requirements are appropriate in this district. Residential uses are appropriate on the second floor of structures.

B. Service Commercial (SC). To provide an appropriate location for services, offices, residential and limited retail activities that primarily serve local needs. This district is intended to provide a distinct transition between the more intense activities in the CC district and the less intense activities in the districts on its periphery. Mixed uses of commercial and residential activities are appropriate throughout this district.

C. Residential and Limited Commercial (RC). To provide an appropriate location for permanent and transient residential uses, service and office uses, and limited retail uses that do not adversely impact the residential neighborhood. This district is intended to provide a transition and buffer between the more intense activities in the CC and SC districts and the less intense activities in the R‑1 and R-4 districts.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.020 Districts Identified.

Table 17.14-A delineates all lots and blocks contained within each commercial land use district. Figure II-8 shows the location of lots and blocks in the commercial land use districts.

Table 17.14-A: Commercial District Blocks and Lots
Block	Lots
CC District
Block 55	Lots 9, 11, 13, 15 and 17 through 20
Block 56	Lots 9 through 20
Block 57	Lots 7 and 9 through 20
Block 70	All
Block 71	All
Block 72	All
Block 73	All
Block 74	Lots 1 through 4; 9, 11, 13, and north half of lots 5 through 8
Block 75	Lots 1 through 17; 19 and 21
Block 76	All
Block 77	All
Block 78	All
SC District
Block 49	Lots 14, 16 through 26
Block 50	Lots 13 through 20
Block 51	Lots 13 through 20
Block 55	Lots 1 through 8; 10, 12, 14 and 16
Block 56	Lots 1 through 8
Block 57	Lots 1 through 6; 8
Block 58	All
Block 90	Lots 1 through 4
Block 91	Lots 1 through 8; 10 and 12
Block 92	Lots 1, 3, 5, 7 and 9
RC District
Block 34	All
Block 35	All
Block 36	Lots 1 through 11, 13 and 15
Block 50	Lots 1 through 12
Block 51	Lots 1 through 12
Block 59	Lots 4 through 26
Block 68	All
Block 74	Lot 12; 14 through 22; 10; south half of lots 5 through 8
Block 75	Lots 18, 20, and 22
Block 89	All
Block 90	Lots 5 through 20
Block 91	Lots 9 and 11, 13 through 20
Block 92	Lots 10 through 20; 2, 4, 6 and 8
Block 93	Lots 1 through 6
Block A	Lots 1 through 6
Block EE	Lots 1 through 10 and south 30 feet of lot 11

Figure II-8

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.030 Land Use Regulations.

Schedule II-B prescribes the land use regulations for the commercial 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-B.

"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-B.

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 § 17.14.040, Additional Use Regulations, 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.

Schedule II-B: Commercial Districts – Use Regulations
P = Permitted Use L = Limitations Apply C = Conditional Use Permit Required	Commercial Districts			Additional Regulations
	CC	SC	RC
Retail
Animal Sales and Services
Animal Grooming	P	P	P	See CMC § 17.14.040(C)
Animal Hospitals	–	C	–	See CMC § 17.14.040(C)
Kennels	–	C	C	See CMC § 17.14.040(C)
Automobile Sales and Services				See CMC § 17.14.040(D)
Motorcycles, Mopeds and Parts	P	P	–
Vehicle Repair	–	C	C
Vehicle Service and Gasoline	–	C	C	See CMC § 17.14.040(D)
Building Materials, Hardware and Garden Supplies	P	P	C	See CMC § 17.14.040(G)
Eating and Drinking Establishments				See Chapter 17.56 CMC
Drinking Places	C	C	–	See CMC § 17.14.040(I)
Restaurant, Full Line	C	C	–	See CMC § 17.14.040(I)
Restaurant, Specialty	C	–	–	See CMC § 17.14.040(I)
Food and Beverage Sales				See Chapter 17.56 CMC
Convenience Market	–	L-2	L-2	See CMC § 17.14.040(D)(2) and (J)(2)
Food Store – Full Line	C	C	C	See CMC § 17.14.040(J)
Food Store – Specialty	C	C	–	See CMC § 17.14.040(J)
Liquor	C	C	C	See CMC § 17.14.040(J)
Wine Tasting Shop	C	C	–
Retail Sales	P	P	–	See CMC § 17.14.040(T)
Antique Shops	P	–	–	See CMC § 17.14.040(T)
Art Galleries	P	–	–	See CMC § 17.14.040(T)
Arts and Crafts	P	–	–	See CMC § 17.14.040(T)
Jewelry Shops	P	–	–	See CMC § 17.14.040(T)
Cosmetic Stores	C	C	–
Sales by Public Outcry (Auction)	–	C	C	See CMC § 17.14.040(U)
Specialty, Theme	P	P	–	See CMC § 17.14.040(T)
Stationery	P	P	P	See CMC § 17.14.040(T)
Thrift Shops	P	P	–	See CMC § 17.14.040(T)
Vending Machines	C	C	C	See CMC § 17.14.040(T)
Service/Office
Banks and Other Financial Institutions	P	P	P	See CMC § 17.14.040(F)
Automatic Teller Machines (ATM)	C	C	C	See CMC § 17.14.040(E)
Business Services	P	P	L-1
Commercial Recreation	P	–	–	See CMC § 17.14.040(H)
Community Care Facility	P	P	P
Computer Services	P	P	P
Day Care Centers	–	C	C
Emergency Medical Care	P	P	P
Government Offices	P	P	P
Hotels and Motels	C	C	C	See Chapter 17.56 CMC, Restricted Commercial Uses, and CMC § 17.14.040(M)
Hospitals and Clinics
Hospitals		C	–	See CMC § 17.14.040(L)
Clinics	P	P	P	See CMC § 17.14.040(L)
Hospice Care, Limited	P	P	P
Maintenance and Repair Services	L-3	L-3	L-3
Office
Business and Professional	P	P	P
Medical and Dental	P	P	P
Other	P	P	L-4	See CMC § 17.14.040(O)
Parking Facilities, Commercial	–	C	C	See CMC § 17.14.040(P) and Chapter 17.64 CMC, Findings Required for Permits and Approvals
Personal Improvement Services	C	C	–	See CMC § 17.14.040(Q)
Personal Services	P	P	P
Laundry and Dry Cleaning	C	C	C	See CMC § 17.14.040(R)
Video Tape Rental	P	P	–	See CMC § 17.14.040(R)
Research and Development Testing Services	P	P	P	See CMC § 17.14.040(S)
Residential Care Facilities
General	–	C	C
Limited	L-6	L-6	L-6
Senior	–	C	C
Travel Services	P	P	P	See CMC § 17.14.040(V)
Residential/Public and Semipublic
Colleges and Trade Schools	P	P	P
Community Centers	C	C	C
Conference Facilities, Small	C	C	C
Community Social Service Facility	P	P	P
Family Day Care				See CMC § 17.08.050(B)
Small Family	–	–	P
Large Family	–	C	C
Libraries, Public	P	P	P
Multifamily Dwellings				See CMC § 17.14.040(N)
0 – 22 dwelling units/acre	P	P	P
23 – 33 dwelling units/acre	C	C	C
34 – 44 dwelling units/acre	C	C	C	Chapter 17.64 CMC, Findings Required for Permits and Approvals
45 – 88 dwelling units/acre	C	C	C	Chapter 17.64 CMC, Findings Required for Permits and Approvals
Transient Rental, Legal Nonconforming	L-7	L-7	L-7	Chapter 17.68 CMC, Use Classifications, See "Nonconforming Use" Definition
Transient Rental, Housing Incentive	L-8	L-8	L-8	See CMC § 17.14.040(W)(2)(b).
Museums, Galleries, Gardens (Noncommercial)	P	P	P
Park and Recreation Facilities
Individual Recreation	C	C	–
Organized Recreation	C	–	–
Parking Facilities, Noncommercial	–	C	C	See Chapter 17.64 CMC, Findings Required for Permits and Approvals
Public Safety Facility	P	P	P
Religious Facilities	–	–	C
Schools, Private	P	P	P
Senior Citizen Housing	P	P	P
Single-Family	L-5	C	C	See CMC § 17.08.050(H)
Theater, Live Performance	C	C	C
Theater, Motion Picture	C	C	–
Industrial
Handicraft/Custom Manufacturing	P	P	C	See CMC § 17.14.040(K)
Industry, Limited	P	P	–
Transportation, Communication and Utilities
Antennas and Transmission Towers – Telecommunications	C	C	C
Antennas and Transmission Towers – Other	–	–	–
Facilities Within Buildings	P	P	C
Utilities, Major	P	P	C
Utilities, Minor	P	P	C
Agricultural
Nurseries	P	P	P
Other
Accessory Use				See CMC § 17.08.050(A)
Nonconforming				See Chapter 17.36 CMC, Nonconforming Uses and Buildings
Temporary				See CMC § 17.52.100(I)

Specific Limitations and Conditions:

L-1: Limited to advertising, consumer credit reporting, secretarial court reporting, equipment maintenance and repair, personnel supply services, and nonretail computer services and repair.

L-2: Allowed only as accessory use to gasoline stations and limited to a maximum of 300 square feet. No sales of alcohol are permitted. See CMC § 17.14.040(D)(2) and (J)(2).

L-3: Any establishments with activities generating noise, odors, deliveries by large vehicles, high traffic by customers, or requiring large storage needs are not permitted.

L-4: Limited to offices for the following categories: operators of nonresidential buildings, apartment buildings, dwellings, real estate agents and managers, and title companies.

L-5: Limited to sites that are already developed with a single-family dwelling, or that were originally developed as, or used as, a single-family dwelling but have since been converted to another use. Existing single-family dwellings can be maintained, altered, repaired and/or redeveloped. R-1 district floor area ratio standards shall apply to these sites.

L-6: Subject to the same regulations as apply to other family residential dwellings in the same zone.

L-7: Limited to permits approved prior to the adoption of Ordinance 2019-03.

L-8: Limited to transient rental units approved through the issuance of a conditional use permit as an incentive for the creation of new housing units. See CMC § 17.14.040(W)(2)(b).

Notes:

* All uses are subject to CMC § 17.14.040(A) and (B).

(Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004; Ord. 2012-01 (Exh. A), 2012; Ord. 2012-07 (Exh. A), 2012; Ord. 2016-02 § 6, 2016; Ord. 2016-04 § 6, 2016; Ord. 2017-01 § 1 (Exh. A), 2017; Ord. 2019-03 § 1 (Exh. A), 2020; Ord. 2023-06 § 3, 2023)

§ 17.14.040 Additional Use Regulations.

A. All Uses.

1. No new structure or modification to an existing structure shall be permitted nor shall any business license be issued that would allow the creation of publicly accessible retail space occupying fewer than 200 square feet or more than 5,000 square feet unless approved through a use permit and pursuant to the adoption of findings per CMC § 17.64.200, Retail Space of Less Than 200 Square Feet or Greater Than 5,000 Square Feet.

2. No timeshare uses or fractional interest uses shall be established or permitted in any zone.

3. Except in restaurants, not more than five persons in any one individually licensed business shall be engaged in the production, repair or manufacturing of goods.

4. No use shall be permitted and no process, equipment, or materials shall be employed which is found by the Planning Director or by the Planning Commission to be objectionable to persons residing or working in the vicinity by reason of odor, fumes, noise, vibration, illumination, glare, unsightliness, dust, cinders, dirt, refuse, water carried wastes or heavy truck traffic, or involve any hazard of fire or explosion.

B. Ancillary Uses. The following limitations shall apply to ancillary uses:

1. Ancillary uses shall be limited to no more than 10 percent of the floor area of the established primary use, and 10 percent of the window display area(s) unless otherwise specified in the notes to the use charts.

2. One ancillary use may be established in conjunction with a primary use when the ancillary use is identified as an allowed ancillary use for the primary use in the notes to the use charts appearing in this section (CMC § 17.14.040). Determinations of compatibility for other ancillary uses shall be made by the Director based on the North American Industrial Classification System (NAICS) Manual and the characteristics of the proposed use. Decisions on ancillary uses may be referred to the Planning Commission when, in the opinion of the Director, the classification or compatibility of a proposed ancillary use is unclear.

3. Requests for the establishment of more than one ancillary use with a primary use, or to establish one or more ancillary uses with a proportion of more than 10 percent of the primary use shall only be approved upon the granting of a use permit by the Planning Commission through the adoption of findings established in CMC § 17.64.060, Ancillary or Accessory Uses.

C. Animal Sales and Services.

1. Offices providing veterinary services to small pets only are allowed.

2. No overnight boarding of pets, except for emergency hospitalization needs, is allowed.

3. All animals in the custody of the business must be kept within buildings approved for such use, and constructed to control properly sound and odor connected with the keeping of animals.

D. Automobile Sales and Services. This category excludes sales, leasing or rental of automobiles, tractors and similar vehicles. This category also excludes car washes except hand wash, waxing and detailing businesses.

1. Motorcycles, Moped and Parts.

a. All merchandise must be contained within an enclosed building.

b. Uses that include bicycles, mopeds or motorcycles are not allowed in a building fronting on Ocean Avenue or within 300 feet of an R-1 district.

c. This use may be combined with apparel, sporting goods, hobbies, toys and games.

2. Vehicle Service and Gasoline.

a. Minimum setback from R-1 district: 100 feet.

b. Maximum site size: 12,000 square feet.

c. Maximum number of driveways: two; provided, that together they do not exceed one-third of the frontage of any public street.

d. All equipment, operations and display of merchandise must be kept within an approved structure, except for those items directly required for the dispensing of gasoline, water, air and for the replenishment of oil.

e. The retail sale of food items is limited to a space not exceeding 300 square feet and is subject to the standards in subsection (J)(3)(a) and (b) of this section for a specialty food store.

f. Sales of auto supplies and home furnishings are prohibited in the RC district.

g. A gasoline service station may be combined with an automobile repair facility.

h. Design review is required; see Chapter 17.58 CMC, Design Review.

E. ATMs. Automated teller machines (ATMs) not enclosed within a building shall only be permitted when installed at a bank or savings institution as an ancillary use, unless approved as part of a specific or master plan. All ATMs are subject to specific lighting and signage standards.

F. Banks and Other Financial Institutions. The following uses are prohibited in the RC district: Federal credit agencies, savings and loan associations, and business credit institutions.

G. Building Materials, Hardware, and Garden Supplies.

1. All equipment, supplies and merchandise other than live plants and lumber must be kept within a completely enclosed structure.

2. All types of fertilizer or any chemicals must be stored in package form only.

3. Paint, glass and wallpaper stores are prohibited in the RC district.

4. Mobile home dealers are prohibited in all districts.

H. Commercial Recreation.

1. Astrologer, palm reader, phrenologist and fortuneteller uses can only occupy preexisting commercial spaces in the CC district located on the second floor above street grade in space that is not located on or within 100 feet of Ocean Avenue.

2. The following uses are prohibited: coin-operated amusement devices, amusement parks, bathhouses, bookies, bookmakers, gambling and gaming services, and off-track betting.

I. Eating and Drinking Establishments.

1. All Eating and Drinking Establishments.

a. The sale of nonfood merchandise that is directly related to the use may be allowed when determined to be incidental to the primary use. The display of nonfood merchandise shall be ancillary to the primary use.

b. Adequate facilities shall be provided on the site for the closed storage of trash and garbage generated by the use. The on-site storage shall be designed so that the area can be cleaned and the refuse removed without creating a public nuisance and without being placed on the sidewalks or other public ways. If the method of cooking used will generate hot ashes, a storage facility and disposal method shall first be approved by the Fire Department.

c. At least one restroom shall be available for use by both sexes within, or conveniently adjacent to, the specific business premises and on the same property on which the use is located. This restroom shall comply with all provisions of the State Uniform Building and Plumbing Codes as to the required size, location and accessibility standards, and shall be available for use by both the employees and patrons of the business.

2. Drinking Places.

a. Minimum distance from another use selling distilled spirits intended for either on-site or off-site consumption: 200 feet.

b. Allowable locations: blocks numbered 70 through 77 inclusive, as shown on the map of Carmel-by-the-Sea.

c. Maximum number: three. See also Chapter 17.56 CMC, Restricted Commercial Uses.

d. See also subsection (I)(1) of this section, All Eating and Drinking Establishments.

3. Restaurant, Full Line.

a. Any sale of alcoholic beverages shall be subordinate to this primary use.

b. Drive-in, formula and fast food establishments are prohibited.

c. Substantially all foods from the standard menu shall be available for purchase during the hours that alcoholic beverages are being served.

d. The applications, menus and plans indicate that the business will primarily be a restaurant – full line, and that no more than 20 percent of the total number of seats are at a bar or in a separate bar room. If the use does not meet this standard, the standards in subsection (I)(2) of this section, Drinking Places, shall also apply to the use.

e. Customers shall be provided with individual menus while seated at a table or counter.

f. The maximum seating capacity shall not exceed the standards in the State Uniform Building and Fire Codes, the number of seats approved by the Planning Commission through public review, or the number of seats in the previous business, whichever is less. The seating capacity shall be posted on the premises.

g. Outside seating may be allowed subject to Chapter 17.58 CMC, Design Review.

h. Food sold for consumption off the premises shall be incidental to the primary use. Such food shall be placed in covered containers or wrappings, and all house-brand labeled food store goods such as vinegars, oils and salad dressings shall be prepackaged and sealed.

i. Maximum number of food stores and/or restaurants located within structures fronting on Ocean Avenue: 15. See also Chapter 17.56 CMC, Restricted Commercial Uses.

j. See also subsection (I)(1) of this section, All Eating and Drinking Establishments.

k. Outdoor cooking devices are permitted on private property if designed and located to mitigate impacts to adjacent properties.

4. Restaurant, Specialty (Coffee Shops, Ice Cream Parlor, Etc.).

a. Minimum size: 400 square feet.

b. Minimum number of customer seats on site: 14 seats. The customer seating area must be open to patron use during all hours of operation and the use must be managed to encourage on-premises consumption of food products.

c. Sales of soup, salads and sandwiches may be allowed in an amount up to 10 percent of sales.

d. The sale of alcohol is prohibited.

e. Drive-in, fast food, take-out or formula establishments are prohibited.

f. The service counter must be located within the interior of the business premises and arranged so that customers must first pass by or through the seating area to reach the counter and patron queues will be contained within the building.

g. Outside seating may be allowed, subject to Chapter 17.58 CMC, Design Review.

h. All products sold for consumption off the premises, other than frozen desserts, must be placed in covered containers or wrappings.

i. Cooking equipment is limited to indoor stoves and ovens.

j. Maximum number of food stores and/or restaurants located within structures fronting on Ocean Avenue allowed: 15. See also Chapter 17.56 CMC, Restricted Commercial Uses.

k. The operator of the use shall be responsible for the clean-up of all on-site and off-site litter generated by the use including twice-daily clean-up of all sidewalks and gutters within 50 feet of the storefront and twice-yearly steam cleaning of this area. A practical plan for monitoring and implementing this standard shall be submitted for review with the application for use permit, and will be adopted as a condition of approval of the use.

l. See also subsection (I)(1) of this section, All Eating and Drinking Establishments.

J. Food and Beverage Sales.

1. All Food and Beverage Sales.

a. Adequate facilities shall be provided on the site for the closed storage of trash and garbage generated by the use. The on-site storage shall be designed so that the area can be cleaned and the refuse removed without creating a public nuisance and without being placed on the sidewalks or other public ways.

2. Food Store, Full Line.

a. The use may be combined with liquor stores in the CC and SC districts upon meeting the requirements in subsection (J)(4) of this section, Liquor.

b. A delicatessen providing a broad range of bulk specialty items primarily for home or workplace consumption such as breads, cheeses, meats, prepared salads, dried goods, and limited take-out food such as sandwiches and salads may be allowed as an incidental use. Cooking equipment shall be limited to indoor stoves, ovens and outdoor grills.

c. A maximum of 12 seats may be provided indoors or outdoors on the site.

d. Maximum number of food stores and/or restaurants located within structures fronting on Ocean Avenue: 15. See also Chapter 17.56 CMC, Restricted Commercial Uses.

e. See also subsection (J)(1) of this section, All Food and Beverage Sales.

3. Food Store, Specialty.

a. No specialty food store shall be permitted that is classified as a drive-in, fast food or formula food establishment as defined in this code.

b. All food sold for consumption off the premises shall be placed in covered containers or wrappings.

c. The use may be combined with liquor stores and beer in the CC and SC districts upon meeting the requirements of subsection (J)(4) of this section, Liquor.

d. Maximum number of food stores and/or restaurants within structures fronting on Ocean Avenue: 15. See also Chapter 17.56 CMC, Restricted Commercial Uses.

e. See also subsection (J)(1) of this section, All Food and Beverage Sales.

f. A maximum of 12 seats may be provided indoors or outdoors on the site.

g. Cooking equipment shall be limited to indoor stoves and ovens.

4. Liquor.

a. All food merchandise sold must be pre-packaged items only and not occupy more than 10 percent of the retail or window display area.

b. Minimum distance from another use selling distilled spirits intended for either on-site or off-site consumption: 200 feet.

c. Minimum distance from an R-1 district: 100 feet.

d. In the RC district, liquor sales are limited to off sale beer and wine and only as an accessory use in a full-line food store.

e. See also subsection (J)(1) of this section, All Food and Beverage Sales.

5. Wine Tasting Shop.

a. Shall meet the standards of the City's adopted wine tasting room policy (Resolution 2015-020).

b. Minimum distance from another use selling distilled spirits intended for either on-site or off-site consumption: 200 feet.

c. Minimum distance from an R-1 district: 100 feet.

d. Permitted in the CC and SC districts with the issuance of a conditional use permit.

K. Handicraft/Custom Manufacturing.

1. Only small-scale craft or artisan-oriented production of goods is allowed.

2. Maximum number of employees: five.

L. Hospitals and Clinics. Hospitals and medical and dental labs are prohibited in the RC district.

M. Hotels and Motels.

1. Hotels and motels may include minor accessory uses such as light meals and refreshments for guests only, with or without separate remuneration. If such accessory uses are available to the general public, they must be allowed uses within the underlying land use district and must meet all design, parking and land use regulations established for the use.

2. Special findings are required for use permit approval of this use (see Chapter 17.64 CMC, Findings Required for Permits and Approvals).

3. Limited to hotels, motels and inns established as of April 1988 and additional units are prohibited except as provided in Chapter 17.56 CMC, Restricted Commercial Uses.

N. Multifamily Dwellings.

1. Condominium subdivisions are limited to:

a. Sites of 4,000 square feet or less; and

b. Projects incorporating an equal or greater number of rental apartment units for sites larger than 4,000 square feet.

2. The minimum size of any residential unit shall be 400 square feet.

3. All multifamily projects of three or more units shall include a mix of unit sizes, and at least 25 percent of all units shall be 400 to 650 square feet in size.

4. For two-unit residential developments, the floor area of the smaller unit shall be at least 40 percent of the size of the larger unit.

5. No new residential units are permitted on the first story of any building in the CC district if the units would front directly on a public street unless the building was originally developed as, or used as, a single-family dwelling but has since been converted to another use.

O. Office, Other. No on-site printing or facilities for delivery or distribution of bulk materials or media products or equipment are permitted.

P. Parking Facilities, Commercial. Short-term or long-term commercial parking available to the general public for a fee must have a lot attendant and signage that describes the parking fees.

Q. Personal Improvement Services.

1. Dance Studio.

a. An acoustical analysis must be submitted with the application and noise attenuation measures shall be required as a condition of approval to protect the health and general welfare of nearby residential land uses.

b. The use cannot be operated after 9:00 p.m.

R. Personal Services. Under this classification, the following specific uses are prohibited in all districts: spas, health clubs, massage parlors, steam baths, tattoo parlors, Turkish baths, wedding chapels, and funeral services. The following additional regulations apply to laundry and dry cleaning and to video tape rental.

1. Laundry and Dry Cleaning.

a. Only one synthetic dry cleaning machine using nonflammable and nonexplosive solvents and having a capacity of not more than 40 pounds per cycle is allowed.

b. Low water use fixtures are required.

2. Video Rental. In the CC and SC districts only, video tape rental may be combined with bookstores, camera and photo supply, stores, grocery stores, consumer electronics, sales records and tapes, and drug stores.

S. Research and Development Testing Services.

1. The use cannot expose employees or the public to hazardous materials or hazardous conditions.

2. Materials and wastes generated by the use must be disposed of in a manner that will not be injurious to public health, safety or welfare.

T. Retail Sales. No discount stores, manufacturers' outlet stores, catalog stores, or stores devoting more than 15 percent to the sale of second-quality, irregular or discontinued merchandise or to the liquidation of merchants' or manufacturers' stock shall be established. All retail sales shall be conducted from within a fixed place of business.

1. Antiques.

a. Antiques must be old or rare. The age of the merchandise will depend on the type of merchandise.

b. Merchandise considered collectibles may be allowed to occupy up to 10 percent of the total retail display area including window displays.

c. Art objects or jewelry may be allowed to occupy up to 10 percent of the total retail display area, including window displays.

2. Apparel.

a. The use is limited to retail stores selling new clothing and related articles for personal wear and adornment.

b. The use shall not allow more than 10 percent of all stock, retail or window display area devoted to jewelry.

c. The use shall not allow more than 10 percent of all stock or retail display area to be devoted to souvenir merchandise bearing words or images representing local place names or other visitor destinations, local events or local personalities. No display of souvenir merchandise is permitted in any exterior window or door/doorway.

d. This use may be combined with shoe stores.

3. Art Galleries. The use must meet at least one of the following standards:

a. The use features a single artist representing at least 80 percent of the art for sale in the use; or

b. The use includes a working studio that is utilized for art production by artists represented in the gallery for over half the hours the use is open.

4. Arts and Crafts.

a. The use sells handcrafted merchandise for home decoration and/or furnishings within one or more of the following categories: pottery, glass, fabric, paper, wood, fiber or ceramics.

b. The merchandise must represent unique, artisan-produced items rather than machine or mass-produced goods.

c. The proposed merchandise must have functional and/or decorative use and not be classified as fine art.

d. Art and/or jewelry must not occupy more than 10 percent of the display area.

5. Bookstore. Sales of souvenir-related books and maps bearing local place names shall be allowed as an ancillary use in an amount up to 10 percent of total sales within a bookstore.

6. Catalog and Mail Order.

a. The use is limited to an accessory use in conjunction with a primary retail outlet in the CC and SC land use districts.

b. Offices of mail order houses or catalog order stores with no retail outlet are allowed in the RC district.

7. Clock Shops.

a. The use is limited to those shops offering predominantly clocks and similar timepieces and that do not display or sell jewelry.

b. Stores that predominantly sell watches are classified as jewelry and subject to the standards of subsection (T)(10) of this section, Jewelry Shops.

8. Holiday Decoration Stores.

a. This use may be combined with home furnishing stores.

b. No exterior display of any holiday decoration merchandise for sale is allowed.

9. Home Furniture, Furnishings and Equipment.

a. On sites in the SC district, on-site parking and space for unloading of delivery trucks must be provided or merchandise must be limited to items delivered in small vans or private automobiles.

b. This use may be combined with any of the following uses in the CC and SC districts: building materials, hardware and garden supplies, or holiday decorations stores.

10. Jewelry Shops.

a. The use must provide a full line of jewelry merchandise.

b. An area of at least 10 percent of the total floor area of the business premises must be utilized and maintained for the purpose of manufacturing and repair of jewelry.

c. A craftsperson/jeweler shall be on the business premises for consultation; and available for design, repair and craftwork for at least one-half of the hours in which the store is open for business.

d. Maximum number of jewelry stores: 32. This limitation shall not apply to clock shops that do not sell or display jewelry. See also Chapter 17.56 CMC, Restricted Commercial Uses.

11. Merchandise Marts. Merchandise marts, as defined in this code, shall require a use permit, shall be subject to design review, and shall be governed by the findings established in CMC § 17.64.110, Merchandise Marts. The following conditions shall also apply:

a. Public entrances to each business location shall be from a common space accessible from the public way, the area of such common space to be at least five percent of the total floor area of the building or space for each separate business location, and none of the business locations shall infringe on such common open space. The common shall be dedicated to the free circulation of the public and will not include stairways, restrooms, storage spaces, or areas not accessible to the public.

b. Each business location shall have a permanent ceiling.

c. Each business location shall be separated from the common area by permanent walls, doors, and windows.

d. Each business location shall be separated from each other business location by permanent walls, and/or doors.

e. All merchandise marts shall be subject to sign regulations in Chapter 17.40 CMC, Signs, (with the standards of CMC § 17.40.040, Commercial Interior Signs, being measured from the perimeter of the common open space).

f. Common open space within the building or space shall not be used for the display of merchandise.

g. At least four percent of the required common open space shall be used for landscaping.

12. Musical Instruments. This use may be combined with sales of records and tapes.

13. Souvenirs.

a. This use is allowed only within other primary uses as an ancillary use, with display space limited to 10 percent of the interior retail display area. When established as an ancillary use, no display of souvenir merchandise is allowed in any exterior window, door, or doorway.

b. The type of goods sold under this category shall be related to, and compatible with, the primary use.

14. Sporting Goods, Bicycles, Hobbies, Toys and Games.

a. All merchandise must be contained within an enclosed building.

b. These uses may be combined with each other, apparel stores and with sales of motorcycles, mopeds.

c. Uses that include motorized bicycles, mopeds or motorcycles are not allowed in buildings fronting on Ocean Avenue or within 300 feet of an R-1 district.

d. Uses that include bicycle rentals require the issuance of a conditional use permit.

15. Stationery Stores. In the RC district, stationery stores are limited to uses providing a full range of paper products, office forms, office supplies, stationery, pens, pencils and writing supplies.

16. Used Merchandise.

a. The used merchandise must be sold for nonprofit purposes or as used books in a bookstore.

b. Used merchandise cannot include automotive supplies and equipment, and building materials.

c. Antiques, jewelry or art cannot occupy more than 10 percent of the total display area for used merchandise, including window displays.

17. Vending Machines.

a. Only machines not visible from any public right-of-way and fully contained within an enclosed structure are allowed.

b. Maximum number of machines within a place of business: two.

18. Cosmetic Stores.

a. All merchandise and activity shall be contained within an enclosed shop or business space.

b. Permitted in the CC and SC districts with the issuance of a conditional use permit.

U. Sales by Public Outcry (Auctions).

1. Location. Requires a conditional use permit, limited to the RC and SC districts.

2. Use Permit Requirements. In each case where a conditional use permit is issued for sales by public outcry, in addition to such other conditions imposed determined to be appropriate the following conditions shall be stated upon the face of the permit:

a. The maximum capacity of customers for any one period of operation shall not be more than 50 persons;

b. Fixed permanent seats shall be provided for the maximum number of customers established in subsection (U)(2)(a) of this section;

c. The sales area shall be set apart or screened in order to prevent the selling activity from being seen or heard by persons outside the structure.

V. Travel Services.

1. Only office uses are allowed.

2. No storage of equipment, building materials or vehicles is permitted.

W. Transient Rentals. With the exception of lawfully permitted hotels, motels and transient rentals, transient lodging of residential dwellings for remuneration is prohibited in the CC, SC and RC districts. Permitted transient rentals are limited to the following:

1. Transient Rental, Legal Nonconforming. Transient rental units permitted prior to the effective date of Ordinance 2019-03 are classified as a legal nonconforming use as defined in CMC § 17.68.090. Transient rental permits are allowed in perpetuity and the six-month abandonment provisions contained in Chapter 17.36 CMC shall not apply.

2. Transient Rental, Housing Incentive. Transient rental units are permitted in the CC, SC, RC and R-4 districts as an incentive for the creation of new rental housing units. One transient rental unit is permitted for the creation of three new rental units; one of the new units on the site shall be rented as "low income" and the second unit shall be rented as "moderate income" as defined in CMC § 17.70.020. The third rental unit may be rented at market rate.

a. Rental units created through this incentive program are subject to the density provisions identified in CMC § 17.14.030.

b. Two of the rental units must be a minimum of 650 square feet in size.

c. The transient rental may be located at the same site as the three new rental units, or elsewhere within the CC, SC, RC or R-4 district.

d. Transient rentals permitted as an incentive require the issuance of a conditional use permit, must be maintained at the original site of approval, and are not classified as legal nonconforming as defined in CMC § 17.68.090.

e. Transient rentals require one off-street parking space per unit in all districts.

(Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004; Ord. 2010-02 (Exh. A), 2010; Ord. 2012-07 (Exh. A), 2012; Ord. 2016-03 § 3, 2016; Ord. 2017-01 § 1 (Exh. A), 2017; Ord. 2017-03 § 1 (Exh. A), 2017; Ord. 2019-03 § 1 (Exh. A), 2020; Ord. 2022-07 § 2(1), 2023)

§ 17.14.050 Regulations Applied in All Commercial Districts.

A. No existing residential dwelling unit shall be converted or demolished unless replacement housing is provided in accordance with findings established in CMC § 17.64.070, Demolition and Conversion of Residential Structures.

B. Any change in use that modifies the findings and conditions upon which a use permit was granted shall be a basis for revocation of, or amendment to, the use permit.

C. The decision to grant a use permit shall require three affirmative votes of the City Council or Planning Commission.

D. Conditionally permitted uses operating without a use permit that existed prior to the adoption of this code, and conditionally permitted uses operating with a use permit approved under standards or findings that have been amended since the permit was granted, shall be reviewed at the time the use changes ownership. The form and purpose of this review shall be limited to:

1. Granting a new use permit at a public hearing when the use is determined to meet all current standards for approval; or

2. When the Director determines that a conforming use permit cannot be approved, this process shall be limited to an administrative review and documentation to establish the characteristics of the use, including those listed below, as a matter of public record, to ensure that the use is not altered through the passage of time and successive ownerships. The following shall be documented:

a. Define the use by its NAICS including any subclassifications or special characteristics;

b. Define the size, capacity, hours of operation, and floor area of the use;

c. Identify all nonconformities associated with the use and the structure within which it is located;

d. Identify the characteristics of the use including but not limited to its compliance with general development regulations in CMC § 17.14.040(A) and (B);

e. Identify any standards, required findings and/or standard or special conditions of approval, applicable to the use, to which the use conforms.

E. Any construction resulting in a net increase in the amount of commercial floor area shall require a conditional use permit and coastal development permit authorizing such increase. Prior to authorizing such increase, the Planning Commission shall make all findings listed in CMC § 17.64.100, Increase in Commercial Floor Area, Commercial Spaces or Business. The decision-making body may approve plans submitted or may approve such plans subject to specified changes or conditions.

F. Except as provided for legally established motel units in CMC § 17.14.040(M), Hotels and Motels, all newly constructed second story floor area, including area in new buildings, remodeled buildings and replacement, rebuilt or reconstructed buildings, shall be occupied by residential dwellings only and shall not be used for any commercial land use, except as follows:

1. Existing floor area established at any level above the first story at or near street grade may continue to be used for occupancy by commercial land uses except for those limited to the first story by CMC § 17.12.030, Demolition and Rebuilding of Structures.

2. When such existing commercial space is currently occupied by a retail use, the use may be replaced by another retail use, service use or residential use allowed within the underlying land use district.

3. When such existing space is occupied by a service use, only service or residential uses shall be allowed as a replacement use.

G. No existing residential dwelling unit occupying floor space at any level above the first story in any structure shall be converted to any commercial use.

H. For uses in the RC land use district or located on any property within 300 feet of an R-1 land use district the following standards shall apply:

1. No activity shall be permitted that generates noise in excess of 55 dB at the exterior of the building or yard in which the use is conducted. No activity shall be permitted that causes in excess of 50 dB measured at the property line of any site in the vicinity of the use. Proposed activities that would generate or cause noise in excess of these levels shall require mitigation to achieve these standards or shall be prohibited. Sound measurements shall be made using a sound level meter calibrated for the A-weighted scale and shall be averaged over a 15-minute period. If the use generates or causes noise which includes a steady whine, screech or hum, or is repetitive or percussive or contains music or speech the respective noise standards shall be reduced by five decibels.

2. Any activity requiring deliveries by vehicles wider than eight feet or vehicles of three axles or more shall provide off-street loading facilities adequate to avoid double parking on street. Such facilities shall be used to the extent feasible.

3. Proposed commercial uses that are estimated to generate more than 40 vehicle trips per day per 1,000 square feet of floor space, including but not limited to all retail uses, shall be prohibited from operating before 8:00 a.m. or after 8:00 p.m. All other commercial uses shall be prohibited from operating before 6:00 a.m. or after 9:00 p.m.

I. The Director of Community Planning and Building may authorize temporary uses to occur on private property not exceeding five consecutive days. Temporary uses exceeding five consecutive days shall be referred to the Planning Commission for a decision. Decisions on temporary use permits may be referred to the Planning Commission when, in the opinion of the Director, the use may be objectionable to persons residing or working in the vicinity. The Director shall authorize no more than four temporary uses per calendar year, per property. A temporary use is defined as an activity or event on private property that is limited in duration and is not expressly permitted by the underlying business license or conditional use permit.

(Ord. 2004-02 § 1, 2004; Ord. 2017-01 § 1 (Exh. A), 2017; Ord. 2004-01 § 1, 2004)

§ 17.14.060 Central Commercial (CC) District Regulations Applicable.

A. No building site shall exceed 8,000 square feet.

B. No off-street parking shall be required for apartments.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.070 Enclosed Structures Required for All Uses – Exceptions.

A. All uses in all districts shall be conducted within a completely enclosed building except for:

1. Restaurants;

2. Off-street parking and loading areas;

3. Plant nurseries;

4. Christmas tree sales lots;

5. Service stations;

6. Bus depots and transit stations;

7. Taxi stands;

8. Storage of building materials and supplies in the RC district;

9. Sales of arts and handicrafts, sales of baked goods or other comestibles, and ticket, book and garden material sales by a use permit granted by the Planning Commission under Chapter 17.52 CMC, Permit Procedures. Temporary permission may be granted by the Director for sales that meet the criteria set forth in CMC § 17.52.100(I), Temporary Event, not to exceed 30 days in a single calendar year; and

10. Automated teller machines installed at a bank or savings institution as an ancillary use when:

a. Approved with a use permit and subject to design review by the Planning Commission; and

b. Located within a recess, courtyard, vestibule, parking area or other location that avoids queuing on any public way or sidewalk while maintaining public safety; and

c. Designed to minimize light intensity visible from any public street while also minimizing atmospheric light pollution; and

d. Designed using only incandescent, halogen or high-pressure sodium fixtures that prevent direct view of the light source from any public street or right-of-way through cut-offs, recessed mounts or similar means; and

e. Designed to blend in with the architecture of the building using colors, materials and detailing compatible with adjacent wall surfaces; and

f. Designed to avoid any internally illuminated signs, back-lighted signs or cabinet signs and with no more than 100 square inches of ATM-related signage; and

g. The site design avoids lighting of any publicly maintained sidewalk, street or pathway beyond a 10-foot radius of an ATM and the approved design plans include scaled, photometric analysis that can be field-verified upon installation.

B. Any enclosed use must be a permitted or conditional use within the district in which such use takes place. Within the RC district only, the required enclosed structure may be substituted for by adequate fencing or screening for the concealment of stored machinery, products or other items, when such substitution is authorized by the Planning Commission.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.080 Site Area for Multiple Dwellings.

Each site used for apartments and condominiums shall have an area of land not less than the amount required to meet the allowed density established in CMC § 17.12.020, Site Development and Building Standards. In mixed-use projects, wherein apartments are constructed above a commercial use, the land area required for the apartments shall not be deducted when computing the allowable area for establishing the commercial use.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.090 Findings – Applicability of Provisions.

The City affirms its 1929 statement that it is essentially and predominantly a residential city with a unique commercial and multifamily residential area noted for its village character. This character arises from the variety in building designs and their modest scale, from the prevalence of contiguous street facades punctuated by frequent courtyards, and from the employment of open space and landscaping as a setting for the mix of apartments and shops within the commercial district.

Most structures built prior to 1940 consist of two-story reinforced concrete or wood frame buildings in a variety of architectural styles. The oldest buildings in the district, although remodeled, retain features associated with the Italianate and other commercial styles typical of the late nineteenth and early twentieth century American "Main Street" vernacular. These include second story bay windows, double-hung sash windows, remnants of board and batten and tongue and groove siding, quoins, and paneled and glazed doors. However, it was the construction that took place under the influence of the Spanish Colonial and Tudor architectural revivals of the 1920s that left the most lasting imprint on the character of the business district. Tudor motifs of half-timbering, grouped rectangular windows, ornate brick work, oriel and bay windows, and complex roofs with multiple gables are interspersed among the Spanish stylistic trademarks of plaster exteriors and tiled roofs, of arcades, of ornate wrought iron and carved wood detailing, of colorful glazed tile for staircase risers, for dados, fountains, planters, and backsplashes, and for patios and courtyards.

This tradition of architectural diversity enhances the character of the commercial district and adds a lively sense of history to Carmel's village ambiance. Designs for new buildings and modifications to existing buildings should respect this tradition and historical context. The City has consciously chosen architectural eclecticism and encourages originality and invention so long as the results encompass the unifying values of human scale and the use of natural materials and their role in preserving village character.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.100 Design Review and the Basic Review Standard.

In order to protect the unique qualities and characteristics of the central commercial (CC), service commercial (SC) and residential and limited commercial (RC) districts all exterior design changes are subject to site plan and architectural approval as prescribed in Chapter 17.58 CMC, Design Review. The basic standard of review in the commercial district is whether the project constitutes an improvement over existing conditions – not whether the project just meets minimum standards.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.110 Standard of Review and Design Guidelines.

To assist in the design and review process, the City Council has adopted commercial design guidelines. Proposed projects need not strictly comply with every guideline to be approved but deviations should be minor and reasonably related to good design principles and site conditions. When a proposed project involves construction of a new building or the replacement, significant enlargement, or modification of an existing building, applicants are encouraged, first, to consult the design guidelines and then to prepare and submit conceptual or preliminary drawings for review by the Planning Commission. This preliminary review can promote communication between project applicants and the City's staff and decision-makers, facilitating an understanding of applicable design regulations and avoiding unnecessary expenditures in detailed plans. Development of single-family residences in the RC district shall be consistent with the standards and criteria identified in Chapter 17.10 CMC, R-1 District Design Regulations. (Amended during 8/09 update; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

§ 17.14.120 Maximum Building Site Area.

The maximum land area used as a single building site in the CC district is 8,000 square feet, in the SC district is 12,000 square feet and in the RC district is 32,000 square feet. Development of a parcel larger than these limits requires that the land area be broken up into two or more distinctly different developments to avoid the appearance of a single large project and to maintain the small scale and village character of the City.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.130 Building Coverage.

Building coverage is defined as the total ground area of a site occupied by any building or structure as measured from the outside of its surrounding external walls or supporting members. Building coverage includes exterior structures such as stairs, arcades, bridges, permanent structural elements protruding from buildings such as overhanging balconies, oriel windows, stories which overhang a ground level story, and covered carports.

Excluded from building coverage are roof eaves extending less than 30 inches from the face of the building, awnings or covered entryways and masonry walls not greater than six feet in height such as wing-walls, planter walls or grade-separation retaining walls. All site area not counted as building coverage shall be considered open space.

A. CC and SC Districts. Building coverage in the CC and SC districts shall be limited to 80 percent of the site for designs that fully implement Commercial Guidelines III-A. Exceptions may be granted up to a maximum building coverage of 95 percent. No existing courtyard or intra-block walkway shall be removed. This prohibition will reduce the amount of allowable building coverage on some sites.

B. RC District. The maximum allowable building coverage in the RC district shall not exceed 70 percent of the total site area if the land area is 4,000 square feet or less. If the land area is more than 4,000 square feet, the allowable building coverage shall be reduced by one percent for each additional 2,000 square feet of site area. (For example, the allowable building coverage on a 6,000 square foot site equals 69 percent of the total site area.)

Build-To Line. Within the CC and SC districts the street-facing, ground-level facade of each building shall be established on the property line or within two feet of this line for at least 70 percent of each street frontage of the building. Exceptions to this requirement are allowed for entrances to intra-block walkways or courtyards. The remaining 30 percent or less of the building not constructed at the build-to line shall be used for recessed shop entries, landscaping, building articulation or driveways. For additional guidance regarding the build-to line, please see Commercial Design Guidelines III-A (3), (5) and (6) and III-B(4)(5) found in Appendix E[1] to this title.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

[1] Code reviser's note: The appendices to this title are published under separate cover and available for public review and examination in the office of the city clerk.

§ 17.14.140 Floor Area Ratio.

Floor area ratio equals the floor area divided by site area. Floor area is defined as the total combined area included within the surrounding exterior walls of all floor levels. Floor area includes all floor spaces used for commercial, manufacturing, residential and miscellaneous land uses including space occupied by mezzanine floors, interior walkways, storage areas above ground, hallways, restrooms, and both interior and exterior wall thicknesses.

Excluded from floor area are the following: underground floor space within a basement, cellar or underground garage when not used for commercial purposes. Also excluded are: underground areas for noncommercial storage or parking and mechanical spaces within a building limited to vent, duct and piping shafts, and mechanical equipment rooms of the minimum size required by the building code.

A. Central Commercial and Service Commercial Districts. The basic floor area ratio allowed for one-story buildings in the CC and SC districts shall be 95 percent of the site area and for two-story buildings shall be 135 percent of the site area. In addition to the basic floor area ratio, two-story buildings may qualify for a maximum 15 percent bonus, which allows a floor area ratio up to 150 percent of the site area.

B. Residential and Limited Commercial Districts. The basic floor area ratio allowed for one-story buildings in the RC district shall be 70 percent of the site area and for two-story buildings shall be 80 percent. In addition to the basic floor area ratio two-story buildings may qualify for a bonus of up to 15 percent, which allows a floor area ratio of up to 95 percent of the site area.

C. Maximum Floor Area. No single structure shall contain more than 10,000 square feet of floor area. Interaccessibility between adjacent structures on one or more building sites by any means that allows passage between structures without first exiting to an open space area shall not be allowed if the resulting floor area contained within the combined structures would exceed 10,000 square feet of area.

D. Floor Area Bonus.

1. Affordable Housing Bonuses. A floor area bonus may be granted for projects in all commercial districts and the R-4 districts in the following instances:

a. Moderate Income. Up to five percent for projects if at least 25 percent of the units in a housing project are reserved for persons of moderate income as defined in Chapter 17.70 CMC.

b. Low Income. Up to 10 percent for projects if at least 20 percent of the units in a housing project are reserved for persons of low income as defined in Chapter 17.70 CMC.

c. Very Low Income. Up to 15 percent for projects if at least 10 percent of the units in a housing project are reserved for persons of very low income as defined in Chapter 17.70 CMC.

Approval of such projects is subject to findings in CMC § 17.64.190, Residential Construction at Densities Between 33 and 44 Units Per Acre.

2. Courtyards and Intra-Block Walkways Bonuses. A floor area bonus of up to 10 percent may be granted for projects that include a courtyard and/or intra-block walkway.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2009-02, 2009)

§ 17.14.150 Building Height.

Height shall be measured from the more restrictive of existing or finished grade. Height limits established in this chapter shall be measured as the vertical distance between any point on the grade of a building site and the highest point of any structure directly above that point on grade.

A. No building shall have more than two stories above grade. Additional underground floors, not defined as a story, may be authorized by a use permit approved by the Planning Commission when the use of these floors is expressly limited to the parking of vehicles, noncommercial storage and mechanical equipment serving the building.

B. The allowable maximum building height shall be determined primarily by the design context established by the prevailing heights of nearby structures facing the same street or intersection and within the same pedestrian field of view (i.e., generally, within 100 feet to either side of, or across the street from the proposed structure). In the CC and SC districts the main building and roof form of all structures shall be limited to a maximum of 30 feet. In the RC and R-4 districts the main building and roof form of all structures shall be limited to a maximum of 26 feet. Small areas not exceeding 10 percent of the proposed building coverage and occupied by special design features such as towers, steeples and ornamentation may exceed these heights if approved by the Planning Commission.

C. Building sites which face, abut or adjoin any property in the R-1 district shall be limited to a height of 24 feet.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.160 Setbacks in the RC and R-4 Districts.

A. The front setback shall be measured from the property line adjacent to the street fronting the property. The rear setback shall be measured from the property line most directly opposite the front. All other property lines shall be considered sidelines. On corner lots with two street frontages the shortest frontage shall be considered the front, regardless of where the driveway or front entry are located.

B. Sites abutting or across the street from an R‑4 or RC district require a front setback of at least five feet. Sites abutting or across the street from an R-1 district require a front setback of at least seven and one-half feet. Sites in other locations do not require a front setback.

C. Sites abutting an R-1 or R-4 district require a rear setback of 10 feet. Sites in other locations do not require a rear setback.

D. Sites abutting an R-4 or RC district require a side yard setback of at least five feet along at least 50 percent of each side property line. The remaining 50 percent requires no setback unless the side faces a public street. Any site abutting an R-1 district requires a setback of five feet along the entire side yard.

E. Setbacks required by this section shall be used primarily for landscaping.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.170 Open Space Courtyards and Intra-Block Walkways.

A. Open space is an open area that is free of structures and is visually accessible from public ways or walkways.

B. A courtyard is an open space on private property that is linked to an adjoining sidewalk or walkway in such a manner as to encourage public access. It must be enclosed on at least two sides by buildings and must remain open to the sky. To qualify for floor area bonus provisions the minimum width of a courtyard shall be 20 feet and the minimum area shall be 400 square feet.

C. An intra-block walkway is a publicly accessible ground level pedestrian path providing a connecting route between two or more different streets around a block. Such walkways are often coordinated with courtyards and may involve more than one property ownership to complete. To qualify for floor area bonus provisions the minimum width of an intra-block walkway shall be four feet.

D. Existing courtyards and intra-block walkways are to be conserved as an essential element of the City's design character and shall not be removed. All proposals to alter the size, location or configuration of a courtyard or intra-block walkway require review by the Planning Commission. Generally, such changes shall be approved only if the Commission finds that the proposed change would be an improvement over existing conditions such as improving public access, allowing for creation of a new or better link with courtyards or walkways nearby or eliminating a safety hazard.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.180 Landscaping.

Landscaping shall be provided in conjunction with development in commercial zoning districts in accordance with Chapter 17.34 CMC, Landscaping.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.190 Public Improvements.

Development projects involving substantial new or replacement construction shall include improvements in the public right-of-way adjacent to the building site to coordinate the design of the development with the design of City streets, sidewalks, walkways and infrastructure improvements and to enhance the overall appearance of the community. (See Policy and Standards for Public Way Design).

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.200 Parking Requirements.

Surface parking, parking structures and driveways design shall be consistent with the provisions of Chapter 17.38 CMC, Off-Street Parking Requirements. In order to preserve the village character and pedestrian orientation of the downtown core, on-site parking within 200 feet of Ocean Avenue shall be prohibited and no site alteration shall be allowed that includes additional driveways, surface parking spaces or underground spaces within this area. Parking requirements on sites where parking is prohibited shall be satisfied through the payment of fees in-lieu of on-site parking as established in Chapter 17.38 CMC, Off-Street Parking Requirements.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.210 Parking Design.

The following standards shall apply to all surface and underground parking designs:

A. The minimum size for all surface and underground parking shall be nine feet by 20 feet for standard spaces and eight and one-half feet by 16 feet for compact spaces.

B. For all parking designs with parking spaces perpendicular to vehicle travel lanes, a minimum of 20 feet shall be provided for automobile back-up room behind standard spaces and 18 feet behind compact spaces. Designs shall minimize the need for multiple or complex turning movements. When angled parking is used, the minimum back-up room shall be that distance specified in the current edition of Architectural Graphic Standards.

C. Compact spaces may constitute 50 percent of the total required spaces. All spaces provided in excess of the minimum requirements may be compact spaces.

D. Driveways shall be located to preserve as much on-street curbside parking as possible. Driveways and other improvements on the property shall be designed for safe and unobstructed visibility of pedestrians and automobile traffic both on and off the site.

E. The following standards apply to the design of surface parking in addition to those required by subsections (A), (B), (C), and (D) of this section.

1. Surface parking spaces shall not be constructed within required set back areas in the RC district. Portions of rear or side setback areas may be used for back-up movements as long as the majority of the setback is landscaped.

F. The following standards apply to underground parking garages in addition to those required by subsections (A), (B), (C), and (D) of this section.

1. The maximum height of the finished floor level above an underground parking garage facing any public street, way, place or park, shall not be higher than five feet above the existing grade or the official street grade, whichever measurement results in the lower height.

2. Underground parking garages may be constructed within required setbacks if significant trees will not be removed or injured and the setback can still be effectively landscaped. Underground garage designs shall provide sufficient room around the perimeter to accommodate existing and new tree root systems for all trees required as part of the project.

3. The grade of driveways providing access to underground garages shall not exceed five percent in the first 10 feet of the driveway slope near the street or sidewalk and shall not exceed 10 percent in the last 10 feet near the level of the garage floor. The intervening grade shall not exceed 25 percent. Driveway designs shall provide sufficient area to allow drivers to view automobile and pedestrian traffic before merging into such traffic.

4. Garages shall be ventilated to avoid the build-up of exhaust gases. When mechanical ventilation is used, noise mitigation measure shall be incorporated such as low-noise fans, insulated ductwork and vibration absorbing mounting systems. Ducts shall not exhaust toward any building openings or open space on any adjoining property nor toward any on-site or off-site open space, pathway, street, place or park accessible to the public. Venting to the roof is generally preferred. Plans for underground garages shall be reviewed to ensure accessibility for Police and Fire Department personnel during emergencies. To the extent possible, utility meters, vaults and connections should be located within garages or driveways and away from pedestrian walking surfaces.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)

§ 17.14.220 Special Design Topics.

A. Facade Remodels. When facades are remodeled, the adopted commercial design guidelines shall be followed so that the basic design framework of the commercial district is conserved. On buildings where consistency of architectural character has been lost through past actions the preferred design solution is to restore or establish a consistent character. In general, each building should reflect a single type of architecture expressed through consistent use of fenestration, detailing, materials and textures, body color, trim color, awnings and roofs regardless of how many businesses occupy the building. The City strongly encourages the participation of both the property owner and tenant/applicant in the design review process to achieve this end. When plans for remodels are reviewed for approval, the reviewing body must find the following to be true:

1. The proposed modification contributes to, restores or achieves consistency of architectural character and scale when considering the building or courtyard as a whole.

2. The proposed modification does not incorporate materials, patterns or other design elements that would:

a. Call attention to the building.

b. Create a form of advertising or sign through architectural treatment.

c. Would render the storefront unusable by a different business occupant without further remodeling.

d. Create a standardized identification with a particular business use.

B. Roofing Materials.

1. Roofing materials shall be selected that are consistent with the design character of the buildings on which they are placed. Roofing materials should be consistent in color and composition on each roof plane of the building and on the roofs of each building within a single complex or courtyard.

2. All newly installed roofs shall be of noncombustible Class-A materials. Buildings determined by the City to qualify as historic resources may use fire treated wood roofing materials with a fire resistant underlayment assembly approved by the Building Official to meet standards for historic rehabilitation.

3. The Planning Commission may, by resolution, establish a palette of pre-approved roofing materials that shall be used for administrative design review.

4. For existing roofs that do not comply with City design standards, repairs may be made using materials that match the existing roof if no more than 25 percent of the roof area is replaced on the building within any 12-month period. If the roof area replaced exceeds 25 percent of the total roof area on a building the work shall be considered a replacement and shall meet all current design standards.

C. Concealment of Rooftop Equipment.

1. Design Review. Rooftop mechanical equipment such as, but not limited to, heating, cooling and ventilation system equipment shall be concealed from public view. When visible, the enclosures and location of such equipment are subject to design review. Existing rooftop mechanical equipment shall be concealed or relocated out of view whenever a roof is replaced as defined in subsection (B)(4) of this section and when equipment is upgraded or replaced to any extent that requires issuance of a building permit.

2. Standards for Review. Rooftop mechanical equipment shall be restricted or shielded from view from the public right-of-way and from adjoining structures by one or more of the following means:

a. Located on a portion of the rooftop that is not visible to the public.

b. Located behind roof forms, parapets or screens that are compatible with the architectural character of the structure.

D. Design Regulations for Exterior Seating Associated with a Restaurant. The following standards shall be used in reviewing proposals for exterior restaurant seating:

1. The proposal shall not result in a net increase in seating capacity.

2. The seating area shall not occupy more than 10 percent of the site area nor more than 30 percent of any courtyard.

3. The area in which the seating is proposed shall be fully contained on private property and shall not interfere with automobile or pedestrian traffic on any public right-of-way or through any intra-block walkway.

4. The seating area shall be demarcated by landscaping or other site features to clearly define its outer boundaries. The boundaries shall be established to preserve a sense of openness and ease of access for pedestrian traffic. (See Appendix E[1]: Commercial Design Guidelines).

[1] Code reviser's note: The appendices to this title are published under separate cover and available for public review and examination in the office of the city clerk.

5. Outdoor seating areas which allow visual contact and incidental communication between patrons and passersby are encouraged.

6. Physical structures that enhance comfort such as windscreens, heaters, and exterior lighting shall be shielded from view from the public right-of-way and from intra-block walkways or shall be designed to be architecturally compatible with the village character and the adjacent buildings. (See Appendix E: Commercial Design Guidelines.)

7. Hours of service to outside seating areas shall be regulated through appropriate conditions of approval to prevent impacts on uses in the vicinity.

E. Standards for Display Cases. Except as otherwise provided in CMC § 17.40.030, Commercial District Signage, for restaurant menu boxes, a display case shall meet the following standards and criteria:

1. The size and scale shall be appropriate to the surroundings and shall be designed and fabricated so as to be compatible with surrounding architecture.

2. It shall contain no more than one sign not exceeding 0.18 square feet in area (except for a menu sign) which serves to identify the owner of the display case and directs the public to the store where the merchandise is sold.

3. It shall be located on the same property as the business or courtyard to which the display case applies and shall not impede the flow of pedestrian movement.

4. It shall contain merchandise which is representative of products for sale in the business premises, excluding display of wares of another business elsewhere or merchandise not available in the store to which the display case applies.

F. Antennas. All antenna installations must be reviewed and approved through the commercial design review procedures. Except as provided in Chapter 17.46 CMC, Telecommunications and Wireless Facilities, antennas located in any commercial land use district shall conform to the following standards:

1. All ground-mounted antennas shall be required to maintain their supporting structures at least three feet from any property line.

2. All ground-mounted antennas shall be screened by walls, color, fences or landscaping. Landscaping shall be of a type and variety capable of growing within one year to a landscape screen, which obscures the visibility of the antenna. The landscaping plan shall be approved by the City Forester before it is implemented.

3. No part of any antenna shall be higher than the maximum height allowed in the underlying land use district.

4. A maximum of one antenna shall be allowed on a building site.

5. All roof-mounted antennas are prohibited except as provided in CMC § 17.46.030(B), general development standards.

G. Exterior Flags. The installation of national and State flags can be an attractive and patriotic addition to the community. However, inappropriate installations can create visual clutter and a poor design relationship with surrounding buildings and can obstruct commercial signage.

1. Each building site shall be authorized to install two flags.

2. Each flag shall be limited in size to 36 inches by 60 inches or smaller. Flags displayed flush against a vertical building surface are limited to 24 inches by 36 inches or smaller.

3. Flags shall be made of woven cloth, nylon or similar fabric. Flags shall be maintained in a clean, unmodified and untorn condition.

4. Each flag shall be mounted so as not to touch anything beneath it including the ground, floor, water, merchandise, building elements, vegetation or pedestrians. All portions of each flag shall maintain a minimum clearance of seven feet above any publicly accessible walkway.

5. Flags shall be mounted at a height not exceeding 18 feet above the nearest grade or adjacent walkway at any floor level. Flags mounted on a building shall not be higher than the adjacent roof eave at any point.

6. Flags shall not be placed where they would obstruct direct view of nearby business signs by pedestrians on adjacent sidewalks and walkways.

7. Flags shall be mounted in one of the following ways:

a. At an upward angle of at least 30 degrees from horizontal by a staff attached to a vertical building surface (wall, post, etc.) so as to allow the flag(s) to hang free; or

b. Flat against a wall or window of a building such that the short dimension of the flag forms a horizontal line and the long dimension of the flag hangs down vertically; or

c. From a freestanding pole of not more than 18 feet in height and of a natural color or painted in a nonmetallic and nonreflective color to blend with the hues found on adjacent buildings.

(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2023-06 § 3, 2023)

§ 17.14.230 Affordable Housing.

A. Affordable Housing Projects. Projects located in the residential and limited commercial (RC) and multifamily (R-4) districts that comply with the following requirements shall be eligible for, and subject to, the standards of this section:

1. The project includes no land uses other than residential housing; and

2. The project supplies at least three independent residential units; and

3. All residential housing units qualify as housing for low-income or very low-income individuals or families, as defined in Chapter 17.70 CMC; and

4. The project site is 8,000 square feet or less.

B. Review. Design review shall proceed pursuant to Chapter 17.58 CMC. All applications require the approval of a conditional use permit and design review by the Planning Commission. The basic standards for review shall be the standards of this section, including the standards contained in Chapter 17.12 CMC, this chapter, the City's adopted design guidelines, and the relationship of new construction with surrounding development. Projects or exceptions granted that involve substantial (major) alteration of historic resources shall require issuance of a determination of consistency with the Secretary of the Interior's standards by the Historic Resources Board.

C. Development Standards. New development shall comply with the standards applicable to the underlying zoning district of the site except as provided in this section. Due to the overall public benefit of affordable housing, the Planning Commission may allow exceptions to the following development standard in order to provide for increased flexibility in design:

1. Density (not to exceed 88 units per acre).

D. Special Requirements. For all projects that exceed five units, the following two amenities are required:

1. Laundry facility or facilities must be provided on site. This requirement can be met by a laundry facility shared in common or with individual facilities in each unit.

2. A common community room(s) totaling at least 250 square feet in size shall be provided on site.

E. Land Use Requirements. New developments which qualified the applicant for the award of the density bonus pursuant to this title shall be offered for rent at affordable rates as defined in Chapter 17.70 CMC, for a period of 30 years or longer if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. The City shall ensure continued affordability and protection of all low- and very low-income units via a written agreement, deed restriction, or housing easement granted to an appropriate public or quasi-public agency involved in affordable housing programs. Easements, agreements, or deed restrictions shall be approved prior to commencement of construction and recorded prior to sale or occupancy.

(Ord. 2007-03, 2007; Ord. 2009-02, 2009)

§ 17.14.240 Medical Marijuana.

Repealed by Ord. 2017-09.

(Ord. 2016-03 § 3, 2016)