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Agenda packet

Carmel-by-the-Sea City Council
October 2, 2023

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Agenda packet
Meeting
October 2, 2023
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Carmel-by-the-Sea City Council
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Text extracted from the city's file for reading and search. Open the original on carmelbytheseaca.api.civicclerk.com. That file is the official record.

CITYOF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA
Mayor Dave Potter, Councilmembers Jeff Baron,
Alissandra Dramov, Karen Ferlito, and Bobby
Richards
Contact: 831.620.2000 www.ci.carmel.ca.us
All meetings are held in the City Council Chambers
East Side of Monte Verde Street
Between Ocean and 7th Avenues

CITY COUNCIL SPECIAL MEETING
Monday, October 2, 2023
4:30 PM

HYBRID MEETING ATTENDANCE OPTIONS
This meeting will be held in person and via teleconference ("hybrid"). The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties accessing Zoom. The City will do its best to resolve any technical issues as quickly as possible. To view or listen to the meeting from home, you may also watch the live stream on the City's YouTube page at: https://www.youtube.com/@CityofCarmelbytheSea/streams. To participate in the meeting via Zoom, copy and paste the link below into your browser.
https://ci-carmel-ca-us.zoom.us/j/84456501219 Meeting ID: 844 5650 1219 Passcode:
421225 Dial in: (253) 215-8782

HOW TO OFFER PUBLIC COMMENT
The public may give public comment at this meeting in person, or using the Zoom teleconference module, provided that there is access to Zoom during the meeting. Zoom comments will be taken after the in-person comments. The public can also email comments to [email protected]. Comments must be received at least 2 hours before the meeting in order to be provided to the legislative body. Comments received after that time and up to the beginning of the meeting will be made part of the record.

CALL TO ORDER AND ROLL CALL

OPEN SESSION

PUBLIC APPEARANCES
Members of the Public are invited to speak on any item that does not appear on the Agenda and that is within the subject matter jurisdiction of the City Council. The exception is a Closed Session agenda, where speakers may address the Council on those items before the Closed Session begins. Speakers are usually given three (3) minutes to speak on any item; the time limit is in the discretion of the Chair of the meeting and may be limited when appropriate. Applicants and appellants in land use matters are usually given more time to speak. If an individual wishes to submit written information, he or she may give it to the City Clerk. Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting.

CONSENT AGENDA
Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.

1. August 30, 2023, Special Meeting Minutes, September 11, 2023, Special Meeting Minutes, and September 12, 2023, Regular Meeting Minutes

2. August Monthly Reports

3. August 2023 Check Register Summary

4. Consider Ordinance No. 2023-006 (second reading), which would amend the Carmel Municipal Code (CMC) Title 17 (Zoning) by repealing and replacing chapter 17.46 (Telecommunications and Wireless Facilities) and making conforming amendments to Zoning Code sections 17.08.040, 17.12.020, 17.14.030, 17.14.220, 17.18.030,

17.40.070, 17.52.150, 17.54.010, 17.54.040, 17.54.080, 17.58.030, 17.58.040,

17.68.070, 17.70.010 and 17.70.020 and to municipal code sections 12.08.050,

12.08.060, 13.28.070; and finding the same exempt from the California Environmental Quality Act and in full conformance with the City’s Local Coastal Program and the California Coastal Act

5. Resolution 2023-092 authorizing the City Administrator to execute a Professional Services Agreement with Carmel Chamber of Commerce for Visitor Center operations and services for a not-to-exceed amount of $60,000 and a term expiring on June 30, 2024

6. Resolution 2023-093 approving a supplemental budget appropriation to the Fiscal Year 2023-24 Adopted budget for Discretionary Grants in the amount of $5,000 for the Carmel High School Mock Trial Team

7. Resolution 2023-094 authorizing a $3,033 contribution to Interfaith Homeless Emergency Lodging Program (I-HELP) for emergency homeless shelter services

8. Resolution 2023-095 Approving the Reformation of the Climate Committee

9. Resolution No. 2023-096, approving the conversion from an uncontrolled to a 1-way stop-controlled intersection at Lincoln Street and First Avenue, and from an uncontrolled to a 2-way stop controlled intersection at Lincoln Street and Second Avenue

10. Resolution 2023-097 authorizing the City Administrator to purchase two (2) Dodge Ram 1500 Police Special Service Vehicles (SSV) Crew Cab 4X4 trucks from My Jeep-Chrysler-Dodge-Ram, not exceeding $90,000

11. Resolution 2023-098 amending the professional services agreement with Joseph Systems, Inc. dba J4 Systems to increase the agreement amount by $21,841.70 resulting in a new not-to-exceed amount of $81,840.70

CLOSED SESSION
A. Public Employee Performance Evaluation pursuant to Government Code Section 54957; Title: City Administrator

ADJOURNMENT
This agenda was posted at City Hall, Monte Verde Street between OceanAvenue and 7thAvenue, Harrison Memorial Library, located on the NE corner of Ocean Avenue and Lincoln Street, the Carmel-by-the-Sea Post Office, 5th Avenue between Dolores Street and San Carlos Street, and the City's webpage http://www.ci.carmel.ca.us in accordance with applicable legal requirements.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THEAGENDA Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this agenda, received after the posting of the agenda will be available for public review at City Hall located on Monte Verde Street between Ocean and Seventh Avenues during regular business hours.

SPECIAL NOTICES TO PUBLIC
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office at 831-620-2000 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to the meeting (28CFR 35.102-35.104 ADA Title II).

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
October 2, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

August 30, 2023, Special Meeting Minutes, September 11, 2023, Special Meeting Minutes, and September 12, 2023, Regular Meeting Minutes RECOMMENDATION:

Approve Draft Minutes.

BACKGROUND/SUMMARY:

The City Council routinely approves minutes of its meetings.

FISCAL IMPACT:

None.

PRIOR CITY COUNCIL ACTION:

None
ATTACHMENTS:

Attachment 1) August 30, 2023 Special Meeting Minutes
Attachment 2) September 11, 2023, Special Meeting Minutes Attachment 3) September 12, 2023, Regular Meeting Minutes

CITY COUNCIL

SPECIAL MEETING MINUTES
August 30, 2023

CALL TO ORDER AND ROLL CALL
Mayor Dave Potter called the meeting to order in Carpenter Hall at the Sunset Center at 10:00 a.m.

Roll Call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito, Mayor Pro Tem Bobby Richards, and Mayor Potter were all present.

PUBLIC APPEARANCES
Mike Buffo said he is still very interested in the Flanders Mansion project. Ken White and Laura Bolling spoke about the Carmel Area Wastewater District (CAWD) board meeting discussions regarding the development of a “Bridge to Everywhere” to construct a safe crossing over the Carmel River and invited the public to attend future meetings. Nancy Twomey said she would like to see the City develop a Downtown Master Plan and having a big picture plan for downtown would help guide many of the priority projects. Brian Sours spoke about the deteriorating state of the City’s beach infrastructure and sand erosion problems and asked for Council to address these critical repairs before the next storm season. Karyl Hall asked Council to consider having the Planning Commission involved in the process of deciding where to install Flock Cameras and allow for the public to give their input.

ORDERS OF BUSINESS

1. Conduct a workshop/retreat to discuss the City Council’s Strategic Priority Projects, gather input from the public, and provide direction to staff regarding prioritization of each project on the list. City Council may give directions to staff during strategic planning, however, any actions to implement such directions will be considered at future scheduled Council meetings.

City Administrator Rerig gave a brief introduction of the item. He mentioned that yesterday the Council received the results of a community survey on Council priorities conducted by the Carmel Residents Association (CRA), as well as a separate survey on the Parking Management Program conducted by the Carmel Chamber of Commerce. He highlighted the 8 (eight) Council Priorities that have been completed to date:

1. Develop a Multi-Pronged Financial Strategy to Address Pension Liability

2. Restructure Peninsula Messenger Service for At-Home Letter Delivery

3. Develop Organics/Recycling Ordinance

4. Forest Theater Facilities Manager

5. Review and Update Sign Ordinance
Attachment 1
August 30, 2023, CC Minutes

Page 2 of 9 ends

6. Filling Vacancies

7. Pandemic Recovery

8. Update Purchasing Policy
City Administrator Rerig summarized the status of the following 22 currently active Council Priorities, including the percentage completed since the last workshop in January, and staff’s projection through the end of the year. Mayor Potter opened public comment for input on each priority.
1) Update Zoning Code and Design Guidelines (Residential & Commercial) AND Explore Reinstatement of the Design Review Board (DRB) – 75% complete – Top Priority
Staff reported that the two combined projects are making good progress towards being completed towards the end of the year and anticipate that adoption hearings will begin in early 2024. Staff reiterated that since both projects need to go before the Coastal Commission for approval it is a lengthy process and requires copious staff resources. Councilmember Baron suggested that Board and Commission Member onboarding and training be thoroughly conducted, especially if the DRB is reinstated.

Public Comment:

Nancy Twomey
2) Develop Accessory Dwelling Unit (ADU) Ordinance – 75% complete – Top Priority Staff reported that the draft ADU Ordinance is making progress and is projected to go before the Planning Commission for review in November 2023. City Administrator Rerig explained that staff capacity is a major factor in the timeline for bigger projects, such as this one. He suggested that Council consider utilizing consultants to continue to move priorities through to completion. 3) Develop Telecommunications Ordinance Consistent with Federal Law – 85% complete – Top Priority
Staff reported that the draft Wireless Telecommunication Ordinance will be introduced at the September 12th Council meeting, and the final ordinance is on schedule to be adopted before the end of the year.

Public Comment:

Tasha Witt
4) Explore Opportunities for Permanent Outdoor Dining – 25% complete Staff reported that this item has no significant update as it has not been identified as a Top Priority.

Council discussed the idea of adding or modifying this priority as “Developing a Downtown Master Plan”.

Attachment 1
August 30, 2023, CC Minutes

Page 3 of 9 ends

5) Review Barriers to Construction of Affordable Housing – 75% Complete – Top Priority
Staff reported that the Draft Housing Element, which addresses several barriers to affordable housing construction, was submitted to the California Department of Housing for review. Staff anticipates the State will provide their comments towards the end of the year, which will be incorporated, and the final Housing Element will be presented to Council for review and adoption.

Public Comment:

Nancy Twomey
6) Explore Redevelopment of the North Lot at Sunset Center – 0% Complete Staff reported that the Sunset Center North Lot was included in the Draft Housing Element as an affordable housing opportunity site. Staff added that due to staff capacity, other higher priority items, and the cost of redevelopment, there is no further projection at this time.

Public Comment:

Nancy Twomey
Ken White
7) Police/Public Works Building Renovation Project – 20% Complete – Top Priority City Administrator Rerig said this item is possibly the highest priority on the list. He added that since the last workshop an Architect was selected, and the condition assessment is in progress.

He said that staff projects that the consultant will have concept plans and cost estimates for renovation options and new facility presented to Council in a report by early 2024. He added that staff continues to meet with the ad hoc committee, and future exploration of a bond to finance the project may be necessary. Councilmember Baron commented that the current percentage complete be amended to 30%.

Public Comment:

Karyl Hall
Nancy Twomey
Tasha Witt
8) Review Opportunities for Enhanced Fire/Ambulance Services – 10% complete – Top Priority
City Administrator Rerig said that the City is exploring new opportunities for enhanced Fire and Ambulance Services through a Joint Powers Agreement (JPA), a recommendation which originated from a past ad hoc committee. Councilmember Baron said he would like Council to explore other options aside from a JPA, such as contracting services with Cal Fire. Mayor Potter agreed and said future discussion on this topic should include reinstating an ad hoc committee.

Attachment 1
August 30, 2023, CC Minutes

Page 4 of 9 ends

Public Comment:

Brian Sours
Tim Twomey
9) Develop a plan to ensure that the City’s natural areas, as well as private property, are properly maintained to reduce fire risk – 55% Complete – Top Priority City Administrator Rerig said that following the tragic wildfires in Lahaina, Maui, reducing fire risk remains a top priority as staff continues to focus on removing fire fuel and working on other fire mitigation measures. Fire Chief Panholzer reported that the Community Wildfire Protection Plan (CWPP) draft will be presented to Council in the next couple of months. Councilmember Ferlito said it is vital to remain proactive through educating the community on ways to reduce fire risk, routine inspections, removing dead trees, tree pruning, and developing a citywide evacuation plan.

Public Comment:

Tasha Witt
Melanie Billig
Ken White
Sam Farr
JC Myers
Susan Vierre
Kevan Urquhart
Karyl Hall
Harvey Billig
10) Develop Urban Forest Master Plan (UFMP) & Update Tree Ordinance – 60% complete – Top Priority
Staff reported that the Forest and Beach Commission, Public Works, and Davey Resource Group consultants have been diligently working on the process of drafting the UFMP, finalizing a community survey, and holding public workshops. Staff reported they are on track to have the first draft of the UFMP for Council review toward the end of the year.

Public Comment:

Nancy Twomey
Dale Byrne
Tasha Witt
Melanie Billig
11) Stormwater Ordinances Update – 90% Complete – Top Priority Staff reported that the draft Ordinance is nearly complete and will be presented to Council for a first reading in the next couple of months and is on track to be adopted by the end of the year.

Attachment 1
August 30, 2023, CC Minutes

Page 5 of 9 ends

12) Volunteer Group Oversight/Facilitation – 75% complete City Administrator Rerig said that volunteer group facilitation, coordination, and oversight is an ongoing effort. Councilmember Ferlito suggested renaming the priority as “Volunteer Oversight, Facilitation, and Appreciation”, and advocated for celebrating, utilizing, and highlighting the wonderful volunteer groups in the community.

Public Comment:

Tasha Witt
RECESS
Council took a recess at noon and resumed the meeting at 12:35 pm. 13) Increase Beautification Efforts – Ongoing – 50% complete – Top Priority Staff reported that ongoing beautification efforts and coordination with Carmel Cares and other volunteer groups continues. Staff added that tree planting and median island landscaping continues to beautify the village. Council discussed the need for more frequent sidewalk and trashcan cleaning and creating incentives for business owners to pitch in. Mayor Potter suggested a quarterly award to the business who has the most clean/beautiful business front and sidewalk area as an incentive.

Public Comment:

Tasha Witt
JC Myers
Kelly Francis
Dale Byrne
14) Develop a Facilities Maintenance Plan (Facility Renovation Projects) – 45% Complete – Top Priority
Staff reported on the progress that is being made on various CIP projects, the City Hall parking lot retaining wall is completed, and other projects have completed design plans. Staff added that the current economy and inflation have resulted in facility renovation bids coming in at almost double the estimated cost, resulting in delays. Staff reported they are strategizing ways to work around these issues, and are continuing to obtain quotes for other projects.

Public Comment:

Dale Byrne
Attachment 1
August 30, 2023, CC Minutes

Page 6 of 9 ends

15) Underground Utilities Rule 20A – 40% Complete – Top Priority Staff reported that two preliminary concepts for undergrounding were submitted to PG&E, and both met criteria for funding through Rule 20A. Staff added that in November staff will submit the two options to council as well as a white paper regarding establishing an Assessment District and submit documents to PG&E to “lock in” allocations. Staff notes that it will be a long process and to expect a backlog for PG&E’s construction and that the California Public Utilities Commission (CPUC) rules may present challenges. Councilmember Baron suggested forming an ad hoc committee for this item to address a utilities assessment district.

Public Comment:

Dale Byrne
Tasha Witt
16) Explore Opportunities for Scout House – 35% Complete – Top Priority Staff reported that a Request for Proposals (RFP) for renovation, activities programming and facility maintenance was released but no proposals were received. Staff requested further direction from Council to explore other opportunities for the Scout House based on the California Department of Housing and Community Development (HCD) findings.

Public Comment:

Nancy Twomey
Tasha Witt
Dale Byrne
17) Coastal Engineering Study and Climate Committee – 20% Complete Staff reported that Consultants are preparing Coastal Engineering Study (CES) and that the Shoreline Infrastructure Condition Assessment was presented to Forest & Beach Commission in March, and the Beach Sand Survey was presented to the commission in August. Staff also projected that by the end of the year an RFP for a coastal engineering firm will be released, and staff will request Council approval to enter into an agreement with the selected firm.

Public Comment:

Kelly Brezoczky
18) Review/Reformulate Approach to Reserves/Update Financial Policies – 35% Complete – Low Priority
Staff reported that the Fiscal Year 22-23 financial audit will provide the Finance Manager the opportunity for thorough review and updates to policies.

Public Comment:

Tasha Witt
Attachment 1
August 30, 2023, CC Minutes

Page 7 of 9 ends

19) Develop and Implement Social Media Plan – 50% Complete – Low Priority Staff reported that the City recently launched a City website refresh, however, more funds may be needed to make additional improvements. Staff is seeking direction on whether this should remain a priority or change the scope. Councilmember Ferlito said that future discussion on the best methods for communicating with residents, such as via newsletters, or other methods for emergencies. Councilmembers Baron and Dramov suggested renaming the priority to something else other than social media plan, such as communication with residents.

Public Comment:

Nancy Twomey
Tasha Witt
20) Explore Opportunities for Flanders Mansion – 10% Complete – Top Priority Staff is seeking Council direction on the next steps, priority level, and timeline for the Flanders Mansion project.

Public Comment:

Tasha Witt
21) Street Addresses – 30% Complete – Top Priority
Staff reported that they are continuing to research options for street addresses while continuing to build a relationship and communicate with the Carmel postmaster. Staff will provide an update to Council within the next couple of months providing options. Councilmember Ferlito commented that by not having street addresses the City is not in compliance with existing Fire Code that states that new and existing buildings are required to have “an approved address…with the numbers plainly visible from the road”.

Public Comment:

Betty Kullas
Nancy Twomey
David O’Neil
Tasha Witt
Melanie Billig
Kevan Urquhart
Susan Viere
Harvey Billig
JC Myers
Tim Twomey
Attachment 1
August 30, 2023, CC Minutes

Page 8 of 9 ends

22) Explore Parking and Traffic Management Program – 50% Complete – Top Priority City Administrator Rerig announced that Council will receive an update from the consultant on the Parking and Congested Traffic (PACT) Program at the October 3rd City Council meeting to allow the residents more time to submit their feedback.

Public Comment:

Betty Kullas
City Administrator Rerig mentioned two items which were previously identified by Council as a possible new priorities:
1) Outdoor Wine Tasting - Ordinance Modification
2) Carmel Area Waste Water District (CAWD) - Carmel River Bridge Council gave consensus direction that both items will be discussed at a future meeting whether to add to the list of priorities. City Administrator Rerig recommended that if CAWD is added to the list it be a low priority. Community Planning and Building Director Swanson said that further direction from Council is needed to proceed with an Outdoor Wine Tasting Ordinance. Mayor Potter suggested a Wine Tasting Ordinance ad hoc committee, consisting of himself and Councilmember Baron, and further direction would be given to staff at the October Council meeting.

Public comment:

Kim Stemler
City Administrator Rerig summarized a list of items currently being worked on that require much staff capacity to complete to keep in mind when adding priorities:
• Beach Fire Ordinance
• Historic Context Statement Update (Round 2) – grant funds from the state to hire a consultant to help format and update language.
• Sign Ordinance Revision
• Timeshare Ordinance
• Update General Plan Safety Element
• Round 2 of Scanning/Digitizing - all of the rolled up plans at Vista Lobos • Establish a formal Citywide policy/ordinance regarding the use of copper for water conveyance (gutters, downspouts, scuppers, roofing, etc) Councilmember Baron requested that Council consider adding the following items to the list of priorities:
• Transient Occupancy Tax (TOT) Increase - explore getting on the 2024 ballot as a possible revenue source for City Infrastructure such as the new Police Department building. • Board and Commissioner training.
• Undergrounding Power Lines – as a bigger project, separate from Rule 20A, appointing an ad hoc committee.

Attachment 1
August 30, 2023, CC Minutes

Page 9 of 9 ends

• Car Week Impacts – Safety, preparedness
Mayor Pro Tem Richards said he would like to form an ad hoc with himself and Baron to discuss Fire and Ambulance ad hoc, as well of some members of the public that were on the previous ad hoc such as Tim Twomey. Councilmember Ferlito said she would like to discuss use of the Rio Park that is not currently annexed when addressing the CAWD Bridge to Everywhere Project.

ADJOURNMENT
Council adjourned at 2:14 pm.

SIGNED: ATTEST:
______________________________ __________________________________ Mayor Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1

CITY COUNCIL

SPECIAL MEETING MINUTES
September 11, 2023

CALL TO ORDER AND ROLL CALL
Mayor Potter called the meeting to order at 4:30 pm.

Roll Call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito, Mayor Pro Tem Bobby Richards, and Mayor Potter were present.

PUBLIC APPEARANCES
None

CLOSED SESSION
City Attorney Brian Pierik read the closed session titles.

A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: GTE Mobilnet of California Limited Partnership v. City of Carmel-by-the-Sea; US District Court Case No. 22-16153
B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (One case – Claim by Kostigen Family Trust)

ADJOURNMENT
APPROVED: ATTEST:
__________________________________ _________________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL

REGULAR MEETING MINUTES
September 12, 2023
TOUR OF INSPECTION - 3:30 p.m.

Council conducted a tour of inspection at the following locations:

1. Southeast Corner of Dolores Street and 7th Avenue (JB Pastor Building)

2. Pine Inn Parking lot NE corner of Monte Verde and 6th OPEN SESSION 4:30 p.m.

CALL TO ORDER AND ROLL CALL
Mayor Dave Potter called the meeting to order at 4:30 p.m.

Roll Call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito, Mayor Pro Tem Richards, and Mayor Dave Potter were all present.

PLEDGE OF ALLEGIANCE
Mayor Potter led the pledge of allegiance.

EXTRAORDINARY BUSINESS
Proclamation for September as Childhood Cancer Awareness Month Mayor Pro-Tem Richards read the Childhood Cancer Awareness Month Proclamation - Presented to Jacob’s Heart.

Carmel High School Report Out
Shayla Dutta, Carmel High Student and CHS Mock Trail Team President gave a summary of the Mock Trial Academic Team and thanked the Council for their generous donation supporting the team last year. She said that this year they have the honor to attend the World Championship Mock Trial in Chicago again this November and asked for the Council’s support to sponsor the team to attend.

PUBLIC APPEARANCES
Ovilee Kennedy spoke about concerns that 6 oak trees that were removed from her property by the previous Forester, resulting in lack of privacy and sound barrier, and requested that the Forester come back to plant replacement trees. Nancy Twomey, representing the Carmel Residents Association (CRA), asked the City to consider the results of the CRA survey results when making decisions and asked that the City provide an update on the comments received from the State on the City’s Housing Element. Richard Kreitman asked the Council to consider Attachment 3
September 12, 2023 CC Minutes

Page 2 of 8 ends

moving the Scout House building to another location, such as the Sunset Center lot, then the land under the Scout House could be sold.

ANNOUNCEMENTS
City Administrator - Thanked the Police Department, Public Works, and Community Activities staff for ensuring a safe Car Week event in the village and encouraged everyone to take the car week survey on the city’s website. He said that last week he attended a promotional ceremony at the Fire Station for the personnel receiving their official promotions. He announced that the HCD has not mentioned any comments on the City’s Housing Element.

City Attorney - City Attorney Pierik announced that there was no reportable from Closed Session on September 11, 2023.

Councilmember Dramov - Announced that the Police Flock Camera ad hoc committee met yesterday and asked anyone who has questions about the cameras to contact them.

Councilmember Ferlito - Attended a ReGen meeting and learned about the many dangers of batteries in garbage bins that end up in landfills which can cause spontaneous fires, and cautioned the public to dispose of batteries correctly by placing them on top of the garbage cans.

Mayor Pro Tem Richards - Reported that he recently visited the beautiful town of Carmel, Indiana, which is frequently confused with Carmel-by-the-Sea.

Mayor Potter - Reported that he attended the Monterey Symphony performance last week entitled “Love Letter from Carmel” at the Sunset Theater and noted the amazing performance.

CONSENT AGENDA
City Clerk Romero requested that item #8 be removed from consent and continued to October to make corrections to the Resolution verbiage.

Motion by Mayor Pro Tem Richards to adopt Consent agenda items 1-7, and 9-13, seconded by Councilmember Baron, and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 1 - July 31, 2023 Special Meeting Minutes, and August 1, 2023, Regular Meeting Minutes Item 2 - July 2023 Monthly Reports
Attachment 3
September 12, 2023 CC Minutes

Page 3 of 8 ends

Item 3 - July 2023 Check Register Summary
Item 4 - Resolution 2023-081, authorizing the City Administrator to apply for and accept funds from the California Coastal Commission Local Coastal Program Local Assistance Grant Program for the Coastal Engineering and Adaptation Planning Project Item 5 - Resolution 2023-082, rejecting all bids received for four Facility Renovation Projects, and directing staff to evaluate alternative contracting methods before re-advertising for Bids Item 6 - Resolution 2023-083, authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement with BKF Engineers for the Concrete Streets Repair Project, for a not-to-exceed fee of $49,092
Item 7 - Resolution 2023-084 authorizing the City Administrator to execute Amendment No.1 with Digital Deployment, Inc. for website and hosting services for a new not to exceed amount of $181,150 and extend the contract through June 30, 2028
Item 9 - Resolution 2023-086 authorizing and approving the City of Carmel-by-the-Sea current pay rates and ranges (salary schedule)
Item 10 - Resolution 2023-087 Accepting a Donation of $7,500 for the Carmel-by-the-Sea Police Department
Item 11 - Resolution 2023-088 Accepting a Donation of Twenty-Five Thousand Dollars ($25,000.00) to the City of Carmel-by-the-Sea’s Forest Hill Park Item 12 - Adopt Resolution 2023-089 authorizing a refund of a Mills Act application fee in the amount of $2,688 to Chris Fenton
Item 13 - Adopt Resolution 2023-090 authorizing a refund of a Mills Act Contract application fee in the amount of $2,688 to Katherine Shaw

ITEMS PULLED FROM CONSENT
Item 8 - Resolution 2023-085 authorizing the City Administrator to execute a Professional Services Agreement with Carmel Chamber of Commerce for Visitor Center operations and services for a not-to-exceed amount of $60,000 and a term expiring on June 30, 2024 City Clerk Romero requested to pull this item from consent and bring it back in October with corrections made to the Resolution verbiage. Council gave consensus approval to continue this item to the October Council Meeting.

PUBLIC HEARINGS
Attachment 3
September 12, 2023 CC Minutes

Page 4 of 8 ends

Item 14 - Consideration of initiating amendments to the General Plan and Local Coastal Plan to change the General Plan land use designation for the Pine Inn parking lot (APN 010-212-010) from Single-Family Residential to Multi-Family Residential and facilitate the transfer of hotel rooms from the Pine Inn to the Pine Inn parking lot.

Principal Planner Marnie Waffle gave a presentation on the item and answered questions from Council. She asked Council to provide direction to staff and the applicant regarding initiating a General Plan/Local Coastal Plan Amendment and associated rezoning of the Pine Inn parking lot.

Applicant Erik Dyar spoke and gave a presentation to Council about the potential proposed design plans to the Pine Inn parking lot.

Public Comment:

Cindy Lloyd, Ian Martin, Victoria Beach, and Donald Goodhue, spoke in favor of applicant Erik Dyar’s proposed plan. Mike Brown asked about the number of parking spots that will be added, if any, to accommodate the additional units. Anne Carwile said she owns the cottage right by the Pine Inn and said she is opposed to the proposed plan due to traffic concerns and the blocking of views and would like to see regular housing rather than more hotel rooms.

Erik Dyar stated that the number of rooms at the Pine Inn would not be increased, just moved. He proposed traffic control measures for entering and leaving the parking lot, light mitigation measures.

Council discussion resumed. Council discussed the advantages and disadvantages to re-zoning the property for R-4 residential. Councilmember Dramov and Baron voiced their concerns about rezoning this property.

Council gave consensus direction supporting the initiation of a General Plan and Local Coastal Plan Amendment and associated rezoning of the Pine Inn parking lot.

Item 15 - Review the Historic Resources Board’s July 17, 2023 decision to issue a Determination of Consistency with the Secretary of the Interior’s Standards for the construction of a 15,351- square-foot mixed-use building with a 9,805-square-foot subterranean garage on a portion of the Northern California Savings & Loan Complex site, and consider adoption of Resolution 2023-091 upholding the Determination of Consistency and conditions of approval for the construction project DR 23-140 (Esperanza Carmel Commercial – JB Pastor Building) Mayor Pro Tem Richards said he has a conflict of interest with this project and recused himself from the item, and left the dais at 5:38 p.m.

City Attorney Pierik read the title of the item. Evan Kort submitted a staff report for this item, which summarizes the following:

Attachment 3
September 12, 2023 CC Minutes

Page 5 of 8 ends

• The applicant for the project DR 23-140 (Esperanza Carmel Commercial – JB Pastor Building) proposed relocating the concrete ornamental wall (“wall”) at the Palo Alto Savings and Loan Complex on the Southeast Corner of 7th Avenue and Dolores Street. • The Historic Resources Board (HRB) issued a Determination of Consistency with the Secretary of the Interior’s Standards to proceed with the project on July 17, 2023. • During the 10-day appeal period, two Councilmembers, Dramov and Ferlito enacted the City Council Right of Review per CMC 2.04.160 to review the decision made by the HRB both specifically noting the relocation of the concrete wall as the primary concern.

Council Members Dramov and Ferlito addressed their specific concerns about the relocation of the wall, stating that it is a historic and artistic wall, and the project is not consistent with the Secretary of Interior’s Standards.

The applicant for the Project spoke about the project and mentioned that he has been working with the City Planners and Historian to preserve the historical element of the wall by relocating the wall. He requested that the City Council uphold the decision of the HRB. Ryan Eshman, on behalf of the applicant, spoke in favor of the HRB’s decision and said he disagreed that the proposed project is inconsistent with the Secretary of Interior’s standards, and reiterated that relocating the wall is a good compromise.

Public Comment:

Craig Gross
Neal Kruse
Logan Allison
Donald Goodhue
Ian Martin
Cindy Lloyd
Christy
Mike Brown
David O’Neil
Carolyn Walker Davis
Libby Barnes
Victoria Beach
Council considered the staff reports, attachments, recommendations, and testimony given.

Councilmember Dramov made a motion to overturn the HRB’s decision, based on violation of the Secretary of Interior Standards #2, #5 and #9, and direct staff to return with a modified Resolution in October including the following conditions and requirements: 1) require the applicant to modify their project plans to maintain spatial relationship with the wall, 2) the bulk and mass (site context) in the front of the building facing Dolores be preserved, 3) the new building be 4-5 feet away from the wall, 4) the nails be removed and nail holes be repaired, 5) the modified project design review plans be reviewed and Attachment 3
September 12, 2023 CC Minutes

Page 6 of 8 ends

approved by the Planning Commission, seconded by Councilmember Ferlito, and approved 4-0-0-1 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: Mayor Pro Tem Richards (recused)
RECESS
Council took a recess at 7:00 pm and returned to the dais at 7:15 pm. Mayor Pro Tem Richards returned to the dais at 7:15 pm.

Item 16 - Introduction of Ordinance No. 2023-006 (first reading), which would amend the Carmel Municipal Code (CMC) Title 17 (Zoning) by repealing and replacing chapter 17.46 (Telecommunications and Wireless Facilities) and making conforming amendments to Zoning Code sections 17.08.040, 17.12.020, 17.14.030, 17.14.220, 17.18.030, 17.40.070, 17.52.150,

17.54.010, 17.54.040, 17.54.080, 17.58.030, 17.58.040, 17.68.070, 17.70.010 and 17.70.020 and to municipal code sections 12.08.050, 12.08.060, 13.28.070; and finding the same exempt from the California Environmental Quality Act and in full conformance with the City’s Local Coastal Program and the California Coastal Act; and, Adopt the "Administrative Detailed Wireless Facility Design Guidelines" approved by the Planning Commission
City Attorney Pierik read the title of Ordinance No. 2023-006. Community Building and Planning Director Swanson gave a presentation on the item and answered questions from Council. Gail Karish, Consultant Attorney from Best Best and Krieger answered legal questions from Council.

Councilmember Baron suggested amending the Ordinance so that only the Planning Commission needs to review and approve the application and remove the requirement HRB from needing to review the application to keep the process streamlined and avoid running out the “shot clock”.

Public Comment:

Craig Gross
Tasha Witt
Christy Hollenbeck
Logan Allison
Ken White
Nancy Twomey
Kaliani Gilliam
Jeanne Ferrara
Dylan Witt
Michael McWalters
Hannah Borris
Attachment 3
September 12, 2023 CC Minutes

Page 7 of 8 ends

Motion by Mayor Pro Tem Richards to read by title only, waive full reading and introduce Ordinance 2023-006, incorporating the additional language proposed to 17.46.070 “Posted and Hand Delivered Notices” that the Director shall provide the hand delivered postcard notice to neighbors within 100-foot radius of the site, and add additional language to

17.46.080(A)1.a regarding “or have an adverse impact on property values.” Motion Seconded by Councilmember Dramov.

Council discussion resumed.

Councilmember Baron made a friendly amendment to the motion to request removing Historic Resources Board (HRB) approval from the process. Amendment failed due to lack of second.

Councilmember Dramov made a friendly amendment to the original motion by Mayor Pro Tem Richards to amend the Ordinance language to state that the HRB review and Planning Commission review occur at a joint meeting. Amendment failed due to lack of second.

Mayor Pro Tem Richards re-stated his original motion, to read by title only, waive full reading and introduce Ordinance 2023-006, incorporating the additional language proposed to 17.46.070 “Posted and Hand Delivered Notices” that the Director shall provide the hand delivered postcard notice to neighbors within 100-foot radius of the site, and add additional language to 17.46.080(A)1.a regarding “or have an adverse impact on property values.” Motion Seconded by Councilmember Dramov.

Council discussion resumed.

Councilmember Baron asked if Council would agree to amend the motion on the table further, to amend Ordinance section 17.46.070.C to state that the Planning Commission or HRB “may hold a special meeting if required”, and 17.46.080.1.A amending the Ordinance language to state that the proposed wireless facility complies with all the applicable development design guidelines, and to move the property value section into the worksheet.

Council discussion resumed. Motion amendment by Councilmember Baron died due to lack of second.

Mayor Pro Tem Richards made a new motion, to read by title only, waive full reading and introduce Ordinance 2023-006 “clean version” proposed, with the following two amendments:
1) Amend the language in 17.46.070 (A) 1 to “the Director shall provide the hand delivered postcard notice to neighbors within 100-foot radius of the site”; and 2) Add additional language to 17.46.080(A)1.a regarding “or have an adverse impact on property values.”
Motion Seconded by Councilmember Dramov. City Attorney Pierik read the full title of Ordinance 2023-006.

Attachment 3
September 12, 2023 CC Minutes

Page 8 of 8 ends

Council approved the motion and introduced Ordinance 2023-006 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Council addressed the recommendation by staff to adopt the “Administrative Detailed Wireless Facility Design Guidelines” that was approved by the Planning Commission.

Motion by Mayor Pro Tem Richards to adopt the “Administrative Detailed Wireless Facility Design Guidelines” approved by the Planning Commission, seconded by Councilmember Dramov and approved 5-0-0-0 by the following roll call vote:

AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None

FUTURE AGENDA ITEMS
None

ADJOURNMENT
Council adjourned at 8:36 pm
SIGNED: ATTEST:

Mayor Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
October 2, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: August Monthly Reports
RECOMMENDATION:

Review and receive monthly reports.

BACKGROUND/SUMMARY:

This is a monthly series of reports:

City Administrator Contract Log - No contracts under $60K were executed in August Community Planning and Building Department Reports
Police, Fire, and Ambulance Reports
Public Records Act Requests
Public Works Department Reports
FISCAL IMPACT:

N/A
PRIOR CITY COUNCIL ACTION:

N/A
ATTACHMENTS:

Attachment 1) Community Planning and Building Department Reports Attachment 2) Police, Fire, and Ambulance Reports
Attachment 3) PRA Log
Attachment 4) Public Works Report for August 2023

CITY OF CARMEL-BY-THE-SEA
Monthly Report

Community Planning and Building Department
AUGUST 2023 – DEPARTMENT ACTIVITY REPORT
I. PLANNING PERMIT APPLICATIONS:

In August 2023, 40 planning permit applications were received.

II. BUSINESS LICENSE APPLICATIONS:

In August 2023, 4 business license applications were received.

III. BUILDING PERMIT APPLICATIONS:

In August 2023, 48 building permit applications were received.

IV. CODE COMPLIANCE CASES:

In August 2023, 25 new code compliance cases were created.

V. TRANSIENT RENTAL COMPLIANCE CASES:

In August 2023, 3 new transient rental compliance cases were created.

VI. ENCROACHMENT PERMIT APPLICATIONS:

In August 2023, 27 encroachment permit applications were received.

VII. TREE PERMIT APPLICATIONS:

In August 2023, 32 tree permit applications were received.

TO: Honorable Mayor and City Council Members

SUBMITTED BY: Leah Young, Administrative Coordinator
SUBMITTED ON: September 12, 2023
APPROVED BY: Brandon Swanson, Director of Community Planning and Building Attachment 1
VIII. YEAR-TO-DATE TRENDS
Table 1 includes the following August 2023 totals:
• Planning Permit Applications
• Business License Applications
• Building Permit Applications
• Code Compliance Cases
• Transient Rental Cases
• Encroachment Permit Applications
• Tree Permit Applications
August 2023 totals are provided alongside August 2022 totalsfor comparison. Compared to the same time period in the year 2022, Table 1 denotes percentage changes in the year 2023.

Table 1
Permit Application Totals and YTD Percentage Changes

PLANNING BUSINESS

LICENSES BUILDING CODE COMPLIANCE

TRANSIENT
RENTAL

COMPLIANCE
ENCROACHMENTS
TREE

REMOVAL &

PRUNING
2022 YTD
Totals 264 40 336 166 26 179 124
2023 YTD
Totals 276 51 418 135 26 187 278
YTD %
Difference + 4.55% + 27.50 % + 24.40% - 18.67% 0.00% + 4.47% + 124.19% Attachment 1
Page: 1 of 10
Planning Permit Report
08/01/2023 - 08/31/2023
Permit
#
Permit Type Project Description Address/Location Date
Received
Date
Approved
Status
23275 Design Study Replace existing stucco on
residence, remove rear
deck and paving, replace
asphalt driveway with new
pavers, and remove
storage closets from
carport to allow for fullsize carport. Install new
paver patio at back of
property, replace
composite shake roof with
new wood shake roof.

Casanova 2 SW of
2nd
8/31/2023 Pending
Assignment
23274 Design Review New Fence and Gate that
will sit in the front yard
Setback. New 4' high Gate
and Fence that will extend
6' into the 15' front yard
setback in accordance with
Table 17.10G. See related
Building Permit Submission
for ADU for existing and
proposed site plan
showing proposed fence
and gate.

Vizcaino 7 SW of
Mountain View
8/30/2023 Pending
Assignment
23273 Design Study Remodel and addition.

Existing residence to be
remodeled and new
exterior porch and bay
window to be added on
street elevation. New
bedroom wing to be added
to the rear of the existing
residence. Existing garage
to be removed and new
bedroom built in the foot
print, new garage to be
added.

Guadalupe St 3 SE
of Third St
8/30/2023 Pending
Assignment
23272 Design Study Minor landscape
improvements to existing
landscape, which includes
existing fencing repairs,
hardscape improvements,
new trellis, new planting,
and irrigation.

NW CORNER OF

SANTA LUCIA AND

MONTE VERDE
Pending
Assignment
Attachment 1
Page: 2 of 10
23271 Design Study Amend existing design
study 22-097 to include
the addition of a new
skylight.

San Antonio 4 NE
of 4th
8/29/2023 Pending
Assignment
23270 Design Study Addition of one skylight in
the shower and moving
one existing skylight
approx 2'.

Monterey 3 SW of
1st
8/29/2023 Pending
Assignment
23269 Design Study We are proposing to
replace an existing 10’
privacy hedge with a 10’
wood fence as is described
in the attached exhibits.
2981 Johnson Way Pending
Assignment
23268 Design Study PROPOSED: New detached
ADU with new pervious
decking and impervious
porch.

Carpenter St. 3 NE
of 3rd Ave.
8/28/2023 Pending
Assignment
23267 Sign Install retail sign above
window of Land & Sea Golf
located in Carmel Plaza
(Second Level of Land &
Sea, 3rd Floor of Plaza).

Current hanging sign on
first level of store will
remain unchanged.

Colorized rendering of
proposed wooden lettering
attached, in addition to
images of storefront at
present.

Ocean Avenue &
Mission Street,
Carmel Plaza, Suite
#212
8/29/2023 In Review
23266 Design Review Repaint the storefront of
Land & Sea Golf located in
the Carmel Plaza (Both
Floors). No structural /
trim changes will occur.

Colorized rendering
attached, in addition to
images of storefront at
present.

Ocean Avenue &
Mission Street,
Carmel Plaza, Suite
#212
8/29/2023 In Review
Attachment 1
Page: 3 of 10
23265 Design Study This revised design study
application is an
amendment to the
previously approved DS
22-287. The design study
amendment includes the
addition of a new redwood
deck in the front area with
cable railing to replace an
existing concrete patio,
new windows at the front
2nd floor elevation and
new lighting at the
exterior.

MISSION 4 SW OF
10TH
8/25/2023 In Review
23264 Historic
Evaluation
Phase 1 Intensive Junipero 2 SW of
10th
In Review
23263 Landscape Plan
Check/Inspection
This approval of
Landscape Design
application LD 23-263
(Davis) authorizes
revisions to the approved
landscape plan (DS 17-
398, Quan) and minor site
modifications to a singlefamily residence currently
under construction located
at the northwest corner of
Carpenter Street and 6th
Avenue in the SingleFamily Residential (R-1)
District as depicted in the
plans prepared by Bliss
Landscape Architecture
stamped approved and on
file in the Community
Planning & Building
Department unless
modified by the conditions
of approval.

SW Corner of 6th
and Carpenter
8/24/2023 8/25/2023 Approved
23262 Sign Installation of new sign for
Carmel Fine Rugs
Dolores 3 SE of 5th 8/24/2023 In Review
23261 Design Study Garden redesign for
safetey and outdoor
enjoyment
0 mission 2 nw of
santa lucia avenue
In Review
23260 Historic
Evaluation

HISTORICAL
EVALUATION. Skylight.

See DS 23-259 (Shira
Lowell & Anne Gowan
Trust)
Perry Newberry, 2
SW of 5th Ave.

In Review
Attachment 1
Page: 4 of 10
23259 Design Study New Skylight on West
facing roof facing the back
yard. See HE 23-260
(Gowan).

Perry Newberry
Way 2 SW of 5th
Avenue
In Review
23258 Design Study Resurface existing front
gate pillars and exterior
chimney facade with stone
veneer to match new
permitted hardscape.

Forest 2 SE of 8th 8/21/2023 In Review
23257 Design Study Creating an unimproved
surface driveway to
connect City street to
existing on-site pavers.

San Carlos 2 NW of
Santa Lucia
8/18/2023 In Review
23256 Temporary Use
Permit
Requesting that Barmel
Supper Club be open until
12:00 am (midnight) to
offer our food menu, on
Friday, August 18 and
Saturday, August 19, 2023
(which allows in-process
dining guests to finish up
after midnight, but no
additional guests allowed
in past 12:00 am). The
kitchen will be open until
midnight, and the
clearance time of all
guests in Barmel Supper
Club will not exceed 1 :00
am. We will not have any
live music, and we will
respect our occupancy of
48 people inside the
Barmel Supper Club. Due
to the anticipated
increased crowd, we will
have four additional staff
members and one extra
security person on site.

Carmel Square will also
hire and appoint an
independent security
officer that will be on site
between the hours of 1
0:00pm and 2:00a th
nights. This officer will
have the ability to assist
with local authorities if
needed. If at any time t re
is a security issue, the
facility will close
immediately.

Carmel Square, San
Carlos & 7th Ave
8/15/2023 In Review
Attachment 1
Page: 5 of 10
23255 Design Study MINOR REMODEL OF AN

EXISTING SINGLE FAMILY
HOUSE. REPLACE (7)

EXISTING WINDOWS,
LIKE FOR LIKE. REPLACE
(1) EXISTING WINDOW

WITH NEW SLIDING
GLASS DOOR. NEW

WINDOWS TO BE AN ALL

ALUMINUM PRODUCT

FROM 'ALL WEATHER',

NEW SLIDING GLASS

DOOR TO BE

ALUMINUM CLAD
PRODUCT FROM 'KOLBE'.

INSTALL A 3'Wx1'D BRICK

STEP AT THE NEW
SLIDING GLASS DOOR.

REMOVE 3 SF FROM

EXISTING

BRICK PATIO AT BACK OF

HOUSE TO OFFSET
ADDED LOT COVERAGE.

INSTALL (1) NEW

EXTERIOR DOWNLIGHT
AT SLIDING GLASS DOOR.

THE

EXISTING WINDOWS ARE

ALL SINGLE PANE WHICH

CREATES SIGNIFICANT

HEAT LOSS IN THE HOME

AS WELL AS

CONDENSATION ISSUES

LEADING TO WATER

INTRUSION IN THE
HOME. THE EXISTING
WINDOWS ARE NONTEMPERED AND DO NOT

COMPLY WITH THE

BEDROOM

EGRESS REQUIREMENTS

RESULTING IN UNSAFE
CONDITIONS.

Torres 3 SE of 1st
Avenue
8/14/2023 In Review
23254 Sign Install new sign Carmel Plaza, Suite
#204
In Review
Attachment 1
Page: 6 of 10
23253 Design Study REMODEL AND REPAIR OF
EXISTING 2-STORY
HOUSE. REPLACE

EXISTING GLASS

SUNROOM WITH NEW

WALL FRAMING, ROOF

FRAMING, WINDOWS,
AND DOORS. REPAIR

FLOOR FRAMING FROM

WATER DAMAGE AS
REQUIRED. REMODEL

EXISTING DOWNSTAIR
BATHROOM PER PLAN:

REPLACE FINISHES AND

PLUMBING FIXTURES
Santa Fe Street 2
SW of 4th Avenue
8/10/2023 In Review
23252 Design Study See Sheet G1.0. INTERIOR

REMODEL OF AN

EXISTING SINGLE FAMILY

RESIDENCE WITH AN
ATTACHED GARAGE. NEW

DOORS, WINDOWS,

PLUMBING AND
ELECTRICAL. NEW CLASS

A COMPOSITION

ROOFING AND SEWER
LATERAL. NO GRADING

OR LANDSCAPING IS
PROPOSED.
2836 Santa Lucia
Avenue, Carmel, CA
93923
8/14/2023 In Review
23251 Design Study Replace driveway.

Renovate and add new
patios and walk ways.

Replace retaining walls as
necessary. Add planting,
irrigation and low voltage
lighting.

NW Corner of
Camino Real and
4th Avenue
8/7/2023 In Review
Attachment 1
Page: 7 of 10
23250 Landscape Plan
Check/Inspection
This approval of
Landscape Design
application LD 23-250
(Fountain) authorizes the
installation and
maintenance of
landscaping in the public
right-of-way on the south
side of your property
fronting 8th Avenue at the
northwest corner of
Junipero Avenue and 8th
Avenue in the Residential
and Limited Commercial
(RC) District as depicted in
the plans prepared by BFS
Landscape Architects
dated 7/21/2013 stamped
approved and on file in the
Community Planning &
Building Department
unless modified by the
conditions of approval.

NWC Junipero &
8th Ave
8/11/2023 8/25/2023 Approved
23249 Design Study Development of a new
single story family dwelling
with a basement, and an
attached one car garage.

New Stone Patio,
Driveway, and walkways
set on sand. Tree removal,
30% slope total 905.4
sq.ft.

Junipero St. 3 NE of
12th Ave.
8/4/2023 In Review
23248 Design Study Interior remodel to an (E)
1590 SF one story
residence and addition of a
210 SF second story with
elevator.

Dolores Street 2 SE
of 9th
8/4/2023 In Review
23247 Landscape Plan
Check/Inspection
PUBLIC RIGHT OF WAY:

Plant Hollies and
decorative Rosemary.

Install decomposed
granite. See attached
drawings.

Dolores 3 SE of 3rd 8/4/2023 In Review
23246 Historic
Evaluation
HISTORIC EVALUATION.

Proposed Project:

Renovate & repair.

Replace single-pane
aluminum windows with
wood/aluminum clad,
white, double-pane
windows.

SW Corner of 8th &
Mountain View
8/3/2023 In Review
Attachment 1
Page: 8 of 10
23245 Design Study Outdoor fireplace. Revision
1 includes exterior
changes for permit permit
BP 23-146.

Carpenter 2 SE of
4th
8/4/2023 In Review
23244 Use Permit Temporary use permit for
private party (wedding) at
Edwin's, 08/05/2023. 8:00
p.m. until 1:30 a.m. Guitar
player with amp. No live
music after 10:00 p.m.

SW Corner of San
Carlos & 6th
8/3/2023 Denied
23243 Landscape Plan
Check/Inspection
Landscape plan for city
ROW at corner and street
sides
Corner of Casanova
and Fraser
8/3/2023 In Review
23242 Sign Install one (1) nonilluminated wood sign.W Mission Street & 5th
8/1/2023 8/17/2023 Approved
23241 Historic
Evaluation

HISTORICAL
EVALUATION. Proposed
Project: Convert (e) Family
Room into two (2) new
bedrooms. Total bedrooms
to be three (3). Convert
(e) Laundry & Powder
Room to (n) bathroom.

Add new exterior window
at lower floor hallway.

Wood window to match
(e) windows.

Torres 1 NW of 2nd 5/23/2023 In Review
23240 Preliminary Site
Assessment
Remodel of an existing
1113 square foot residence
and addition of 286 square
feet to create remodeled
1399 square foot threebedroom, two-bathroom
residence. New materials
to replace existing exterior
materials in a similar
aesthetic.
2 SW Junipero and
10th Ave
8/2/2023 In Review
Attachment 1
Page: 9 of 10
23239 Variance The project is Renovation
of a Spanish Style Eclectic
home built in 1929 and the
surrounding site. The
home is know as Casa
Laiolo & given historic
stature for the owner,
Barney Laiola, and the
period 1968 -2000 for his
Carmel-by-the-Sea civic
service. This Site Coverage
Variance application relies
on the historic hardscape
elements and the
preservation of the
existing sloping lot to
maintain & enhance these
contours with safe egress
between elevation
changes. The entire
impervious site is 5,455
sq. feet. The proposed
pervious / permeable
driveway coverage reduces
the existing 1,100 sf . This
contributes 2.25 times less
overall site hardscape
reduction from all covered
areas. Additional
informaton is attached on
a separate sheet and
identified on the Project
plan set charts found on
sheets L-2 & L-3.

SAN ANTONIO 1
NW of 9th AVE
7/10/2023 Approved
23238 Design Study Design revisions to
previously approved DS
22-300 involving the
increase in floor area of
the basement level and
changing roof material
from asphalt shingle to
slate tile.

Dolores 3 NW of
13th
8/2/2023 In Review
23237 Design Study Renovate & repair.

Replace windows, re-wire,
re-position ext. w/d to
kitchen, enlarge BR
window (egress), add
French doors to 2nd
bedroom & deck on West
side. Install tankless hot
water heater, minor roof
repair. Duct/furnace
cleaning.

SW Corner of 8th &
Mountain View
8/1/2023 In Review
Attachment 1
Page: 10 of 10
23236 Sign Associated BL 23-031.

NEW SIGN: Install one (1)
non-illuminated blade sign
onto existing bracket.

Lincoln 2 SW of
Ocean Ave.
8/1/2023 8/28/2023 Approved
Total Records: 40 9/1/2023
Attachment 1
Page: 1 of 1
Business License Report
08/01/2023 - 08/31/2023
Entity # Application
Type
Business
Name
Business
Description
Location Date
Received
Date
Approved
Status
23050 New Business The Sand
Dollar Dog
Company
Custom-made
dog
accessories,
human
clothing,
home
accessories
16 Dolores &
5th
8/28/2023
23049 Location
Change
Pat Areias
Sterling
Accessories,
belts, and
buckles
SW Corner of
San Carlos &
7th
8/16/2023 Approved
23048 Location
Change
Carmel Fine
Rugs
Oriental
Rugs: sales,
service, and
retail
Dolores 3 SE
of 5th
8/25/2023 In Review
23047 New Business Michele R.

Woodruff
Lyons,
Attorney at
Law
Legal
consulting
services
0 Dolores
Street 2 SW
of 8th
Avenue
8/11/2023 8/16/2023 Approved
Total Records: 4 9/1/2023
Attachment 1
Page: 1 of 6
Building Permit Report
08/01/2023 - 08/31/2023
Permit # Date
Submitted
Date
Approved
Project Description Valuation Permit
Type
Property
Location
230416 9/1/2023 Reroof: Remove existing
shake roofing and replace
with Cedur brand Shake,
color Walden
49,300 Roofing Carmelo 4
SW of 4th
230415 8/31/2023 INSTALL A 13.6 kWh

ENERGY STORAGE SYSTEM

FOR SELF CONSUMPTION
AND BACKUP ENERGY.
19,500 Electrical Monte
Verde 4 NE
of 3rd
230414 8/31/2023 Addition and Remodel to (E)
SFD.
800,000 Building NE Corner
of 12th
and San
Antonio
230413 8/31/2023 Tear off (e) shake roof to
roof deck. Install copper
flashings, install one layer of
self adhered membrane and
roof penetrations. Install
starter at eave details, install
peal and seal at all ridge
details. Install SQ of DaVinci
Multi-Width Shake at 6" and
7" exposure.
146,000 Roofing Lincoln 3
SW of 3rd
230412 8/31/2023 8/31/2023 Removal of 84" tall arbor
from yard area.
0 Exempt
Work
Lincoln 2
NW of 9th
230411 8/31/2023 8/31/2023 Upgrade existing electrical
service to 200 amps.
1,500 Electrical Camino
Real 3 SW
of 9th
230410 8/31/2023 8/31/2023 Exploratory demolition on
portion of plaster soffit over
public sidewalk to determine
the necessary repairs from
water damage.
4,000 Demolition 6th 2 NW
of Dolores
230409 8/31/2023 Construction of a new
detached ADU with attached
one-car garage.
400,000 Building Vizcaino 7
SW of
Mountain
View
Attachment 1
Page: 2 of 6
230408 8/30/2023 Kitchen area alterations
including demolition of nonbearing stud walls and
dumbwaiter, new electrical
and lighting, relocation of
refrigerator, and new minor
non-bearing stud wall
construction.
12,000 Building Camino
Real 4 NE
of 9th
230407 8/30/2023 8/30/2023 Master bathroom remodel 40,000 Building SW Corner of Camino
Real & 2nd
230406 8/29/2023 8/29/2023 Remove the existing rotten
wood fence and install a new
fence along the side
property line. Fence to be
35' of 6' tall fence and 15' of
4' tall fence in the front
setback.
0 Exempt
Work
Dolores 2
SW of 4th
230405 8/28/2023 New roofmount PV 8 mods

3.32 kW , (1) New Tesla
Powerwall 5 kW, New 200A
Gateway
39,820 Electrical SE Corner
of Perry
Newberry
& Escolle
230404 8/25/2023 Change of exterior paint
color to: Body - "Feather
Stone" & Trim - "Steam".
0 Exempt
Work
San Carlos
5 NE of 3rd
230403 8/25/2023 8/25/2023 Paint exterior of house inkind to match existing colors on house, light green and
sage.
0 Exempt
Work
11th 2 NW
of Monte
Verde
230402 8/25/2023 Replace a 13 foot section of
cast iron pipe with abs
located under the building.
3,000 Plumbing NE Corner
of Ocean &
Monte
Verde
230401 8/24/2023 Remodel interior of (E) 310
s.f. garage.
0 Building Scenic 6 SE
of Ocean
230400 8/24/2023 8/28/2023 Remove (e) cedar shakes
and replace with new Brava
Simulated Shakes, Natural
color.
105,000 Roofing Vizcaino 7
SW of
Mountain
View
230399 8/24/2023 Remodel interior of (E) 2464
s.f. house. Replace windows,
doors, replace or refinish
exterior stucco, replace
mech. & plumbing, upgrade
electrical, install one
skylight, install generator.
750,000 Building Scenic 6 SE
of Ocean
Attachment 1
Page: 3 of 6
230398 8/23/2023 Remodeling of two
bathrooms, upgrades to
electrical wiring, modification
of entry door with small
window addition.
48,000 Building SW Corner
of Carmelo
& 10th
230397 8/21/2023 8/21/2023 Paint exterior house color
"Light French Gray" from
Benjamin Moore.
0 Exempt
Work
Junipero 2
SE of
Ocean
230396 8/21/2023 8/21/2023 Remove and replace furnace
40,000 BTU located under
the house.
8,000 Mechanical Dolores 2
NE of 12th
230395 8/21/2023 400 sf addition/New Master
and bath/New office
500,000 Building NE Corner
of
Carpenter
& 4th
230394 8/17/2023 Construction of new ADU 25,000 Building NE Corner of Scenic &
8th
230393 8/17/2023 8/17/2023 Cosmetic work associated
with Kitchen and Bathroom
Renovations, including
flooring, tiling, cabinetry,
and finishes. No
plumbing/electrical/structural
work authorized under this
notice.
0 Exempt
Work
Torres 3
SE of 8th
230392 8/17/2023 Kitchen, Primary Bath, and
Powder Room Remodel.

Install Electric floor mat at
primary bathroom and new
shower step light.
10,000 Electrical Torres 3
SE of 8th
230391 8/16/2023 8/16/2023 Prepare for painting repair / replace fascia board and
damaged eaves , caulk and
glaze windows. Replace
rotten wooden gutters and
downspouts and paint house
new ColorBase color Kelly
Moore tranquil taupe and
trim color shadow cliff.
4,500 Exempt
Work
Carpenter
3 NE of 6th
230390 8/16/2023 8/16/2023 Exploratory demolition of
existing ADU.
500 Demolition Junipero 2
NW of 3rd
230389 8/16/2023 (166) 72W Tesla Solar Roof
System 11.952 kW (3) Tesla
Powerwall Energy Storage
Systems
163,696 Electrical Casanova 4
SW of 4th
230388 8/14/2023 Roof-mounted PV solar
system with energy storage
system.
43,451 Electrical Mission 2
NW of
Santa Lucia
Attachment 1
Page: 4 of 6
230387 8/14/2023 8/24/2023 2 sets of french doors need
refinishing, new weather
stripping and sealing. New
caulking will also be applied
and removable window grids
repaired or replaced.
0 Exempt
Work
Camino
Real 4 NE
of 9th
230386 8/14/2023 Full house generator install 10,000 Electrical SW Corner of Camino
Real & 2nd
230385 8/14/2023 1.INTERIOR REMODEL
ONLY. NO EXTERIOR
CHANGES. 2.MOVE TWO

NON-LOAD BEARING

WALLS, AND ENLARGE THE

MASTER BATHROOM AND
KITCHEN. 3.NEW KITCHEN
CABINETS 4.NEW KITCHEN

CEILING WITH WOOD
DECKING 5.INSTALLING

NEW DRYWALL AND FAUX

BEAMS IN THE LIVING
ROOM. 6.NO FLOOR AREA

ADDITIONS OR CHANGES

TO THE PATIOS OR
WALKWAYS.
120,000 Building Monte
Verde 3
NW of 11th
230384 8/11/2023 8/18/2023 Tear off (e) roof and install a new 30 year Malarkey
composition shingles in color
"Natural Wood".
5,000 Roofing Mission 3
SW of 10th
230383 8/11/2023 Construction of a new
attached ADU,
approximately 610 sf
0 Building Mission 3
NE of 10th
230382 8/10/2023 8/10/2023 Remove existing residence
and install new CertainTeed
Presidential TL in color
Country Gray.
18,236 Roofing Ocean 2 SE
of Carmelo
230381 8/9/2023 REMOVE AND REPLACE

DAMAGED PAINTED

REDWOOD SIDING

SURROUNDING LEAKING
WINDOWS. REPLACE
FAILED WATERPROOFING.

REPLACEMENT SIDING TO

MATCH EXISTING, LIKE FOR
LIKE. REPAINT AS

NECESSARY, COLOR MATCH

EXISTING
20,000 Building 2905
Franciscan
Way
Attachment 1
Page: 5 of 6
230380 8/9/2023 8/10/2023 Remove existing composition
asphalt roofing and install
new CertainTeed Presidential
TL composition asphalt
shingle for main residence
and garage in color
"Platinum".
29,157 Roofing Ocean 2
NE of
Carpenter
230379 8/9/2023 8/25/2023 Remove wall heater and
install all electric Mitsubishi
high side wall air handlers
and heat pumps
19,700 Mechanical Lobos 3
SW of 3rd
230378 8/9/2023 8/9/2023 Change exterior paint color
to "Agreeable Grey" by
Sherwin Williams
0 Exempt
Work
Crespi 9 SE
of
Mountain
View
230377 8/8/2023 8/8/2023 In-kind repair of sidewalk
and lower step as a result of
tree damage.
4,750 Building NE Corner
of Mission
& 6th
230376 8/7/2023 8/8/2023 Remove (e) shake roof and
replace with new Davinci
Province - single width
simulated slate in color Slate
Gray.
85,000 Roofing SE Corner
of Carmelo
& 2nd
230375 8/7/2023 8/25/2023 Install new emergency
backup generator, transfer
switch, and concrete pad.
18,000 Electrical Scenic 5
NE of 13th
230374 8/7/2023 8/7/2023 Replacement of an existing
tankless water heater.
2,500 Plumbing Dolores 2
NE of 5th
230373 8/4/2023 8/8/2023 Remove existing wood shake
roof and install 1/2" OSB and
Certainteed Presidential TL
in color "Country Gray".
39,790 Roofing SE Corner
of
Guadalupe
& 5th
230372 8/4/2023 8/4/2023 Remove & replace 75 gallon
water heater. Install new
Bradford White RG275H6N.
3,600 Plumbing NE Corner
of Monte
Verde &
Santa Lucia
230371 0
230370 8/2/2023 8/2/2023 1) Extend metal fence on
both sides of driveway for
safety. Fence height will not
exceed 43.5". Fence will be
painted to match trim of the
house and tie into existing
property fence. 2) Extend
wood fence on the right side
of front property fence. Total
height of the fence will be 6'
to match fence on left side.
0 Exempt
Work
Dolores 3
SE of 3rd
Attachment 1
Page: 6 of 6
230369 8/2/2023 8/4/2023 Remove shake roof, install a
Certainteed Presidential TL
Shingle roof in Country Gray
82,830 Roofing Dolores 4
SW of 12th
Total Records: 48 9/1/2023
Attachment 1
Page: 1 of 2
Code Compliance Report
08/01/2023 - 08/31/2023
Case # Case Date Status Location Problem
Description
Date
Received
Date
Closed
23136 8/17/2023 Open Mission 2 SW
of 5th
Unpermitted
residential use
8/17/2023
23135 8/18/2023 Potential
STR
identified
Ocean 5 SE
of Forest
Transient Rental 8/18/2023
23134 8/18/2023 STR verified Ocean 4 SE
of Forest
Transient Rental 8/18/2023
23133 8/17/2023 1st NOV sent Monte Verde
3 SE of 3rd
Transient rental 8/17/2023
23132 8/16/2023 Closed Monte Verde
/ 6th /
Lincoln
Distribution of
handbills on
vehicles
8/16/2023 8/16/2023
23131 8/16/2023 Closed San Carlos
NW of 7th
Exterior signage 8/16/2023 8/16/2023
23130 8/16/2023 Closed Mission SW
of 5th
Outdoor display 8/16/2023 8/16/2023
23129 8/16/2023 Closed 5th NE of
San Carlos
Cones/equipment
in ROW
8/16/2023 8/16/2023
23128 8/15/2023 Closed Monte Verde
NE of 6th
Cones in ROW 8/15/2023 8/15/2023
23127 8/14/2023 Closed 7th NW of
Junipero
Waste
receptacles in
sidewalk
8/14/2023 8/18/2023
23126 8/14/2023 Closed Scenic 3 NE
of 13th
Construction
Noise
8/14/2023 8/18/2023
23125 8/14/2023 Closed NWC Mission
and 7th
Exterior Signage 8/14/2023 8/18/2023
23124 8/14/2023 Closed San Carlos
NW of 6th
Outdoor display 8/14/2023 8/14/2023
23123 8/14/2023 Closed San Carlos 3
NW of 6th
Exterior Signage 8/14/2023 8/14/2023
23122 8/14/2023 Closed NEC Monte
Verde and
Ocean
Exterior Signage 8/14/2023 8/14/2023
23121 8/14/2023 Open Lobos 4 NE
of 2nd
Construction
without a permit
8/14/2023
23120 8/14/2023 Open Dolores 2
NW of 6th
Business without
a license
8/14/2023
23119 8/14/2023 Closed 6th NW of
San Carlos
Exterior signage 8/14/2023 8/14/2023
Attachment 1
Page: 2 of 2
23118 8/14/2023 Closed San Carlos 2
NE of 6th
Outdoor display 8/14/2023 8/17/2023
23117 8/10/2023 Closed San Carlos 4
SW of 5th
Outdoor display 8/7/2023 8/16/2023
23116 8/11/2023 Closed Carmelo 5
NW of Ocean
Construction
noise
8/11/2023 8/16/2023
23115 8/9/2023 Open Guadalupe 4
SW of 2nd
Generator noise 8/9/2023
23114 8/7/2023 Closed Lincoln NE of
Ocean
Sign in sidewalk 8/7/2023 8/7/2023
23113 8/1/2023 Closed SWC Ocean
and Forest
Sign in ROW 8/1/2023 8/1/2023
23109 8/4/2023 Potential
STR
identified
13th 2 SE of
Mission
Transient Rental 7/28/2023
Total Records: 25 9/1/2023
Attachment 1
Page: 1 of 1
Transient Rental Report
01/01/2023 - 08/31/2023
Case # Street Status Date Received Last Status
Date
Date Closed
23135 Ocean Potential STR
identified
8/18/2023 8/18/2023
23134 Ocean Closed 8/18/2023 8/25/2023 8/25/2023
23133 Monte Verde 1st NOV sent 8/17/2023 8/18/2023
23109 13th 1st NOV sent 7/28/2023 8/28/2023
23107 13th Closed 7/28/2023 8/16/2023 8/16/2023
23104 Santa Fe 1st NOV sent 7/21/2023 8/25/2023
23099 Mission 2nd NOV sent 7/7/2023 8/23/2023
23094 2nd Closed 6/23/2023 8/21/2023 8/21/2023
23093 Rio Closed 6/21/2023 8/31/2023 8/31/2023
23092 Ocean Closed 6/21/2023 7/7/2023 7/7/2023
23091 Dolores Closed 6/22/2023 7/19/2023 7/19/2023
23061 Monte Verde Closed 4/27/2023 7/17/2023 7/17/2023
23058 Mission Closed 4/19/2023 6/2/2023 6/2/2023
23057 Carmelo Closed 4/19/2023 6/2/2023 6/2/2023
23053 San Carlos Closed 3/21/2023 6/2/2023 6/2/2023
23039 Rio Road Closed 2/27/2023 4/17/2023 4/17/2023
23015 Carmelo Closed 1/9/2023 2/3/2023 2/3/2023
23014 Mission Closed 1/9/2023 1/10/2023 1/30/2023
23013 N Casanova Closed 1/9/2023 2/3/2023 2/3/2023
23012 Mission Closed 1/9/2023 1/27/2023 1/27/2023
23009 Santa Fe Closed 1/8/2023 2/3/2023 2/3/2023
23008 Guadalupe Closed 1/8/2023 1/13/2023 1/13/2023
23007 2nd Closed 1/8/2023 1/8/2023 4/8/2023
23005 Carpenter Closed 1/8/2023 2/3/2023 2/3/2023
23004 5th Closed 1/5/2023 2/3/2023 2/3/2023
23003 Dolores and 1st Closed 1/5/2023 2/3/2023 2/3/2023 Total Records: 26 9/5/2023
Attachment 1
Page: 1 of 4
Encroachment Permit Report
08/01/2023 - 08/31/2023
Permit
#
Permit
Type
Date
Submitted
Project Description Property
Location
Date
Issued
Status
230187 Temp Ench 8/31/2023 PG&E to trench and backfill a 5'x5' bellhole and abandon
existing gas service. PM#
35463434. Contact: PG&E
(408) 478-1894
Casanova
4 NE of
10th
8/31/2023 Issued
230186 Temp Ench 8/31/2023 Close sidewalk to allow for
partial demolition of plaster
from soffit that overhangs the
sidewalk. Contact: CPR (831)
275-2103
6th 2 NW
of Dolores
8/31/2023 Issued
230185 Temp Ench 8/31/2023 TCP for P Access, place and
splice fiber cable, no
excavation. AT&T Job #
A02NG2S. Contact: AT&T
(408) 807-3662
SE Corner
of Mission
& 7th
8/31/2023 Issued
230184 Temp Ench 8/29/2023 Applicant to trench, backfill, & install electric substructures.

PG&E to design & construct
underground service to panel
including moving electric
panel from front of property
to rear. PM# 35276209.

Contact: PG&E (408) 478-
1894
NE Corner
of San
Antonio &
Ocean
8/30/2023 Issued
230183 Temp Ench 8/29/2023 PG&E to trench and backfill a 5'x5' bellhole to abandon
existing gas service. PM#
35433048. Contact: PG&E
(408) 478-1894
Casanova
4 NE of
10th
8/30/2023 Issued
230182 Temp Ench 8/29/2023 Remove and replace existing
waste line using full
trenching. Contact: RK Wilson
Plumbing (831) 915-1101
NE Corner
of Lincoln
& 3rd
8/29/2023 Issued
230181 Temp Ench 8/28/2023 Applicant to trench, backfill & install electric substructures.

PG&E to replace underground
secondary & install
underground service. PM#
35449524. Contact: PG&E
(408) 478-1894
Carmelo 4
SW of 2nd
In Review
230180 Temp Ench 8/25/2023 Replace sewer lateral using
pipe bursting. Contact: Rooter
King (831) 394-5315
Camino
Real 10
NE of 4th
8/28/2023 Issued
Attachment 1
Page: 2 of 4
230179 Temp Ench 8/24/2023 Municipal Project for FY
2021/22 pavement
rehabilitation plan.

City-wide
right of
way
In Review
230178 Temp Ench 8/24/2023 Placement of a wood chipper
in the public right of way to
accommodate hedge
trimming ans shaping along
with removing dead wood
from three oak trees. Tree
work contingent on approval
from City Forester. Valid from
8/30/23 - 8/31/23. Contact:

Cypress Tree Service (831)
585-4142
Lincoln 2
NW of 9th
8/24/2023 Issued
230177 Temp Ench 8/24/2023 Trench for new gas service
from middle of the road to
the house. Trench for
electrical from side of the
road to house. Contact:

Edgars Plumbing (831) 601-
5557
Camino
Del Monte
4 NW of
San Carlos
8/30/2023 Issued
230176 Temp Ench 8/22/2023 Fill in wood chip patch with bricks to match existing bricks
in public right of way.

San Carlos
2 NW 8th
Closed
230175 Driveway 8/16/2023 Installation of new paving
stone driveway, approx 310
sf. Remove old driveway
material to 10" below final
grade, install and compact
base rock sand and Calstone
Quarry Stone Sequoia
Sandstone pavers. Contact:

Stowe Contracting (831) 884-
0732
Crespi 3
NW of
Flanders
8/17/2023 Issued
230174 Temp Ench 8/16/2023 Trench for new gas service.

Contact: JD's Underground
(831) 394-3100
Carmelo 5
NW of
Ocean
8/17/2023 Issued
230173 Driveway 8/16/2023 Reduce tarmac hardscape and
repair blacktop where
required or damaged by
construction work. Contact:

Travis Construction Company,
Inc (831) 521-6646
2946
Santa
Lucia
Approved
230172 Temp Ench 8/16/2023 Replace sewer lateral using
pipe bursting. Contact: Rooter
King (831) 394-5315
Torres 2
SE of 2nd
8/16/2023 Issued
Attachment 1
Page: 3 of 4
230171 Temp Ench 8/16/2023 PG&E to trench and backfill all 5'x5' bellhole, PG&E to
abandon existing gas service.

PM# 35449900. Contact:

PG&E (408) 478-1894
Dolores 3
NW of
13th
8/16/2023 Issued
230170 Temp Ench 8/14/2023 Sewer lateral replacement
using pipe bursting. Contact:

Easy Drains Plumbing (831)
521-6882
Dolores 3
NE of 2nd
8/22/2023 Issued
230169 Temp Ench 8/14/2023 Trench on street to lay gas
line for PG&E. Contact:

Rooter King (831) 394-5315
San
Antonio 5
SE of 8th
8/15/2023 Issued
230168 Temp Ench 8/9/2023 Applicant to install electric substructures. PG&E to install
electrical cable & equipment
& complete all hot tie in work.

PM# 35351598. Contact:

PG&E (408) 478-1894
Monte
Verde 3
SE of 11th
8/10/2023 Issued
230167 Temp Ench 8/9/2023 Use of a mini bobcat on sand
from bottom of Ocean to
backyard of property for
transport of materials and
move existing boulders.

CONDITION: AREA MUST BE

RESTORED TO ORIGINAL

CONDITION ONCE WORK IS
COMPLETED.

Contact: Brandon Wiggins
(831) 915-4147
Scenic 6.5
SE of
Ocean
8/23/2023 Issued
230166 Temp Ench 8/9/2023 Replace sewer lateral using
pipe bursting. Contact: Rooter
King (831) 394-5315
Casanova
2 SE of
7th
8/10/2023 Issued
230165 Temp Ench 8/7/2023 Sewer lateral replacement
using pipe bursting. 811#
3071400092. Contact: Easy
Drains Plumbing (831) 521-
6882
NE Corner
of Santa
Rita & 2nd
8/21/2023 Issued
230164 Temp Ench 8/7/2023 Replace sewer lateral using
pipe bursting. Contact: Rooter
King (831) 394-5315
Santa Rita
9 SE of
Ocean
8/7/2023 Issued
230163 Temp Ench 8/4/2023 Replace sewer lateral using
pipe bursting. Contact: Rooter
King (831) 394-5315
SW
Corner of
Casanova
& 12th
8/7/2023 Issued
Attachment 1
Page: 4 of 4
230162 Temp Ench 8/2/2023 PG&E to replace over head
electrical equipment and trim
tree. PM# 45896175.

Contact: PG&E (831) 713-
6019
24833
Guadalupe
St
8/2/2023 Issued
230161 Temp Ench 8/1/2023 PG&E to trench and install
new secondary from splice
box to panel. PM# 35456517.

Contact: PG&E (408) 478-
1894
2958
Franciscan
Way
8/2/2023 Issued
Total Records: 27 9/1/2023
Attachment 1
Page: 1 of 3
Tree Permit Report
08/01/2023 - 08/31/2023
Permit
#
Permit
Date
Permit
Type
Location of
Property
Description Status Approved
Date
23247 8/1/2023 Tree NE Corner of San
Antonio & 7th
Assessment and possible
removal of limbs from a City
owned tree.

Approved 8/8/2023
23248 8/3/2023 Tree 0 Lincoln SW Corner
11th, Corner Lincoln
& 11th, house name
Casablanca
REMOVAL: 1) Tree # 733 Pinus
radiata Monterey Pine, DBH: 33
with 1 trunk, height 60, crown
spread 40. 2) Tree # 734 Pinus
radiata Monterey Pine , DBH 29,
1 trunk, height 50, crown spread
30 8/8/2023
23249 8/4/2023 Tree NW Corner of
Casanova & Fraser
Way
CITY PROPERTY: Remove one
(1) 4" diameter Birch tree. Grind
one (1) stump.

Approved 8/8/2023
23250 8/7/2023 Tree w/
Construction
Santa Fe 3 SW of
Mountain View
Remove ten (10) trees for new
construction on vacant lot.

In
Review
23251 8/8/2023 Tree SEE TR 23-254 Closed
23252 8/8/2023 Tree w/
Construction
Casanova St. 4 SW
of 4th Ave.

Removal of one (1) Coast Live
Oak 11" DBH.

In
Review
23253 8/8/2023 Tree SE Corner of San
Carlos & 1st
Removal of one (1) Monterey
Pine approx. 29" DBH, TAG
#155.

Approved 8/17/2023
23254 8/8/2023 Tree c/o Del Mar and #1
Ocean Ave. Carmel
by the Sea
There are three dead Monterey
Cypress trees in the front yard of
the property. Each tree is located
right at the fence line which
borders the city parking lot and
circular drive off of Ocean Ave.

Approved 8/31/2023
23255 8/10/2023 Tree w/
Construction
2946 Santa Lucia
Ave.

REMOVE: Four (4), 15-FT tall
Catalina Cherry trees (non-native
with shallow roots). ROOT
REMOVAL: Four (4) Catalina
Cherry trees.

In
Review
23256 8/12/2023 Tree Monte Verde Street
2 NW of Third Ave.

Assess tree for possible removal
of one (1) large Pine tree.

In
Review
23257 8/14/2023 Tree w/
Construction
Torres 2 NE of 11th TREE REMOVAL: Four (4) trees
to be removed. Two (2) trees
straddle property line.

Permission from neighbor (email
thread attached to this project)
authorizes the removal of trees.

Approved 8/15/2023
Attachment 1
Page: 2 of 3
23258 8/14/2023 Tree SW Corner of 5th
Avenue & Santa Fe
Street
REMOVE: One (1) Oak tree. Approved 8/17/2023
23259 8/14/2023 Tree Pine Ridge Way 2
SE of Forest Way
Remove one (1) Pine tree below
the house.

In
Review
23260 8/14/2023 Tree NE Corner of Torres
& 2nd Ave.

Remove one (1) large Pine tree,
approx. 28". See project notes
for fee explanation.

In
Review
23261 8/14/2023 Tree NE Corner of Torres
& 2nd Ave.

Remove five (5) Pine trees: 8",
12", 12", 18", 24". See project
notes for fee explanation.

In
Review
23262 8/15/2023 Tree Lobos 2 SE of 2nd CITY TREE: Remove one (1) 14- in. Acacia tree and one (1) 8-in.

Pittosporum in public right of
way.

Approved 8/18/2023
23263 8/15/2023 Tree Junipero 4 SE of
2nd
REMOVE: #759 Monterey Pine
tree, 32" DBH.

Approved 8/30/2023
23264 8/21/2023 Tree w/
Construction
Carpenter St. 4 NW
of 6th Ave.

PRUNING ONLY: Tree #4 - Trim
2 branches, approx. 6" in
diameter; overhanging garage.

Tree #6 - Remove 1 limb @ 20"
diameter, and trim two (2)
branches, approx. 6" in
diameter; overhanging house.

NO ROOTS to be removed.

In
Review
23265 8/21/2023 Tree SW Corner of Santa
Fe & 3rd
CITY TREE: removal and replant
city tree. One (1) Cypress - 5
inch, 8 foot tall. Small bush.

In
Review
23266 8/21/2023 Tree Mission 3 NW of 4th CITY TREE: Tree replacement and tree trimming.

In
Review
23267 8/22/2023 Tree Junipero 6 NE of
8th
Removal of one (1) 16" Oak tree
on property, and removal of one
(1) 10" branch from tree in the
right of way.

In
Review
23268 8/22/2023 Tree Crespi 2 SE of
Mountain View
CITY TREE: Removal of one (1)
70-90' tree behind the house on
City property.

In
Review
23269 8/22/2023 Tree SW Corner of
Mission & 3rd
REMOVE: One (1) 25-foot Cyprus
tree. Pine Terrace condominium
complex property.
23270 8/23/2023 Tree 2991 Rio Road Remove dead upper tree trunk and dead branches
In
Review
23271 8/24/2023 Tree Monte Verde 2 NW
of 12th

CITY PROPERTY & PRIVATE
PROPERTY: Removal of three (3)
black acacias, 7', 9' & 11'.

In
Review
Attachment 1
Page: 3 of 3
23272 8/25/2023 Tree Monte Verde 4 SW
of 10th Ave.

EMERGENCY REMOVAL: Two (2)
Oak trees on private property.

One (1) Single-stem, 22", and
one (1) double-stem multi,

19.5" & 22.5".

Approved 8/25/2023
23273 8/25/2023 Tree 0 Torres Street 4
SW of 10th
PRUNING: One (1) limb, approx.
8-10" diameter, Coast White
Oak.

In
Review
23274 8/29/2023 Tree Carpenter Street 3
SW of 4th
PRUNING: Trim one (1)
extended, leaning, horizontal
limb; Tree #2.

In
Review
23275 8/29/2023 Tree Lopez 11 NW of 4th
Avenue
Private Property: Remove two
(2) Coast Live Oaks. One is live
and one is dead; DBH 15 inch &
DBH 12 inch.

In
Review
23276 8/29/2023 Tree San Carlos 3 NE of
Vista
Remove two (2) Monterey Pines
on private property.

In
Review
23277 8/31/2023 Tree SE Corner of San
Antonio & 2nd
PRUNING: Remove damaged
limbs on Cypress tree caused by
the winter storms. Trim Pine
tree; remove broken limbs;
reduce weight.

In
Review
23278 8/31/2023 Tree SW Corner of
Vizcaino & Mountain
View
PRUNING: to be determined
once contractor inspects the
trees.

In
Review
Total Records: 32 9/5/2023
Attachment 1
*The performance goal for Code-3 (life threatening emergency-lights & siren) ambulance calls with a response time of 5 minutes or less from dispatch to arrival is 95%.

CITY OF CARMEL-BY-THE-SEA
Monthly Report
Public Safety
August 2023

AMBULANCE REPORT
Summary of Carmel Fire Ambulance August Calls for Service

AMBULANCE PERFORMANCE MEASURE
The performance goal for Code-3 (life-threatening emergency lights & siren) ambulance calls with a response time of 5 minutes or less from dispatch to arrival is 95%. For the month of August 2023 the ambulance was unable to meet the performance measure. The response time was 92% with (4) code-3 call over 5 minutes.
54 Calls for service in CBTS - Average response time: 3:29 min. 53 Code 3 medical calls for service with four calls over 5 min. 08/03/2023 – Carpenter and 2nd – Response time 05:29 – False alarm 08/10/2023 – 2941 Alta – Response time – 06:00 – Did not hit on scene button 08/17/2023 – San Antonio and 8th – Response time 12:46 – Incorrect address unable to locate 08/25/2023 – Monte Verde and 8th – Response time 05:18 – Did not hit on scene button

MONTEREY FIRE REPORT
Summary of Monterey Fire August Calls for Service

FIRE PERFORMANCE MEASURE
The performance goal for Code-3 (life-threatening emergency lights & siren) fire calls with a response time of 5 minutes or less from dispatch to arrival is 90%. For the month of August 2023, the fire department was able to meet the performance measure. The response time was 96%, with (3) code-3 calls over 5 minutes.
66 total calls for service in CBTS- Average response time: 4:20 min. 57 total Code-3 calls – Three calls with a response time over 5:00 min.

TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jeff Watkins, Director of Public Safety
APPROVED BY: Chip Rerig, City Administrator
MEETING DATE: October 3, 2023
Attachment 2
*The performance goal for Code-3 (life threatening emergency-lights & siren) ambulance calls with a response time of 5 minutes or less from dispatch to arrival is 95%.
08/17/2023 – San Antonio and 8th – Response time – 12:39 – Delay due to incorrect address given. 08/18/2023 – San Antonio and 8th – Response time 06:52 - Did not hit the on scene button. 08/18/2023 – Ocean and Monte Verde – Response time 21:42 – Delay due to dispatch error with Fire comm.

BEACH FIRES
There was two illegal beach fire extinguished during the month of August.

Attachment 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
Cooking fire, confined to container 8/18/2023 1:08 PM 230818-MNT06389 0:03:58 CASANOVA ST 10TH AVE 3 1 0:03:58
Medical assist, assist EMS crew 8/10/2023 6:37 PM 230810-MNT06195 0:02:20 OCEAN AVE CASANOVA ST 3 Medical assist, assist EMS crew 8/19/2023 2:53 PM 230819-MNT06424 0:03:24 LINCOLN ST 3RD AVE 3 Medical assist, assist EMS crew 8/8/2023 8:42 PM 230808-MNT06151 0:03:29 MONTE VERDE ST 9TH AVE 3 Medical assist, assist EMS crew 8/10/2023 4:45 PM 230810-MNT06193 0:04:01 25970 MISSION ST 3 Medical assist, assist EMS crew 8/4/2023 8:34 AM 230804-MNT06049 0:04:30 CASANOVA ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 8/19/2023 11:57 PM 230819-MNT06440 0:01:56 LINCOLN ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 8/24/2023 11:56 AM 230824-MNT06570 0:02:15 JUNIPERO AVE 8TH AVE 3 EMS call, excluding vehicle accident with injury 8/12/2023 5:07 PM 230812-MNT06235 0:02:29 SAN CARLOS ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 8/12/2023 11:33 AM 230812-MNT06230 0:02:30 MISSION ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 8/16/2023 10:57 AM 230816-MNT06331 0:02:34 LOBOS ST 3RD AVE 3 EMS call, excluding vehicle accident with injury 8/1/2023 4:08 PM 230801-MNT05978 0:02:36 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 8/25/2023 7:14 AM 230825-MNT06589 0:02:38 JUNIPERO AVE 4TH AVE 3 EMS call, excluding vehicle accident with injury 8/30/2023 11:36 AM 230830-MNT06729 0:02:59 JUNIPERO AVE 8TH AVE 3 EMS call, excluding vehicle accident with injury 8/12/2023 2:02 PM 230812-MNT06233 0:03:02 JUNIPERO AVE 4TH AVE 3 EMS call, excluding vehicle accident with injury 8/17/2023 12:17 PM 230817-MNT06358 0:03:04 DOLORES ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 8/23/2023 9:25 PM 230823-MNT06558 0:03:08 JUNIPERO AVE 5TH AVE 3 EMS call, excluding vehicle accident with injury 8/22/2023 5:39 PM 230822-MNT06522 0:03:10 SAN CARLOS ST 11TH AVE 3 EMS call, excluding vehicle accident with injury 8/25/2023 11:26 PM 230825-MNT06608 0:03:50 SAN CARLOS ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 8/17/2023 3:37 AM 230817-MNT06348 0:04:00 LINCOLN ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 8/20/2023 11:43 PM 230821-2347-MNT 0:04:00 4 NW MONTE VERDE AND 10TH 3 EMS call, excluding vehicle accident with injury 8/25/2023 9:17 AM 230825-MNT06591 0:04:09 CARMELO ST 9TH AVE 3 EMS call, excluding vehicle accident with injury 8/21/2023 11:43 PM 230821-MNT06495 0:04:11 MONTE VERDE ST 10TH AVE 3 EMS call, excluding vehicle accident with injury 8/22/2023 12:11 PM 230822-MNT06510 0:04:12 MISSION ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 8/12/2023 6:49 AM 230812-MNT06219 0:04:25 SAN CARLOS ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 8/20/2023 11:39 AM 230820-MNT06452 0:04:33 JUNIPERO AVE 4TH AVE 3 EMS call, excluding vehicle accident with injury 8/17/2023 8:34 PM 230817-MNT06369 0:04:40 8TH AVE CASANOVA ST 3 EMS call, excluding vehicle accident with injury 8/18/2023 7:38 AM 230818-MNT06379 0:04:41 LOBOS ST 2ND AVE 3 EMS call, excluding vehicle accident with injury 8/19/2023 10:37 PM 230819-MNT06439 0:05:28 PALOU AVE CASANOVA ST 2

RESPONSE SUMMARY REPORT BY INCIDENT TYPE
27060 CARMEL-BY-THE-SEA
Alarm Date From: 08/01/2023 To: 08/31/2023
100 Series (Fires)
300-321 Series (EMS)
23 08 Carmel Fire Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
100 Series (Fires)
EMS call, excluding vehicle accident with injury 8/18/2023 2:50 PM 230818-MNT06391 0:06:52 SAN ANTONIO AVE 8TH AVE 3 EMS call, excluding vehicle accident with injury 8/17/2023 9:57 PM 230817-MNT06372 0:12:39 SAN ANTONIO AVE 8TH AVE 3 30 0:03:56
Motor vehicle accident with no injuries. 8/27/2023 2:06 PM 230827-MNT06652 0:03:37 MISSION ST OCEAN AVE 3 1 0:03:37
Chemical spill or leak 8/18/2023 6:04 PM 230818-MNT06398 0:21:42 OCEAN AVE MONTE VERDE ST 2 Electrical wiring/equipment problem, other 8/25/2023 4:34 PM 230825-MNT06603 0:04:18 SAN ANTONIO AVE 12TH AVE 3 Power line down 8/2/2023 7:19 AM 230802-MNT05987 0:03:57 CAMINO REAL ST 10TH AVE 3 Power line down 8/18/2023 5:48 PM 230818-MNT06397 0:04:27 JUNIPERO AVE 11TH AVE 3 Accident, potential accident, other 8/2/2023 12:14 PM 230802-MNT05995 0:02:58 3RD AVE LOBOS ST 3 Accident, potential accident, other 8/1/2023 6:06 PM 230801-MNT05980 0:04:35 CAMINO REAL ST 11TH AVE 2 6 0:06:59
Water or steam leak 8/25/2023 6:25 AM 230825-MNT06587 0:04:21 MONTE VERDE ST 8TH AVE 2 Water or steam leak 8/3/2023 7:24 AM 230803-MNT06019 0:04:50 SANTA RITA ST OCEAN AVE 2 Water or steam leak 8/5/2023 9:15 AM 230805-MNT06067 0:05:13 JUNIPERO AVE ALTA AVE 2 Public service 8/28/2023 11:25 AM 230828-MNT06680 0:02:43 8TH AVE SAN CARLOS ST 3 Public service 8/29/2023 10:48 AM 230829-MNT06696 0:03:08 4TH AVE CARPENTER ST 3 Public service 8/23/2023 9:19 AM 230823-MNT06540 0:04:43 JUNIPERO AVE 11TH AVE 3 Public service 8/5/2023 4:52 PM 230805-MNT06077 0:04:59 13TH AVE LINCOLN ST 3 Public service 8/17/2023 6:35 PM 230817-MNT06367 0:06:24 LINCOLN ST 7TH AVE 2 No incident found on arrival at dispatch address 8/26/2023 12:30 PM 230826-MNT06620 0:02:56 SANTA FE ST 5TH AVE 3 No incident found on arrival at dispatch address 8/26/2023 12:30 PM 230826-MNT06621 0:02:56 SANTA FE ST 5TH AVE 3 No incident found on arrival at dispatch address 8/23/2023 7:39 AM 230823-MNT06536 0:02:59 OCEAN AVE CARMELO ST 3 No incident found on arrival at dispatch address 8/24/2023 11:46 AM 230824-MNT06569 0:03:54 OCEAN AVE MISSION ST 2 No incident found on arrival at dispatch address 8/15/2023 12:03 PM 230815-MNT06310 0:04:04 12TH AVE CASANOVA ST 3 13 0:04:05
False alarm or false call, other 8/22/2023 10:15 PM 230822-MNT06529 0:04:23 CAMINO REAL ST 8TH AVE 3 Smoke detector activation due to malfunction 8/10/2023 10:10 PM 230810-MNT06198 0:04:08 SAN CARLOS ST 7TH AVE 3 Alarm system sounded due to malfunction 8/1/2023 12:11 PM 230801-MNT05972 0:01:27 TORRES ST 10TH AVE 3 Alarm system sounded due to malfunction 8/20/2023 10:49 AM 230820-MNT06449 0:02:42 CAMINO REAL ST 8TH AVE 3 Alarm system sounded due to malfunction 8/20/2023 8:04 PM 230820-MNT06463 0:03:11 CAMINO REAL ST 8TH AVE 3 Alarm system sounded due to malfunction 8/15/2023 12:29 AM 230815-MNT06296 0:03:19 DOLORES ST 5TH AVE 3 Alarm system sounded due to malfunction 8/27/2023 9:35 PM 230827-MNT06665 0:03:48 MONTE VERDE ST 7TH AVE 2 CO detector activation due to malfunction 8/15/2023 12:51 PM 230815-MNT06312 0:03:43 CASANOVA ST OCEAN AVE 3 CO detector activation due to malfunction 8/3/2023 3:49 AM 230803-MNT06017 0:04:35 2ND AVE CARPENTER ST 3 Smoke detector activation, no fire - unintentional 8/21/2023 5:54 PM 230821-MNT06488 0:03:10 SAN ANTONIO AVE OCEAN AVE 3 322-399 Series (Rescues)
400 Series (Hazardous Material)
500 & 600 Series (Service Calls)
700 Series (False Alarms)
300-321 Series (EMS) cont.
23 08 Carmel Fire Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
100 Series (Fires)
Detector activation, no fire - unintentional 8/28/2023 2:34 PM 230828-MNT06687 0:02:38 SANTA FE ST 3RD AVE 3 Detector activation, no fire - unintentional 8/4/2023 10:06 AM 230804-MNT06052 0:03:37 8TH AVE S MOUNTAIN VIEW AVE 3 Detector activation, no fire - unintentional 8/27/2023 10:11 PM 230827-MNT06666 0:03:37 CAMINO REAL ST 8TH AVE 3 Detector activation, no fire - unintentional 8/11/2023 9:19 AM 230811-MNT06204 0:03:46 SCENIC RD OCEAN AVE 3 Detector activation, no fire - unintentional 8/28/2023 1:06 PM 230828-MNT06684 0:04:20 4TH AVE TORRES ST 3 15 0:03:30
Code 2 Calls 9
Code 3 Calls 57
66 96%
Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
230818-MNT06391 Did not hit the on scene button
230817-MNT06372 Delayed due to incorrect address given
230818-MNT06398 Delay due to dispatch error with Firecomm 700 Series (False Alarms) cont.
23 08 Carmel Fire Activity Report.xlsx 3
Type of Call Number Average Response Time
Fire 1 3:58
EMS 30 3:56
Rescue 1 3:37
Hazardous Condition 6 6:59
Service Calls 13 4:05
Severe Weather 0 0:00
False Call 15 3:30
Total Responses 66 4:20
Total Code 3 Calls: 57
Response Times for Code 3
Calls ≤ 5 minutes: 96%

CARMEL-BY-THE-SEA
AUGUST 2023
Response Summary Report by Incident Type
Fire
1%
EMS
45%
Rescue
2%
Hazardous Condition
9%
Service Calls
20%
Severe
Weather
0%
False Call
23%
Fire
EMS
Rescue
Hazardous Condition
Service Calls
Severe Weather
False Call
S:\600-Public-Safety\601-Fire-Safety-Admin\601-05-Fire-Services-OtherAgencies\Carmel\Carmel Monthly Response Report\23 08 Carmel Fire Response Summary.xlsx 9/6/2023 Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
Fire, other 8/18/2023 230818-CFA01043 00:02:56 CASANOVA ST 10TH AVE 3 1 0:02:56
Emergency medical service incident, other 8/10/2023 230810-CFA00999 00:03:31 25970 MISSION ST 3 EMS call, excluding vehicle accident with injury 8/1/2023 230801-CFA00966 00:01:59 DOLORES ST 5TH AVE 3 EMS call, excluding vehicle accident with injury 8/2/2023 230802-CFA00969 00:00:15 SANTA FE ST 6TH AVE 3 EMS call, excluding vehicle accident with injury 8/2/2023 230802-CFA00972 00:01:45 MISSION ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 8/4/2023 230804-CFA00978 00:03:16 CASANOVA ST 12TH AVE 3 EMS call, excluding vehicle accident with injury 8/8/2023 230808-CFA00996 00:03:46 MONTE VERDE ST 9TH AVE 3 EMS call, excluding vehicle accident with injury 8/10/2023 230810-CFA00998 00:06:00 2941 ALTA AVE 3 EMS call, excluding vehicle accident with injury 8/10/2023 230810-CFA01000 00:02:15 OCEAN AVE CASANOVA ST 3 EMS call, excluding vehicle accident with injury 8/12/2023 230812-CFA01009 00:02:41 JUNIPERO AVE 4TH AVE 3 EMS call, excluding vehicle accident with injury 8/12/2023 230812-CFA01011 00:01:40 SAN CARLOS ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 8/13/2023 230813-CFA01015 00:04:29 CAMINO REAL 16TH AVE 3 EMS call, excluding vehicle accident with injury 8/13/2023 230813-CFA01016 00:04:44 CARMEL CENTER PL RIO RD 3 EMS call, excluding vehicle accident with injury 8/17/2023 230817-CFA01034 00:03:23 LINCOLN ST 8TH AVE 3 EMS call, excluding vehicle accident with injury 8/17/2023 230817-CFA01035 00:02:34 DOLORES ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 8/17/2023 230817-CFA01040 00:12:46 SAN ANTONIO AVE 8TH AVE 3 EMS call, excluding vehicle accident with injury 8/18/2023 230818-CFA01042 00:04:43 LOBOS ST 2ND AVE 3 EMS call, excluding vehicle accident with injury 8/18/2023 230818-CFA01045 00:03:07 SAN ANTONIO AVE 8TH AVE 3 EMS call, excluding vehicle accident with injury 8/19/2023 230819-CFA01049 00:04:43 6TH AVE MISSION ST 3 EMS call, excluding vehicle accident with injury 8/19/2023 230819-CFA01050 00:02:37 SAN CARLOS ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 8/19/2023 230819-CFA01053 00:02:59 LINCOLN ST 3RD AVE 3 EMS call, excluding vehicle accident with injury 8/19/2023 230819-CFA01055 00:04:29 PALOU AVE CASANOVA ST 3 EMS call, excluding vehicle accident with injury 8/20/2023 230820-CFA01061 00:03:33 JUNIPERO AVE 4TH AVE 3 EMS call, excluding vehicle accident with injury 8/21/2023 230821-CFA01069 00:03:49 MONTE VERDE ST 10TH AVE 3 EMS call, excluding vehicle accident with injury 8/22/2023 230822-CFA01070 00:02:00 MISSION ST 13TH AVE 3 EMS call, excluding vehicle accident with injury 8/22/2023 230822-CFA01071 00:02:26 SAN CARLOS ST 11TH AVE 3 EMS call, excluding vehicle accident with injury 8/23/2023 230823-CFA01074 00:03:15 OCEAN AVE CARMELO ST 3 EMS call, excluding vehicle accident with injury 8/23/2023 230823-CFA01079 00:02:40 JUNIPERO AVE 6TH AVE 3 EMS call, excluding vehicle accident with injury 8/25/2023 230825-CFA01088 00:03:05 JUNIPERO AVE 5TH AVE 3 EMS call, excluding vehicle accident with injury 8/25/2023 230825-CFA01089 00:03:35 CARMELO ST 9TH AVE 3

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Date From: 08/01/2023 To: 08/31/2023
100 Series (Fires)
300-321 Series (EMS)
23 08 CFA Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
100 Series (Fires)
EMS call, excluding vehicle accident with injury 8/25/2023 230825-CFA01094 00:03:28 SAN CARLOS ST 7TH AVE 3 EMS call, excluding vehicle accident with injury 8/26/2023 230826-CFA01096 00:02:00 5TH AVE MISSION ST 3 EMS call, excluding vehicle accident with injury 8/27/2023 230827-CFA01100 00:04:58 MISSION ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 8/28/2023 230828-CFA01106 00:02:13 8TH AVE SAN CARLOS ST 3 EMS call, excluding vehicle accident with injury 8/30/2023 230830-CFA01114 00:02:13 JUNIPERO AVE 8TH AVE 3 34 0:03:26
Motor vehicle accident with injuries 8/17/2023 230817-CFA01039 00:03:23 8TH AVE CASANOVA ST 3 1 0:03:23
Hazardous condition, other 8/2/2023 230802-CFA00971 00:03:22 3RD AVE LOBOS ST 3 Hazardous condition, other 8/5/2023 230805-CFA00983 00:02:49 JUNIPERO AVE ALTA AVE 3 Hazardous condition, other 8/11/2023 230811-CFA01003 00:03:19 SCENIC RD OCEAN AVE 3 Hazardous condition, other 8/15/2023 230815-CFA01027 00:03:04 CASANOVA ST OCEAN AVE 3 Electrical wiring/equipment problem, other 8/2/2023 230802-CFA00968 00:04:08 CAMINO REAL ST 10TH AVE 3 5 0:03:20
Water or steam leak 8/24/2023 230824-CFA01084 00:03:16 JUNIPERO AVE 8TH AVE 3 Water or steam leak 8/3/2023 230803-CFA00974 00:03:59 SANTA RITA ST OCEAN AVE 3 Public service assistance, other 8/25/2023 230825-CFA01087 00:05:18 MONTE VERDE ST 8TH AVE 3 3 0:04:11
False alarm or false call, other 8/1/2023 230801-CFA00965 00:03:21 TORRES ST 10TH AVE 3 False alarm or false call, other 8/15/2023 230815-CFA01026 00:04:32 12TH AVE CASANOVA ST 2 False alarm or false call, other 8/20/2023 230820-CFA01060 00:03:39 CAMINO REAL ST 8TH AVE 3 False alarm or false call, other 8/21/2023 230821-CFA01068 00:03:12 SAN ANTONIO AVE OCEAN AVE 3 False alarm or false call, other 8/22/2023 230822-CFA01073 00:03:49 CAMINO REAL ST 8TH AVE 3 False alarm or false call, other 8/26/2023 230826-CFA001095 00:02:00 SANTE FE FE/5TH 3 False alarm or false call, other 8/30/2023 230830-CFA01118 00:03:11 OCEAN AVE MISSION ST 3 Alarm system activation, no fire - unintentional 8/20/2023 230803-CFA00973 00:03:34 CAMINO REAL ST 8TH AVE 3 Carbon monoxide detector activation, no CO 8/3/2023 230815-CFA01023 00:05:29 2ND AVE CARPENTER ST 3 Carbon monoxide detector activation, no CO 8/15/2023 230820-CFA01064 00:03:07 DOLORES ST 5TH AVE 3 10 0:03:35
Code 2 Calls 1
Code 3 Calls 53
54 92%
230815-CFA01023 Did not hit the on scene button Total Average Response Time 0:03:29 Over 5 Minute Response Times Cause of Delay: Code 3 Responses Total # of Incidents
% Under 5 Minute Response Time
230810-CFA00998 Did not hit the on scene button
322-399 Series (Rescues)
400 Series (Hazardous Material)
500 & 600 Series (Service Calls)
700 Series (False Alarms)
300-321 Series (EMS) cont.
230817-CFA01040 Unable to locate address, incorrect address 230825-CFA01087 Did not hit the on scene button
23 08 CFA Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority

CARMEL HIGHLAND
EMS call, excluding vehicle accident with injury 8/28/2023 230828-CFA01103 00:15:31 1 MENTONE RD 3 EMS call, excluding vehicle accident with injury 8/25/2023 230825-CFA01092 00:06:56 120 HIGHLAND DR 3 EMS call, excluding vehicle accident with injury 8/19/2023 230819-CFA01057 00:05:01 LINCOLN ST OCEAN AVE 3 EMS call, excluding vehicle accident with injury 8/15/2023 230815-CFA01025 00:10:34 120 HIGHLAND DR 2 EMS call, excluding vehicle accident with injury 8/28/2023 230828-CFA01107 00:08:53 31453 HWY 1 3 Motor vehicle accident with injuries 8/20/2023 230820-CFA01058 00:09:47 HWY 1 SONOMA LN 3 Motor vehicle accident with injuries 8/5/2023 230805-CFA00985 00:09:55 HWY 1 SPINDRIFT RD 3 Motor vehicle accident with no injuries. 8/12/2023 230812-CFA01006 00:16:39 HWY 1 AURORA DEL MAR 3 8 0:10:24

CARMEL VALLEY
EMS call, excluding vehicle accident with injury 8/1/2023 230801-CFA00964 00:13:08 8545 CARMEL VALLEY RD 2 1 0:13:08

CYPRESS
Rescue, EMS incident, other 8/7/2023 230807-CFA00992 00:07:07 27720 HWY 1 3 Emergency medical service incident, other 8/9/2023 230809-CFA00997 00:06:56 HWY 1 ATHERTON DR 3 EMS call, excluding vehicle accident with injury 8/5/2023 230805-CFA00982 00:06:13 3305 RIO RD 3 EMS call, excluding vehicle accident with injury 8/10/2023 230810-CFA01001 00:10:41 24900 PINE HILLS DR 3 EMS call, excluding vehicle accident with injury 8/16/2023 230816-CFA01030 00:06:37 3850 RIO RD 3 EMS call, excluding vehicle accident with injury 8/28/2023 230828-CFA01104 00:05:53 26040 DOUGHERTY PL 3 EMS call, excluding vehicle accident with injury 8/27/2023 230827-CFA01102 00:01:16 4860 CARMEL VALLEY RD 2 EMS call, excluding vehicle accident with injury 8/27/2023 230827-CFA01101 00:05:25 26050 RIO VISTA DR 3 EMS call, excluding vehicle accident with injury 8/26/2023 230826-CFA01097 00:05:25 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 8/23/2023 230823-CFA001078 00:07:00 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 8/23/2023 230823-CFA01077 00:05:00 3850 RIO RD 3 EMS call, excluding vehicle accident with injury 8/19/2023 230819-CFA01052 00:07:16 26212 MESA PL 3 EMS call, excluding vehicle accident with injury 8/16/2023 230816-CFA01033 00:05:40 3665 RIO RD 3 EMS call, excluding vehicle accident with injury 8/16/2023 230816-CFA01031 00:07:13 26245 CARMEL RANCHO BLVD 3 EMS call, excluding vehicle accident with injury 8/15/2023 230815-CFA01024 00:06:56 26140 S CARMEL HILLS DR 3 EMS call, excluding vehicle accident with injury 8/14/2023 230814-CFA01019 00:06:12 558 CARMEL RANCHO SHOPPING CENTER 3 EMS call, excluding vehicle accident with injury 8/13/2023 230813-CFA01017 00:04:37 3425 MOUNTAIN VIEW AVE 3 EMS call, excluding vehicle accident with injury 8/13/2023 230813-CFA01014 00:04:27 26171 MESA DR 3 EMS call, excluding vehicle accident with injury 8/12/2023 230812-CFA01013 00:08:00 4380 CARMEL VALLEY RD 3 EMS call, excluding vehicle accident with injury 8/12/2023 230812-CFA01010 00:05:11 3850 RIO RD 3 EMS call, excluding vehicle accident with injury 8/11/2023 230811-CFA01005 00:06:40 3775 RIO RD 3

RESPONSE SUMMARY REPORT BY DISTRICT
27015 CARMEL-BY-THE-SEA FIRE AMBULANCE
Alarm Date From: 08/01/2023 To: 08/31/2023
23 08 CFA Activity Report.xlsx 1
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
CYPRESS cont.

EMS call, excluding vehicle accident with injury 8/7/2023 230807-CFA00990 00:03:38 3600 OCEAN AVE 3 EMS call, excluding vehicle accident with injury 8/7/2023 230807-CFA00989 00:07:13 26525 FISHER DR 3 EMS call, excluding vehicle accident with injury 8/5/2023 230805-CFA00986 00:03:43 26392 VALLEY VIEW AVE 3 EMS call, excluding vehicle accident with injury 8/4/2023 230804-CFA00980 00:06:32 26135 3 EMS call, excluding vehicle accident with injury 8/4/2023 230804-CFA00977 00:08:42 3575 EDGEFIELD PL 3 EMS call, excluding vehicle accident with injury 8/3/2023 230803-CFA00976 00:04:41 200 CLOCK TOWER PL 3 EMS call, excluding vehicle accident with injury 8/2/2023 230802-CFA00970 00:05:27 3665 RIO RD 3 EMS call, excluding vehicle accident with injury 8/31/2023 230831-CFA01122 00:05:52 3772 THE BARNYARD 3 EMS call, excluding vehicle accident with injury 8/31/2023 230831-CFA01119 00:05:39 HWY 1 OCEAN AVE 3 EMS call, excluding vehicle accident with injury 8/30/2023 230830-CFA01115 00:07:26 25470 CANADA DR 3 EMS call, excluding vehicle accident with injury 8/29/2023 230829-CFA01113 00:06:48 24595 CAMINO DEL MONTE 3 EMS call, excluding vehicle accident with injury 8/27/2023 230827-CFA01099 00:05:12 26160 MONTE VERDE ST 3 EMS call, excluding vehicle accident with injury 8/25/2023 230825-CFA01090 00:03:35 25725 BALDWIN PL 3 EMS call, excluding vehicle accident with injury 8/15/2023 230815-CFA01028 00:07:01 3850 RIO RD 3 EMS call, excluding vehicle accident with injury 8/3/2023 230803-CFA00975 00:08:46 24940 OUTLOOK DR 3 Motor vehicle accident with injuries 8/20/2023 230820-CFA01062 00:05:16 26135 3 Assist invalid 8/22/2023 230822-CFA01072 00:05:42 3850 RIO RD 3 Assist invalid 8/21/2023 230821-CFA01067 00:05:01 26346 RIVER PARK PL 3 False alarm or false call, other 8/11/2023 230811-CFA01002 00:05:13 26245 CARMEL RANCHO BLVD 3 40 0:06:02
MARINA
EMS call, excluding vehicle accident with injury 8/29/2023 230829-CFA01111 00:16:07 3170 LAKE DR 3 EMS call, excluding vehicle accident with injury 8/4/2023 230804-CFA00981 00:15:49 3125 MESSINGER DR 3 2 0:15:58

MONTEREY
EMS call, excluding vehicle accident with injury 8/19/2023 230819-CFA01054 00:09:37 DAVID AVE WAVE ST 3 EMS call, excluding vehicle accident with injury 8/18/2023 230818-CFA01048 00:09:00 1575 SKYLINE DR 3 EMS call, excluding vehicle accident with injury 8/14/2023 230814-CFA01021 00:03:11 1501 SKYLINE DR 3 EMS call, excluding vehicle accident with injury 8/7/2023 230807-CFA00991 00:14:11 30 GARDEN CT 2 EMS call, excluding vehicle accident with injury 8/30/2023 230830-CFA01117 00:07:43 1046 MUNRAS AVE 3 EMS call, excluding vehicle accident with injury 8/23/2023 230823-CFA001076 00:08:00 200 GLENWOOD CIRCLE 3 Cover assignment, standby, moveup 8/14/2023 230814-CFA01020 00:00:03 MUNRAS AVE SOLEDAD DR 2 7 0:07:24

PACIFIC GROVE
EMS call, excluding vehicle accident with injury 8/14/2023 230814-CFA01018 00:11:16 SUNSET DR SEVENTEEN MILE DR 3 1 0:11:16

PEBBLE BEACH
EMS call, excluding vehicle accident with injury 8/28/2023 230828-CFA01105 00:13:07 13 SPANISH BAY CIR 3 EMS call, excluding vehicle accident with injury 8/24/2023 230824-CFA01082 00:08:04 1576 CYPRESS DR 3 EMS call, excluding vehicle accident with injury 8/19/2023 230819-CFA01056 00:09:43 1500 CYPRESS DR 3 23 08 CFA Activity Report.xlsx 2
Incident Alarm Date Incident Number Response
Time Combined Address Cross Street Priority
PEBBLE BEACH cont.

EMS call, excluding vehicle accident with injury 8/19/2023 230819-CFA01051 00:07:48 1700 SEVENTEEN MILE DR 3 EMS call, excluding vehicle accident with injury 8/11/2023 230811-CFA01004 00:07:41 CYPRESS DR SEVENTEEN MILE DR 3 EMS call, excluding vehicle accident with injury 8/6/2023 230806-CFA00987 00:10:49 651 SINEX AVE 3 EMS call, excluding vehicle accident with injury 8/31/2023 230831-CFA01120 00:12:28 STEVENSON DR PORTOLA RD 3 EMS call, excluding vehicle accident with injury 8/20/2023 230820-CFA01065 00:08:45 3152 FOREST LAKE RD 3 Motor vehicle accident with injuries 8/20/2023 230820-CFA01063 00:11:08 BIRD ROCK RD STEVENSON DR 3 Motor vehicle accident with injuries 8/18/2023 230818-CFA01047 00:11:11 1700 SEVENTEEN MILE DR 3 Dispatched & canceled en route 8/29/2023 230829-CFA01109 00:07:28 1700 SEVENTEEN MILE DR 3 11 0:09:50

SEASIDE
EMS call, excluding vehicle accident with injury 8/25/2023 230825-CFA01093 00:14:03 1571 WARING ST 3 EMS call, excluding vehicle accident with injury 8/18/2023 230818-CFA01044 00:13:05 971 HARCOURT AVE 3 2 0:13:34
Code 2 Calls 5
Code 3 Calls 67
72 Total Average Response Time 0:10:38
Total # of Incidents
23 08 CFA Activity Report.xlsx 3
District Response Number Average Response Time
Carmel-By-The-Sea 54 3:29
Carmel Highlands 8 10:24
Carmel Valley 1 13:08
Cypress Fire Protection 40 6:02
Marina 2 15:58
Monterey 7 7:24
Pacific Grove 1 11:16
Pebble Beach 11 9:50
Seaside 2 13:34
Total Responses 126 10:07
Total Code 3 Calls: 53
CFA Response Times for Code 3
Calls ≤ 5 minutes: 92%

CITY OF CARMEL - FIRE AMBULANCE DEPARTMENT
AUGUST 2023
Response Summary Report by District Type
Carmel-By-The-Sea
43%
Carmel Highlands
6%
Carmel Valley
1%
Cypress Fire Protection
32%
Marina
1%
Monterey
5%
Pacific Grove
1%
Pebble Beach
9%
Seaside
2% Carmel-By-The-Sea
Carmel Highlands
Carmel Valley
Cypress Fire Protection
Marina
Monterey
Pacific Grove
Pebble Beach
Seaside
S:\600-Public-Safety\601-Fire-Safety-Admin\601-05-Fire-Services-OtherAgencies\Carmel\CFA Reports\23 08 CFA Response Summary.xlsx 9/7/2023 City Clerk PRA Log
August 2023
Request
Number
Date
Requested
10‐day
Response
Date
Records Requested Requestor
Name
Date
Completed Notes
2023‐78 8/1/2023 8/11/2023
all correspondence, reports , assignments, contracts,
and services between Davey tree company and Carmel
by the sea from October 1, 2022 to April 1, 2023.

Parker Logan 8/17/2023
sent contract with DRG
on 8/1/2023, sent
additional responsive
records 8/11/23. final set
of records sent 8/17/23
2023‐79 8/2/2023 8/14/2023 The name of the firm that conducted the investigation into former Carmel Police Chief Alan Ward, and the
total spent on the investigation.

Pam Marino 8/2/2023 response sent
2023‐80 8/3/2023 8/14/2023
Which council members requested to call back the item
regarding  the HRB approval of the JB Pastor project vis a vis the wall filed with the city.

Mary Schley 8/3/2023 records sent
2023‐81 8/4/2023 8/14/2023
names and titles as well as contact information for all custodians of records for the Carmel By the Sea's City
Council Meeting held on August 1, 2023. annonymous 8/4/2023 response sent 2023‐82 8/4/2023 8/14/2023
The cost incurred by the City of Carmel for the presence of Brian Pierik at the August 1, 2023 City Council
Meeting
annonymous 8/11/2023 response sent
2023‐83 8/4/2023 8/14/2023
All text and emails sent or received by;
Mayor Dave Potter, Mayor Pro Tem Bobby Richards
CouncilMembers Jeff Baron, Karen Ferlito, Alissandra
Dramov, City Clerk Nova Romero, City Manager Chip
Rerig, City Attorney Brian Pierik
CPB Director Brandon Swanson,
during the City Council Meeting held on August 1, 2023.

Beginning at 4:30 until the meeting officially adjourned (at 6:15 pm)
annonymous 8/11/2023 response sent
2023‐84
(Next
request ID
2023‐11)
8/4/2023 8/14/2023 any 496 forms that were filed either in support or opposition of Measure C, which was on the ballot in
March 2020 in Carmel‐by‐the‐Sea
Jack Maedgen 8/7/2023 response sent
2023‐85 8/7/2023 8/17/2023
1) any correspondence to the City Council from "B.

Wilke" (within the past 90 days) that discuss David
O'Neil or Karyl Hall; and 2) email correspondence on
July 27, 2023, between Councilmembers Ferlito,
Dramov, and Mayor Potter.

David O'Neil 8/15/2023 records sent
2023‐86 8/18/2023 8/28/2023 Certificate of Insurance for City of Carmel by the Sea's City Attorney Brian Pierik annonymous 8/29/2023 record sent 2023‐87 8/18/2023 8/28/2023
Please provide name and contact information for:

1. Nova Romero supervisor.

2. Carmel by the Sea's Comptroller.

3. Carmel by the Sea's Liability Insurance
annonymous 8/25/2023 response sent
2023‐88 8/21/2023 8/31/2023 Property file information on Lincoln 3 SW 12th Mark Ryan 8/21/2023 records sent 2023‐89 8/25/2023 9/5/2023 2023 TOT report Pam Marino 8/25/2023 records sent 2023‐90 8/28/2023 9/7/2023
sewer, storm drain and water info for a fiber cable
installation project in 3678 The Barnyard, Carmel‐By‐
The‐Sea, CA 93923
Kumar Manik 8/28/2023
no records (location is in
the County). Notified
requester.
2023‐91 8/29/2023 9/8/2023 City of Carmel Org Chart annonymous 8/29/2023 send record Attachment 3
City Clerk PRA Log
August 2023
Request
Number
Date
Requested
10‐day
Response
Date
Records Requested Requestor
Name
Date
Completed Notes
2023‐92 8/30/2023 9/11/2023 Name and title of the head of Finance within City of Carmel annonymous 8/31/2023 response sent
2023‐93
(Next
Reqeust ID#
23‐13)
8/30/2023 9/11/2023

1. Rehak Construction Contract

2. List of subcontractors, 3. Copy of the executed Notice of Completion, 4. Inspector's daily logs/work logs and
photos for this project

5. Daily work site sign in sheets for Thomas Rehak's
workers, 6. Statement of Employer payments (DIR Form
PW 26), 7. Unredacted certified payroll records for
Thomas Rehak workers
Debby Terry,
NorCal
Construction
Industry
Compliance
(NCIC), JLMCC,
c/o J. Atencio,
Compliance
Agent
9/12/2023
records for items 1‐2 sent
on 8/31. records for
items 3, 4, 5, 6, and 7
sent on 9/8/23. daily sign
in sheets sent 9/12.
2023‐94 8/31/2023 9/11/2023 Name and contact info for the City's Information Technology Manager annonymous 8/31/2023 response sent
2023‐95 8/28/2023 9/7/2023 business license app for BL 23‐040 Mary Schley 9/8/2023 records sent Attachment 3
Request
No.

Request Date &
Received By
10‐Day    Due
Date
Date
Completed by
Requestor Info Requested
2023‐0001 07/24/23 MW 08/03 JK
Medical Board of CA ‐
Eric Berumen
Report, CAD, Phone
recording
2023‐0002 8/3/23 DA 8/13/2023 8/3 DA Maniyel Agacanyan CA2300312 2023‐0003 8/3 DA 8/13/2023 8/3 DA Rosalia MoralesMendez CG2300493 2023‐0004 8/3 DA 8/13/2023 8/4 DA Lexis Nexis CA2300308 2023‐0005 8/3 DA 8/13/2023 8/4 DA Lexis Nexis Accident Report 2023‐0006 08/07/ mw 8/17/2023 08/07 mw Christopher Winfield CG2300183 2023‐0007 8/12 DA 8/22/2023 8/12 DA Suzanne Meierding CG2300213 report/photos
2023‐0008 08/21 mw 8/31/2023 08/21 AI/MW susan albertson CG2300022 2023‐0009 8/24 da 9/4/2023 8/24 DA Antolin Sanchez CA2300272 2023‐0010 8/24 da 9/4/2023 8/24 DA Lexis Nexis CG2300306 2023‐0011 8/24 da 9/4/2023 8/25 DA Lexis Nexis CC2300266 2023‐0012 8/25 da 9/5/2023 8/25 DA Lexis Nexis CA2300290 2023‐0013 8/25/2023 9/5/2023 25‐Aug Lexis Nexis CG2300306/photos only
2023‐0014 8/25/2023 9/5/2023 25‐Aug Lexis Nexis CA2300312 2023‐0015 25‐Aug 9/5/2023 25‐Aug Lexis Nexis CC2300287
2023‐0016 8/25 DA 9/5/2023 27‐Aug Julia Cominos CG0800027 2023‐0017 8/28/2023 9/8/2023 28‐Aug Pamela Gallegos CG2300397 2023‐0018 8/28/23 DA 9/8/2023 28‐Aug Mercedes Rodriguez CA2300287 2023‐0019 8/29/23 DA 9/9/2023 9/2 DA Virginia Kennedy CC2300321 Police Department PRA Log
August 2023
Attachment 3

CITY OF CARMEL-BY-THE-SEA
Public Works Department
August 2023 Monthly Report
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Robert M. Harary, P.E., Director of Public Works SUBMITTED ON: September 5, 2023
APPROVED BY: Chip Rerig, City Administrator
City Council Meeting of August 1, 2023
• Adopted Resolution 2023-077, awarding a construction contract to Bowen Engineering for the Mission Trail Nature Preserve (MTNP) Well Decommissioning, and Tank and Pump House Removal Project for an amount, with contingency, of $139,700.

Forest and Beach Commission Meeting of August 10, 2023
• At Ocean Avenue, 4 northeast of Guadalupe, deferred a request to prune limbs of a significant oak tree owned by a neighbor, until there is more information regarding a proposed, second story addition. • Approved the removal of one Coast live oak located close to a house and with a significant lean, but only upon approval of a planning Design Study and issuance of a Building Permit. • At the southwest corner of Santa Fe and Mountain View Avenue, approved the removal of 2 Coast live oaks and required replanting of two upper canopy trees at the Applicant’s expense. These trees were adjacent to other trees that fell during the storms and destroyed a garage that needs to be rebuilt. • At Camino Real, 2 northwest of Thirteenth Avenue, approved the removal of a Monterey pine causing substantiated damage to a house, and required planting of one upper canopy tree at the Applicant’s expense.
• For the Coastal Engineering Study, Dr. Revell, a consultant with Integral Corp, presented results of their Seasonal and Long-Term Beach and Shoreline Change Analysis. Commissioners expressed concern that the Analysis did not give rise to the serious condition of the beach infrastructure and potential risks. The consultants will provide a draft of the technical report’s Executive Summary for Commission review at an upcoming meeting.
• For the Urban Forest Master Plan (UFMP), Tom Ford providing an overview of the first Public Workshop held in July, and the status of consultant Davey Resource Group’s development of the UFMP. He suggested to have DRG review the final draft UFMP Community Survey for any comments before it is released to the general public. Commissioners requested holding a Special Meeting to focus on this item.
• As a Beautification Project, three design options were presented for the five raised median islands along Ocean Avenue. Forester Ono presented Option #1, which was approved in February 2022 and implemented in the island between Lincoln and Monte Verde Streets. He also presented Option #2 which was the original design by landscape architect Thomas Church when the medians were constructed in 1938. Alan Wheat, Professor of Horticulture at MPC, presented Option #3 which would embellish Option #1 with more tree work, create a “pollinator pathway,” and install a greater variety of local plants and shrubs. With public support, the Commission selected the Option #3 design concept. • Commissioner Sours provided an overview of the Commission's Carmel Beach Tour of Inspection in July, and discussed the need for maintenance and urgent repairs of several coastal protection structures, including vertical seawalls, sloping revetments, stairways, and storm drains. • Presented the Public Works Reports, including the Forestry Division Updates, for June and July 2023.

Attachment 4
Public Works Department Report – August 2023

Traffic Safety Committee Meeting of August 23, 2023
• Committee reviewed MTNP documents allowing limited bicycle access on main trails only, existing bike signs, and a few prior complaints. While noting off-trail bikes and e-bikes do cause damage to the Preserve, but recognizing limited capacity to enforce the rules, the Committee decided to continue to monitor the situation.
• Request for “Cross Traffic Does Not Stop” signs at the Monte Verde Street and Seventh Avenue intersection was denied.
• Request to remove a green loading zone on Lincoln Street, north of Eighth Avenue, was approved. • Request to convert a compact parking stall in the Park Branch Library parking lot, adjacent to Junipero Street, to motorcycle only parking, was approved.
• Request for three new “Stop” signs, one for westbound First Avenue at the T-intersection with Pescadero Road, and two at the Second Avenue and Lincoln Street intersection, were supported and will be presented to the City Council for approval at an upcoming Council meeting.

City Council Special Meeting of July 20, 2023
• Workshop included Council review of 22 Strategic Priorities for the City. Ten priorities pertaining to Public Works included: Police Building Renovation Project, reducing fire risk through fuel reduction, development of the Urban Forest Master Plan, updating the Stormwater Ordinances, volunteer oversight/facilitation/ appreciation, increasing beautification efforts, developing facility maintenance plans and renovation projects, Rule 20A undergrounding utilities, exploring Scout House options, and the Coastal Engineering Study/Climate Committee.
• Based on Council guidance, as well as public comments and input from the Carmel Resident’s Association Survey, these strategic initiatives will proceed with generally minor modifications. One notable change will be to dissect the Rule 20A Undergrounding Project into a one-time, limited project using Rule 20A funds, from a long-range, City-wide undergrounding feasibility program.

Administration
• Jaime Aquino, a 25-year veteran with the City, was promoted to Maintenance Worker III. • Project Manager Javier Hernandez represented Carmel at the annual American Public Works Association Conference in San Diego.
• Received $21,500 from the Transportation Agency of Monterey County (TAMC) for reimbursement of eligible Regional Transportation Improvement Program expenses, including traffic paint, EV charging station connections, and sidewalk repairs.
• Met with representative of the California Department of Housing and Community Development (HCD) regarding the Scout House renovation project. The City’s adopted resolutions assumed the proposed project was exempt from the Surplus Lands Act; but, per HCD, the Surplus Lands Act did not apply. • Working with the Finance Department, checked over the Master Contracts database, removed expired contracts and agreements, and began updating the database with active contracts and agreements. • Developed a plan for extra trash bins, portable toilets, and sinks rented for holiday weekends and special events, so that they rotate along Scenic Road, rather than repeatedly placed in two locations. • All Public Works staff attended Traffic Control Safety training.

Carmel Cares and Other Volunteers
• Substantially completed construction of the Scenic Pathway Guardrail Repair Project. • Received design review approval for new cigarette butt containers provided by Keep America Beautiful, to replace the existing, smaller “Butt Stops Here” containers. New containers will also be attached to trash containers.
• “Median Minders” volunteers continued to improve medians across the Village. • “Downtown Detail” volunteers continued to beautify bulb-outs and sidewalks in the downtown area. • “Pick Up Posse” and “Tag Team” volunteers continued to pick up trash, eradicate graffiti, and remove illegal stickers.
• The Friends of Mission Trail Nature Preserve improved the Doolittle Trail making it safer to travel around a muddy bog.
• Cindy Lloyd pruned and beautified the flower beds and plants around the WWI Memorial Arch.

Attachment 4
Public Works Department Report – August 2023

Environmental Programs
• Met with the Coastal Commission and consultants EMC and Integral Corp. to finalize the application for a non-competitive, $500,000 Local Coastal Program grant. Grant will fund the Coastal Engineering Study, Phase II project as well as reimburse the City up to $50,000 for project management. Grant submitted to City Council for approval at the September 12th meeting. • Met with the City Attorney’s office to review modifications requested by the Coastal Commission regarding the City’s draft Stormwater Ordinance updates. Some modifications were removed, and the ordinances are now ready for the first Public Hearing at the October Council meeting. • Held kickoff meeting with Denise Duffy & Associates for the North Dunes Habitat Restoration Project.

DDA prepared an initial memorandum assessing the existing conditions of the site, noted overall good conditions, and recommended minor repairs to fencing, and removal of ice plant and acacia saplings. • Began contacting volunteers to schedule consistent, ongoing weed pulling and ice plant removals in the North Dunes habitat area.
• So that all entities that clean up Carmel Beach do so consistently and within the standards of a Marine Sanctuary and Area of Special Biological Significance, developed a draft list of trash items that should be removed from the beach, natural materials that should remain on the beach, items to be recycled, lost and found items to be reported to the Police, and phone numbers for various mammals found injured or deceased on the beach. Draft Policy to be presented to Forest and Beach Commission on September 14th.
• Public outreach noted in Friday Letters included: electrifying your home, electrifying your vehicle, and Blue Supermoon tidal impacts.
• Processed documentation associated with Energy Watch’s recent installation, at no cost to the City, of electric heat pump water heaters in four City buildings.

Facility Maintenance
• To begin the FY 2023/24 ADA Upgrades Project, vendor painted contrasting yelling nosing on all outdoor steps surrounding the Harrison Memorial Library (HML). • For the Sunset Center Bollards CIP project, received final quotes for up to 10 new bollards around the Sunset Center box office, and placed an order for delivery. • For the Police Dispatch room, staff installed drywall, a contractor taped and painted the walls, electricians modified the electrical and IT wiring, and the flooring was completed, all prior to installing grant-funded modular furniture in September.
• Installed a decorated, solar-powered safety light in the northwest corner of the Police parking lot. • Contractor reconstructed concrete steps and adjacent sidewalk outside of the Park Branch Library which were damaged by tree roots.
• Vendor repaired flooring in two bathrooms in the HML. • Electrical contractor made corrections to their recently-upgraded switches and electrical panels in the Public Works Garage which were not properly installed.
• Contractor inspected the fire sprinkler systems in City buildings and began making minor, but required, repairs.
• Vendor cleaned the windows at numerous City buildings. • At the Fire Station, made adjustments to the Plymovent vehicle exhaust system, and supported efforts to cool down the IT server equipment in the utilities closet. • Began to replace corroded drinking fountain heads at City-wide locations.

Project Management for the Capital Improvement Program
4 Leaf Projects:
• For the Police Building Project, Indigo Architects conducted a detailed building condition assessment and space programming interviews with key stakeholders.

Ausonio, Inc. Projects:
• Amendment No. 1 to the Professional Services Agreement (PSA) with Ausonio was executed for FY 2023/24 services for a not-to-exceed fee of $125,000, and the Notice to Proceed was issued.

Attachment 4
Public Works Department Report – August 2023

• For the bundled project for City Hall Roof Replacement, Sunset Center Exterior Painting - north wing, Cottage Windows Repairs, and Harrison Memorial Library Exterior/Interior Painting, the August 1st prebid meeting/tour was attended by 14 contractors, two addenda were issued, and two bids were received at the August 22nd Bid Opening. The low bid of $1.27M was nearly twice the cost estimate of $675k.
• After evaluation of the Bids, a staff report was submitted for Council to reject the bids at their September 12th meeting and direct staff to evaluate alternative contracting methods before rebidding. • Met with City’s on-call architectural firm, Ten Over Studio, to request preparation of a new scope of work, fees, and schedules for design of three new projects: Sunset Center Portico, Sunset Center Retaining Wall Repairs, and the San Antonio Pathway Reconstruction Project, between Second and Fourth Avenues. A tour of these facilities followed in late August.

Wallace Group Projects:
• For the FY 22/23 Concrete Streets Repair Project, Amendment No. 1 was prepared with BKF Engineers for $49,092, for additional services associated with intermitted street returns along Ocean Avenue, and a staff report was submitted for Council approval at the September 12th meeting. • For the FY 23/24 City-wide Paving Project, Wallace Group submitted a proposed scope of work, fees, and schedule to perform the engineering and design work. Proposal under review. • For the Coastal Infrastructure Repair Project, Wallace Group submitted a proposed scope of work, fees, and schedule to perform the project management oversight of a third-party design consultant.

Proposal under review.

Additional Projects:
• For the MTNP Well and Tank/Pump House Removal Project, following award of the $139,700 bid by Bowen Engineering, the construction contract was executed and the Notice to Proceed was issued on September 1st. Construction to commence by mid-September. • For the FY 2021/22 Paving Project, bid advertising commenced on August 7th, and a pre-bid meeting was held on August 24th. The Bid Opening is scheduled for September 12th. This Project covers asphalt overlays along seven streets, micro-surfacing along three streets, and four sidewalk repairs. • For the MTNP 3 Drainage Improvement Projects, the Water Quality Control Board approved the 401 Water Quality Permit. Dudek and staff continued an extended back and forth dialog and resubmittals with the California Department of Fish and Wildlife for the final of three regulatory permits. • The improvement and traffic control plans, submitted by Wave Broadband for their proposed fiber optics infrastructure project spanning across the City, were approved. A CEQA Notice of Exemption is being prepared, final mitigation measures were finalized for the Encroachment Permit with Special Conditions of Approval, and a presentation by Wave’s representative to describe the project purpose, scope, and mitigation of impacts, was deferred to the October City Council meeting. • For the design of four, high-priority Drainage Improvements Project, Amendment No. 1 was executed, Notice to Proceed was issued, and a kickoff meeting was held with Neill Engineers. • For the Electrical Panel Upgrades Project at several City buildings, a replacement electrical panel for the Sunset Center north lot, and additional EV charging stations at Vista Lobos, the PSA was executed, Notice to Proceed was issued, and a kickoff meeting was held with Advance Design Consultants.

Street Maintenance
• Supported the Leadership Carmel Class of 2023 by installing nature play facilities at the Forest Hill Park including: a log tunnel, braille panel, log clusters, hardwood stump seats emulating a classroom setting under a redwood grove, hawk perch, and owl boxes. • For the very busy Car Week, Street crews provided parking signage, deployed vehicle barriers, and placed traffic control devices in concert with the Police Department. Also provided additional staffing, trash bins, portable toilets, sinks, and supplemented trash pickups. • Purchased portable speed bumps strips, and deployed them across upper Ocean Avenue during Car Week as a pilot project.

Attachment 4
Public Works Department Report – August 2023

• The new, RAVO 5E electric street sweeper arrived, was customized for Carmel, and several staff operators were trained. Received $223,177 from 3CE for the electric street sweeper, representing the cost differential above the cost of a conventional, diesel-fueled sweeper. • Installed new trash bins near the Lincoln Street/Seventh Avenue, and Carmelo Street/Santa Lucia Avenue intersections.
• Installed thermoplastic parking tees along Dolores Street and stop bars at various intersections. • Distributed 200 boxes of produce generously provided by Rancho Cielo.

Forestry, Parks, and Beach (Forester’s Report)
 Snapshot of Davey Resource Group’s status for the development of the UFMP:
o Tree Inventory - complete
o Tree Canopy and Land Cover Assessment – complete
o Urban Forest Economics Resource Analysis – V.1 complete/under review by CBTS o Stakeholder Interviews – 99%
o Draft 1 of UFMP – 45%
 Amendment No. 1 to the PSA with Davey Resource Group was executed, and a Notice to Proceed was issued for additional services associated with the UFMP.  Forestry assisted Leadership Carmel’s nature play equipment project at Forest Hill Park and coordinated with their tree contractor for installation of two owl boxes and a hawk perch.  On-call tree services contractors Community Tree Service, Tope’s Tree Service, and West Coast Arborists were issued Task Orders for numerous tree removals, stump removals, and pruning of several trees. The Task Order process is becoming more streamlined by significantly increasing the quantities of tree work making cost estimating by contractors, and tracking by the City, more efficient.  Landscape maintenance contractor, Town & Country, continues providing a wide range of landscaping services throughout the City. Public comments have become increasingly positive.  Met with the Community Planning and Building Department for Forestry to resume the review of private development landscaping plan reviews and tree protection inspections.  The City’s new stump grinder was put into a routine part of forestry maintenance operations. As stumps are removed, new trees were planted.
 Crews removed tree logs along the Junipero Street medians.  Continued to provide information related to tree-related claims resulting from the winter storms.  Forestry crews participated in the Tree Topia conference in Vallejo. . Permit Information
Attachment 4
Public Works Department Report – August 2023

Historic permitted removals and required planting
Year
Permitted
removals
Removal
of upper
Removal
of lower
Replanting
Required
Replanting
of upper
Replanting
of lower
Replanting
%
Applications
processed
2021 204 81 123 135 81 54 66.18% 213
2022 149 82 67 85 48 37 57.05% 155
2023* 243 168 81 181 129 52 74.49% 234
*Year To Date
28 23
70 38 36
26 25
30 6
22 70
47 25 25
10 29
0 10
20 30
40 50
60 70
80 Jan Feb Mar Apr May Jun Jul Aug
2023 Permits Intake vs. Issued
Permit intake Tree permits Issued
Attachment 4
Public Works Department Report – August 2023

71 96 67
139 165 149 176 165 132 159
88 135 174
207
256
556 425
163
107
187
115 101
96 675
204
74 75
38 40
105
113
66 72
59 62
55 45
36 0
100
200
300
400
500
600
700
800
900
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023* City Performed Tree Work Year by Year Comparison
Removal Pruning Planting
City Forestry, Parks, and Beach Activities
Attachment 4
Public Works Department Report – August 2023

*Numbers represent only correspondences received via the City’s website and do not incude live calls, voicemails, drop-in visitors, emails sent directly to employees from residents, nor return calls and emails from staff.

Attachment 4

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
October 2, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jane Hogan, Accountant
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: August 2023 Check Register Summary
RECOMMENDATION:

Approve the check register for August 2023.

BACKGROUND/SUMMARY:

The check register is produced from the City's financial system. The report groups the checks by the respective department or function. The check register includes the check number, the name of the vendor, a description of the purchase, the check issue date and the amount of the check.

Per the California Supreme Court's decision in the case of Los Angeles County Board of Supervisors v.

Superior Court (Dec. 29, 2016) (2016 WL 7473802), the check register excludes the specific invoice payments for legal services incurred for pending and active investigations, pending and active litigation, as well as recently concluded matters. The Supreme Court has ruled that these specific invoices are protected under attorney-client privilege and need not be disclosed under the Public Records Act.

On the last page of the report, staff have included the contract balance for the respective vendors that were paid in August 2023.

FISCAL IMPACT:

The check register summary for August 2023, totals $999,917.52.

PRIOR CITY COUNCIL ACTION:

Council ratified the July 2023 check register at the September 12, 2023, regular meeting.

ATTACHMENTS:

Attachment 1) August 2023 Check Register
August 2023 Check Register
Check No. Vendor/Employee Transaction Description Date Amount Department: 000 ___
51893 Visit Carmel CHID Remtittance May-Jun 2023 08/18/2023 309,976.53 Total for Department: 000 ___ 309,976.53
Department: 110 City Council
51818 Community Human Services CHS JPA Allocation FY 23-24 08/10/2023 17,625.00 51837 Monterey Bay Air Resources District Per Capita Assessment FY 23-24/Monterey County 08/10/2023 1,577.16 51847 Peninsula Messenger LLC Mail service sorting and delivery 08/10/2023 5,229.00 51892 US Bank CC Leac of Ca Cities conf expense 08/18/2023 650.00 51915 Carmel Cares-Dale Byrne, President Discretionary grant 2023-24 08/25/2023 3,000.00 51918 Carmel Residents Association Discretionary grant 2023-24 08/25/2023 3,000.00 51928 Food Bank For Monterey County Discretionary grant 2023-24 08/25/2023 3,000.00 51938 Monterey Peninsula Ballet Theatre Discretionary grant 2023-24 08/25/2023 3,000.00 51939 Monterey Symphony Discretionary grant 2023-24 08/25/2023 3,000.00 51943 Pacific Repertory Theatre Discretionary grant 2023-24 08/25/2023 3,000.00 51944 PadreParents-Sober Grad Discretionary grant 2023-24 08/25/2023 3,000.00 Total for Department: 110 City Council 46,081.16
Department: 111 City Administration
51806 Amazon Web Services Inc Data and cloud storage fees 08/10/2023 852.42 51809 AT&T Telephone service citywide 08/10/2023 2,188.91 51812 Carmel Pine Cone Legal noticing 08/10/2023 912.50 51817 Comcast City Hall cable service 08/10/2023 68.71
51819 Copies By-The-Sea Agenda printing services 08/10/2023 1,916.59 51820 Corbin Willits System MOM Financial system monthly fee 08/10/2023 720.79 51823 Dasher Technologies, Inc Artic Wolf Security Program-NASPO Master Agreement 08/10/2023 582.25 51825 Digital Deployment Website support agreement:Maint, training, security and updates 08/10/2023 700.00 51827 FedEx Shipping fees-Business office 08/10/2023 28.80 51830 Iron Mountain Records storage and management services 08/10/2023 1,381.17 51832 J 4 Systems System modernization and resiliency services directed by IT 08/10/2023 700.00 51842 Office Depot, Inc. Office supplies Admin 08/10/2023 147.73 51854 SystemsUp LLC Remote desktop services as directed by IT Manager 08/10/2023 19.50 51858 T-Mobile Monthly cell service sales and usage 08/10/2023 1,581.07 51864 Verizon Wireless Cell phone sales and usage 08/10/2023 2,185.79 51868 Alhambra Water service-City Hall 08/18/2023 154.71 51871 AT&T Telephone service citywide 08/18/2023 1,046.42 51878 J 4 Systems System moderization and resiliency services directed by IT 08/18/2023 920.00 51879 KnowBe4 USA Security Awareness Training/PhishER Subscriptions 08/18/2023 3,599.64 51887 Pitney Bowes Bank Inc Purchase Power Postage-meter refills 08/18/2023 3,490.00 51892 US Bank Telephone Expense - IT 08/18/2023 1,275.44 51892 US Bank IT Subscription 08/18/2023 81.00
51892 US Bank Admin League Cal City Conf Meeting Expense 08/18/2023 713.11 51892 US Bank IT Subscriptions: Microsoft, Adobe, GoDaddy, Freshworks, Zoom, Backblaze 08/18/2023 3,550.24 51892 US Bank Metrofax Subscription: HR 08/18/2023 11.95 51892 US Bank Admin office supplies 08/18/2023 93.93
51892 US Bank IT Telephone Expense - Junction Networks 08/18/2023 410.46 51892 US Bank IT Equipment Expense 08/18/2023 145.26
51892 US Bank Finance charges 08/18/2023 87.29
51896 Xerox Financial Services Xerox copier leases citywide 08/18/2023 1,945.51 51917 Carmel Pine Cone Legal noticing 08/25/2023 1,390.50 51921 Comcast City Hall cable service 08/25/2023 73.46
51922 Corbin Willits System MOM Financial system monthly fee 08/25/2023 720.79 51932 J 4 Systems System moderization and resiliency services directed by IT 08/25/2023 1,312.50 51949 Springbrook Software Professional services relating to accounting software usage 08/25/2023 47.25 51950 SystemsUp LLC Remote desktop services as directed by IT Manager 08/25/2023 78.00 Total for Department: 111 City Administration 35,133.69 Department: 116 Police
51804 A1 Security Cameras I Year Verkada License (2) and Dome cameras (2) 08/10/2023 3,297.30 51805 Allied Universal Beach patrol services 08/10/2023 702.00 51810 Axon Enterprise, Inc PD: Bundled services Tech Assurance-Body Cameras 08/10/2023 20,110.77 51816 Clears, Inc. Application and dues for D Almario 08/10/2023 75.00 51817 Comcast PD Cable serices 08/10/2023 342.83
51821 County of Santa Clara-Sheriff Office Annual billing COPLINK South Bay Info Sharing System 08/10/2023 467.42 51824 De Lage Landen Financial PD Copier usage 08/10/2023 169.79 51833 Jacked Up Fitness Fitness equipment PD Power Rack Home Gym Terms: NET 30 08/10/2023 3,627.37 51853 Summit Uniforms PD Uniform purchases 08/10/2023 215.47 51855 T2 Systems Canada Inc. PD:Digital iris services 08/10/2023 578.47 51857 Titan Distributors Exercise and workout equipment-PD 08/10/2023 548.33 51863 US Bank Travel and training expense-J Clifford 08/10/2023 699.00 51866 Attention to Decal Decal expense PD 08/11/2023 1,683.75 Attachment 1
51867 Quinton McKee Recreat logo for PD Vehicles 08/11/2023 500.00 51869 Allied Universal Beach patrol services 08/18/2023 351.00 51870 Amazon Capitol Services PD Supplies and Equipment 08/18/2023 199.91 51873 Carmel Towing & Garage PD Towing expense 08/18/2023 4,699.27 51875 Department of Justice/Accounting Office PD:Fingerprinting services 08/18/2023 98.00 51881 Michael Bruno Pizza purchase for PW and PD staff 8/17/2023 Car Week 08/18/2023 217.41 51884 Office Depot, Inc. Office supplies PD 08/18/2023 110.82 51889 Rogue Fitness Quote 144390 Fitness equipment- TERMS NET 30 08/18/2023 2,431.91 51890 Seaside Chrysler, Dodge, Jeep PD Vehicle repairs 08/18/2023 141.32 51892 US Bank IAMP Traning program enrollment 08/18/2023 395.00 51892 US Bank PD training equipment 08/18/2023 789.41
51892 US Bank PD office supplies 08/18/2023 213.04
51892 US Bank PD safety equipment 08/18/2023 134.71
51892 US Bank PD training expense 08/18/2023 305.00
51892 US Bank PD VIPS/CERT Expense 08/18/2023 880.14
51892 US Bank Correct check 51544 overstated credit for training refund 08/18/2023 199.60 51910 Amazon Capitol Services PD Inv 111-5241997-9657864 08/25/2023 30.55 51921 Comcast PD Cable serices 08/25/2023 20.82
51925 Department of Justice/Accounting Office PD:Fingerprinting services 08/25/2023 79.00 51936 MOGO Urgent Care PD Substance testing services 08/25/2023 568.00 51941 Office Depot, Inc. Office supplies PD 08/25/2023 209.48 Total for Department: 116 Police 45,091.89
Department: 117 Fire
51815 City Of Monterey Fire Dept Monthly Interim Fire Admin 08/10/2023 245,891.60 51815 City Of Monterey Fire Dept Vehicle Repairs 08/10/2023 293.15 51836 Mission Linen Service Fire Dept laundry service 08/10/2023 261.96 51868 Alhambra Water service-Fire Dept 08/18/2023 200.53 51873 Carmel Towing & Garage Fire Dept. Gas Expense (E15) 08/18/2023 755.92 51882 Mission Linen Service Fire Dept laundry service 08/18/2023 285.00 51892 US Bank FIre Dept safety equipment 08/18/2023 483.87 51935 Mission Linen Service Fire Dept laundry service 08/25/2023 123.62 Total for Department: 117 Fire 248,295.65
Department: 118 Ambulance
51808 American Supply Company Janitorial Supplies-Amb Dept 08/10/2023 59.54 51811 Bound Tree Medical LLC Medical supplies 08/10/2023 660.33 51815 City Of Monterey FY 23-24 Ambulance Administration fee 08/10/2023 1,983.56 51831 Isaac Eckel Reimburse for ACLS Renewal 08/10/2023 180.00 51848 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 08/10/2023 212.01 51873 Carmel Towing & Garage Amb Dept. Gas Expense (7166) 08/18/2023 886.82 51874 De Lage Landen Financial Ambulance copier usage 08/18/2023 71.01 51886 Peninsula Welding & Medical Supply, inc. Ambulance Dept-Oxygen/hazardous materials transport service 08/18/2023 54.72 51894 Wittman Enterprises, LLC Ambulance billing service 08/18/2023 2,713.56 Total for Department: 118 Ambulance 6,821.55
Department: 119 Public Works
51807 American Lock & Key Locksmith and key service for CF- 08/10/2023 2,356.25 51813 Chargepoint, Inc. Service for charging stations at City locations 3/30/23 #183469 08/10/2023 2,926.00 51814 Cintas Corporation Uniform Service for PW staff 08/10/2023 719.61 51815 City Of Monterey Vehicle services. 08/10/2023 5,081.81 51822 CSC of Salinas Backhow repair hydrolic leak 7/24/23 #000952233 08/10/2023 569.74 51824 De Lage Landen Financial Lease for copiers for PW 08/10/2023 211.67 51826 Edges Electrical Group Electrical supplies, LED lights for City facilities 08/10/2023 173.51 51828 Golden State Portables Forest Theater events maintenance/cleaning 08/10/2023 3,468.04 51829 HF&H Consultants, LLC Virtual Council Presentation-7/21/23 #9720438 08/10/2023 580.00 51835 David Sollid Marina Backflow Company PW/FM backflow inspections 08/10/2023 390.00 51838 Monterey County Health Department AST fee - #1181934/Base Fee - #1182771/ Safety solvents - #11873 08/10/2023 1,373.00 51841 Napa Auto Parts PW vehicle supplies 08/10/2023 259.65 51843 Ono Consulting Arborist Consulting July 08/10/2023 3,375.00 51849 Poe's Plumbing & Backflow Plumbinf repair for City Facilities 08/10/2023 130.35 51850 Pureserve Building Service Janitorial services FY 23/24 08/10/2023 43,551.18 51851 Rental Depot - Monterey Mower for Martin Meadow. 7/3/23 #346331-1 08/10/2023 564.22 51852 Scarborough Lumber & Building New chains forestry division. 7/24/23 #448066-4 08/10/2023 262.94 51856 The Academy Aerial resue training 6/19/23 #1364 08/10/2023 2,494.00 51859 Tope's Tree Service Inc. Tree services citywide as directed by City Forester 08/10/2023 2,920.00 51860 Uline Inc. Safety supplies for PW/Forestry 08/10/2023 976.52 51861 Underground Service Alert Nor Cal USA tickets-7/24/23 #23USB112607 08/10/2023 2,753.14 51862 Universal Staffing Inc Temporary staffing services 08/10/2023 2,656.25 51865 William A Thayer Construction Inc Scenic Janitors room door and RR doors 08/10/2023 5,499.45 51876 Edges Electrical Group Electrical supplies, LED lights for City facilities 08/18/2023 62.59 51877 Green Rubber Kennedy AG Sewer Camera 7/5/23 #S752972 08/18/2023 1,438.24 51891 Tope's Tree Service Inc. Tree services citywide as directed by City Forester 08/18/2023 3,200.00 51895 Wm Baxter Electric SSC surge protector #1253 6/16/23 08/18/2023 4,058.98 51907 Ailing House Pest Control Pest Control 08/25/2023 354.00 51908 Alhambra Water for Public Works Dept. 08/25/2023 824.97 Attachment 1
51909 Always Under Pressure Oil water seperator 08/25/2023 261.25 51911 American Lock & Key Locksmith and key service for CF- 08/25/2023 670.08 51912 Ausonio, Inc On Call service for PW Facilities 08/25/2023 1,050.00 51914 California Fire Protection, Inc. Annual fire inspection, extinguishers 08/25/2023 2,375.00 51915 Carmel Cares-Dale Byrne, President Landscaping Services for Scenic Pathway- 08/25/2023 2,970.00 51919 Carmel Towing & Garage Fuel for PW vehicles 08/25/2023 2,491.73 51920 Cintas Corporation Uniform Service for PW staff 08/25/2023 729.55 51926 Dominic Marquez Work boot reinbursement FY 23-24 per MOU 08/25/2023 250.00 51927 Edges Electrical Group Electrical supplies, LED lights for City facilities 08/25/2023 710.13 51929 Golden State Portables Forest Theater events maintenance/cleaning 08/25/2023 4,880.23 51930 Hayward Lumber Public Works Streets supplies 08/25/2023 14.81 51933 M & S Building Supply FM supplies 08/25/2023 171.11 51934 David Sollid Marina Backflow Company PW/FM backflow inspections 08/25/2023 750.00 51940 Napa Auto Parts PW vehicle supplies 08/25/2023 209.56 51942 Otis Elevatior Company Library dumbwaiters service 08/25/2023 1,638.84 51946 Rental Depot - Monterey Skid Steer Rental 08/25/2023 1,024.28 51947 Scarborough Lumber & Building Public Works Streets supplies 08/25/2023 110.04 51948 Sherwin-Williams Co. PW Paint and paint supplies 08/25/2023 155.97 51952 Universal Staffing Inc Temporary staffing services 08/25/2023 5,440.01 Total for Department: 119 Public Works 119,133.70
Department: 120 Library
51845 Pacific Grove Self Storage Storage Unit - Document storage 08/10/2023 353.00 Total for Department: 120 Library 353.00
Department: 121 Community Activities
51937 Monterey County Pops! Share cost of advertising for Monterey Pops! 4th of July concert 08/25/2023 312.00 Total for Department: 121 Community Activities 312.00
Department: 122 Economic Revitalization
51883 Monterey County Convention & Visitors Bureau TID Remittance May-Jun 2023 08/18/2023 46,426.00 51883 Monterey County Convention & Visitors Bureau TID Remittance May-Jun 2023 08/18/2023 -464.26 51916 Carmel Chamber of Commerce Discretionary grant- Leadership Carmel 23-24 08/25/2023 3,000.00 Total for Department: 122 Economic Revitalization 48,961.74 Department: 130 Non-Departmental
51844 Pacific Gas & Electric Citywide gas & electric services 08/10/2023 451.06 51885 Pacific Gas & Electric Citywide gas & electric services 08/18/2023 16,506.31 51888 Prism Public Risk Innovation Gen Liability Program Q4 Apr-Jun 2023 Misc deductible years 08/18/2023 23,123.91 51913 Cal-Am Water Company Water service citywide 08/25/2023 19,019.07 51924 De Lage Landen Financial Monterey County Prop Tax 08/25/2023 153.68 51945 Prism Public Risk Innovation Jul-Sept 23 Employee Assistance Program 08/25/2023 676.20 Total for Department: 130 Non-Departmental 59,930.23
Department: 311 Capital Projects
51834 Jayson Architecture CIP:Library Master Plan Study 08/10/2023 330.00 51839 Monterey County Weekly Classifieds CIP-Facility Reno Project 7/20/23 #41-072215-00000 08/10/2023 924.00 51846 Palace Bus Solutions/Trowbridge Ent 3 Office chairs 08/10/2023 1,734.73 51880 Layer 1 Networks Inc CIP:Camera installation PD 08/18/2023 2,222.35 51892 US Bank LibraryCIP expense 08/18/2023 723.75
51906 4Leaf, Inc PD Building PM 08/25/2023 5,021.26
51912 Ausonio, Inc City Hall Retaining Wall- 08/25/2023 17,620.00 51915 Carmel Cares-Dale Byrne, President Scenic pathway - -Landscape Services 08/25/2023 4,852.44 51923 Davey Resource Group, Inc. Forest Mng plan 8/8/23 #164926 08/25/2023 15,065.00 51931 Indigo/Hammon & Playle Architects, LLP Architect & Engineering Services for PD/PW Building Project 08/25/2023 23,237.00 Total for Department: 311 Capital Projects 71,730.53
Department: 513 Veh & Equip Replacement
51840 Motorola Solutions Credit Co. LLC Police Radios lease 122PS-PDRADIO 08/10/2023 8,095.85 Total for Department: 513 Veh & Equip Replacement 8,095.85 Grand Total 999,917.52
Contract Amt Paid thru Aug Contract Balance
$ 41,100.00 107,730.00 $ 66,630.00 $
$ 245,891.60 2,950,699.00 $ 2,704,807.40 $
$ 43,551.18 272,000.00 $ 228,448.82 $
$ 72,884.16 179,800.00 $ 106,915.84 $
Vendor
Pen Messenger
City of Monterey *
Pureserve *
4Leaf Inc.

Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
October 2, 2023

CONSENT AGENDA
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Community Planning & Building Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Consider Ordinance No. 2023-006 (second reading), which would amend the Carmel Municipal Code (CMC) Title 17 (Zoning) by repealing and replacing chapter 17.46 (Telecommunications and Wireless Facilities) and making conforming amendments to Zoning Code sections 17.08.040, 17.12.020, 17.14.030, 17.14.220, 17.18.030,

17.40.070, 17.52.150, 17.54.010, 17.54.040, 17.54.080, 17.58.030, 17.58.040,

17.68.070, 17.70.010 and 17.70.020 and to municipal code sections 12.08.050,

12.08.060, 13.28.070; and finding the same exempt from the California Environmental Quality Act and in full conformance with the City’s Local Coastal Program and the California Coastal Act
RECOMMENDATION:

It is recommended that the City Council:

1. Adopt Ordinance No. 2023-006, which constitutes reading of the title and waiver of reading of the ordinance which would amend the Carmel Municipal Code (CMC) Title 17 (Zoning) by repealing and replacing chapter 17.46 (Telecommunications and Wireless Facilities) and making conforming amendments to Zoning Code sections 17.08.040, 17.12.020, 17.14.030, 17.14.220, 17.18.030,

17.40.070, 17.52.150, 17.54.010, 17.54.040, 17.54.080, 17.58.030, 17.58.040, 17.68.070,

17.70.010 and 17.70.020 and to municipal code sections 12.08.050, 12.08.060, 13.28.070; and finding the same exempt from the California Environmental Quality Act and in full conformance with the City’s Local Coastal Program and the California Coastal Act; and

2. Direct staff to submit a Local Coastal Program Amendment Application to the California Coastal Commission for certification of Ordinance No. 2023-006 as adopted, and to be carried out in a manner in full conformity to the California Coastal Act.

BACKGROUND/SUMMARY:

EXECUTIVE SUMMARY
The City of Carmel-by-the-Sea is in the process of updating regulations pertaining to wireless (e.g.: cell phone) telecommunication facilities. In March, 2023, the Planning Commission held a public workshop on a first-draft ordinance package. Several comments were received from the public and Commission as part of that workshop. Since that time, staff worked with outside legal counsel to prepare a second-draft ordinance package in response to feedback received as part of the workshop. This second-draft was presented to the Planning Commission in August, 2023 to receive comments and provide a formal recommendation for adoption of a final-draft to City Council. On September 12, 2023, the City Council held a first reading, and provided minor edits to be incorporated for the second reading and adoption of the ordinance. City Council is now being asked to consider adoption this wireless ordinance.

DISCUSSION
Background
At the Direction of City Council, the Community Planning and Building Department, with support from the City Attorney and special outside Counsel, has been drafting updates to the City’s telecommunications and wireless facility regulations. From the outset, the policy direction from City Council was to draft the strongest wireless ordinance possible to protect the special and unique characteristics of Carmel-by-the-Sea while remaining consistent with relevant State and Federal Telecommunication Laws. Since that time, multiple drafts of the ordinance package have been prepared for community and Planning Commission feedback, ultimately leading to a final draft that is now being considered by Council.

First Reading
At their September 12th meeting, City Council considered a final draft of the wireless ordinance, which incorporated comments and direction from nearly two years of public process. Council voted to introduce the ordinance via a first reading, approved minor corrections/revisions, and directed staff to return for adoption of the new wireless regulations at the following City Council meeting. A redline version (Attachment 1) has been included to show these minor revisions approved by Council as part of the first reading. A clean version of the ordinance (Attachment 2) has also been included.

As part of their September decision, City Council also put their stamp of approval on the Administrative Wireless Facility Design Guidelines that were adopted by the Planning Commission. These guidelines, along with the other companion administrative documents (Application Checklist, Design Guidelines, etc.) became effective upon Planning Commission approval their August 23rd Special Meeting.

Adoption and Next Steps
Ordinance No. 2023-006 requires a first and second reading of the ordinance for adoption. The first reading has been conducted, and Council is now being asked to conduct a second reading and formal adoption of the ordinance. Following Council adoption, the ordinance must still be considered and certified by the California Coastal Commission (CCC) as part of a Local Coastal Program (LCP) amendment prior to becoming effective.

The ordinance would become effective immediately upon certification by the CCC. It is estimated that it will take anywhere from three to six months to get on the Coastal Commission agenda.

FISCAL IMPACT:

Staff time associated with development and processing of the wireless ordinance amendments is covered in the City’s adopted FY 2023-24 budget. Time spent by the City’s outside legal counsel is covered as part of specialized legal services, under the Contract Support line item for City Attorney services in the FY 2023-24 adopted City Budget.

PRIOR CITY COUNCIL ACTION:

The City Council approved first reading of the Ordinance on September 12, 2023.

ATTACHMENTS:

Attachment 1) Ordinance 2023-006 Chapter 17.46 (REDLINE) Attachment 2) Ordinance 2023-006 Chapter 17.46 (CLEAN)
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CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE NO. 2023-XXX006

AN ORDINANCE OF THE CITY COUNCIL OF CARMEL-BY-THE-SEA AMENDING THE CARMEL MUNICIPAL CODE (CMC) TITLE 17 (ZONING) BY REPEALING AND REPLACING CHAPTER 17.46 (TELECOMMUNICATIONS AND WIRELESS

FACILITIES) AND MAKING CONFORMING AMENDMENTS TO ZONING CODE SECTIONS 17.08.040, 17.12.020, 17.14.030, 17.14.220, 17.18.030, 17.40.070,

17.52.150, 17.54.010, 17.54.040, 17.54.080, 17.58.030, 17.58.040, 17.68.070,

17.70.010 AND 17.70.020 AND TO MUNICIPAL CODE SECTIONS 12.08.050,

12.08.060, 13.28.070; AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Carmel-by-the-Sea currently regulates the placement of wireless facilities throughout the City under Title 17, Chapter 17.46 of the Municipal Code; and
WHEREAS, Chapter 17.46 was last amended in 2004; and
WHEREAS, there have been significant changes in state and federal law affecting local authority over wireless siting since Chapter 17.46 was last amended, including the passage of new federal laws and state laws, the adoption of new Federal Communications Commission regulations and orders, the amendment of California Public Utility Commission orders related to utility infrastructure, and various judicial decisions interpreting those laws and regulations; and
WHEREAS, notwithstanding the various changes in state and federal law, local governments continue to retain authority to regulate the placement, construction, and modification of personal wireless service facilities, subject to those matters where local authority has been limited or removed by state or federal law; and WHEREAS, Carmel-by-the-Sea has made longstanding and sustained efforts to preserve its distinct “village in a forest, by the sea” character, the natural beauty of its shoreline environment, and its charm as a popular visitor destination, by not allowing incompatible development that degrades the visual and economic value of adjoining properties, especially in residential areas; and
WHEREAS, Carmel-by-the-Sea’s topography, forested nature, location partially within and partially adjacent to California’s High Fire-Threat District (HFTD), and narrow streets, with few gutters or sidewalks or streetlights, gives rise to many unique concerns Attachment 1
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and situations relating to fire safety, traffic circulation, parking and pedestrian safety; and
WHEREAS, if not adequately regulated, the installation of personal wireless services facilities within the City can pose a threat to the public health, safety, and welfare; traffic and pedestrian safety hazards; negative impacts to trees; creation of visual and aesthetic blights and potential safety concerns arising from improper design or excessive size, heights, noise, or lack of camouflaging; and WHEREAS, the City therefore intends to exercise its powers to regulate personal wireless service facilities to the maximum extent allowed by law, to protect its residents and visitors, promote public health, safety and community welfare, preserve the natural resources and unique scenic quality of Carmel-by-the-Sea, and protect the character of the City’s residential neighborhoods, while nonetheless respecting and adhering to the law as it is today and may change in the future; and
WHEREAS, the City Council and Planning Commission held a joint special meeting on wireless regulation on February 28, 2022 to receive an update on changes to the law, to receive public feedback and to provide general direction to staff on an update to the City’s wireless regulations; and
WHEREAS, the Planning Commission conducted a duly noticed public workshop on a draft of the wireless regulations (ordinance, design guidelines, standard conditions of approval, and application forms) on March 29, 2023 to receive public feedback; and WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed ordinance, design guidelines, standard conditions of approval, and application forms on August 23, 2023 at which it took public testimony, held a discussion, and voted to adopt the design guidelines, standard conditions of approval, and application forms, and to recommend that City Council adopt of the proposed code amendments (Resolution No.2023-044__);
WHEREAS, on September 12, 2023 the City Council held a duly noticed public hearing on the proposed code amendments;
WHEREAS, the City determined this ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines; and
WHEREAS, the proposed amendments are in full conformity with the City’s Local Coastal Plan and the California Coastal Act (Public Resources Code Section 30510 et seq.)
SECTION 1. CEQA Review. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an Attachment 1
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application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the City Council’s adoption of the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the applicant would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at that time.

The City Council therefore directs that a Notice of Exemption be filed with the County Clerk of the County of Monterey within five working days of the passage and adoption of the Ordinance.

SECTION 2. Repeal and Replacement of Chapter 17.46. Chapter 17.46 of Title 17 of the Carmel-by-the-Sea Municipal Code is hereby repealed in its entirety and replaced with the following:

Chapter 17.46

TELECOMMUNICATIONS AND WIRELESS FACILITIES
Sections:

17.46.010 Purpose and Findings.

17.46.020 Definitions.

17.46.030 Applicability.

17.46.040 General Development Standards.

17.46.050 Wireless Application Types and Submittal Requirements.

17.46.060 Application Review Procedures.

17.46.070 Public Notices, Public Hearings and Appeals.

17.46.080 Findings Required.

17.46.090 Standard Conditions of Approval.

17.46.100 Violations

17.46.010 Purpose and Findings.

A. Purpose. The purpose of this chapter is to establish comprehensive requirements and development standards for the siting, design, construction, maintenance and modification of wireless facilities in Carmel-by-the-Sea, including on public and private property and in public rights-of way, in order to manage their deployment and minimize adverse aesthetic impacts to Carmel-by-the-Sea’s unique village character, consistent with and to the full extent of the City’s authority under federal and California law.

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B. Findings. The City Council hereby finds that:

1. Limitations on the placement of wireless facilities within the City limits are necessary to:
a. Protect Carmel-by-the-Sea’s distinct “village in a forest, by the sea” character with its centralized commercial core surrounded by residential land uses. b. Protect Carmel-by-the Sea’s charm as a popular visitor destination, known as much for its spectacular coast as for its unique community character. c. Recognize and respect that Carmel-by-the-Sea is among a limited number of California coastal communities where nearly the entire shoreline from the first public road to the sea is open to the public and easily accessible, and that over the years, Carmel has maintained a balance between preserving the beauty of the shoreline environment and adding the physical improvements that make the Carmel shoreline accessible and enjoyable to the public, keeping the entire beach and bluff as natural appearing as possible consistent with public access, habitat protection, safety and provision of limited recreational support facilities. d. Recognize and respect that Carmel-by-the-Sea’s streets are narrow in width, 26 to 34 feet, with few gutters or sidewalks and that this lack of formal development of streets throughout Carmel (with the exception of some of the downtown thoroughfares) has been a conscious effort on the part of residents to maintain a “village in a forest” atmosphere, and gives rise to many unique situations relating to traffic, circulation, parking and pedestrian safety.

2. Personal wireless services can serve as an important and effective part of Carmelby-the-Sea’s emergency response and communications.

3. The regulations contained herein are designed to promote public health, safety and community welfare, preserve the natural resources and scenic quality of Carmel-bythe-Sea and protect the character of the City’s residential neighborhoods, recognizing that the preservation of the residential character in Carmel is central to all land uses, consistent with the findings in (1) and (2), while regulating managed development of wireless infrastructure throughout the City.

4. The provisions of this chapter are intended to:
a. Comply with all applicable goals, objectives and policies of the General Plan, the City’s Local Coastal Program and the California Coastal Act. b. Minimize adverse aesthetic impacts associated with wireless facilities in all districts.
c. Preserve Carmel’s primarily residential character by keeping business and commerce subordinate to its residential character.

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d. Comply with all federal law, Federal Communications Commission rules, regulations and standards, California law, and California Public Utilities Commission regulations and standards.
e. Ensure the safe installation and maintenance of wireless facilities to protect against fire hazards made more prevalent by Carmel’s unique urbanized forest, topography and accessibility.

17.46.020 Definitions.

The definitions in this Section apply to this chapter. Undefined terms shall have the meaning assigned to them in Chapter 17.70. Per Section 17.02.090(C), to the extent that this chapter quotes or paraphrases any State or Federal Statute for convenience and any conflict is discovered, or is created through amendment, the State or Federal Statute shall control and shall be cause for an amendment to this chapter.

A. Generally Applicable Definitions

1. “accessory equipment” means equipment other than antennas used in connection with a wireless facility. The term includes transmission equipment.

2. “amateur station” means the same as defined by the FCC in 47 C.F.R. §

97.3, which means a station in an amateur radio service consisting of the apparatus necessary for carrying on radio communications. This term includes amateur radio antennas and related facilities used for amateur radio services.

3. “antenna” means the same as defined by the FCC in 47 C.F.R. §

1.6002(b), which means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the provision of personal wireless service and any commingled information services.

4. “base station” means the same as defined by the FCC in 47 C.F.R. §

1.6100(b)(1), which means:

A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower or any equipment associated with a tower.
(i) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

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(ii) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).
(iii) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in 47 C.F.R. § 1.6100(b)(1)(i) through (ii) of 47 C.F.R. §

1.6100 that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
(iv) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in 47 C.F.R. § 1.6100(b)(1)(i)–(ii) of 47 C.F.R. § 1.6100.

5. “collocation” means the same as defined by the FCC in 47 C.F.R. §

1.6002(g), which means (1) Mounting or installing an antenna facility on a preexisting structure; and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. For eligible facilities requests, the definition of collocation in B.1 below applies instead of this definition.

6. “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.

7. “Director” means the City of Carmel-by-the-Sea Community Planning and Building Director or the Director’s designee.

8. “EFR” or “eligible facilities request” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(3) which means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.

9. “FCC” or “Commission” means the Federal Communications Commission, as constituted by the Communications Act of 1934, Pub. L: 73-416, 48 Stat. 1064, codified as 47 U.S.C. §§ 151 et seq. or its duly appointed successor agency.

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10. “Fire Safety Authority” means the Chief Building Official of the City of Carmel-by-the-Sea or the Fire Safety Authority’s designee.

11. “historic resource” means any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion in, the National Register of Historic Places, the California Register of Historical Resources, the “Carmel Inventory of Historic Resources” or the “Carmel Inventory” as defined in code Section 17.32.230, the “Carmel Register of Historic Resources” or the “Carmel Register” as defined in code Section 17.32.230, or any “historic resource” or “historical resource” as defined in code Section 17.32.230. The term includes artifacts, records and remains related to or located within such properties. The term also includes properties with traditional religious and/or cultural importance to any Native American tribe.

12. “OTARD” means any “over-the-air reception device” subject to the FCC rules in 47 C.F.R. §§ 1.4000 et seq., which generally includes satellite television dishes and antennas, and certain fixed wireless antennas not greater than one meter in diameter.

13. “personal wireless service facility” means the same as defined by the FCC in 47 C.F.R. § 1.6002(i) which means an antenna facility or a structure that is used for the provision of personal wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.

14. “personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i) which means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

15. “public right-of-way” or “public rights-of-way” means land or an interest in land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to or open to the use by the general public for road or highway purposes. The term does not include private or public utility easements unless such easement is reserved for or dedicated to or open to the use by the general public for road or highway purposes.

16. “reviewing authority” means the City official or appointed/elected body responsible for application review and vested with authority to approve, approve with modifications and/or conditions, or deny such applications.

17. “RF” means radiofrequency.

18. “small wireless facility” means the same as defined by the FCC in 47 C.F.R. § 1.6002(l), which means a personal wireless service facility that meets each of the following conditions:

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(a) The facilities (i) are mounted on structures 50 feet or less in height including their antennas; or (ii) are mounted on structures no more than 10 percent taller than other adjacent structures; or (iii) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
(b) Each antenna associated with the deployment is no more than three (3) cubic feet in volume, excluding associated antenna equipment; (c) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment, cumulatively total no more than twentyeight (28) cubic feet in volume; (d) The facility does not require antenna structure registration under 47 CFR Part 17 (Construction, Marking and Lighting of Antenna Structures); (e) The facility is not located on tribal land; and
(f) The facility will not result in human exposure to radiofrequency radiation in excess of the applicable FCC safety standards set forth within Table 1 of 47 CFR §1.1310(E)(1).

19. “FCC shot clock” means the time defined by the FCC in 47 C.F.R. §

1.6003 or 1.6100(c) (as applicable) in which a state or local government must act on an application or request for authorization to place, construct or modify personal wireless services facilities.

20. “stealth” means concealment elements, measures and techniques that mimic or blend with the underlying structure, surrounding environment and adjacent uses to screen all transmission equipment from public view and integrate the wireless facility into the built or natural environment such that, given the particular context, the reasonable person would not recognize the structure as a wireless facility. Stealth concealment techniques include, without limitation:
(1) transmission equipment placed completely within existing or replacement architectural features such that the installation causes no visible change in the underlying structure; (2) new architectural features that mimic or blend with the underlying or surrounding structures in style, proportion and construction quality such that they appear part of the original structure’s design; and (3) concealment elements, measures and techniques that mimic or blend with the underlying structure, surrounding environment or adjacent uses

21. “structure” means the same as defined by the FCC in 47 C.F.R. §

1.6002(m) which means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services). A tree including live, dead, partially cut down or limbed tree is not a structure and may not be used for placement of wireless facilities.

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22. “tower” means the same as defined by the FCC in 47 C.F.R. §

1.6100(b)(9) which means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

23. “transmission equipment” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(8) which means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

24. “Type I application” means an application type that shall be limited to applications wherein an applicant seeks to place a new small wireless facility upon an existing structure and either (i) the structure is not an existing tower or base station (as defined for EFR purposes) or (ii) the structure is an existing tower or base station (as defined for EFR purposes) but the proposed facility does not qualify as an EFR. If the completed facility would still meet the physical limits and requirements to meet the definition of a small wireless facility after the installation of the new equipment, then the application to install such new equipment is a Type I application.

25. “Type II application” means an application type that shall be limited to applications wherein an applicant is seeking to place a new personal wireless service facility upon an existing structure which does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and either (i) the structure is not an existing tower or base station (as defined for EFR purposes) or (ii) the structure is an existing tower or base station (as defined for EFR purposes) but the proposed facility does not qualify as an EFR.

26. “Type III application” means an application type that shall be limited to applications seeking to install and/or construct a new small wireless facility that involves placement of a new or replacement structure.

27. “Type IV application” means an application type that shall include any applications for the installation of a new personal wireless service facility which does not meet the criteria for Type I, Type II, Type III or Type V.

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28. “Type V application” means an eligible facilities request or EFR as defined by the FCC in 47 C.F.R. § 1.6100(b)(3), which is any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.

29. “utility pole” means a wood or steel vertical structure in the public right-ofway designed to support electric, telephone and similar utility lines. A tower is not a utility pole.

30. “visibility triangle” means that portion of both the public and private property at any corner bounded by the curb line or edge of roadway of the intersecting streets and a line joining points on the curb or edge of roadway a distance in feet equivalent to the width of the roadway from the point of intersection of the extended curb lines or edges of roadway.

31. “wireless facility” means the transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), structure(s), and base station(s).

B. Additional Definitions Applicable to Eligible Facilities Requests (EFRs) Only

1. “collocation” means the same as defined by the FCC in 47 C.F.R. §

1.6100(b)(2), which means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

2. “eligible support structure” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4) which means any tower or base station, provided that it is existing at the time the relevant eligible facilities request application is filed with the State or local government.

3. “existing” means the same as defined by the FCC in 47 C.F.R. §

1.6100(b)(4) which means a constructed tower or base station is “existing” for purposes of an EFR, if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

4. “site” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(6), which means that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and Attachment 1
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any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a State or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process.

5. “substantial change” or “substantially change” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(7), which establishes different criteria based on the particular facility type and location. For clarity, the definition in this chapter reorganizes the FCC’s criteria and thresholds for a substantial change according to the facility type and location.
a. For towers outside the public rights-of-way, a substantial change occurs when:
i. the proposed collocation or modification increases the overall height more than 10% or the height of one additional antenna array with separation from the nearest antenna not to exceed 20 feet (whichever is greater); or
ii. the proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or
iii. the proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or
iv. the proposed collocation or modification involves excavation or deployment outside the current boundaries of the leased or owned property surrounding the wireless tower by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site.
b. For towers in the public rights-of-way and for all base stations, a substantial change occurs when:
i. the proposed collocation or modification increases the overall height more than 10% or 10 feet (whichever is greater); or Attachment 1
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ii. the proposed collocation or modification increases the width more than 6 feet from the edge of the wireless tower or base station; or iii. the proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or
iv. the proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are ten percent (10%) larger in height or volume than any existing ground-mounted equipment cabinets; or
v. the proposed collocation or modification involves excavation or deployment outside the area in proximity to the structure and other transmission equipment already deployed on the ground.
c. In addition, for all towers and base stations wherever located, a substantial change occurs when:
i. the proposed collocation or modification would defeat the existing concealment elements of the eligible support structure as determined by the reviewing authority; or
ii. the proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this definition. d. The thresholds for a substantial change outlined above are disjunctive.

The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits from the originally-permitted eligible support structure. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted eligible support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites that existed prior to February 22, 2012, the cumulative limit for vertically separated deployments is measured from the permitted site dimensions as they existed on February 22, 2012—the date that P.L. 112-96 was signed into law.

17.46.030 Applicability.

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A. General. This chapter applies to all requests for the City’s regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities on property within the City’s territorial and jurisdictional boundaries, unless expressly exempted pursuant to subsection (B).

This includes permit applications submitted to the City for decision in its regulatory capacity for wireless facilities on property or structures owned or controlled by the City and located within the City, including in public rights-ofway; provided, however, that this chapter does not govern whether or under what terms and conditions the City, in its capacity as the property or structure owner, would lease, license or otherwise allow a wireless facility on such property or structures.

B. This chapter shall not be applicable to the following:

1. wireless facilities installed completely indoors and used to extend personal wireless services into a business or the subscriber’s private residence, such as a “femtocell” or indoor distributed antenna system;

2. OTARD antennas which are regulated pursuant to Chapter 15.40 (Antennas and Satellite Dishes);

3. antennas and related transmission equipment used in connection with a duly authorized amateur station operated by a federally licensed amateur radio operator as part of the Amateur Radio Service; provided, that its maximum height does not exceed the height requirements of the zoning district;

4. wireless facilities or other transmission equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power, generation, transmission and distribution facilities subject to CPUC General Order 131-D;

5. temporary wireless facilities parked in a fixed location within the public rightsof-way for no longer than 10 days under an approved special events permit pursuant to Chapter 12.48.

17.46.040 General Development Standards.

A. Location Standards. When considering compatibility of a location and structure for Type I, Type II, Type III and Type IV wireless facilities, the City requires applicants to propose those that will be the least intrusive to community character and values. Subsection B provides a ranking that describes Zoning Districts where wireless facilities are least compatible to most compatible with other uses.

Subsection C provides the City’s preference for placements on parcels over public rights-of-way. Subsection D provides structure rankings. Subsection E provides additional special considerations for site selection on public right-ofway.

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B. Ranked Locations. Applicants must propose placement in locations with the least intrusive land use designation (i.e.: Zoning) technically feasible and potentially available. Applications proposing placement in Tier I or II must include a written justification as part of the application submittal, supported by factual and verifiable evidence, that shows no location in a Tier III land use tier is technically feasible and available. The following land use tiers are ranked from least compatible to most compatible:

Tier I (Least Compatible):

Senior Citizen Facility (A-3), Multi-Family Residential (R-4), Single-Family Residential (R-1), and Residential and Limited Commercial (RC).

Tier II:

Improved Parklands (P-2), Natural Parklands and Preserves (P-1), and Theatrical (A-1).

Tier III (Most Compatible):

Central Commercial (CC), Service Commercial (SC), and Community and Cultural (A-2).

C. Preference for Placement on Public and Private Parcels Over on Public Right-of-Way.

Placement on public and private parcels is strongly preferred over placements in the public rights-of-way because Carmel’s public rights-of-way are narrow in width (26 to 34 feet), with few gutters or sidewalks. Limiting wireless facilities in public rights-of-way is necessary: (i) to ensure that the flow of pedestrian and vehicular traffic, including ingress to, or egress from, any residence, public building, or place of business or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles is maintained; (ii) to provide reasonable access for the use and maintenance of sidewalks, pathways, hydrants, restrooms, trash receptacles, firefighting apparatus, as well as access to locations used for public transportation services; (iii) to ensure no interference to the performance of police, firefighter, and other emergency medical personal; and (iv) to maximize public access in the commercial districts and along the coast which have unusually high pedestrian and vehicular traffic volumes.

Applications proposing placement in the public right-of-way must include a written justification as part of the application submittal, supported by factual and verifiable evidence, that shows placement on a parcel is not technically feasible and available
D. Structure Selection. Applicants shall propose placement on the mostcompatible structure that is technically feasible and available. Any application to place a wireless facility on a structure other than the most compatible structure Attachment 1
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must include a written justification, based on factual and verifiable evidence, that shows no more compatible structure is technically feasible and available.

1. Structure Selection on Parcels. The following structures are ranked from least compatible to most compatible on parcels:
a. new (non-replacement) structures.
b. residential historic structures
c. existing building rooftops.
d. existing (or replacement) non-building structures without existing wireless facilities.
e. existing non-building structures with existing wireless facilities.

2. Structure Selection on Public Rights-of-Way. New (non-replacement) structures of any type (pole or non-pole) are the least compatible structures to use on public rights-of-way. Existing (or replacement) utility poles are the most compatible structures. Selection of structures/locations in the public right-of-way is also subject to the limitations in Subsection E below.

E. Additional Special Considerations for Locations in the Public Right-of-Way.

1. Highly Incompatible Locations in the Public Right-of-Way. Applicants shall not propose to install wireless facilities in/on a highly incompatible location in the public right-of-way unless the application is accompanied by a request for a special exception finding under Subsection 17.46.080(C). The following is a list of highly incompatible locations:
a. any location in the public right-of-way within the Single-Family Residential Zoning District.
b. any location in the public right-of-way that would trigger review of consistency with the Secretary of the Interior’s Standards for potential impacts to a historic resource on a residential parcel in any Tier I zone in B above;
c. any location in the public right-of-way within the area depicted in Figure 1 below.

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FIGURE 1

2. Additional Public Right-of-Way Location Selection Standards. Applicants shall not select existing structures and shall not propose new (nonreplacement) structures in the following locations unless the application includes a written justification, based on factual and verifiable evidence, that shows no structure/location is technically feasible and available outside these locations:
a. directly in front of the areas which are five feet in either direction from the centerline of each entry door or window in the front façade of any occupied residential building.
b. within a 500-foot radius from another wireless facility within the public rights-of-way.

3. Public Right-of-Way Location Safety Considerations. Applicants shall not propose adding new structures in the following locations:
a. Any location that would create a hazard to public health or safety. b. Any location that would adversely affect the normal drainage of surface water, unless an acceptable mitigation is included that will be advantageous to the general public.
c. Any location that would adversely affect vehicular and/or pedestrian traffic or the parking of vehicles including placements in any visibility triangle that obstructs or restricts the view necessary for the safe operation of motor vehicles as determined by the Traffic Safety Committee. d. Any location that would adversely affect the root structure of any existing trees, or significantly reduce greenbelt area that may be used for tree planting.

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e. Any location within 10 feet away from any driveways for police stations, fire stations, or other emergency responder facilities. f. Any location that would physically interfere with or impede access to any:
(i) above-ground or underground infrastructure for traffic control, or public transportation, including, without limitation, any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (ii) public transportation vehicles, shelters, street furniture, or other improvements at any public transportation stop; (iii) above-ground or underground infrastructure owned or operated by any public or private utility agency; (iv) fire hydrant or water valve; (v) doors, gates, sidewalk doors, passage doors, stoops, or other ingress and egress points to any building appurtenant to the right-of-way; or (vi) fire escape.

F. Design Standards

1. General Requirements. This subsection establishes generally applicable design standards for all Type I, Type II, Type III and Type IV wireless facilities in all locations. The design of Type I, Type II, Type III and Type IV wireless facilities must also comply with applicable administrative guidelines adopted by the Planning Commission pursuant to subsection 17.46.040(B)(2), Chapter

17.58, and the City Council pursuant to subsection 17.58.020(E). a. Stealth/Concealment. All wireless facilities must be stealth to the maximum extent feasible. Colors and materials for wireless facilities shall be muted, subdued, non-reflective and chosen to minimize visibility to the greatest extent feasible.
b. Overall Height. On public and private parcels, wireless facilities may not exceed more than 10 feet above the maximum height allowed by this code for the underlying zoning district where the facility is proposed. In the public rightof-way, wireless facilities on an existing pole may not have an overall height that exceeds the height of the existing pole by more than 10 feet and wireless facilities that involve a replacement pole or a new pole may not have an overall height that is more than 10 feet above the height of the replaced pole or existing poles in the vicinity unless additional height necessary to comply with CPUC safety standards such as General Order 95.
c. Finishes. All exterior surfaces shall be painted, colored, and/or wrapped in flat, muted, subdued, non-reflective hues that match the underlying structure or blend with the surrounding environment. All exterior surfaces on wireless facilities shall be constructed from, or coated with, graffiti-resistant materials.

All finishes shall be subject to the reviewing authority’s prior approval. d. Noise. All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in this Attachment 1
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code. The reviewing authority may require the applicant to incorporate appropriate noise-baffling materials and/or noise-mitigation strategies to avoid any ambient noise from equipment reasonably likely to exceed the applicable noise regulations.
e. Lights. Wireless facilities may not include exterior lights other than as may be required under Federal Aviation Administration, FCC, other applicable federal or state governmental regulations. All exterior lights permitted or required to be installed must be installed in locations and within enclosures that mitigates illumination impacts on other properties to the maximum extent feasible. Any lights associated with the electronic equipment shall be appropriately shielded from public view. Any light beacons or lightning arresters shall be included in the overall height calculation.
f. Trees and Landscaping. Wireless facilities shall not be installed (in whole or in part) on new poles within any tree drip line. Wireless facilities may not displace any existing tree or landscape and/or hardscape features. All wireless facilities proposed to be placed in a landscaped area must include landscape and/or hardscape features (which may include, without limitation, trees, shrubs and ground cover) and a landscape maintenance plan. The existing native vegetation shall be maintained to the maximum extent feasible. The reviewing authority may require additional landscape features to screen the wireless facility from public view, avoid or mitigate potential adverse impacts on adjacent properties or otherwise enhance the stealth techniques required under this chapter. All plants proposed or required must be reviewed as part of a formal landscaping plan and approved by the City. g. Signage; Advertisements. All wireless facilities must include signage that accurately identifies the equipment owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Wireless facilities may not bear any other signage or advertisements unless expressly approved by the reviewing authority, required by law or recommended under FCC or other federal governmental agencies for compliance with RF emissions regulations.
h. Security Measures. To prevent unauthorized access, theft, vandalism, attractive nuisance or other hazards, reasonable and appropriate security measures, such as fences, walls and anti-climbing devices, may be approved.

Security measures shall be designed and implemented in a manner that enhances or contributes to the overall stealth, and the reviewing authority may condition approval on additional stealth elements to mitigate any aesthetic impacts, which may include, without limitation, additional landscape or hardscape features. Barbed wire, razor ribbon, electrified fences or any similar security measures are prohibited. Alarm systems shall not include any visible alarms or audible sirens or other sounds.

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i. Fire Safety. All wireless facilities shall be designed by qualified, licensed persons to provide the maximum protection that is technically feasible to prevent electrical and fire hazards. All wireless facilities shall be proactively monitored and maintained to continue and if possible, improve the safety design.
j. Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable federal, state, regional, and local laws, regulations, rules, restrictions and conditions, which includes without limitation the California Building Standards Code, Americans with Disabilities Act, general plan and any applicable specific plan, this code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.
k. View Protection. Wireless facilities shall be located and designed to preserve significant coastal views from the public right-of-way in conformance with Section 30251 of the California Coastal Act. The protection of public views should not prevent reasonable development of the site, yet development shall not preclude reasonable protection of any significant coastal view. Designs should respect views enjoyed by neighboring parcels and should not present excess visual mass or bulk to public view or to adjoining properties. Wireless communications facilities, to every extent possible, should be sited to not create visual clutter or negatively affect important public or private views as determined by the reviewing authority.

Collocation is encouraged when it will decrease visual impact. This objective is intended to balance the private rights to views from all parcels that will be affected by a proposed wireless facility. No single parcel should enjoy a greater right than other parcels except the natural advantages of each site’s topography. Wireless facilities which substantially eliminate an existing significant view enjoyed on another parcel should be avoided.

2. Administrative Detailed Wireless Facility Design Guidelines. The Planning Commission may develop, and from time to time amend, Administrative Detailed Wireless Facility Design Guidelines consistent with the generally applicable design standards contained in this ordinance to clarify the aesthetic and public safety goals and standards in this chapter for City staff, applicants and the public. The Administrative Detailed Wireless Facility Design Guidelines shall provide more detailed standards to implement the general principals articulated in this section and may include specific standards for particular wireless facilities or site locations, but shall not unreasonably discriminate between functionally equivalent service providers.

If a conflict arises between the development standards specified in this chapter and the Administrative Detailed Wireless Facility Design Guidelines, the development standards specified in this chapter shall control.

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G. Standards Applicable to Type V Wireless Facilities. Type V applications are evaluated under the criteria for an eligible facilities request established by federal law and FCC regulations to determine whether or not the request involves a “substantial change” to an “eligible support structure” as these terms are defined in Section

17.46.020. Type V applications also must comply with any generally applicable law, regulation, rule or standard or permit condition reasonably related to public health or safety.

17.46.050 Wireless Application Types and Submittal Requirements.

A. Application Types

1. Conditional Use Permit Applications. There shall be four (4) specific types of applications for conditional use permits under this section, which shall include Type I, Type II, Type III, and Type IV applications. The Planning Commission is the initial reviewing authority for Type I-IV applications. Decisions of the Planning Commission may be appealed to the City Council.
a. Type I Applications: Collocations of Small Wireless Facilities. Type I applications shall be limited to applications wherein an applicant seeks to place a new small wireless facility upon an existing structure and either (i) the structure is not an existing tower or base station (as defined for EFR purposes) or (ii) the structure is an existing tower or base station (as defined for EFR purposes) but the proposed facility does not qualify as an EFR. If the completed facility would still meet the physical limits and requirements to meet the definition of a small wireless facility after the installation of the new equipment, then the application to install such new equipment is a Type I application.
b. Type II Applications: Collocations which do not qualify as a Small Wireless Facility Collocation or EFR. Type II applications shall be limited to applications wherein an applicant is seeking to place a new personal wireless service facility upon an existing structure which does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and either (i) the structure is not an existing tower or base station (as defined for EFR purposes) or (ii) the structure is an existing tower or base station (as defined for EFR purposes) but the proposed facility does not qualify as an EFR.
c. Type III Applications: New Small Wireless Facilities on New or Replacement Structures. Type III applications shall be limited to applications seeking to install and/or construct a new small wireless facility that involves placement of a new or replacement structure.
d. Type IV Applications: New Towers and All Other Wireless Facilities, Except EFRs. Type IV applications shall include any applications for the Attachment 1
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installation of a new personal wireless service facility which does not meet the criteria for Type I, Type II, Type III or Type V applications.

2. Administrative Use Permit Applications. There shall be one type of application for an administrative use permit under this section, which shall be a Type V application. The Director is the initial reviewing authority for Type V applications.

Decisions of the Director may be appealed to the City Council. a. Type V Applications: Eligible Facilities Requests or EFRs. Type V applications shall include any applications that purport to meet the criteria for an eligible facilities request under federal law and FCC regulations.

B. Submittal Requirements.

1. Application Content. All applications for a permit under this Chapter must include all the information and materials required by the Application for Wireless Facility form and the applicable Wireless Facility Application Checklist adopted by resolution of the Planning Commission. The Planning Commission is authorized to develop, publish and from time-to-time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Planning Commission finds necessary, appropriate or useful for processing any application governed under this chapter.

All such requirements must be in written form and publicly stated and available.

All applications shall, at a minimum, require the applicant to submit probative evidence to demonstrate that the proposed project will be in compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes and all FCC rules for human exposure to RF emissions. It shall be the obligation of any applicant to use the correct forms and explicitly and correctly identify which type of application they are filing.

2. Application Fee/Deposit. The applicant shall submit with its written materials the full application fee or deposit amount established by City Council resolution. If no application fee has been adopted at the time of application, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to submit a deposit estimated by the Director to reimburse the City for its reasonable costs incurred in connection with the application, including costs of consultants retained by City. Should the deposit be inadequate an additional deposit shall be required. If the deposit exceeds the actual costs, the difference will be refunded to the applicant.

3. Application Submittal. All applications submitted under this chapter must be submitted to the City during the office hours specified for intake of applications submitted under this chapter as established by the Community Planning and Building Department and posted on the City’s webpage. Applicants may submit one application or multiple applications whenever feasible and not prejudicial to other applicants. Any application received in a different manner or outside those Attachment 1
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established intake hours, whether delivered in-person, by mail or through any other means, will not be considered duly filed whether the City retains the submitted materials or not.

4. Other Permits and Reviews That May Be Required. In addition to any permit required by this Chapter, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state, or local laws or regulations for the construction of the proposed facility, which includes, without limitation, any applicable permits or reviews listed below:
a. Forest and Beach Commission Review. Any proposed project that involves a request to remove or prune any tree type identified in Chapter

17.48 must be approved by the Forest and Beach Commission prior to determining completeness of the application.
b. Historic Resources Board Review. In accordance with Section

17.32.220, facilities proposed within a historic district or within the boundaries of an historic property included in the inventory are subject to additional review under Chapter 17.32 prior to consideration by the Planning Commission.
c. Coastal Development Permit Review. In accordance with Section

17.52.090, any person wishing to undertake any development in the coastal zone shall obtain a coastal development permit unless excluded from coastal permit requirements pursuant to Section 17.52.100.

5. Voluntary Community Meetings. The City strongly encourages, but does not require, prospective applicants and applicants to schedule, notice, arrange, and attend one or more voluntary community meetings with all interested members of the public. Community meetings may be conducted before or after application submittal. This community meeting is intended to give applicants the opportunity to hear from members of the public regarding the proposed project and any alternative locations or designs. Voluntary community meetings do not cause any FCC shot clock to begin.

17.46.060 Application Review Procedures.

A. Completeness Review By Director

1. In addition to exercising other duties and powers listed in Section 17.52.030 and elsewhere in this Title relevant to the application, the Director shall review each application and determine whether or not the application is complete and inform the applicant in writing that the application is complete or that additional information is needed to complete the application consistent with timeline in Section 17.52.020 and the applicable FCC shot clock.

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2. If the Director determines that the application is defective or incomplete, they shall promptly deliver a Notice of Incompleteness to the applicant in order to pause the applicable FCC shot clock.

3. The Director may take such other steps as may be required for the City to timely act upon applications for placement of wireless facilities, including entering into agreements with applicants to extend the time for action on any application under the applicable FCC shot clock.

B. Consultants

1. Use of Consultants. Where deemed reasonably necessary by the City, the City may retain the services of professional consultants to assist the City in carrying out its duties in reviewing and making decisions on applications. The applicant and private landowner, if applicable, shall be jointly and severally responsible for payment of all the reasonable and necessary costs incurred by the City for such services. The City shall provide the Applicant with a detailed invoice of time spent and the nature of the review. In no event shall that responsibility be greater than the actual cost to the City of such engineering, legal, or other consulting services.

2. Advance Deposits for Consultant Costs. The City may require advance periodic monetary deposits held by the City on account of the applicant or landowner to secure the reimbursement of the City's consultant expenses. The City Council shall establish policies and procedures for the fixing of escrow deposits and the management of payment from them. When it appears that there may be insufficient funds in the account established for the applicant or landowner by the City to pay current or anticipated vouchers, the City shall cause the applicant or landowner to deposit additional sums to meet such expenses or anticipated expenses in accordance with policies and procedures established by the City Council. No reviewing agency shall be obligated to proceed unless the applicant complies with escrow deposit requirements.

3. Independent Consultants Retained by Fire Safety Authority. The Fire Safety Authority has the authority to select and retain an independent consultant with expertise and/or specialized training in fire safety and fire hazard mitigation and prevention satisfactory to the Fire Safety Authority in connection with any application. The Fire Safety Authority may request independent consultant review on any matter committed to the Fire Safety Authority for review or approval.

Subject to applicable laws, if the Fire Safety Authority elects to retain an independent consultant in connection with any permit application, the applicant shall be responsible for the actual and reasonable costs in connection with the services provided, which may include without limitation any actual and reasonable costs incurred by the independent consultant to attend and participate in any meetings or hearings. The same procedures for fee deposits, cost reimbursements and refunds to the applicant as described in this Section shall be applicable to independent consultant review required by the Fire Safety Authority.

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D. Director Denial Without Prejudice Due to Failure to Respond to Notice(s) of Incompleteness. To promote efficient review and timely decisions, any application governed under this chapter regardless of type may be denied by the Director without prejudice when the applicant fails to tender a substantive response to the City within 120 calendar days after the Director deems the application incomplete in a written notice to the applicant. The Director, in the Director’s discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 120th day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the applicant’s reasonable control.

E. Environmental Review. Environmental review of the proposed project to protect and assure that citizens of the community contribute to the preservation and the enhancement of the environment shall be performed in accordance with Chapter 17.60 of the City’s Municipal Code.

F. Fire Safety Authority Review. After submittal by the applicant, the relevant application materials shall be transmitted to the Fire Safety Authority for their review and any recommended conditions.

G. Staff Report and Recommendations. A staff report shall be prepared for Type I-IV applications involving a public hearing. Staff reports shall evaluate the compliance of the proposed project with the applicable City policies, regulations and requirements.

The report shall recommend, with appropriate findings, the approval, approval with conditions, or disapproval of the application, based on the project evaluation. The report and supporting materials will be made available to the public in advance of the public hearing.

17.46.070 Public Notices, Public Hearings, Decision Notices and Appeals.

A. Application Submittal Notices – For Types I-V

1. Posted and Hand-Delivered Notices. Within five days after an application is duly filed with the Director, (A) the applicant shall (1) post notice on the proposed project site in a location near to and visible from the public rights-of-way or in the public right-of-way if the project site is in the public right-of-way; (2) provide a hand-delivered postcard notice to neighbors within 100-feet radius of the site; and (23) provide the Director an affidavit that such notice has been posted; and hand-delivered. (B) the Director shall provide a hand-delivered postcard notice to neighbors within 100-feet radius of the site. The applicant is responsible for maintaining and replacing the posted notice as necessary during the duration of the application review process until the reviewing authority acts on the application. The posted notice shall be composed from durable quality and weather-resistant materials that will not deteriorate under normal circumstances for the duration of the notice period. The posted notice Attachment 1
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shall be no more than two square feet and not violate Section 17.40.070.

The notice/sign shall not be placed in any location where it would obstruct travel or visibility for vehicles, bicycles, pedestrians or other users in the public right-of-way. The City encourages applicants to consult with the department on placement locations to avoid any potential hazards.

2. City Website Notice. Within 10 days after an application is duly filed with the department, the Director shall post notice of the submittal on the City’s website.

3. Notice Content. The notices required by this Section 17.46.070(A) shall include: (1) the project location with both an approximate street address and GPS coordinates; (2) the City’s permit application number; (3) the application type and a general project description with photo simulations; (4) the applicant’s contact information as provided on the application submitted to the City; (5) a URL for the City’s website page where application information can be obtained once uploaded in accordance with Section 17.46.070(A)(2); and (6) a statement as to whether a public hearing will be required for the application.

B. Public Hearing Notices (For Types I-IV). Public hearing notices shall be provided consistent with the requirements of Section 17.52.110, except that the mailing radius shall be 500 feet.

C. Public Hearings (For Types I-IV). The Planning Commission shall conduct a public hearing upon each conditional use permit application, consistent with the procedures in §17.52.160.

D. Decision Notices.

1. For Types I-V. Within five calendar days after the Planning Commission makes a decision on a Type I, II, III or IV application or the Director makes a decision on a Type V application, the Director shall: (1) deliver a written decision notice to the applicant; (2) post written notice of the decision at the proposed project site; (3) provide a hand-delivered written notice of the decision to neighbors within 100-feet radius of the site; and (4) post the decision on the City’s website.

2. Content of Decision Notices for Types I-V. The written notice sent to the applicant, posted at the proposed project site and hand-delivered to neighbors must contain: (1) the decision made (approval or denial); (2) either the reasons for the decision or where the reasons for the decision are available; (3) if the decision is a denial, a statement whether the denial is with prejudice or without prejudice for the purposes of CMC

17.52.170(D); and (4) instructions for how and when to file any appeal.

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3. For Director Denials Without Prejudice. The Director must send a written notice to the applicant to deny an application without prejudice due to failure to respond to notice(s) of incompleteness pursuant to Section

17.46.060(D)(1). The written notice shall state: (1) the number of days that have passed without the applicant tendering a substantive response to the City after the Director last deemed the application incomplete in a written notice to the applicant; (2) a statement that denial is without prejudice; and (3) instructions for how and when to file any appeal.

E. Appeals.

1. For Types I-V. Within ten calendar days after the Director issues the decision notices pursuant to Section 17.46.070(D)(1) or (3), any interested person may file a written appeal for cause in accordance with the provisions in Chapter 17.54; provided, however, that (1) the time for filing an appeal and the notice provisions in this chapter shall control over those in Chapter 17.54 and (2) appeals from an approval shall not be permitted when based solely on environmental effects from RF emissions exposure from the approved facility that was found compliant with applicable FCC regulations and guidelines.

2. For Director Denials Without Prejudice. Within ten calendar days after the Director issues the decision notice pursuant to Section

17.46.070(D)(3) denying an application without prejudice, the applicant may file a written appeal for cause in accordance with the provisions in Chapter 17.54; provided, however, that the time for filing an appeal and notice provisions in this chapter shall control over those in Chapter 17.54.

3. Appeals to City Council. The City Council shall be the appellate authority for all appeals in accordance with the provisions of Chapter 17.54. The City Council shall issue a written decision that contains the reasons for the decision, and such decision shall be the final action of the City and not subject to any further administrative appeals.

17.46.080 Findings Required.

A. Types I to IV Applications

1. Required Findings for Approval. The reviewing authority may approve wireless facility applications only when the reviewing authority makes all the following findings:
a. the proposed wireless facility will not result in adverse visual impacts or have an adverse impact on property values because it complies with all applicable development standards in Section 17.46.040 and the Administrative Detailed Wireless Facility Design Guidelines; Attachment 1
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b. if applicable, to the extent the proposed wireless facility does not comply with all applicable development standards in Section 17.46.040 and the Administrative Detailed Wireless Facility Design Guidelines, the applicant has requested a special exception and the findings for granting a special exception pursuant to Section 17.46.080(C) can be made; c. the proposed wireless facility will comply with all applicable FCC regulations and guidelines for human exposure to RF emissions and will not, either individually or cumulatively with other transmitters in the vicinity, result in RF exposures that exceed the FCC’s maximum permissible exposure level for the general population;
d. the proposed wireless facility will comply with all applicable fire safety and public safety standards;
e. the proposed wireless facility will comply with fall zone requirements in the Administrative Detailed Wireless Facility Design Guidelines; f. all public notices required for the application have been given; g. all the findings required for a use permit pursuant to Section 17.64.010; h. all the findings for discretionary design review approval pursuant to Section 17.58.060;
i. if applicable, all the findings required for a Coastal Development Permit.

2. Conditional Approvals. Subject to any applicable federal or state laws, nothing in this chapter is intended to limit the reviewing authority’s ability to conditionally approve any application governed under this chapter as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the general plan and any applicable specific plan, this code, or this chapter.

B. Type V Applications (EFRs)

1. Required Findings for Approval. The reviewing authority may approve or conditionally approve an application for an EFR administrative design review approval when the reviewing authority finds that the proposed project:
a. involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and
b. does not substantially change the physical dimensions of the existing wireless tower or base station in that it meets each and every one of the Attachment 1
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applicable criteria for an eligible facilities request stated in the definition of “substantial change,” after application of the definitions in 47 C.F.R.

1.6100(b). The reviewing authority shall make an express finding for each criterion.

2. Findings for Denial. The reviewing authority may deny without prejudice any application for an EFR administrative design review approval when the reviewing authority finds that the proposed project:
a. does not meet the findings required in Section 17.46.080(B)(1); b. involves the replacement of the entire eligible support structure; or c. violates any generally applicable law, regulation, rule or standard or permit condition reasonably related to public health or safety.

3. Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this chapter is intended to limit the reviewing authority’s authority to conditionally approve an application for an EFR administrative design review approval to comply with all generally applicable laws and to protect and promote the public health and safety.

C. Special Exceptions for Federal or State Preemption or Minor Deviations in Design (Types I to IV only)

1. Preface. The provisions in this section establish the circumstances under which the City may grant a special exception to the standards in this chapter, Chapter 17.58 or the Administrative Detailed Wireless Facility Design Guidelines, but only if specifically requested by the applicant in writing at the time of application submittal and only to the extent necessary to avoid conflict with applicable federal or state law or it is a minor deviation that achieves all of the applicable design objectives of this Chapter, as well as, or better than, would be achieved by adherence to the adopted Design Guidelines. An exception granted in one instance shall not be deemed to create a presumption or expectation that an exception will be granted in any other instance.

2. Required Findings. The reviewing authority shall not grant any special exception unless the reviewing authority finds the following:
a. the applicant has shown that denial of an application will result in an effective prohibition or otherwise violate federal law; OR the applicant has shown that denial of an application will violate state law; OR the applicant has shown that it is a minor deviation that achieves all of the applicable design objectives of this Chapter, as well as, or better than, would be achieved by adherence to the adopted design guidelines.

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b. the special exception requested by the applicant does not compromise or excuse compliance with any fire safety or other public health and safety requirements; and
c. the special exception is narrowly tailored such that any deviation from the requirements of this chapter is only to extent necessary for compliance with federal or state law or to achieve all of the applicable design objectives of this Chapter, as well as, or better than, would be achieved by adherence to the adopted Design Guidelines.

3. Evidentiary Standard. The applicant shall have the burden to prove to the reviewing authority that an exception should be granted pursuant to this section. The standard of evidence shall be the same as required by applicable federal or state law for the issue raised in the applicant’s request for a special exception.

17.46.090 Standard Conditions of Approval.

A. Wireless Facility Standard Terms and Conditions. All wireless facilities approved under this chapter or deemed approved by the operation of law shall be automatically subject to the Wireless Facility Standard Terms and Conditions adopted by the Planning Commission by resolution, unless modified by the reviewing authority in an approval decision.

B. Modified Approval Conditions. The reviewing authority, when granting approval of a permit application, may modify, add to or remove standard conditions set forth in the Wireless Facility Standard Terms and Conditions adopted by the Planning Commission by resolution, as the reviewing authority deems necessary or appropriate to: (1) protect and/or promote the public health, safety and welfare; (2) tailor the standard conditions to the particular facts and circumstances associated with the project; and/or (3) memorialize any changes to the proposed project needed for compliance with the City’s Municipal Code, generally applicable health and safety requirements and any other applicable laws.

17.46.100 Violations
Any use or condition caused or permitted to exist in violation of any provision of this chapter shall be and hereby is declared a public nuisance and may be subject to administrative citations as set forth in Chapter 18.04 of this code, summary abatement pursuant to Chapter 15.57 of this code, California Code of Civil Procedure § 731, or any other remedy available to the City.

SECTION 3. Conforming Amendments To Title 17. The following Sections of Title 17 of the Carmel-by-the-Sea Municipal Code are amended as follows (all other sections remain unchanged):

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Section 17.08.040: the residential uses table listing for “Communications” uses in the Transportation, Communications and Utilities uses table shall read:

Transportation, Communication and Utilities
Antennas and Transmission Towers – Telecommunications C C See Chapter 17.46 for findings Antennas and Transmission Towers – Other - C
Facilities Within Buildings C C
Section 17.12.020.H. shall read:
“H. Outdoor Antennas. Except as provided in Chapter 17.46 CMC, Telecommunications and Wireless Facilities and antennas used by Federal Communications Commission licensed ham operators or operators certified by RACES or ARES, both of which are excluded from the application of these provisions, antennas erected in the R-4 land use district shall be subject to the following standards:

1. No antenna or its supporting structure shall be located in the area between the front property line and the portion of the main structure or building located closest to the front property line.

2. No antenna shall be roof-mounted except on a flat portion of the roof structure with parapets, and/or architecturally matching screening plan.

3. All ground-mounted antennas shall be camouflaged by walls, antenna color, fences, or landscaping. Landscaping shall be of a type and variety capable of growth within one year to a landscape screen that obscures the visibility of the antenna. The landscaping plan shall be approved by the City Forester before it is implemented.

4. No antenna shall be erected within the public viewshed as identified in CMC

17.12.050, Preservation of Public Viewshed.

5. No part of any antenna shall be higher than 24 feet.” Section 17.14.030: the commercial uses table listing “Communications” uses in the Transportation, Communications and Utilities uses table shall read:

Transportation, Communication and Utilities
Antennas and Transmission Towers – Telecommunications C C C Antennas and Transmission Towers – Other - - -
Facilities Within Buildings P P C
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Section 17.14.220.F. shall read:
“F. Antennas. Except for antennas preempted by Federal law, antennas in the commercial districts shall be located and screened to reduce their visibility from the public right-of-way and adjacent properties. All antenna installations must be reviewed and approved through the commercial design review procedures. Except as provided in Chapter 17.46 CMC, Telecommunications and Wireless Facilities, antennas located in any commercial land use district shall conform to the following standards:

1. All ground-mounted antennas shall be required to maintain their supporting structures at least three feet from any property line.

2. All ground-mounted antennas shall be screened by walls, color, fences or landscaping.

Landscaping shall be of a type and variety capable of growing within one year to a landscape screen, which obscures the visibility of the antenna. The landscaping plan shall be approved by the City Forester before it is implemented.

3. No part of any antenna shall be higher than the maximum height allowed in the underlying land use district.

4. A maximum of one antenna shall be allowed on a building site.

5. All roof-mounted antennas are prohibited except as provided in CMC 17.46.020(E)17.46.030(B) (general development standards).” Section 17.18.030: the public and quasi-public uses table listing for “Communications” uses in the Transportation, Communications and Utilities uses table shall read:

Transportation, Communication and Utilities
Communication Facilities
Antennas and Transmission Towers – Telecommunications C C See Chapter 17.46 CMC Antennas and Transmission Towers – Other - C
Facilities Within Buildings C C
Section 17.40.070.H. shall read:
“H. Signs in the public right-of-way, except for signs posted by a Federal, State, or local governmental entity with permission of the City and application notices posted in accordance with CMC 17.46.070(A)(1).”
Section 17.52.150.C shall read:
“C. Appeals. All final actions of the Director may be appealed to the Planning Commission in accordance with Chapter 17.54 CMC, Appeals, except for Director Attachment 1
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decisions pursuant to CMC 17.46.050(A)(2) and 17.46.060(D) which may only be appealed to the City Council.”
Section 17.54.010.E. shall read:
“E. The findings and actions of the Planning Director shall be final and conclusive from and after the date of final action unless an appeal is filed with the Planning Commission Secretary pursuant to CMC 17.54.040(A), Appeals to the Forest and Beach Commission or the Planning Commission, or CMC 17.54.040(B), Appeals to the Historic Resources Board, or with the Coastal Commission pursuant to CMC 17.54.040(D) and

17.54.050, or with the City Clerk pursuant to CMC 17.54.040(C), Appeals to City Council. “
Section 17.54.040.C. shall read:
“C. Appeals to the City Council. Decisions to approve or deny projects made by the Planning Commission, Forest and Beach Commission, or the Historic Resources Board may be appealed to the City Council by filing a notice of appeal in writing in the office of the City Clerk within 10 working days following the date of action by the decision-making body and paying the required filing fee as established by City Council resolution.

Notwithstanding the foregoing, decisions for projects subject to Chapter 17.46 (Telecommunications and Wireless Facilities) made by the Planning Director or by the Planning Commission must be appealed within the time periods specified in CMC

17.46.070(E).“
Section 17.54.080.A. shall read:
“A. Appeals of Decisions on Permits. Any decision to approve, deny or conditionally approve any permit made by the Director (except for denials without prejudice made pursuant to CMC 17.46.060(D)), the City Forester, the Planning Commission, or the Historic Resources Board may be appealed by any aggrieved party. Coastal Commissioners may appeal these decisions pursuant to CMC 17.54.020 and

17.54.050.”
Section 17.58.030.B.1.d. shall read:
“d. Installation of antennas and associated equipment.” Section 17.58.040.B.1 and the introductory part of B.2 shall read:

B. Residential Track Two Design Study. Track two is a discretionary review process for projects that require a public hearing with the Planning Commission. All track two projects shall require public notice and a hearing pursuant to CMC 17.52.110, Notice of Public Hearing.

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1. Applicability. Residential district track two design review is for the construction of new dwellings, rebuilds, substantial alterations, installation of antennas and associated equipment, and other projects that comply with applicable zoning standards and design review guidelines but do not qualify for track one processing.

2. Procedures. Except for the installation of antennas and associated equipment which shall be subject to the procedures in CMC 17.58.030.B.2, dDesign review for track two projects is a three-phase process requiring: (1) preliminary site assessment, (2) design concept review, and (3) final details review. The application shall not be deemed complete until the preliminary site assessment has occurred and the City has received a complete application for design concept review. When a use permit, variance, or other land use permit is required, the application shall not be deemed complete until design concept review is completed and the City has received a complete application for final details review and for the applicable land use permit. The procedure for track two projects includes the following:

Section 17.68.070 “Communication Facilities” uses shall read:

Antennas and Transmission Towers - Telecommunications. Communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one or more reception or transmission systems. Examples of transmission towers - telecommunications are limited to telephone exchange or microwave relay towers, and cellular telephone transmission or personal communications systems towers.

Antennas and Transmission Towers - Other. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support one or more reception or transmission systems.

Examples of transmission towers- other are limited to radio towers, television towers, telephone exchange or microwave relay towers, and cellular telephone transmission or personal communications systems towersand other towers that are not used for telecommunications.

Facilities Within Buildings. Includes radio, television, or recording studios and telephone switching centers; excludes antennas and transmission devices.

Section 17.70.010 and Section 17.70.020 shall be amended to repeal the following listed terms and corresponding definitions:

Amateur Radio Antenna (See Antenna);
Antenna; Monopole (See Telecommunications Terms);
Satellite Antenna (See Antenna);
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Telecommunications Facility, Co-Located (See Telecommunications Terms); Telecommunications Facility (See Telecommunications Terms); Telecommunications Terms (Building-Mounted Telecommunications Facility; Monopole; Telecommunications Facility; Telecommunications Facility, Co-Located).

Section 17.70.010 shall be further amended to add to the listed terms the following:
“Telecommunications and Wireless Terms. See Chapter 17.46.” SECTION 4. Conforming Amendments to Titles 12 and 13. The following Sections of Title 12 and 13 of the Carmel-by-the-Sea Municipal Code are amended to read (all other sections remain unchanged):

Section 12.08.050 shall be amended to add a new subsection E as follows:
“E. Notwithstanding Section 12.080.040.A. and Section 12.08.050.A, B, C and D, for applications that are subject to both Ch. 17.46 and Ch. 12.08, the reviewing authority under Ch. 17.46 shall process and decide both applications concurrently under the procedures in Ch. 17.46, including any appeals.”
Section 12.08.060 shall be amended to add a new subsection I as follows:
“I. For applications that are subject to both Ch. 17.46 and Ch. 12.08, only the standards in Ch. 17.46 and the applicable administrative guidelines shall apply.” Section 13.28.070.E. shall be amended to read as follows:
“E. Antennae, associated equipment that is within the supporting structure or integrated with the antennae, and supporting structures, used by a utility for furnishing communication services.”
SECTION 5. Effective Date. This Ordinance shall take effect 30 days after its adoption by the City Council of the City of Carmel-by-the-Sea and after approval by the California Coastal Commission.

SECTION 6. Severability. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining sections, subsections, provisions, sentences, clauses, phrases or words of this Ordinance.

INTRODUCED at a Regular City Council Meeting on ____________, 2023.

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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHE-SEA this __ day of _______, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
________________________ ______________________
Mayor City Clerk
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CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE NO. 2023-006

AN ORDINANCE OF THE CITY COUNCIL OF CARMEL-BY-THE-SEA AMENDING THE CARMEL MUNICIPAL CODE (CMC) TITLE 17 (ZONING) BY REPEALING AND REPLACING CHAPTER 17.46 (TELECOMMUNICATIONS AND WIRELESS

FACILITIES) AND MAKING CONFORMING AMENDMENTS TO ZONING CODE SECTIONS 17.08.040, 17.12.020, 17.14.030, 17.14.220, 17.18.030, 17.40.070,

17.52.150, 17.54.010, 17.54.040, 17.54.080, 17.58.030, 17.58.040, 17.68.070,

17.70.010 AND 17.70.020 AND TO MUNICIPAL CODE SECTIONS 12.08.050,

12.08.060, 13.28.070; AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Carmel-by-the-Sea currently regulates the placement of wireless facilities throughout the City under Title 17, Chapter 17.46 of the Municipal Code; and
WHEREAS, Chapter 17.46 was last amended in 2004; and
WHEREAS, there have been significant changes in state and federal law affecting local authority over wireless siting since Chapter 17.46 was last amended, including the passage of new federal laws and state laws, the adoption of new Federal Communications Commission regulations and orders, the amendment of California Public Utility Commission orders related to utility infrastructure, and various judicial decisions interpreting those laws and regulations; and
WHEREAS, notwithstanding the various changes in state and federal law, local governments continue to retain authority to regulate the placement, construction, and modification of personal wireless service facilities, subject to those matters where local authority has been limited or removed by state or federal law; and WHEREAS, Carmel-by-the-Sea has made longstanding and sustained efforts to preserve its distinct “village in a forest, by the sea” character, the natural beauty of its shoreline environment, and its charm as a popular visitor destination, by not allowing incompatible development that degrades the visual and economic value of adjoining properties, especially in residential areas; and
WHEREAS, Carmel-by-the-Sea’s topography, forested nature, location partially within and partially adjacent to California’s High Fire-Threat District (HFTD), and narrow streets, with few gutters or sidewalks or streetlights, gives rise to many unique concerns Attachment 2
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and situations relating to fire safety, traffic circulation, parking and pedestrian safety; and
WHEREAS, if not adequately regulated, the installation of personal wireless services facilities within the City can pose a threat to the public health, safety, and welfare; traffic and pedestrian safety hazards; negative impacts to trees; creation of visual and aesthetic blights and potential safety concerns arising from improper design or excessive size, heights, noise, or lack of camouflaging; and WHEREAS, the City therefore intends to exercise its powers to regulate personal wireless service facilities to the maximum extent allowed by law, to protect its residents and visitors, promote public health, safety and community welfare, preserve the natural resources and unique scenic quality of Carmel-by-the-Sea, and protect the character of the City’s residential neighborhoods, while nonetheless respecting and adhering to the law as it is today and may change in the future; and
WHEREAS, the City Council and Planning Commission held a joint special meeting on wireless regulation on February 28, 2022 to receive an update on changes to the law, to receive public feedback and to provide general direction to staff on an update to the City’s wireless regulations; and
WHEREAS, the Planning Commission conducted a duly noticed public workshop on a draft of the wireless regulations (ordinance, design guidelines, standard conditions of approval, and application forms) on March 29, 2023 to receive public feedback; and WHEREAS, the Planning Commission held a duly noticed public hearing on the proposed ordinance, design guidelines, standard conditions of approval, and application forms on August 23, 2023 at which it took public testimony, held a discussion, and voted to adopt the design guidelines, standard conditions of approval, and application forms, and to recommend that City Council adopt of the proposed code amendments (Resolution No.2023-044);
WHEREAS, on September 12, 2023 the City Council held a duly noticed public hearing on the proposed code amendments;
WHEREAS, the City determined this ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines; and
WHEREAS, the proposed amendments are in full conformity with the City’s Local Coastal Plan and the California Coastal Act (Public Resources Code Section 30510 et seq.)
SECTION 1. CEQA Review. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an Attachment 2
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application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the City Council’s adoption of the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the applicant would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at that time.

The City Council therefore directs that a Notice of Exemption be filed with the County Clerk of the County of Monterey within five working days of the passage and adoption of the Ordinance.

SECTION 2. Repeal and Replacement of Chapter 17.46. Chapter 17.46 of Title 17 of the Carmel-by-the-Sea Municipal Code is hereby repealed in its entirety and replaced with the following:

Chapter 17.46

TELECOMMUNICATIONS AND WIRELESS FACILITIES
Sections:

17.46.010 Purpose and Findings.

17.46.020 Definitions.

17.46.030 Applicability.

17.46.040 General Development Standards.

17.46.050 Wireless Application Types and Submittal Requirements.

17.46.060 Application Review Procedures.

17.46.070 Public Notices, Public Hearings and Appeals.

17.46.080 Findings Required.

17.46.090 Standard Conditions of Approval.

17.46.100 Violations

17.46.010 Purpose and Findings.

A. Purpose. The purpose of this chapter is to establish comprehensive requirements and development standards for the siting, design, construction, maintenance and modification of wireless facilities in Carmel-by-the-Sea, including on public and private property and in public rights-of way, in order to manage their deployment and minimize adverse aesthetic impacts to Carmel-by-the-Sea’s unique village character, consistent with and to the full extent of the City’s authority under federal and California law.

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B. Findings. The City Council hereby finds that:

1. Limitations on the placement of wireless facilities within the City limits are necessary to:
a. Protect Carmel-by-the-Sea’s distinct “village in a forest, by the sea” character with its centralized commercial core surrounded by residential land uses. b. Protect Carmel-by-the Sea’s charm as a popular visitor destination, known as much for its spectacular coast as for its unique community character. c. Recognize and respect that Carmel-by-the-Sea is among a limited number of California coastal communities where nearly the entire shoreline from the first public road to the sea is open to the public and easily accessible, and that over the years, Carmel has maintained a balance between preserving the beauty of the shoreline environment and adding the physical improvements that make the Carmel shoreline accessible and enjoyable to the public, keeping the entire beach and bluff as natural appearing as possible consistent with public access, habitat protection, safety and provision of limited recreational support facilities. d. Recognize and respect that Carmel-by-the-Sea’s streets are narrow in width, 26 to 34 feet, with few gutters or sidewalks and that this lack of formal development of streets throughout Carmel (with the exception of some of the downtown thoroughfares) has been a conscious effort on the part of residents to maintain a “village in a forest” atmosphere, and gives rise to many unique situations relating to traffic, circulation, parking and pedestrian safety.

2. Personal wireless services can serve as an important and effective part of Carmelby-the-Sea’s emergency response and communications.

3. The regulations contained herein are designed to promote public health, safety and community welfare, preserve the natural resources and scenic quality of Carmel-bythe-Sea and protect the character of the City’s residential neighborhoods, recognizing that the preservation of the residential character in Carmel is central to all land uses, consistent with the findings in (1) and (2), while regulating managed development of wireless infrastructure throughout the City.

4. The provisions of this chapter are intended to:
a. Comply with all applicable goals, objectives and policies of the General Plan, the City’s Local Coastal Program and the California Coastal Act. b. Minimize adverse aesthetic impacts associated with wireless facilities in all districts.
c. Preserve Carmel’s primarily residential character by keeping business and commerce subordinate to its residential character.

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d. Comply with all federal law, Federal Communications Commission rules, regulations and standards, California law, and California Public Utilities Commission regulations and standards.
e. Ensure the safe installation and maintenance of wireless facilities to protect against fire hazards made more prevalent by Carmel’s unique urbanized forest, topography and accessibility.

17.46.020 Definitions.

The definitions in this Section apply to this chapter. Undefined terms shall have the meaning assigned to them in Chapter 17.70. Per Section 17.02.090(C), to the extent that this chapter quotes or paraphrases any State or Federal Statute for convenience and any conflict is discovered, or is created through amendment, the State or Federal Statute shall control and shall be cause for an amendment to this chapter.

A. Generally Applicable Definitions

1. “accessory equipment” means equipment other than antennas used in connection with a wireless facility. The term includes transmission equipment.

2. “amateur station” means the same as defined by the FCC in 47 C.F.R. §

97.3, which means a station in an amateur radio service consisting of the apparatus necessary for carrying on radio communications. This term includes amateur radio antennas and related facilities used for amateur radio services.

3. “antenna” means the same as defined by the FCC in 47 C.F.R. §

1.6002(b), which means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the provision of personal wireless service and any commingled information services.

4. “base station” means the same as defined by the FCC in 47 C.F.R. §

1.6100(b)(1), which means:

A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower or any equipment associated with a tower.
(i) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

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(ii) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).
(iii) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in 47 C.F.R. § 1.6100(b)(1)(i) through (ii) of 47 C.F.R. §

1.6100 that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
(iv) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in 47 C.F.R. § 1.6100(b)(1)(i)–(ii) of 47 C.F.R. § 1.6100.

5. “collocation” means the same as defined by the FCC in 47 C.F.R. §

1.6002(g), which means (1) Mounting or installing an antenna facility on a preexisting structure; and/or (2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure. For eligible facilities requests, the definition of collocation in B.1 below applies instead of this definition.

6. “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency.

7. “Director” means the City of Carmel-by-the-Sea Community Planning and Building Director or the Director’s designee.

8. “EFR” or “eligible facilities request” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(3) which means any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.

9. “FCC” or “Commission” means the Federal Communications Commission, as constituted by the Communications Act of 1934, Pub. L: 73-416, 48 Stat. 1064, codified as 47 U.S.C. §§ 151 et seq. or its duly appointed successor agency.

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10. “Fire Safety Authority” means the Chief Building Official of the City of Carmel-by-the-Sea or the Fire Safety Authority’s designee.

11. “historic resource” means any prehistoric or historic district, site, building, structure or object included in, or eligible for inclusion in, the National Register of Historic Places, the California Register of Historical Resources, the “Carmel Inventory of Historic Resources” or the “Carmel Inventory” as defined in code Section 17.32.230, the “Carmel Register of Historic Resources” or the “Carmel Register” as defined in code Section 17.32.230, or any “historic resource” or “historical resource” as defined in code Section 17.32.230. The term includes artifacts, records and remains related to or located within such properties. The term also includes properties with traditional religious and/or cultural importance to any Native American tribe.

12. “OTARD” means any “over-the-air reception device” subject to the FCC rules in 47 C.F.R. §§ 1.4000 et seq., which generally includes satellite television dishes and antennas, and certain fixed wireless antennas not greater than one meter in diameter.

13. “personal wireless service facility” means the same as defined by the FCC in 47 C.F.R. § 1.6002(i) which means an antenna facility or a structure that is used for the provision of personal wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.

14. “personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i) which means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.

15. “public right-of-way” or “public rights-of-way” means land or an interest in land which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to or open to the use by the general public for road or highway purposes. The term does not include private or public utility easements unless such easement is reserved for or dedicated to or open to the use by the general public for road or highway purposes.

16. “reviewing authority” means the City official or appointed/elected body responsible for application review and vested with authority to approve, approve with modifications and/or conditions, or deny such applications.

17. “RF” means radiofrequency.

18. “small wireless facility” means the same as defined by the FCC in 47 C.F.R. § 1.6002(l), which means a personal wireless service facility that meets each of the following conditions:

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(a) The facilities (i) are mounted on structures 50 feet or less in height including their antennas; or (ii) are mounted on structures no more than 10 percent taller than other adjacent structures; or (iii) do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
(b) Each antenna associated with the deployment is no more than three (3) cubic feet in volume, excluding associated antenna equipment; (c) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment, cumulatively total no more than twentyeight (28) cubic feet in volume; (d) The facility does not require antenna structure registration under 47 CFR Part 17 (Construction, Marking and Lighting of Antenna Structures); (e) The facility is not located on tribal land; and
(f) The facility will not result in human exposure to radiofrequency radiation in excess of the applicable FCC safety standards set forth within Table 1 of 47 CFR §1.1310(E)(1).

19. “FCC shot clock” means the time defined by the FCC in 47 C.F.R. §

1.6003 or 1.6100(c) (as applicable) in which a state or local government must act on an application or request for authorization to place, construct or modify personal wireless services facilities.

20. “stealth” means concealment elements, measures and techniques that mimic or blend with the underlying structure, surrounding environment and adjacent uses to screen all transmission equipment from public view and integrate the wireless facility into the built or natural environment such that, given the particular context, the reasonable person would not recognize the structure as a wireless facility. Stealth concealment techniques include, without limitation:
(1) transmission equipment placed completely within existing or replacement architectural features such that the installation causes no visible change in the underlying structure; (2) new architectural features that mimic or blend with the underlying or surrounding structures in style, proportion and construction quality such that they appear part of the original structure’s design; and (3) concealment elements, measures and techniques that mimic or blend with the underlying structure, surrounding environment or adjacent uses

21. “structure” means the same as defined by the FCC in 47 C.F.R. §

1.6002(m) which means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or comingled with other types of services). A tree including live, dead, partially cut down or limbed tree is not a structure and may not be used for placement of wireless facilities.

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22. “tower” means the same as defined by the FCC in 47 C.F.R. §

1.6100(b)(9) which means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

23. “transmission equipment” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(8) which means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

24. “Type I application” means an application type that shall be limited to applications wherein an applicant seeks to place a new small wireless facility upon an existing structure and either (i) the structure is not an existing tower or base station (as defined for EFR purposes) or (ii) the structure is an existing tower or base station (as defined for EFR purposes) but the proposed facility does not qualify as an EFR. If the completed facility would still meet the physical limits and requirements to meet the definition of a small wireless facility after the installation of the new equipment, then the application to install such new equipment is a Type I application.

25. “Type II application” means an application type that shall be limited to applications wherein an applicant is seeking to place a new personal wireless service facility upon an existing structure which does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and either (i) the structure is not an existing tower or base station (as defined for EFR purposes) or (ii) the structure is an existing tower or base station (as defined for EFR purposes) but the proposed facility does not qualify as an EFR.

26. “Type III application” means an application type that shall be limited to applications seeking to install and/or construct a new small wireless facility that involves placement of a new or replacement structure.

27. “Type IV application” means an application type that shall include any applications for the installation of a new personal wireless service facility which does not meet the criteria for Type I, Type II, Type III or Type V.

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28. “Type V application” means an eligible facilities request or EFR as defined by the FCC in 47 C.F.R. § 1.6100(b)(3), which is any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) collocation of new transmission equipment; (ii) removal of transmission equipment; or (iii) replacement of transmission equipment.

29. “utility pole” means a wood or steel vertical structure in the public right-ofway designed to support electric, telephone and similar utility lines. A tower is not a utility pole.

30. “visibility triangle” means that portion of both the public and private property at any corner bounded by the curb line or edge of roadway of the intersecting streets and a line joining points on the curb or edge of roadway a distance in feet equivalent to the width of the roadway from the point of intersection of the extended curb lines or edges of roadway.

31. “wireless facility” means the transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), structure(s), and base station(s).

B. Additional Definitions Applicable to Eligible Facilities Requests (EFRs) Only

1. “collocation” means the same as defined by the FCC in 47 C.F.R. §

1.6100(b)(2), which means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

2. “eligible support structure” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(4) which means any tower or base station, provided that it is existing at the time the relevant eligible facilities request application is filed with the State or local government.

3. “existing” means the same as defined by the FCC in 47 C.F.R. §

1.6100(b)(4) which means a constructed tower or base station is “existing” for purposes of an EFR, if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

4. “site” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(6), which means that for towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and Attachment 2
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any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a State or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the Section 6409(a) process.

5. “substantial change” or “substantially change” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(7), which establishes different criteria based on the particular facility type and location. For clarity, the definition in this chapter reorganizes the FCC’s criteria and thresholds for a substantial change according to the facility type and location.
a. For towers outside the public rights-of-way, a substantial change occurs when:
i. the proposed collocation or modification increases the overall height more than 10% or the height of one additional antenna array with separation from the nearest antenna not to exceed 20 feet (whichever is greater); or
ii. the proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or
iii. the proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or
iv. the proposed collocation or modification involves excavation or deployment outside the current boundaries of the leased or owned property surrounding the wireless tower by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site.
b. For towers in the public rights-of-way and for all base stations, a substantial change occurs when:
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ii. the proposed collocation or modification increases the width more than 6 feet from the edge of the wireless tower or base station; or iii. the proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or
iv. the proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are ten percent (10%) larger in height or volume than any existing ground-mounted equipment cabinets; or
v. the proposed collocation or modification involves excavation or deployment outside the area in proximity to the structure and other transmission equipment already deployed on the ground.
c. In addition, for all towers and base stations wherever located, a substantial change occurs when:
i. the proposed collocation or modification would defeat the existing concealment elements of the eligible support structure as determined by the reviewing authority; or
ii. the proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this definition. d. The thresholds for a substantial change outlined above are disjunctive.

The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits from the originally-permitted eligible support structure. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted eligible support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites that existed prior to February 22, 2012, the cumulative limit for vertically separated deployments is measured from the permitted site dimensions as they existed on February 22, 2012—the date that P.L. 112-96 was signed into law.

17.46.030 Applicability.

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A. General. This chapter applies to all requests for the City’s regulatory authorization to construct, install, operate, collocate, modify, relocate, remove or otherwise deploy wireless facilities on property within the City’s territorial and jurisdictional boundaries, unless expressly exempted pursuant to subsection (B).

This includes permit applications submitted to the City for decision in its regulatory capacity for wireless facilities on property or structures owned or controlled by the City and located within the City, including in public rights-ofway; provided, however, that this chapter does not govern whether or under what terms and conditions the City, in its capacity as the property or structure owner, would lease, license or otherwise allow a wireless facility on such property or structures.

B. This chapter shall not be applicable to the following:

1. wireless facilities installed completely indoors and used to extend personal wireless services into a business or the subscriber’s private residence, such as a “femtocell” or indoor distributed antenna system;

2. OTARD antennas which are regulated pursuant to Chapter 15.40 (Antennas and Satellite Dishes);

3. antennas and related transmission equipment used in connection with a duly authorized amateur station operated by a federally licensed amateur radio operator as part of the Amateur Radio Service; provided, that its maximum height does not exceed the height requirements of the zoning district;

4. wireless facilities or other transmission equipment owned and operated by CPUC-regulated electric companies for use in connection with electrical power, generation, transmission and distribution facilities subject to CPUC General Order 131-D;

5. temporary wireless facilities parked in a fixed location within the public rightsof-way for no longer than 10 days under an approved special events permit pursuant to Chapter 12.48.

17.46.040 General Development Standards.

A. Location Standards. When considering compatibility of a location and structure for Type I, Type II, Type III and Type IV wireless facilities, the City requires applicants to propose those that will be the least intrusive to community character and values. Subsection B provides a ranking that describes Zoning Districts where wireless facilities are least compatible to most compatible with other uses.

Subsection C provides the City’s preference for placements on parcels over public rights-of-way. Subsection D provides structure rankings. Subsection E provides additional special considerations for site selection on public right-ofway.

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B. Ranked Locations. Applicants must propose placement in locations with the least intrusive land use designation (i.e.: Zoning) technically feasible and potentially available. Applications proposing placement in Tier I or II must include a written justification as part of the application submittal, supported by factual and verifiable evidence, that shows no location in a Tier III land use tier is technically feasible and available. The following land use tiers are ranked from least compatible to most compatible:

Tier I (Least Compatible):

Senior Citizen Facility (A-3), Multi-Family Residential (R-4), Single-Family Residential (R-1), and Residential and Limited Commercial (RC).

Tier II:

Improved Parklands (P-2), Natural Parklands and Preserves (P-1), and Theatrical (A-1).

Tier III (Most Compatible):

Central Commercial (CC), Service Commercial (SC), and Community and Cultural (A-2).

C. Preference for Placement on Public and Private Parcels Over on Public Right-of-Way.

Placement on public and private parcels is strongly preferred over placements in the public rights-of-way because Carmel’s public rights-of-way are narrow in width (26 to 34 feet), with few gutters or sidewalks. Limiting wireless facilities in public rights-of-way is necessary: (i) to ensure that the flow of pedestrian and vehicular traffic, including ingress to, or egress from, any residence, public building, or place of business or from the street to the sidewalk, by persons exiting or entering parked or standing vehicles is maintained; (ii) to provide reasonable access for the use and maintenance of sidewalks, pathways, hydrants, restrooms, trash receptacles, firefighting apparatus, as well as access to locations used for public transportation services; (iii) to ensure no interference to the performance of police, firefighter, and other emergency medical personal; and (iv) to maximize public access in the commercial districts and along the coast which have unusually high pedestrian and vehicular traffic volumes.

Applications proposing placement in the public right-of-way must include a written justification as part of the application submittal, supported by factual and verifiable evidence, that shows placement on a parcel is not technically feasible and available
D. Structure Selection. Applicants shall propose placement on the mostcompatible structure that is technically feasible and available. Any application to place a wireless facility on a structure other than the most compatible structure Attachment 2
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must include a written justification, based on factual and verifiable evidence, that shows no more compatible structure is technically feasible and available.

1. Structure Selection on Parcels. The following structures are ranked from least compatible to most compatible on parcels:
a. new (non-replacement) structures.
b. residential historic structures
c. existing building rooftops.
d. existing (or replacement) non-building structures without existing wireless facilities.
e. existing non-building structures with existing wireless facilities.

2. Structure Selection on Public Rights-of-Way. New (non-replacement) structures of any type (pole or non-pole) are the least compatible structures to use on public rights-of-way. Existing (or replacement) utility poles are the most compatible structures. Selection of structures/locations in the public right-of-way is also subject to the limitations in Subsection E below.

E. Additional Special Considerations for Locations in the Public Right-of-Way.

1. Highly Incompatible Locations in the Public Right-of-Way. Applicants shall not propose to install wireless facilities in/on a highly incompatible location in the public right-of-way unless the application is accompanied by a request for a special exception finding under Subsection 17.46.080(C). The following is a list of highly incompatible locations:
a. any location in the public right-of-way within the Single-Family Residential Zoning District.
b. any location in the public right-of-way that would trigger review of consistency with the Secretary of the Interior’s Standards for potential impacts to a historic resource on a residential parcel in any Tier I zone in B above;
c. any location in the public right-of-way within the area depicted in Figure 1 below.

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FIGURE 1

2. Additional Public Right-of-Way Location Selection Standards. Applicants shall not select existing structures and shall not propose new (nonreplacement) structures in the following locations unless the application includes a written justification, based on factual and verifiable evidence, that shows no structure/location is technically feasible and available outside these locations:
a. directly in front of the areas which are five feet in either direction from the centerline of each entry door or window in the front façade of any occupied residential building.
b. within a 500-foot radius from another wireless facility within the public rights-of-way.

3. Public Right-of-Way Location Safety Considerations. Applicants shall not propose adding new structures in the following locations:
a. Any location that would create a hazard to public health or safety. b. Any location that would adversely affect the normal drainage of surface water, unless an acceptable mitigation is included that will be advantageous to the general public.
c. Any location that would adversely affect vehicular and/or pedestrian traffic or the parking of vehicles including placements in any visibility triangle that obstructs or restricts the view necessary for the safe operation of motor vehicles as determined by the Traffic Safety Committee. d. Any location that would adversely affect the root structure of any existing trees, or significantly reduce greenbelt area that may be used for tree planting.

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e. Any location within 10 feet away from any driveways for police stations, fire stations, or other emergency responder facilities. f. Any location that would physically interfere with or impede access to any:
(i) above-ground or underground infrastructure for traffic control, or public transportation, including, without limitation, any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, barricade reflectors; (ii) public transportation vehicles, shelters, street furniture, or other improvements at any public transportation stop; (iii) above-ground or underground infrastructure owned or operated by any public or private utility agency; (iv) fire hydrant or water valve; (v) doors, gates, sidewalk doors, passage doors, stoops, or other ingress and egress points to any building appurtenant to the right-of-way; or (vi) fire escape.

F. Design Standards

1. General Requirements. This subsection establishes generally applicable design standards for all Type I, Type II, Type III and Type IV wireless facilities in all locations. The design of Type I, Type II, Type III and Type IV wireless facilities must also comply with applicable administrative guidelines adopted by the Planning Commission pursuant to subsection 17.46.040(B)(2), Chapter

17.58, and the City Council pursuant to subsection 17.58.020(E). a. Stealth/Concealment. All wireless facilities must be stealth to the maximum extent feasible. Colors and materials for wireless facilities shall be muted, subdued, non-reflective and chosen to minimize visibility to the greatest extent feasible.
b. Overall Height. On public and private parcels, wireless facilities may not exceed more than 10 feet above the maximum height allowed by this code for the underlying zoning district where the facility is proposed. In the public rightof-way, wireless facilities on an existing pole may not have an overall height that exceeds the height of the existing pole by more than 10 feet and wireless facilities that involve a replacement pole or a new pole may not have an overall height that is more than 10 feet above the height of the replaced pole or existing poles in the vicinity unless additional height necessary to comply with CPUC safety standards such as General Order 95.
c. Finishes. All exterior surfaces shall be painted, colored, and/or wrapped in flat, muted, subdued, non-reflective hues that match the underlying structure or blend with the surrounding environment. All exterior surfaces on wireless facilities shall be constructed from, or coated with, graffiti-resistant materials.

All finishes shall be subject to the reviewing authority’s prior approval. d. Noise. All wireless facilities must be compliant with all applicable noise regulations, which includes, without limitation, any noise regulations in this Attachment 2
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