CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

September 13, 2017

To: Chair Goodhue and Planning Commissioners

From: Marc Wiener, AICP, Community Planning and Building Director

Submitted by: Marnie R. Waffle, Senior Planner

Subject: Consideration of a Subdivision and associated Coastal Development

Permit (SD 17-252) to create two condominium units in an existing
multifamily (two-unit) building located in the Residential and Limited
Commercial (RC) Zoning District.

RECOMMENDATION:

Staff recommends that the Planning Commission approve the Subdivision and associated
Coastal Development Permit.

Application: SD 17-252 APN: 010-142-011

Location: San Carlos, 3 SE of 7th Block: 90 Lot: 10
Applicant: Don Mackey Property Owner: Old Mill Properties, LLC

BACKGROUND AND PROJECT DESCRIPTION:

The project site is located on San Carlos Street, 3 southeast of 7th Avenue in the Residential
and Limited Commercial (RC) District. The applicant is requesting approval of a subdivision and
associated Coastal Development Permit to create two condominium units in an existing
multifamily (two-unit) building.

The purpose of the Residential and Limited Commercial (RC) Zoning District is to provide
appropriate locations for permanent and transient residential uses, service and office uses and
limited retail uses that do not adversely impact the residential neighborhood. The district is
intended to provide a transition and buffer between the more intense activities of the Central
Commercial (CC) and Service Commercial (SC) zoning districts and the less intense activities in
the R-1 and R-4 districts. The existing multifamily (two-unit) building serves this purpose.

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In October 2011, the Planning Commission approved a design review application for the
construction of the multifamily (two-unit) structure on the project site. The approval was the
result of a multi-year design effort between the applicant and the City regarding
redevelopment of the property. The site was previously developed with two small cottages that
were condemned by the City and demolished in May 2010. The applicant originally proposed a
single- family dwelling with a small guest unit, but it was denied by the City because the project
did not conform to the development standards for a single family dwelling in the RC zoning
district. A revised proposal for a multifamily (two-unit) building was subsequently submitted
and denied. The reasons cited for the denial were insufficient landscaping in the setbacks and
the design and location of the garage along the street frontage. The applicant later submitted a
new application for a multifamily (two-unit) design with parking in the rear, which was
approved in October 2011 by the Planning Commission and final building inspection was
completed in May 2017.

The existing multifamily (two-unit) building includes a 1,070 square foot residence on a lower,
subterranean level and a 2,170 square foot residence on the main and upper levels. A lobby is
located at the front of the building and includes a staircase and elevator providing access to
each level. Three parking spaces are provided underground; two of the parking spaces are
tandem (Attachment D).

STAFF ANALYSIS:

A subdivision for the purpose of creating condominiums allows for a residential structure to be
subdivided into separate, individual dwelling units. The Carmel Municipal Code defines a
condominium as a multiple dwelling or development containing individually owned dwelling
units and jointly owned and shared areas and facilities. A subdivision for condominium
purposes is subject to review and approval by the Planning Commission.

The condominium subdivision would not divide the land on which the existing, two-unit
multifamily dwelling is located but rather would subdivide the air space within the structure,
thus creating two separate single family dwelling units. Exterior decks, patios, and parking
spaces may be restricted to the use of an individual unit while the land on which the
condominium is located would be held in common with the other owners of the condominium
project.

General Plan Policies: The creation of condominium units is subject to the policies, programs
and regulations contained in the Carmel General Plan and the Carmel Municipal Code. The
following policies and programs pertaining to condominium units are contained in the Carmel
General Plan:

P1-18 Prohibit the creation of any stock cooperatives within the City/also prohibit the
demolition and/or conversion of any apartment units to create condominiums. Source: Land
Use and Community Character Element

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Policy P3-5.3 Preserve and expand affordable and rental housing opportunities to enable
local employees such as teachers, police, fire fighters and other City personnel to live in the
community where they work.

Program 3.5.3.a: Condominium Conversions. The City will continue to implement its
condominium conversion policy, which restricts the conversion of apartments to
condominiums to preserve the lower-cost rental housing options, typical of
apartments, within the City. Apartments cannot be converted to condominiums unless
a new apartment is being created to offset the conversion. Source: Housing Element

These policies advance the objective of preserving and increasing the supply of housing for
lower- and moderate-income households, senior citizens and other special needs groups.
When this project was submitted it was characterized primarily as a multi-family (two-unit)
building with references to apartment units in various places in the original staff report
(Attachment C) and throughout the architectural plans. The property owner has indicated that
it was not the intent that the buildings be dedicated as apartments, and furthermore, the
recently finished building has only been owner occupied and has not yet been used as an
apartment building. The applicant now desires to record a condominium map that would allow
for the sale of the two individual units.

In staffs opinion, the subject building should not be classified as an apartment building because
it has not been operated as such, and there is some ambiguity in the record as to how the
building was classified at the time of approval. The application submitted in 2011 refers to the
project simply as multi-family. Furthermore, the original project description refers to the
building as a two unit multi-family project and there is no special condition requiring that the
buildings be apartments. However, if the Planning Commission finds that the existing
multifamily (two-unit) building was approved to be apartments then converting the units to
condominiums would be in conflict with the General Plan and should be denied.

Municipal Code Requirements: In addition to the General Plan, review of this request is
subject to Carmel Municipal Code (CMC) Section 17.44 (Subdivisions and Lot Line Adjustments
and Section 17.14.040.N (Multifamily Dwellings). The criteria for condominium subdivisions are
listed below with a staff analysis on whether the project complies with these requirements.

Section 17.44, Subdivisions and Lot Line Adjustments

1. Only legal lots may be subdivided. No subdivision shall be approved which increases or
creates a zoning nonconformity or is inconsistent with the policies of the certified Local
Coastal Implementation Plan.

The project site is a 4,000 square foot lot recorded on a map filed with the County of
Monterey in 1902 and is a legal lot of record. The property was the subject of a design
review application in 2011 for the development of the existing multifamily (two-unit)

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dwelling. The project completed construction in 2017. As constructed, the property is in

compliance with the Residential and Limited Commercial (RC) Zoning District and
associated development standards.

2. No subdivision shall be approved which increases or creates a zoning violation.

There are no known zoning violations associated with the property and the subdivision
for condominium purposes would not create a zoning violation. As further described
below, the proposed condominiums would be in compliance with Carmel Municipal
Code Section 17.14.040.N (Multifamily Dwellings).

3. No subdivision shall be approved that would result in the creation of an additional lot of
record if such creation would increase the demand for water resources.

The proposed subdivision for condominium purposes would not result in the creation of
any additional lots. The building currently contains two-units and would continue to
contain only two-units.

4. Approval of a subdivision shall be conditioned upon all zoning requirements being met.

The proposed subdivision for condominium purposes would not divide the existing
4,000 square foot lot but rather would divide the air space within the existing building
creating two, separate single family dwelling units. The project has been conditioned to
comply with all zoning requirements.

5. Other conditions may be required as the City deems reasonable and proper for the
protection of the public health, safety and welfare.

No other conditions are being proposed by Staff. The Planning Commission may
consider additional conditions for the protection of the public health, safety and
welfare.

6. No subdivision shall be approved that would require removal of a significant tree.

The project site is currently developed with a multifamily (two-unit) building. Approval
of the subdivision for condominium purposes would not result in any physical changes
to the site nor would it require removal of a significant tree because the site does not
currently contain any significant trees.

7. All subdivisions shall comply with the minimum lot or parcel sizes established for the
zoning district where the property is located.

As noted above, the property is located on a 4,000 square foot lot in the Residential and

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Limited Commercial (RC) Zoning District. The minimum building site area for
condominiums in the RC Zoning District is 4,000 square feet or less. The existing lot
complies with the minimum lot size and the proposed subdivision for condominium
purposes would not alter the lot size.

8. Applications for subdivisions resulting in additional parcels, including condominiums,

shall require a coastal development permit.

Approval of the proposed Subdivision also requires approval of a Coastal Development

Permit.

Section 17.14.040.N, Multifamily Dwellings

1. Condominium subdivisions are limited to sites of 4,000 square feet or less.

The project site is a 4,000 square foot lot and therefore a condominium subdivision is
permitted.

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

The existing multifamily (two-unit) building includes a 1,070 square foot residence on
the lower, subterranean level and a 2,170 square foot residence on the main and upper
levels. Both residential units meet the minimum size requirements.

3. 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.

The smaller 1,070 square foot unit is approximately 49% of the size of the larger 2,170
square foot unit. The smaller unit complies with the floor area requirements.

Environmental Review: The application qualifies for a Class 1 Categorical Exemption from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301
Existing Facilities) of the State CEQA Guidelines. Class 1 exemptions include the division of
existing multiple family or single-family residences into common-interest ownership and
subdivision of existing commercial or industrial buildings, where no physical changes occur
which are not otherwise exempt.

ATTACHMENTS:

Attachment A Findings for Decision

Attachment B Conditions of Approval
Attachment C PC Staff Report (October 12, 2011)
Attachment D Project Plans

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Attachment A Findings for Decision

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

FINDINGS FOR DECISION

SD 17-252 (Old Mill Properties, LLC)

San Carlos Street, 3 SE of 7th Avenue
Block: 90; Lot: 10
APN: 010-142-011

CONSIDERATION:

Consideration of a Subdivision and associated Coastal Development Permit (SD 17-252) to

create two condominium units in an existing 2-unit multi-family building located in the
Residential and Limited Commercial (RC) Zoning District.

FINDINGS OF FACT:

1. The project site is located on San Carlos Street 3 southeast of 7th Avenue in the
Residential and Limited Commercial (RC) Zoning District.

2. On July 17, 2017, the applicant submitted a Subdivision application to create two
condominium units in an existing 2-unit multi-family building.

3. Carmel Municipal Code Chapter 17.44 (Subdivisions and Lot Line Adjustments) sets
forth the criteria for reviewing and approving subdivision applications. Applications
for subdivisions require review and approval by the Planning Commission.
Applications resulting in the creation of condominiums also require a Coastal
Development Permit.

4. The application is exempt from the requirements of the California Environmental

Quality Act (Class 1 Existing Facilities).

FINDINGS FOR DECISION:

1. The proposed condominium subdivision is not in conflict with the General Plan or the
adopted Local Coastal Program.

2. The proposed condominium subdivision is consistent with all zoning standards

applicable to the multifamily dwelling and the Residential and Limited Commercial (RC)
Zoning District.

3. Multifamily dwellings up to 22 dwelling units per acre are a permitted use in the
Residential and Limited Commercial (RC) Zoning District and the project density is 22
dwelling units per acre.
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4. Condominium subdivisions are limited to sites of 4,000 square feet or less and the
project site is 4,000 square feet.

5. The minimum size of any residential unit is 400 square feet and the proposed
condominium units would be 1,070 square feet (lower level unit) and 2,170 square feet
(main level and upper level unit).

6. 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 and the proposed smaller condominium unit is
49 percent of the size of the larger unit.

7. The proposed condominium subdivision will not make excessive demands on the
provision of public services, including water supply, sewer capacity, energy supply,
communication facilities, police protection, or fire protection.

8. The proposed condominium subdivision will not be injurious to the public health, safety
or welfare.

9. The proposed condominium subdivision will be compatible with surrounding land uses
and will not conflict with the purpose established for the district within which it will be
located.

10. The proposed condominium subdivision will not generate adverse impacts affecting
health, safety, or welfare of neighboring properties or uses.

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Attachment B Conditions of Approval

CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

CONDITIONS OF APPROVAL

SD 17-252 (Old Mill Properties, LLC)

San Carlos Street, 3 SE of 7th Avenue
Block: 90; Lot: 10
APN: 010-142-011

PROJECT DESCRIPTION:

Consideration of a Subdivision and associated Coastal Development Permit (SD 17-252) to

create two condominium units in an existing multifamily (two-unit) building located in the
Residential and Limited Commercial (RC) Zoning District.

STANDARD CONDITIONS:

1. This permit authorizes a subdivision for condominium purposes of an existing

multifamily (two-unit) building.

2. This approval shall be valid for a period of 24 months from the date of action by the
Planning Commission (CMC 17.52.170.B.9).

3. The applicant agrees, at its sole expense, to defend, indemnify, and hold harmless the
City, its public officials, officers, employees, and assigns, from any liability; and shall
reimburse the City for any expense incurred, resulting from, or in connection with any
project approvals. This includes any appeal, claim, suit, or other legal proceeding, to
attack, set aside, void, or annul any project approval. The City shall promptly notify the
applicant of any legal proceeding, and shall cooperate fully in the defense. The City
may, at its sole discretion, participate in any such legal action, but participation shall not
relieve the applicant of any obligation under this condition. Should any party bring any
legal action in connection with this project, the Superior Court of the County of
Monterey, California, shall be the situs and have jurisdiction for the resolution of all
such actions by the parties hereto.

SPECIAL CONDITIONS:

1. The applicant shall submit a condominium subdivision map meeting the requirements of
the California Subdivision Map Act and the City Engineer. The map shall show each unit,
assignment of parking spaces and all common areas. The map shall be reviewed and
authorized by City Staff and the City Engineer. Notations on the map shall include the
following:

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a. No condominium unit shall be occupied on a Transient Rental basis. Any unit

rented, leased or offered for occupancy to any party for any form of
remuneration shall be for a period of not less than 30 calendar days.
b. No condominium unit shall be used or occupied by any Commercial Use.
c. No condominium unit shall be further subdivided into any additional unit(s).
d. No condominium unit shall be sold, leased, rented, used or occupied on any form
of Timeshare or interval basis.

2. Prior to recordation of the map, the applicant shall submit a draft Covenants, Conditions
and Restrictions (CC&Rs) document for City review and approval. This document shall
include provisions alerting future owners of the units to the notes on the map and also
shall alert owners to the need for Design Review approval from the City for any future
change to the site or building design. Each of these provisions shall be permanent
provisions of the CC&Rs and shall not be amended by the Homeowners Association or
any other party with the express, written approval of the City of Carmel-by-the-Sea. The
CC&Rs shall state this limitation.

*Acknowledgement and acceptance of conditions of approval.

_____________________ __________ ________________________ ___________

Applicant Signature Printed Name Date

______________________________ ________________________ ____________

Property Owner Signature Printed Name Date

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Attachment C - PC Staff Report (10/12/11)

CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
AGENDA CHECKLIST

MEETING DATE: 12 October 2011 BLOCK: 90 LOT: 10

FIRST HEARING: 8/10/11 CONTINUED FROM: N/A

ITEM NO: DR 11-15/UP 11-16/VA 11-2 APPLICANT: Old Mill Properties
STREAMLINING DEADLINE: 11/21/11

SUBJECT:

Consideration of Design Review, Coastal Development Permit, Use Permit and Variance
applications for the construction of a two unit multi-family structure located in the
Residential and Limited Commercial (RC) District.

ENVIRONMENTAL REVIEW:

Exempt (Class 3 new construction)

LOCATION: ZONING:

San Carlos 3 SE of 7th RC

ISSUES:

1. Is the project consistent with the regulations of the Residential and Limited Commercial
District (CMC 17.14)?
2. Is the project consistent with the standards of the Commercial Design Guidelines?

OPTIONS:

1. Approve the application as submitted.

2. Approve the application with special conditions.
3. Continue the application.
4. Deny the application.

RECOMMENDATION:

Option #2 (Approve the application with special conditions.)

ATTACHMENTS:

1. Staff Report dated 12 October 2011.

2. Application Materials/Project Plans.

STAFF CONTACT: Marc Wiener, Associate Planner

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 CITY OF CARMEL-BY-THE-SEA
COMMUNITY PLANNING AND BUILDING
STAFF REPORT Amended & Approved 10/12/11

APPLICATION: DR 11-15 APPLICANT: Old Mill Properties

BLOCK: 90 LOT: 10
LOCATION: San Carlos 3 SE of 7th

REQUEST:
Consideration of Design Review, Coastal Development Permit, Use Permit and Variance
applications for the construction of a two unit multi-family structure located in the
Residential and Limited Commercial (RC) District.

BACKGROUND:
The project site is located on San Carlos Street three southeast of Seventh Avenue in the
Residential and Limited Commercial (RC) District. The lot was previously developed
with two small cottages that were used for commercial and residential purposes. The
structures were condemned by the City and demolished in May 2010.

The applicant previously proposed a multi-family (two-unit) project on the subject

property that was denied on January 12, 2011. In response to the denial the applicant
redesigned the project to address concerns raised with the original proposal. The
Planning Commission reviewed a preliminary concept of the new proposal on August 10,
2011. The Commission was generally supportive of the concept, but did ask that the
applicant work on the details of the front faade to make it more pedestrian oriented.

PROJECT DESCRIPTION:
The applicant is proposing to construct a multi-family (two-unit) structure on the subject
property. The proposed structure includes a 1,070 square foot apartment on the lower
level and a 2,170 square foot apartment on the main and upper levels. The floor plan
includes a vestibule, staircase and elevator at the front that provides access to each level.

The project is designed with a three-space underground garage located towards the rear
of the lot. Two of the parking spaces are tandem. Access to the garage is provided by a
sloped driveway on the south side of the property. The proposed driveway is
approximately 9 feet wide (11 feet including retaining walls) and has a slope of
approximately 14%. The driveway would only eliminate one curbside parking space.

The proposed structure is clad with a combination of horizontal wood siding on the lower
level and wood shingle siding on the upper level. The applicant is proposing a slate roof
as well as unclad wood doors and windows. The project also includes a landscaped
planter across the front of the property.

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A use permit is required for the lower level parking space. The applicant is also applying
for a variance, due to the fact that the rear of the structure exceeds the allowed height. A
variance may also be required for the parking if the Planning Commission determines
that tandem parking does not meet the parking standards.

PROJECT DATA FOR A 4,000 SQUARE FOOT SITE (RC):

Site Considerations Allowed Existing Proposed
Floor Area 3,200 sf (80%) N/A 3,200 sf (80%)*
Building Coverage 3,150 sf (70%) N/A 2,486 sf (62%)
Ridge Height (1st/2nd) 26 ft. N/A 32 ft.
Parking Requirement 3 spaces N/A 3 spaces
Setbacks Minimum Required Existing Proposed
Front 5 ft. N/A 6 ft. 4 in.
Rear 0 ft. N/A 26 ft.
Side Yard 5 feet for at least 50% N/A 5 feet for at least
of length 50% of length
* Main Level/Upper Level Apartment = 2,170 sq. ft. ; Lower Level Apartment = 1,030 sq. ft.

EVALUATION:
Proposed Use: This site is zoned Residential and Limited Commercial (RC). CMC
Section 17.14.010.C states that the purpose of the RC District is to:

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.

CMC Section 17.14 establishes the range of permitted and conditional uses that are
allowed in this district. Multi-family projects between 0 and 22 units per acre are a
permitted use. The applicant is proposing two units on a 4,000 square foot site, or a
density of 22 units per acre.

Goal 3-2 of the Housing Element encourages the development of new multi-family
housing in the Commercial and R-4 Districts. The proposed project fulfills the Housing
Element goal while being compatible with the mix of residential, hotel and limited
commercial uses in the area.

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Design: 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 (CMC 17.14.010). In addition to this standard, the Commission
should ensure that the project is consistent with zoning requirements and the Commercial
Design Guidelines.

Zoning: At 3,200 square feet the proposed structure is at the maximum floor area ratio
and is below the allowed building coverage by 8%. The project includes three parking
spaces as required by the Code (CMC 17.38). The proposed project complies with the
dimensional standards for setbacks, however, the rear of the building exceeds the allowed
height by six feet, which is addressed below.

Height & Variance:

The allowed height in the RC District is 26 feet (CMC 17.14). The majority of the
structure is at or below this height, with the exception of the rear of the building, which is
at a height of 32 feet as measured on the south elevation. The height nonconformity is
created by the fact that the applicant must excavate the south and rear of the property to
provide parking. From the existing grade the structure meets the height requirement, but
from the excavated grade it does not. The applicant is applying for a variance to allow
the height.

Approval of a variance requires adoption of specific findings as identified in CMC

Section 17.64.210. Generally, variances should only be considered when physical
constraints exist on a property that would deprive an applicant of privileges enjoyed by
other properties that do not have similar constraints. The size and slope of the site appear
to justify the height variance.

In the past the Planning Commission has indicated that they would support a variance for
this site if it allowed the applicant to locate the parking away from the street. With the
proposed design this objective has been met. Its also important to note that the proposed
height will not adversely impact the street elevation or make the structure appear out of
scale with the neighboring buildings.

Parking & Variance: The applicant is proposing three parking spaces located in
underground garage at the rear of the structure. Access to the garage is provided by a
sloped driveway on the south side of the property. The driveway and surrounding
retaining walls have an approximate width of 11 feet. Since the conceptual hearing the
applicant had reduced the width of the driveway from 10.5 to 9 feet.

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CMC Section 17.38 requires three spaces for this project (1.5 spaces per unit). The code
allows up 50% of all spaces to be compact. Standard spaces are minimum 9 x 19 and
compact spaces are a minimum of 8.5 x 16. The code also requires between 20 to 24
feet for backup space for standard parking spaces and 18 feet for compact spaces. In
addition, the code indicates that parking designs shall minimize the need for multiple or
complex turning movements.

The code does not discuss tandem spaces, but based on small lot sizes and constraints to
providing parking, the City in many instances has allowed for tandem parking. However,
a strict reading of the code requirements for backup space seems to preclude tandem
parking because there would not be sufficient backup space when two vehicles are parked
back to back. Tandem parking would likely never be appropriate for commercial uses,
but may make sense in some instances for residential uses.

The applicant is proposing two parking spaces in the garage, one of which would be a
compact space. The applicant is requesting a variance for the third parking space. If
tandem spaces were allowed, the proposed driveway would have sufficient space for a
third car and would therefore not need a variance. Staff has prepared findings for the
parking variance. If the Commission determines that tandem spaces are appropriate then
the findings could be amended to eliminate the variance.

Design Guidelines: Section A of the Commercial Design Guidelines encourages

building forms to complement the rhythms by other buildings in the immediate vicinity,
and recommends avoiding long blank walls.

The proposed project is consistent with the height, mass and setback patterns of
neighboring structures. There is sufficient modulation on the front elevation that
prevents the monotonous appearance of a long blank wall.

With regards to the exterior siding, Section E of the Commercial Guidelines

encourages the use of richly detailed wood, tile, moldings, corbels and stone, as well as
landscaping. The applicant is proposing wood siding, unclad wood doors and windows
as well as a slate (stone) roof. The proposed siding materials are consistent with the
Guidelines.

Commercial Design Guideline Section B states that generally, motels, residential and
office buildings in the RC and R-4 districts should maintain a greater front setback to
create an attractive landscape area and to complement the design and open space needs
of such uses.

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At the concept hearing the applicant had proposed a five foot front setback. The setback
has increased to six feet four-inches, which allows for a larger planter and more
landscaping at the front of the property.

Front Faade: Section A of the Commercial Design Guidelines states that building
walls facing public streets should provide visual interest to pedestrians. Variations such
as display windows, changes in building form, and changes in material, texture, or color
are appropriate.

At the conceptual hearing the Planning Commission requested that the applicant revise
the front faade in order to make it appear more pedestrian friendly and less closed off.
Concerns were raised about one of the front windows that peered into a small
compartment space (between the window and staircase). The Commission also discussed
expanding the vestibule so that it could potentially be used for commercial activity in the
future.

In the original staff report concerns were also raised that the front faade appeared like a
single-family residence. Staff recommended that the applicant remove the formal wood
door at the front and either leave the common area open, or install a wrought iron gate for
security. Staff also recommended that the applicant install a sign that identifies the
structure as an apartment building, use appropriate light fixtures and consider expanding
the window on the front elevation to provide greater visual interest.

The applicant has responded by increasing the size of the vestibule and has eliminated the
compartment space and the window that peers into the staircase. The applicant is also
proposing a sign and light fixtures that are appropriate for the building. One issue that
concerns staff is that the door has now been located on the south side of the vestibule, and
is less visible to the street.

The applicant has indicated that the door was relocated because there is insufficient room
to provide steps and a landing in the six-and-a-half foot space between the door and the
front property line. The applicant contends that the steps would be relatively steep at the
front, which would also lead to drainage issues. Staff discussed with the applicant the
idea of pushing the structure back 2-3 feet in order to gain more space for the steps,
however, this would create an issue with the ability to back out of the garage.

One option is that the applicant could expand the size of the front window or add more
windows. The applicant will provide an alternative option for the front window design at
the hearing. Staff notes that with the current proposal the dimensions are consistent
between the upper and lower window. The Commission may wish to maintain the
consistency. Staff is recommending approval of the project, but notes that the

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Planning Commission may add a condition that the applicant continue to work on the
faade and it would be approved at a future hearing.

Underground Space/Use Permit: The Planning Commission may authorize

underground floor area when the use of these floors is expressly limited to parking, non-
commercial storage, and mechanical equipment serving the building. CMC Section
17.14.014 states that underground spaces devoted to these uses are excluded from the
floor area calculation. The applicant is proposing an underground floor that includes the
garage, mechanical room and storage area.

Staff notes that the lower level is below the grade on the north elevation, however, the
walls are partially exposed on the south elevation and fully exposed on the north
elevation. This is caused by the fact that the applicant must excavate the rear and south
side of the property to provide for the driveway and parking area, which is the same
reason that the structure exceeds the allowed height and requires a variance.

While the structure exceeds the allowed height, the lower level does not qualify as a
story. According to CMC 17.70.020, if the finished floor of the floor above the garage is
less than five feet above street grade, then the garage does not count as a story.

Summary: As stated at the conceptual hearing, staff commends the applicant for
submitting a new design that addresses many of the concerns raised with the original
proposal. The Commission was mainly concerned with the proposal for parking at the
front of the property. The applicant has responded by designing a project that places
parking at the rear.

Staff recommends that the Planning Commission approve the design, as well as the use
permit and variance. If the Commission has concerns about the front faade, this aspect
of the project can be continued to the next hearing.

RECOMMENDATION:
Approve the application with the attached findings and conditions.

129
 CITY OF CARMEL-BY-THE-SEA

DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

FINDINGS FOR DECISION

UP 11-16/VA 11-2
Old Mill Properties
San Carlos 3 SE of 7th
Blk 90, Lot 10

CONSIDERATION:
Consideration of a Use Permit authorizing a multi-family dwelling with the use of
underfloor areas for parking and noncommercial storage, and a variance from the height
and on-site parking requirements.

FINDINGS OF FACT:
1. The property is located on San Carlos Street three southeast of Seventh Avenue in
the Residential and Limited Commercial (RC) District.

2. The property is a 4,000 square foot legal lot of record. The lot was previously
developed with two small cottages that were used for commercial and residential
purposes. The structures were condemned by the City and demolished in May
2010.

3. The applicant submitted Use Permit and Variance applications for this project on
26 September 2011.

FINDINGS FOR DECISION (USE PERMIT):

1. The proposed use is not in conflict with the General Plan.

2. The proposed use will comply with all zoning standards applicable to the use with
the exception of the requested height and parking variance.

3. The granting of the Use Permit will not set a precedent for the approval of similar
uses whose incremental effect will be detrimental to the City, or will be in conflict
with the General Plan.

4. The proposed use will not make excessive demands on the provision of public
services, including water supply, sewer capacity, energy supply, communication
facilities, police protection, street capacity and fire protection.

5. The proposed use will not be injurious to public health, safety or welfare and
provides adequate ingress and egress.

130
UP 11-16/VA 11-2 (Old Mill Properties)
12 October 2011
Findings & Conditions
Page 2

6. The proposed use will be compatible with surrounding land uses and will not
conflict with the purpose established for the district within which it will be
located.

7. The proposed use will not generate adverse impacts affecting health, safety, or
welfare of neighboring properties or uses.

8. The proposed underground garage is exempt from floor area consistent with CMC
Sections 17.14.150.A and 17.14.21.F.

FINDINGS FOR DECISION (VARIANCE):

1. The size and slope of the site along with the location of a significant tree present a
significant physical hardship that justifies the granting of a variance from the
height and on-site parking requirements.

2. The variance will not constitute a grant of special privilege inconsistent with
limitations on other properties in the vicinity.

3. The variance will not be detrimental to adjacent property or injurious to public

health, safety or welfare.

4. The site conditions are not so general or recurrent in nature as to make reasonable
the formulation of a general regulation to address such conditions.

5. The existing site constraints were not created by the applicant.

6. The variance approval is consistent with the General Plan/Local Coastal Plan.

7. The project conforms with the certified Local Coastal Program of the City of
Carmel by the Sea.

8. The project is not located between the first public road and the sea and no review
is required for potential public access.

SPECIAL CONDITIONS:
1. All underground areas shall be used for non-commercial storage and parking only.

2. If the approved building is demolished in the future, the variance and use permit
approvals will become null and void.

131
UP 11-16/VA 11-2 (Old Mill Properties)
12 October 2011
Findings & Conditions
Page 3

DECISION:
The Use Permit and Variance applications are approved with the conditions stated above.

132
REQUIRED FINDINGS:
1. The project conforms with the certified Local Coastal Program of the City of Carmel by
the Sea and Commercial Design Guidelines.

2. The project is not located between the first public road and the sea and no review is
required for potential public access.

Standard Conditions
No. Condition
1. This approval constitutes Design Study and Coastal Development permits
authorizing the construction of a new residence. All work shall conform to the
approved plans dated 12 October 2011 except as conditioned by this permit.
2. The project shall be constructed in conformance with all requirements of the local
RC zoning ordinances. All adopted building and fire codes shall be adhered to in
preparing the working drawings. If any codes or ordinances require design
elements to be changed, or if any other changes are requested at the time such
plans are submitted, such changes shall require separate approval by the Planning
Commission.
3. This approval shall be valid for a period of one year from the date of action unless
an active building permit has been issued and maintained for the proposed
construction.
4. All new landscaping shall be shown on a landscape plan and shall be submitted to
the Department of Community Planning and Building and to the City Forester
prior to the issuance of a building permit. The landscape plan will be reviewed for
compliance with the landscaping standards contained in the Zoning Code,
including the following requirements: 1) all new landscaping shall be 75%
drought-tolerant; 2) landscaped areas shall be irrigated by a drip/sprinkler system
set on a timer; and 3) the project shall meet the Citys recommended tree density
standards, unless otherwise approved by the City based on site conditions. The
landscaping plan shall show where new trees will be planted when new trees are
required to be planted by the Forest and Beach Commission or the Planning
Commission.
5. Trees on the site shall only be removed upon the approval of the Forest and Beach
Commission; and all remaining trees shall be protected during construction by
methods approved by the City Forester.
6. All foundations within 15 feet of significant trees shall be excavated by hand. If
any tree roots larger than two inches (2") are encountered during construction, the
City Forester shall be contacted before cutting the roots. The City Forester may
require the roots to be bridged or may authorize the roots to be cut. If roots larger
than two inches (2") in diameter are cut without prior City Forester approval or
any significant tree is endangered as a result of construction activity, the building
permit will be suspended and all work stopped until an investigation by the City
Forester has been completed. Twelve inches (12") of mulch shall be evenly
spread inside the dripline of all trees prior to the issuance of a building permit.

133
7. Approval of this application does not permit an increase in water use on the
project site. Should the Monterey Peninsula Water Management District
determine that the use would result in an increase in water beyond the maximum
units allowed on a 4,000 square foot parcel, this permit will be scheduled for
reconsideration and the appropriate findings will be prepared for review and
adoption by the City Council.
8. The applicant shall submit in writing any proposed changes to the project plans as
submitted on 12 October 2011 and approved by the Planning Commission, prior to
incorporating changes on the site. If the applicant changes the project without first
obtaining approval, the applicant will be required to either: a) Submit the change
in writing and cease all work on the project until either the Planning Commission
or staff has approved the change; or b) Eliminate the change and submit the
proposed change in writing for review. The project will be reviewed for its
compliance to the approved plans prior to final inspection approval.
9. Exterior lighting shall be limited to 25 watts or less per fixture and shall be no
higher than 10 feet above the ground. Landscape lighting shall be limited to 15
watts or less per fixture and shall not exceed 18 inches above the ground.
10. The Carmel stone faade shall be installed in a broken course/random or similar N/A
masonry pattern. Setting the stones vertically on their face in a cobweb pattern
shall not be permitted. Prior to the full installation of stone during construction,
the applicant shall install a 10 square foot section on the building to be reviewed
by planning staff on site to ensure conformity with City standards.
11. The applicant shall install unclad wood framed windows. Windows that have
been approved with divided lights shall be constructed with fixed wooden
mullions. Any window pane dividers, which are snap-in, or otherwise
superficially applied, are not permitted.
12. Approval of this remodel does not authorize demolition and is based on the
constraints of the design of the existing building and site constraints as presented
to the Planning Commission. Unauthorized demolition shall void this approval
and shall require submittal of a new Design Study application.
13. Approval of this Design Study shall be valid only with approval of the Use Permit.
14. The applicant agrees, at its sole expense, to defend, indemnify, and hold harmless
the City, its public officials, officers, employees, and assigns, from any liability;
and shall reimburse the City for any expense incurred, resulting from, or in
connection with any project approvals. This includes any appeal, claim, suit, or
other legal proceeding, to attack, set aside, void, or annul any project approval.
The City shall promptly notify the applicant of any legal proceeding, and shall
cooperate fully in the defense. The City may, at its sole discretion, participate in
any such legal action, but participation shall not relieve the applicant of any
obligation under this condition. Should any party bring any legal action in
connection with this project, the Superior Court of the County of Monterey,
California, shall be the situs and have jurisdiction for the resolution of all such
actions by the parties hereto.

134
15. The driveway material shall extend beyond the property line into the public right
of way as needed to connect to the paved street edge. A minimal asphalt
connection at the street edge may be required by the Superintendent of Streets or
the Building Official, depending on site conditions, to accommodate the drainage
flow line of the street.
16. A hazardous materials waste survey shall be required in conformance with the
Monterey Bay Unified Air Pollution Control District prior to issuance of a
demolition permit.
17. The applicant shall include a storm water drainage plan with the working drawings
that are submitted for building permit review. The drainage plan shall include
applicable Best Management Practices and retain all drainage on site through the
use of semi-permeable paving materials, French drains, seepage pits, etc. Excess
drainage that cannot be maintained on site, may be directed into the City's storm
drain system after passing through a silt trap to reduce sediment from entering the
storm drain. Drainage shall not be directed to adjacent private property.
18. The project plans submitted for building permit review shall comply with the
Citys Green Building Ordinance (CMC Section 15.54) and obtain a minimum of
60 points based on the Residential Green Building Checklist.

135
 REVISION No.
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MAIN FLOOR
Y'lfTH 8D GOATeD NAil.$, 2-3/8'. LONG. 0.100" SHANK.
GLADDING- AITAGHED THROUGH SHEATHING TO STUDS.
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HEADS, 8" O .G. E.XTERlOR. v:;w . .
3 1/:l' F16r:R$L'o5S
ii'I!MAT\ClN
1,/19 S .F .
DATE: 1125/1:2

IN~ SIDE: BASE LA'I1!R. t TYPE X 6'1'PSUM ~OR ~YPSIJM VENEER e.t6l:
,A.PPUED AT P<J6HT AN6U3 TO 5'M:>511TH W GOA-rei:' NAI!..S, 1-"T/f>" LON<S. 0.08-5" ~ANK, :I'
~ \..:.:____ 5/1>' iYr'E '><:' 6YP.5D. 0/ 1/:2' HAT
5liAP1"ED ~ ~ ~ 24" O.G.
UPPER FLOOR 451 S.F.
l/4'zl'-o'
LOJo'B<. FLOOR 1,090 S .F. DRAWN:
HfADSo. 16" O.C. FACE LA'fl'R i' l"n'E X &YPSI.IM ~ ~ ~ ~ ~ API"\.JJ:t) 013 LAYER& 5/8' '1YF'f: '><:'GYP.SO.
AT ~T AN6~ TO STUDS 11TH 1!0 GCATI!D NAll-S, :2-a./8' J.ON6. , 0 .100" 5HANK, 1/4. HfADSo. 0'
o .c . ~AA~~~T~~~~TE$TTI.81-16 I TOTAL 3,200 5.F. JOB NUMBER: 10.08
11C-?5 IS'T'PCI<ETE n:5T IN 81-1

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.JAMES HARDIE
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SC.ALE : 1/4" 1'-0"

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~ A height check inspection is required when the

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ridge and rafters are in place prior to the roof UJ
sheathing installation. The maximum allowed 1-
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height of the building shall not exceed that as
approved by the Planning Commission. ~
EAST ELEVATION
SCALE : 1/4'' I '-0"

DATE:

1/4'.. 1'-o'
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veRIFY S"TRUCTURAI.. ~INtS5 f"'R

DRAWN:
FLOOR LEVELS t HEI6HT DIMENSION&.
JOB NUMBER: 10.08

A-3.1 141
SHEET- Of
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M 6RADE ~ BASEMENT F~j-
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SOUTH ELEVATION
SCALE: 1/4""' 1'-0"
DATE: 1125/12

1/4":1'..0"
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VERIFY 5TRUCT1JRAL DR'V'IINGS FOR

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FLOOR LEVELS Hei6HT DIMENSIONS.
JOB NUMBER: 10.06

A-3.2 142
SHEET- OF
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ARCHITECT CONSULTANT:
NOFC.TH eLeVATION
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[3 I ~ JOB NAME:
143

w . tv!C!c.ke~ - 5Cln CC!rlos ERIC MILLER ARCHITECTS, INC. 88

San C:ar!o5 SSE oP /th 157 GRAND sulte106 PACIFIC GROVE, CA 93950
~c.vo11~1~ C.orm~l C.o!lfornla PHONE (831) 372-0410 FAX (831) 372-7840 WEB: www.erlcmlllerarchltects.com z
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A.P.N. 010-142-011