The purpose of the beach and riparian overlay district is to provide review standards applicable to public and private property development located near public beach lands to ensure that proposed development is compatible with the public enjoyment of the City's coastal resources and with the California Coastal Act.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
The regulations of this article shall apply in the beach and riparian overlay district. The beach overlay district is an overlay district, which may be combined with any of the other districts specified in the municipal code. The provisions of the beach and riparian overlay district shall be coordinated with the ESHA overlay district whenever a property is located within both overlay districts. The regulations of this article shall apply in addition to the regulations of any district with which the beach and riparian overlay district is combined. In the event of any perceived conflict between the provisions of this article and any other provision of these regulations, this article shall control.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
The beach and riparian overlay district shall be coterminous with the California Coastal Commission's coastal development permit appeal jurisdiction and shall include all public and private property, wholly or in part, within the boundaries of the appeal jurisdiction described in CMC § 17.54.020. The boundaries of the beach and riparian overlay district are shown schematically on the official zoning map maintained by the Planning Director.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
Unless exempted by CMC § 17.52.100, Development Excluded from Coastal Permit Requirements, all new development, as defined by Chapter 17.70 CMC, shall require a coastal development permit, in addition to any other permit(s) required by law. Development undertaken pursuant to such a permit shall conform to the plans, specifications, terms and conditions approved in granting the permit. Notice, hearing and appeal procedures shall be established in Chapter 17.52 CMC, Permit Procedures, and Chapter 17.54 CMC, Appeals.
Figure III-11 Carmel Beach and Riparian Overlay District
(Figure to be provided by the California Coastal Commission)
Figure III-12 Carmel Beach and Riparian Overlay District
(Figure to be provided by the California Coastal Commission)
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
The following standards shall be used by decision-making bodies in approving or denying a coastal development permit in the beach and riparian overlay district. The regulations in subsection (A) of this section apply to all properties in the overlay district. The regulations in subsection (B) of this section apply to only those properties in the overlay district located west of Carmelo or North San Antonio Avenue. No building permit for any development, as defined in Chapter 17.70 CMC, including but not limited to new construction, additions, exterior alterations or change in land use shall be approved unless a coastal development permit is approved taking into consideration all of the following as may be appropriate to the scope of the project.
A. 
Regulations Applicable to All Properties in the Overlay District.
1. 
View Protection. Permitted development shall be sited and designed to protect public views to and along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, to be visually compatible with the character of the surrounding areas, and where feasible, to restore and enhance visual quality in visually degraded areas, while ensuring the private property owner reasonable development of the land.
2. 
Location. All development shall be located and designed to avoid conflict with recreational use of any adjacent public property or conflict with coastal resources.
3. 
Design Compatibility. All development shall be compatible in design with existing buildings in the area for the purpose of protecting the neighborhood character and consistent with the R‑1 design guidelines established in CMC § 17.10.010.
4. 
Review of City Needs. The property has been reviewed for potential acquisition and the review indicated the City has no need to acquire the property.
5. 
Utilities. All utilities connecting the development to the source in the public rights-of-way shall be placed underground.
6. 
Sewer Services. The property shall be connected to the sanitary sewer system upon issuance of the permit. Alternatively, the Planning Commission may authorize an area-wide agreement among several adjacent properties (executed through no-protest agreements) for future connection to the sanitary sewer if the infrastructure for a single connection would place an undue burden on a single property owner.
7. 
Drainage. A drainage system shall be provided for all new development to minimize erosion, minimize runoff, and to infiltrate and filter stormwater prior to conveyance off-site.
8. 
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 beach and riparian overlay district. Where a large lot size creates an opportunity to establish significantly increased setbacks from adjoining beach lands, and the topography or shape of the site allow sufficient area to build away from the beach, the Planning Commission may designate larger setbacks for the property that preserve an open space buffer adjacent to the beach while providing a reasonable area to build elsewhere on the property.
B. 
Regulations Applicable to Properties in the Overlay District Located West of Carmelo Street or North San Antonio Avenue.
1. 
Access. Development shall not interfere with the public's right of access to the sea. Potential public right of access shall be reviewed on the property and, where appropriate, made a condition in the permit.
2. 
Subdivision Limitations. No further subdivision shall be approved within the beach and riparian overlay district. No lot line adjustments shall be approved that would result in a net increase in potential building sites.
3. 
Height. All proposed construction shall be limited to a height of 18 feet above the existing grade or finished grade whichever results in a lower height.
4. 
Open Space. On sites adjacent to the beach all buildings shall be located to preserve maximum open space on the site as viewed from the beach. Generally, a setback of at least 15 feet shall be maintained along any property line facing the beach. The Planning Commission may at its discretion reduce any required rear, side or front yard to not less than three feet so as to preserve maximum open space on the site adjacent to the beach for public benefit.
5. 
Tree Removal. No tree shall be removed within the beach and riparian overlay district without written approval from the City Forester regardless of whether the removal is associated with construction activities. Trees on City property shall be trimmed and/or removed only by City tree crews or under the supervision of the City Forester. Removal of dead cypress trees on City property in this district shall require approval by the Forest and Beach Commission. When any construction activity is proposed on a site in the beach and riparian overlay district, the site design shall include a landscaping plan consistent with the provisions of Chapter 17.34 CMC, Landscaping.
6. 
Prohibition on Private Development Needing Protection. Except as provided in CMC § 17.20.190(C), new development shall not be approved where geologic evidence concludes that shoreline protective structures will be necessary to protect the new development at the time of construction, or within 100 years of development.
7. 
Public Structures. Stairs, retaining walls, fences, pipelines, and similar public or quasi-public facilities located on coastal bluffs shall require a coastal development permit.
8. 
Parking. On sites of 6,000 square feet or greater, two on-site parking spaces per primary dwelling unit shall be provided for all new residential development in the beach and riparian overlay district. One of these spaces may be established as an uncovered tandem space within the front or side yard setback located on the driveway in front of a garage or carport or elsewhere on the property where parking is allowed by the underlying zoning district.
9. 
Setbacks. Private development proposed on ocean-fronting parcels shall comply with the setback requirements of the applicable primary zoning district, except where a lot line is adjacent to a coastal bluff or sand dunes, or where public access and/or recreational areas are required in compliance with these regulations. Proposed private developments shall be set back from the top of the bluff or adjacent sand dunes as provided by this subsection.
a. 
Bluff Retreat Setback Requirements. New structures shall be set back a sufficient distance from any bluff top to be safe from bluff erosion for a minimum of 100 years as determined by a site-specific geology report, prepared in compliance with CMC § 17.20.170(B), Geology Report; provided, that in no case shall the minimum setback be less than 25 feet.
b. 
Use of Bluff Retreat Setbacks. No development except public access pathways, public restrooms, stairways and associated public recreational or infrastructure facilities shall be permitted within the bluff retreat setbacks identified in site-specific geologic reports.
c. 
Dune, Access and Recreational Area Setbacks. Additional bluff top and/or dune setbacks may be required in compliance with Local Coastal Plan policies to establish a buffer from natural sand dune areas, to reduce visual intrusion on adjacent recreational areas or to accommodate public access and enjoyment of adjacent recreational areas. (See also CMC § 17.20.180, Public Access).
10. 
Findings Required. In designating beach and riparian overlay district setbacks for private property the Commission shall adopt the following findings:
a. 
That the combined area contained within all setbacks is at least equal to the area of the lot that would be included within setbacks if the special beach setback established in subsection (B)(9) of this section were applied (i.e., achieving no net loss of setback area).
b. 
That a minimum width of at least three feet will be maintained for the full length of all setbacks.
c. 
That by reducing any setbacks the proposed structure will not interfere with safe access to other properties in the neighborhood or otherwise result in damage or injury to the use of other adjoining properties.
d. 
That structures proposed for construction within reduced setback areas will be compatible with the residential character of the neighborhood and will exhibit a human scale without excessive building bulk or visual mass.
e. 
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.
f. 
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)
Permit applications for development on ocean-fronting parcels shall include the following information where applicable, in addition to all the information required by Chapter 17.52 CMC, Permit Procedures.
A. 
Erosion Control Plan. All development permit applications involving substantial alterations to existing buildings or site design, or construction of new buildings on ocean-fronting parcels shall include a site-specific erosion control plan. The plan shall be prepared by a registered engineer qualified in hydrology and soil mechanics, and shall ensure that the development will not contribute to the erosion or failure of any bluff face, and will eliminate or mitigate any adverse impacts on local shoreline sand supply to the maximum extent feasible. New development that (1) increases site coverage by more than two percent of the site area, or (2) involves grading that will affect drainage patterns on or off-site, or (3) involves either a rebuild demolition or construction of a new building or shoreline structure shall include a site specific erosion control plan that includes controls on grading (i.e., timing and amounts), best management practices for staging, storage, and disposal of construction materials, design specifications of sedimentation basins, and landscaping/revegetation of graded or disturbed areas. New development shall further include a site-specific polluted runoff control plan that demonstrates how runoff will be diverted from impermeable surfaces onto permeable areas of the property in a nonerosive manner to filter and infiltrate stormwater prior to conveyance off-site.
B. 
Geology Report. A geology report shall be required when structures are proposed within an area between the face of the bluff, and a line described on the bluff top by the intersection of a plane inclined at a 20-degree angle from horizontal, passing through the toe of the bluff or cliff, or 50 feet inland from the bluff top, whichever is greater.
C. 
Preparation and Contents of Geology Report. A required geology report shall be prepared by a qualified, licensed engineer approved by the City, and shall be submitted with the permit application for the proposed structure. The report shall consider, describe, and analyze the following:
1. 
Cliff geometry and site topography, extending the surveying work beyond the site as needed to depict unusual geomorphic conditions that might affect the site;
2. 
Historic, current, and foreseeable cliff erosion, including investigation of recorded land surveys and tax assessment records in addition to the use of historic maps and photographs where available, and possible changes in shore configuration and sand transport;
3. 
Geologic conditions, including soil, sediment, and rock types and characteristics, in addition to structural features such as bedding, joints, and faults;
4. 
Evidence of past or potential landslide conditions, the implications of such conditions for the proposed development, and the potential effects of the development on landslide activity;
5. 
Impact of construction activity on the stability of the site and adjacent area;
6. 
Ground and surface water conditions and variations, including hydrologic changes caused by the development (e.g., introduction of sewage, effluent, and irrigation water to the groundwater system, alterations to surface drainage, and the like);
7. 
Potential erodibility of the site and mitigation measures to be used to ensure minimized erosion problems before and after construction (i.e., landscape and drainage design);
8. 
Effects of marine erosion on the coastal bluffs;
9. 
Potential effects of seismic forces resulting from a maximum credible earthquake; and
10. 
Any other factors that might affect slope or bluff stability.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
This section establishes requirements for the dedication and improvement of public access to, and along the coast, in conjunction with proposed development and new land uses in order to ensure public rights of access to the coast are protected as guaranteed by the California Constitution. Coastal access standards established by this section also satisfy the California Coastal Act.
A. 
Protection of Existing Coastal Access. Development may not interfere with public rights of access to the sea where the rights were acquired through use or legislative authorization. Public access rights may include but are not limited to the use of dry sand and rocky beaches to the first line of terrestrial vegetation. Development shall not interfere with the public's right of access to the sea by eliminating free public beach parking along Scenic Road, the Del Mar parking lot, and San Antonio from 2nd Avenue to Santa Lucia Avenue, or any street rights-of-way west of San Antonio.
B. 
Access Dedication Requirements. Proposed development and new land uses located between the ocean and the first public road may be required to provide vertical (perpendicular) access from the public road to bluff and beach areas, and lateral access along the beach, shoreline and bluff tops, where the review authority first makes specific findings documenting the need for additional public access on and/or through the site, and the relationship of the required dedication to the impacts on existing access, or needs for additional access created by the project.
C. 
Timing of Access Requirements. The type and extent of access to be dedicated, and/or constructed and maintained, as well as the method by which its continuing availability for public use is to be guaranteed, shall be established at the time of land use permit approval, as provided by this section.
1. 
Dedication. Shall occur before issuance of construction permits or the start of any construction activity not requiring a permit.
2. 
Construction of Improvements. Shall occur at the same time as construction of the approved development, unless another time is established through conditions of land use permit approval.
3. 
Interference with Public Use Prohibited. Following an offer to dedicate public access pursuant to this section; the property owner shall not interfere with use by the public of the areas subject to the offer before and after acceptance by the responsible entity.
D. 
Access Title and Guarantee. Where public coastal accessways are required by this section, approval of a subdivision, or land use permit for new development shall require guarantee of the access through deed restriction, or dedication of right-of-way or easement. Before approval of a land use permit or subdivision, the method and form of the access guarantee shall be approved by City Attorney, and shall be recorded in the office of the County Recorder, identifying the precise location and area to be set aside for public access. The method of access guarantee shall be chosen according to the following criteria:
1. 
Deed Restriction. Shall be used only where an owner, association or corporation agrees to assume responsibility for maintenance of and liability for the public access area, subject to approval by the Director.
2. 
Grant of Fee Interest or Easement. Shall be used when a public agency or private organization approved by the Planning Director is willing to assume ownership, maintenance and liability for the access.
3. 
Offer of Dedication. Shall be used when no public agency, private organization or individual is willing to accept fee interest or easement for accessway maintenance and liability. These offers shall not be accepted until maintenance responsibility and liability is established.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
A. 
Erosion Control. Proposed bluff top development shall be designed and constructed to incorporate appropriate erosion control measures, in compliance with the City's grading standards.
B. 
Drainage Devices. New drainage devices extending over the bluff face shall not be permitted. Repair and maintenance shall be allowed for existing devices serving existing facilities. Construction of new dwellings and demolition of existing dwellings shall require abatement of existing private drainage devices that extend over the bluff face and all excess drainage shall be diverted from impermeable surfaces onto permeable areas of the property in a nonerosive manner to filter and infiltrate stormwater prior to conveyance to the City's municipal drainage facilities. All new drainage structures shall be constructed so that drainage water will not spill over or onto the bluff face.
C. 
Shoreline Protective Structures. Shoreline protective structures may be permitted only when the review authority determines that the structure is:
1. 
Necessary to protect existing structures, coastal-dependent uses, public beaches, public access and beach facilities in danger of erosion;
2. 
The least environmentally damaging feasible alternative;
3. 
Designed to successfully eliminate or mitigate adverse impacts on local shoreline and sand supply;
4. 
Designed to avoid significant intertidal or subtidal areas;
5. 
Designed to avoid, or minimize if avoidance is infeasible, impacts on beach access; and
6. 
Designed to respect natural landforms and minimize visual impact to the extent possible, through means including the use of structures, colors and materials that are visually compatible to those already established.
D. 
Structures on Sandy Beach. No permanent structures shall be permitted on the dry sandy beach except facilities necessary for public health and safety.
E. 
Shoreline Armoring Maintenance and Monitoring.
1. 
Monitoring. The permittee shall ensure that the condition and performance of existing seawalls and revetments are regularly monitored by a licensed civil engineer with experience in coastal structures and processes. Such monitoring evaluation shall at a minimum address whether any significant weathering or damage has occurred that would adversely impact its future performance, and identify any structural damage requiring repair to maintain the as-built revetment profile.
2. 
Reports. At a minimum, annual monitoring reports shall be prepared by a licensed civil engineer with experience in coastal structures and processes and shall contain recommendations, if any, for necessary maintenance, repair, changes or modifications to the existing revetment or the bedrock benches adjacent to and below it. All monitoring reports shall include photos of the structures and surrounding areas taken during low sand elevations in the winter months.
3. 
Maintenance Activities. It is the permittee's responsibility to maintain any shoreline armoring structures and all irrigation, drainage, and vegetation in a structurally sound manner and its approved state until such a time that the seawalls and/or revetments are removed or replaced. At a minimum, the permittee shall:
a. 
Rock Retrieval. Any armor rocks that move seaward of the as-built seawall and/or revetments shall be immediately retrieved and either: (1) restacked within the approved rock slope profile inland of the seawall; or (2) removed off the beach to a suitable disposal location. Any existing rock retrieved in this manner shall be recovered by excavation equipment positioned landward of the waterline (i.e., excavator equipment with mechanical extension arms).
b. 
Debris Removal. The permittee shall remove all materials and/or debris that may fall from the bluff top area inland of the seawall onto the beach below.
c. 
Landscaping and Drainage Maintenance. The permittee shall maintain all upper bluff drainage, vegetation, and/or irrigation elements above seawalls and/or revetments.
F. 
Shoreline Armoring Alternatives Analysis. Applicants shall submit a complete evaluation of a reasonable range of potential alternatives including (1) project alternatives that will avoid the need for armoring, including, but not limited to, relocation of the threatened (infra)structure(s) away from danger, (2) various armor solutions (e.g., vertical seawalls), (3) "soft" options, and (4) the "no project" alternative. The evaluation shall identify the environmentally least damaging feasible alternative that provides effective protection of existing development and minimizes impacts on public access, recreation, scenic resources, and sand supply.
G. 
Shoreline Armoring Construction Plan. Applicants shall submit a construction plan that identifies the specific location of all construction areas, all staging areas, and all construction access corridors in site plan view. Construction and staging zones shall be limited to the minimum area required to implement the approved project, and to minimize construction encroachment on the beach and intertidal areas, among other ways by using bluff top areas for staging and storing construction equipment and materials. The construction plan shall also identify the type and location of erosion control/water quality best management practices that will be implemented during construction to protect coastal water quality.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)
The following regulations apply in the beach overlay district.
A. 
Riding on Beach. Equestrians are allowed on the beach without restriction.
B. 
Dogs on Public Beach and Park Land. It is unlawful for the owner or person having charge of any dog to permit the dog to run at large on any City-owned beach lands or on any City-owned park lands unless the owner or person having charge is also present and in control of the dog at such time as it is running loose.
C. 
Dogs on Scenic Road and the Beach Bluff Pathway. On Scenic Road from its eastern property edge to the base of the beach embankment between Eighth Avenue and the south City limits, all dogs and other animals shall be deemed running at large within the meaning of this chapter unless led or restrained by a chain, strap, or cord attached to their collars or harness that is actually held by a person or made fast to a stationary object.
D. 
Location and Time Limits on Beach Fires. No person, firm, corporation or other entity shall build, light, maintain, cause or permit to be built, lighted or maintained any open or outdoor fire on any public beach designated by the City after the hour of 10:00 p.m. No fires shall be permitted at any time on the slopes leading thereto within the City. This prohibition is applicable to all that beach and slope area lying west of Scenic Road and south of Ocean Avenue to the southern City boundary. No fires shall be permitted at any time on all that beach and slope area lying west of San Antonio from Ocean Avenue to the northern City boundary. The prohibition against all fires on all the beach that lies at or below the high tide line shall extend from 10:00 p.m. on the day it commences until 7:00 a.m. the following day.
E. 
Recreational Fires on Carmel Beach. All fires on Carmel Beach shall meet the following requirements:
1. 
Beach fires shall be used for cooking or warmth and shall be located on that part of the City beach property which lies south of an extension of the center line of Tenth Avenue and west of a line reached by the high tide; provided, that all of the following conditions are met:
a. 
The base of the fire shall be defined as the level at which the lowest burnable material or ash is located, and it shall be on the beach sand unless the fire is in a hibachi, charcoal grill or other like receptacle, in which case the base shall be a horizontal plane touched by the lowest burning material.
b. 
The burnable material used in the fire shall not extend more than two feet above the base of the fire.
c. 
Flames from the fire shall not extend into the air more than five feet from the base of the burnable material in the fire.
d. 
The longest horizontal straight-line distance through the base of the fire shall not exceed four feet.
e. 
Flammable liquids other than charcoal starter shall not be used in any manner in connection with starting or maintaining the fire.
f. 
No fire shall be built, lit, or maintained on any slope or within 25 feet of any wall, vegetation or combustible material not intended to be used in the fire.
g. 
All flammable coals, embers or burning material shall be extinguished with sea water by the person or persons building, lighting or maintaining the fire prior to said person or persons leaving the beach.
h. 
The extinguished remains of all fires shall be left exposed and not covered with sand.
i. 
Building, lighting, maintaining or causing or permitting to build light or maintain a fire in violation of any of the above conditions shall be an infraction.
j. 
Penalties. Any person who shall violate any of the provisions of this chapter that necessitates the response of the Fire Department shall be guilty of an infraction punishable by a fine of not more than $50.00 per hour or portion thereof, not to exceed $500.00.
F. 
Alcohol Prohibited on Public Beaches After 10:00 p.m. No person may serve, possess or consume alcoholic beverages of any kind on the public beach or slopes leading thereto in the City after the hour of 10:00 p.m. This prohibition is applicable to the entire beach and slope area lying west of San Antonio Avenue as it extends to the north from Ocean Avenue, to the northern City boundary and west of Scenic Road, from Ocean Avenue to the southern City boundary. This prohibition against the possession or consumption of alcoholic beverages shall extend from 10:00 p.m. on the day it commences until 7:00 a.m. the following day.
G. 
Skateboarding on Scenic Road and the Accessways Leading Thereto. It is unlawful for any person to ride, use or operate any skateboard, bellyboard, coaster, skatewheeled coaster or similar contrivances upon Scenic Road between Eighth Avenue and Santa Lucia or upon the following accessways leading to Scenic Road from the western edge of San Antonio Street: Eighth Avenue, Ninth Avenue, Tenth Avenue, Eleventh Avenue, Twelfth Avenue and Thirteenth Avenue.
H. 
Protection of Slopes and Beach Bluffs. It is unlawful to walk over or otherwise traverse any slope or area between Scenic Road and the beach or any other public area leading to the beach when the City Council has by resolution prohibited walking over or traversing such area, and designated specific paths, steps or ways for public access to the beach, and signs have been posted at reasonable locations giving notice of the prohibition. It is unlawful to climb or walk on shoreline revetments, rip-rap or seawalls.
I. 
Disturbance of Natural Resources. Without a coastal development permit it shall be unlawful to dig and remove any beach sand, whether submerged or not, to make any excavation by tool, equipment, blasting, or other means or agency, except that this shall not prohibit the removal of driftwood or the construction of sand castles or other similar sand structures on the beach, utilizing natural materials found on the beach. This provision shall not apply to the City's annual sand movement program as described in the Shoreline Management Plan adopted as part of the certified coastal land use plan.
J. 
Driving on Beaches. No person shall drive or operate any vehicle on any beach, park, or other property owned by the City except on designated roads or parking areas unless such driving or operation is for a governmental purpose, emergency rescue work, or necessitated by authorized construction work.
K. 
Percussion Instruments and Amplified Sound. It is unlawful for any person to play percussion instruments on Scenic Road, the pathway, or the beach bluff. It is unlawful for any person to use sound amplifying equipment on the City Beach without a permit.
L. 
Commercial Activity Prohibited on Carmel Beach Lands. It is unlawful to conduct sales or undertake commercial activities on Carmel Beach, along the bluff, or in Del Mar parking area west of Scenic Road.
M. 
Beach Parking Restrictions. It is unlawful to park on Scenic Road or in the Ocean Avenue/Del Mar Parking Lot from midnight until 5:00 a.m. without a City resident's parking permit.
N. 
Hay Bales. It is unlawful to place or leave hay bales on the beach, bluffs or on the Beach Bluff Pathway.
O. 
Sand Redistribution. The City shall undertake sand redistribution activities to camouflage existing revetments and accommodate public access in accordance with the following provisions:
1. 
All sand redistribution activities shall be completed prior to Memorial Day, or as soon after as possible, and shall be timed and conducted in a manner that minimizes impacts to beach recreation.
2. 
Sand redistribution shall only take place if there is enough sand available to cover the existing revetments without diminishing the area of beach available for public access and recreation.
3. 
Bulldozed areas shall be smoothed over at the end of each day to prevent creation of large sand berms that restrict or interfere with public access along Carmel's beach. The City shall avoid over-excavating the beach berm, and use the minimal amount of sand necessary to maintain public safety and cover existing revetments.
4. 
The City shall provide adequate personnel, and, where necessary, install temporary construction fencing, to protect public safety and minimize impacts to recreation during sand redistribution activities.
5. 
All construction equipment and temporary fencing shall be removed from the beach daily, and immediately upon completion of sand redistribution events.
P. 
Retain the current portable second restroom facility at Santa Lucia Avenue. Encourage construction of one or more permanent restrooms south of Eighth Avenue, including consideration of a permanent restroom at the portable restroom location at Santa Lucia Avenue. Prohibit removal of the Santa Lucia portable restroom unless adequate permanent restroom facilities have been constructed south of Eighth Avenue.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004)