Agenda packet — Carmel-by-the-Sea City Council, May 5, 2025 (part 2 of 2)

The street address exploration phase included communicating to residents and community members:

The City’s intentions in exploring street addresses while not compelling at-home mail delivery and its intention on keeping the downtown USPS Post Office operational.

Researching and defining at-home mail delivery and street address assignment as two separate issues.

Street addresses/address assignments will not compel at-home mail delivery; curbside mail boxes or Cluster Box Units (CBU’s) will not be installed.

Staff’s research into the USPS established processes for mail delivery to PO Boxes (centralized delivery); confirmation from USPS that delivery to PO Boxes will continue to be the delivery method/system for Carmel-by-the-Sea (Attachment 1).

Continued mail service through the established system of PO Box mail delivery means that USPS mail delivery vehicles will not be deployed into neighborhoods for at-home mail delivery, operation of USPS vehicles will remain in the established routes of regular operation for PO Box delivery to the 5th Ave. USPS Post Office.

Ad Hoc Committee and staff’s direct communication with USPS representatives.

Questions and concerns received from residents.

Overview of inconveniences reported by residents caused by the absence of the standard street addresses, including difficulties with financial institutions, government agencies, package delivery failures, frustration and confusion attempting to activate essential utilities.

Research and review of the California Fire Code and Building Code compliance requirements.

Interdepartmental review and discussion of the absence of standard street addresses, including the Fire Chief, Police Chief, Planning Director/Assistant City Administrator, City Administrator, City Attorney, and Administration staff.

Public Safety concerns and recommendation from Fire Chief Miller and Police Chief Tomasi.

The extensive research during the exploration phase aligned with the City’s Council direction to research the standard street address assignment system, explore other addressing/GPS systems, and engage with the USPS Growth Manager and USPS Address Management Systems Manager for direct information on how the USPS’s systems and processes would apply to Carmel-by-the-Sea, should the City move forward implementation. Staff’s research and breadth of considerations incorporated community input and questions from City Council Meetings, Strategic Priority Meetings, emails, letters, and phone calls to staff. 2/7/25, 1:33 PM Coversheet
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City Council Direction to Staff
On July 9, 2024, staff and the Ad Hoc Committee asked the City Council to provide direction on whether to maintain the status quo and conclude its research and/or consider the Ad Hoc Committee’s recommendation to move forward with the assignment of street addresses in the City of Carmel-by-the-Sea and direct staff to create an implementation plan and return to City Council no later than September 2024. The City Council directed staff to return on September 10, 2024 with an implementation plan, community engagement plan, and for the City Attorney to return in September with an Ordinance to amend the municipal code removing the provision allowing directional addresses.

August 6, 2024 following City Attorney announcements, City Council directed staff to return in September with a discussion on whether street addresses should be put to the voters to decide on, and provide an analysis on the process to do so, in addition to the direction to staff that was given during the July 9, 2024 meeting.

The proposed implementation plan and community engagement plans work in synchrony to encourage community involvement and input as the process moves along. The goal of the proposed plans is to promote community participation, community education on the implementation and development of the street address system program, and City Council’s guidance and direction throughout the process. The street address system program development is based in producing a street address identification system that adheres to CA Fire Code, CA Residential Code, and CA Building Code; “approved address identification”. Approved Address Identification for CA Fire Code, CA Residential Code, and CA Building Code are defined as “acceptable to the fire code official,” “acceptable to the chief of the fire authority or building official of the city” and “acceptable to the building official or enforcing agency”, respectively.

The process begins with an introduction to the City staff that will work with community members through a series of workshops, community meetings, surveys, farmers market booth, and website resources and updates. Staff will explain the benchmarks for street address assignments by the Carmel-by-the-Sea Planning and Building Department, and how staff plans to reach those benchmarks with community input and City Council guidance to develop and implement a street address system program that meets standard street address identification requirements and the meets the community’s expectations of a system representative of the City of Carmel-by-the-Sea.

Staff’s presentation to City Council will include an overview of the multi-phased approach for an implementation plan (Attachment 2) and community engagement plan (Attachment 3), should the City Council decide to implement a standard street addressing system in the City of Carmel-by-the-Sea, following the City Attorney’s explanation of his legal analysis.

City Attorney’s Legal Analysis
A. OVERVIEW
In this portion of the Staff Report, the City Attorney provides a legal analysis with regard to the subject of address identification which includes a discussion of the following: California Health & Safety Code (B); Title 24 of the California Code of Regulations (C); History Regarding Section 502.1 Address Identification (D); Amendments to the California Code of Regulations (E); City Municipal Code (F); Draft Ordinance (G); Public Vote (H); Limitations on Initiative and Referendum (I); Cost and Timing of Election on an Advisory Vote Ballot Measure (J); Public Comment on the Building Standards Commission’s Current Rulemaking Cycle for Title 24 (K) and City Options (L).

The City Options discussion (Section K) provides the City Council with options that are available in regard to the subject of address identification. The options include direction on a proposed Ordinance and public vote options (Initiative, Referendum and Advisory Vote).

The Health and Safety Code directs the California Building Standards Commission to adopt, revise, and maintain Title 24, which provides for statewide building standards (“California Building Standards Code”). Three different parts of Title 24, the Building Code (Part 2), the Residential Code (Part 2.5) and the Fire Code (Part 9) all include identical requirements for address identification for new and existing buildings which are numbered here for reference:
(1) The address identification shall be legible and placed in a position that is visible from the street or road fronting the property.
(2) Address identification characters shall contrast with their background. (3) Address numbers shall be Arabic numbers or alphabetical letters. (4) Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm).
(5) Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response.
(6) Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. 2/7/25, 1:33 PM Coversheet
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(7) Address identification shall be maintained.

The current City Municipal Code (Section 15.55.100 (16) provides in the first sentence the following amendment to the California Fire Code: “505.1 Address identification. Buildings and parcels shall be identified by a description of Parcel location relative to the nearest cross-street intersection as determined by the Community Planning and Building Department.” B. CALIFORNIA HEALTH & SAFETY CODE
There are many sections in the California Health & Safety Code which cover the subject of building standards including sections found in Division 13 “Housing”, Part 1.5 “Regulation of Buildings Use for Human Habitation” and Part 2.5 “State Building Standards”.

Health & Safety Code Section 17922 references building standards included in Part 2.5 and other rules and regulations in Title 24 of the California Code of Regulations.

Health & Safety Code Section 17958 provides that the provisions of the California Building Standards Code (Part 2.5) and other regulations shall become effective 180 days after the publication by the California Building Standards Commission subject to the ability of a City to make amendments under certain circumstances as provided by the Health & Safety Code.

C. CALIFORNIA CODE OF REGULATIONS – TITLE 24
California Health and Safety Code Section 18902 provides that all references to the State Building Standards Code, Title 24 of the California Code of Regulations shall mean the California Building Standards Code.

California Health and Safety Code Section 18931 provides that the duties of the California Building Standards Commission include the approval of building standards.

The International Code Council (ICC) is an organization that proposes model building standards codes. Every 3 years, the California Building Standards Commission reviews the ICC’s codes, undertakes a rulemaking process to amend the ICC’s model code for California-specific issues, and adopts the amended ICC model codes, which are Title 24 in the California Code of Regulations.

There are three locations in California Code of Regulations which relate to the requirement for address identification: California Building Code, California Residential Code and the California Fire Code.

The California Building Code set forth in the California Code of Regulations Title 24, Part 2, Section 502.1 reads as follows:
"502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters.

Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.”
The California Residential Code set forth in California Code of Regulations Title 24, Part 2.5, Section R319.1 reads as follows:
“SECTION R319 SITE ADDRESS
R319.1 Address identification. Buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) in height with a stroke width of not less than 0.5 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.”
The California Fire Code set forth in the California Code of Regulations Title 24, Part 9, Section 505.1 reads as follows:
“PREMISES IDENTIFICATION
505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters.

BUILDING ADDRESS
[F] 502.1 Address identification.

New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. Address identification shall be maintained.

The ability of fire, police and other emergency response personnel to identify both new and existing buildings is greatly aided by the proper placement of address identification. The size and color criteria are intended to aid visibility from the street. Where several structures are remotely located on a site or set back into a property, or at locations where multiple addresses are provided (e.g., strip malls) and the address is not readily visible from the public way, an approved method of identification will also be required, which will have characters posted in a location that will help in an emergency. The fire code official has the authority to require that address numbers be placed in all locations deemed necessary to properly identify the building by street address. The primary concern is for emergency personnel to find the building without going through a lengthy search procedure. In the case of a strip mall, identification could be provided for the backs of buildings that face alleys or roads since the emergency response unit may often be directed to the back entrance. The address numbers must be maintained in a readily visible condition to provide for continuous identification. This would include the repainting of faded numbers or the trimming of trees or other vegetation that may be obscuring visibility of the address. 2018 Notes
Code Change Details
2018 International Building Code (IBC)
[F] 502.1 Address identification.

Comprehensive background on each change including the original proposal, committee action, and final action documentation.

Serves to simplify researching the history of a new, revised or deleted code section between cycles by showing approved changes in legislative format helping the understanding, interpretation and intent of the I-Code provisions.” E. AMENDMENTS TO CALIFORNIA BUILDING CODES
Health & Safety Code Section 17958.5 provides that a city may make changes or modifications to the California Building Standards Code (Part 2.5) and other regulations which are “reasonably necessary because of local climatic, geological, or topographical conditions.”
Health & Safety Code Section 17958.7 provides that before making changes pursuant to Section 17958.5 that the City “shall make an express finding that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions. These findings must be available as a public record and submitted to the California Building Standards Commission.

In addition to the changes or modifications referenced in Health & Safety Code Section 17958.5, there is Health & Safety Code Section 18941.5 (located in Part 2.5) which reads as follows:

Section 18941.5. Amendments, additions, deletions to standards; effective date; publication date; more restrictive standards “(a)(1) Amendments, additions, and deletions to the California Building Standards Code, including, but not limited to, green building standards, adopted by a city, county, or city and county pursuant to Section 18941.5 or pursuant to Section 17958.7, 2/7/25, 1:33 PM Coversheet
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together with all applicable portions of the California Building Standards Code, shall become effective 180 days after publication of the California Building Standards Code by the commission, or at a later date after publication established by the commission. (2) The publication date established by the commission shall be no earlier than the date the California Building Standards Code is available for purchase by the public.
(b) Neither the State Building Standards Law contained in this part, nor the application of building standards contained in this section, shall limit the authority of a city, county, or city and county to establish more restrictive building standards, including, but not limited to, green building standards, reasonably necessary because of local climatic, geological, or topographical conditions.

The governing body shall make the finding required by Section 17958.7 and the other requirements imposed by Section 17958.7 shall apply to that finding. Nothing in this section shall limit the authority of fire protection districts pursuant to subdivision (a) of Section 13869.7. Further, nothing in this section shall require findings required by Section 17958.7 beyond those currently required for more restrictive building standards related to housing.” Thus, there are two Sections in the Health and Safety Code which make reference to the ability for a city to make changes or modifications to the Standard Building Code and regulations. Section 17958.7 refers to findings that the changes or modifications are “reasonably necessary because of local climatic, geological or topographical conditions.” Section 18941.5 refers to “the authority of a city, county, or city and county to establish more restrictive building standards, including, but not limited to, green building standards, reasonably necessary because of local climatic, geological, or topographical conditions.” According to the Preface to the 2022 California Building Code (California Code of Regulations, Title 24, Volume 1 of Part 2 July 2022), the California Legislature delegated authority to the various state agencies, boards, commissions and departments to create building regulations to implement the State’s statutes and these building regulations have the same force of law. The Preface also states that a city “may establish a more restrictive building standard reasonably necessary because of local climatic, geological or topographical conditions. “
An example of a city which adopted an amendment to the California Building Code is the City of Fremont which adopted Ordinance Nos. 2339 and 2344 on June 22, 1999 to require that apartment buildings of a certain size be retrofitted with automatic fire sprinklers. In the case of California Apartments Association v. City of Fremont (2002) 97 Cal. App. 4th 693, 697, the Court states:
“In enacting the fire sprinkler ordinances, the City made express findings that more stringent fire protection measures were required because of local conditions, such as the City's proximity to the active Hayward earthquake fault, the high fire hazard exposure, and certain topographic features of the City.” F. CITY MUNICIPAL CODE
Section 15.55.100 subsection (16) of the City of Carmel-by-the-Sea Municipal Code reads as follows:
“16. Section 505.1 is amended to read as follows:
505.1 Address identification. Buildings and parcels shall be identified by a description of Parcel location relative to the nearest cross-street intersection as determined by the Community Planning and Building Department. For multi-tenant buildings, unit identifiers shall be provided as follows:

1. Multi-family dwelling units (apartments, condominiums) – shall be designated using alphabetic characters (i.e. A, B, C…).

When the building contains multiple floors, the floor number shall precede the alphabetic unit designator (i.e. 1-A, 2-B, etc.)

2. Non-residential, multi-tenant buildings – individual tenant spaces shall be assigned numeric identification (i.e. 1, 2, 3, etc.) When the building contains multiple floors, the floor number shall precede the numeric unit designator and shall be separated by the number “0” (i.e. first floor units: 10x; second floor units: 20x).

3. Mixed Use buildings – Residential units shall be designated as described in 1 above. Nonresidential units shall be designated as described in 2.” (Emphasis added)
The underlined text from City Municipal Code Section 15.55.100 subsection (16) is a codification of the portion of Ordinance No. 2018-003. Pertinent pages of this 69 page Ordinance are Attachment “4” which includes the Recitals and the text of the change to Section 505.1 of the California Fire Code.

The Recitals in Ordinance No. 2018-003 include this statement at the bottom of page 1: “The Findings of Fact contained herein shall address each of these situations and shall present the local situation, which either singularly or in combination causes the established amendments to be adopted.” However, it should be noted that:
(1) None of the “Findings of Fact” appear to relate to the amendment to the California Fire Code to replace address identification as described in the Fire Code Section 505.1 with the identification by a description of Parcel location relative to the nearest cross-street intersection as determined by the Community Planning and Building Department; (2) It is not clear how the change to the California Fire Code in Ordinance No. 2018-003 is a more restrictive building standard reasonably necessary because of local climatic, geological or topographical conditions; and 2/7/25, 1:33 PM Coversheet
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(3) Ordinance No. 2018-003 is limited to a proposed amendment to the Fire Code and does not appear to amend the address identification requirements in the Building Code or the Residential Code. (See Municipal Code § 15.08.010(A) and (D) [adopting California Building and Residential Codes, unless amended by Chapter 15.04]; § 15.10.010 [adopting the 2022 California Residential Code].)
(4) Ordinance No. 2018-003 was emailed by the City to the California Building Standards Commission on October 29, 2018.

However, the California Building Standards Commission has no record of receiving Ordinance No. 2018-003. Amendments to the California Building Standards Code are not effective until they have been filed with the California Building Standards Commission.

G. DRAFT ORDINANCE
If the City Council direction is for the City to use address identification as described in the California Building Standards Code, then the City would need to adopt an ordinance to amend Section15.55.100 subsection (16) of the City of Carmel-by-the-Sea Municipal Code delete the first sentence which reads: “Address identification. Buildings and parcels shall be identified by a description of Parcel location relative to the nearest cross-street intersection as determined by the Community Planning and Building Department.” By removing this sentence from Section15.55.100 subsection (16) the City would then be governed by the provisions of the California Building Standards Code in regard to address identification.

Attachment “5” is a draft Ordinance which, if adopted, would remove the referenced sentence from the City Municipal Code regarding a description of Parcel location relative to the nearest cross-street intersection and then the address identification provisions of California Fire Code Section 505.1, and elsewhere in the California Building Standards Code, would apply to the City.

H. PUBLIC VOTE
There are three types of public votes which are noted here: Initiative, Referendum and Advisory Vote. The following is a summary of some, but not all, of the laws pertaining to initiative, referendum and advisory votes.

This summary is not intended to provide legal advice to the public. If any voter is considering pursuing an initiative or referendum, then it is recommended that the voter seek legal advice from an attorney of their choice.

1. INITIATIVE
Initiative is “the power of the electors to propose statutes and amendments to the Constitution and to adopt or reject them.” California Constitution Article II, Section 8 (a).

The statutory procedures for city initiatives are found in Sections 9200–9226 (Attachment 6) which include filing a notice of intent to circulate a petition, circulation of petition for signatures and filing the petition with the City with the required number of voter signatures.

The following are some, but not all, of the Sections in the Elections Code regarding initiatives.

Elections Code Section 9215. Petition signatures equal to 10 percent of vote; adoption of ordinance; submission to voters "If the initiative petition is signed by not less than 10 percent of the voters of the city, according to the last report of registration by the county elections official to the Secretary of State pursuant to Section 2187, effective at the time the notice specified in Section 9202 was published, or, in a city with 1,000 or less registered voters, by 25 percent of the voters or 100 voters of the city, whichever is the lesser number, the legislative body shall do one of the following:
(a) Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented.
(b) Submit the ordinance, without alteration, to the voters pursuant to Section 1405. (c) Order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the legislative body, the legislative body shall either adopt the ordinance within 10 days or order an election pursuant to subdivision (b)."
Elections Code Section 1405. County, municipal or district initiatives “(a) Except as provided in subdivision (b), the election for a county initiative that qualifies pursuant to Section 9118 shall be held at the next statewide election occurring not less than 88 days after the date of the order of election. The election for a municipal or district initiative that qualifies pursuant to Section 9215 or 9310 shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election. (b) The governing body of a county, city, or district may call a special election for the purpose of submitting an initiative measure to the voters before the date on which the initiative measure would appear on the ballot pursuant to subdivision (a). If the 2/7/25, 1:33 PM Coversheet
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governing body calls a special election pursuant to this subdivision, the election shall be held not less than 88 days nor more than 103 days after the order of the election.”
Elections Code Section 9222. Submission of proposition without petition "The legislative body of the city may submit to the voters, without a petition therefor, a proposition for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or special city election, and if the proposition submitted receives a majority of the votes cast on it at the election, the ordinance shall be repealed, amended, or enacted accordingly. A proposition may be submitted, or a special election may be called for the purpose of voting on a proposition, by ordinance or resolution. The election shall be held not less than 88 days after the date of the order of election.”

2. REFERENDUM
Referendum is “the power of the electors to approve or reject statutes or parts of statutes except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State.” California Constitution Article II, Section 9 (a).

The statutory procedures for city initiatives are found in Sections 9235 to 9247 (Attachment 7) which include circulation of petition for signatures and filing the petition with the City with the required number of voter signatures.

The following are some, but not all, of the Sections in the Elections Code regarding referendum.

Elections Code Section 9237. Petition signed by 10 percent of voters “If a petition protesting the adoption of an ordinance, and circulated by a person who meets the requirements of Section 102, is submitted to the elections official of the legislative body of the city in his or her office during normal office hours, as posted, within 30 days of the date the adopted ordinance is attested by the city clerk or secretary to the legislative body, and is signed by not less than 10 percent of the voters of the city according to the county elections official's last official report of registration to the Secretary of State, or, in a city with 1,000 or less registered voters, is signed by not less than 25 percent of the voters or 100 voters of the city, whichever is the lesser, the effective date of the ordinance shall be suspended and the legislative body shall reconsider the ordinance.”
Elections Code Section 9241. Submission to voters; time for holding election; effect of adverse vote “If the legislative body does not entirely repeal the ordinance against which the petition is filed, the legislative body shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election called for the purpose, not less than 88 days after the order of the legislative body. The ordinance shall not become effective until a majority of the voters voting on the ordinance vote in favor of it. If the legislative body repeals the ordinance or submits the ordinance to the voters, and a majority of the voters voting on the ordinance do not vote in favor of it, the ordinance shall not again be enacted by the legislative body for a period of one year after the date of its repeal by the legislative body or disapproval by the voters.” Elections Code Section 9242. Circulation time limit
“Signatures upon petitions, and sections thereof, shall be secured, and the petition, together with all sections thereof, shall be filed, within 30 days from the date of the adoption of the ordinance to which it relates. Petitions and sections thereof shall be filed with the elections official of the legislative body of the city in his or her office during normal office hours as posted. Petitions which are not filed within the time permitted by this section shall be void for all purposes.”

3. ADVISORY VOTE
Elections Code Section 9603 authorizes the City to set an election on by use of an advisory vote.

Elections Code Section 9603. Advisory elections; local legislative bodies; advisory vote; indication and description on ballot; elections in territories outside local entity's jurisdiction; conditions; consolidation with other elections "(a) Each city, county, school district, community college district, county board of education, and special district may hold, at its discretion, an advisory election on any date on which that jurisdiction is currently permitted to hold a regular or special election for the purpose of allowing voters within the jurisdiction, or a portion thereof, to voice their opinions on substantive issues, or to indicate to the local legislative body approval or disapproval of the ballot proposal. (b) An advisory vote will be indicated as a ballot heading, above the ballot proposal, and by only the following description:
“Advisory Vote Only.”
(c) As used in this section, “advisory vote” means an indication of general voter opinion regarding the ballot proposal. The results of the advisory vote will in no manner be controlling on the sponsoring legislative body. 2/7/25, 1:33 PM Coversheet
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(d) An advisory election may be held in territory outside of the jurisdiction of the local entity calling the advisory election if the ballot proposal affects the residents of the territory. The sponsoring legislative body shall determine the territory in which the advisory election shall be held. However, the conduct of an advisory election in territory outside of the jurisdiction of the local entity shall only be held if all of the following conditions are met:
(1) A regular election or special election is to be held in that territory. (2) The advisory election can be consolidated with it.
(3) The board of supervisors of the county in which the outside territory is located approves the consolidation. (e) An advisory election shall not be consolidated with an election if the ballot's capacity will be exceeded because of the addition of the advisory election."
I. LIMITATIONS ON USE OF INITIATIVE AND REFERENDUM
There are several limitations on the use of an initiative and referendum. One of those limitations is that the subject of the initiative and referendum cannot regulate matters preempted by state law.

As noted in the above-mentioned Preface to the 2022 California Building Standards Code (California Code of Regulations, Title 24, Volume 1 of Part 2 July 2022), and Health and Safety Code section 18941.5(b), a city may establish a more restrictive building standard reasonably necessary because of local climatic, geological or topographical conditions.

CMC Section 15.55.100 subsection (16) on address identification by a description of Parcel location relative to the nearest crossstreet intersection is in conflict with the address identification requirements of the California Building Code, California Residential Code and California Fire Code set forth in the California Building Standards Code.

CMC Section 15.55.100 subsection (16) on address identification by a description of Parcel location relative to the nearest crossstreet intersection is preempted by state law because CMC Section 15.55.100 subsection (16) in conflict with the California Building Code, California Residential Code and California Fire Code as set forth in the California Building Standards Code. California Constitution Article 11, Section 7 provides: “A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.” Due to the issue of preemption by state law, and the law on amendments to the California Building Standards Code, the use of either an Initiative or a referendum raises legal issues. However, the use of an advisory vote as described below under City Options would not necessarily present these same legal issues.

J. COST AND TIMING OF ELECTION ON ADVISORY VOTE BALLOT MEASURE City Clerk Nova Romero has checked with the County of Monterey for estimates on the cost of a special election on an advisory vote ballot measure. The cost for adding an advisory vote ballot measure to the ballot for a general regular election is estimated at $8000.

The cost for putting an advisory vote ballot measure on a ballot for special election is estimated to be $39,000 to $59,000.

In regard to timing for an election on an advisory vote, the next general regular election is scheduled for November 3, 2026. City Clerk Nova Romero checked with the County of Monterey and was informed that earliest date that a special election can be held for an advisory vote is March 4, 2025 if the City the City Council adopts a Resolution at the October 1, 2024 Council meeting to call for an election to be held March 4, 2025 for an advisory ballot measure and request the that the County provide the elections services.

Then, there will be enough time for the City to request the County Board of Supervisors to add to their October 22, 2024 agenda to adopt a Resolution authorizing the County to call a special election in Carmel for March 4, 2025 and provide the services for a standalone election for an advisory vote.

Elections Code Section 1500 allows for the use of a mailed ballot election. However, this option is only available if there are no more than 1,000 registered voters eligible to participate in the election. The City of Carmel has 2,472 registered voters so the mailed ballot election is not an option.

K. PUBLIC COMMENT ON THE BUILDING STANDARDS COMMISSION’S CURRENT RULEMAKING CYCLE FOR TITLE 24.

The California Building Standards Commission is currently in the rulemaking process for the 2025 version of Title 24. The State Fire Marshal, the agency responsible for reviewing and updating the address identification requirements, has not proposed any amendments to the numerical address identification requirements in the Building Code, the Residential Code, and the Fire Code.

Thus, the current address identification requirements will be carried over into the 2025 version of Title 24 unless, in response to public comments, the Fire Marshal to propose amendments to the address identification sections for the Building Standards Commissions’ final approval and adoption.

The public comment period for Parts 2, 2.5, and 9 begins on September 6, 2024 and ends on October 24, 2024. There is no requirement that the Building Standards Commission or the Fire Marshal take any action (or even respond to) any public comments. 2/7/25, 1:33 PM Coversheet
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Additional information regarding the method and manner of submitting public comment will be found at the following link on September 6, 2024 when the public comment period opens: .

L. CITY OPTIONS
Based upon the discussion above, the City options include the following:

1. Ordinance.

Direct the City Administrator to return to the City Council with an Ordinance for a First Reading (Introduction) that would delete the first sentence in CMC Section 15.55.100 (16). This would mean that the City would be required to comply with the address identification requirements of the California Fire Code and other State Codes. A copy of a Draft Ordinance to delete the first sentence in CMC Section 15.55.100 (16) is Attachment “5”.

If the City Council gives direction to return to the Council with an ordinance to delete the first sentence in CMC Section 15.55.100 (16), then the Staff Report at that time will provide a discussion in regard to the California Environmental Quality Act.

2. Initiative Petition.

There could be an initiative petition by the voters who are opposed to the California Fire Code address identification requirements that would present an ordinance to the City Council for consideration. However, it is not clear how such an ordinance would read since the current CMC Section 15.55.100 (16) already amends the California Fire Code. Further, as noted, there is the issue of state preemption that would raise legal issues with such an initiative.

3. Referendum.

If the City Council votes to approve the Draft Ordinance, then voters could seek to challenge that Ordinance by a Referendum Petition. However, as with an Initiative, there is the issue of state preemption that would raise legal issues regarding a referendum petition.

4. Advisory Ballot Measure
As mentioned, Election Code Section 9603 allows for an advisory vote to obtain an indication of general voter opinion regarding the ballot proposal. A possible ballot proposal could read something like or following or whatever other wording the City Council may choose:

Should the City Council of the City of Carmel-by-the-Sea adopt an Ordinance for address identification as described in the California Fire Code?
The vote on an advisory measure is not binding on the City Council. The advisory measure could be placed on the ballot by a Resolution adopted by the City Council and would include the opportunity for arguments for and against the ballot measure to be submitted. The following could be the next steps in this process:
(1) Yes. If a majority vote on the ballot proposal is yes, then the City Council can then adopt an Ordinance (such as the Draft Ordinance) for address identification as required in the California Fire Code and other State Building Codes. (2) No. If the majority vote on the ballot proposal is no, then there could be submitted to the City’s State Assembly Member and/or State Senator a request to sponsor legislation to provide an exception for the City of Carmel-by-the-Sea in regard to the address identification requirements in the California Building Standards Code and to allow buildings and parcels to be identified by a description of Parcel location relative to the nearest cross-street intersection. (a) Approved. If the Legislature amends State law to exempt Carmel-by-the-Sea from the address identification requirement within the California Building Standards Code , then the City would be in compliance with California law by the provisions of the current language in CMC Section 15.55.100 (16). (b) Not Approved. If the state legislature does not change State law to exempt the City from the address requirement in the California Building Standards Code, then the City Council can consider at that time the Draft Ordinance for address identification as described in the California Fire Code.

Note: There is a procedure to request an amendment to the California Building Standards Code from the California Building Commission. However, one of the requirements is that the amendment be based on a statewide concern. See Attachment “8” for Petition to the California Building Standards Commission (DGS BSC-30).

5. Other Action.
2/7/25, 1:33 PM Coversheet
https://carmel.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=6651&MeetingID=1564 9/10 Attachment 1
The City Council can provide other direction to the City Administrator regarding the subject of street addresses.

FISCAL IMPACT:

None at this point.

PRIOR CITY COUNCIL ACTION:

On October 4, 2022, Council gave direction to staff to continue to do research on the topic and confirm if implementing a street address system will require mail delivery service.

On November 7, 2023, Council received a presentation on staff’s research and the Ad Hoc Committee for street address exploration was formed.

On July 9, 2024 Council directed staff to return with an implementation plan and community engagement plan no later than September 2024.

ATTACHMENTS:

Attachment 1) USPS Letter to the City (Confirmation that delivery to PO Boxes will continute to be the delivery method) Attachment 2) Draft Implementation Plan
Attachment 3) Draft Community Engagement Plan
Attachment 4) Ordinance No. 2018-003 Excerpts
Attachment 5) Draft Ordinance
Attachment 6) Elections Code Sections 9200 to 9226 regarding Initiative Attachment 7) Elections Code Sections 9235 to 9247 regarding Referendum Attachment 8) Petition to the California Building Standards Commission (DGS BSC-30) 2/7/25, 1:33 PM Coversheet
https://carmel.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=6651&MeetingID=1564 10/10 Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
April 1, 2025

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Emily Garay, Administrative Analyst
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Receive Staff presentation regarding street addresses; the presentation will include an overview of a draft street address system implementation plan and a draft community engagement plan, a legal analysis by the City Attorney regarding street identification and City Options, and estimated costs and timelines for elections (ballot measure); Discussion item only and no action by City Council is proposed at this meeting.

RECOMMENDATION:

BACKGROUND/SUMMARY:

A Staff Report was submitted to the City Council on September 10, 2024 regarding street address identification with 8 Attachments.

The September 10, 2024 Staff Report and the 8 Attachments is Attachment A to this Staff Report. The Minutes for the September 10, 2024 Council meeting are Attachment B to this Staff Report.

At the meeting on September 10, 2024, staff was requested to begin the presentation by outlining the City’s options for holding a public vote before discussing implementation and public engagement. City Attorney Brian Pierik summarized the options outlined in the Staff Report of September 10, 2024 which included the following:

1. Council could direct the City Administrator to return to the City Council with an Ordinance for a First Reading (Introduction) regarding implementation of address identification. A copy of a Draft Ordinance was attachment 5 to the Staff Report.

2. Initiative Petition by the Voters – City Code already provides for directional addresses.

3. Referendum by Voters if the City adopted an Ordinance to implement street addresses

4. Advisory Ballot Measure – Suggested language: Should the City Council of the City of Carmel-by-the-Sea adopt an Ordinance for address identification as described in the California Fire Code? On September 10, 2024, after public comments and Council discussion, the City Council approved a Motion to hold a public vote on street addresses in November 2025, with the type of vote to be determined, and hold more special council meetings for additional public input.

On February 27, 2025, at the City Council Strategic Priorities Workshop (Special Meeting), the City Council requested that staff return at a future date with a presentation on street addresses. The request to staff included a presentation consisting of a proposed street address system implementation plan, proposed community engagement plan, vote options, and estimated timeline and costs of a standalone election and consolidated (county/statewide) election.

On April 1, 2025, this will be an information item and will include a Staff presentation for a draft street address system implementation plan and a draft community engagement plan, the City Attorney will provide a legal analysis regarding street identification and City Options, and staff will provide an estimated timeline and costs of elections for a ballot measure (Attachment C); This will be a discussion item only and no action by City Council is proposed at this meeting.

FISCAL IMPACT:

No direct fiscal impact for this action. FIS
PRIOR CITY COUNCIL ACTION:

Attachment 2
September 10, 2024: The City Council approved a Motion to hold a public vote on street addresses in November 2025, with the type of vote to be determined, and hold more special council meeting for additional public input..

February 27, 2025: City Council Strategic Priorities Workshop (Special Meeting), the City Council requested that staff return at a future date with a presentation on street addresses.

ATTACHMENTS:

Attachment A - Staff Report and Attachments for City Council meeting on September 10, 2024 Attachment B - Minutes for City Council meeting September 10, 2024 Attachment C - Estimated Elections Costs for a Ballot Measure Attachment 2
Estimated Election Costs and Timelines for Ballot Measure Timelines for an Election
Table 1 shows the timing requirements for a November 2025 Special Election and Table 2 shows the timing requirements for a November 2026 General Election. 2025 Special Election
The deadlines for a Special Election in an odd-numbered year are determined by California Elections Code section 9222. For a Special Election, the City would contract with the Monterey County Elections Office to conduct the election.

Table 1 - November 2025 Special Election
August 6, 2025 City adopts a Resolution calling for a special municipal election on November 4, 2025, for a street address ballot measure, requests that the Monterey County Elections Office conduct the election.

The Resolution would contain the ballot measure language for the voters.

August 7, 2025 The Resolution is sent to the Monterey County Elections Office and County Board of Supervisors for approval.

The election will be scheduled for 88-103 days from August 6th.

October 2025 The County will mail out ballots to Carmel-by-the-Sea registered voters.

November 4, 2025 Election day
December 4, 2025 Election results certified by the County Table 2 – November 2026 General Election (estimated dates) June 2, 2026 Adopt a Resolution calling for a general municipal election for Mayor, Councilmembers, and ballot measure, and requesting consolidation with the County.

August 9, 2026 Last date to withdraw a ballot measure.

October 2026 County will mail out ballots.

November 3, 2026 Election day
December 3, 2026 Election results certified by the County Attachment 3
Estimated Costs for Elections – County of Monterey Elections Office
November 2025 Special Election Cost
The County of Monterey Elections office estimated the cost of a standalone election in an odd numbered year would be $16.00-$24 .00 per registered voter. Carmel-by-the-Sea has approximately 2,500 registered voters, bringing the estimated cost to hold an election in 2025 to the range of $40,000 - $60,000.

November 2026 General Election Cost
When the City holds a general election consolidated with a county/statewide election, during an even numbered year without a ballot measure (Mayor and City Council election only), the estimated cost is $4.00-$6.00 per registered voter with a total cost in the range of $10,000 - $15,000. Adding a ballot measure to the 2026 election is estimated to be an additional $8,000 - $ 10,000.

Attachment 3

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 5, 2025

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Marnie R. Waffle, AICP, Principal Planner APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Receive a report and provide direction to staff on the allocation of 14-acre feet of water received by the Monterey Peninsula Water Management District (Estimated time - 45 min)
RECOMMENDATION:

Staff recommends the City Council:

1. Find that staff’s presentation on water allocation is not a project under CEQA as defined in Public Resources Code Section 21065 and CEQA Guidelines Section 15378; and

2. Receive a report and provide direction to staff on the allocation of 14-acre feet of water received by the Monterey Peninsula Water Management District.

BACKGROUND/SUMMARY:

Executive Summary:

On January 27, 2025, the Monterey Peninsula Water Management District (MPWMD) adopted Ordinance No. 197 allocating an additional 14-acre feet of water to the City of Carmel-by-the-Sea. According to the City’s water management program (Carmel-by-the-Sea Municipal Code Chapter 17.50), this allocation has been placed administratively in unallocated reserves until the City Council adopts a resolution allocating the water to a specific use category (e.g., residential, commercial, municipal, etc.).

Background:

The City’s water management program was adopted in 1987 by Ordinance 87-14 (Attachment 1) and amended in 1993 by Ordinance 93-11 (Attachment 2). The program is codified in Carmel-by-the-Sea Municipal Code (CMC) Chapter 17.50 (Attachment 3) and identifies the process for dedicating the city’s limited water resources to new development. The program also establishes a process for determining the land use categories to be served through allocations of water made available to the city.

The process begins with the City Council adopting a resolution that documents the quantity of water available, the land use categories that will receive water, the amount of water allocated to each category, and the amount that will remain in an unallocated reserve. Before adopting the Resolution, the City Council must consider the Planning Commission’s recommendations on the distribution of water to implement the General Plan and the Local Coastal Program.

The current water management program requires that the allocation resolution reserve at least 10 percent of available water resources for projects that will create new affordable housing units for “moderately low-, lowor very low-income households.” The allocation resolution must also ensure that water is reserved for anticipated projects serving coastal recreation, access, and essential public services. 2025 Allocation of Water from the Monterey Peninsula Water Management District On January 27, 2025, the Monterey Peninsula Water Management District (MPWMD) adopted Ordinance No. 197 (Attachment 4), identifying a total water allocation for the City of Carmel of 16.479 acre-feet. This includes an existing allocation of 2.479 acre-feet of water as of 11/30/2024, plus a new allocation of 14 acre-feet associated with the Pure Water Monterey Expansion project. The Ordinance took effect on March 1, 2025.

The MPWMD publishes a Monthly Allocation Report for each jurisdiction within its service area. For March 2025 (Attachment 5), the City of Carmel was reported to have 2.661 acre-feet of water, plus the recently allocated 14 acre-feet, for a total allocation of 16.661 acre-feet of water. The 2.661-acre feet of water more closely aligns with the city’s records than the 2.479-acre feet reflected in Resolution 197.

CMC Chapter 17.50, Water Management Program, Subsection 17.50.030.C, Unallocated Reserves, states that if new water resources become available to the city through action by the MPWMD, they shall be placed in unallocated reserves administratively until distributed to other categories through the adoption of a new allocation resolution. The most recent allocation resolution that city staff could locate was City Council Resolution 2013-43 on August 6, 2013 (Attachment 6). At that time, the following categories, along with their respective water allocations, were as follows:
2013 Water Allocation Balances per Resolution 2013-43
Category #1 Low & Very Low-Income Housing 0.507 af
Category #2 Single Family Residential 0.000 af
Category #3 Multi-Family Residential 0.000 af
Category #4 Commercial 0.684 af
Category #5 Municipal 0.224 af
Category #6 Unallocated Reserve 1.690 af
Category #7 Mallery/Pescadero Water Transfer
Reserve

0.106 af
Category #8 Not Defined 0.000 af
Category #9 Forest Cottages Pre-Commitment 0.109 af
Total Water Allocation 3.320 af
Following the adoption of City Council Resolution 2013-43, the balance of the Category #4 Commercial water allocation was transferred to the Carmel Event Center, now the 7th & Dolores Steakhouse. The Category #9 Forest Cottages Pre-Commitment water allocation was transferred back to Category #1 Low & Very Low-Income Housing because the project did not commence construction by February 13, 2014.

As a result of these changes, plus the recent allocation of 14 acre-feet, the current balances for each category are as follows:

Water Allocation Balances post-Resolution 2013-43
Category #1 Low & Very Low-Income Housing 0.616 af
Category #2 Single Family Residential 0.000 af
Category #3 Multi-Family Residential 0.000 af
Category #4 Commercial 0.000 af
Category #5 Municipal 0.224 af
Category #6 Unallocated Reserve 15.690 af
Category #7 Mallery/Pescadero Water Transfer
Reserve

0.106 af
Category #8 Not Defined 0.000 af
Category #9 Forest Cottages Pre-Commitment 0.000 af
Total Water Allocation 16.636 af
Local Coastal Program/General Plan
The adopted Local Coastal Program and General Plan set forth the policies for managing water resources and the CMC is the instrument through which those policies are implemented. Below is a brief discussion of the applicable water resource policies.

Land Use & Community Character Element (Excerpt from Water Resources Narrative) “The City's share of District water resources is internally allocated to land use categories based on policies in the Local Coastal Program and secondarily in the Conservation, Land Use, and Housing Elements of the General Plan. These policies affirm the City's commitment to lots of record, and residential use (new homes, apartments, and remodeling) as the largest allocation for new development. In particular, existing subdivided lots of record zoned for housing should always be considered ‘first in line’ for limited water resources. New subdivisions of land should be limited until existing subdivided lots have a secure water supply to serve full build-out and additional water allocation units have been obtained from the District.

As documented above, visitor serving uses throughout the City have been well accommodated with prior water allocations to achieve consistency with the Coastal Act.

Augmenting scarce water supplies to serve planned growth continues to be a City policy. (LUP)”
Goal G1-6: Protect, conserve, and increase Carmel’s available water resources and water quality. (LUP)
Objective O1-19: Maintain and enhance a viable domestic water supply for the City through conservation techniques and direct involvement in regional water policies, including cooperation with Monterey Peninsula Water Management District (MPWMD) and the California-American Water Company. (LUP)
Policy P1-116: Where existing public services, including water, can accommodate only a limited amount of new development, priority uses, including essential public services, public recreation, commercial recreation, and visitor-serving land uses, shall not be precluded by services to other development. (LUP)
Objective O1-20: Maintain an effective program to monitor water use in the City and to ensure the availability of water to fulfill the goals of the General Plan. (LUP) P1-123 Applications for new development shall demonstrate an adequate public (i.e. publicly- managed) water supply (e.g. the CalAm/MPWMD system or their successor agencies) to support the proposed development. Private water supplies are prohibited to serve existing and new development.

Applications for new development shall not be filed without a City determination that (1) no new water is required to serve the new development; or (2) there is water available in the City’s allocation from the regional supply to support the new development. This determination shall include an evaluation of the proposed development’s water demand, based on MPWMD’s water unit value system (or equivalent regional system in effect at the time of the determination). All water transfers and corresponding retirements, if any, shall be described and agreed to prior to any City determination.

Prior to the commencement of construction of new development, evidence of water service, in the form of a water use permit from the Monterey Peninsula Water Management District (or successor agency), shall be provided to the City Planning Department. (LUP) P1-124 Establish priorities for ongoing water use in the event that further reduction of water consumption is required (e.g. during droughts or State-ordered cutbacks). (LUP) General Plan, Housing Element
The City Council adopted the 6th cycle Housing Element in April 2024. The Housing Element is just one component of the General Plan and includes policies and programs that identify how the city will accommodate its regional share of housing needs (349 new housing units) by 2031.

Goal H1: Facilitate Housing Construction
Policy 1.1: Ensure adequate sites are available to meet the City’s projected housing growth needs Program 1.2.A: Water Distribution Prioritization for Affordable Housing Work cooperatively with MPWMD to establish a procedure to prioritize water allocation for housing developments that include affordable units for lower-income households (December 2026). From its own modest water allocation of approximately 1.6-acre feet, the City will grant water allocation priority to those projects that assist the City in meeting its share of the regional housing need for lower- and moderate-income households. A city policy to clearly reflect water allocation priority and incentives for Extremely Low, Very Low, Low, and Moderate-Income households will be adopted (December 2026). Timeframe: Adopt policy by June 2025.

In a memo dated June 1, 2023, the MPWMD estimated that the City of Carmel-by-the-Sea would need 40- acre-feet of water to accommodate 349 new housing units based on various income categories and assumed unit sizes (Attachment 7). Based on these estimates, 14-acre feet of water would accommodate approximately 121 housing units.

The MPWMD is responsible for allocating water to municipalities. However, it is up to individual municipalities to determine how that water is used. Pursuant to the ordinance that was passed by the MPWMD Board of Directors, the sale of water by a jurisdiction is not allowed.

MPWMD Rule 33, Subsection D. Cost of Allocation specifically states, There shall be no sale of water from an Allocation by a Jurisdiction.

Staff also notes that the moratorium on setting new Calam water meters imposed by the State Water Resources Control Board remains in effect.

City staff is seeking direction from the City Council on how to proceed with allocating the recent 14-acre feet of water that has been placed administratively in the Unallocated Reserve category.

Options for the City Council’s consideration include:

Option 1: Choose to keep the 14-acre feet in Unallocated Reserves for the time being.

A. To remain in compliance with the water management program, the City Council could consider allocating at least 10 percent of the new allocation of 14-acre feet (1.4-acre feet) to affordable housing. If the City Council chooses to do so, staff will return at a future meeting with a resolution transferring 1.4-acre feet from the unallocated reserve to Category #1 Low and Very Low-Income Housing.

B. Alternatively, the City Council could take a more conservative approach and consider that Category #1 Low and Very Low-Income Housing has an existing balance of 0.616-acre feet of water and transfer 1.0476-acre feet to maintain the minimum required 10 percent of the total balance (16.636- acre feet).

Math (acre-feet = AF):

16.636 AF total x 10% = 1.6636 AF reserved for affordable housing

1.6636 AF - 0.616 AF existing balance of affordable housing = 1.0476 AF

1.0476 AF amount needed to reach 10%
Ref: CMC Section 17.50.030.B: Each allocation resolution shall reserve at least 10 percent of available water resources for projects that will create new affordable housing units for moderately low-, low- or very low-income households.

Option 2: Direct Staff to agendize a discussion with the Planning Commission on how the 14-acre feet should be allocated based on the Local Coastal Plan and General Plan and return with their recommendation.

Post Allocation Process (CMC Section 17.50.040)
One of the duties and powers of the Community Planning and Building Director is to administer the water management program (CMC Section 17.52.030.H). When a development application is submitted, it is evaluated to determine whether it will result in a net increase in water usage. If so, and no water is available, the application cannot be processed and is returned to the applicant. If there would be no net increase in water usage, the application is processed in accordance with the CMC. The only exception is projects including affordable housing which would be processed and placed on a waiting list until such time that water resources become available. There are no such projects currently on a waiting list.

If the City Council were to allocate new water resources to categories other than affordable housing, the Community Planning and Building Department would accept an application requiring additional water resources and once deemed complete, temporarily assign a pre-commitment of water while the application completes the review process. If the project is denied or abandoned, the pre-commitment would be returned to the original allocation category. If the application is approved, the water would be permanently allocated upon issuance of a water permit by MPWMD and a building permit by the City.

It is the responsibility of the Community Planning and Building Department to maintain a record of the remaining balance of water in each allocation category and for the Planning Commission to review the water management plan annually.

The MPWMD provides forms for the calculation of water usage for residential and non-residential projects (Attachment 8). These forms are completed by applicants and reviewed by the Community Planning and Building Department before being submitted to MPWMD for processing and ultimate issuance of a water permit.

FISCAL IMPACT:

None.

PRIOR CITY COUNCIL ACTION:

Adoption of City Council Resolution 2013-43 on August 6, 2013.

ATTACHMENTS:

Attachment 1) City Council Ordinance 87-14
Attachment 2) City Council Ordinance 93-11
Attachment 3) CMC Chapter 17.50, Water Management Program Attachment 4) MPWMD Ordinance 197
Attachment 5) MPWMD Water Report, March 2025
Attachment 6) City Council Resolution 2013-43
Attachment 7) MPWMD 06.01.23 Memo
Attachment 8) Water Forms

CITY COUNCIL

CITY OF CARMEL-BY-THE-SEA
ORDINANCE 87-14

AN ORDINANCE ESTABLISHING A WATER MANAGEMENT PLAN

FOR THE PROTECTION OF WATER SUPPLIES FOR EXISTING USES,

CONSERVATION, AND THE DISTRIBUTION OF WATER RESOURCES

TO NEW DEVELOPMENT
WHEREAS, the Monterey Peninsula Water Management District has adopted a long term water allocation plan which limits the water resources available to the City of Carmel-by-the-Sea to

5.542% of the amount chosen by the Water Management District to be used by the jurisdictions within its boundaries: and WHEREAS, this allocation creates a total supply of 1030.94 acre feet of water per year for Carmel-by-the-Sea: and
WHEREAS, the City of Carmel-by-the-Sea has asked in past years for an adjustment in the water allocation and is currently asking for an adjustment in the water allocation: and
WHEREAS, the use of water within the City has been steadily increasing since the drought of 1975 through 1977, and for the most recent twelve-month period the City consumed more than 98% of its total water allocation: and
WHEREAS, the City Council has identified several classes of interests within the City that compete for available water resources, including vacant lots of record, pending projects with one or more approvals, developed property capable of additional development, and the intensification of land uses within existing buildings: and
WHEREAS, water conservation can reduce current levels of consumption and thereby provide water for the development of vacant lots of record, pending projects and some limited new development: and
WHEREAS, water conservation can also provide water to
establish a reserve which can buffer the City from annual fluctuations in consumption patterns caused by weather, economic conditions and demographic changes: and
WHEREAS, the use of water for new development must be
managed through a coordinated program that equitably protects at least some development potential for all properties while remaining consistent with the City's General Plan and Local Coastal Plan: and
Attachment 1
Water Ordinance 87-14

Page 2 ends

WHEREAS, the City has the responsibility under the
Constitution and Statutes of the State of California to plan and guide its own development in a manner that reflects local conditions, yet is sensitive to the regional impacts of local actions: and
WHEREAS, the City recognizes the unique, regional
responsibilities of the Monterey Peninsula Water Management District but finds that the management of the City's water resources can best be attained through local actions that are fully consistent with local planning goals, objectives, policies and ordinances and which do not result in the suspension of local autonomy in land use matters.

NOW, THEREFORE, The City Council of the City of Carmel-bythe-Sea does ordain as follows:

Section One. The following sections of Title 17 are hereby replaced in their entirety:

17.08.030 Irrigation and landscape standards for new
projects. (Ordinance 84-2)

17.08.040 Commercial zones - Outdoor water use limitations. (Ordinance 84-2)

17.08.050 Restrictions on intensification of water use in all zones. (Ordinance 84-2, Ordinance 85-1).

17.08.060 Allocation of potable water resources.
(Ordinance 85-1, Ordinance 86-12)

17.08.070 Retrofitting of commercial property. (Ord. 84-2)

17.08.080 Reserve established. (Ordinances 86-12, 86-14, 86-20 and 86-22)
Section Two. The following sections attached as Exhibit A are hereby added to Title 17 of the Municipal Code:

17.08.030 Water Management Program - Purpose

17.08.040 Water Conservation

17.08.050 The Water Reserve

17.08.060 Land Use

17.08.070 Acceptance of Applications and Permit Processing Attachment 1
Water Ordinance 87-14

Page 3 ends

Section Three. Section 15.28.020 is amended as set forth in Exhibit B.

Section Four. The following section shall be added to Chapter

17.08 of the Municipal Code.

17.08.15 Demolition or Relocation of Structures.

The demolition or relocation of any structure used for
residential or commercial purposes shall require review and approval by the Planning Commission prior to issuance of a building permit authorizing such demolition or relocation.

No demolition or relocation of any structure encumbering the lot lines or land area of any portion of any parcel composed of two or more legal lots of record shall be approved if such action would result in a net increase in the number of building sites or new vacant lots with increased access to water resources pursuant to sections 17.08.040(0) and 17.08.070(B).

Section 5.40.085 of the Municipal Code shall be amended to read as follows:

No new roominghouse permit shall be issued for any residence until all plumbing fixtures on the property meet the
standards for water conservation established in Section 15.28.020 A ( 1 ) and ( 2 ) .

The following code references shall be changed as noted:

References to sections "17.08.050" and "17.08.060" in Section

17.18.180 (C) shall be changed to "17.08.060" and "17.08.070" respectivly.

References to section 11 17.08.06011 appearing in sections

17.24.070(A)(2) and 17.24.075 (A)(2)(c) shall be changed to " 1 7 . 08 . 06 O and 1 7 . 08 . 07 O" •
Section Five. VIOLATIONS. Any person, firm or corporation, whether acting as pr1nc1pal or agent, employee or otherwise violating or causing or permitting the violation of the provisions of this ordinance, is guilty of an infraction. Any building erected or any use established contrary to the provisions of this ordinance is hereby declared to be unlawful and a public nuisance, and the City Attorney shall, upon order of the City Council, immediately commence action for the abatement or removal thereof.

Attachment 1
Water Ordinance 87-14

Page 4 ends

Section Six. SEVERABILITY. If any part of this ordinance is found to be unenforceable, such finding shall not affect the enforceability of any other part.

Section Seven. EFFECTIVE DATE. This ordinance shall become effective thirty (30) days after its final passage and adoption.

Upon the effective date of this ordinance, City Council Resolution 87-27 shall cease to be effective and shall be superceeded by the terms of this ordinance.

PASSED AND ADOPTED by the City Council of the City of
Carmel-by-the-Sea this eighteenth day of May 1987, by the following roll call vote:

AYES:

NOES:

ABSENT:

ATTEST: •
COUNCIL MEMBERS: Fisher, Evans, Wright and Laiolo
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Eastwood

SIGNED,
Elinor Volo, Mayor Pro Tempore
City of ·carmel-by-the-Sea
Attachment 1
Water Ordinance 87-14

Page 5 ends

V The City of Carmel-by-the-Sea recognizes a need to conserve and manage its water resources to achieve adopted land use planning objectives while preserving sufficient water for existing development within the City. The water resources of the City are presently derived from a water allocation system implemented by the lobnterey Peninsula Water Management District. It is the purpose and intent of this ordinance to establish a water management program that:

1. Reduces unnecessary consumption in existing and new development;

2. Provides direction for the use of the City's limited water resources in new development;

3. Equitably protects the potential for at least some development and improvement of all private property in spite of limited water resources;

4. Reserves a supply of water to buffer the City from uncontrollable fluctuations in consumption from year to year; and

5. Establishes broad land use objectives for the use and allocation of existing and future water resources available to the City.

17.08.040 WATER CONSERVATION
Water conservation is an integral part of the City's water management program. Water resources available to the City are limited. Water conservation can increase the effective supply.

Water conservation in new development can reduce the demand from each project and thereby increase the number of projects that can be served with available resources. It is the intent of this section to establish uniform standards for water conservation and to provide guidance on the manner in which conserved water is to be used within the City's total water management program.

A. Uniform Standards for Plumbing Fixtures
The use of water conserving plumbing fixtures shall be
required for all new construction. All existing plumbing fixtures within any building that do not comply with the adopted standards for water conservation shall be replaced with complying fixtures upon issuance of any building permit authorizing substantial construction. Standards for water conserving Attachment 1
Water Ordinance 87-14

Page 6 ends

plumbing fixtures and the criteria for when such fixtures are required are established in Chapter 15.28 of the Municipal Code.

B. Landscaping Standards
It is recognized that the irrigation of plants used in landscaping can consume large quantities of water. Proper design of irrigation systems and proper selection of plant species can significantly reduce water consumption while achieving a more natural appearance in community design through the use of native plants and plants habituated to the central coast.

The following standards are intended to achieve these objectives while facilitating the improvement of landscaped areas throughout the City.

1. All plants within landscaped areas on any public right of way off private property shall be drought tolerant and
low water use species as determined by the City Forester.

2. All private projects in all Commercial and R-4 land use districts that involve additions or new buildings shall require the review and approval of a landscape and irrigation plan by the Planning Commission. Standards (a) (b) and (c) below shall be used in evaluating and
approving such plans.

3. The installation of permanent irrigation systems, designed to conserve water, is encouraged throughout the R-1
District. Irrigation systems in the R-1 District should comply with standards (a) and (c) below.

4. Standards.
a. Privately installed irrigation systems shall not be
authorized within any public right of way adjacent
to private property.
b. At least 75% of the landscaped area of all open space on project sites in the Commercial and R-4 Districts
shall be planted with drought tolerent and low water
use species as determined by the City Forester.
c. Irrigation systems shall be designed to minimize the use of water. Low-output sprinkler heads and drip
systems shall be required for systems installed on
commercial or R-4 property and shall be encouraged
on R-1 property.

Attachment 1
\....,,
Water Ordinance 87-14

Page 7 ends

C. Water Waste
The waste of potable water resources is hereby declared to be a public nuisance. The unnecessary use of water for purposes that can be achieved by alternate means should be eliminated.

1. The use of hoses or other free-flowing water conveyances for the washing of sidewalks, decks, cars, walls or other large exterior surfaces is prohibited in all Commercial and R-4 Districts. Exceptions to this prohibition may be granted by the City Council when required for the
protection of health or safety.

2. The use of sprinkler systems, hoses or irrigation equipment in such a manner as to repeatedly overwater landscaped areas or excessively waste water in the cleaning of paved surfaces with a result of ponding or copious runoff is prohibited in all land use districts.

D. Use of Conserved Water
Until significant additional water resources become available, the conservation of water must be a community-wide effort. It is the intent of the City's water management program to preserve the water conserved through changes in land use and through the implementation of conservation measures so that this water may be used for the fulfillment of long range planning objectives.

As a first priority, conserved water shall be used to contribute to the creation of a water reserve, per Section 17.08.050 and to serve the needs of existing vacant lots of record. As a second priority, conserved water shall be used to serve the needs of underutilized property or property for which long range Specific Plans have been approved. As a third priority, water conserved may be used for increased development or increased land use intensity on the specific property where the conservation has occurred. It shall be the responsibility of the Planning Commission and the Department of Community Planning and Building to ensure that these priorities are implemented through appropriate land use decision-making.

Attachment 1
'V
Water Ordinance 87-14
Pa~e 8 •

17.08.050 THE WATER RESERVE
The City shall establish and maintain a water reserve of 5% of its water allocation. It is the purpose of this reserve to absorb periodic fluctuations in water use and thereby assure that the City will not exceed its water allocation. It is intended that this reserve be attained by means of conservation programs that permanently reduce water use on existing developed sites through the installation of water conserving hardware and through changes in land use that result in reduced water consumption.

A. Schedule
The following table of water reserve goals establishes a schedule by which the 5% water reserve is expected to be achieved:

Water Reserve Goals
Conservation Water Reserve Total allowable
Date Increment Total Consumption
July 1, 1986 1% 1% 99%
July 1, 1987 1% 2% 98%
July 1, 1988 1% 3% 97%
July 1, 1989 1% 4% 96%
July 1, 1990 1% 5% 95%
B. Calculation of Running Twelve-Month Water Consumption Compliance with the Water Reserve Goals established in Subsection (A) shall be determined on a monthly basis and shall be based on the water consumption records provided to the City by the California-American Water Company. Upon receipt of each month's report of metered sales, a calculation shall be made by adding the total metered consumption for each of the immediately preceding eleven months to the consumption reported for the most recent month.
c. Compliance
At the end of any period wherein the twelve-month water consumption total calculated in Subsection (B) has, for two consecutive months, remained below the total allowable consumption established for the applicable fiscal year the Attachment 1
Water Ordinance 87-14

Page 9 ends

City shall have achieved compliance with the reserve goal for that year established by this ordinance.

D. Effect of Compliance
Upon establishing or re-establishing compliance with the full 5% water reserve goal established in Subsections (A) and (C) above, final permits for projects defined in Section 17.08.060 (B) may be released through the procedure in Section 17 . 08.070 (D). It shall be the responsibility of the Planning
Commission and the Department of Community Planning and Building to assure that the projected cumulative water use impact of all final permits released do not result in the loss of compliance with the full 5% water reserve.

E. New Water Resources
Any circumstance resulting in a permanent increase in water resources available to the City shall first be used to achieve the full 5% water reserve goal established in this section.

Any additional water resources remaining from such increase shall then be made available for the implementation of
projects consistent with Sections 17.08.040(0) and
1 7. 08 . 07 0 ( D) •

17.08.060 LAND USE
It is recognized that the potential for land use changes within existing buildings and through the construction of new buildings presently exceeds the capacity of water resources available to the City. The purpose of this section is to establish procedures for reviewing proposed changes in land use and to reserve limited water resources for vacant or underutilized property.

A. No change in land use shall be permitted through any permit or license that could result in a net increase in water consumption unless such change has been approved in accordance with all applicable provisions of this section and Sections 17.08 . 050 and 17.08.070.

Attachment 1
Water Ordinance 87-14

Page 10 ends

B. The following projects, actions or construction activities shall be considered changes in land use that could result in a net increase in water consumption pursuant to
Subsection (A) above and Section 17.08.070(A):

1. Any permit or activity authorizing or resulting in
an increase in net leaseable floor area in any commercial structure.

2. Any permit or construction authorizing or resulting
in a net increase in the number of dwelling units in
any Land Use District.

3. Changes in use resulting in a net increase in estimated water demand.

4. Any permit or construction authorizing or resulting
in a net increase in the number of separate commercial spaces within any commercial structure or the number of motel rooms available for occupancy.

5. Subdivisions or lot line adjustments resulting in a
net increase in potential lots of record, building
sites or dwelling units.

6. Any change in land use that has been determined by
the Planning Commission to use additional water
resources. Such determinations must be documented
by evidence in the public record.
c. The following projects, actions and construction activities have been determined not to result in an increase in water use pursuant to Subsection (A) above and Section 17.08.070:

1. Additions and alterations to single family residential construction on existing developed building sites when involving no increase in the number of
interior plumbing fixture units on the property.

Projects qualifying under this provision must meet
all criteria listed in Subsection (D) herein below.

2. Commercial design approvals, commercial use permit
approvals and building permits authorizing alterations, remodeling or other improvements to existing buildings. No action qualifying under this provision
shall include any increase in (a) floor area, (b) the
number of commercial shop spaces or motel units,
(c) the number of dwelling units or (d) land use
intensity. Measures of land use intensity shall
Attachment 1
Water Ordinance 87-14

Page 11 ends

include, but shall not be limited to, increased numbers employees within a shop space, increased hours "-' of operation, and increased business activity wherein employees or patrons could be expected to use additional water. Projects qualifying under this provision must meet all criteria listed in Subsection (D) herein below.

3. Commercial use permits and business licenses authorizing a change in the occupancy of an existing commercial building by a business use when involving no increase in land use intensity as defined above.

4. Lot line adjustments not resulting in the creation
of additional lots or building sites.

D. Criteria and Standards
The following standards shall apply to all projects defined in Subsections C(l) and C(2) above:

1. All plumbing fixtures on the property must be retrofitted to meet the standards established in Chapter 15.28. The water savings achieved by retrofitting existing plumbing fixtures to meet these standards may be applied to the
authorization of new plumbing fixtures or "fixture units" on the property.

2. "Fixture units" shall be those defined and adopted by the Monterey Peninsula Water Management District for residential fixture unit counts.

3. Trade-offs of fixture units between properties are not authorized. All fixture unit trades must occur on the
same building site for which the exemption is sought.

17. 08. 070 ACCEPTANCE OF APPLICATIONS AND PERMIT PROCESSING A. Phased Processing of Projects
The following phases and procedures shall be implemented in the acceptance and processing of applications. Any application accepted in violation of these provisions shall be returned to the applicant or denied. All applications for Attachment 1
Water Ordinance 87-14

Page 12 ends

any project defined in section 17.08.060(B) must be accompanied by a written acknowledgement that water resources may not be available to serve the project for which the application is filed and that the applicant fully accepts all consequences of this risk.

1. Phase I: At any time that a 2% water reserve is not
maintained as defined in section 17.08.050(C) and (D),
no application for any water consuming project shall
be accepted, processed or approved. During this period
only those projects classified as exempt in subsection
(B) below, or that have been determined to have no
impact on water resources as established in section

17.08.060 (C) may be accepted, processed or approved.

2. Phase II: The second phase shall apply at any time that a 2% water reserve, as defined in section 17.08.050 (C) and (D), is maintained. Applications for projects classified within the first and second land use priorities in section 17.08.040 (D), as well as projects authorized in phase I, may be accepted and processed during Phase II.

3. Phase III: Upon achieving and maintaining the full 5% reserve defined in section 17.08.050, applications for
projects in all three land use priorities established
·'-. .. / in section 17.08.040 (D), as well as projects authorized in Phase I may be accepted and processed.

4. Any complete application accepted for processing during any phase shall be processed through all discretionary
actions even if the City fails to maintain compliance
with one or more reserve goals after accepting said
application. All applications for projects within the
second and third priorities in section 17.08.040(D) that are approved through these phasing procedures shall only be implemented after the City has achieved compliance with with the full 5% water reserve. Final permits allowing
the implementation of such projects shall be released
through the procedure in subsection (D) below.

B. Exemptions
The following classes of projects shall be exempt from the prohibitions in 17.08.060(A) and (B) and may be issued
permits whenever the water consumption total calculated in

17.08.050(B) remains below 100% of the total water resource Attachment 1
Water O~dinance 87-14

Page 13 ends

available to the City. No project shall be exempt when consumption, as calculated in section 17.08.050 (B), exceeds 100% of the available resource.

1. Single family residential construction on existing lots of record in the R-1 Land Use District that are vacant
and unencumbered by any existing construction. Determination of whether a lot is vacant or encumbered shall be made by reviewing all standards and provisions contained in the following sections of Title 17: 04.130 (Building Site), 04.420 (Lot of Record), 04.670
(Structure), 24.0070 (Lots, Parcels and Building Sites),

24.170 (Floor Area), and 24.190 through 24.220 (Setbacks).

2. Residential or commercial construction on existing lots of record in any commercial district that are vacant, unencumbered and not used for any commercial purpose.

3. Any project determined by the City Council to be an
approved pending project as listed in Resolution 87-50.

C. Evaluation of Projected Water Use
In processing applications pursuant to Sections 17.08.060 and

17.08.0SO(D) an estimate of the projected water demand
, .. ./ generated by full use of the proposed project shall be made.

This shall be compared to a record or estimate of the past water use established by the specific use being replaced or modified to determine the net change in water use of the proposed activity. When making such comparisons, previously achieved water conservation, and any water conservation required of the project by Chapter 15.28, shall not be used to reduce the estimated water demand of the proposed project.

Past water use on any project site shall be the twelve (12) most recent months during which a site was occupied. Where records documenting past water use are not available and estimates are used, these estimates shall be verified by the Monterey Peninsula Water Management District or by the
Department of Community Planning and Building. Disputed estimates shall be resolved by the Planning Commission.

Attachment 1
Water Ordinance 87-14
Pa.ge 14
D. Release of Final Permits
The release of final permits for projects shall follow the procedures in this section to assure that the City's
adopted water reserve is maintained. The final permit for a project shall only be released when the cumulative effect of all projects already issued final permits and the net effect of the projectbeing considered would not result in in noncompliance with the full 5% water reserve maintained pursuant to section 17.08.050.

1. Eligibility- Pending projects must be considered for the release of final permits in the order in which they obtained their final required discretionary approval.

As each final permit is released, or becomes available
for release due to sufficient water resources, other
projects with later dates of final discretionary
approval shall then become eligible for consideration.

2. Available Water Resources- The amount of water available for pending projects shall be calculated as:
a) the average amount by which consumption has remained below the 5% reserve during the most recent two-month
period of compliance, and
b) as reduced by the amount of water already committed
to projects which are eligible for for final permits
or for which final permits have been issued, but which
have not yet been completed and issued Certificates
of Occupancy.

3. Eligibility Limits and Notification- If there are available water resources to serve the full estimated demand of the project under consideration, the project sponser shall be notified by certified mail and a final permit
may be issued upon application subject to all relevent
city codes and procedures.

4. Time Limits, Abandonment- If a pending project becomes eligible for a final permit and no permit is applied
for or issued within six months of the date the project sponser is notified, the project shall be deemed
abandoned and shall cease to have a committment of
water resources so that other pending projects may
then be considered. Projects abandoned pursuant to
this section shall not be issued final permits.

Final permits issued shall be valid for a period of six months and shall thereafter be void and the project
deemed abandoned unless work has commenced on the project or the use has become established.

Attachment 1
. Water Ordinance 87-14

Page 15 ends

-EXHIBIT BAMENDMENTS TO CHAPTER 15.28

15.28.020 Standards for Water Conservation and Plumbing Fixtures A. The following standards are established to achieve water conservation:

1. All toilets shall use 1.5 gallons of water per flush or less.

2. All showerheads shall use 2.5 gallons of water per minute or less.

3. All kitchen and lavatory faucets shall be equiped with aerators or shall have a maximum rate of flow of not
more than 2.5 gallons per minute.

4. All ornamental fountains, permanent swimming or wading pools and similar structures shall employ recirculation systems.

5. All waterpipes and connections to water delivery mains shall be equipped with valves to reduce water pressure
to fifty pounds of pressure per square inch or less.

6. All hot water pipes shall be insulated.

B. Applicability of Standards.

The following regulations shall establish the circumstances in which the water conservation plumbing standards shall apply:

1. All newly constructed building in all land use districts shall comply with all standards set forth above in Subsection (A).

2. Construction activity involving remodels, additions or reconstruction wherein the total floor area in a building is increased by 25% or more shall require the entire building to be retrofitted to meet standards
(1), (2) and (3) as set forth above in Subsection (A).

This provision shall not be applied to result in a
retrofitting cost that would exceed 25% of the value
of the estimated construction cost.

3. Other provisions of the Municipal Code, including those in Chapter 17.08 and Section 17.46.120, may also establish requirements for the retrofitting of existing fixtures in order to achieve water conservation.

4. The City shall cooperate in the implementation of adopted retrofit programs of the Monterey Peninsula Water Management District in District Ordinance No. 30.

Attachment 1
.. Water Ordinance

Page 16 ends

c. Exemptions
The Building Official may authorize exemptions from the requirements of this chapter under the following circwnstances:

1. The adopted requirements of another governmental agency with jurisdictional authority over the City mandates
the use of equipment prohibited by this chapter.

2. The strict adherence to the requirements of this chapter would interfere with the maintenance of the health,
safety or sanitation protections provided to similar
buildings or uses.

3. Equipment needed to comply with this chapter can not be obtained and waiting to obtain it would cause unreasonable delay in construction. Exemptions granted under this provision shall be temporary and the equipment
needed to comply with this chapter shall be installed
when it becomes available.

4. An otherwise legal business would be prevented from
operating in a manner necessary and reasonable to
accomplish its purpose.

5. The plumbing fixtures on a property have been previously retrofitted to comply with Ordinances 84-2 or 85-1. In
order to qualify under this exemption, applicants must
provide docwnentation such as plwnbing permits or similar evidence that appropriate fixtures were replaced between February 1984 and June 1987.

BR:hw
H200RD
Attachment 1

CERTIFICATION OF ORDINANCE
I, JEANNE BREHMER, the undesigned, City Clerk of the City of Carmel-by-the-Sea, California, do hereby certify that. the foregoing is a true and correct copy of Ordinance No. 87 - 14 which has been published or posted pursuant to the laws of the State of California and the City of Carmel-by-the-Sea.

DATED THIS 19th DAY OF ______ M_a_,y.__ ___ _ 1987.

Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Attachment 2
Chapter 17.50
WATER MANAGEMENT PROGRAM1
Sections:

17.50.010 Purpose.

17.50.020 Water Conservation.

17.50.030 Allocation of Water Resources.

17.50.040 Effects of Allocation.

17.50.010 Purpose.

The City recognizes a need to conserve and manage its water resources to achieve adopted land use planning objectives. The water resources of the City are presently derived from a water allocation system implemented by the Monterey Peninsula Water Management District. It is the purpose and intent of this chapter to establish a water management program that:

A. Reduces unnecessary water consumption in existing and new development; B. Provides a process for dedication of the City’s limited water resources in new development; C. Establishes a process for determining the broad land use categories to be served through allocations of existing and future water resources available to the City; and D. Implements the General Plan and Coastal Land Use Plan. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.50.020 Water Conservation.

Water conservation is an integral part of the City’s water management program. Water resources available to the City are limited. In some cases, water conservation can increase the effective supply and allow development that otherwise would not be possible. Water conservation in new development can reduce the demand from each project and thereby increase the number of projects that can be served with available resources. It is the intent of this chapter to establish uniform standards for water conservation and to provide guidance on the manner in which conserved water is to be used within the City’s total water management program.

A. Uniform Standards for Plumbing Fixtures. The use of water-conserving plumbing fixtures shall be required for all new construction. All existing plumbing fixtures within any building that do not comply with the adopted standards for water conservation shall be replaced with complying fixtures upon issuance of any building permit authorizing substantial construction. Standards for water-conserving plumbing fixtures and the criteria for when such fixtures are required are established in Chapter 15.28 CMC.

The Carmel-by-the-Sea Municipal Code is current through Ordinance 2024-02, passed December 3, 2024.

Carmel-by-the-Sea Municipal Code Chapter 17.50 WATER MANAGEMENT PROGRAM1 Page 1 of 4 Attachment 3
B. Landscaping Standards. It is recognized that the irrigation of plants used in landscaping can consume large quantities of water. Proper design of irrigation systems and proper selection of plant species can significantly reduce water consumption while achieving a more natural appearance in community design through the use of native plants and other species habituated to the central coast. See landscaping standards contained in Chapter

17.34 CMC, Landscaping. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.50.030 Allocation of Water Resources.

A. Allocation. Following a public hearing, the City Council shall establish an allocation of water resources available for increased use by adopting an allocation resolution. The resolution shall define:

1. The remaining quantity of water available to the City including any new supplies made available since adoption of the last allocation resolution;

2. A list of defined land use or project categories for which water will be made available;

3. A discrete quantity of water, expressed in acre-feet per year, to be allotted for each defined land use category; and

4. A discrete quantity of water to be held as unallocated reserves.

B. Planning Commission Review and Monitoring. Before adoption of an allocation resolution, the City Council shall consider recommendations on the appropriate distribution of water to implement the General Plan and the Local Coastal Program as determined by the Planning Commission. Each allocation resolution shall reserve at least 10 percent of available water resources for projects that will create new affordable housing units for moderately low-, low- or very low-income households. Each allocation resolution also shall ensure that water is reserved for anticipated projects serving coastal recreation, access and essential public services. The allocation resolution shall remain in effect until replaced by a subsequent resolution containing the same information, and following the same process as outlined above. The Planning Commission should review water allocations for consistency with the General Plan and the Local Coastal Program on an annual basis and forward any recommendations for change to the City Council during the last month of each calendar year.

C. Unallocated Reserves. Water held in unallocated reserves shall not be used for any project or land use change until transferred to a defined allocation category. Such transfers shall be made by adopting a new allocation resolution as described in subsection (A) of this section. Reserves are intended to provide a means of adjusting water allocations to respond to changing conditions and General Plan policy. If new water resources become available to the City by action of the Monterey Peninsula Water Management District, they shall be placed in unallocated reserves administratively until distributed to other categories through adoption of a new allocation resolution. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.50.040 Effects of Allocation.

The Carmel-by-the-Sea Municipal Code is current through Ordinance 2024-02, passed December 3, 2024.

Carmel-by-the-Sea Municipal Code Chapter 17.50 WATER MANAGEMENT PROGRAM1 Page 2 of 4 Attachment 3
The purpose and effect of establishing categories for the allocation of water supplies are to limit access to water to those categories that are consistent with the General Plan and the Local Coastal Program. No change in land use shall be allowed through any permit or license that could result in a net increase in water use unless such change has been approved in accordance with all applicable provisions of the water management program. In determining whether a project may result in a net increase in water use the rules and regulations of the Monterey Peninsula Water Management District shall be followed.

A. Acceptance of Applications. The Department of Community Planning and Building shall monitor the water allocations established by resolution of the City Council (CMC 17.50.030, Allocation of Water Resources). Each proposed change in land use or project for which an application is submitted shall be evaluated to determine whether its approval could result in a net increase in water use as defined by the Water Management District.

Projects involving no net increase in water use or that will create new housing affordable to moderate, low- or very low-income households may be accepted and processed without regard to water allocations. For projects that may result in a net increase in water use, the following procedure shall be used by the Department:

1. The project shall first be classified into one or more land use categories based on the type of project. (For example, a mixed-use project would be classified into both the commercial and multifamily residential categories.)

2. An estimate shall then be made of the net increase in water use that would result from the project within each land use category.

3. If the project would require water from a land use category for which no allocation has been made, the application shall be returned to the applicant and shall not be processed.

4. If the project would require more water from a land use category than currently remains, after considering the original allocation minus all existing pre-commitments and dedications, the application shall be returned to the applicant and shall not be processed or shall be denied. An exception shall be allowed if the project would create housing affordable to moderate, low- or very low-income households. In such cases, the project shall be processed and then put on a waiting list until water resources become available.

5. If the project requires water and there is a sufficient supply remaining in the allocation for each category affected by the project to fully meet the anticipated demand, the application may be accepted for processing after meeting all requirements for a complete application established by the City.

6. Upon acceptance of an application as complete by the department, a pre-commitment of water resources shall be temporarily assigned to the project during processing of the application. The department shall keep a record of the remaining balance of water within each allocation category and a running total of all temporary pre-commitments and dedications to ensure that applications are not accepted for processing for which water would be unavailable upon approval. For projects that are denied or abandoned, the preThe Carmel-by-the-Sea Municipal Code is current through Ordinance 2024-02, passed December 3, 2024.

Carmel-by-the-Sea Municipal Code Chapter 17.50 WATER MANAGEMENT PROGRAM1 Page 3 of 4 Attachment 3
1 commitment shall be terminated and the water shall be administratively restored to its original allocation category.

B. Approval of Applications. Once an application for a project requiring water resources has been approved, the Department shall permanently reduce the remaining balance within each allocation category affected by the project and shall issue a water release to the Monterey Peninsula Water Management District authorizing a debit to the City’s water allocation. This action shall terminate the temporary pre-commitment of water resources and create a permanent dedication of water resources to the project, subject to all applicable time limits established in the permit or by the municipal code.

C. Abandonment of Dedicated Water Resources. Upon making a determination that a water release has expired without use, or that time limits applicable to a project have expired without implementation, all water previously dedicated to a project, but not used, shall be considered abandoned. All water abandoned or not used by such unimplemented projects shall be returned to the allocation category from which it originated and shall become available for use by subsequent projects. For projects that are implemented and water demand was overestimated, any remaining, unused water shall be credited back to the City’s unallocated reserve. (Ord. 2004- 02 § 1, 2004; Ord. 2004-01 § 1, 2004).

Prior legislation: Ords. 87-14 and 93-11.

The Carmel-by-the-Sea Municipal Code is current through Ordinance 2024-02, passed December 3, 2024.

Carmel-by-the-Sea Municipal Code Chapter 17.50 WATER MANAGEMENT PROGRAM1 Page 4 of 4 Attachment 3
ORDINANCE NO. 197

AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

ALLOCATING WATER FROM

PURE WATER MONTEREY EXP ANSI ON

FINDINGS

1. The Monterey Peninsula Water Management District ("District") is organized and exists under the Monterey Peninsula Water Management District Law (Chapter 527 of the Statutes of 1977, and published at Water Code Appendix, Section 118-1, et seq.) ("District Law").

2. The District is charged under the Monterey Peninsula Water Management District Law with the integrated management of all ground and surface water resources in the Monterey Peninsula area.

3. State Water Resources Control Board ("SWRCB") Order No. WR 95-10 dated July 6, 1995, determined that California American Water ("Cal-Am") did not have the right to divert as much water from the Carmel River system as it historically did. The SWRCB, through Order WR 2009-0060, authorized Cal-Am to continue these diversion levels until 2017, and then again through Order WR 2016-0016 to 2021, at which point alternative water supplies were required to avoid significant threats to the health, safety and welfare of residents, businesses, visitors and property owners on the Monterey Peninsula.

4. The Pure Water Monterey ("PWM")/Groundwater Replenishment Project ("PWM/GWR") is an advanced water recycling project, jointly developed by MPWMD and Monterey One Water ("Ml W"). The PWM Groundwater Replenishment Final Environmental Impact Report ("2015 EIR") was certified by M 1 W in October 2015, with Addenda approved in June 2016, March 2017, and October 2017 to address project changes (SCH #2013051094; MPWMD/Ml W 2015, 2016, 2017a, 2017b). Initially, the approved PWM/GWR Project had an operational capacity of 4.0 million gallons per day (mgd). In 2017, Ml W approved a modification to the PWM/GWR Project that expanded operational capacity from 4.0 mgd to 5.0 mgd (MPWMD/MlW 2019). The PWM/GWR Project is owned and operated by Ml W. Currently, MPWMD sells 3,500 AFY of water from PWM/GWR to Cal-Am.

5. In 2019, Ml W prepared a Draft Supplemental EIR for modifications to expand the water supply yield of the approved PWM/GWR Project. These modifications would expand facility peak capacity from 5 mgd to 7.6 mgd and would ultimately result in an additional 2,250 AFY of purified recycled water for injection into the Seaside Groundwater Basin. 5 Harris Court, Building G, Monterey, CA 93940 • P.O. Box 85, Monterey, CA 93942-0085 831-658-5600 • Fax 831-644-9560 • http://www.mpwmd.net
Attachment 4
MPWMD would subsequently extract and sell a total average yield of 5,750 AFY to CalAm (MPWMD/Ml W 2019). The PWM/GWR Project would also deliver 600 AFY to the Marina Coast Water District. The 5,750 AFY of water would replace a portion of the water supply for Cal-Am, which has been required by the SWRCB to reduce drafting water from the Carmel River to legally permitted levels. The Final Supplemental EIR ("2021 SEIR") was certified in April 2021, and an Addendum was approved in November 2021 (SCH #2013051094, MPWMD/Ml W 2020, 2021).

6. The District Law grants MPWMD general and specific powers to cause sufficient water to be available for present and future beneficial use or uses of lands or inhabitants within the District. MPWMD Rule 30 requires the District to establish a specific Allocation for each Jurisdiction to manage water supplies throughout the District.

7. The PWM Expansion provides a replacement water supply that should enable the lifting of the SWRCB Cease and Desist Order (CDO) and the California Public Utilities Commission ("CPUC") moratorium on the setting of new meters.

8. Ordinance No. 197 allocates a portion of the additional new water supply made available by the expansion of the PWM/GWR Project amongst the Monterey Peninsula Jurisdictions within the District's service area. The District anticipates that the additional water supply will be on-line by the fourth quarter of 2025. The Amended and Restated Water Purchase Agreement for the Pure Water Monterey (PWM) Expansion project was signed in March 2023.

9. The District considered several factors when determining the allocation, including but not limited to historical average water consumption data, water production data, water availability, and estimates of job and population growth for each Jurisdiction based on the Association of Monterey Bay Area Governments (AMBAG) 2022 Regional Growth Forecast.

10. The District is allocating a portion of the new supply and retains flexibility to be able to allocate additional supply when needed to meet future water demands of the Jurisdictions.

11. In May 2023, the District authorized an environmental consultant to perform a literature review of Environmental Impact Reports (EIRs ), Supplemental EIRs, general plans, etc. for water projects and future growth and then advise the District through a technical memorandum on the appropriate environmental action for the Allocation Process. The Technical Memorandum concluded (a) that the proposed water allocation qualifies as a project under CEQA because it is being undertaken by a public agency (the District) and has the potential for reasonably foreseeable indirect physical changes in the environment, such as facilitating land development through the provision of increased water supplies. In other words, the additional water that would be available to Jurisdictions in the Cal-Am Service Area within the District could facilitate development that would have otherwise been impossible due to lack of water availability; and (b) The document review determined that the Pure Water Monterey 2021 Supplemental EIR (SEIR) had already analyzed the growth-inducing and secondary environmental effects associated with the proposed water MPWMD Ordinance No. 197, Pure Water Monterey Expansion Allocation Ordinance

Page 2 ends

Attachment 4
allocation, which is, in practice, a continuation of the District's existing water allocation program. Based on those findings, the District undertook preparation of an Addendum to the SEIR.

12. The District prepared the EIR Addendum which supported the District's determination that the additional water allocation is within the scope of the 2021 SEIR, did not require subsequent action under CEQA Guidelines Section 15162 and, in conjunction with the 2021 SEIR, adequately analyzes potential environmental impacts. The Addendum was adopted by the District Board in February 2024.

NOW THEREFORE, be it ordained as follows:

ORDINANCE
Section One: Short Title
This ordinance shall be known as the Pure Water Monterey Expansion Allocation Ordinance of the Monterey Peninsula Water Management District.

Section Two: Purpose
This ordinance establishes initial Allocations of water from Pure Water Monterey Expansion for delivery by California-American Water Company to the Jurisdictions in the Monterey Peninsula Water Management District.

Section Three: Amendment to Rule 31, Report on Status of Water Allocations Rule 31 shall be amended as shown in bold italics for new text (bold italics) and strikeout (strikeout) for deletions.

The District shall prepare a Monthly Allocation Report for the Board of Directors with information about debits and credits to Allocations, Entitlements, and other water tracking processes related to Water Permits. This report shall be available to the public. prepare and distribute an annual record to each Jurisdiction showing the current water balance for each A.llocation.

Section Four: Amendment to Rule 33, Jurisdictional and Reserve Water Allocations Rule 33 shall be amended as shown in bold italics for new text (bold italics) and strikeout (strikeout) for deletions. Table 5 shall be added (not shown in bold italics):

RULE 33 - JURISDICTIONAL AND RESERVE WATER ALLOCATIONS
A. JURISDICTIONAL ALLOCATIONS
Permits to authorize new or Intensified Water Use from the California-American MPWMD Ordinance No. 197, Pure Water Monterey Expansion Allocation Ordinance

Page 3 ends

Attachment 4
Carmel
Water Company shall be issued by the District for use in any Jurisdiction pursuant to the application and approval process set forth in District Rule 23Regulation II.

The total quantity of new or Intensified Water Use in each respective Jurisdiction, shall not exceed the amounts set forth in this sectionTable 5, MPWMD Cal-Am Water Allocations by Jurisdiction:

Carmel by the Sea
Del Rey Oaks
Monterey (City)
Pacific Grove
Sand City
Seaside
Monterey County
Monterey Peninsula Airport District
District Reserve (Allocated)
Table 5

19.41 Acre Feet

8.10 Acre Feet

76.32 Acre Feet

25.77 Acre Feet

51.86 A.ere Feet

65.45 Acre Feet

87.71 Acre Feet

8.10 Acre Feet

15.28 Acre Feet
MPWMD Cal-Am Water Allocations by Jurisdiction
Jurisdiction Proposed Existing
PWM Allocation
Expansion as of
Allocation 11/ 30/24*
14AF 2.479AF
Total
Jurisdictional
Allocation*

16.479 AF
De/Rey Oaks 6AF OAF 6.000AF
Monterey 141AF 0.469AF 141.469AF
Pacific Grove 32AF 0.024AF 32.024 AF
Sand City 14AF OAF 14.000AF
Seaside 21AF 29.292AF 50.292AF
Unincorporated Monterey County 72AF 10.940AF 82.940AF
Monterey Peninsula Airport District 44AF 5.197 AF 49.197 AF Department of Defense Sites 27AF OAF 27.000AF
District Reserve 2,175 AF 2,175AF
* Allocation will be updated to reflect Paralta and Pre-Paralta Allocations remaining in each Jurisdiction upon the effective date of the ordinance. (This asterisked information shall not be published in Rule 33.) B. DISTRICT RESERVE
The District Reserve Allocation shall refer to a quantity of water available for use at the District's discretion, including future allocation. The District Reserve Allocation can be augmented by dedications of water from a Water Entitlement, Water Use Credit, Water Credit, or a new Source of Supply.

MPWMD Ordinance No. 197, Pure Water Monterey Expansion Allocation Ordinance

Page 4 ends

Attachment 4
C. WATER WEST ADJUSTMENT RESERVE
A special reserve shall be has been established to replenish separate from the Monterey County Allocation for new and intensified water use approved by Monterey County which occurs within the boundaries of the former Water West Water Distribution System in Carmel Valley. R�plenishment of Monterey County's Allocation from this special reserve shall occur only upon the approval of water use for real property \Vithin the Water West boundary. The total quantity of water use to replenish Monterey County's Allocation available pursuant to this paragraph shall not exceed 12.76 Acre-Feet (sales).

D. LIMIT ON FUTURE WATER ALLOCATIONSCOST OF ALLOCATION
There \vill be no further allocation of water until an adequate water supply is established.There shall be no sale of water from an Allocation by a Jurisdiction.

Water permitted from an Allocation shall, however, be subject to the Capacity Fee collected by the District.

E. RELEASE OF ALLOCATION
A Jurisdiction shall release water from an Allocation by use of the Water Release Form approved by the District. A Water Release Form shall expire after five years or more frequently as determined by the Jurisdiction. Jurisdictions are encouraged to maintain records of the release of water and expiration.

F. DETERMINATION OF ALLOCATIONS

1. The District began the process of determining Jurisdictional Allocations in 2023, culminating in a meeting on September 12, 2024, to provide a detailed overview of the District's methodology and process for · distribution of the new supplies. The process was summarized for Jurisdictions' boards and councils at subsequent public meetings.

The methodology used by the District to determine the Allocations of water to be available in 2025 included, but was not limited to:
a. The recent 5-year average water demand by Jurisdiction. b. Total water supplies, inclusive of the Pure Water Monterey Expansion, were calculated and the existing recent 5-year average total demand was subtracted. Of the difference, 1,000 AF was identified to be held in the District Reserve as a ''factor of safety." The remainder was considered "available" for allocation.

MPWMD Ordinance No. 197, Pure Water Monterey Expansion Allocation Ordinance

Page 5 ends

Attachment 4
c. The 25-year growth rate in water demand by Jurisdiction was forecasted based upon the Association of Monterey Bay Area Governments (AMBAG) Regional Growth Forecast, utilizing population growth for future Residential water use and job growth for future Non-Residential water use.
d. The alternate methodology of a survey was used for determining future demands for the Monterey Peninsula Airport District and the Army, Navy, and Coast Guard (Department of Defense Sites). e. Adjustments, if any, were made for the 6
t11 Cycle Regional Housing
Needs Allocation (RHNA).
f. It was determined that the 25-year total increase in demand was less than the new supplies available for allocation. Based on each Jurisdiction's forecasted 25-year demand, a portion of its future demand has been Allocated from the new available supply (Pure Water Monterey Expansion) and the remainder retained in the District Reserve, available for future allocation.
g. Existing unused Jurisdictional Allocations as of the effective date of this Ordinance were left intact.

2. The Board of Directors shall examine the Allocations at least every four years following the AMBA G Regional Growth Forecast. Allocations may be reviewed more frequently at the discretion of the Board.

G. BISHOP AND RYAN RANCH SUB-UNITS
Section Five:

Henceforth, water Connections in the Bishop and Ryan Ranch subsystems of Cal-Am shall be tracked and accounted for using the same methodology as the Main California American Water System described in Regulation II, including the requirement/or authorization of water from the Jurisdiction's Allocation as described in Rule 23 and calculated in Rule 24.

Availability of Allocations
Each Jurisdiction should limit the release of water from its Allocation to projects that will not be completed before December 31, 2025, until Pure Water Monterey Expansion has received its final approval. All projects using an Allocation, with the exceptions of the Bishop, Ryan Ranch, and Hidden Hills units of Cal-Am, are subject to the moratorium on new Connections imposed by SWRCB Orders WR 2009-0060 and WR 2016-0016. Pre-existing Paralta and pre-Paralta Allocations may continue to be used in the interim.

Section Six: Residential Retrofit Credit (Ordinances 74 and 90 MPWMD Ordinance No. 197, Pure Water Monterey Expansion Allocation Ordinance

Page 6 ends

Attachment 4
Ordinances No. 74 and No. 90 enacted a program allowing toilet retrofit water savings to be used to offset added water fixtures in Residential uses. The ordinances specified that the reinvested savings must be debited from a future allocation. From 1995 through 1998, 12.7 Acre-Feet (AF) of savings were used through the program. As required by the program, 12. 7 AF shall be accounted for from the District Reserve Allocation.

Section Seven: Effective Date
This ordinance shall take effect at 12:01 a.m. on March 1, 2025.

Section Eight: Severability
If any subdivision, paragraph, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or enforcement of the remaining portions of this ordinance, or of any other provisions of the Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that each remaining portion would have been adopted irrespective of the fact that one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.

PASSED AND ADOPTED on this 27th day of January 2025 on a motion by Director Riley with a second by Director Paull by the following vote, to wit:

AYES:

NAYS:

ABSENT:

Lindor, Paull, Daniels, Edwards, Oglesby and Riley
Anderson
None
I, David J. Stoldt, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify the foregoing ordinance was duly adopted on the 27th day of January 2025.

Dated: January 28, 2025
U:\staff\Ordi nances\2025\Ordinance 197. docx
David J. Stoldt
MPWMD Ordinance No. 197, Pure Water Monterey Expansion Allocation Ordinance

Page 7 ends

Attachment 4
EXHIBIT 19-A

MONTHLY ALLOCATION REPORT
Reported in Acre-Feet
For the month of March 2025
U:\staff\Boardpacket\2025\042125\Informational Items\19\Item-19-Exh-19-A.docx Jurisdiction Pure Water
Monterey
Allocation
Changes
During
Period
Balance
Remaining
Paralta &
Pre-Paralta
Water
Changes
During
Period
Balance
Remaining
Public
Credits
Changes
During
Period
Balance
Remaining
Total
Available
Airport District 44.000 0.000 44.000 8.100 0.000 5.197 0.000 0.000 0.000 49.197 Carmel-by-the-Sea 14.000 0.000 14.000 20.491 0.000 2.479 0.910 0.000 0.182 16.661 Del Rey Oaks 6.000 0.000 6.000 8.540 0.000 0.000 0.000 0.000 0.000 6.000 Dept of Defense 27.000 0.000 27.000 0.000 0.000 0.000 0.000 0.000 0.000 27.000 Monterey 141.000 0.000 141.000 126.979 0.000 0.543 38.121 0.000 3.627 145.170 Monterey County 72.000 0.000 72.000 100.790 (0.104) 11.034 7.827 0.000 1.181 84.215 Pacific Grove 32.000 0.000 32.000 27.180 0.000 0.024 15.874 0.000 0.002 32.026 Sand City 14.000 0.000 14.000 52.698 (0.029) 0.029 24.717 0.000 23.163 37.192 Seaside 21.000 0.000 21.000 99.888 0.000 29.157 2.693 0.000 1.144 51.301 District Reserve 2086.000 0.000 2,086.000 9.000 0.242 7.802 0.000 0.000 0.000 2,093.802 TOTALS 2,457.000 0.000 2,457.000 453.666 0.109 56.265 90.142 0.000 29.299 2,542.564 Allocation Holder Water Available Changes During Period Total Demand from Water Permits Issued
Remaining Water
Available
Quail Meadows 33.000 0.000 32.320 0.680
Water West 12.760 0.000 10.352 2.408
165
Attachment 6
Attachment 6
Attachment 6
Attachment 7
Attachment 7

5 Harris Court, Building G, Monterey, CA 93940  P.O. Box 85, Monterey, CA 93942-0085 831-658-5601  Fax 831-644-9558  www.mpwmd.net  www.montereywaterinfo.org Notice Regarding Pure Water Allocation and Water Permit Process On March 1, 2025, each Jurisdiction in the Monterey Peninsula Water Management District received a water allocation from the Pure Water Monterey Expansion Project (“Pure Water”). The Jurisdiction’s role is to release water for new construction, remodels, and tenant improvements that require a Water Permit, and then ensure the District has issued a Water Permit prior to issuance of the building permit. District Rule 20 provides information about when a Water Permit is required (https://www.mpwmd.net/rules/Rule20.pdf).

A Jurisdiction authorizes the District to issue a Water Permit by signing the bottom of the Residential or Non-Residential “Water Permit Application and Water Release Form” (“Water Permit Application”) showing the amount of water approved (if needed) and checking the appropriate box to identify the water source. Each Jurisdiction should have one or more designated staff who sign this form. Please notify the District with the authorized person(s) name(s) and a sample of their signature(s) for verification purposes.

An email regarding the new allocation was sent to each Jurisdiction March 5, 2025. The Residential and Non-Residential Water Permit Applications have been updated to reflect Pure Water as a water source option. A Jurisdiction is prohibited from selling water from its allocation.

Water Release Forms expire after five years, or earlier as desired by the Jurisdiction. Please let the District know if you select an earlier date.

The District encourages each Jurisdiction to track the authorized amount of water, the expiration date, and the amount of water actually permitted on the Water Permit. There is a Monthly Allocation Report in the District’s board meeting packet online at https://www.mpwmd.net/who-we-are/board-of-directors/board-meeting-agendas/ that will have details about all Water Permits processed during the previous month.

Each Jurisdiction should limit the release of water from its Pure Water Allocation to projects that will not be completed before December 31, 2025, or until Pure Water has received its final approval. Pre-existing Paralta and pre-Paralta Allocations may continue to be used in the interim. All projects using an allocation may be subject to the moratorium on new Connections imposed by SWRCB Orders WR 2009-0060 and WR 2016-0016 (Cal-Am Cease & Desist Order).

Water from separate “entitlements” recognized by the District may continue to be released.

The applicant is responsible for completing the Water Permit Application. If the District finds that additional water is needed, the form will be returned for correction and an updated authorization. If the amount of water needed is less than the amount authorized, the Water Permit will be issued and will reflect the lesser amount. The final Water Permit is sent to the Jurisdiction, and you may update your Allocation records at that time.

If you have any questions about the water Allocation process or any other matters, please contact Stephanie Kister Campbell at [email protected] or 831-658-5601.

Attachment 8

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

RESIDENTIAL WATER RELEASE FORM AND WATER PERMIT APPLICATION NOTE: When approved and signed by the -urisdiction, this form must be submitted with complete Construction Plans to FRQVHUYH#PSZPGQHW
5 Harris Court, Bldg. G
5\DQ5DQFK
Ƈ Monterey, CA 93940 Ƈ (831) 658-5601
Completing the Water Release Form & Water Permit Application does not guarantee issuance of a Water Permit.

ALL SPACES BELOW MUST BE COMPLETED OR THE APPLICATION MAY NOT BE PROCESSED. (Please print firmly)

2. AGENT/REPRESENTATIVE INFORMATION:

Name:

Daytime telep hone:
(-Mail Address:

1. OWNERSHIP INFORMATION:

Name:

Daytime telep hone:

E-Mail Address:

3. PROPERTY INFORMATION:
-
Address: BBBBBBBBBB
Water Company serving parcel: Assessor
V Parcel Number
$31
-
Is a :ater 0eter needed? YES or NO If yes, how many?
NOTE: Separate :ater 0eters are required for each UserRWKHUWKDQFHUWDLQResidential uses WKDWPD\TXDOLI\IRULQOLQHPHWHUV.

4. PROJECT DESCRIPTION (Be thorough and detailed):

5. INSTRUCTIONS: Table 1R1 should list the fixtures on the property as they exist before the project. Table 1R2 should reflect all fixtures on the property after the project is completed. Only one Master Bathroom can be designated per 'welling 8nit.

Table No. 1 Existing Property Fixture Count Table No. 2 Post Project Fixture Count (All fixtures before project) (All fixtures after project) Fixture Value Count Type of Fixture Fixture Value Count ________ x 1.0 = ________ Washbasin ________ x 1.0 = __________ Type of Fixture
Washbasin
Two Washbasins in the Master Bathroom ________ x 1.0 = ________ Two Washbasins in the Master Bathroom ________ x 1.0 = __________ Toilet, Ultra Low-Flush (1.6 gallons-per-flush) ________ x 1.8 = ________ Toilet, Ultra Low-Flush (1.6 gallons-per-flush) ________ x 1.8 = __________ Toilet, High Efficiency (HET) ________ x 1.3 = ________ Toilet, High Efficiency (HET) ________ x 1.3 = __________ Toilet, Ultra High Efficiency (UHET) ________ x 0.8 = ________ Toilet, Ultra High Efficiency (UHET) ________ x 0.8 = __________ Urinal, Pint (0.125 gallon maximum) ________ x 0.1 = ________ Urinal, Pint (0.125 gallon maximum) ________ x 0.1 = __________ Urinal, Zero Water Consumption ________ x 0.0 = ________ Urinal, Zero Water Consumption ________ x 0.0 = __________ Master%ath (one per Dwelling):Tub&Shower Stall_______ x 3.0 = ________ Large Bathtub (may have Showerhead above) ________ x 3.0 = ________ Standard Bathtub or Shower Stall (one head) ________ x 2.0 = ________ Master%ath (one per Dwelling):Tub&Shower Stall__ ____ x 3.0 = __________ Large Bathtub (may have Showerhead above) ________ x 3.0 = _________ Standard Bathtub or Shower Stall (one head) ______B x 2.0 = __________ $GGLWLRQDOVKRZHUheads, body spray, etc) ________ x 2.0 = ________ $GGLWLRQDOVKRZHUKeadV, body spray, etc ________ x 2.0 = __________ Shower 6ystem, Rain Bar/ Custom Shower (specs) ________ x 2.0 = ________ Shower 6ystem, Rain Bars/Custom Shower (specs ________x 2.0 = __________
Kitchen Sink (with optional Dishwasher) ________ x 2.0 = ________ Kitchen Sink (optional dishwasher) ________ x 2.0 = __________ Kitchen Sink with High Efficiency Dishwasher ________ x 1.5 = ________ Kitchen Sink with High Efficiency Dishwasher ________ x 1.5 = __________ Dishwasher, each additional (with optional sink) ________ x 2.0 = ________ Dishwasher, each additional (optional sink) ________ x 2.0 = __________ Dishwasher, High Efficiency (with opt. sink) ________ x 1.5 = ________ Dishwasher, High Efficiency (with opt. sink) ________ x 1.5 = __________ Laundry Sink/Utility Sink (one per Site) ________ x 2.0 = ________ Laundry Sink/Utility Sink (one per Site) ________ x 2.0 = __________ Clothes Washer ________ x 2.0 = ________ Clothes Washer ________ x 2.0 = __________ Clothes Washer, (HE&W) ________ x 1.0 = ________ Clothes Washer, (HE&W) ________ x 1.0 = __________ Bidet ________ x 2.0 = ________ Bidet ________ x 2.0 = __________ Bar Sink ________ x 1.0 = ________ Bar Sink ________ x 1.0 = __________ Entertainment Sink ________ x 1.0 = ________ Entertainment Sink ________ x 1.0 = __________ Vegetable Sink ________ x 1.0 = ________ Vegetable Sink ________ x 1.0 = __________ Swimming Pool (each 100 sq-ft of pool surface) ________ x 1.0 = ________ Instant-Access-Hot-Water System (fixture credit) ________ x -0.5 = __________ Other _______________________________ ________ x ____ = ________ Other _______________________________ ________ x ____ = ________ Subtotal proposed indoor fixtures = __________ Other _______________________________ ________ x ____ = ________ Landscape – Refer to District Rule 142.1 Other _______________________________ ________ x ____ = ________ “Water Efficient Landscape Requirements” ________ x ___ = ________ Swimming Pool (each 100 sq-ft of pool surface) ________ x 1.0 = __________ Ɣ Use this fixture count if a previous Permit was issued utilizing the Master Bathroom Credit. (Tub may be large.) See District staff for more information.

EXISTING FIXTURE UNIT COUNT TOTAL = PROPOSED FIXTURE UNIT COUNT TOTAL = In completing the Water Release Form, the undersigned acknowledges that any discrepancy or mistake may cause rejection or delay in processing of the application. Additionally, the undersigned is responsible for accurately accounting for all water fixtures. If the fixture unit count changes without notification to the District, or if a difference in fixtures is documented upon official inspection, Water Permits for the property may be canceled. In addition, water fixtures installed without a Water Permit may be cause for interruption of the water service to the Site, additional fees and penalties, the imposition of a lien on the property, and deduction of water from the local Jurisdiction’s Allocation. The property owner/Applicant is required to notify the District and provide Construction Plans as appropriate for each change in the Project made prior to use or occupancy that may affect the Sroject’s Capacity to use water. “PUBLIC ACCESS TO WATER RECORDS” DEED RESTRICTION IS REQUIRED FOR ALL WATER PERMITS.

6. I certify under penalty of perjury that the information provided on this Water Release Form & Water Permit Application is to my knowledge correct, and the information accurately reflects water use presently planned for this property.

Signature of Owner/Agent Date
AUTHORIZATION FOR WATER PERMIT – JURISDICTION USE ONLY
Date:

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MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

NON-RESIDENTIAL WATER RELEASE FORM AND WATER PERMIT APPLICATION NOTE: When approved and signed by the Jurisdiction this form must be submitted with final and complete Construction Plans to:
[email protected]
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1. OWNERSHIP INFORMATION: 2. AGENT/REPRESENTATIVE INFORMATION:
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3. PROPERTY INFORMATION:
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4. Type of Non-Residential Use:

5. Project Description
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Attachment 8

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 5, 2025

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Anna Ginette, AICP, Community Planning & Building Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Receive a presentation and provide direction on the 2025 Fire Hazard Severity Zone map, Wildland-Urban Interface areas and associated Carmel-by-the-Sea Municipal Code modifications (Estimated time - 60 min)
RECOMMENDATION:

Staff recommends the City Council:

1. Find that receiving a presentation and providing direction is not a project under CEQA as defined in Public Resources Code Section 21065 and CEQA Guidelines Section 15378;

2. Receive staff presentation on the updated 2025 Fire Hazard Severity Zone map, WildlandUrban Interface area, and associated Carmel-by-the-Sea Municipal Code modifications; and

3. Discuss how the updated 2025 Fire Hazard Severity Zone map reflects changes in land use development and whether or not the existing Wildland-Urban Interface area should be expanded; and

4. Direct staff on returning with associated modifications to the Carmel-by-the-Sea Municipal Code.

BACKGROUND/SUMMARY:

EXECUTIVE SUMMARY
California law requires the State Fire Marshal designate fire hazard severity zones (FHSZ), based on fuel loading, slope, fire weather and other relevant factors, such as wind. The law also requires the State Fire Marshal periodically review these zones to determine if zones or ratings should be revised or repealed.

This is to ensure an accurate reflection of areas susceptible to wildfire based on new science, climate data and fire assessment modeling.

There are effectively two guiding documents that address wildfire risk in the City: 1) The FHSZ Map, and; 2) the City’s adopted Community Wildfire Protection Plan. The current FHSZ map (2011) designates 221 acres within the boundaries of the City of Carmel-by-the-Sea as a Very High FHSZ. In 2024, the city, in collaboration with the City of Monterey, City of Pacific Grove, the Monterey Fire Department and CAL FIRE adopted a Community Wildfire Protection Plan
1 (CWPP) This plan classified 334 acres of city lands as a Wildland-Urban Interface (WUI) area, which is defined as a zone where human development meets or intermingles with wildland or vegetative fuels.

On March 10, 2025, the State Fire Marshal released the updated FHSZ map within the city. This map includes two new severity zones: High and Moderate. City lands designated as Very High in 2011 increased in total acreage, from 221 to 278 acres. In addition, 110 acres are now designated as High and 100 acres are now designated as Moderate.

Pursuant to state law, local jurisdictions shall adopt updated FHSZ maps by ordinance within a specified amount of time of their release from the State. Local jurisdictions do not have the ability to decrease the level of hazard severity identified by the State Fire Marshal. However, local jurisdictions do have the discretion to increase the level of hazard severity.

Fire Hazard Severity Zones and WUI intersect with local land use through state law, including the California Building Code. For example, there are specific construction and defensible space requirements for properties located in any FHSZ or WUI. As such, a change to a property’s designation could result in a change to its regulatory environment.

Essentially, Council is being asked to consider whether to adopt the FHSZ maps as-is, or to self-impose additional designations, such as “WUI” within the City to address wildfire risk.

DISCUSSION
The discussion below provides a summary of state law requirements (i.e. Government Code [GC], Public Resources Code [PRC], California Code of Regulations [CCR] and the California Fire Code [CFC]) and provides a background explanation of the purpose and objective of fire hazard severity zone (FHSZ) maps.

Changes between the adopted 2011 and updated 2025 FHSZ map are identified as are the resulting potential changes to land use requirements. The report concludes with discussion points and next steps for which staff seeks direction.

Background
The City of Carmel-by-the-Sea is within a Local Responsibility Area 2 (LRA), and fire protection service is
provided by the City of Monterey Fire Department. State law requires that lands within an LRA have a FHSZ designation as identified by the State Fire Marshal (Attachment 1 – GC 51178).

The purpose and objective of FHSZ mapping and designation is to identify areas where there is potential for wildfire spread. These severity zones are based on the evaluated hazard of an area, as opposed to risk potential. The criteria for determining Moderate, High and Very High FHSZs include physical conditions that create expected fire behavior such as fuel loading (the amount of combustible material present), slope (topography and vegetation which can create a fuel ladder), fire weather (temperature, humidity, precipitation and atmospheric stability) and wind speed.

In 2022, Assembly Bill (AB) 211 was enacted amending GC section 51179 (see Attachment 1) requiring local agencies to designate Moderate and High FHSZs as identified and recommended by the State Fire Marshal through adoption of an ordinance within their Local Responsibility Area (LRA). Prior to this amendment, LRAs were only required to identify Very High FHSZ areas. This law requires local agencies to adopt the required ordinance within 120 days of receiving the recommendations from the State Fire Marshal.

As explained in the Executive Summary above, local jurisdictions cannot adopt maps which decrease the severity identified by the State Fire Marshal. However, if a local jurisdiction finds that implementing the requirements listed in GC Section 51182 (see Attachment 1) is necessary for effective fire protection within a particular area, maps can be adopted with an increase to severity.

Updated FHSZ Maps
As discussed above, the 2011 FHSZ map designated 221 acres of Very High FHSZ areas at the northern, eastern and southeastern portions of the city (see Figure 1 and Attachment 2). With adoption of AB 211 and updated data and modeling, the 2025 FHSZ map (see Figure 2 and Attachment 3) produced by the State Fire Marshall illustrates an increase to the Very High FHSZ areas (from 221 to 278 acres), newly designated High FHSZ areas (110 acres) and newly designated Moderate FHSZ areas (100 acres).

The Effect of Updated FHSZs on Development
California Building Code (CBC) Chapter 7A and California Fire Code (CFC) Chapter 49 (see Attachment 1) provide minimum standards to reduce the likelihood of life and property loss due to wildfire. These standards apply to LRA areas designated as Very High, High or Moderate or Wildland-Urban Interface
3 (WUI) and include specific requirements for enhanced construction methods, vegetation management and defensible space. The CBC is incorporated into the City of Carmel-by-the-Sea Municipal Code (CMC) Title 15 and the CFC is incorporated in CMC Chapter 15.55, California Fire Code.

These enhanced construction methods include, but are not limited to, Class A rated roofing assembly; wildfire flame and ember resistant vents; noncombustible or ignition resistant exterior wall coverings; tempered pane windows, skylights and doors; and decking comprising of State Fire Marshal approved ignition resistant or noncombustible material.

Vegetation management requirements include installation and maintenance of an approved landscape plan delineating fuel management zones, existing vegetation to remain, new vegetation, and irrigation areas. New planting is limited to only fire-resistant vegetation, except for trees planted at least 30-feet from a combustible structure.

Defensible space requires implementation of fuel reduction methods within 100 feet of a structure, but not beyond the property line, and is made up of three zones. “Zone 0” is the immediate area 5 feet from a building and includes surfaces of the structure itself, plants, decks and outdoor furniture. This zone should be maintained with noncombustible material to prevent embers from igniting the structure as it is most vulnerable and should be aggressively maintained to be fire resistant. “Zone 1” is the intermediate area between 5 and 30 feet from a building and should be kept “clean and green” and clear of debris, such as dead/dry leaves plants, grass and weeds to moderate fire behavior. “Zone 2” is an extended zone 30+ feet from a building where fuels should be reduced and maintained.

The Effect of Updated FHSZs on Property Insurance
Insurance companies use independent risk models to determine rates and coverage. These models consider the potential susceptibility of structure damage resulting from short-term factors such as fire. Cal Fire hazards modeling used to develop FSHZ maps consider expected fire behavior over a 50+ year period. As such, the key differences between the two methodologies for modeling are analyzing risk factors that change frequently versus analyzing hazard factors that remain steady and change little over time. In 2022, the California Department of Insurance adopted specific requirements (see Attachment 1, CCR Section 2644.9) for insurance companies utilizing a Wildfire Risk Model summarized above. These regulations allow for discounts for implementation of property-level mitigation efforts. These efforts appear to be in line with CBC Chapter 7A and CFC Chapter 49 requirements (e.g. defensible space and building hardening).

Although state law requires specific hazards modeling to determine rates and coverage, there appears to be a recent concentration of canceling insurance policies within the Very High FHSZ throughout the state.

The Effect of the Community Wildfire Protection Plan & WUI on Development In comparison between Figures 1 and 2 above, some areas that were designated as Very High FHSZ (predominantly within the Mission Trails Nature Preserve area) in 2011 now either have no designation or were reduced to High or Moderate severity. However, the Community Wildfire Protection Plan (CWPP) classifies the now undesignated land as WUI area (see Attachment 4). In other words, there is a conflict between the State’s perception of wildfire risk and that of our local fire protection agency.

CBC Chapter 7A and CFC Chapter 49 regulations to enhance construction methods still apply to development in these WUI areas, regardless of their FHSZ designation. Further, City of Carmel-by-theSea Standard Operating Guidance (SOG) No. 18-04, extends certain wildfire exposure protection requirements throughout the city, not just the Very High FHSZ/WUI area. These measures include Class A roofing assembly for new, or the replacement of 25% or more of a roof, installation of spark arresters, and fire sprinkler systems for new construction or the removal or replacement of 50% or greater of the length of interior and exterior walls within a 5-year period. CMC Section 15.55.100.37 requires implementation of standard defensible space requirements.

Discussion Points/Next Steps
The adoption of the FHSZ map presents the City Council with an opportunity to look at wildfire hazards within the city as a whole and determine the proper next steps to address wildfire hazards throughout the city. In other words, it provides the option to address wildfire risk above and beyond what is called out on the State’s map. Critical decision points and possible next steps include:

1. Adopt the 2025 FHSZ map by ordinance and take no further action; or

2. Adopt a revised FHSZ map by ordinance, and in addition retain areas within the 2011 map designated as Very High which were removed by the State; or

3. Adopt the 2025 FHSZ map by ordinance and amend the CWPP to designate some or all areas within the city boundaries as WUI.

Analysis of options

1. Adopt the 2025 FHSZ map by ordinance and take no further action.

This option meets the minimum requirements of state law and implementation requires the City Council to adopt the 2025 FHSZ map provided by the State Fire Marshal through adoption of an ordinance amending CMC Section 15.08.010. Within 30 days of adoption, the City Council is required to provide a copy of the ordinance to the State Board of Forestry and Fire Protection and post a notice with the County of Monterey identifying the location of the map.

This option would result in applying the enhanced construction methods, vegetation management and defensible space requirements (CBC Chapter 7A and CFC Chapter 49) within areas that are now designated Very High, High and Moderate. These requirements would remain in effect within the WUI area.

2. Adopt the 2025 FHSZ map by ordinance AND add back in areas within the 2011 map designated as Very High which were removed by the State.

Effectively, this would be expanding the very high severity zone wider than what is shown on the 2025 map.

This option would require the City Council to make a finding, supported by substantial evidence, that the requirements of GC Section 51182 are necessary for effective fire protection within that area. Adoption of an ordinance, transmittal to the State Board of Forestry and Fire Protection and noticing requirements are the same as above.

The applicability of development requirements would be same as Option 1 above. However, there would be potential for: a) the State Fire Marshal disagreeing with the City’s proposed designation, or b) the State Fire Marshal lessening the severity designation, similar to the changes between the 2011 and 2025 FHSZ map.

It is worth noting again that although state law requires insurance companies to conduct specific hazards modeling to determine rates and coverage, there appears to be a recent concentration of canceling insurance policies within the Very High FHSZ throughout the state. So the council should consider the potential impacts on insurance policies by increasing the mapped FHSZ areas.

3. Adopt the 2025 FHSZ map by ordinance and amend the CWPP to capture all areas within the city boundaries as WUI.

The option is similar to the first listed. However, and in addition, the City Council would amend the CWPP to extend the WUI boundary areas to the city limits.

Enhanced construction methods, vegetation management and defensible space requirements (CBC Chapter 7A and CFC Chapter 49) would be applicable throughout the entire city, regardless of a property’s FHSZ designation. Further, these requirements would remain applicable should there be future changes by the State Fire Marshal (increasing or decreasing severity designations).

Staff Recommendation
Staff recommends the City Council consider the third option and adopt the 2025 FHSZ map by ordinance and amend the CWPP to designate all areas within the city boundaries as WUI. This option would avoid the need to prepare qualitative and quantitative data to support the required finding. While current local codes require wildfire exposure protection measures listed above (SOG No. 18-04), this action would result in an increase to land use development requirements of CBC Chapter 7A and CFC Chapter 49 within the nondesignated areas and outside of the WUI (generally west of Junipero and south of 10 th Avenue).

As advised by the Monterey Fire Department, staff also recommends the City Counsel adopt an ordinance incorporating PRC Section 4291 (see Attachment 1) within the CMC. This provides the city and fire department clear police powers to enforce defensible space requirements as this is currently done through CMC Chapter 15.57, Property Nuisances.

Further, the City Council may consider adopting an urgency ordinance to allow wildfire protection measures during the interim. These measures could include a prohibition of wood shake roofs, making a site coverage exception for gravel or other non-combustible material installed within Zone 0, and incorporate defensible space enforcement actions provided in PRC Section 4291. Other measures deemed necessary by Council could also be included within an urgency ordinance.

Environmental Review
The agenda item before the City Council consists of presenting information to facilitate a discussion on how the City of Carmel-by-the-Sea maintain or increase land use requirements relative to wildfire. It is not an activity that would result in either a direct or indirect physical change to the environment. Therefore, it is not a project under CEQA as defined in Public Resources Code Section 21065 and CEQA Guidelines Section 15378.
1 “Community Wildfire Protection Plans” are collaborative, strategic plans that identify areas of high wildfire risk and potential projects intended to mitigate such risk. These plans identify and establish wildland-urban interface areas.
2 “Local Responsibility Area” means areas of the state in which the financial responsibility of preventing and suppressing fires is the primary responsibility of a city, county, city and county, or district. 3 “Wildland-Urban Interface (WUI)” is geographic area where urban development either abuts, intermingles, or intermixes with wildland vegetation and where a local agency has identified the area to be at a significant risk from wildfires.

FISCAL IMPACT:

None associated with this matter.

PRIOR CITY COUNCIL ACTION:

No prior action regarding this matter as the State published the newest fire severity zone maps only recently.

ATTACHMENTS:

Attachment 1 - State Regulations
Attachment 2 - 2011 Fire Hazard Severity Zone Map
Attachment 3 - 2025 Updated Fire Hazard Severity Zone Map Attachment 4 - 2024 Wildland-Urban Interface Map
Attachment 1
Attachment 1
State of California

GOVERNMENT CODE
Section 51178
51178. The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread. (Amended by Stats. 2021, Ch. 382, Sec. 2.5. (SB 63) Effective January 1, 2022.) State of California

GOVERNMENT CODE
Section 51179
51179. (a)  A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178. (b)  (1)  A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area. (2)  A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. (3)  A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency.
(c)  The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) to the State Board of Forestry and Fire Protection within 30 days of adoption.
(d)  Changes made by a local agency to the recommendations made by the State Fire Marshal shall be final and shall not be rebuttable by the State Fire Marshal. (e)  The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones. (f)  Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section. (g)  A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map.
(Amended by Stats. 2022, Ch. 574, Sec. 10. (AB 211) Effective September 27, 2022.) State of California

GOVERNMENT CODE
Section 51182
51182. (a) A person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied structure within a very high fire hazard severity zone designated by the local agency pursuant to Section 51179, shall at all times do all of the following:
(1) (A) Maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line except as provided in subparagraph (B). The amount of fuel modification necessary shall consider the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained and spaced in a condition so that a wildfire would be unlikely to ignite the structure. This subparagraph does not apply to single specimens of trees or other vegetation that are well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being used between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure, based on regulations promulgated by the State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. The regulations may also alter the fuel reduction required between 5 and 30 feet to integrate the ember-resistant zone into the requirements of this section. Consistent with fuels management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds. (B) A greater distance than that required under subparagraph (A) may be required by state law, local ordinance, rule, or regulation. Fuel modification beyond the property line may only be required by state law, local ordinance, rule, or regulation in order to maintain 100 feet of defensible space from a structure. Fuel modification on adjacent property shall only be conducted following written consent by the adjacent landowner.

The guidance document shall include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species that are fire resistant or drought tolerant, or both, minimize erosion, minimize the spread of flammable nonnative grasses and weeds, minimize water consumption, and permit trees and shrubs near homes for shade, aesthetics, and habitat; and suggestions to minimize or eliminate the risk of flammability of nonvegetative sources of combustion such as woodpiles, propane tanks, decks, and outdoor lawn furniture. (2) On or before January 1, 2023, the State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, shall update the guidance document to include suggestions for creating an ember-resistant zone within five feet of a structure based on regulations promulgated by the State Board of Forestry and Fire Protection, in consultation with the Office of the State Fire Marshal, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. Existing and new structures shall meet the same standard for the ember-resistant zone, but regulations shall allow the staging of work for existing structures to support implementation of the ember-resistant zone and address the costs of compliance.
(d) For purposes of this section, a structure for the purpose of an ember-resistant zone shall include any attached deck. This section does not limit the authority of the State Board of Forestry and Fire Protection or the Office of the State Fire Marshal to require the removal of fuel or vegetation on top of or underneath a deck pursuant to this section.
(Amended by Stats. 2024, Ch. 982, Sec. 1. (SB 504) Effective January 1, 2025.) Attachment 1
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• •
1 - • •
In re:

Department of Insurance
Regulatory Action:

Title 10, California Code of Regulations
~4dopt sections: 2644.9
Amend sections:

Repeal sections:

NOTICE OF APPROVAL OF REGULATORY
ACTION
Government Code Section 11349.3
OAL Matter Number: 2022-0901-05
OAL Matter Type: Regular (S)
In this regular rulemaking action, the Department of Insurance adopts requirements for insurers to reflect and take into account specified mitigation factors in their rating plans for the purposes of segmenting rates, creating a risk differential, or surcharging a premium due to wildfire risk.

OAL approves this regulatory action pursuant to section 11349.3 of the Government Code. This regulatory action becomes effective on 10!14/2022.

Date: October 14,.2022...._
Amy R. Gowan
Senior Attorney
For: Kenneth J. Pogue
director
Original: Ricardo Lara, Commissioner
Copy:. George Teekell
Attachment 1
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AGENCY FILE NUMBER (ffany) California Department of Insurance REG-2020-00015 A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)

1. SUBJECT OF N0710E TITLElSI FIRS7SECTtON AFFECTED 2. REQUESTED PUBLICATION DATE Mitigation in Rating Plans &Wildfire Risk Modem 10 2644.9 2/25f2022 n

3. NOTICE
Notice
TYPE
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4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optionap ~~J Re uiato Action ptner George Teekell (415) 538-4390 OAL USE ACTION ON PROPOSED NOTICE i, N07~~ ~~GISTER NUMBER PUBL,CAT~ON DATE AfVI~Y Approved as Approved as Disappcovecir ~ r ~-"s
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3. TYPE OF FILING
~2egutar Rulemaking (Gov. ❑Certificate of Compliance: The agency officer named ❑Emergency Readopt ❑Changes Without «~-~Cod~ §11346) below certifies that this agency complied with #!1z (Gov. Code, §11346.1(h)) Regulatory Effect (CaL ~Resubmittal of disapproved provisions of Gov. Code §§11346.2-11347.3 eidter Code Regs : title 1, 8100) pr withdrawn nonemergency before the emergency regulation was adopted pr #cling (Gov. Code §§11349.3, w~~in the time period required by statute ~ File $Paint ~ Print Only 11349.4) ❑Emergency (Gov. Code, n Resubittittal of disapproved or withdrawn ~ ptiyer(Specify) §11346.1(b)) ~—emergency fling (Gov. Code, §i1346.1)

4. Ail BEGINNING AND ENDiKG ATE3 pF AVA LI7Y 0~ MODi_ FIED EGULATIONS ANp/0R MATERtA~ ADDED TO THE RU~EMAKING FILE (CaL Code Regs. title 1, §44 and Gov. Code §11347.1) ~~
~~

5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ 1134 71346.1(d): Cal. Code Regs_, title 1, §100 ) Effective January 1, April 1, Juiy 1, or ~ective on flung with §100 Changes Without~"'~ effective o1#~er October 1 (Gov. Code §11343;4{a)) ~Secretary of State ~ Regulatory Effect (J (Specify)

6. CHECK IF THESE REGUlA710NS REQUIRE NOTICE T0. OR REVIEW. CONSULTATION, APPROVAL OR CONCURRENCE 8'f, p(~THER AGENCY OR ENTITY Department of Finance (Form STD. 399} (5AM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal .Other {SpecitY),

7. 0QjV~TACT P/E~R~S J T PH E NUMBER,~'/ FAX NUMBER (OpBonap -MAIL A ARE (Opti I) e
of
1 certify
the regulations)
that the attached copy of the regulations) is a true and correct copy For use by office of admini drive yaw (oat) only identified on this form, that the information specified on this foam istrue and correct; and that ! am the head of the agency taking this action, or a designee of the head of the agency, and am authorized to make this certification, __..,
SIGNATURE OF AGENCYHEAO'~-QE~£N~E
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Attachment 1

STATE OF CALIFORNIA

DEPARTMENT OF INSURANCE
300 Capitol Mall,l7th Floor
Sacramento, CA 95814

FINAL TEXT OF REGULATION

MITIGATION IN RATING PLANS AND WILDFIRE RISK MODELS
September 1, 2022 REG-2020-00015
Title 10. Investment
Chapter 5. Insurance Commissioner
Subchapter 4.8. Review of Rates
Article 4. Determination of Reasonable Rates
Adopt: Section 2644.9. Consideration of Mitigation Factors; Wildfire Risk Models. (a) Applicability.
(1) An insurer that applies or uses a rate that is developed with, determined by or relies upon, in whole or in part, a rating plan that segments, creates a rate differential, or surcharges the premium based upon a policyholder or applicant's wildfire risk shall comply with this Section 2644.9. If a rate that is developed with, determined by or relies upon a rating plan that complies with this section is appra~ed, in whole-or in-part, and thereafter-such rating-plan is replaced, or modified in any manner, including but not limited to, the inclusion of new factors, or different criteria or algorithms, the insurer shall, prior to implementing the new ar modified rating plan, file a new rate application, which shall include the new or modified rating plan. No such new or modified rating plan shall be used unless and until the new rate application is approved.
(2) A rating plan shall satisfy the requirements of subdivision (d)(1) of this Section 2644.9 only if the rating plan taken as a whole, including the operation of any Wildfire Risk Models that may be incorporated into the rating plan, takes into account and reflects the factors described in subdivisions (d)(1)(A) and (d)(1)(B} of this section. Nothing in this section shall be construed to require the use of a Wildfire Risk Model.
1 Attachment 1
(b) Definitions.

As used in this section, each of the following terms has the meaning set forth below:
(1) Building Being Evaluated.

The term `Buildrng Being Evaluated" means the residential or commercial structure in question, and includes decks that are attached to or abut the structure. (2) Class-A Fire Rated Roof.

The term "Class-A Fire Rated Roof' has the same meaning as in the Chapter 7A California Building Code (2019) as modified by the July 2021 supplement thereto, codified at Section 705A.1 of Part 2 of Title 24. (3) Enclosed Eaves.
"Enclosed Eaves" are roof eaves that have either (1) boxed-in roof eave soffits with a horizontal underside or (2) an exterior covering applied to the underside of the rafter tails supporting the eaves, which covering is sloped corresponding to the slope of the rafter tails. Enclosed Eaves are thus distinguishable from open roof eaves, whose rafter tails are exposed.
(4) Fire-Resistant Vents.

The term "Fire-Resistant Vents" has the same meaning as in the Chapter 7A California Building Code (2019} as modified by the July 2021 supplement thereto, codified at Sections 706A.1 and '706A.2 of Part 2 of Title 24. (5) FirewiseUSA Site in Good Standing.

A "Firewise USA Site in Good Standing" is a community that, at the time the Building Being Evaluated is rated, is recognized as such by the National Fire Protection Association, a Massachusetts 501(c)(3) corporation. (6) Wildfire Risk Model.
(A) The term "Wildfire Risk Model" means any tool, instrumentality, means or product, including but not limited to a map-based tool, a computerbased tool or a simulation, that is used by an insurer, in whole or in part, to Attachment 1
measure or assess the wildfire risk associated with a residential or commercial structure for purposes of:

1. Classifying individual structures according to their wildfire risk; or

2. Estimating losses corresponding to such wildfire risk classifications.
(B) The term "Wildfire Risk Model" does not include models used for purposes of projecting aggregate losses under Section 2644.4 or 2644.5. (c) Wildfire Risk Models to be provided to the Commissioner.

Pursuant to Insurance Code section 1861.05, subdivision (b), any Wildfire Risk Model, as defined in subdivision (b)(6) of this section, that is used, in whole or in part, in an insurer's rating plan shall be provided to the Commissioner as part of an insurer's complete rate application.
(d) Mandatory factors.
(1) No insurer shall use a rating plan that does not take into account and reflect the following mandatory factors:
(A) Community-level mitigation designations: The rating plan sha11 reflect, and the rate offered to the applicant or insured shall be based in part on, the reduced wildfire risk associated with each and every community-level mitigationdesignationlistedbelowinthiss~bdivision(d)(1)(A)thatis applicable to the community in which the Building Being Evaluated is located. Community-level mitigation designations include:

1. Fire Risk Reduction Community listed by the Board of Forestry pursuant to Public Resources Cade section 4290.1; and

2. Firewise USA Site in Good Standing.
(B) Property-level mitigation efforts.

The rating plan shall reflect, and the rate offered to the applicant or insured sha11 be based in part on, the reduced wildfire risk resulting from each and every property-level wildfire risk mitigation effort listed in subdivisions (d)(1)(B)l.a. through (d)(1)(B)l.e. and (d)(1)(B)2.a. through (d)(1)(B)2.e., below, that is undertaken with respect to an individual 3 Attachment 1
property being assessed for risk. Individual property-level wildfire risk mitigation efforts include:

1. Measures addressing the immediate surroundings of the Building Being Evaluated, including:
a. Clearing of vegetation and debris from under decks,
b. Clearing of vegetation, debris, mulch, stored combustible materials, and any and all movable combustible objects, from the area within five (5) feet of the Building Being Evaluated,
c. Incorporation of only noncombustible materials into that portion of any improvements to the property on which the Building Being Evaluated is located, including fences and gates, which is situated within five (5) feet of the Building Being Evaluated,
d. Removal or absence of combustible structures, including sheds and other outbuildings, from the area within
thirty (30) feet of the Building Being Evaluated or, in the event that the applicant or insured does not control the entirety of the area extending thirty feet from the Building Being Evaluated, removal of combustible structures from as much of such. area as is under the control of the. applicant..... or policyholder, and
e. Whether the property upon which the Building Being
Evaluated is situated complies with Section 4291 of the Public Resources Code, and any applicable local
ordinances, governing defensible space; and

2. Building hardening measures, including provision of the following:
a. Class-A Fire Rated Roof,
b. Enclosed Eaves,
c. Fire-Resistant Vents,
Attachment 1
d. Multipane windows, including dual pane windows, or
functional shutters, which when closed, cover the entire window and do not have openings, and
e. At least six (6) inches of noncombustible vertical clearance at the bottom of the exterior surface of the building,
measured from the ground up.
(2) No later than one hundred eighty (180) days following the date this section is filed with the Secretary of State, each insurer shall file a rate application that incorporates a rating plan that includes the factors described in subdivision (d)(1) of this section.
(e) Optional factors.

An insurer may use a rating plan which incorporates other factors that the insurer demonstrates are substantially related to risk of wildfire loss, and do not result in rates that are excessive, inadequate or unfairly discriminatory. These optional factors may include, but are not limited to:
(1) Fuel: This factor shall take into account the various types of combustible materials, and the density of those materials, in the vicinity of the Building Being Evaluated,- including the location of trees, grass, brush, and other vegetation relative to the structure. The fuel factor shall take into account the fact that different fuels burn at different rates and intensities, resulting in different levels of wildfire risk. If used, this factor shall reflect the historic and estimated impact on losses related to fuel, as described in this subdivision (e)(1). (2) Slope: This factor shall take into account the position of the Building Being Evaluated on a slope relative to potential sources of ignition, and the steepness of the slope between those potential sources of ignition and the structure. If used, this factor shall reflect the historic and estimated impact on losses related to slope, as described in this subdivision (e)(2).
(3) Access: Access reflects the ease or difficulty with which firefighting personnel and equipment can reach structures at risk of wildfire. The access factor shall include consideration of the presence of dead-end roads, road width, shoulders, and availability of multiple access points with respect to the Building Being Evaluated. If used, this factor sha11 reflect the historic and estimated impact on losses related to access, as described in this subdivision (e)(3). (4) Aspect: The aspect factor shall reflect the direction the slope upon which the Building Being Evaluated is located faces. If used, this factor shall reflect the historic and estimated impact on losses related to aspect, as described in this subdivision (e)(4).

Attachment 1
(5) Structural characteristics: The structural characteristics factor shall reflect the materials used in the construction, and may reflect such items as the design, of the Building Being Evaluated. The structural characteristics factor shall not reflect the construction materials or any other item the insurer is required to take into account pursuant to subdivision (d) of this section. If used, the structural characteristics factor shall reflect the historic and estimated impact on losses related to structural characteristics, as described in this subdivision (e)(5). ~~
{g)
(6) Wind: The wind factor shall take into account the degree to which wind speed and direction in the vicinity of the Building Being Evaluated may impact a wildfire's progression. If used, the wind factor shall reflect the historic and estimated impact on losses related to wind, as described in this subdivision (e)(6). (7) Other community-level or property-level mitigation efforts, or designations, not specified in subdivision (d) of this section as recommended by a state or localfire safety agency or organization as reducing wildfire risk.

Availability for public inspection.

Any rating plan, or Wildfire Risk Model submitted to the Commissioner in connection with a complete rate application pursuant to subdivision (c) of this section, or any additional documentation relating to such rating plan or model as may be requested by the Commissioner during the review of any such application, including any records, data, algorithms, computer programs, or any other information used in connection with the rating plan or_Wildfire Risk Model used by the insurer which is provided to the Commissioner, shall be available for public inspection pursuant to Insurance Code sections 1861.05, subdivision (b), and 1861.07, regardless of the source of such information, or whether the insurer or the developer of'the rating plan or Wildfire Risk Model claims the rating plan or Wildfire Risk Model is confidential, proprietary, or trade secret. Pursuant to Insurance Code section 1855.5, subdivision (a), a Wildfire Risk Model as defined in subdivision (b)(6) of this section that is made available by an advisory organization to its members for use in California shall be filed with the Commissioner and made available for public inspection.

Credible data.

Any rate application shall incorporate the insurer's own California wildfire loss data to the extent that it is credible to support each segment, rating differential, or surcharge being requested. To the extent the insurer's own California data is not fully credible, the insurer shall credibility-weight its data with an appropriate complement of credibility to support each segment, rating differential, or premium surcharge. If the Commissioner aggregates California premium-and-loss data by wildfire risk to create a fire and wildfire exposure risk manual pursuant to Insurance Code section. 929.2, an insurer may rely on the then-current version of the manual as support for each segment, rating differential, or surcharge being requested in connection with a residential property rate application, D
Attachment 1
either directly or as a complement of credibility to the insurer's own California wildfire loss data.
(h) Provision of wildfire risk score or other wildfire risk classification to policyholder or applicant.

An insurer utilizing a Wildfire Risk Model, or rating factor, to segment, create a rate differential, or surcharge the premium based upon the policyholder or applicant's wildfire risk shall, within one hundred eighty (180). days after the date this section is filed with the Secretary of State, implement a written procedure to provide, in writing, to each such policyholder or applicant for property insurance the wildfire risk score or other wildfire risk classification used by the insurer to segment, create a rate differential, or surcharge the premium based upon the policyholder or applicant's wildfire risk. The insurer shall provide to the policyholder or applicant such wildfire risk score or classification at the following times:
(1) No later than fifteen (15) days following the submission to the insurer of the applicant's completed application;
(2) At least forty-five (45) days prior to each renewal; (3) At least seventy-five (75) days prior to any nonrenewal; and (4) In the event that the policyholder or applicant has completed a mitigation measure on the subject property since the time of the last application to or renewal by the insurer, no later than thirty (30) days following the submission to the insurer of the policyholder or applicant's request that the insurer provide a revised wildfire risk score or wildfire risk classification.
(i) Policyholder or applicant's right to appeal.

The procedure described in subdivision (h) of this section shall permit a policyholder under, or applicant for, a policy of property insurance who disagrees with the assignment of the wildfire risk score, or other wildfire risk classification, provided to the policyholder or applicant pursuant to that subdivision the right to appeal orally or in writing that assignment directly to the insurer. The insurer shall notify the policyholder or applicant in writing of this right to appeal the wildfire risk score or other wildfire risk classification whenever such score or classification is provided to the policyholder. ar applicant as set forth in subdivision (h) of this section. If the policyholder or applicant appeals the wildfire risk score or other wildfire risk classification, the insurer shall acknowledge receipt of the appeal in writing within ten (10) calendar days of receipt of the appeal. The insurer shall respond to the appeal in writing with a reconsideration and decision within thirty (30} calendar days after receiving the appeal, In the event that an 7 Attachment 1
appeal is denied, the insurer shall, upon request by the Department, forward a copy of the appeal, and the insurer's response, to the Department.
(j) Representation by broker or agent.

If the policyholder or applicant is represented by a broker, or the insurer is represented by an insurance agent with respect to the policyholder's policy or the applicant's application, the policyholder or applicant may appeal orally or in writing to the agent or broker the assignment of wildfire risk score or other wildf re risk classification, who shall then forward that appeal to the insurer no later than five (5) calendar days after receiving the appeal from the policyholder or applicant. The insurer shall acknowledge receipt of the appeal in writing to the policyholder or applicant and the agent or broker no later than five (5) calendar days after receipt of the appeal from the broker or agent. The insurer shall respond to the appeal to the policyholder or applicant and the agent or broker with a written reconsideration and decision of the appeal within thirty (30) calendar days after receiving the appeal from the broker or agent. In the event that an appeal is denied, the insurer shall, upon request by the Department, forward a copy of the appeal, and the insurer's response, to the Department.
(k) Explanation of wildfire risk score or other wildfire risk classification.

Whenever a wildfire risk score, or otiher wildfire risk classification used by the insurer to segment, create a risk differential or surcharge the premium for a particular policyholder or applicant, is identified or provided to the policyholder ar applicant pursuant to subdivision {h) of this section, the insurer shall also provide in writing:
(1) The range of such scores or classifications that could possibly be assigned to any policyholder or applicant;
(2) The relative position of the score or classification assigned to the policyholder or applicant in question within that range of possible scores or classifications, and the impact of the score or classification on the rate or premium; and (3) A detailed written explanation of why the policyholder or applicant received the assigned score or classification; the explanation shall make specific reference to the features of the property in question that influenced the assignment of the score or classification.

The insurer shall provide, in addition, the following information:
(A) Which mitigation measure or measures can be taken by the policyholder or applicant to lower the wildfire risk score or classification; and (B) The amount of premium reduction the policyholder or applicant would realize as a result of performing each such measure under the insurer's rating plan that is in effect at the time.

Attachment 1
(~ Notification to policyholder or applicant of right to contact Department in connection with insurer's response to appeal.

When an insurer responds to the applicant or policyholder in connection with an appeal pursuant to subdivision (i) or (j) of this section, it shall also notify the policyholder or applicant in writing that the policyholder or applicant may contact the Department of Insurance for assistance if the policyholder or applicant disagrees with the insurer's written reconsideration and decision. In any event, the insurer shall provide the policyholder or applicant with the Department of Insurance toll-free consumer hotline and web address of the Department's Consumer Complaint Center. (m) No curtailment of applicant or policyholder's rights.

Nothing in this section shall be construed to limit the right of an applicant or policyholder to complain directly to the Commissioner at any time or to pursue any other remedy or other action allowed under California or federal law.
(n) Inapplicability to certain commercial policies.

This section shall not apply to a commercial policy insuring multiple locations, none of whose wildfire risk is considered in rating the policy.

No`rE: Authority cited: Sections 1858, 1859, 1861.01, 1861.05 and 1861.07, Insurance Code; 20th Centu~~y v. GaNamenc~i, 8 Cal.A~th 216 (1994). Reference: Sections 1851, 1855.5, 1858, 1861.05, 1861.Q7 and 1861.13, Insurance Code.

E
Attachment 1
State of California

PUBLIC RESOURCES CODE
Section 4291
4291. (a)  A person who owns, leases, controls, operates, or maintains a building or structure in the state responsibility area shall at all times do all of the following:
(1)  (A)  Maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line, except as provided in subparagraph (B). The amount of fuel modification necessary shall consider the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained and spaced in a condition so that a wildfire would be unlikely to ignite the structure. This subparagraph does not apply to single specimens of trees or other vegetation that are well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being utilized between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure, based on regulations promulgated by the board, in consultation with the department, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. The regulations may also alter the fuel reduction required between 5 and 30 feet to integrate the ember-resistant zone into the requirements of this section. Consistent with fuels management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds. For purposes of this subparagraph, “fuel” means any combustible material, including petroleum-based products, cultivated landscape plants, grasses, and weeds, and wildland vegetation.
(B)  A greater distance than that required under subparagraph (A) may be required by state law, local ordinance, rule, or regulation. Fuel modification beyond the property line may only be required by state law, local ordinance, rule, or regulation in order to maintain 100 feet of defensible space from a structure. Fuel modification on adjacent property shall only be conducted following written consent by the adjacent landowner.

Any local ordinance related to fuel modification shall be in compliance with all applicable state laws, regulations, and policies. Any local ordinance may include provisions to allocate costs for any fuel modification beyond the property line. (C)  An insurance company that insures an occupied dwelling or occupied structure may require a greater distance than that required under subparagraph (A) if a fire expert, designated by the director, provides findings that the fuel modification is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure. The greater distance may not be beyond the property line unless allowed by state law, local ordinance, rule, or regulation.
(2)  Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe.
(3)  Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood.
(4)  Maintain the roof of a structure free of leaves, needles, or other vegetative materials.
(5)  Before constructing a new building or structure or rebuilding a building or structure damaged by a fire in an area subject to this section, the construction or rebuilding of which requires a building permit, the owner shall obtain a certification from the local building official that the dwelling or structure, as proposed to be built, complies with all applicable state and local building standards, including those described in subdivision (b) of Section 51189 of the Government Code, and shall provide a copy of the certification, upon request, to the insurer providing course of construction insurance coverage for the building or structure. Upon completion of the construction or rebuilding, the owner shall obtain from the local building official, a copy of the final inspection report that demonstrates that the dwelling or structure was constructed in compliance with all applicable state and local building standards, including those described in subdivision (b) of Section 51189 of the Government Code, and shall provide a copy of the report, upon request, to the property insurance carrier that insures the dwelling or structure.
(b)  A person is not required under this section to manage fuels on land if that person does not have the legal right to manage fuels, nor is a person required to enter upon or to alter property that is owned by any other person without the consent of the owner of the property.
(c)  (1)  Except as provided in Section 18930 of the Health and Safety Code, the State Fire Marshal may adopt regulations exempting a structure with an exterior constructed entirely of nonflammable materials, or, conditioned upon the contents and composition of the structure, the director may vary the requirements respecting the removing or clearing away of flammable vegetation or other combustible growth with respect to the area surrounding those structures.
(2)  An exemption or variance under paragraph (1) shall not apply unless and until the occupant of the structure, or if there is not an occupant, the owner of the structure, files with the State Fire Marshal, in a form as the State Fire Marshal shall prescribe, a written consent to the inspection of the interior and contents of the structure to ascertain whether this section and the regulations adopted under this section are complied with at all times.
(d)  The State Fire Marshal may authorize the removal of vegetation that is not consistent with the standards of this section. The State Fire Marshal may prescribe a procedure for the removal of that vegetation and make the expense a lien upon the building, structure, or grounds, in the same manner that is applicable to a legislative body under Section 51186 of the Government Code.
(e)  (1)  The board, in consultation with the State Fire Marshal, shall develop, periodically update, and post on its internet website a guidance document on fuels management pursuant to this chapter. The guidance document shall include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species that are fire resistant or drought tolerant, or both, minimize erosion, minimize water consumption, and permit trees near homes for shade, aesthetics, and habitat; and suggestions to minimize or eliminate the risk of flammability of nonvegetative sources of combustion, such as woodpiles, propane tanks, decks, outdoor furniture, barbecue equipment, and outdoor fire pits. (2)  On or before January 1, 2023, the board, in consultation with the State Fire Marshal, shall update the guidance document to include suggestions for creating an ember-resistant zone within five feet of a structure, based on regulations promulgated by the board, in consultation with the department, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. Existing and new structures shall meet the same standard for the ember-resistant zone, but regulations shall allow the staging of work for existing structures to support implementation of the ember-resistant zone and address the costs of compliance. (f)  The State Fire Marshal shall do both of the following:
(1)  Recommend to the board the types of vegetation or fuel that are to be excluded from an ember-resistant zone based on the probability that vegetation and fuel will lead to ignition by ember of a structure as a part of the update to the guidance document pursuant to paragraph (2) of subdivision (e).
(2)  Make reasonable efforts to provide notice to affected residents describing the requirements added by the amendments to paragraph (1) of subdivision (a) made in Assembly Bill 3074 of the 2019–20 Regular Session before the imposition of penalties for violating those requirements.
(g)  (1)  The requirement for an ember-resistant zone pursuant to paragraph (1) of subdivision (a) shall not take effect for new structures until the board updates the regulations, pursuant to paragraph (1) of subdivision (a), and the guidance document, pursuant to paragraph (2) of subdivision (e).
(2)  The requirement for an ember-resistant zone pursuant to paragraph (1) of subdivision (a) shall take effect for existing structures three years after the effective date for the new structures.
(h)  The department shall not change defensible space inspection practices and forms or enforcement to implement the requirement for an ember-resistant zone until the State Fire Marshal makes a written finding, which the State Fire Marshal shall post on the department’s internet website, that the Legislature has appropriated sufficient resources to do so.
(i)    For purposes of this section, a structure for the purpose of an ember-resistant zone shall include any attached deck. This section does not limit the authority of the board or the department to require the removal of fuel or vegetation on top of or underneath a deck pursuant to this section.
(j)  As used in this section, “person” means a private individual, organization, partnership, limited liability company, or corporation. (Amended by Stats. 2024, Ch. 982, Sec. 4. (SB 504) Effective January 1, 2025.)

City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:14,000 at 11" x 17"
Km 0 0.2 0.4 0.6 0.8 1
Mi 0 0.2 0.4 0.6
Very High High Moderate
Fire Hazard Severity Zones in State Responsibility Area (SRA), Effective April 1, 2024
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Carmel-by-the-Sea
San Antonio Ave
4th Ave
Mission St
Mountain View Ave
Monte Verde St
San Carlos St
Santa Lucia Ave Cam Real
Santa Rita St
Casanova St
10th Ave Junipero St
Ocean Ave
5th Ave
Dolores St
Torres St
Lincoln St
Guadalupe St
Carpenter St
8th Ave
Second Ave
11th Ave
7th Ave
12th Ave
6th Ave
Scenic Rd
Carmelo St
Santa Fe St

UNINCORPORATED
MONTEREY CO.

M O N T E
R
E Y
C
O
.

March 10, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF CARMEL-BY-THE-SEA – MONTEREY COUNTY
Attachment 3
Attachment 4

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 5, 2025

ADJOURNMENT
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Correspondence Received After Agenda Posting
RECOMMENDATION:

BACKGROUND/SUMMARY:

FISCAL IMPACT:

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

Street address correspondence #1
MST Letter
Water Allocations correspondence_Twomey
Fire risks correspondence_Smith
Street address correspondence #2
from: Constance Hess
to: [email protected]
date: May 4, 2025, 4:28 PM
subject: Home addresses
Dear City Council,
I appreciate all the work that you have been doing behind the scenes investigating house numbers implementation.

I do not believe that this needs to go on a ballot. The city council needs to vote NOW to implement addresses. This is an issue of being compliant with State Code as well as health and safety.

I have written before, in depth, about why a yes vote is important, so I won’t take up more of your time.

Respectfully,
Connie Hess - 30 year full-time resident on Torres and 11th.

Attachment 1
from: Donna Morgan
to: [email protected]
date: May 4, 2025, 3:58 PM
Dear Mayor and Members of our City Council,
I encourage you to make the necessary decision to adopt addresses for the properties in Carmel by the Sea that comply with current State Fire Code, Building Code, and USPS database. I also encourage you to end the delay. There is no necessity to bring this to the voters. You have the power to approve the work of the committee and move forward with the assignment of addresses.

For the safety and quality of life of all the citizens and visitors in Carmel by the Sea, please provide legal addresses for all City properties this year.

Thank you to the Committee for all their hard work on this important issue.

Sincerely,
Donna Morgan
Mission St between 10th and 11th.

Attachment 1
from: Ann Lonstein
to: [email protected]
date: May 4, 2025, 3:35 PM
Dear Mayor, Council Members and Committee members,
I feel like I’m living in an episode of Ground Hog Day. I’ve sent a detailed letter about my desire for street addresses at least twice. So please refer to the latest one sent in May when you addressed the question.

I do wish to add that although I own a house, I pay taxes, I support the businesses, I donate to the non profits and I spend 5 months of the year in Carmel, my husband and I have no vote. It means that you are ignoring a population of Carmel residents.

I read Jack Galante’s letter in this week’s Pine Cone. I understand what Mr Devendorf wanted Carmel to be - a village where all its residents were close to one another. However that was then and this is now and Carmel and the world have moved on and changed.

I repeat what I’ve said before. John and I are 83. We hope to continue to enjoy our cottage in Carmel. However we need to know thst the medical services can reach us before we die from a fall down the stairs.

Please follow the law and vote for addresses.

Ann Lonstein
Attachment 1
from: John Hill
to: [email protected]
date: May 4, 2025, 12:49 PM
subject: Street Addresses
Dear Council Members,
As 20 year plus full time residents as well as business Owners in Carmel, we wish to thank Council member Delves and his working group for their efforts in researching an address system for the City. We would also like to urge the Council to please address the issue now, not through an extended and costly election process. Voters elect our officials to make common sense decisions for the benefit all, not to kick the can back to the voters creating further delays and spending significant tax dollars in doing so.

The current lack of a compliant system is a violation of several state & other codes resulting in potential liabilities for the City. And the continual inconveniences experienced by residents attempting to negotiate licenses, bank accounts, deliveries, directions, etc. is palpable and will continue until this issue is resolved. Why not consider a common sense solution that establishes a voluntary yet complaint address system now, allowing each residents the choice to name their home or add a few half inch letters, or both? It is very difficult to comprehend how a few half inch letters in lieu of a name somehow dilutes the charm of Carmel?
The enforcement of state requirements seemingly has yet to be a significant issue, so it appears unlikely that such a voluntary system would be problematic. If enacted, it is most likely that the majority of homes on each block would choose a compliant address, making it easier for agencies, deliveries, first responders, etc. to identify even those homes without it.

Thank you for your consideration,
John & Cheryl Hill
Somewhere SW of City Hall
Attachment 1
From: Laraine Blauvelt
to: [email protected] >
date: May 4, 2025, 11:38 AM
subject: Address in Carmel by the Sea
First I would like to give a little background:
• Owned for 25 years as a part time resident from NJ
• Love this town and understand the desire to keep it quaint and beautiful • Live on the first street in what is considered “the forest” FIRST AVENUE • Have tried to use the address on our deed for Fed Ex and UPS and Prime • Have continued problems receiving packages and people cannot utilize GPS to find us. If we are not available to navigate them in from our very convenient turn off from Carpenter - they cannot find our house. We utilize a name for our house and have also identified a very simplied address, that is, what is on our deed is FIRST AVENUE, 2 NE of Torres (this NEVER works so we have a sign that is simple FIRST AVENUE, 2 E Torres), The simplified address has helped somewhat but we still have to pay countless shipping costs over the years for return to sender and re-shipping charges.

Sometimes we still cannot get what we need and have to carry cross country what can be put in luggage. This is kind of ridiculous especially as we age and the weight of our suitcases becomes a challenge.

We so appreciate what the committee who supports the address system is working to accomplish. We have dozens of stories where the address system and lack of it in our town has caused difficulty. We have come to a few meetings over the years and hear many Carmelites support the quaint aspect of our current system. They seem to eliminate the safety and convenience of addresses. We have heard about Avalon, NJ, Also not having package and mail delivers but this is a NJ town that is an island with 1400 residents and huge homes with property, gates, signage - a different location and footprint entirely. Many of the homes have been owned by a family for generations And it is different - seasonal living in summer months, We are in town and thought of coming to the meeting but honestly cannot sit through another evening of comments like “My house was on fire and the fire department made it to the correct address.” To be fair also shared “My partner passed away in the middle of the night and neighbors were disturbed trying to locate my house (located in the side street of downtown area).

I hope the board and the residents will be open to letting us all have the comfort of knowing that we are on google maps and can rely on the services if they are needed of fire, police Attachment 1
and even friends and neighbors.

Laraine Smith and James Smith
from: sharyn siebert
to: [email protected]
date: May 4, 2025, 11:23 AM
subject: Addresses
I have 2 new stories to relate regarding the lack of addresses and how that can negatively impact our citizens.

Just yesterday our new neighbor told us that her electric had gone out. When she reached out to PG&E to find out why, they indicated it was for non-payment. However, they also asked her to give them the number of her electric meter. When she did so, they said that that was not the one being billed for her house! She has no idea whose electric bill she has been paying, nor how much she will be dunned for back payments that she had actually made but were wrongly credited to a different house!
Another of our friends said, during an election event at our home, that for years he had been paying the wrong house's electric and gas bill unknowingly. When he had called PG&E about some issue, this was discovered. And it cost him a bundle to rectify the situation!
WE NEED STANDARD ADDRESSES NOW! It is my understanding that if homeowners do not want to post their newly assigned addresses that the law does not require that. But you can see how this would benefit those who do want to have them.

Sharyn Siebert & Jeff Johnson
11th ave2 NW Mission (PG&E)
Block 4, Lot 7, Carmel (Xfinity)
Attachment 1
from: Jenny Masquelier
to: [email protected]
date: May 4, 2025, 8:28 AM
subject: “IT IS TIME!” for Carmel by the Sea to have addresses Thank you to our Mayor and City Council for continuing to pursue needed home addresses.

This is not a request for home mail delivery as some continue to complain about, but an absolute vote for the safety of all who live in Carmel by the Sea. Please vote YES for easily identifiable home addresses for all citizens in Carmel. We do not need an election to get this activated. There have been enough people speaking on real-life experiences that prove we need easily identifiable addresses. Thank you for getting this accomplished.

Sincerely,
Jennifer Madquelier
0 Monte Verde & 3rd NE
Attachment 1
from: ' Betty Maurutto
to: [email protected]
date: May 4, 2025, 5:19 AM
subject: Yes on Addresses
Dear Mayor Byrne and Council members,
Hopefully, Mr. Delves committee has researched the necessary steps to institute an address system in Carmel-by-the Sea. With that needed information, we strongly urge you to move forward with the process to establish addresses NOW! A citywide vote is not necessary! There has been volumes of resident input regarding the absolute need for addresses, as well as following the LAW!
Please ACT NOW!
Respectfully,
Michael and Betty Maurutto
Attachment 1
from: Cheryl Lipshutz
to: [email protected]
date: May 4, 2025, 4:37 AM
subject: Addresses in Carmel by the Sea
It is super important to have addresses in CBTS! Twice I have had EMS vehicles stop at my house in error as they were trying to reach my elderly next door neighbor! He is over 100 years old and the extra time searching for the house was critical. Also early morning pickups by Uber or taxi to make a flight taking off before sunrise are extremely difficult without an address to include when ordering a ride. We do not need mail delivery, simply addresses. No need to vote on this, we need action now! Thank you
Attachment 1
from: Sheila Sheppard
to: [email protected]
date: May 3, 2025, 8:23 PM
subject: Addresses for Carmel!
Dear City Clerk,
I’m writing regarding the project for assigning addresses to the houses in Carmel by the Sea. This has been in the works for a very long time and it’s now time to move forward.

As a long term resident of Carmel I deal with explaining my address at least once a week and on many occasions have had to have packages sent to my son’s house in Carmel Valley as my address was not accepted. Deliveries are tricky. Packages have been lost or dropped at the wrong house countless times.

Please proceed with implementing house numbers. Let’s not insist on a vote. It’s time, more than time, to move forward.

Please forward this letter to all council members. Much appreciation to all those who have been working on a solution for the residents of Carmel! Thank you,
Sheila Sheppard Georis
Attachment 1
from: Brodie Keast
to: [email protected]
date: May 3, 2025, 2:19 PM
subject: Input for City Council Special Meeting 5/5/2025; item 9 (addresses) Thanks to the Address Working Group, City Staff and all Council members, past and present, for their work on this to date.

I want to add my support for street addresses that comply with State Fire and Building Codes while conforming to the standard USPS database. This is simply a matter of public safety and it's way past time for Carmel-by-the-Sea to have addresses.

I don't understand the need for a vote if the outcome doesn't matter in terms of preemption by state law. Why go through this lengthy process and taxpayer expense? I'm hoping someone from the Working Group will clarify why this is necessary and what difference it will make.

Brodie Keast
Resident, Carmel-by-the-Sea
Attachment 1
from: Shana Walker
to: [email protected]
date: May 3, 2025, 1:12 PM
subject: IT IS TIME
To implement verifiable street addresses in Carmel by the Sea. The current system, while quaint and sentimental, has no place in today’s world. It is inconvenient and dangerous.

This has been discussed ad nauseam and it’s time for action.

Shana Walker
13 year homeowner, full-time resident.

Attachment 1
from: Jana Schilling
to: [email protected]
date: May 3, 2025, 1:10 PM
subject: Street Addresses
Dear Mayor Byrne and Council Members:

Thank you to all of you for your hard work on street addresses. It is time to move forward now and Implement street addresses for the City of Carmel by the Sea ! We do not need a vote on whether to abide by the law. It serves the people of Carmel to abide by state law and assign street addresses. At a time of reduced financial resources, Carmel does not need to waste time and money on a vote. Abide by the law; assign addresses.

Thank you,
Jana and Don Schilling
Attachment 1
from: ' Paula Stein
to: [email protected]
date: May 3, 2025, 1:04 PM
subject: We need addresses in Carmel
Mayor and City council the time is now to vote for address in Carmel.

For safety reasons and to keep up with our changing world. Thank you for your support and Please
Give us addresses.

Paula Stein
Attachment 1
From: Burt Cummings
to: [email protected]
date: May 3, 2025, 12:37 PM
subject: Addresses for Carmel
Please distribute to all council members.

Thanks for your work in moving this towards resolution.

Having addresses boils down to a simple safety issue, with convenience and time savings running a close second and third. There will be no loss of charm, there will be no mailboxes, there will continue to be a post office. Let’s get ‘er done! /Burt
Attachment 1
from: Carolyn Ticknor
to: [email protected]
date: May 3, 2025, 11:26 AM
subject: Please distribute to city council members
In today’s world of complexities, this one thing you can actually do for the residents of Carmel to simplify our lives. Spare us the hours of frustration in trying to get services to our homes. PLEASE give us USPS compliant addresses NOW. Further study (after 100 years) and voting is unnecessary. PLEASE show leadership in doing this for us. It is time to give us USPS compliant addresses.

Best regards,
Don and Carolyn Ticknor
Attachment 1
from: Jim Lerdal
to: [email protected]
date: May 3, 2025, 11:04 AM
subject: Please distribute to mayor and council members Council members and Mr. Mayor,
I appreciate all the thoughtful work on this issue.

I think you have everything you need to move forward on assigning addresses. You do not need an election. Your own power point presentation shows that the laws would overrule a no vote.

Looking forward to a safer community.

Thanks
Jim Lerdal
Junipero Street 10 West of 8th (and almost no one counts to 10 correctly!) Attachment 1
From: Judy Refuerzo
Date: Mon, May 5, 2025 at 9:11 AM
Subject: Addresses
Mayor and City Council,
I am sorry to miss this important meeting today regarding street addresses, but I work on Mondays.

I was disappointed to learn of another small group being formed (ad hoc - be it unofficial - address work group). Doesn’t seem very transparent - no difference, except what you call it and how you present to the public how it came together.

I was proud when the last City Council said it would be a vote. A decision as important as this one should be a vote by the community.

I see no need for a special election and the extra cost in 2025. But I would like to see it on the ballot in 2026. I think if it’s a democratic process no matter what the outcome everyone will be able to accept it.

No need to rush, it’s been over one hundred years, we can wait for a vote in 2026.

Judy Refuerzo
Attachment 1
Ole M. Pedersen
Carmel CA 93921
TO: Mayor DaJe Byrne & Councilmernbers
Jeff Baron, Hans Buder, Bob Delves & Alissandra Dramov

PO BOX CC
Carmel CA 93921 May 3, 2025
Re Safety Issue: Absence of Street Addresses in Carmel-by-the-Sea:

DeaJ Mr. Mayor and City Council Members,
r was present at last month's meeting where street addresses were discussed and did speak in favor of assigning house numbers to properties in Carmel-by-the-Sea for safety reasons.

It is my understanding that a working group. headed by Council Member Delves, has prepar
ed a report for the council meeting on May 5, 2025. I will join others in expressing my genuine appreciation for the work and eJlorts of this committee.

I did note at last month's meeting that Council Member Delves and Council Member Buder gave explanations about the need for fu1ther investigation of whether house numbers should be implemented and if so, how and when, and should an election be held to hear what the residents of the City have to say.

Since then. I have given funher thought to the issue and it would seem to me, that if the State Fire Code and the Building Code state, that buildings must have approved address identification that is legible and visible from the street or road fronting the property, then neither the Council nor the electorate 'have standing' in not implementing a house number system.

Based on what the City Attorney, last fall and at last month's meeting, has desc1ibed in the legal analysis, I am arriving at the conclusion that my point of view about not 'having standing' is supported by the legal analysis.

Therefore, I am hereby kindly requesting that you move forward right away and implement an address system that complies with the State Fire Code and the California Residential Code (CRC). The money projected for election expenses can be saved and it is simply a matter of safety (I st responders· ability to quickly find a site) and of code compliance.

Sincerely, "'-.

Ole M. Pedersen
Attachment 1
LAURA A. BOWLING
May 4, 2025
Dear Mayor Byrne and Members of the City Council,
I'm writing to express my strong support for implementing USPS-compliant addresses in Carmel-by-the-Sea.

Since moving into the village last August, I've experienced firsthand how challenging it can be to set up basic utilities and services without a standardized address. Activating electricity, gas, water, internet, and other essentials required weeks of phone calls, repeated technician visits, and multiple errors in locating my home. Cable service, in particular, took over a month to install-an unnecessary burden for any new resident, particularly given that I work full-time as a branding consultant for ocean and climate conservation clients from my home office.

Beyond inconvenience, this issue presents a serious risk to public safety. I've heard troubling accounts of emergency services-EMS and fire teams-struggling to locate homes during critical moments. In a town with so many older residents, this is unacceptable. Time lost in an emergency can cost lives.

The time for further studies or delays has passed. I urge the City to move forward now and adopt USPS-compliant addressing to better serve residents, visitors, and emergency responders.

Thank you, as always, for your service to our community.

Sincerely,
Laura Bowling
Carmel-by-the-Sea, CA 93921
Attachment 1
May 5, 2025
City Council
City of Carmel-by-the-Sea
City Hall PO Box CC
Carmel-by-the-Sea, CA 93921
RE: Item 11. 2025 Fire Hazard Severity Zone map,
Wildland-Urban Interface Areas and Associated
Carmel-by-the-Sea Municipal Code Modifications
Dear City Council:

Monterey-Salinas Transit District (MST) provides public transportation throughout Monterey County and operates an extensive bus network in the City of Carmel-by-the-Sea. MST has reviewed Item 11 and has the following comments for your consideration.

MST Services and Infrastructure
MST operates Lines 5, 91, and 94 within Carmel-by-the-Sea, with stops located near or within proposed Fire Hazard Severity Zone (FHSZ) and Wildland-Urban Interface (WUI) areas—particularly along Carpenter Street, Junipero Avenue, and Ocean Avenue. Transit infrastructure such as shelters, signs, benches, and future enhancements may be subject to additional requirements related to:
• Ember-resistant materials
• Vegetation clearance around stops
• Restrictions on combustible features (e.g., wooden benches or wooden bus stop flags) MST has used wooden bus stop posts in Carmel-by-the-Sea for over 25 years at the City’s request. To help support the City’s efforts to promote fire-safe construction practices, MST is prepared to begin transitioning to standard metal poles, which are used in other jurisdictions throughout Monterey County.

Emergency Operations and Coordination
As the City considers expanding WUI coverage, MST is ready to coordinate with Carmel Police Department and Monterey Fire Department to support local emergency preparedness and wildfire Attachment 2
response. MST is regularly asked to help with evacuations when wildfire occurs in our community.

Future areas of collaboration may include:
• Assistance with evacuations
• Identifying safe staging areas
• Ensuring access to key transit corridors
• Providing updated stop data for emergency response planning Closing
As Carmel-by-the-Sea moves toward codifying the 2025 FHSZ maps into the Municipal Code, MST respectfully requests continued collaboration to ensure the safety of residents and transit users alike. If you have any questions regarding these comments, please do not hesitate to contact me at [email protected] or 831-264-5877.

Sincerely,
Michelle Overmeyer
Director of Planning and Innovation
Attachment 2
5/5/25, 8:49 AM Carmel-by-the-Sea Mail - Item# 10 Monday's City Council Agenda - Regarding Water Credits Allocations Carrnelby-the-Sea Nova Romero <[email protected]> Item # 10 Monday's City Council Agenda - Regarding Water Credits Allocations Nancy Twomey < > Sun, May 4, 2025 at 2:20 PM
To: City of Carmel-by-the-Sea <[email protected]>, "Marnie R.Waffle"<[email protected]> Can this presentation provide a residential view of what Acre Feet translates into Water Credits. Of course I understand this acre fee is based on the volume of water consumed. However ....

The current wording doesn't translate easily into something a homeowner/resident would understand.

For example what water in credits are needed to add a sink for a JADU? Or if they were considering converting their garage or studio into a full ADU - that would minimally need a Bathroom: shower, toilet and sink, and a Kitchenette with minimally another sink ... and possibly a Washer/Dryer.

As in the slides - that you (currently) must have a water meter to get new water credits/use allocation. Is there any current information on if/when a new water meter might be possible? Using ADU's as an example - what if the property owner wanted to have a separate water meter for the ADU they are considering. Is this not possible? And/or is there an estimate if/when this might be possible?
Any of this can be applicable to other uses beyond the ADU examples I call out here.

Thank you for everything you do!
Nancy Ann Twomey
Carmel-by-the-Sea Resident
https://mail.google.com/mail/u/0/?ik=3e51736a27 &view=pt&search=all&permmsgid=msg-f: 1831226467139508293&simpl=msg-f: 1831226467139508293 1/1 Attachment 3
Nova Romero <[email protected]>
Fire risks and state mitigation requirements
Linda L. Smith <[email protected]> Mon, May 5, 2025 at 11:16 AM To: Nova Romero <[email protected]>
Dear Nova,
Would you please send this letter and attachment to the City Council for them to see before today's meeting and to include in the public record, and also please share it with the Forest and Beach Commissioners, City Forester, Public Works director and staff, City Administrator and Assistant, as well s the Planning Commission and Planning staff.

Thank you.

Sincerely,
Linda L Smith
Dear Mayor and City Council,
I have been active in conservation and climate change issues for the majority of my life, being a 4th generation Carmelite with direct links to Carmel's origins as the unique Village in a Monterey Pine Forest, where residents cherished their Monterey pines and Oaks and native under-story habitat shrubs and all the life they support. Las Manzanitas is the name that had been given to this area before it was called Carmel. This completely unique town, by virtue of the vision of its illustrious founders, captured the imagination of cultured people and lovers of Nature the world over. This is our true heritage. It "has no prototype", as the great architect Nathaniel Owings put it. It is a one of a kind village, a blessing and a reality that is enshrined in our city documents, our General Plan, our LCP! And as such it is protected by the California Coastal Act. Carmel is not Pacific Grove. It is not Monterey.

For the past 30+ years, working with Monterey Pine Forest Watch, and having been directly involved in efforts to save and protect the Monterey Peninsula's endangered Native Monterey Pine Forest, it is distressing to see that this rare forest treasure has never been in greater danger than it is right now, thanks to draconian state mandates that can only be implemented in Carmel by destroying its very being. Defensible space requirements would completely preclude the planting of any Monterey pines or Coast live oaks, the very keystone trees of the native Monterey Pine Forest in which we live and which are the heart and soul of Carmel! Nor would it allow the planting of the majority of native shrub habitat that would grow more than 6 feet high. These state requirements are meant for true wild lands where parcels are large, not for 40 x 100 foot lots. And the state designations and mandates do not take into account the fact of fog on the Monterey Peninsula. Winter rains, fog and cool Summer temperatures protect us for much of the year. Climate scientists identify the Monterey Peninsula a refugia for species as the climate warms, because of cooler temperatures and fog created by upwellings from the cold deep Monterey Marine Canyon. UCB's Dr Axelrod stated that our native Monterey Pine Forest survived past climate warmings, especially because of this factor. And this is why there are so many endemic species here, species that exist nowhere else. It has been a refugia in the past.

From my research, even among experts there is plenty of disagreement about how to address risk generally. Marin's fire expert has pointed out a number of myths that are widespread that are causing hysteria about the supposed danger of trees. Other factors are much more important. And most fires are grass fires which are much more deadly because they move so fast. And the overwhelming majority of wildfires are started by humans. Carmel and the Monterey Peninsula need to look at other types of fire risk management as well. Closing businesses down during extreme fire risk weather, encouraging homeowners to water their trees and shrubs and soil to keep them hydrated, drone surveillance are some ideas that common sense tells us to encourage. I'm sure there are other such ideas.

I think it's time that Carmel speaks up for itself and, while requiring common sense actions to abate risk, protects its natural and cultural environment and heritage and that of the surrounding native Monterey Pine Forest which is the character and essential ecosystem of our Peninsula.

Attached is a fascinating and helpful article by an experienced fire fighter who did experiments on the combustibility of California native plants. It turns out that most of them are highly fire resistant! What do you know...Evolution at work. It's time to learn about where we live and to work with Mother Nature for a change. 5/5/25, 11:21 AM Carmel-by-the-Sea Mail - Fire risks and state mitigation requirements https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permmsgid=msg-f:1831305580226781866&simpl=msg-f:1831305580226781866 1/2 Attachment 4
Sincerely,
Linda L Smith
Leaf burn times of California native plants.

Leaf burn times of California native plants.

Ignition time of leaves of some California native plants and garden plants. Native plant flammability.
5/5/25, 11:21 AM Carmel-by-the-Sea Mail - Fire risks and state mitigation requirements https://mail.google.com/mail/u/0/?ik=3e51736a27&view=pt&search=all&permmsgid=msg-f:1831305580226781866&simpl=msg-f:1831305580226781866 2/2 Attachment 4
from: Missy Jensen
to: <[email protected]>
date: May 5, 2025, 12:54 PM
subject: Mail Deliver opinion for City Council
Dear City Council,
I have been a full time resident in the same location for 25 years. More and more I rely on deliveries. Often the company shipping an item will not specify which delivery service is being used.

For many years I could rely on UPS to know my home, but in the past year I had 3 successive deliveries go to the wrong house, one of which was never found. After not using the service for months, I spoke to the driver who assured me that he knew my home. However, the next delivery again went to the wrong house. The other services do not reliably find my house.

At the Post Office, suddenly they would not accept packages from other shipping services for residents who showed proof of residence and therefore did not pay for having a box.

This is a frustrating and inconvenient and time consuming problem. Street numbers would resolve this.

Also, emergency services will be much more reliable with numbers.

It has taken me years to come to the point of deciding that it is time for house numbers. It is sad to think this will change something that has made Carmel charming and unique, but surely it can be done in an unobtrusive way with Carmel style.

Thank you,
Mary (Missy) Jensen
Santa Lucia Ave
Carmel-by-the-Sea
Attachment 5
From: Kevan Urquhart Date: May 5, 2025, 2:51 PM
To: [email protected] Subject: Street Address Comments Thank you to the Council for moving this issue along. Please do not schedule a vote to pacify unrealistic naysayers, thereby delaying action for another 0.5-1.5 years, and wasting $10,000 to $40,000 of taxpayer funds.

Since the lack of legal addresses is a violation of multiple codes and laws, the City will just eventually get sued if the vote outcome is a 'no', and then waste additional taxpayer funds paying out tens of thousands more dollars in legal fees and a settlement. Scheduling the referendum in an off year like this coming November increases the likelihood that low turn out may allow a vocal minority to dominate the vote.

If you want a referendum, have the City IT staff or a consultant develop one on-line at the City Web page. Allow one vote per Co. Parcel # [if you wish to include taxpaying nonresidents] and/or Voter ID#. Setting up such a system for future advisory referendums would be a far wiser expenditure of taxpayer funds to support healthy future engagement by the community
Just like the City had to adapt to the realities of the ADA with home mail delivery for those who are eligible, it has to adapt to reality and also provide legal addresses that meet the criteria to be placed in the USPS database.

The ADA as we all know, is a 'bounty hunter' law where any single aggrieved person can hire a specialty lawyer and be guaranteed to win a costly judgement if the City stalls much longer in providing legal addresses. Public testimony has already documented unequivocal ADA violations in the inability to guarantee the delivery of medicines and medical devices in the absence of USPS recognized addresses. You cannot ignore or beat the ADA>
The fear of losing the local Post Office has been documented to be a red herring, and beyond the control of the City Council. I'd bet nearly all people who want addresses don't care if others don't want to post theirs, or prefer a house 'name', They don't care what size/shape/design criteria may be required, and agree they should be innocuous, and minimized to the size and design legally mandated by State Fire Code, Please take constructive action and do not stall this any longer.

Sincerely,
Kevan Urquhart
Attachment 5

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
May 5, 2025

ADJOURNMENT
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Chip Rerig, City Administrator
APPROVED BY: Chip Rerig, City Administrator
SUBJECT: Presentations received after agenda posting
RECOMMENDATION:

BACKGROUND/SUMMARY:

FISCAL IMPACT:

PRIOR CITY COUNCIL ACTION:

ATTACHMENTS:

AB 481 - Military Equipment PPT
Discretionary Grants PPT
Fire Hazard Severity Zone PPT
MPWMD Water Allocation PPT
Financial Policy Changes PPT
Street Addresses Presentation 5-5-25 PPT
AB 481
Military Equipment Annual Report
City Council Meeting
May 5, 2025
Commander Trayer
CITY OF CARMEL-BY-THESEA
Introduction
The purposes of this meeting are to:
• Provide an overview of the specialized equipment
possessed and used by the Carmel-By-the-Sea Police
Department;
• Increase transparency and oversight of equipment
• Allow Community questions and input
CITY OF CARMEL-BY-THESEA
Background
September 30, 2021: Assembly Bill 481 signed into Law
• The Law Enforcement and State Agencies: Military
equipment, funding, acquisition, and use Act.
• Public’s right to know about any funding, acquisition, or use of military equipment by state or local
government officials.
• Increase Transparency
• Accountability
• Oversight
• Law Enforcement agency must obtain approval from
governing body for use, funding, or purchase of
military equipment
• Policy Development
• Ordinance Adoption
• Regular Public Meetings
GC: 7070,7071, and 7072; adopted to codify requirements of AB481 CITY OF CARMEL-BY-THESEA
AB 481 Requirements
CITY OF CARMEL-BY-THESEA
AB 481 Requirements
Other requirements:
 Draft a Military Use Policy- CPD Policy 701
 Post proposed policy: 30 days prior to any Public Hearing  Submit annual equipment and use reports
 Seek Council approval prior to any acquisition of Military Equipment
 Post annual report
 Disclose any complaints, policy violations
 Hold a public meeting w/in 30-days of reports submission CITY OF CARMEL-BY-THESEA
Military Equipment
GC 7070: 16 Categories “Military Equipment”
The items already in possession and use by CPD when
law was enacted.
• #10; Specialized firearms and ammunition of less than .50 caliber, including assault weapons.
• #15; Any other equipment as determined by a
governing body or a state agency to require additional
oversight.

CITY OF CARMEL-BY-THESEA
#10- Assault Weapons
6- Colt M4-AR15 Style Semi-Automatic rifles
CITY OF CARMEL-BY-THESEA
#15- Other Equipment
4- Keltec KSG Shotguns - Converted for Less Lethal
Applications
CITY OF CARMEL-BY-THESEA
2024 Annual Report Summary
Uses:
1) In October 2024, we utilized the Keltec KSG less-lethal launcher. It was deployed in attempt to avoid lethal options during what became an Officer Involved Shooting.

This was the only deployment for this tool in 2024. It was a oneitem deployment. 2) The Colt M4-AR15 Style Semi-Automatic rifle deployments were for qualification and training purposes only in 2024.

CITY OF CARMEL-BY-THESEA
Equipment Usage
Monterey Peninsula Regional Special Response Unit (MPSRU) • CPD Participates
• MPSRU Uses Military Equipment
• CPD does not own any Military Equipment in use by SRU CITY OF CARMEL-BY-THESEA
Equipment Maintenance
Costs to maintain current items:

Annual costs for ammunition: $2527.50 for rifle rounds
Any additional costs?
We anticipate spending approximately $1500 in less-lethal rounds for training and use.

CITY OF CARMEL-BY-THESEA
Questions?
Council Discretionary Grant
Applications
Fiscal Year 2025-2026
City Council Meeting
May 5, 2025

CITY OF CARMEL-BY-THE-SEA
The purpose of today’s agenda item is to:
• Summarize the discretionary grant process
• Review grant applications received
• Present staff’s recommendation for funding
• Request Council direction on:
o Total grant funding amount
o Distribution of grant awards
Introduction
• Council adopted a Discretionary Grant Policy in 2017
to guide the allocation of discretionary grants.
• Eligibility Criteria:
 Located in Carmel or serve Carmel residents.
 501(c) nonprofit or Carmel school.
Provide direct community services.
No outstanding City debt.
Not financially dependent on City.

Grant Program Overview
• The application period ran from February 5 to March
21, 2025.
• Outreach: City website, Friday Letter, Pine Cone,
targeted emails.
• 19 applications received requesting a total
of $53,600.
• Staff reviewed applications and found all to be
eligible.
• A preliminary budget of $36,000 is proposed for grant funding, subject to Council approval.

Grant Application Summary
Applications received were grouped into 6 categories:

1. Youth Programs and Education

2. Community Safety and Emergency Services

3. Housing and Social Services

4. Community Engagement

5. Art and Cultural Programs

6. Veterans and Seniors Programs
Grant Categories
Staff’s Recommendation
• Allocate $36,000 in the FY 2025-2026 budget for Discretionary Grants. • Distribute $30,000 among 19 applicants as follows:

Category Total Amount # of
Applicants
Amount per
Applicant
Youth Programs and Education $6,00 6 $1,000
Community Safety and Emergency Services $6,000 3 $2,000 Housing and Social Services $6,000 2 $3,000
Community Engagement $4,000 2 $2,000
Art and Cultural Programs $4,000 4 $2,000
Veterans and Seniors $4,000 2 $2,000
Staff is requesting direction from Council to:

1. Confirm the total amount to allocate for FY
25-26 Discretionary Grants; and

2. Provide direction on grant distribution to
eligible applicants.

Next Steps
Wildfire Preparedness
Code Updates
Special City Council Meeting
May 5, 2025
Agenda Item No. 11

CITY OF CARMEL-BY-THE-SEA

CITY OF CARMEL-BY-THE-SEA
CITY OF CARMEL-BY-THE-SEA 2

Presentation Outline
• Background
• State & Local Law
• Fire Hazard Severity Zone Maps
• Wildland Urban Interface
• Development Requirements
• Discussion Points
• Potential Options
• Next Steps
CITY OF CARMEL-BY-THE-SEA 3

Background
Wildfire
• Environment
• Vulnerability
Tools
• Data
• Mapping
• Federal/State
Prepare
• Assess Risk
• Education
• Management
State Law
• Local Responsibility Area – GC 51175, PRC 4125 & CCR 1280.02 • Fire Hazard Severity Zones – GC 51178, GC 51179, PRC 4202, CCR 1280.02 & CFC Chapter 49
• Defensible Space – GC 51182, PRC 4291 & CCR 1299.03
• Structure Hardening – CBC Chapter 7A
Local Law
• California Fire Code – CMC Chapter 15.55
• Fire Hazard Severity Zones – CMC Section 15.10.020
CITY OF CARMEL-BY-THE-SEA 4

State & Local Law
Defensible Space Mailer
• Law & FHSZ Map Update
• Community Wildfire Protection Plan
• Checklist
Website (ci.carmel.ca.us)
• Law & FHSZ Map Update
• FHSZ Map Public Comment – May 15th
CITY OF CARMEL-BY-THE-SEA 5

Public Outreach & Education
CITY OF CARMEL-BY-THE-SEA 6

Fire Hazard Severity Zone (FHSZ) Maps
2007-2011 FHSZ Map 2025 FHSZ Map
110 Ac
221 Ac 278 Ac
100 Ac
CITY OF CARMEL-BY-THE-SEA 7

Wildland-Urban Interface (WUI) Area
• Community Wildfire Protection Plan
• 334 Acres of WUI
• Pre-fire Mitigation
• Guiding Principles
• Informed Community
• Cohesive Fire Adaptation
• Hardened Infrastructure
• Healthy/Fire-adapted Ecosystems
• Key Strategies for Wildfire Resilience
• Community Programs
• Vegetation Management
• Defensible Space Inspections
• Structural Hardening
CITY OF CARMEL-BY-THE-SEA 8

Current Development Requirements
• Very High
• California Building Code (CBC) Chapter 7A
• California Fire Code (CFC) Chapter 49
• WUI
• CBC Chapter 7A
• CFC Chapter 49
• City-wide
• Class A Roofing Assembly
• Spark Arresters
• Fire Sprinkler Systems
• Vegetation Maintenance
• Exceptions
• California Historic Building Code
CITY OF CARMEL-BY-THE-SEA 9

Considerations
• Insurance Coverage & Rates
• Cost
• Wildfire Protection v Wildfire Recovery
• CBC & CFC Minimum Standards
• Maintain v Increase Requirements
• Impacts to Carmel’s Character
• Natural Setting
• Resource Protection
• Built Environment
CITY OF CARMEL-BY-THE-SEA 10

Potential Options
• Option 1 – Adopt the 2025 FHSZ Map
• Meets Minimum Requirements
• Applicability for New Designated Areas
• Option 2 – Adopt the 2025 FHSZ Map with Increased Severity Designations • Requires Justification
• Potential Future Changes
• Option 3 – Adopt the 2025 FHSZ Map and Extend WUI
• Meets State Requirements
• Applicability for New Designated Areas
• Extends WUI Regulations Throughout the City
• Adopt PRC Section 4291
• Consider the Need for an Urgency Ordinance
CITY OF CARMEL-BY-THE-SEA 11

Next Steps
• Direct Staff on Preferred Option
• Public Comment
• Adopt Ordinance by July 8, 2025
Water Allocation Update
City Council Meeting
May 5, 2025

CITY OF CARMEL-BY-THE-SEA
CITY OF CARMEL-BY-THE-SEA 1
Background
CITY OF CARMEL-BY-THE-SEA 2
• City water management plan adopted by Resolution 87-14 (1987) • Carmel Municipal Code Chapter 17.50, Water Management Program • Process for distributing limited water resources
• Establish land use categories that will receive water allocations • Planning Commission makes recommendation based on General Plan and Local Coastal Program policies
• CMC 17.50 requires at least 10 percent of available water resources be set aside for affordable housing
2025 Water Allocation
CITY OF CARMEL-BY-THE-SEA 3
• MPWMD Ordinance 197 allocated 14 acre feet
of water to Carmel-by-the-Sea
• Water is estimated to be available end of
2025/early 2026
• Allocation is placed in unallocated reserves until
the city council assigns it to a land use category
by resolution
• Last resolution adopted in 2013
2013 Water Allocation Balance
CITY OF CARMEL-BY-THE-SEA 4
2025 Water Allocation Balance
CITY OF CARMEL-BY-THE-SEA 5
General Plan/Local Coastal Program
CITY OF CARMEL-BY-THE-SEA 6
The City's share of District water resources is internally allocated to land use categories based on policies in the Local Coastal Program and secondarily in the Conservation, Land Use, and Housing Elements of the General Plan. These policies affirm the City's commitment to lots of record, and residential use (new homes, apartments, and remodeling) as the largest allocation for new development. In particular, existing subdivided lots of record zoned for housing should always be considered "first in line" for limited water resources. New subdivisions of land should be limited until existing subdivided lots have a secure water supply to serve full build-out and additional water allocation units have been obtained from the District. As documented above, visitor serving uses throughout the City have been well accommodated with prior water allocations to achieve consistency with the Coastal Act. Augmenting scarce water supplies to serve planned growth continues to be a City policy. (LUP) Housing Element
CITY OF CARMEL-BY-THE-SEA 7
Goal H1: Facilitate Housing Construction
Policy 1.1: Ensure adequate sites are available to meet the City’s projected housing growth needs Program 1.2.A: Water Distribution Prioritization for Affordable Housing Work cooperatively with MPWMD to establish a procedure to prioritize water allocation for housing developments that include affordable units for lower-income households (December 2026). From its own modest water allocation of approximately 1.6-acre feet, the City will grant water allocation priority to those projects that assist the City in meeting its share of the regional housing need for lower- and moderate-income households. A city policy to clearly reflect water allocation priority and incentives for Extremely Low, Very Low, Low, and Moderate-Income households will be adopted (December 2026). Timeframe: Adopt policy by June 2025.

Regional Housing Needs Allocation
CITY OF CARMEL-BY-THE-SEA 8
• Plan for 349 new housing units by 2031
• Estimated water needs is 40 acre feet
• Current water allocation is 14 acre feet, approximately 121 housing units • Water allocation cannot be sold
• Properties receiving water must have an existing water meter Option 1
CITY OF CARMEL-BY-THE-SEA 9
• Keep the 14 acre feet in unallocated reserves
• Transfer 1.4 acre feet to Category #1 Low and Very Low Income Housing to remain in compliance with the water management program
Or
• Transfer slightly less, 1.0476 acre feet
Staff would return at a future meeting with a resolution documenting the transfer.

Option 2
CITY OF CARMEL-BY-THE-SEA 10
• Direct staff to agendize a discussion with the Planning Commission on how to allocate the 14 acre feet and bring their recommendation back to the City Council
Post Allocation Process
CITY OF CARMEL-BY-THE-SEA 11
• The Community Planning & Building Director administers the water management program
• Projects that may result in an increase in water usage are not able to be processed by the Department
• Exception: affordable housing projects
• The Community Planning & Building Department is responsible for maintaining a record of the remaining balance of water in each allocation category. • The Planning Commission is responsible for review the water management plan annually.

Revisions to the Financial Policies
City Council Special Meeting
May 5, 2025
Jayme Fields

CITY OF CARMEL-BY-THE-SEA

CITY OF CARMEL-BY-THE-SEA
Attachment 5
Background and Purpose
• Policies are published annually and reviewed periodically • The budget book contains the following:
• Budget Policies and Procedures
• Financial Policies and Procedures
• Capital Budget Policy
• Operating Management Policy
• Fund Balance Policy
• Debt Policy
• Investment Policy
• The budget and fiscal measures are currently mixed between the Budget Policies and Fiscal Policies
• Some policy statements are located in both with conflicting limits • Some policy limits conflict with the City Council's guidelines • The purpose of this item is to obtain guidance so that the Budget Book may be printed and the policy updated

CITY OF CARMEL-BY-THE-SEA
Attachment 5
Highlight of Proposed Changes
The revisions are intended to
• Clean
• Clarify
• Provide Fiscal Guidance

CITY OF CARMEL-BY-THE-SEA
Attachment 5
Proposed Changes – Clean-up
• Organize budget book Policies into a Budget Section and a Financial section, eliminating duplication between
sections (see green edits) and clarifying titles.
• Deleted duplicate policy statements.
• Update capitalization limit to $50,000
• Eliminated reference to minimum reserve level chart
(which is not used).

CITY OF CARMEL-BY-THE-SEA
Attachment 5
Proposed Changes – Clarify
• Clarify the definition of Capital Improvement Project (“CIP Project”) • Change Capital Project Policy to allow approved capital projects to be carried over and stay open until completed or closed, instead of automatically closing at the fiscal year end.

CITY OF CARMEL-BY-THE-SEA
Attachment 5
Proposed Changes – Provide Guidance
• Increased Capital Budget Guideline 1 requirement for CIP expenditures to be 10% of revenue instead of 3.5% of revenue. • Added Operating Budget Guideline 1 requirement that Operating Expenditures be no more that 90% of revenues, replacing the requirement that the budget surplus be 5% of expenditures. • Eliminated Fund Balance Guideline 6 requiring a capital reserve target balance of 20% of the estimated total five-year capital improvement plan expenditures, replacing it with the above 90% reserve target.
• Modify Fund Balance Guideline 1 to require a reserve of 50% of operating expenditures

CITY OF CARMEL-BY-THE-SEA
Attachment 5
Goal of Proposed Revision
The purpose of these Policy Revisions is to clarify existing policies in order to aid in policy compliance.

Tonight’s goal is a ‘Thumbs Up / Thumbs Down’ from the City Council so that these policy changes may be corrected in budget book.

The formal City policy 94-01 will come back on a future agenda item for approval.

CITY OF CARMEL-BY-THE-SEA
Attachment 5
End of Presentation
Questions?

CITY OF CARMEL-BY-THE-SEA
Attachment 5
City of Carmel-by-the-Sea
Street Addresses Public Vote
Discussion & Work Group Update
Staff Presentation
City Council Special Meeting
May 5, 2025
Attachment 6
Mayor Pro Tem’s Update
The Address Working Group
We are a self-forming group of citizens volunteering to help staff write the Book on Addresses
Group Members
❖ Nancy Twomey
❖ Kevin Ruess
❖ Paula Hazdavac
❖ Mayor Pro Tem Delves
❖ Administrative Analyst Emily Garay
❖ Others, as appropriate
Attachment 6
Writing the Book on Addresses
Table of Contents Lead % Complete
Chapter 1 Goals and History All Members 90%
Chapter 2 Post Office/Home Delivery Emily Garay 90%
Chapter 3 Emergency Dispatch/Response Times Mayor Pro Tem Delves 75% Chapter 4 Service Provider Input/Findings Nancy Twomey 10% Chapter 5 Community Input So Far Paula Hazdovac 50%
Chapter 6 Address Requirements Emily Garay 90%
Chapter 7 Potential Address Analysis Kevin Ruess 80%
Chapter 8 Potential Address Prototype Kevin Ruess 80%
Chapter 9 Change Management Plan All Members 10%
Chapter 10 Book Tour All Members 5%
Attachment 6
Estimated Timeline
Phase Date
Write the Book August 1st
Book Tour September 15th
City Council Update October
City Council Action November
The Street Addresses Book
Mayor Pro Tem’s Update
Attachment 6
City of Carmel-by-the-Sea
Public Vote Options
Three types of public vote:

1.Initiative – Voter Petition or City initiated
Elections Code Sections 9200 to 9226

2.Referendum
Elections Code Sections 9235 to 9247

3.Advisory Vote
Elections Code Section 9603
Attachment 6
City of Carmel-by-the-Sea
Public Vote Options Continued
❖ Voter Initiative – Council choices per Elections Code 9215: adopt the Ordinance without change or
submit the Ordinance to the voters. Legal issue of
state preemption if the result would be to allow the
City’s current code to remain in effect
❖ City Council Initiative – Propose an Ordinance to
voters regarding address identification
❖ Advisory Vote – Propose a question to voters
Attachment 6
City of Carmel-by-the-Sea
Focus of Presentation
❖Timeline and cost of a 2025 Special Election
❖Discussion necessary considering:
• Timeline constraints
• Resolution by City Council is required
• Appropriate ballot language must be drafted
for City Council's consideration
Attachment 6
2025 Special Election Timeline
The deadlines for a Special Election in an odd-numbered year are determined by California Elections Code section 9222.

For a Special Election, the City would contract with the Monterey County Elections Office to conduct the election.

Attachment 6
2025 Special Election Estimated Cost
November 2025 Special Election for Ballot Measure
Monterey County Elections Office
$16.00 - $24.0 per registered voter
~2,500 Carmel-by-the-Sea Registered Voters
Total Estimated Cost
$40,000 - $60,000
Attachment 6
City of Carmel-by-the-Sea
Staff’s Recommendation
• City Council action
• In consideration of the 2025 Special Election timeline requirements, staff recommends that City Council decides if the City will hold a special election for a street addresses ballot measure in November 2025
▪ If City Council decides to hold a November 2025 Special Election, staff will begin drafting necessary language for a Resolution to meet timeline requirements for a ballot
measure in a November 2025 Special Election
Attachment 6
City of Carmel-by-the-Sea
Questions?
Attachment 6

Carmel-by-the-Sea City CouncilMay 5, 2025

Carmel-by-the-Sea City Council
May 5, 2025