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Prior legislation: Code 1975 §§ 1306, 1370, Ords. 85-2, 85-7, 85-25, 85-26, 85-28, 85-32, 86-3, 87-15, 87-21, 87-27, 2000-03, 2001-03 and Res. 2001-110.
In addition to the general purposes listed in Chapter 17.04 CMC, Zoning Districts Established, the specific purposes of the community plan (CP) overlay districts are to:
A. 
Establish a procedure for the conservation and development of defined planning areas within the City.
B. 
Ensure orderly and thorough planning and review procedures that will result in quality design and conservation of Carmel's natural, cultural and historic resources.
C. 
Encourage conservation and improvement of community facilities, trees and open space.
D. 
Encourage coordinated, compatible infill development and affordable housing on sites that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.
The City has prepared community plans for specific areas of the City. The CP overlay district provides a mechanism for administering these plans by requiring that all new construction, alterations and additions conform to the policies and standards contained within these plans following adoption by the City. The term "community plan (CP)" includes specific plans as established by California Government Code Section 65450 et seq. as well as neighborhood plans and conservation plans. As used in this chapter, the term "community plan (CP)" includes all these variations.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2007-02, 2007)
No use other than an existing use shall be permitted in a CP district except in accord with an approved community plan (CP). Any permitted or conditional use authorized by this title may be included in an approved community plan (CP); provided, that use is consistent with the General Plan land use designation(s) for land within the CP district.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2007-02, 2007)
A. 
Residential Unit Density. The total number of dwelling units in a community plan (CP) shall not exceed the maximum density permitted in any district by the General Plan/Coastal Plan Land Use Plan (LUP) for the total area allocated to residential use.
B. 
Other Regulations. All regulations prescribed by this title apply, except as may be modified by an approved community plan (CP).
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2007-02, 2007)
A. 
Initiation. Rezoning to a community plan (CP) district may be initiated by City staff, the Planning Commission or the City Council.
B. 
Findings Required to Define Boundary. Establishment of any community plan area shall require adoption of a finding by the Planning Commission that:
1. 
Special buildings, streetscapes, neighborhood open space areas or site characteristics exist and justify including such land within a community plan (CP); or
2. 
Various public and/or private properties, whether contiguous or not, share a common interest or are related by a topic of special concern that justifies establishment of a community plan to address said topic or interest.
C. 
Required Plans and Materials. In addition to the information required for a zoning map amendment in Chapter 17.52 CMC, Permit Procedures, an application for CP rezoning shall be accompanied by a draft community plan (CP) which will be approved by resolutions at the same time as the adoption of the ordinance establishing the specific CP district. The community plan (CP) shall include a text and diagram or diagrams that specify:
1. 
The purpose of the community plan (CP) and the relationship between the community plan (CP), the General Plan and Coastal Land Use Plan and the underlying zoning district(s).
2. 
The distribution, location and extent of the uses of land, including open space, within the area covered by the plan.
3. 
Standards and criteria by which development will proceed, and standards for conservation, development and utilization of natural and historic resources, where applicable.
4. 
Any deviations from the land use regulations for the underlying zoning district(s) that establish requirements for permitted, conditional, temporary and accessory uses.
5. 
Any deviations from development regulations for the underlying zoning district(s) that establish the physical standards for development including, but not limited to, setbacks, building heights, building coverage, landscaping and parking.
6. 
Design criteria for all buildings and structures.
7. 
Plans or criteria for required facilities, infrastructure or other improvements.
8. 
If a community plan (CP) does not contain sufficient detail to allow for subsequent project construction or site improvements without further discretionary review, the community plan (CP) shall identify what additional discretionary review(s) are necessary.
9. 
Any other studies including environmental review.
D. 
Review and Approval. The terms and regulations of the proposed community plan (CP) shall be reviewed and approved at the same time as the proposed reclassification to a CP district. The Planning Commission shall consider the proposed plan and rezoning at a noticed public hearing and provide the City Council with a recommendation on the proposed plan and rezoning application.
E. 
Effective Date and Expiration. A community plan (CP) is effective 30 days after adoption of the ordinance creating the CP district.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2007-02, 2007)
The Planning Commission shall consider an application for reclassification to a CP district as prescribed in Chapter 17.62 CMC, Reclassifications and Amendments, and shall, at the same time, consider the proposed community plan (CP) accompanying the application. A Commission recommendation to reclassify land to a CP district shall be accompanied by a resolution approving a draft community plan (CP).
A. 
Planning Commission Action. A recommendation for rezoning to a CP district must be accompanied by a resolution either recommending approval or conditional approval of a community plan (CP) and findings that:
1. 
The community plan (CP) is consistent with the General Plan, the Local Coastal Land Use Plan, adopted design guidelines, and other applicable policies and is compatible with surrounding development;
2. 
The community plan (CP) will enhance the potential for superior community design in comparison with the development under the base district regulations that would apply if the plan were not approved;
3. 
Deviations from the existing district regulations are justified by compensating benefits of the community plan (CP); and
4. 
The community plan (CP) has been reviewed and recommended for approval or conditional approval.
B. 
City Council Action. After a noticed public hearing, the City Council shall approve, modify, or reject the Planning Commission's recommendation; provided, that a substantive modification not previously considered by the Commission shall be referred to the Commission for a report. Failure of the Planning Commission to report within 40 days after referral or such longer period as may be designated by the Council shall be deemed approval of the proposed modification by the Commission.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2007-02, 2007)
A. 
After City Council adoption of a community plan, an amendment to the City's certified Local Coastal Program shall be submitted to the California Coastal Commission pursuant to Public Resource Code Section 30515. The City may submit a proposed amendment either as an amendment that will take effect automatically upon Coastal Commission approval, or as an amendment that will require formal City Council adoption after Coastal Commission approval.
B. 
Each CP district shall be designated on the zoning map by the letters "CP" followed by a number. A table on the Zoning Map shall show for each numbered district the community name and a reference to the adopting ordinance and/or the resolution approving the plan. Upon approval by the City Council and the Coastal Commission, each community plan shall be incorporated into the municipal code/implementation plan as a separate article of this chapter.
C. 
Amendments to an adopted community plan constitute amendments to the zoning ordinance/coastal implementation plan and shall be subject to the same adoption processes and public notice requirements.
D. 
Each CP district shall be designated on the zoning map by the letters "CP" followed by a number. A table on the zoning map shall show for each numbered district the community name and a reference to the adopting ordinance and the resolution approving the plan.
(Ord. 2004-01 § 1, 2004; Ord. 2004-02 § 1, 2004; Ord. 2007-02, 2007)