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CITY OF CARMEL-BY-THE-SEA

Planning Commission Report


January 11, 2017
To:

Chair Goodhue and Planning Commissioners

From:

Marc Wiener, AICP, Community Planning and Building Director

Subject:

Consideration of recommendations to the City Council for an Ordinance


amending Municipal Code Sections 17.08 and 17.68 in response to
recently adopted State legislation pertaining to accessory dwelling units

Recommendation:
Adopt Resolution 2017-01 recommending that the City Council adopt an Ordinance amending
Municipal Code Sections 17.08 and 17.68 to address the permitting of accessory dwelling unit in
compliance with Assembly Bill 2299 and Senate Bill 1069.
Background:
The California Legislature has declared that allowing second dwelling units (aka accessory
dwelling units) in single-family and multi-family zones is an essential component in addressing
housing needs in California. On September 27, 2016, Governor Brown signed Assembly Bill
2299 (AB 2299) and Senate Bill 1069 (SB 1069) into law, both of which will became effective
on January 1, 2017. These two bills amended various sections of the State Government Code (
65852.2.) related to second dwelling unit regulations and are intended to reduce barriers and
streamline approval. The new laws regulate parking, type and size of units, approval process
and timelines, and water and sewer utility requirements applicable to second dwelling units.
Most importantly, the amended State Law invalidates local agencys existing second dwelling
unit ordinance if it does not comply with all of the requirements of the newly adopted state
standards. As such, the Carmel Community Planning and Building Department is proposing to
amend the Citys existing Second Dwelling Unit Ordinance (CMC 17.08 and 17.68) in order to
conform to Government Code 65852.2.

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Staff Analysis:
Assembly Bill 2299 and Senate Bill 1069
Together, AB 2299 and SB 1069 amend various sections of the California Government Code that
regulates accessory dwelling units (ADUs), making considerable changes to local authority to
regulate such units. Under the amendments to the Government Code, a local government may
not preclude ADUs and the approval must be ministerial (i.e. building permit only). There is a
distinction between ADUs established within an existing structure and ADUs that are added to
an existing residence or constructed as a new accessory structure. ADUs established within an
existing structure must be allowed in all single family residential zones and no parking is
required unless the ADU is established within a garage. For ADUs that require an addition to an
existing single-family residence or construction of a new accessory structure, reasonable zoning
standards such as parking, height, lot coverage, lot size and maximum unit size can be
established. ADUs can be prohibited in areas with health and safety risks such as high fire
areas. However, zoning standards and allowable areas must not be designed or applied in a
manner that burdens the development of ADUs and should maximize the potential for ADU
development.
While local agencies may apply certain reasonable zoning standards for the construction of new
ADU structures, the approval process must be ministerial (i.e. building permit only) and shall
not include any discretionary processes. Zoning compliance for height, setbacks, etc., can occur
as part of the building permit plan check review. The approval must be within one hundred and
twenty (120) days after receiving the application. The notable provisions of AB 2299 and SB
1069 are as follows:

Existing local second dwelling unit ordinances will become invalidated if not in
compliance with the requirements of the amended State Law by January 1, 2017;
Replaces the term second dwelling unit or subordinate unit with "Accessory Dwelling
Unit" (ADU).
Cities must approve applications to create an ADU if the unit is located in a single-family
zoning district, is contained within existing space of the existing residence or accessory
structure, has independent exterior access, and side and rear yard setback are sufficient
for fire safety;
Only one parking space can be required for an ADU;
No parking is required if an ADU meets the following criteria:
o ADU created from existing accessory structure or primary residence.
o ADU is within mile of public transit.

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o ADU is within an historic or architecturally significant district.


o ADU is in a residential preferred parking (RPP) zone, but owner/tenant cant
purchase a parking permit.
o Car share vehicle within one block of ADU.
No setback can be required for an existing garage that is converted into an ADU, and no
more than 5 feet of side or rear yard setback can be required for an ADU unit
constructed above an existing garage;
An ADU can either be attached to the existing dwelling, located within the living area of
an existing dwelling, or detached and located on the same property as the existing
dwelling;
An ADU cannot be considered a new residential use for the purpose of calculating utility
charges, and cities cannot require a new or separate utility for certain types of units;
and
Sprinklers may not be required for new ADUs unless they are required for the existing
single-family residence.

Proposed Municipal Code Amendments


Because the Citys existing Ordinance does not comply with the newly amended State Law,
there is an immediate need to amend the Citys Existing Ordinance. The Citys current policy is
fairly restrictive and only allows new ADUs with a use permit when needed for a medical
hardship or on lots that are at least 8,000 square feet when established as affordable housing.
Municipal Code Section 17.68.030 recognizes the following four classes of subordinate units:
Class I. Subordinate units that were established prior to June 5, 1929. These units
were legally established and require no permit.
Class II. Subordinate units that were established prior to April 5, 1988, and
registered with the City by December 6, 1994. These units typically were built
without City approval but were then legalized and brought to minimum health and
safety standards through an amnesty period and registration.
Class III. Subordinate units that did not exist prior to 1988 but which may be
established with a use permit for a recognized hardship resulting from the needs of
an infirm or handicapped person who must live with or near a companion in
separate, self-contained facilities.

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Class IV. Subordinate units that did not exist prior to 1995 but which may be
established on building sites of at least 8,000 square feet to provide affordable
housing.
Regulations for subordinate units and accessory structure are included in Chapter 17.08 of the
Municipal Code and definitions are included in Chapter 17.68. The following summarizes the
proposed code amendments to both of these sections:
The term Subordinate Unit will be replaced with Accessory Dwelling Unit throughout
the Municipal Code; The proposed Ordinance distinguishes between two types of ADUs
with the following classifications:
o ADU, Interior - An accessory dwelling unit which is constructed entirely within the
existing and legally created space of a single-family home or accessory structure.
o ADU, New Construction - An accessory dwelling unit which is constructed either
as a new detached accessory structure or as an addition to an existing single
family home or an existing accessory structure.
Class I and II are retained in the Municipal Code in order to memorialize existing second
unit permits. Class III and IV units have been eliminated from the code;
ADUs are allowed in both the Single-Family Residential (R-1) and Multi-Family (R-4) Zones
as a permitted use with a ministerial review process;
ADUs are exempt from parking standards under certain circumstances including ADUs
that are established within an existing structure or within mile of public transit; and
ADUs that are constructed as an addition to an existing residence or as a new accessory
structure are subject to zoning standards and design standards, but require ministerial
approval.
Policy Considerations
It should be noted that ADUs constructed within existing structures (ADU, Interior) are not
subject to zoning standards and must be allowed in all single-family residential zones. However,
the City is allowed more discretion in setting its policy for ADUs that are constructed as a new
addition to an existing residence or as a new accessory structure (ADU, New Construction).
The City may apply zoning regulations such as only allowing ADUs in certain overlay zones,
special districts or requiring a minimum lot size. Setting these limitations should be based on
findings related to public health and safety.
The City permitted approximately 200 secondary dwelling units (subordinate units) in the early
1990s, which are currently classified as Class II Subordinate Units. Since then, the City has
generally restricted ADUs by only allowing them when needed for a medical hardship or on lots

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that are at least 8,000 square feet when established as affordable housing. Furthermore,
guesthouses have only been allowed on lots of 6,000 square feet or larger. Subordinate units
and guesthouses have generally not been permitted on 4,000-square foot lots due to the size
and parking constraints of these small lots. Consistent with the Citys existing policy, staff is
recommending that the minimum lot size for newly constructed ADUs be 6,000 square feet.
While the majority of lots in the City are 4,000 square feet, in staffs opinion, adequate findings
could be made that are health and safety issues associated with allowing newly-constructed
ADUs on these small constrained lots; such as increased parking, traffic and public infrastructure
demands. As an alternative, the Planning Commission could recommend being more permissive
by allowing ADUs on 4,000 or 5,000 square-foot lots. Staff intends to provide additional data on
typical lot sizes in the City by the time of the meeting.
Once again, it should be noted that the minimum lot size standard only applies to ADUs
constructed as an addition to an existing home or as a new detached accessory structure (ADU,
New Construction) and not to ADUs established within an existing structure (ADU, Interior). In
addition to requiring a minimum lot size of 6,000 square feet, staff has drafted several other
additional zoning standards, discussed in the following section, which would allow the City to
regulate the size and appearance of ADUs.
Zoning/Design Standards
While the process for approving ADUs must be ministerial, zoning and design standards can be
applied to ADUs that are constructed as a new addition to an existing residence or as a new
accessory structure. As such, staff has drafted the proposed code amendments to Section
17.08.050 of the Municipal Code in order to require the following zoning standards:
1. The lot proposed for the accessory dwelling unit must be 6,000 square feet or larger.
Staff Analysis: This will ensure that ADUs can be constructed on several residential lots
in the City, but excludes the smaller lots in the City (i.e. 4,000-square foot) in which
buildable area is constrained.
2. All of the existing and proposed structures may not exceed the allowed floor area ratio
for the lot.
Staff Analysis: The maximum allowed floor area for each site would still be required
with the addition of an ADU. As an example, a 6,000 square foot lot is permitted a
maximum of 2,460 square feet, which includes 200 square feet for parking.

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3. An accessory dwelling unit attached to the existing single-family home shall not exceed
the height of the existing single-family home. Detached accessory dwelling unit shall
have a maximum height of 12 feet and shall comply with all applicable setback
standards.
4. An accessory dwelling unit attached to the existing single-family home shall have a
minimum floor area of 150 square feet and the maximum floor area shall not exceed
fifty percent of the living area of the existing single family home. A detached accessory
dwelling unit shall have a minimum floor area of 150 square feet and maximum floor
area of 600 square feet.
Staff Analysis: This set of regulations will ensure that an ADU addition to an existing
residence or that a detached ADU will be subordinate to the primary residence.
5. One additional parking space shall be provided per bedroom, which may be provided as
tandem parking on an existing driveway, and shall meet applicable setback requirements
for parking. Notwithstanding this provision, no additional parking is required for
accessory dwelling units located within one-half mile of a public transit stop or car share
vehicle pickup location, located entirely within an existing primary residence or an
existing accessory structure, within an architecturally and historically significant historic
district, or otherwise exempt under Government Code Section 65852.2(d) or successor
provision.
Staff Analysis: This regulation contains the parking requirements in compliance with
state law. It should be noted that there are several bus stops throughout the City,
hence, the majority of residential properties are likely within mile of public transit and
parking cannot be required.
6. The accessory dwelling shall be constructed with facade materials similar in texture and
appearance to the primary dwelling, including but not limited to roofing, siding, and
windows and doors.
Staff Analysis: This regulation will ensure that the design of the addition is compatible
with the primary residence.
The above referenced regulations would be applied to new ADUs through the building permit
plan check process. The Citys typical discretionary Design Study process is not permitted by

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state law. These amendments ensure that local control will be retained over the size, setback
and design of new structures.
Studios: Along with the proposed code amendments to address accessory dwelling units, staff is
proposing to add a definition for studios. While not explicitly defined in the Municipal Code, the
City has allowed studios, which can be used as a home office, art studio, or workroom. Studios
have historically been differentiated from guesthouses by being allowed a bathroom (toilet
and sink), while guesthouses are allowed to have a full bathroom, and subordinate units are
allowed a full bath and kitchen. The proposed definition and regulations for studios is consistent
with the Citys existing unwritten policy.
Zoning Code/General Plan: Municipal Code regulations are required to be consistent with the
General Plan. The Citys General Plan does not specifically address secondary dwelling units, nor
does it prescribe a specific dwelling unit density in the Single Family Residential (R-1) District.
Staff is evaluating whether there are any inconsistencies between the proposed code
amendments and the General Plan, and if any are identified, the General Plan would have to be
amended. It should be noted that the Citys 2015-2023 Housing Element includes a program
(Program 3-5.3c) that requires the City to study potential code amendments in order to be more
permissive towards subordinate units. While the proposed Ordinance was done to be in
compliance with state law, it also meets the Citys own Housing Element objectives.
Pursuant to Chapter 17.62.030 of the Citys Municipal Code, proposed amendments to the Title
17 Zoning Code are required to be reviewed by the Planning Commission prior to going before
the City Council. Attachment A is a Planning Commission Resolution, recommending that the
City Council adopt an Ordinance amending Municipal Code Chapters 17.08 and 17.68 as
identified in Attachment B.
Environmental Review: The Community Planning and Building Department has determined
that the project is statutorily exempt from the California Environmental Quality Act (CEQA) as
provided by Public Resources Code Section 21080.17, because it is the adoption of an ordinance
by a city to implement the provisions of Section 65852.2 of the Government Code.
Conclusion: In staffs opinion, the proposed Ordinance amendments achieve compliance with
state law. The State HCD requires that the code amendments be submitted within 60 days
after final adoption. Staff has also forwarded a copy to the Coastal Commission and is awaiting
feedback. If either state agency recommends any substantive changes, or if any new issues or

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information arise during the vetting process, this item will be brought back before the Planning
Commission prior to going to City Council. Furthermore, the Planning Commission may
continue and direct staff to make certain revisions based on the policy questions that were
raised.
ATTACHMENTS:
Attachment A - Resolution No. 2017-01
Attachment B Draft Code Amendments (Chapter 17.08 and 17.68)

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Attachment A PC Resolution
CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION RESOLUTION NO. 2017-01
A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE AMENDING CHAPTERS 17.08 AND 17.68 OF THE MUNICIPAL CODE TO
ADDRESS REGULATIONS PERTAINING ACCESSORY DWELLING UNITS IN ORDER
TO BRING THE CITY INTO COMPLIANCE WITH STATE LAW

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself in


its community character; and
WHEREAS, on or about September 27, 2016, the Governor signed Senate Bill No. 1069
which makes amendments to Government Code section 65852.2 to replace the term second
unit with accessory dwelling unit throughout the law and makes other changes with regard to
the regulation and approval of such units; and
WHEREAS, it is the intent of the state amendments to Government Code section 65852.2
to create more affordable rental housing opportunities and it is the intent of these revisions to
provide those affordable rental housing opportunities and not to allow AirBNB or other
temporary vacation house sharing; and
WHEREAS, the provisions of SB 1069 and AB2299 amend Government Code section
65852.2 effective January 1, 2017 and provide that to the extent that a second unit ordinance fails
to meet the requirements of SB1069, its ordinance will be null and void unless and until the
agency adopts an ordinance that complies with Government Code Section 65852.2, as amended;
and
WHEREAS, the Citys existing ordinances relating to second units is not consistent with
SB1069 and AB2922 provisions and must be amended; and
WHEREAS, the Citys Zoning Ordinance is also its Local Coastal Program; and
WHEREAS, the City certifies that the amendments are intended to be carried out in a
manner fully in conformance with the Coastal Act; and
WHEREAS, this ordinance is an amendment to titles 17.08 and 17.68 of the Citys
Zoning Ordinance/Local Coastal Implementation Plan and requires certification by the California
Coastal Commission; and
WHEREAS, the Planning Commission held a duly noticed public hearing on January 11,
2017 at which time it considered all evidence presented, both written and oral and at the end of
the hearing voted to adopt a resolution recommending that the City Council adopt this
Ordinance.

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NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE


CITY OF CARMEL-BY-THE-SEA AS FOLLOWS:
Section 1.
Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct.
Section 2.
CEQA Findings. Statutory Exemption: The Community Planning and
Building Department has determined that the project is statutorily exempt from the California
Environmental Quality Act (CEQA) as provided by Public Resources Code Section 21080.17,
because it is the adoption of an ordinance by a city to implement the provisions of Section
65852.2 of the Government Code.
Section 3.
Planning Commission Review and Recommendation. Pursuant to
Zoning Code Chapter 17.62, the Planning Commission has reviewed the proposed Zoning Code
amendments set forth in Attachment B. The Planning Commission hereby recommends their
adoption by the City Council.

PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF


CARMEL-BY-THE-SEA this 11th day of January 2017 by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
_________________________________
Cortina Whitmore, Admin. Coordinator

SIGNED:
_________________________________
Don Goodhue, Planning Commission Chair

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17.68.030 Residential Use Classifications.


Residential Housing Types.
Single-Family Dwelling. One dwelling, attached or detached, located on a single building site, containing only
one kitchen, designed for or used to house not more than one family including all domestic employees of the
family and associated facilities for parking, living, sleeping, cooking, and eating.
Accessory Dwelling UnitSubordinate Unit. An attached or detached residential dwelling which provides
complete independent living facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation, which is located on the same parcel as a single-family dwelling. An
accessory dwelling unit may consist of an efficiency unit, as defined in Health and Safety Code section
17958.1; or a manufactured home, as defined in Health and Safety Code Section 18007that is located on a
single lot with another primary, single-family dwelling and that provides complete independent living facilities for
one or more persons. These units include permanent provisions for living, sleeping, cooking and sanitation.
Accessory Dwelling Unit, Interior: An accessory dwelling unit which is constructed entirely within the existing
and legally created space of a single-family home or accessory structure.

Accessory Dwelling Unit, New Construction: An accessory dwelling unit which is constructed either as a new
detached accessory structure or as an addition to an existing single family home or an existing accessory
structure.
Class I. SubordinateAccessory Dwelling units that were established prior to June 5, 1929. These units were
legally established and require no permit. These units were originally classified as a subordinate unit.
Class II. Subordinate Accessory Dwelling units that were established prior to April 5, 1988, and registered with
the City by December 6, 1994. These units typically were built without City approval but were then legalized
and brought to minimum health and safety standards through an amnesty period and registration. These units
were originally classified as a subordinate unit.
Class III. Subordinate units that did not exist prior to 1988 but which may be established with a use permit for a
recognized hardship resulting from the needs of an infirm or handicapped person who must live with or near a
companion in separate, self-contained facilities.
Class IV. Subordinate units that did not exist prior to 1995 but which may be established on building sites of at
least 8,000 square feet to provide affordable housing.

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Studio. An attached or detached residential dwelling unit without kitchen or cooking facilities, designed to be
used by occupants of the dwelling to which it is accessory, to be used as an office, art studio or workroom and
not as sleeping quarters. Studios are permitted to have a bathroom with a sink and toilet. Studios that are
attached to the primary dwelling are not required to have interaccessibility with the primary dwelling.
Guesthouse (Noncommercial). An attached or detached residential dwelling unit without kitchen or cooking
facilities, designed to be used by occupants of the dwelling to which it is accessory and their guests or servants
employed on the premises. Guesthouses that are attached to the primary dwelling are not required to have
interaccessibility with the primary dwelling. A detached garage containing one or more rooms used or adapted
for use as human habitation will be considered a guesthouse.
Multifamily Dwelling. A building or group of buildings on a single building site that contains two or more
dwellings, each with its own facilities for parking, living, sleeping, cooking, and eating. This classification
includes condominiums, townhouses, and apartments.
Senior Citizen Housing. Housing provided for senior citizens as defined by the State of California (California
Civil Code Section 51.3).

17.08.040 Land Use Regulations.


Schedule II-1 Land Use Regulations for Residential Districts
P = Permitted Use
L = Limitations Apply

R-1

R-4

Additional Regulations

C = Conditional Use Permit Required


Residential
Single-Family

See CMC 17.08.060


P

Accessory Dwelling Unit, Interior

Accessory Dwelling Unit, New

See CMC 17.08.050(D), (G)

Subordinate Accessory Dwelling Units

See CMC 17.08.050(F)


Construction
Class I Accessory Dwelling Unit

Class II Accessory Dwelling Unit

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Schedule II-1 Land Use Regulations for Residential Districts


P = Permitted Use
L = Limitations Apply

R-1

R-4

Class III

Class IV

Studio

Guesthouse (Noncommercial)

Additional Regulations

C = Conditional Use Permit Required

Multifamily Dwellings

See CMC 17.08.050(C)


See CMC 17.08.050(E)

0 22 dwelling units/acre

22 dwelling units/acre

Senior Citizen Housing

L-5

Small Family

L-5

Large Family

C-4

Group Residential

Family Day Care

See CMC 17.08.050(B)

17.08.050 Additional Use Regulations.


A. Accessory Buildings and Structures.
1. Except as provided in CMC 17.10.040, Lot Mergers, no more than two accessory structures may be
constructed on each building site.
2. No accessory structure shall exceed 400 square feet in floor area except: (1) as provided for
guesthouses, and (2) as provided in subsection (A)(3) of this section.
3. Two accessory structures (such as a garage and a guesthouse) may be combined into a single
structure as long as the combined floor area does not exceed what would be allowed for two
independent structures and does not exceed 75 percent of the floor area of the primary structure. All

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accessory structures exceeding five feet in height shall count as floor area. Storage sheds of 120 square
feet or less and containing no plumbing or electrical connections shall not require a building permit.
B. Family Day Care, Large Family. The following additional regulations shall apply to the operation of large
family day care homes serving seven to 12 persons.
1. Standards. All large family day care homes shall comply with all applicable State standards and
requirements for family day care homes. In addition, all large family day care homes shall comply with
the following standards:
a. Outdoor Play Area. All outdoor play areas shall be enclosed by a natural barrier, wall, solid
fence, or other solid structure at least six feet in height, and all outdoor play areas shall be
adequately separated from driveways, streets and parking areas.
b. Parking and Traffic. Adequate parking shall be provided for employees of the large family day
care home and for pick-up and drop-off of children at the home in accordance with the following
standards:
i. In addition to the off-street parking spaces required for the residential zone, one additional
off-street parking space shall be provided per employee.
ii. Adequate space shall be available for safe pick-up and delivery of children to the day care
home. This space shall be off-street, but can be in the driveway or off-street parking area.
2. Inspections Required. The Fire Department and Building Official shall conduct an on-site inspection
that includes but is not limited to:
a. Gas water heaters, to ensure proper ventilation and permanent installation that is safe from
children;
b. Fire extinguishers and smoke detectors, to ensure that they meet standards established by the
State Fire Marshal;
c. Refrigerators, to ensure that they are properly sealed shut if not in use and/or contain a locking
device if in use; and

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d. All potential fire and safety hazards that may endanger the children at the large family day care
home.
C. Guesthouses. One guesthouse may be authorized on sites of 6,000 square feet or greater upon approval of
a use permit. Guesthouses shall contain no food preparation facilities of any kind, but are permitted to have a
bathroom with a toilet, sink and bathing facility . A guesthouse on any building site of 8,000 square feet or
greater may be converted to an subordinate accessory dwelling unit (see subsection (F) of this section). A legal
subordinate accessory dwelling unit may be converted to a guesthouse upon approval of a use permit. No site
shall contain both a guesthouse and an accessory dwellingsubordinate unit or studioexcept as provided under
hardship conditions (see subsection (F) of this section).

Table 17.08-B Maximum Floor Area for Guesthouses


Base Size of

Plus Increment Based on

Equals Maximum

Guesthouse

Lot Size

Floor Area

Lot Type/Size

6,000 square feet or larger

400 square feet

(lot area over 6,000) x 1.5% Allowed Size

Merged lots of at least 8,000 square

500 square feet

(lot area over 6,000) x 1.5% Allowed Size

400 square feet

(1,500 sq. ft.) x 1.5%

feet
Example: 7,500-square-foot lot

422 sq. ft.

D. Studios. One studio may be authorized on lots in the Single-Family Residential Zone as a permitted use.
Studios shall contain no food preparation facilities of any kind, but are permitted to have a bathroom with a sink
and toilet. Studios that are attached to the primary dwelling are not required to have interaccessibility with the
primary dwelling. No additional parking is required for studio. Studios shall be a maximum size of 400 square
feet.
DE. Home Occupations. All home occupations require a business license. Home occupations are limited to the
use of up to two rooms in a single-family dwelling by a person residing therein as the studio of an artist, writer
or musician, or by a teacher of the arts having up to two pupils under instruction at any one time. For this
section, the arts shall include only the following: painting, graphics, computer graphics, music, dance, drama,
sculpture, writing, photography, weaving, ceramics, needlecraft, jewelry, glass and metal crafts. The Director
may authorize other home occupations that:
1. Are limited to office machines such as telephone and/or computer use;
2. Do not involve deliveries more frequently than once per week;

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3. Do not involve the parking, use or storage of any commercial vehicles;


4. Do not involve visits by customers, vendors, attendees, salespeople or employees of the business;
and
5. Are fully contained within one or two rooms in a single-family dwelling and are not located in a garage.
EF. Multifamily Dwellings.
1. All multifamily residential projects shall require the preparation of an acoustical analysis and the
implementation of acoustical design treatments to meet noise standards contained in Title 25 of the
California Government Code.
2. All multifamily projects shall have a minimum per unit size of 400 square feet.
3. At least 25 percent of all units in a multifamily project containing more than two units shall be of a size
between 400 square feet and 650 square feet in floor area.
FG. Accessory Dwelling Units.

1. All accessory dwelling units shall conform with the following:

a. The lot must contain an existing single-family home and no other dwelling units. No more than
one accessory dwelling unit may be constructed on any lot.

b. At the time of application, the property owner shall acknowledge in writing that:

(1) The accessory dwelling unit may not be sold separately from the existing single-family home;
(2) either the existing single-family home or the accessory dwelling unit must be owner-occupied;
and (3) neither the accessory dwelling unit nor the single-family home may be used for transient
residential rentals. Prior to issuance of a building permit for the accessory dwelling unit, the owner
shall record a covenant in a form approved by the City to notify future owners of the requirements
of this paragraph (b).

c. Except as modified by this subsection G, the accessory dwelling unit shall conform to all
requirements of the underlying residential zoning district, any applicable overlay district, and all
other applicable provisions of this chapter, including but not limited to height, setback, lot
coverage, floor area ratio, landscape, and historic preservation requirements; unless the unit is
contained in a nonconforming structure and does not expand the nonconformity.

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d. The accessory dwelling unit shall conform to all applicable state and local building code
requirements, including verification from the applicable water district (submitted with the
application for a building permit) that sufficient on-site water credits are available for the accessory
dwelling unit. Fire sprinklers may not be required for the accessory dwelling unit unless they are
required for the existing single-family home.

e. An accessory dwelling unit conforming to the requirements of this section shall not be
considered to exceed the allowable density for the lot upon which the unit is located and shall be
deemed to be a residential use consistent with the existing general plan and zoning designations
for the lot.

f. All applications for accessory dwelling units that meet and comply with the requirements under
this Chapter shall be approved as a ministerial permit without discretionary review or a hearing
within one-hundred twenty (120) days after receipt of a substantially complete application.

2. Accessory Dwelling Units, Interior, shall additionally conform with the following:

a. The accessory dwelling unit must be constructed entirely within the existing and legally created
space of a single-family home or accessory structure in the R-1 or R-4 Districts.

b. The accessory dwelling unit must have exterior access independent from the existing singlefamily home.

c. Side and rear setbacks must be sufficient for fire safety.

d. No additional parking for the accessory dwelling unit may be required. However, if the
accessory dwelling unit replaces an existing garage, carport, or covered parking structure,
replacement spaces must be provided to meet the requirements of Title 17.38 (Off-Street Parking
Requirements) of the Municipal Code but may be provided as covered spaces, uncovered
spaces, tandem spaces, or mechanical parking lifts.

e. No new or separate utility connection directly between the accessory dwelling unit and the
utility may be required.

3. Accessory Dwelling Units, New Construction, shall additionally conform with the following:

a. The lot proposed for the accessory dwelling unit must be 6,000 square feet or larger.

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b. All of the existing and proposed structures may not exceed the allowed floor area ratio for the
lot.

c. An attached accessory dwelling unit constructed as an addition to an existing single-family


home shall not exceed the height of the existing single-family home. Detached accessory
dwelling unit shall have a maximum height of 12 feet and shall comply with all applicable
setback standards.

d. An accessory dwelling unit attached to the existing single-family home shall have a minimum
floor area of 150 square feet and the maximum floor area shall not exceed fifty percent of the
living area of the existing single family home. A detached accessory dwelling unit shall have a
minimum floor area of 150 square feet and maximum floor area of 600 square feet.

e. One additional parking space shall be provided per bedroom, which may be provided as
tandem parking on an existing driveway, and shall meet applicable setback requirements for
parking. Notwithstanding this provision, no additional parking is required for accessory dwelling
units located within one-half mile of a public transit stop or car share vehicle pickup location,
located entirely within an existing primary residence or an existing accessory structure, within an
architecturally and historically significant historic district, or otherwise exempt under Government
Code Section 65852.2(d) or successor provision.

f. If the accessory dwelling unit replaces an existing garage, carport, or covered parking
structure, replacement spaces must be provided to meet the requirements of Title 17.38 (OffStreet Parking Requirements) of the Municipal Code but may be provided as covered spaces,
uncovered spaces, tandem spaces, or mechanical parking lifts. Accessory dwelling units
constructed above an existing garage have a minimum side-yard setback of 3 feet and rear-yard
setback of 5 feet.

g. A separate utility connection between the accessory dwelling unit and all utilities shall be
required; and

h. The accessory dwelling shall be constructed with facade materials similar in texture and
appearance to the primary dwelling, including but not limited to roofing, siding, and windows and
doors.

Subordinate Units. The City has four classes of subordinate residential units as described in
Chapter 17.68 CMC, Use Classifications. The following regulations apply to these specific classes.

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1. General Standards for Class II, III and IV Subordinate Units.


a. Only one subordinate unit shall be allowed on any single-family building site.
b. The subordinate unit shall comply with the minimum health and safety standards in the Uniform
Housing and Building Codes and the standards for efficiency units in the Uniform Building Code
(UBC) as follows:
i. The unit shall have a minimum living area of 220 square feet.
ii. The unit shall provide a kitchen sink, cooking appliance and refrigerator facilities, each
having a clear working space of not less than 30 inches in front.
iii. The unit shall have sufficient light and ventilation for living and kitchen use.
iv. The unit shall provide a separate bathroom, containing a water closet, lavatory and
bathtub or shower.
v. The unit shall have electrical or gas service, water service and sewer service.
vi. The unit shall have a minimum ceiling height of seven feet, six inches.
vii. The unit shall have heating facilities capable of maintaining a room temperature of 70
degrees at a point three feet above the floor.
c. No nonconformities shall be created, increased, or enlarged.
d. No detached subordinate unit shall exceed the maximum allowable size of a guesthouse.
e. Class III and Class IV units located on sites of less than 6,000 square feet in area shall be
attached to the primary dwelling.
f. All attached Class III units shall provide for future interaccessibility, and shall be designed to
facilitate conversion of the unit into living space within the primary dwelling. A plan for conversion
must be submitted with the application.
g. Class III units located on sites of 6,000 square feet or greater and all Class IV units may be
attached or detached. Detached units shall be designed for conversion to a guesthouse. A plan for
conversion must be submitted with the application.

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h. All unregistered Class II, Class III, and Class IV subordinate units shall be recognized as illegal
and subject to the enforcement procedures found in Division VI.
2. Regulations Applying to Specific Classes.
a. Class II. Class II units are subject to the general standards and convertibility provisions of
subsection (F)(1) of this section and to the following:
i. The property owner shall either maintain the primary or the subordinate unit for his or her
own use, or may rent or lease both dwellings. If both dwellings are rented or leased, the
rental or lease terms shall be at least one year.
ii. Detached subordinate units on sites of less than 6,000 square feet shall not be enlarged or
increased in size.
iii. Demolition of more than 50 percent of the value of the structures on a site containing a
Class II unit shall require termination of the use and removal of the unit.
b. Class III. Class III units are subject to the General Standards and Convertibility provisions of
subsection (F)(1) of this section, and the following:
i. Documentation or evidence shall be submitted to verify that a hardship exists and that
granting approval of the use permit to authorize a subordinate unit is warranted. Use permits
shall be issued for a specified time period based on the anticipated length of the hardship
and shall be recorded with the Monterey County Recorders Office.
ii. All use permits for Class III subordinate units shall expire upon termination of the specific
hardship for which it was granted or upon reaching its time limit, whichever occurs first. Such
removal or conversion shall occur within six months of permit expiration.
c. Class IV. Class IV units are subject to the general standards and convertibility provisions of
subsection (F)(1) of this section, and the following provisions:
i. Class IV units must meet affordable housing standards for low-income or very low-income
households as defined for the Carmel area by California Statutes. Verification as affordable
housing shall be supplied in a manner approved by the City.

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ii. Once established, Class IV units must remain as affordable units until converted to space
within the single-family residential dwelling or converted to a guesthouse with a use permit
per subsection (C) of this section.
GH. Single-Family Residential Dwellings. The following regulations apply to all single-family residential
dwellings:
1. Not more than one dwelling unit is allowed per building site except as provided for subordinate accessory
dwelling units.
2. All portions of a single-family dwelling must have full interaccessibility, with the exception of registered
accessory dwellingsubordinate units and guesthouses.
3. No single-family dwelling of substantially identical design as any existing building or any approved building
shall be allowed on any site located on the same street between the two adjoining cross streets.
4. No proposed single-family dwelling shall be approved that is of substantially similar architecture, building
massing, front setback or height as any existing building, or any approved building, located immediately
adjacent to the proposed project and facing the street. (Ord. 2004-02 1, 2004; Ord. 2004-01 1, 2004).

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