City of Carmel-by-the-Sea, CA Article III Park Overlay District

§ 17.20.070 Specific Purposes.

The specific purposes of the park overlay district are to implement the General Plan/Coastal Plan Land Use Plan and to ensure that development of private property adjacent to parks and open spaces is compatible with their continued enjoyment. It is the intent of these regulations to protect park resources from the visual and physical impacts that may be associated with development of private property near designated parklands, to enhance the public enjoyment of parks and to preserve the habitat values of parks.

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

§ 17.20.080 Boundaries of the Park Overlay District.

The boundaries of the PO district are shown schematically on Figures III-7 through III-10. A definitive listing of all properties affected is included with each figure.

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

§ 17.20.090 Minimum Standards.

The following standards regulating construction activity and use shall apply to all building sites located in the park overlay district. The provisions of the park overlay district shall be coordinated with the ESHA overlay district whenever a property is located within both overlay districts.

A. The site design must include a drainage plan that is adequate to prevent erosion and excess runoff as determined by the Building Official. The site shall be connected to the sanitary sewer system.

B. No tree shall be removed within the park overlay district without written approval from the City Forester regardless of whether the removal is associated with construction activities.

C. All proposed construction must maintain a setback of at least 15 feet from any property line that also constitutes a park boundary. However, this special setback shall not apply to property across the street from a park. The Planning Commission may modify other setbacks through the design review process to provide flexibility for properties unreasonably restricted by this required park setback.

D. When any construction activity is proposed on a site in the park overlay district, the site design shall include a landscaping plan in accordance with Chapter 17.34 CMC, Landscaping.

Figure III-7 Forest Hill Park

Forest Hill Park Overlay: Those building sites that include all or portions of the following lots:

Block	Lots
5 1/2	9, 11, 13, 15, 17 and 19 fronting on Junipero Avenue
7	Those portions of Lots 1, 2, 4, 6, 8, and 10 fronting on Camino Del Monte
7 1/2	19 fronting on Mission Street
8	1, 3, 5, 7, 9, 11, 13, 15, 17, 18, 19, all of 20 fronting on Junipero or First Avenues
11	All odd-numbered lots fronting on Mission Street
13	1, 2, 4, 6, 8, 10, 11, 12, 14, 16, 18, 20, 21, 22, 24 and 26 fronting on Junipero Avenue
26	1, 2, and 4 fronting on Junipero Avenue
27	1, 2, 3, 4, 5, 6, 7 and 8 fronting on Camino Del Monte
28	1 and 3 fronting on Mission Street

Figure III-8 Mission Train Nature Preserve

Mission Trails Nature Preserve Overlay: Those building sites that include all or portions of the following lots:

Block	Lots
4 (Paradise Park)	5
104	All lots contiguous with Mission Trail Nature Preserve
128	All lots contiguous with Mission Trail Nature Preserve

Figure III-9 Mission Trail Nature Preserve

Mission Trails Nature Preserve: Those building sites that include all or portions of the following lots:

Block	Lots
Walker Tract 1, 3 (Ridgewood Road)	5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 contiguous with Mission Trail Nature Preserve
Walker Tract 2, 4 (Ladera Drive)	1, 2, 3, 5, 6, 7, 8, 9, 16, and 17 contiguous with or across the street from Mission Trail Nature Preserve
Carmel Mission (U. S. Lots 38 and 39)	All lots across the street from Mission Trail Nature Preserve

Figure III-10 Forest Theater Park

Forest Theater Park Overlay: Those building sites that include all or portions of the following lots:

Block	Lots
81	21, 23, 25, and 26 fronting on Santa Rita Street
82	19, 20 abutting Forest Theater Park
83	9 fronting on Guadalupe Street
84	All even-numbered lots fronting on Guadalupe Street
86	1 fronting on Mountain View Avenue
101	1 adjacent to Mountain View Avenue
102	1 adjacent to Mountain View Avenue
103	2 adjacent to Mountain View Avenue

(Amended during 8/09 update; Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004)

§ 17.20.100 Required Planning Commission Review.

In addition to any other reviews required by this code, the following types of projects in the park overlay district shall require Planning Commission review:

A. Projects located on nonrectangular building sites for which the Commission has not established setbacks during prior approvals;

B. Projects located on building sites larger than 8,000 square feet in area for which the Commission has not established setbacks during prior approvals and/or which do not qualify for administrative design review (track one) approval;

C. Projects of more than one story and/or taller than 18 feet in height;

D. Projects involving construction of a new dwelling unit or demolition of an existing dwelling unit; and

E. Projects that, in the opinion of the Director of Community Planning and Building, represents a substantial deviation from standard design and construction practices in the neighborhood and is not addressed by these regulations or which otherwise may be inconsistent with the purposes of this district or the General Plan.

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

§ 17.20.110 Review Criteria.

Proposed projects requiring Planning Commission review as established in CMC § 17.20.100 shall require approval through the track two design study process (see Chapter 17.58 CMC, Design Review), using the following standards prior to the issuance of any building permits.

A. Projects Exceeding the Limits on Number of Stories and/or Height. The Planning Commission may grant approval of:

1. A second story;

2. An increase in building height up to a maximum of 24 feet; and

3. Approvals granted under this section shall not violate any height limits established for the property by the underlying zoning district or any other overlay districts. In granting approval for these increases, the Commission shall make the following findings:

a. That due to the topography of the site relative to the adjoining park or open space land, the proposed building would not exceed the height or bulk of an 18-foot one-story structure built on a site at the same grade as the adjoining park or that topography and height are irrelevant because of the location of the building on the site avoids view of the buildings from the park.

b. That those portions of the building visible from the park will exhibit a human scale and residential character through the use of simple building forms and natural materials that will not detract from the enjoyment of the park or open space by the public.

B. Projects Requiring Modified Setback Standards. Through the track two design study process, the Planning Commission may approve an adjustment of setbacks on park overlay district properties from those normally required in order to preserve equity in the amount of buildable area on a lot after application of the 15-foot setback from park boundaries required by CMC § 17.20.090, Minimum Standards. Sites with a side lot line adjacent to parklands that cannot obtain a satisfactory modification of setbacks through this procedure may apply for a variance to reduce the width of the 15-foot setback from the park boundary. In granting requests for modified setbacks, the Planning Commission shall make the findings listed below.

1. That the total area of all setbacks is approximately equal to the area of the lot that would be contained in setbacks if the increased setback from the park established in CMC § 17.20.090, Minimum Standards, were applied.

2. That a minimum width of at least three feet will be maintained for the full length of all setbacks.

3. That by reducing any setbacks, the proposed structure will not interfere with safe access to other properties in the neighborhood or otherwise result in damage or injury to the use of other adjoining properties.

4. That structures proposed for construction within reduced setback areas will be compatible with the residential character of the neighborhood and will exhibit a human scale without excessive building bulk or visual mass.

C. Projects on Irregularly Shaped Lots or Lots Larger Than 8,000 Square Feet. On those lots that are irregular in shape or that exceed 8,000 square feet in area, the Planning Commission shall establish setbacks that are appropriate for the property and that are consistent with the purposes of the PO district. Where a large lot size creates an opportunity to establish significantly increased setbacks from adjoining parklands, and the topography or shape of the site allow sufficient area to build away from the park, the Planning Commission may designate larger setbacks for the property that preserve an open space buffer adjacent to the park while providing a reasonable area to build elsewhere on the property.

D. In designating these setbacks the Commission must adopt the findings listed in subsection (B) of this section and the following findings:

1. That the proposed setbacks afford maximum protection for the adjoining parklands for the benefit of the public while still accommodating reasonable development of the property.

2. That the proposed setbacks are designated on an approved plan attached to the permit or on a scenic easement for purposes of documentation and recordation.

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