Agenda packet — Carmel-by-the-Sea City Council, August 4, 2026 (part 1 of 4)

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA
Contact: 831.620.2000 www.ci.carmel.ca.us
Mayor Dale Byrne
Councilmembers Jeff Baron, Hans Buder, Bob
Delves, and Alissandra Dramov
All meetings are held in the City Council Chambers
East Side of Monte Verde Street
Between Ocean and 7th Avenues
Regular Meeting
Tuesday, August 4, 2026
4:30 PM

HYBRID MEETING ATTENDANCE OPTIONS
This meeting will be held in person and via teleconference ("hybrid"). The public is welcome to attend the meeting in person or remotely via Zoom, however, the meeting will proceed as normal even if there are technical difficulties accessing Zoom. The City will do its best to resolve any technical issues as quickly as possible. To view or listen to the meeting from home, you may also watch the live stream on the City's YouTube page at: https://www.youtube.com/@CityofCarmelbytheSea/streams. To participate in the meeting via Zoom, copy and paste the link below into your browser and enter the passcode. https://ci-carmel-ca-us.zoom.us/j/83138976374
Webinar ID: 831 3897 6374
Passcode: 862068
Dial in: (253) 215-8782

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

CALL TO ORDER AND ROLL CALL

PLEDGE OF ALLEGIANCE

EXTRAORDINARY BUSINESS

CITY COUNCIL AMENDED AGENDA

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Non-Profit Spotlight: Monterey Symphony

PUBLIC APPEARANCES
Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person's comments shall be limited to 3 minutes, or as otherwise established by the Chair. While stating your name is optional, it helps to identify speakers in the meeting minutes. Under the Brown Act, public comment for matters on the agenda must relate to that agenda item, and public comments for matters not on the agenda must relate to the subject matter jurisdiction of this legislative body. Remote or in-person participants who do not comply with the requirements of the Brown Act will be muted.

ANNOUNCEMENTS
City Administrator Announcements
City Attorney Announcements
Councilmember Announcements

PUBLIC HEARINGS
1) Consideration of Adoption of Fee Schedule Amendment to the Fiscal Year 2026-2027 Fee Schedule, including updating fees citywide, Community Planning and Building, Public Safety, and Public Works; and Discussion and Direction regarding a Fee Waiver Policy - Continued from July 7, 2026

ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council discussion, debate, direction to staff, and/or action.
2) Discussion and Direction on Financial Stewardship Workgroup ad hoc - Continued from July 7, 2026
3) Resolution 2026-060 Authorizing the City Administrator to Execute a Construction Contract with Silcon Constructors for the Beach Access 12th and 10thh Avenues Stairs Repair Project (Carmel Beach Coastal Protection and Access Improvement) BID # 25-26-007, for a total not-toexceed amount of $364,417.13 including base bid ($223,149.70), Add Alternate ($80,531.24), and Contingency ($60,736.19)
4) Discussion and policy direction regarding: the permitting of Accessory Dwelling Units (ADUs), and draft amendments to Title 17 relating to

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ADUs.
5) Provide Direction Regarding a Potential Urgency Ordinance Addressing Home Hardening and Wildfire Safety Regulations Citywide RECESS
The City Council will take a 30-minute break around 6:30 p.m.

CLOSED SESSION
6) CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representative: City Attorney
Unrepresented employee: City Administrator

FUTURE AGENDA ITEMS

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

CORRESPONDENCE RECEIVED AFTER THE POSTING OF THE AGENDA Any correspondence or supplemental materials related to items on this agenda that are received after the agenda has been posted will be distributed to the City Council and made available for public review at City Hall (Monte Verde Street between Ocean and Seventh Avenues) during regular business hours. Written comments emailed to the City Clerk will not be read aloud, but will be posted online with the related agenda at: https://carmelbytheseaca.portal.civicclerk.com/.

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

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CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
August 4, 2026

PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jayme Fields, Finance Manager
APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Consideration of Adoption of Fee Schedule Amendment to the Fiscal Year 2026-2027 Fee Schedule, including updating fees citywide, Community Planning and Building, Public Safety, and Public Works; and Discussion and Direction regarding a Fee Waiver Policy (COPY) - Continued from July 7, 2026
RECOMMENDATION:

Receive a presentation on the proposed amendments to the Fiscal Year 2026-2027 Fee Schedule for Citywide services and a Draft Fee Waiver Policy and provide direction to staff.

BACKGROUND / SUMMARY:

The City provides a variety of services that benefit specific individuals, such as the issuance of business licenses, planning and building permits, and tree removal permits.

In accordance with State law, the City is legally allowed to charge a fee to the user of a specific service to recover the cost of providing the service and should collect that fee so that services provided to individuals do not become a burden on the General Fund.

To help determine the cost of providing certain services, as well as to develop alternative and more equitable ways to finance some services, the City commissioned fee studies to understand the time and materials provided by it to individuals and created the Fiscal Year 2026-2027 fee schedule (“FY 26-27”) based on these studies.

The resulting schedule was approved at the May 5, 2026 City Council meeting. At that meeting, the City also discussed the possibility of bringing the fee schedule back with updates and improvements. The attached revised fee schedule does that (See

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Attachment 2 showing redlined/highlighted changes, and Attachment 3 showing a revised citation). The changes proposed to the fees include:
• Language that allows the City to waive fees under specific conditions • Updates to the fine related to parking citations for Overtime parking • Simplification of fee descriptions and the addition of the ability to recover legal fees, where applicable
• The ability to collect fees for Unusual Services without creating an overly complex list
Waiver of Fees
While it is important for a City to recover the costs of services provided to individuals, there may be instances where the service, or its end result, is in the public interest. In those instances, the City may want to be able to waive or amend the fee listed in the fee schedule. The following suggested language allows for that:

City Administrator Fee Waiver Authority
Written requests for fee waivers may be submitted in writing with a justification statement to the City Administrator or designee. Fee reductions or waivers may be granted for activities or uses determined by the City Administrator to be in the public interest, support a civic or community benefit, promote equity or access, or align with goals adopted by the City Council. Requests that do not meet these criteria require City Council approval. Fee waivers exceeding the City Administrator’s signing authority shall also require City Council approval.

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o Provides a scope of benefit beyond the residents of the immediate vicinity; and
o Is of obvious public benefit. Evidence of public benefit includes, but not limited to projects that:
▪ Meet a public need previously identified or recognized by the City Council;
▪ Provide a public facility not presently available in the community;
▪ Is authorized and non-discriminatory;
▪ Have generated obvious, substantial community support; or ▪ Would either reduce City costs or increase City revenue. • Services being performed that benefit the City.

Parking Citations
As a part of the enhanced parking enforcement effort being initiated by the City, an increase to the Overtime Parking CODE 10.32.060 CMC (i.e. parking past the posted time limit) appears reasonable. This citation bail amount (i.e. “fine”) has not been increased since June of 2019. The suggested increase is two-fold. First, the suggested increase updates the base fine to bring it into line with neighboring cities, and second, the suggested increase adds tiers to the fine structure to focus the impact of enhanced parking enforcement on repeat offenders in order to change those most resistant parking behaviors.

A comparison to other cities vs. the current and proposed City citation structure is as follows:

Ticket
Type Monterey Pacific Grove Seaside Sand City
Statewide
Average
Carmel-bythe-Sea
(Current)
Carmel-bythe-Sea
(Proposed)
Notes
Parking Over
Time Limit $48 $48 $48 N/A $65 $40 $48 First offense
$60 Second
offense
$80 Third+
offense
Progressive parking penalties target a small number of chronic violators, providing a higher likelihood of deterrence. Overall, the fines for the first infraction are not large, we are only materially raising the cost on those who most need to change their parking behavior.

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In addition to the preceding, the Council may consider having the amount of the fine fluctuate based on the time of year (similar to demand pricing in the hotel industry). The State of California statues that govern parking fines do not disallow this but do recommend that parking fines be generally consistent with neighboring cities.

Per discussion with the City of Monterey, their city is not currently charging increased fines at certain times of the year but is reviewing the potential of doing so.

Simplified Descriptions including Legal Costs
For certain types of services, particularly things like land use appeals where there is a wide diversity in the amount of legal work being performed, the City has determined that it is fairer for the individuals receiving the service to charge them the actual costs incurred rather than a flat fee. The fee schedule therefore talks about recovering “outside” costs. The wording of the schedule has been updated to simplify the schedule and refer to a clarifying footnote in these cases.

Unusual Services
In the same vein as the revision above, the fee schedule for the City is a list of the most frequent fees. There are services that might arise that are not anticipated in the existing list. Rather than make an exhaustive list of all possible fees (which can add up to 50 pages or more in larger cities) the City has included a “Citywide” fee for unusual services which have no fee listed in the fee schedule. The rules for every fee on the list are the same: the fee must represent the recovery of the actual costs incurred by the City. This new fee applies those rules to the unusual service that has arisen, where the fee will be applied as actual time spent.

Summary
The purpose of this agenda item is to provide an update regarding fees and fines (see Attachment 1), and for Council to make addition recommendations to the proposed revised schedules, if any. The next meeting of the City Council will be the second hearing on these revisions. If the Council adopts the revisions in that meeting, the revised fee schedule and citation will become effective 60-days after adoption of the resolution, which is September 6, 2026.

By implementing the revised schedules, the City Council ensures that the individuals receiving specific services pay for the staff time they consume. This protects our volatile Sales Tax and TOT revenues, allowing them to be dedicated to the core municipal services that define the character of Carmel-by-the-Sea.

Staff recommends the adoption of the revised 2026 fee schedule and citation. However, the City Council retains full discretion in establishing fee levels and may choose to adopt, modify, phase, or defer any proposed adjustments based on policy priorities, community considerations, and broader financial conditions.

FISCAL IMPACT:

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The estimated impact of this revised fee schedule and citation is an increase of an estimated $30,000 in additional citation revenue on an annual basis.

The revenue from fees allows the City to recover its costs for providing a service to help offset the cost of services. This means that the overall General Fund revenues are not subsidizing user fees, so more of the General Fund is available to fund community-wide activities that have a public benefit, like libraries, public safety, and public works.

PRIOR CITY COUNCIL ACTION:

City Council reviewed and approved the FY 2025 – 2026 Fee schedule on May 5, 2026 ATTACHMENTS:

1. Revised Master Fee Schedule FY26-27

2. REDLINED - Revised Master Fee Schedule FY26-27 with changes highlighted

3. Revised Citation 10.32.060

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Fee Code
Fee

COMMUNITY PLANNING & BUILDING
Design Study and Review
S-001 TRACK 1 DESIGN REVIEW/STUDY - MINOR $ 930 per application 930.00 S-002 TRACK 1 DESIGN REVIEW/STUDY - MAJOR $1,307 per application 1,307.00 S-002A TRACK 1 DESIGN REVIEW/STUDY-STREAMLINE $ 314 per application 314.00 S-003 TRACK 1 DESIGN REVIEW/STUDY - REFERRAL TO

PLANNING COMMISSION
$2,267 per application in addition to the base Track 1
fee 2,267.00
S-003A TRACK 1 DESIGN REVIEW/STUDY-REFERRAL TO

HISTORIC RESOURCES BOARD
$2,223 per application in addition to the base Track 1
fee 2,223.00
S-004
TRACK 2 DESIGN REVIEW - MINOR $5,010 per application plus deposit* if hours exceed 20 hours 5,010.00
S-005
TRACK 2 DESIGN REVIEW - MAJOR $7,571 per application plus deposit* if hours exceed 30 hours 7,571.00
S-005A TRACK 2 DESIGN REVIEW - MAJOR NEW COMMERCIAL
BUILDING $3,164 per application, plus a deposit* 3,164.00 S-121 ADDITIONAL PLAN CHECK - PLANNING $465 each, after three plan checks 465.00 S-006 PRELIMINARY SITE ASSESSMENT $1,914 per application 1,914.00 S-007 REASONABLE ACCOMMODATION $ 256 per application, plus fee for associated Design Study/Design Review as applicable 256.00
S-008 VOLUMETRIC ANALYSIS $ 180 per application, plus $1,500 deposit toward costs ** 180.00
Use Permit and Other Services
S-009 USE PERMIT $3,922 per application 3,922.00
S-011 USE PERMIT AMENDMENT $3,506 per application 3,506.00 S-012 TEMPORARY USE PERMIT $ 212 per application 212.00 S-013 RESTRICTED COMMERCIAL USE TRANSFER REQUEST $ 776 per application 776.00 S-014 WATER CREDIT TRANSFER REQUEST $3,949 per application 3,949.00 S-015 VARIANCE $2,232 per application 2,232.00
S-017 PRELIMINARY APPLICATION REVIEW - STAFF $1,735 per application with 50% of this fee credited towards future planning fees for this project. 1,735.00 S-018

PRELIMINARY APPLICATION REVIEW - PUBLIC

HEARING (PLANNING COMMISSION, CITY COUNCIL,
ETC.)
$4,750 per application with 50% of this fee credited
towards future planning fees for this project. 4,750.00 S-019 COASTAL DEVELOPMENT PERMIT - DEVELOPMENT $ 238 per application - Added to other Planning fees 238.00 S-019A COASTAL DEVELOPMENT PERMIT - EVENT $1,016 per application 1,016.00 S-060 LANDSCAPE PLAN CHECK/INSPECTION $1,016 per plan/inspection 875.00 PLANNING TECHNICAL ASSISTANCE Charge the fully allocated hourly rate for all personnel involved after 15 minutes.

TOBACCO RETAIL LICENSE Current fee as adopted by the Monterey County Board of Supervisors
EXTRAORDINARY DEVELOPMENT Deposit amount TBD based on scope of project ** Amendments, Annexations and Agreements
S-020 SPECIFIC PLAN/SPECIFIC PLAN AMENDMENT $5,253 deposit toward costs ** 5,253.00 S-022 GENERAL PLAN AMENDMENT $5,253 deposit toward costs ** 5,253.00 S-023 SPHERE OF INFLUENCE AMENDMENT $5,253 deposit toward costs ** 5,253.00 S-024 ZONING CODE AMENDMENT $5,253 deposit toward costs ** 5,253.00 S-025 ANNEXATION $10,506 deposit toward costs ** 10,506.00 S-026 DEVELOPMENT AGREEMENT $10,506 deposit toward costs ** 10,506.00 Environmental Review Maps and Lot Lines
S-027 ENVIRONMENTAL REVIEW (IS/ND/EIR) Contract cost plus 10% S-028 FILING ENVIRONMENTAL NOTICE OF EXEMPTION $ 737 per application plus associated Monterey County fees 737.00
MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised ATTACHMENT 1

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Fee Code
MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised Fee S-029 MITIGATION MONITORING $3,152 deposit toward costs ** 3,152.00 S-030 TENTATIVE/FINAL MAP $4,202 deposit toward costs ** 4,202.00 S-031 AMENDED FINAL MAP $1,051 deposit toward costs ** 1,051.00 S-032 CERTIFICATE OF COMPLIANCE $1,018 per application plus actual contract cost 1,018.00 S-033

LOT LINE ADJUSTMENT/SUBDIV - PLANNING
COMMISSION $1,340 per application plus actual contract cost 1,340.00 S-034 LOT MERGER $1,042 per application plus actual contract cost 1,042.00 Historic Evaluation
S-035 PRELIMINARY PHASE 1 - INITIAL ASSESSMENT OF

HISTORIC SIGNIFICANCE
$ 402 per application plus Historian fee (currently
$474) 402.00
S-035A PHASE 1 - HISTORIC EVALUATION $ 580 per application plus actual cost for Historian review with $1,500 deposit 580.00
S-036 PHASE 2 - HISTORIC EVALUATION (INCLUDES

HISTORIC RESOURCES BOARD HEARING)
$2,567 per application plus actual cost for Historian
review with $1,500 deposit 2,567.00
S-037 APPEAL TO HISTORIC RESOURCES BOARD $2,053 per application plus actual cost for Historian review with $1,500 deposit *** 2,053.00
S-038 MILLS ACT CONTRACT APPLICATION $4,293 per application plus actual cost to record contract with County of Monterey 4,293.00
MILLS ACT MAINTENANCE PLAN REVIEW $1,051 deposit toward costs** 1,051.00 MILLS ACT 5-YEAR INSPECTION $ 525 deposit toward costs ** 525.00 MILLS ACT 10-YEAR MAINTENANCE PLAN REVIEW $1,051 deposit toward costs** 1,051.00 Determinations, Extensions and Appeals
S-039 PLANNING COMMISSION CODE DETERMINATION $2,196 per application 2,196.00 S-040 ZONING COMPLIANCE DETERMINATION Charge the fully allocated hourly rates for all personnel involved with a one hour minimum
S-041 PERMIT TIME EXTENSION - STAFF $ 538 per application 538.00 S-042 PERMIT TIME EXTENSION - PLANNING COMMISSION $1,349 per application 1,349.00 S-042A PERMIT TIME EXTENSION - CITY COUNCIL $1,312 per application 1,312.00 S-043

PUBLIC HEARING CONTINUANCE - PLANNING
COMMISSION $ 992 per continuance 992.00
S-043A PUBLIC HEARING CONTINUANCE - COUNCIL $ 992 per continuance 992.00 S-044 APPEAL TO PLANNING COMMISSION
$2,501 per appeal ***- No charge for appeals of
Coastal Development Permits (CDPs) within the
Coastal Commission Appeal Jurisdiction (CMC

17.20.140)
2,501.00
S-044A APPEAL TO CITY COUNCIL
$2,712 per appeal ***- No charge for appeals of
Coastal Development Permits (CDPs) within the
Coastal Commission Appeal Jurisdiction (CMC

17.20.140)
2,712.00
Sign and Banners
S-045 SIGN APPLICATION $ 601 per application 601.00
S-046 SIGN REFERRAL TO PLANNING COMMISSION $1,907 per application 1,907.00 S-047 RELOCATE EXISTING SIGN $ 328 per application 328.00 TEMPORARY SIGN PERMIT No permit fee required 0.00

BANNER APPLICATION
$0 per application, applicant bears the fully burdened
cost of installation through City approved third-party
vendors
Building Services
S-050 BUILDING RELOCATION Deposit toward costs **
S-051 LARGE FAMILY DAY CARE (RESIDENTIAL) $3,216 per application 3,216.00 GENERAL PLAN UPDATE 15. % of all Building & Safety permits 15.0% S-054 BUILDING PLAN CHECK Based on Building and Safety Construction Valuation S-122 ADDITIONAL PLAN CHECK - BUILDING $ 409 each, after three plan checks 409.00 ATTACHMENT 1

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Fee Code
MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised Fee S-054A BUILDING INSPECTION Based on Building and Safety Construction Valuation S-054B BUILDING RE-INSPECTION $ 179 per re-inspection 179.00 S-123 OWNER BUILDER PLAN CHECK & INSPECTION Based on Building and Safety Construction Valuation S-054C BUILDING PERMIT APPLICATION EXTENSION $ 123 per extension (maximum of 4) 123.00 S-054D BUILDING PERMIT EXTENSION $ 206 per extension (maximum of 2) 206.00 S-054E BUILDING PERMIT PRE-APPLICATION CONFERENCE $ 464 per application 464.00 S-124

STORM WATER CONSTRUCTION INSPECTION -
RESIDENTIAL per winter season 374.00
S-125

STORM WATER CONSTRUCTION INSPECTION -
COMMERCIAL per weekly inspection 125.00
S-055 BUILDING SINGLE TRADE PERMIT $ 201 per permit 201.00 S-055A ON-SITE DRIVEWAY PERMIT $ 512 per permit 512.00
S-056 SOLAR PLAN CHECK/INSPECTION PERMIT Plan Check AND Inspection - $ 450 plus $15 per kW over 15kW (Per Assembly Bill 1414) 450.00
S-057 RE-ROOF PERMIT $ 332 per permit 332.00
S-058 BUILDING BOARD APPEAL $1,394 per appeal *** 1,394.00 S-059 DUPLICATE INSPECTION CARD $ 78 per card 78.00
BUILDING TECHNICAL ASSISTANCE Charge the fully allocated hourly rate for all personnel involved after 15 minutes.

S-059B STOP WORK INVESTIGATION $ 784 per investigation plus double all Building Permit fees 784.00
S-059C TEMPORARY CERTIFICATE OF OCCUPANCY $ 281 per application 281.00 S-059D ALTERNATE MATERIALS/METHODS REVIEW $ 277 per application plus actual cost of City Staff for all time over one hour. 277.00
S-059E BUILDING PHASED WORK REQUEST $ 402 per application 402.00 0% BUILDING TECHNOLOGY SURCHARGE $ 9 per permit 9.00
Bench Program
S-061 NEW BENCH LOCATION
$3,676 per application plus the actual cost of the
bench and plaque (plus $750 for future maintenance)
plus $2,005 if a public hearing is required.
3,676.00
S-062 ADOPTION OF EXISTING BENCH
$1,560 per application plus the actual cost of the
refurbished bench and plaque (plus $750 for future
maintenance) plus $530 if a public hearing is
required.
1,560.00
S-063 REPLACEMENT OF BENCH PLAQUE $1,209 per application plus the actual cost of the plaque plus $530 if a public hearing is required. 1,209.00 Encroachment Permits
S-069 TEMPORARY ENCROACHMENT PERMIT $ 453 per permit 453.00 S-070xa STREET EXCAVATION (incl. street trench cut) $1,056 per permit, plus $8.75/lineal foot of work being performed 1,056.00
S-070xb STREET EXCAVATION - SEWER LINE LATERAL $ 250 per permit, plus $8.75/lineal foot of work being performed 250.00
S-126 GRADING - PLAN REVIEW Based on Public Works Construction Valuation S-127 GRADING - INSPECTION Based on Public Works Construction Valuation S-128 PUBLIC IMPROVEMENTS - PLAN REVIEW Based on Public Works Construction Valuation S-129 PUBLIC IMPROVEMENTS - INSPECTION Based on Public Works Construction Valuation S-130 TRAFFIC ANALYSIS REVIEW $ 409 per application plus actual outside costs. 409.00 S-131 ADDITIONAL PLAN CHECK - PUBLIC WORKS $ 409 per application plus actual outside costs. 409.00 ATTACHMENT 1

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Fee Code
MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised Fee S-070 PERMANENT ENCROACHMENT PERMIT
$1,581 per permit plus $8.75/lineal foot
Plus cost of any damage to public right-of-way or
street as determined by the Public Works Director
Plus cost of and Design Study/Design Review as
needed
Plus cost of referral to City Council if needed.
1,581.00
S-070A TRAFFIC CONTROL PLAN REVIEW/INSPECTION $1,296 per review plus $405 per each additional review 1,296.00
SIDEWALK VENDING PERMIT $ 469 per new applications 469.00 $ 231 per renewal 231.00

USE OF ONLINE ELECTRONIC PAYMENT - CP&B
DEPARTMENT 3.5% OF CHARGED AMOUNT

USE OF CREDIT CARD/ DEBIT CARD - CP&B
DEPARTMENT 3.5% OF CHARGED AMOUNT

PUBLIC WORKS/FORESTRY
S-002B TREE EVALUATION $ 250 per application 250.00
S-002Bx TREE REMOVAL PERMIT - DEAD TREE $ 250 per permit 250.00 S-072 TREE REMOVAL PERMIT $1,631 per permit 1,631.00
S-072A TREE PRUNING PERMIT $ 250 per permit 250.00

PRUNING OR REMOVAL OF CITY TREE USING PRIVATE
FUNDS UNDER CITY FORESTER INSTRUCTIONS No permit fee required 0.00 S-072C APPEAL TO FOREST & BEACH COMMISSION $3,331 per appeal plus actual outside costs *** 3,331.00 S-044A APPEAL TO CITY COUNCIL $2,712 per appeal plus actual outside costs *** 2,712.00 S-073
REMOVAL OF PRIVATE TREE FALL IN PUBLIC RIGHTOF-WAY
Charge the fully allocated hourly rate for all personnel involved plus any outside costs
S-074 DAMAGE TO CITY PROPERTY Charge the fully allocated hourly rate for all personnel involved plus any outside costs

USE OF ONLINE ELECTRONIC PAYMENT- PUBLIC
WORKS DEPT 3.5% OF CHARGED AMOUNT

USE OF CREDIT CARD/ DEBIT CARD- PUBLIC WORKS
DEPT 3.5% OF CHARGED AMOUNT

PUBLIC SAFETY
Police Services
S-075 LOUD PARTY PUBLIC DISTURB. - 1st Response First Response - No Charge First Respon S-075xa LOUD PARTY PUBLIC DISTURB. - 2nd Response Second Response the same day - $ 337 per response 337.00
S-075xb LOUD PARTY PUBLIC DISTURB. - 3rd+ Response Third Response within a calendar year - $ 674 per response 674.00
S-076 POLICE FALSE ALARM - 1st RESPONSE First Activation - $ 154 154.00 S-076xa POLICE FALSE ALARM - 2nd RESPONSE Second Activation - $ 185 185.00 S-076xb POLICE FALSE ALARM - 3rd+ RESPONSE Each Subsequent Activation in a calendar year - $ 278 278.00
S-077 ALARM PERMIT - New New - $ 40 per permit 40.00
S-077xa ALARM PERMIT - Renewal Renewal - $ 30 per permit 30.00 S-078 VEHICLE IMPOUND RELEASE $ 202 per vehicle 202.00
S-079 MISDEMEANOR BOOKING Non-Carmel bookings - $ 230 per booking 230.00 S-080 MISCELLANEOUS POLICE PERMIT $ 259 per application plus DOJ fees 259.00 S-081 FINGERPRINTING ON REQUEST $ 40 plus outside agency fees 40.00 S-082 CLEARANCE FORM TRAVEL LETTER $ 57 per letter 57.00 S-083 VIN VERIFICATION $ 63 per vehicle 63.00
S-084 CITATION SIGN-OFF Non-Carmel citations - $ 38 per citation 38.00 S-087 SIGN ABATEMENT $ 45 per sign 45.00
S-089 POLICE COURT WITNESS Fees are set by the court
ATTACHMENT 1

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Fee Code
MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised Fee S-090 POLICE REPORT COPY 1st 10 pages - No Charge, Each additional page - $1.00 1.00
S-091 POLICE PHOTOGRAPH COPY Photo - $ 6 per photo, digital - $ 6 per disk 6.00 USE OF ONLINE ELECTRONIC PAYMENT 3.5% OF CHARGED AMOUNT USE OF CREDIT CARD/ DEBIT CARD 2.5% OF CHARGED AMOUNT
Animal Services
ANIMAL IMPOUND Within a calendar year:

S-085 ANIMAL IMPOUND - 1st IMPOUND First impound - $ 117 117.00 S-085xa ANIMAL IMPOUND - 2nd IMPOUND Second impound - $ 137 137.00 S-085xb ANIMAL IMPOUND - 3rd+ IMPOUND Third and subsequent impounds - $ 161 161.00 S-086 ANIMAL TRANSPORT - Local Local Transport - $ 29 per transport 29.00 S-086xa ANIMAL TRANSPORT - To County To County Animal Shelter - $ 104 per transport 104.00 Parking
S-088 RESIDENT/EMPLOYEE PARKING PERMIT $ 40 per permit 40.00 $ 127 Misuse of Residential Permit 127.00
S-111xa CONTRACTOR PARKING PERMIT - Non Specific $ 19 non specific 19.00 S-111xb CONTRACTOR PARKING PERMIT - Specific $ 43 space specific 43.00 NORTON COURT PARKING GARAGE $2,520 annually per space, $630 quarterly per space 2,520.00 USE OF ONLINE ELECTRONIC PAYMENT 3.5% OF CHARGED AMOUNT Fire Services
FIRE PLAN CHECK/ REVIEW/INSPECTIONS Current fee schedule as adopted by City of Monterey Council
USE OF ONLINE ELECTRONIC PAYMENT 3.5% OF CHARGED AMOUNT USE OF CREDIT CARD/ DEBIT CARD 2.5% OF CHARGED AMOUNT
AMBULANCE TRANSPORT SERVICES Current fee schedule as adopted by Monterey County ambulance transport

ADMINISTRATIVE SERVICES
S-107 NEW BUSINESS REG. PROCESS - Fixed Location Fixed Location - $ 584 per application + $4 State fee 584.00 S-107xa NEW BUSINESS REG. PROCESS - In & About In & About - $ 40 per application + $4 State fee 40.00 S-107xb NEW BUSINESS REG. PROCESS - Home License Home License - $ 219 per application 219.00 S-108 BUSINESS REGISTER RENEWAL PROCESS $ 22 per renewal +$4 State fee 22.00 S-109 DUPLICATE BUSINESS LICENSE $ 9 per license 9.00
S-110 CHANGE BUSINESS NAME $ 30 per business 30.00
USE OF ONLINE ELECTRONIC PAYMENT 3.5% OF CHARGED AMOUNT Finance
S-113 NSF CHECK PROCESSING $ 56 per NSF check 56.00
City Clerk
S-114 DOCUMENT REPRODUCTION/SCANNING First 10 copies - No Charge First 10 copie Additional copies - $0.25 per copy 0.25
FPPC copies - $0.15 per copy plus $5 for retrieval of
documents if more than five years old plus postage
cost if mailed

0.15 S-115 ELECTRONIC FILE COPY $ 6 per device 6.00
S-116 DOCUMENT CERTIFICATION $ 12 per document 12.00
S-118

RECORD COMPILATION
Record Compilation/Creation - charge the fully
allocated hourly rate for all personnel involved plus
any outside costs.

S-119 LOCAL CANDIDATE FILING $ 25 per candidate- Fee is set by the State 25.00 S-120 LOCAL INITIATIVE PROCESSING
$ 200 per initiative- This fee is limited by the State
Law - Elections Code Section 9202(b) - Fee is
refundable to the filer, if within one year of filing the notice of intent, the elections official certifies the
sufficiency of the petition.
200.00
ATTACHMENT 1

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Fee Code
MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised Fee USE OF ONLINE ELECTRONIC PAYMENT 3.5% OF CHARGED AMOUNT USE OF CREDIT CARD/ DEBIT CARD 2.5% OF CHARGED AMOUNT

COMMUNITY ACTIVITES
S-092 BEACH SPECIAL EVENT PERMIT Processing: Non-Profit/School - $ 135 per permit 135.00 Processing: Other - $ 135 per permit 135.00
Rental: Non-Profit/School - $ 293 per rental plus
$500 refundable damage deposit 293.00
Rental: Other - $ 586 per rental plus $500 refundable
damage deposit 586.00
Sounds Permit: Non-Profit/School - $ 12 per permit 12.00 Sounds Permit: Other - $ 29 per permit 29.00
S-094 SPECIAL EVENT PERMIT Processing: Non-Profit/School - $ 211 per permit 211.00 Processing: Other - $ 405 per permit 405.00
Rental: Non-Profit/School - $ 293 per rental plus
$500 refundable damage deposit 293.00
Rental: Other - $ 586 per rental plus $500 refundable
damage deposit 586.00
With Alcohol: Non-Profit/School - $ 53 per permit 53.00 With Alcohol: Other - $ 211 per permit 211.00
Sounds Permit: Non-Profit/School - $ 12 per permit 12.00 Sounds Permit: Other - $ 29 per permit 29.00
S-095

SPECIAL EVENT OVERTIME SERVICES
Overtime Staff time: Non-Profit/School - Charge 25%
of the fully allocated hourly rates for all personnel
involved
Overtime Staff time: Other - Charge 100% of the fully
allocated hourly rates for all personnel involved
Barricade Rental - $1,171 Resident Block Party - No
Charge 1,171.00
Parking Stall Rental: Non-Profit/School - $ 211 per
permit plus $100 per stall/day 211.00
Parking Stall Rental: Other - $861 per permit plus
$150 per stall/day 861.00
Parking Stall Rental: Peak Demand Rental - $300
per stall/day
S-096 FILM PERMIT - Non-Profit Non-Profit/Student - $ 129 129.00 S-096xa FILM PERMIT - Still Other: Still Photo - $ 385 385.00 S-096xb FILM PERMIT - Motion Picture Other: Motion Picture - $ 655 655.00 S-097 COMMUNITY ACTIVITIES APPEAL $1,174 per appeal *** 1,174.00 S-099
FACILITY RENTAL $ 90 per hour plus $125 refundable cleaning deposit 90.00 USE OF ONLINE ELECTRONIC PAYMENT 3.5% OF CHARGED AMOUNT USE OF CREDIT CARD/ DEBIT CARD 2.5% OF CHARGED AMOUNT
Library
S-102 INTERLIBRARY LOAN PROCESSING $ 3 per item 3.00
S-104 LOST/DAMAGED MATERIALS PROCESSING Actual cost of lost or damaged materials SELF SERVE LIBRARY COPYING Black and White - $0.20 per copy 0.20 City Wide
For services requested of City staff which have no fee listed in this fee schedule, the City Administrator or the City Administrator’s designee shall determine the appropriate fee based on the hours of service provided by the City at the established hourly rates for this department. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.

ATTACHMENT 1

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Fee Code
MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised Fee * Deposit determined by staff with charges at the fully allocated hourly rates for associated staff. May require a fee agreement. ** Costs to include charges at the fully allocated hourly rates plus any outside costs. May require a Fee Agreement. *** Plus legal costs related to appeal.

The following are examples of instances where services provided to individuals may be in the public interest:
•Inclusionary portions of proposed residential developments. •Special Handing affordable housing projects.
•Persons age 62 or over on a fixed, very low income defined by Housing and Urban Development (HUD). •Permit fees for the repair or reconstruction of property and structures damaged or destroyed by an act or event that has been declared a disaster by the City Council where insurance is inadequate to pay the applicable fees. •Development, enhancement, expansion or modification of needed community facilities by non-profit organizations and community groups meeting the following criteria:
o The proposed project is available for use by the general public; and o Provides a scope of benefit beyond the residents of the immediate vicinity; and o Is of obvious public benefit. Evidence of public benefit include, but not limited to, projects that:
- Meet a public need previously identified or recognized by the City Council; - Provide a public facility not presently available in the community; - Is authorized and non-discriminatory;
- Have generated obvious, substantial community support; or - Would either reduce City costs or increase City revenue. •Services being performed that benefit the City.

ATTACHMENT 1

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Fee Code
Fee

PLANNING COMMISSION
$2,267 per application in addition to the base Track 1
fee 2,267.00
S-003A TRACK 1 DESIGN REVIEW/STUDY-REFERRAL TO

HISTORIC RESOURCES BOARD
$2,223 per application in addition to the base Track 1
fee 2,223.00
S-004
TRACK 2 DESIGN REVIEW - MINOR $5,010 per application plus deposit* if hours exceed 20 hours 5,010.00
S-005
TRACK 2 DESIGN REVIEW - MAJOR $7,571 per application plus deposit* if hours exceed 30 hours 7,571.00
S-005A TRACK 2 DESIGN REVIEW - MAJOR NEW COMMERCIAL
BUILDING $3,164 per application, plus a deposit* 3,164.00 S-121 ADDITIONAL PLAN CHECK - PLANNING $465 each, after three plan checks 465.00 S-006 PRELIMINARY SITE ASSESSMENT $1,914 per application 1,914.00 S-007 REASONABLE ACCOMMODATION $ 256 per application, plus fee for associated Design Study/Design Review as applicable 256.00
S-008 VOLUMETRIC ANALYSIS
$ 180 per application, plus $1,500 deposit toward
costs ** with charges at the fully allocated hourly
rates plus any outside costs.
180.00
* Deposit determined by staff with charges at the fully allocated hourly rates for Project Planner.

Use Permit and Other Services
S-009 USE PERMIT $3,922 per application 3,922.00
S-011 USE PERMIT AMENDMENT $3,506 per application 3,506.00 S-012 TEMPORARY USE PERMIT $ 212 per application 212.00 S-013 RESTRICTED COMMERCIAL USE TRANSFER REQUEST $ 776 per application 776.00 S-014 WATER CREDIT TRANSFER REQUEST $3,949 per application 3,949.00 S-015 VARIANCE $2,232 per application 2,232.00
S-017 PRELIMINARY APPLICATION REVIEW - STAFF $1,735 per application with 50% of this fee credited towards future planning fees for this project. 1,735.00 S-018

PRELIMINARY APPLICATION REVIEW - PUBLIC

TOBACCO RETAIL LICENSE Current fee as adopted by the Monterey County Board of Supervisors

EXTRAORDINARY DEVELOPMENT
Deposit amount TBD based on scope of project **,
with charges at the fully allocated hourly rates plus
any outside costs
Amendments, Annexations and Agreements
S-020 SPECIFIC PLAN/SPECIFIC PLAN AMENDMENT $5,253 deposit toward costs **. with charges at the fully allocated hourly rates plus outside costs 5,253.00 S-022 GENERAL PLAN AMENDMENT $5,253 deposit toward costs **. with charges at the fully allocated hourly rates plus outside costs 5,253.00 S-023 SPHERE OF INFLUENCE AMENDMENT $5,253 deposit toward costs **. with charges at the fully allocated hourly rates plus outside costs 5,253.00 S-024 ZONING CODE AMENDMENT $5,253 deposit toward costs **. with charges at the fully allocated hourly rates plus outside costs 5,253.00 MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised ATTACHMENT 2

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Fee Code
MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised Fee S-025 ANNEXATION $10,506 deposit toward costs ** with charges at the fully allocated hourly rates plus outside costs 10,506.00 S-026 DEVELOPMENT AGREEMENT $10,506 deposit toward costs ** with charges at the fully allocated hourly rates plus outside costs 10,506.00 Environmental Review Maps and Lot Lines
S-027 ENVIRONMENTAL REVIEW (IS/ND/EIR) Contract cost plus 10% S-028 FILING ENVIRONMENTAL NOTICE OF EXEMPTION $ 737 per application plus associated Monterey County fees 737.00
S-029 MITIGATION MONITORING $3,152 deposit toward costs **. with charges at the fully allocated hourly rates plus outside costs 3,152.00 S-030 TENTATIVE/FINAL MAP $4,202 deposit toward costs **. with charges at the fully allocated hourly rates plus outside costs 4,202.00 S-031 AMENDED FINAL MAP $1,051 deposit toward costs **. with charges at the fully allocated hourly rates plus outside costs 1,051.00 S-032 CERTIFICATE OF COMPLIANCE $1,018 per application plus actual contract cost 1,018.00 S-033

MILLS ACT MAINTENANCE PLAN REVIEW
$1,051 deposit toward costs** with charges at the
fully allocated hourly rates plus any outside costs for qualified professional to review plan.
1,051.00
MILLS ACT 5-YEAR INSPECTION
$ 525 deposit toward costs ** with charges at the
fully allocated hourly rates plus any outside costs for qualified professional
525.00
MILLS ACT 10-YEAR MAINTENANCE PLAN REVIEW
$1,051 deposit toward costs** with charges at the
fully allocated hourly rates plus any outside costs for qualified professional to review plan.
1,051.00
Determinations, Extensions and Appeals
S-039 PLANNING COMMISSION CODE DETERMINATION $2,196 per application 2,196.00 S-040 ZONING COMPLIANCE DETERMINATION Charge the fully allocated hourly rates for all personnel involved with a one hour minimum
S-041 PERMIT TIME EXTENSION - STAFF $ 538 per application 538.00 S-042 PERMIT TIME EXTENSION - PLANNING COMMISSION $1,349 per application 1,349.00 S-042A PERMIT TIME EXTENSION - CITY COUNCIL $1,312 per application 1,312.00 S-043

17.20.140)
2,501.00
S-044A APPEAL TO CITY COUNCIL
$2,712 per appeal ***- No charge for appeals of
Coastal Development Permits (CDPs) within the
Coastal Commission Appeal Jurisdiction (CMC

17.20.140)
2,712.00
ATTACHMENT 2

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Fee Code
MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised Fee Sign and Banners
S-045 SIGN APPLICATION $ 601 per application 601.00
S-046 SIGN REFERRAL TO PLANNING COMMISSION $1,907 per application 1,907.00 S-047 RELOCATE EXISTING SIGN $ 328 per application 328.00 TEMPORARY SIGN PERMIT No permit fee required 0.00

BANNER APPLICATION
$0 per application, applicant bears the fully burdened
cost of installation through City approved third-party
vendors
Building Services
S-050

BUILDING RELOCATION
Deposit toward costs ** determined by staff with
charges at the fully allocated hourly rates for all
personnel involved plus any outside costs
S-051 LARGE FAMILY DAY CARE (RESIDENTIAL) $3,216 per application 3,216.00 GENERAL PLAN UPDATE 15. % of all Building & Safety permits 15.0% S-054 BUILDING PLAN CHECK Based on Building and Safety Construction Valuation S-122 ADDITIONAL PLAN CHECK - BUILDING $ 409 each, after three plan checks 409.00 S-054A BUILDING INSPECTION Based on Building and Safety Construction Valuation S-054B BUILDING RE-INSPECTION $ 179 per re-inspection 179.00 S-123 OWNER BUILDER PLAN CHECK & INSPECTION Based on Building and Safety Construction Valuation S-054C BUILDING PERMIT APPLICATION EXTENSION $ 123 per extension (maximum of 4) 123.00 S-054D BUILDING PERMIT EXTENSION $ 206 per extension (maximum of 2) 206.00 S-054E BUILDING PERMIT PRE-APPLICATION CONFERENCE $ 464 per application 464.00 S-124

STORM WATER CONSTRUCTION INSPECTION -
RESIDENTIAL per winter season 374.00
S-125

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Fee Code
MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised Fee S-063 REPLACEMENT OF BENCH PLAQUE $1,209 per application plus the actual cost of the plaque plus $530 if a public hearing is required. 1,209.00 Encroachment Permits
S-069 TEMPORARY ENCROACHMENT PERMIT $ 453 per permit 453.00 S-070xa STREET EXCAVATION (incl. street trench cut) $1,056 per permit, plus $8.75/lineal foot of work being performed 1,056.00
S-070xb STREET EXCAVATION - SEWER LINE LATERAL $ 250 per permit, plus $8.75/lineal foot of work being performed 250.00
S-126 GRADING - PLAN REVIEW Based on Public Works Construction Valuation S-127 GRADING - INSPECTION Based on Public Works Construction Valuation S-128 PUBLIC IMPROVEMENTS - PLAN REVIEW Based on Public Works Construction Valuation S-129 PUBLIC IMPROVEMENTS - INSPECTION Based on Public Works Construction Valuation S-130 TRAFFIC ANALYSIS REVIEW $ 409 per application plus actual outside costs. 409.00 S-131 ADDITIONAL PLAN CHECK - PUBLIC WORKS $ 409 per application plus actual outside costs. 409.00 S-070 PERMANENT ENCROACHMENT PERMIT
$1,581 per permit plus $8.75/lineal foot
Plus cost of any damage to public right-of-way or
street as determined by the Public Works Director
Plus cost of and Design Study/Design Review as
needed
Plus cost of referral to City Council if needed.
1,581.00
S-070A TRAFFIC CONTROL PLAN REVIEW/INSPECTION $1,296 per review plus $405 per each additional review 1,296.00
SIDEWALK VENDING PERMIT $ 469 per new applications 469.00 $ 231 per renewal 231.00

USE OF ONLINE ELECTRONIC PAYMENT - CP&B
DEPARTMENT 3.5% OF CHARGED AMOUNT

USE OF CREDIT CARD/ DEBIT CARD - CP&B
DEPARTMENT 3.5% OF CHARGED AMOUNT

USE OF ONLINE ELECTRONIC PAYMENT- PUBLIC
WORKS DEPT 3.5% OF CHARGED AMOUNT

USE OF CREDIT CARD/ DEBIT CARD- PUBLIC WORKS
DEPT 3.5% OF CHARGED AMOUNT

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Fee Code
MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised Fee S-076xb POLICE FALSE ALARM - 3rd+ RESPONSE Each Subsequent Activation in a calendar year - $ 278 278.00
S-077 ALARM PERMIT - New New - $ 40 per permit 40.00
S-077xa ALARM PERMIT - Renewal Renewal - $ 30 per permit 30.00 S-078 VEHICLE IMPOUND RELEASE $ 202 per vehicle 202.00
S-079 MISDEMEANOR BOOKING Non-Carmel bookings - $ 230 per booking 230.00 S-080 MISCELLANEOUS POLICE PERMIT $ 259 per application plus DOJ fees 259.00 S-081 FINGERPRINTING ON REQUEST $ 40 plus outside agency fees 40.00 S-082 CLEARANCE FORM TRAVEL LETTER $ 57 per letter 57.00 S-083 VIN VERIFICATION $ 63 per vehicle 63.00
S-084 CITATION SIGN-OFF Non-Carmel citations - $ 38 per citation 38.00 S-087 SIGN ABATEMENT $ 45 per sign 45.00
S-089 POLICE COURT WITNESS Fees are set by the court
S-090 POLICE REPORT COPY 1st 10 pages - No Charge, Each additional page - $1.00 1.00
S-091 POLICE PHOTOGRAPH COPY Photo - $ 6 per photo, digital - $ 6 per disk 6.00 USE OF ONLINE ELECTRONIC PAYMENT 3.5% OF CHARGED AMOUNT USE OF CREDIT CARD/ DEBIT CARD 2.5% OF CHARGED AMOUNT
Animal Services
ANIMAL IMPOUND Within a calendar year:

ADMINISTRATIVE SERVICES
S-107 NEW BUSINESS REG. PROCESS - Fixed Location Fixed Location - $ 584 per application + $4 State fee 584.00 S-107xa NEW BUSINESS REG. PROCESS - In & About In & About - $ 40 per application + $4 State fee 40.00 S-107xb NEW BUSINESS REG. PROCESS - Home License Home License - $ 219 per application 219.00 S-108 BUSINESS REGISTER RENEWAL PROCESS $ 22 per renewal + $4 State fee 22.00 S-109 DUPLICATE BUSINESS LICENSE $ 9 per license 9.00
S-110 CHANGE BUSINESS NAME $ 30 per business 30.00
USE OF ONLINE ELECTRONIC PAYMENT 3.5% OF CHARGED AMOUNT Finance
S-113 NSF CHECK PROCESSING $ 56 per NSF check 56.00
City Clerk
S-114 DOCUMENT REPRODUCTION/SCANNING First 10 copies - No Charge First 10 copi Additional copies - $0.25 per copy 0.25
ATTACHMENT 2

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Fee Code
MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised Fee FPPC copies - $0.15 per copy plus $5 for retrieval of
documents if more than five years old plus postage
cost if mailed

0.15 S-115 ELECTRONIC FILE COPY $ 6 per device 6.00
S-116 DOCUMENT CERTIFICATION $ 12 per document 12.00
S-118

RECORD COMPILATION
Record Compilation/Creation - charge the fully
allocated hourly rate for all personnel involved plus
any outside costs.

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Fee Code
MASTER FEE SCHEDULE FOR THE 2026-2027 FISCAL YEAR, revised Fee S-099
FACILITY RENTAL $ 90 per hour plus $125 refundable cleaning deposit 90.00 USE OF ONLINE ELECTRONIC PAYMENT 3.5% OF CHARGED AMOUNT USE OF CREDIT CARD/ DEBIT CARD 2.5% OF CHARGED AMOUNT
Library
S-102 INTERLIBRARY LOAN PROCESSING $ 3 per item 3.00
S-104 LOST/DAMAGED MATERIALS PROCESSING Actual cost of lost or damaged materials SELF SERVE LIBRARY COPYING Black and White - $0.20 per copy 0.20 City Wide
* Deposit determined by staff with charges at the fully allocated hourly rates for associated staff. May require a fee agreement. ** Costs to include charges at the fully allocated hourly rates plus any outside costs. May require a Fee Agreement. *** Plus legal costs related to appeal.

For services requested of City staff which have no fee listed in this fee schedule, the City Administrator or the City Administrator’s designee shall determine the appropriate fee based on the hours of service provided by the City at the established hourly rates for this department. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.

ATTACHMENT 2

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Exhibit C - Revised Citation
current revised

CODE BAIL BAIL
A - OVERTIME PARKING First Offence

10.32.060 CMC 40.00 48.00
Second Offence within 12 months 40.00 60.00
Third and subsequent Offence within 12 months 40.00 80.00 ATTACHMENT 3

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CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
August 4, 2026

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jayme Fields, Finance Manager
APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Discussion and Direction on Financial Stewardship Workgroup ad hoc - Continued from July 7, 2026
RECOMMENDATION:

Discussion and Direction on Financial Stewardship Workgroup ad hoc BACKGROUND / SUMMARY:

This report is being brought to the City Council per their instructions to do so once the 2026-2027 Budget was adopted so that the Council could evaluate the function of the Financial Stewardship Workgroup Ad Hoc.

The Financial Stewardship Workgroup ad hoc committee (“Workgroup”) was formed in February of 2025. The Council discussion highlighted the goals of greater public engagement, policy review, clearer budget presentations, and focusing on reporting improvements. The Workgroup took-on the Financial Sustainability strategic action item, which included exploring ways to enhance relevant policies for effective financial management, continued transparency, best practices and governance.

Together, Mayor Pro Tem Delves, Councilmember Buder, the City Administrator, the Assistant City Administrator and the Finance Manager met over twenty times in the ensuing sixteen months. Their work and outcomes were as follows:

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Outcomes
As a result of the Workgroup’s efforts, the City Council has new policies to use and update, and the Council is reviewing and maintaining a new budget process. The ongoing prioritization by the Council of the identified deferred maintenance is present in its strategic priorities, budgeting and operating decisions. The long outstanding question of revenue enhancement is at the forefront of Council’s workflow.

Going Forward
With the adoption of the Fiscal Year 2026-2027 budget complete, the Council has indicated a desire to review and discuss the future of the Financial Stewardship Workgroup.

In past discussions, the Council debated whether creating a new financial-related Standing Committee might be needed. It would be helpful to look at how the various structures and responsibilities are defined:
• Financial Stewardship Workgroup (Ad Hoc) — Ad Hocs meet as needed without the posting of advanced agendas and minutes. They draft reports and recommendations, and present them to the Council for review, endorsement, or other action. Ad hocs are temporary, mission-focused, and composed of subject matter experts, stakeholders, or government officials brought together to tackle a specific acute problem, develop policy recommendations, or draft actionable plans.
o Considerations: Allows for candid conversation and risk-free learning; Maximizes utilization of Council talent while minimizing time commitment; Low operating cost; Council must clearly define work to be accomplished.

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• Finance Standing Committee — These Standing Committees meet publicly on a regular schedule, with agendas posted in advance, minutes and legal. These are typically advisory bodies who focus on fiscal governance, budget monitoring, and the financial health of the local government.
o Considerations: Shows concern for fiscal health; Not flexible; Significant additional administrative overhead; May not be effective (based on Council member participation); Does not replace City Council. • City Council — The Council has regularly scheduled public meetings, with agenda posted in advance, minutes and legal. It is responsible for adopting the budget, levying taxes and setting fees, approving contracts and expenditures, debt and reserve management, financial oversight and auditing, and setting policies. The existence of a Finance Committee duplicates these responsibilities but does not change them.
o Considerations: Show concern for fiscal health; Most efficient, utilizing existing administrative overhead; Fully engages Council members in their primary responsibility;
The Brown Act allows for the appointment of an advisory committee also known as an ad hoc committee. The membership of an ad hoc committee is limited to two Council members. To be an ad hoc committee, the committee should have a defined task and be of limited duration. If a committee will have continuing subject matter jurisdiction, then that committee should be considered a standing committee subject to the requirements of the Brown Act including posting of agendas 72 hours in advance for regular meetings and 24 hours in advance for special meetings.

Based on these requirements of the Brown Act, if the Council intends to have a committee serve going forward on financial issues on a continuing basis, then a Standing Committee should be appointed and designated by a title such as “Finance Committee”.

Based on the above, the Financial Stewardship Workgroup Ad Hoc was an example of maximizing the use of new talent and risk-free learning.

Note, similar to an Ad Hoc, a Finance Standing Committee should have a charter that defines what its duties are. By drafting a charter, we can come to understand whether the expected duties of a proposed committee are appropriate to the City’s goals and we can understand whether a Standing Committee is the appropriate vehicle for achieving those goals.

Time vs Impact
As the City seeks to be more efficient in its operations, it is important to highlight the

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potential impact that this decision has on operations. The time it takes to prepare for and hold additional meetings is different based on what type of meeting is being held.

Below is a graph that compares the additional time that an Ad Hoc and a Standing Committee require compared to the time already invested in Council meetings.

The additional time to create and review packages, notices and minutes, and to host, attend and review public meetings, are in addition to increased hours of preparation and attendance by City Council members.

At the same time, the impact of the Ad Hoc/Standing Committee/Council decision is important. To gauge the impact of a Finance Standing Committee, we can look at another city’s committee. Most small cities (including neighboring cities) do not have a Finance Standing Committee, as the financial operations are not complex and the City Council still must uphold its fiscal responsibilities. One exception is the City of Salinas.

Per a quick review, most of their agendas over the last year had only one agenda item per meeting, including: fire apparatus purchase, residential sewer payment assistance program, housing permit processing update, sewer improvements update.

These are items that already naturally fall into the bucket of interest for the whole City Council so the question is whether their Finance Standing Committee is accomplishing significant work on these matters in addition to the City Council, as the responsibility for them still rests with the City Council.

Impact can also be measured in terms of how the public accesses the information, which may be gauged by attendance. Experience with other subcommittees would seem to indicate that the public participation in Finance Standing Committee meetings will be less (i.e. there will be fewer attendees) than at City Council meetings, thus pulling discussions from City Council meetings into Finance Standing Committee meetings could reduce the public’s participation and access to the information.

Summary
However the Council chooses to proceed, the full City Council remains responsible for the financial condition of the City. The Financial Stewardship Workgroup Ad Hoc has handed them better tools. Along the way, the Workgroup has informed the public and

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‘translated’ the public’s questions into policies and practices.

FISCAL IMPACT:

There is no fiscal impact from receiving this report.

PRIOR CITY COUNCIL ACTION:

City Council approved the formation of the Financial Stewardship Workgroup on February 3, 2025.

ATTACHMENTS:

None

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CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
August 4, 2026

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Shari Carlet, Acting Public Works Director APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Resolution 2026-060 Authorizing the City Administrator to Execute a Construction Contract with Silcon Constructors for the Beach Access 12th and 10thh Avenues Stairs Repair Project (Carmel Beach Coastal Protection and Access Improvement) BID # 25-26-007, for a total not-to-exceed amount of $364,417.13 including base bid ($223,149.70), Add Alternate ($80,531.24), and Contingency ($60,736.19)
RECOMMENDATION:

Adopt Resolution 2026-060 Authorizing the City Administrator to Execute a Construction Contract with Silcon Constructors for the Beach Access 12th and 10thh Avenues Stairs Repair Project (Carmel Beach Coastal Protection and Access Improvement) BID # 25-26-007, for a total not-to-exceed amount of $364,417.13 including base bid ($223,149.70), Add Alternate ($80,531.24), and Contingency ($60,736.19).

BACKGROUND / SUMMARY:

The Beach Access 12th Avenue Stairs Repair Project (Carmel Beach Coastal Protection and Access Improvement) was originally advertised under BID 25-26-007 and opened in May 2026. During the initial bid review, staff identified arithmetic errors in all submitted bids. On June 2, 2026, the City Council adopted Resolution 2026-039, formally rejecting all bids and directing staff to re-advertise the project.

In accordance with Council direction, staff re-advertised the project. New bids were opened on July 21, 2026, and four complete bids were received. Staff completed its

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evaluation and confirmed that the second advertisement produced a responsive lowest responsible bidder.

Bid Tabulation Summary:
(Ordered with recommended contractor first)
Contractor: Silcon Construction (Lowest Bidder)
Base Bid: $223,149.70
Add Alternate: $80,531.24
Grand Total: $303,680.94
20% Contingency: $60,736.19
Total Recommended Project Authorization: $364,417.13
Contractor: Wave Construction
Base Bid: $228,555.00
Add Alternate: $40,295.00
Grand Total: $268,850.00
Contractor: Synergy Builders (Non-Responsive)
Base Bid: $32,000.00
Add Alternate: $77,000.00
Grand Total: $109,000.00
Contractor: All Star Development
Base Bid: $239,800.00
Add Alternate: $52,200.00
Grand Total: $292,000.00
Discussion:

Silcon Construction submitted the lowest responsible Base Bid of $223,149.70. While Synergy Builders provided a lower numerical Base Bid, their proposal was deemed non-responsible because it did not include the full scope of work required.

Silcon Construction submitted the lowest responsible Base Bid of $223,149.70. While Synergy Builders provided a lower numerical Base Bid, their proposal was determined to be non-responsible because it did not include the full scope of work required. The basis of award is the Base Bid, and Silcon Construction is the lowest responsible bidder; therefore, the award is recommended to be made to Silcon Construction.

FISCAL IMPACT:

Funding for the Beach Stairs Repair Project was originally allocated in the FY 2025-2026 Capital Improvement Program. As the project did not proceed last fiscal year, the existing funds will be carried over into FY 2026-2027, ensuring sufficient budget availability for award, contingency, and construction activities. No additional

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appropriation is needed.

PRIOR CITY COUNCIL ACTION:

On June 2, 2026, the City Council considered the initial bid results for the Beach Access 12th Avenue Stairs Repair Project (BID 25-26-006). During the review of the submitted bids, staff identified arithmetic errors in all submitted bids. As a result, the City Council adopted Resolution 2026-039, formally rejecting all bids and directing staff to re-advertise the project to obtain accurate, responsive, and responsible proposals.

ATTACHMENTS:

1. Resolution 2026-060

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ATTACHMENT 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2026-060

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA

AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSTRUCTION CONTRACT WITH SILCON CONSTRUCTORS FOR THE BEACH ACCESS 12TH AND 10TH AVENUES

STAIRS REPAIR (CARMEL BEACH COASTAL PROTECTION AND ACCESS IMPROVEMENT) BID 25-26-007, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $364,417.13 INCLUDING BASE BID ($223,149.70), ADD ALTERNATE ($80,531.24), AND CONTINGENCY ($60,736.19)
WHEREAS, on April 17, 2026, the City advertised for the Beach Access Stairs bid; and WHEREAS, five bids were received by the deadline on May 15, 2026; and WHEREAS, upon evaluation, all five bids received had arithmetic errors; and WHEREAS, the Council rejected all bids at the June 2, 2026 Council Meeting; and WHEREAS, the project was re-advertised on June 12, 2026; and WHEREAS, four bids were received by the deadline July 21, 2026; and WHEREAS, the lowest bidder was Silcon Constructors with the lowest base bid of $223,149.70.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:

Authorize the City Administrator to execute a construction contract with Silcon Constructors, for the Beach Access 12th and 10th Avenues Stairs Repair (Carmel Beach Coastal Protection and Access Improvement) BID 25-26-007, for a total not-to-exceed amount of $364,417.13 including Base Bid ($223,149.70), Add Alternate ($80,531.24), and contingency ($60,736.19).

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of August, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
__________________________________ ___________________________________ Dale Byrne, Mayor Nova Romero, MMC, City Clerk

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CITY OF CARMEL-BY-THE-SEA
City Council
Staff Report
August 4, 2026

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Evan Kort, Senior Planner
APPROVED BY: Brandon Swanson, Acting City Administrator SUBJECT: Discussion and policy direction regarding: the permitting of Accessory Dwelling Units (ADUs), and draft amendments to Title 17 relating to ADUs.

RECOMMENDATION:

Staff recommends the City Council conduct a policy discussion regarding Accessory Dwelling Units. The Council may also utilize this discussion to:

1. Provide staff with policy direction to staff regarding direction on an updated ordinance; and/or

2. Treat this discussion as a study session to identify specific policy topics for staff to research further before returning for formal direction at a later date.

Alternatively, the Council may opt to maintain the status quo and take no action at this time beyond conducting a general discussion.

BACKGROUND / SUMMARY:

EXECUTIVE SUMMARY
On June 1, 2026, the City Council considered an appeal of a Coastal Development Permit (APP 26134) for non-excluded development associated with the proposed construction of an Accessory Dwelling Unit (ADU). At the June 1st meeting, the Council moved to continue the item with direction to hold a dedicated policy discussion

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pertaining to ADUs.

While the Council elected to act separately on the subject appeal at the July 6th meeting, this staff report provides the necessary background and framework for a broader policy discussion regarding the establishment of a formal citywide policy for Accessory Dwelling Units and the direction of the City's future ADU ordinance.

The concerns raised at the June 1 hearing included overall consistency with the City’s Local Coastal Program (LCP) and general policy surrounding ADUs, as Council members noted that the City Council had not yet held a dedicated policy discussion to provide direction on a future ADU ordinance or establish a formal citywide policy. **NOTE: SB 477 STATUTORY RENUMBERING**
In March 2024, the California Legislature enacted Senate Bill 477 as an urgency measure. SB 477 was signed by Governor Newsom on March 26, 2024, taking effect immediately. The bill’s purpose was to make State law governing Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”) easier to read and navigate by relocating numerous Government Code sections into a new chapter and dividing key regulations into smaller sections by topic area.

SB 477’s changes to State law were purely organizational; none were substantive.

As a result, some cited or quoted texts within this report, including attachments, may refer to Government Code sections that pre-dating SB 477 (formerly listed within Government Code Section 65852.2). The regulations presently governing the creation of ADUs are now located in Government Code Sections 66310-66342. That is, code references to Government Code Section 65852.2 are now located Government Code Sections 66310-66342.

BACKGROUND & PROJECT DESCRIPTION
In December 2017, the City Council adopted Ordinance 2017-010 to implement the requirements of the Government Code pertaining to Accessory Dwelling Units. In February 2018, the City modified its Local Coastal Program Implementation Plan (Zoning Code) with revised standards related to ADUs.

The purpose of the 2018 amendment was to bring the City’s LCP into compliance with applicable State laws addressing ADU regulation (refer to Attachment 1). These standards have remained in place since adoption in 2018 without further amendment.

Beginning in 2019, the California State Legislature passed a series of bills (Senate and Assembly Bills) reducing barriers to entry and streamlining the approval process for ADUs statewide.

For example, in 2019, AB 881 was enacted, which prohibited a local agency from establishing a maximum ADU size of less than 850 square feet (or 1,000 square feet for ADUs containing more than one bedroom) and required mandatory approval of permits for ADUs up to 800 square feet. AB 881 reaffirmed and amended sections of

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Government Code Section 65852.2, which stated, in part:

If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.

Based on this language, the City was led to believe that its local ADU Ordinance (Ord. 2017-010) was null, void, and no longer enforceable to the extent it conflicted with amended State provisions. Consequently, this led to a narrative that the city “does not have an ADU ordinance,” and the City began processing ADU applications as prescribed in the state statute. Following this belief, the council directed staff to prepare a revised local ADU Ordinance.

The earliest staff efforts on a revised/amended ordinance began around summer-2020; however, documentation from this period is minimal, and efforts appear to have stalled due to the COVID-19 pandemic.

In April 2021, the Planning Commission approved the first ADU that exceeded the site's base floor area. The City Council upheld an appeal of this decision in June 2021 (the ADU itself was not the subject of the appeal), leading to the issuance of the building permit in October 2021.

Beginning in October 2021, the City officially began issuing Building Permit applications for ADUs exceeding base floor area limits (refer to Attachment 2). Other deviations from the local ordinance in compliance with State statute likely commenced around this time.

Efforts to draft a revised ADU ordinance resumed in late 2021 and early 2022. As the Community Planning and Building Department gained momentum on a revised draft into 2023, staff identified a crucial provision in State law that had previously been overlooked.

Government Code Section 65852.2 included a specific subdivision regarding coastal jurisdiction:
"Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units." Importantly, this provision had been included in previous state bills (including AB 881) and is mirrored directly in Carmel Municipal Code (CMC) Section 17.08.050.G.2.g:
"Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Section 30000 et

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seq. of the Public Resources Code) or the City's certified local coastal plan, and the City shall modify and condition accessory dwelling unit coastal development permits accordingly to ensure consistency with such requirements, except that the City shall consider a coastal development permit application for an ADU ministerially without a public hearing. All accessory dwelling unit coastal development permits shall be appropriately noticed, including describing the procedures for appeal to the Coastal Commission as applicable." (CMC section

17.08.050.G.2.g)
Vague and ambiguous in application, interpreting this section has been a primary cause of delay in adopting a revised local ordinance over the last few years.

On January 21, 2022, the California Coastal Commission (CCC) published a memo titled Updates Regarding the Implementation of New ADU Laws (Attachment 3). The memo discussed Coastal Act authority, new State housing laws, streamlining procedures, and key considerations for LCP amendments.

Notable takeaways from the 2022 CCC memo include (emphasis added):

Outside of an LCP context, existing or new J/ADU provisions that do not meet the requirements of the new legislation are null and void and will be substituted with the provisions of Section 65852.2(a) until the local government comes into compliance with new provisions. (Gov. Code § 65852.2(a)(4).) However, existing [ADU and/or JADU] provisions contained in certified LCPs are not superseded by Government Code Section 65852.2 and continue to apply to Coastal Development Permit (CDP) applications for J/ADUs until the LCP is modified. Coastal jurisdictions without any J/ADU provisions or with existing J/ADU provisions that were adopted prior to January 1, 2020 are encouraged to update their LCPs to comply with the State’s new laws. Such new or updated LCP provisions need to ensure that new J/ADUs will protect coastal resources in the manner required by the Coastal Act and LCP...
…
Other recent legislative changes clarify that local [ADU and/or JADU] provisions may not require a minimum lot size; owner occupancy... fire sprinklers... a maximum square footage of less than 850 square feet... and in some cases, offstreet parking... As indicated above, in specific cases coastal resource considerations may negate some such requirements, but only when tied to a coastal resource impact that would not be allowed under the Coastal Act and/or the LCP. In recent LCP amendments, these types of considerations have most often arisen in terms of the off-street parking provisions...

Between November 2023 and September 2025, the Planning Commission held three public workshops to discuss a draft ADU ordinance. The associated staff reports with attachments are included as attachments 4-6. The latest draft version of the ordinance report is provided as Attachment 7 (standalone attachment). A policy paper which has

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accompanied the ordinance has been included as Attachment 8. This policy paper has previously been shared with the Department of Housing and Community Development (HCD) and the Coastal Commission.

In the fall of 2024, the Legislature passed SB 1077, requiring the Coastal Commission, in coordination with the Department of Housing and Community Development (HCD), to develop formal guidance by July 1, 2026, to simplify LCP amendments for ADUs. City staff actively participated in the public comment periods, and the final joint guidance was officially published on July 1, 2026 (Attachment 9) In summary the guidance provides that:

1. The California Coastal Commission strongly urges local governments to:

A. Review existing ADU regulations in their LCPs.

B. Add new ADU policies and regulations in LCPs that have no such regulations or policies.

C. Expeditiously update any existing LCP policies regulating ADUs to conform with state ADU standards, in a manner that does not lessen the effect of the Coastal Act.

2. Local governments should use any flexibility allowed by LCPs to modify standards that conflict with State ADU Law or make construction of ADUs more difficult, so long as doing so does not lessen the effect of the Coastal Act by causing impacts to sensitive coastal resources or public coastal access or putting residents or structures at risk of coastal hazards.

The guidance provides in detail, in part (emphasis added):

In the coastal zone, local governments must carry out State ADU Law in a manner that conforms with the Coastal Act. Because ADU ordinances affect zoning, design standards (e.g., height, setbacks, floor area), and other regulatory provisions governing development, local governments in the coastal zone should include them in their certified LCP in order to ensure protection of coastal resources... It is therefore imperative that local governments promptly review their LCPs and add or update ADU policies, as needed, to carry out the objectives of State ADU Law while also protecting significant coastal resources as required by the Coastal Act....
...If an LCP does contain ADU regulations, but those regulations are outdated, the Commission recommends that jurisdictions should continue to carry out LCP policies to the extent needed to protect coastal resources. However, the Commission encourages jurisdictions to be flexible in carrying out and interpreting their LCPs so that they can streamline the construction of ADUs without compromising coastal resource protections. For example, if

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LCPs allow for variances from standards that make ADU construction more difficult, jurisdictions should consider granting the variances unless they would result in impacts to sensitive coastal resources or public coastal access or put residents at risk of coastal hazards.

By contrast, development standards, such as setbacks, that are designed to protect sensitive habitats or to ensure that development is safe from erosion or other coastal hazards should not be modified, as this would lessen the effect of the Coastal Act’s resource protection policies.

The SB 1077 Guidance additional provides clarity to local governments on how to update LCPs when adopting or revising an ADU ordinance.

Based on the complex historical and statutory context outlined in this report, staff recommends that the City Council conduct a policy discussion regarding Accessory Dwelling Units. The Council may utilize this discussion to establish preliminary policy direction, or use it as a scoping exercise to identify specific topics for staff to research further before returning for formal decision-making at a later date. The council may also opt to do nothing at this time and maintain status quo.

STAFF ANALYSIS
The City of Carmel-by-the-Sea is located entirely within the Coastal Zone and operates under a Certified Local Coastal Program (LCP). The California Coastal Commission granted final certification of Carmel's LCP on October 14, 2004, comprising a policy document the Land Use Plan (LUP) and an implementation mechanism, the Coastal Implementation Plan (CIP).

As described in Carmel's General Plan:

Carmel’s General Plan has been combined with its Local Coastal Land Use Plan to ensure coordination of these two policy documents. The Coastal Land Use Plan sets forth goals, objectives, and policies that govern the use of land and water in Carmel-by-the-Sea consistent with Chapter 3 of the California Coastal Act of 1976 (as amended through January 2003). Chapter 3 of the California Coastal Act contains coastal resources planning and management policies that address public access, recreation, marine environment, land resources, development, and industrial development.

The City's LUP was certified as meeting Chapter 3 Coastal Act requirements to achieve state coastal goals under Section 30001.5. However, strict adherence to State ADU statutes directly conflicts with several core objectives, goals, and policies of Carmel's certified LCP and, by extension, the Coastal Act. While State ADU law mandates streamlined, ministerial approvals and standard size exemptions, Carmel’s LCP imposes strict development controls that conflict with these mandates in both process and physical standards.

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The Land Use Plan/General Plan (introduction) finds:
• Community Character and Development. This Chapter of the General Plan covers topics required in the Land Use Element. This heading also includes policies for topics in sections 30244 and 30250 through 30254 of the Coastal Act.
• Circulation. This Chapter or Element of the General Plan is one of the seven elements required by California Statutes. Several of the policies in this element also implement provisions of the Coastal Act.
• Coastal Access and Recreation. This Chapter includes policies for topics covered in sections 30210 through 30224 of the Coastal Act. • Coastal Resource Management. This Chapter of the General Plan includes policies for topics in sections 30230 through 30243 and 30251 of the Coastal Act. (LUP)
Key Policy Considerations
A central area of interest for Council consideration is how floor area regulations apply to ADUs. LUP Policy P1-49 explicitly restricts built area on standard city lots:

Policy P1-49: Limit above-grade floor area on 4,000 square foot lots to a maximum of 1,800 square feet. Projects with less above-grade square footage shall be preferred. Structural coverage shall not exceed 45% of the site. Total site coverage (structural and other impermeable coverage) on 4,000 square foot lots shall not exceed 55% of the site. Locate open space so that it visually links with adjacent properties. (LUP)
Notably, Policy P1-49 was imposed upon the City by the Coastal Commission during the original LCP certification process to guarantee consistency with the Coastal Act; it was not a policy drafted by the City as part of the city’s planning efforts when the city presented the Land Use Plan to the Coastal Commission for certification.

During the LCP certification proceedings in 2002 and 2003, the Coastal Commission required specific modifications to Carmel's LUP as a condition of certification.

In the November 21, 2002 and February 13, 2003 CCC staff reports (Attachments 10 and 11), the Commission introduced Modification 7:

The Commission suggests that the following changes to the submitted City of Carmel-by-the-Sea Land Use Plan are necessary to make the requisite findings... [Modification] 7: Add the following new policy under Residential Development Objective O9-3 on page 36: Limit above grade floor area on single lots (i.e. 4,000 square feet) to a maximum of 1,600 square feet. Projects

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with less above grade square footage shall be preferred. Structural coverage shall not exceed 40% of the site. Total site coverage (structural and other impermeable coverage) on 4,000 square foot lots shall not exceed 50% of the site...

The Coastal Commission reports explained the necessity of these limits under the Coastal Act:
"...to achieve consistency with section 30253 [of the Coastal Act], the Commission recommends the following modification to the City's submitted LUP document: Modification 7... Thus, with the above required modifications, the Commission finds that the LUP Community Character policies are consistent with section 30253 of the Coastal Act."
"...Therefore, to assure consistency with Coastal Act sections 30230 and 30231 [water quality and marine resources], Modification 7 is necessary to require the 50% coverage limit on the 4,000 square foot lot."
While the City originally opposed the 1,600 square foot limit, the city eventually negotiated allowing 1,800 square feet of floor area, 45% structural coverage, and 55% total site coverage on 4,000 square foot lots, which was incorporated into final policy P1-49.

In conjunction with floor area limits imposed under Modification 7, the Coastal Commission also required Modification 27:
[Modification] 27: Add the following text to page 5, end of the second paragraph: "The incorporated City of Carmel-by-the-Sea shall be designated a special community and a highly scenic area within the meaning of Coastal Act sections 30251 and 30253 and for the purposes of implementing section 30610 and corresponding regulation section 13250 of the California Code of Regulations. New development shall protect this special community and its unique characteristics.

The Coastal Commission staff report noted (emphasis added): "Modification 27 acknowledges the significance of City's unique character and designates Carmel a special community and highly scenic area for the purposes of Coastal Act Sections 30251, 30253, and 30610 along with corresponding regulation 13250. This designation provides the basis for requiring coastal development permit review of development proposals that potentially impact historic and/or character resources."
Carmel’s character and protection status was debated by the Coastal Commission even pre-adoption of the city’s LCP, as demonstrated in Attachment 12. A Coastal Commission staff report from pre-adoption of the city’s LCP claims (Attachment 12):

In other words, Carmel’s community character has not yet been defined. The reason for this is because such a definition, as well as a means to adequately

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protect such character consistent with the Act, is best determined through a community and Commission review process culminating in a certified LCP. As previously described, although such a process is ongoing in Carmel, the LCP has not yet been completed.

The LCP certification process was completed approximately four years later with a number of policies in place designed to protect the character of Carmel-by-the-Sea consistent with the Coastal Act.

To understand how these LCP modifications now intersect with ADU proposals, the following provisions must be evaluated.

Coastal Act Section 30251 states:

The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural/and forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting Coastal Act Section 30253 states:

New development shall ... (5) Where appropriate, protect special communities and neighborhoods which, because of their unique characteristics, are popular visitor destination points for recreational uses.

Sections 30610 and 13250 related to processes for Coastal Development Permits.

Under Government Code Section 66323, state law mandates approval of certain units, such as the illustrative example provided below:
• A detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling, with a total floor area limitation of not more than 800 square feet of livable space, and 16-feet tall or less, for example (Government Code 66323).

Government Code Section 66323(b) states, “A local agency shall not impose any objective development or design standard that is not authorized by this section upon any unit that meets the requirements of any of paragraphs (1) to (4), inclusive, of subdivision (a).” The only design standards authorized by the section are those

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described in the bulleted paragraph above.

This means, a city or county cannot apply design regulations to this type of unit (or units otherwise described in Gov. Code 66323). The state statute suggests local agency cannot require an ADU, such as the one described above, “to match” the primary dwelling, or apply any other type of design standard, to the construction of said unit. This is emphasized in the “ADU Handbook” published by HCD dated March 2026 (refer to Attachment 13) which states, in part, “For example, 66323 Units do not have to comply with lot coverage, front setbacks, and design standards. However, these ADUs must comply with building code and health and safety requirements for dwellings.” The statute also suggests that the city’s tree protection requirements could be overridden to develop such a unit, except that:

Nothing in this article shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall, pursuant to Section 66317, either approve or deny a coastal development permit application for an accessory dwelling within 60 days of receiving a completed application, and shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. The process to approve or deny a coastal development permit application under this subdivision shall happen concurrently with the process to approve or deny an application for an accessory dwelling unit under Section 66317. (Gov.

Code 66329)
Carmel's certified Land Use Plan explicitly enforce these coastal protections. For example, Land Use Plan/General Plan Policy requires:

O1-8 Preserve the traditional characteristics of scale, good site design and sensitivity to neighboring sites in the single-family residential district through the design approval of new homes, additions and exterior remodeling. Encourage the construction of residences that are diverse and innovative in design yet compatible with the forest setting, site design and materials established by other structures within the neighborhood and adopted Residential Design Guidelines. (LUP)
P1-47 Apply the City’s Residential Design Guidelines that explain the qualities that are characteristic of the community to assist in the preparation and approval of plans for residential development through the design review process. Include provisions for scale, mass, bulk, height, setbacks, open space, landscaping, exterior materials, lighting and community character. Establish procedures for using the guidelines that will allow flexibility and creativity in architectural expression yet maintain continuity in the design character of the residential district. (LUP)
P5-64 New development shall be sited and designed to avoid or minimize significant adverse effects to the forest. Avoid projects that significantly increase

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building footprint to the detriment of trees. No grading, compaction of soils, construction of building walls or placement of impermeable surfaces within six feet of trees classified as significant shall be permitted. (LUP) (Staff notes the policies listed above are not intended to be an exhaustive of all policies related to the referenced Coastal Act sections, and are illustrative for discussion).

These Coastal Act sections become particularly relevant when evaluating ADU exemptions against local resource protections, such as those described in the SB 1077 guidance (described in the background section of this report), and how the city will need to harmonize the requirements of the coastal act and the state ADU statute.

While staff is not suggesting that the City Council require full discretionary review against the Residential Design Guidelines for ADUs, these citations reinforce and implement Coastal Act Section 30253. In turn, reliance on the Coastal Act could provide the basis for the City to apply objective design standards and existing standards from the city’s LCP to ADUs that would otherwise be exempt under the State statute.

Along the same line of reasoning, Policy P1-49 (governing floor area and site coverage limits) implements these identical Coastal Act provisions regarding community character, impervious surfaces, and water quality.

The City Council should weigh how to balance enforcement and/or updates of the city's certified LCP against the State's objectives for ADU production and provide direction to staff, as appropriate.

FISCAL IMPACT:

None for this action.

PRIOR CITY COUNCIL ACTION:

At their regularly scheduled meeting on August 6, 2024, the City Council received an update on development of the City’s Accessory Dwelling Unit (ADU) Ordinance.

The City Council has included updating the ADU Ordinance to their strategic priority list.

ATTACHMENTS:

1. Attachment 1 - Coastal Commission Certification of Ordiance 2017-010

2. Attachment 2 - Record of ADU Approvals (2017 - Present)

3. Attachment 3 - California Coastal Commission Memo (January 2022)

4. Attachment 4 - Planning Commission Workshop 1 Staff Report (11-15-2023) with Draft Ordinance v1

5. Attachment 5 - Planning Commission Workshop 2 Staff Report (11-13-2024) with Attachments

6. Attachment 6 - Planning Commission Workshop 3 Staff Report (9-25-25) without Attachments

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7. Attachment 7 - Current Draft of Draft ADU Ordinance (edits as of 9-25-25)

8. Attachment 8 - Draft ADU Policy Paper

9. Attachment 9 - SB 1077 Final Guidance Document (July 1, 2026)

10. Attachment 10 - Coastal Commission Staff Report (Nov. 2002)

11. Attachment 11 - Coastal Commission Staff Report (Feb. 2003)

12. Attachment 12 - Coastal Commission Staff Report (Nov. 2000)

13. Attachment 13 - ADU Handbook (March 2026)

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STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., GOVERNOR

CALIFORNIA COASTAL COMMISSION CENTRAL COAST DISTRICT OFFICE 725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
PHONE: (831) 427-4863
FAX: (831) 427-4877
WEB: WWW.COASTAL.CA.GOV
W19c
Prepared January 19, 2018 for February 7, 2018 Hearing
To: Commissioners and Interested Persons
From: Susan Craig, Central Coast District Manager
Mike Watson, Coastal Planner
Subject: De Minimis Amendment Determination for City of Carmel-by-the-Sea LCP Amendment Number LCP-3-CML-17-0059-2 (Accessory Dwelling Units) Proposed Amendment
The City of Carmel-by-the-Sea is proposing to modify the Local Coastal Program (LCP) Implementation Plan (IP) to revise standards related to accessory dwelling units (ADUs). The proposed amendment would modify existing standards and add new standards for ADUs, including with respect to height, lot coverage, setback, floor area ratio, and parking. The purpose of the proposed amendment language is to bring the City’s LCP into compliance with applicable State laws addressing ADU regulation. See Exhibit A for the text of proposed IP amendment.

De Minimis LCP Amendment Determination
Pursuant to Coastal Act Section 30514(d), the Executive Director may determine that a proposed LCP amendment is “de minimis.” In order to qualify as a de minimis amendment, the amendment must meet the following three criteria:

1. The Executive Director determines that the proposed amendment would have no impact, either individually or cumulatively, on coastal resources, and that it is consistent with the policies of Chapter 3;

2. The local government provides public notice of the proposed amendment at least 21 days prior to submitting the amendment to the Commission, by one of the following methods:
posting on-site and off-site in the affected area, newspaper publication, or direct mailing to owners and occupants of contiguous property; and

3. The amendment does not propose any change in use of land or water or allowable use of property.

If the Executive Director determines that an amendment is de minimis, that determination must be reported to the Commission. If three or more Commissioners object to the de minimis LCP amendment determination, then the amendment shall be set for a future public hearing; if three or ATTACHMENT 1

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LCP-3-CML-17-0059-2 (Accessory Dwelling Units)
2 more Commissioners do not object to the de minimis determination, then the amendment is deemed approved, and it becomes a certified part of the LCP ten days after the date of the Commission meeting (in this case, on February 7, 2018).

The purpose of this notice is to advise interested parties of the Executive Director’s determination that the proposed LCP amendment is de minimis. Each of the de minimis criteria is discussed briefly below:

1. No impact to coastal resources and consistency with Chapter 3 of the Coastal Act: The proposed amendment would modify and add standards for ADUs within the City, which is entirely within the coastal zone. Specifically, the amendment requires ADUs to conform with all applicable requirements of the underlying residential zoning district in which they are allowed, including with respect to height, setback, lot coverage, floor area ratio, landscaping, and historic preservation requirements. The amendment maintains the LCP’s existing requirement that no residential uses, including ADUs, within the City can be used for transient rental (i.e., less than 30 consecutive days). The amendment also allows for a relaxation of required off-street parking if the ADU meets certain criteria, including if it is located within one-half mile of a public transit stop, located within an existing primary residence, or located within an existing accessory structure, consistent with State ADU law in this regard. Finally, in all cases, the amendment requires ADUs to be consistent with the Coastal Act and LCP, including with respect to coastal development permit (CDP) notice and appeal procedures.

The proposed amendment allows for ADUs on lots already built with existing primary residences, and subject to the LCP’s strict siting and design criteria, including ensuring that both the ADU and the primary residence be consistent with applicable lot coverage, height, and floor area ratio requirements. The amendment thus generally allows for infill residential development within Carmel’s existing residential neighborhoods, while ensuring that ADUs are consistent with the City’s unique character and design. The City has also indicated that the amendment’s explicit requirement that ADUs be consistent with the Coastal Act and LCP will appropriately address any potential coastal resource concerns, including on public coastal access and parking (e.g., requiring development cumulatively meet all site development standards (i.e., parking, site coverage, floor area ratio, etc.) or otherwise mitigating for potential public access impacts). Finally, while public hearings are not required for ADU CDPs, such CDPs would still be appealable to the Commission if located within the geographic appeals area, and the City indicates that they will appropriately notice such CDPs of the applicable appeal procedures.

Thus, the proposed amendment will not adversely affect coastal resources, and it is consistent with the policies of Chapter 3 of the Coastal Act.

2. Provision of public notice: The City provided public notice in advance of the City Council hearings (held on October 3, 2017 and December 5, 2017) where the proposed amendment was considered. For the City Council hearings, a newspaper advertisement notice was printed on September 22, 2017 and November 24, 2017. The amendment submittal was subsequently ATTACHMENT 1

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LCP-3-CML-17-0059-2 (Accessory Dwelling Units)
3 received by the Commission on January 11, 2018 (and filed as complete on January 11, 2018), and therefore, the 21-day noticing requirement has been satisfied.

3. No change in use of land or allowable use of property: No change in use is proposed by this amendment because ADUs (the LCP currently calls them “subordinate units”) are currently allowed within the City’s residential zoning districts.

California Environmental Quality Act (CEQA)
The Coastal Commission’s review and development process for LCPs and LCP amendments has been certified by the Secretary of Resources as being the functional equivalent of the environmental review required by CEQA (14 CCR Section 15251(f)). The City exempted the proposed amendment from environmental review under CEQA (See Pub. Res. Code Section 21080.9). This report has discussed the relevant coastal resource issues with the proposal, and has concluded that the proposed LCP amendment is not expected to result in any significant adverse impact on the environment. Thus, it is unnecessary for the Commission to suggest modifications to the proposed amendment to address adverse environmental impacts because the proposed amendment, as submitted, will not result in any significant environmental effects for which feasible mitigation measures would be required.

Coastal Commission Concurrence
The Executive Director will report this de minimis LCP amendment determination, and any comments received on it, to the Coastal Commission at its February 7, 2018 in Cambria. If you have any questions or need additional information regarding the proposed amendment or the method under which it is being processed, please contact Mike Watson at the Central Coast District Office in Santa Cruz. If you wish to comment on and/or object to the proposed de minimis LCP amendment determination, please do so by February 2, 2018.

Procedural Note - LCP Amendment Action Deadline
This proposed LCP amendment was filed as complete on January 11, 2018. It amends the IP only and the 60-day action deadline is March 12, 2018. (See Pub. Res. Code Sections 30513, 30514(b).) Thus, unless the Commission extends the action deadline (it may be extended by up to one year per Pub. Res. Code Section 30517), the Commission has until March 12, 2018 to take a final action on this LCP amendment.

Exhibit
Exhibit A: Proposed Amendment Text
ATTACHMENT 1

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STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY EDMUND G. BROWN JR., GOVERNOR

EXHIBITS
Table of Contents
Exhibit A: Adopted Ordinance and Proposed Amendment Text ATTACHMENT 1

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Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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ATTACHMENT 1

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Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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ATTACHMENT 1

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Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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ATTACHMENT 1

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17.68.030 Residential Use Classifications.

Residential Housing Types.

Single-Family Dwelling. One dwelling, attached or detached, located on a single building site, containing only one kitchen, designed for or used to house not more than one family – including all domestic employees of the family – and associated facilities for parking, living, sleeping, cooking, and eating.

Accessory Buildings and Structures: Accessory buildings and structures include Interior Accessory Dwelling Units, New Structure Accessory Dwelling Units, Class I Accessory Dwelling Units, Class II Accessory Dwelling Units, Garages, Guesthouses, Sheds, Studios, Multifamily Dwellings, and Senior Citizen Housing.

Accessory Dwelling Unit. An attached or detached residential dwelling which provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, which is located on the same parcel as a single-family dwelling. An accessory dwelling unit may consist of an efficiency unit, as defined in Health and Safety Code section 17958.1; or a manufactured home, as defined in Health and Safety Code Section 18007that is located on a single lot with another primary, singlefamily dwelling and that provides complete independent living facilities for one or more persons. These units include permanent provisions for living, sleeping, cooking and sanitation.

Accessory Dwelling Unit, Interior: An accessory dwelling unit which is constructed entirely within the existing and legally created space of a single-family home or accessory structure.

Accessory Dwelling Unit, New Structure: An accessory dwelling unit which is constructed either as a new detached accessory structure or as an addition to an existing single family home or an existing accessory structure.

Class I. SubordinateAccessory Dwelling units are legal nonconforming units that were established prior to June 5, 1929. These units were legally established and require no permit. These units were originally classified as subordinate units.

Class II. Subordinate Accessory Dwelling units are legal nonconforming units that were established prior to April 5, 1988, and registered with the City by December 6, 1994. These units typically were built without City approval but were then legalized and brought to minimum health and safety standards through an amnesty period and registration. These units were originally classified as subordinate units.

Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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ATTACHMENT 1

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Class III. Subordinate units that did not exist prior to 1988 but which may be established with a use permit for a recognized hardship resulting from the needs of an infirm or handicapped person who must live with or near a companion in separate, self-contained facilities.

Class IV. Subordinate units that did not exist prior to 1995 but which may be established on building sites of at least 8,000 square feet to provide affordable housing.

Studio. An attached or detached residential dwelling unit without kitchen or cooking facilities, designed for accessory uses by occupants of the dwelling to which it is accessory, and not designed or intended for living, sleeping and/or cooking. Studios are permitted to have a bathroom with a sink and toilet. Studios that are attached to the primary dwelling are not required to have interaccessibility with the primary dwelling.

Guesthouse (Noncommercial). An attached or detached residential dwelling unit without kitchen or cooking facilities, designed to be usedfor use, including living and sleeping, by occupants of the dwelling to which it is accessory and their guests or servants persons employed on the premises, and not designed for cooking.

Guesthouses that are attached to the primary dwelling are not required to have interaccessibility with the primary dwelling. A detached garage containing one or more rooms used or adapted for use as human habitation will be considered a guesthouse.

Multifamily Dwelling. A building or group of buildings on a single building site that contains two or more dwellings, each with its own facilities for parking, living, sleeping, cooking, and eating. This classification includes condominiums, townhouses, and apartments.

Senior Citizen Housing. Housing provided for senior citizens as defined by the State of California (California Civil Code Section 51.3).

Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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ATTACHMENT 1

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17.08.040 Land Use Regulations.

Schedule II-1 Land Use Regulations for Residential Districts P = Permitted Use
L = Limitations Apply
C = Conditional Use Permit Required
R-1 R-4 Additional Regulations
Residential See CMC 17.08.060
Single-Family P P See CMC 17.08.050(D), (G)
SubordinateAccessory Dwelling Units
See CMC 17.08.050(F)
Accessory Dwelling Unit, Interior P P
Accessory Dwelling Unit, New
Structure
P P
Class I Accessory Dwelling Unit P –
Class II Accessory Dwelling Unit P –
Class III C –
Class IV P –
Studio P P
Guesthouse (Noncommercial) C – See CMC 17.08.050(C)
Multifamily Dwellings See CMC 17.08.050(E)
0 – 22 dwelling units/acre – P
22 dwelling units/acre – C
Senior Citizen Housing L-5 P
Family Day Care
Small Family L-5 P
Large Family – C-4 See CMC 17.08.050(B)
Group Residential – C
Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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ATTACHMENT 1

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17.08.050 Additional Use Regulations.

A. Accessory Buildings and Structures.

1. Except as provided in CMC 17.10.040, Lot Mergers, no more than two accessory structures may be constructed on each building site.

2. No accessory structure shall exceed 400 square feet in floor area except: (1) as provided for guesthouses, and (2) as provided in subsection (A)(3) of this section.Accessory buildings and structures shall not exceed 400 square feet in floor area except: (1) as provided for guesthouses, (2) as provided for Interior Accessory Dwelling Units and New Structure Accessory Dwelling Units, and (3) as provided in subsection (A)(3) of this section.

3. Two accessory structures (such as a garage and a guesthouse) may be combined into a single structure as long as the combined floor area does not exceed what would be allowed for two independent structures and does not exceed 75 percent of the floor area of the primary structure. All accessory structures exceeding five feet in height shall count as floor area. Storage sheds of 120 square feet or less and containing no plumbing or electrical connections shall not require a building permit.

B. Family Day Care, Large Family. The following additional regulations shall apply to the operation of large family day care homes serving seven to 12 persons.

1. Standards. All large family day care homes shall comply with all applicable State standards and requirements for family day care homes. In addition, all large family day care homes shall comply with the following standards:
a. Outdoor Play Area. All outdoor play areas shall be enclosed by a natural barrier, wall, solid fence, or other solid structure at least six feet in height, and all outdoor play areas shall be adequately separated from driveways, streets and parking areas. b. Parking and Traffic. Adequate parking shall be provided for employees of the large family day care home and for pick-up and drop-off of children at the home in accordance with the following standards:
i. In addition to the off-street parking spaces required for the residential zone, one additional off-street parking space shall be provided per employee.

Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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ATTACHMENT 1

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ii. Adequate space shall be available for safe pick-up and delivery of children to the day care home. This space shall be off-street, but can be in the driveway or off-street parking area.

2. Inspections Required. The Fire Department and Building Official shall conduct an on-site inspection that includes but is not limited to:
a. Gas water heaters, to ensure proper ventilation and permanent installation that is safe from children;
b. Fire extinguishers and smoke detectors, to ensure that they meet standards established by the State Fire Marshal;
c. Refrigerators, to ensure that they are properly sealed shut if not in use and/or contain a locking device if in use; and
d. All potential fire and safety hazards that may endanger the children at the large family day care home.

C. Guesthouses. One guesthouse may be authorized on sites of 6,000 square feet or greater upon approval of a use permit. Guesthouses shall contain no food preparation facilities of any kind, but are permitted to have a bathroom with a toilet, sink and bathing facility. A guesthouse on any building site of 8,000 square feet or greater may be converted to an subordinate accessory dwelling unit (see subsection (F) of this section) upon approval of an ADU permit. A legal subordinate accessory dwelling unit may be converted to a guesthouse upon approval of a use permit. No site shall contain both a guesthouse and an accessory dwellingsubordinate unit or studioexcept as provided under hardship conditions (see subsection (F) of this section). Lots with ADUs shall be prohibited from constructing, maintaining and/or building guesthouses or studios.

Table 17.08-B – Maximum Floor Area for Guesthouses
Lot Type/Size
Base Size of
Guesthouse
Plus Increment Based on
Lot Size
Equals Maximum
Floor Area
6,000 square feet or larger 400 square feet (lot area over 6,000) x 1.5% Allowed Size Merged lots of at least 8,000 square
feet
500 square feet (lot area over 6,000) x 1.5% Allowed Size Example: 7,500-square-foot lot 400 square feet (1,500 sq. ft.) x 1.5% 422 sq. ft.

Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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ATTACHMENT 1

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D. Studios. One studio may be authorized on lots in the Single-Family Residential Zone as a permitted use.

Studios shall contain no living, sleeping, bathing or food preparation facilities of any kind, but are permitted to have a bathroom with a sink and toilet. Studios that are attached to the primary dwelling are not required to have interaccessibility with the primary dwelling. No additional parking is required for a studio. Studios shall be a maximum size of 400 square feet and shall not exceed the allowed floor area ratio for the lot.

DE. Home Occupations. All home occupations require a business license. Home occupations are limited to the use of up to two rooms in a single-family dwelling by a person residing therein as the studio of an artist, writer or musician, or by a teacher of the arts having up to two pupils under instruction at any one time. For this section, the arts shall include only the following: painting, graphics, computer graphics, music, dance, drama, sculpture, writing, photography, weaving, ceramics, needlecraft, jewelry, glass and metal crafts. The Director may authorize other home occupations that:

1. Are limited to office machines such as telephone and/or computer use;

2. Do not involve deliveries more frequently than once per week;

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

4. Do not involve visits by customers, vendors, attendees, salespeople or employees of the business; and

5. Are fully contained within one or two rooms in a single-family dwelling and are not located in a garage.

EF. Multifamily Dwellings.

1. All multifamily residential projects shall require the preparation of an acoustical analysis and the implementation of acoustical design treatments to meet noise standards contained in Title 25 of the California Government Code.

2. All multifamily projects shall have a minimum per unit size of 400 square feet.

3. At least 25 percent of all units in a multifamily project containing more than two units shall be of a size between 400 square feet and 650 square feet in floor area.

FG. Accessory Dwelling Units.

Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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ATTACHMENT 1

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1. A building permit must be issued by the City prior to construction and/or development of any accessory dwelling unit.

2. All accessory dwelling units shall conform with the following:
a. The lot must contain an existing single-family home and no other dwelling units. No more than one accessory dwelling unit may be constructed on any lot. b. At the time of application, the property owner shall acknowledge in writing that:
(1) The accessory dwelling unit may not be sold separately from the existing single-family home; (2) either the existing single-family home or the accessory dwelling unit must be owner-occupied; and (3) neither the accessory dwelling unit nor the single-family home may be used for transient residential rentals.

Prior to issuance of a building permit for the accessory dwelling unit, the owner shall record a covenant in a form approved by the City to notify future owners of the requirements of this paragraph (b).
c. Except as modified by this subsection G, the accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this chapter, including but not limited to height, setback, lot coverage, floor area ratio, landscape, and historic preservation requirements, cumulatively with the primary residence; unless the unit is contained in a nonconforming structure and does not expand the nonconformity.
d. The accessory dwelling unit shall conform to all applicable state and local building code requirements, including verification from the applicable water district (submitted with the application for a building permit) that sufficient on-site water credits are available for the accessory dwelling unit. Fire sprinklers are not be required for the accessory dwelling unit unless they are required for the existing single-family home.
e. An accessory dwelling unit conforming to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which the unit is located and shall be deemed to be a residential use consistent with the existing general plan and zoning designations for the lot.

Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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f. All applications for accessory dwelling units that meet and comply with the requirements under this Chapter shall be approved as a ministerial permit without discretionary review or a hearing within one-hundred twenty (120) days after receipt of a substantially complete application. g. Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Section 30000 et seq. of the Public Resources Code) or the City’s certified Local Coastal Plan, and the City shall modify and condition accessory dwelling unit Coastal Development Permits accordingly to ensure consistency with such requirements, except that City shall consider a coastal development permit application for an ADU without a public hearing. All accessory dwelling unit Coastal Development Permits shall be appropriately noticed, including describing the procedures for appeal to the Coastal Commission as applicable.

3. Accessory Dwelling Units, Interior, shall additionally conform with the following:
a. The accessory dwelling unit must be constructed entirely within the existing and legally created space of a single-family home or accessory structure in the R-1 or R-4 Districts. b. The accessory dwelling unit must have exterior access independent from the existing singlefamily home. c. Side and rear setbacks must be sufficient for fire safety. d. No additional parking for the accessory dwelling unit shall be required. e. No new or separate utility connection directly between the accessory dwelling unit and the utility is required.

4. Accessory Dwelling Units, New Structure, shall additionally conform with the following:
a. All of the existing and proposed structures may not exceed the allowable floor area ratio for the lot.
b. An attached accessory dwelling unit constructed as an addition to an existing single-family home shall not exceed the height of the existing single-family home. Detached accessory dwelling unit shall have a maximum height of 12 feet and shall comply with all applicable setback standards.

Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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ATTACHMENT 1

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c. An accessory dwelling unit attached to the existing single-family home shall have a minimum floor area of 150 square feet and the maximum floor area shall not exceed fifty percent of the living area of the existing single family home. A detached accessory dwelling unit shall have a minimum floor area of 150 square feet and maximum floor area of 600 square feet. d. One additional parking space shall be provided per bedroom, which may be provided as tandem parking on an existing driveway, and shall meet applicable setback requirements for parking. Notwithstanding this provision, no additional parking is required for accessory dwelling units located within one-half mile of a public transit stop or car share vehicle pickup location, located entirely within an existing primary residence or an existing accessory structure, within an architecturally and historically significant historic district, or otherwise exempt under Government Code Section 65852.2(d) or successor provisions.
e. If the accessory dwelling unit replaces an existing garage, carport, or covered parking structure, replacement spaces must be provided to meet the requirements of Title 17.38 (OffStreet Parking Requirements) of the Municipal Code but may be provided as covered spaces, uncovered spaces, tandem spaces, or mechanical parking lifts. Accessory dwelling units constructed above an existing garage have a minimum side-yard setback of 3 feet and rear-yard setback of 5 feet.
f. A separate utility connection between the accessory dwelling unit and all utilities shall be required; and
g. The accessory dwelling shall be constructed with facade materials similar in texture and appearance to the primary dwelling, including but not limited to roofing, siding, and windows and doors.

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

1. General Standards for Class II, III and IV Subordinate Units. a. Only one subordinate unit shall be allowed on any single-family building site. b. The subordinate unit shall comply with the minimum health and safety standards in the Uniform Housing and Building Codes and the standards for efficiency units in the Uniform Building Code (UBC) as follows:
i. The unit shall have a minimum living area of 220 square feet.

Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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ii. The unit shall provide a kitchen sink, cooking appliance and refrigerator facilities, each having a clear working space of not less than 30 inches in front. iii. The unit shall have sufficient light and ventilation for living and kitchen use. iv. The unit shall provide a separate bathroom, containing a water closet, lavatory and bathtub or shower.
v. The unit shall have electrical or gas service, water service and sewer service. vi. The unit shall have a minimum ceiling height of seven feet, six inches. vii. The unit shall have heating facilities capable of maintaining a room temperature of 70 degrees at a point three feet above the floor.
c. No nonconformities shall be created, increased, or enlarged. d. No detached subordinate unit shall exceed the maximum allowable size of a guesthouse. e. Class III and Class IV units located on sites of less than 6,000 square feet in area shall be attached to the primary dwelling.
f. All attached Class III units shall provide for future interaccessibility, and shall be designed to facilitate conversion of the unit into living space within the primary dwelling. A plan for conversion must be submitted with the application.
g. Class III units located on sites of 6,000 square feet or greater and all Class IV units may be attached or detached. Detached units shall be designed for conversion to a guesthouse. A plan for conversion must be submitted with the application.
h. All unregistered Class II, Class III, and Class IV subordinate units shall be recognized as illegal and subject to the enforcement procedures found in Division VI.

2. Regulations Applying to Specific Classes.
a. Class II. Class II units are subject to the general standards and convertibility provisions of subsection (F)(1) of this section and to the following:

Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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

GH. Single-Family Residential Dwellings. The following regulations apply to all single-family residential dwellings:

Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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ATTACHMENT 1

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1. Not more than one dwelling unit is allowed per building site except as provided for subordinate accessory dwelling units.

2. All portions of a single-family dwelling must have full interaccessibility, with the exception of registered permitted and/or legal accessory dwellingsubordinate units and guesthouses.

3. No single-family dwelling of substantially identical design as any existing building or any approved building shall be allowed on any site located on the same street between the two adjoining cross streets.

4. No proposed single-family dwelling shall be approved that is of substantially similar architecture, building massing, front setback or height as any existing building, or any approved building, located immediately adjacent to the proposed project and facing the street. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

Exhibit A: Adopted Ordinance and Proposed Amendment Text LCP-3-CML-17-0059-2 (Accessory Dwelling Units)

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ATTACHMENT 1

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City of Carmel-by-the-Sea

COMMUNITY PLANNING AND BUILDING DEPARTMENT
August 4, 2026
Mayor Byrne and Council Members,
Enclosed is a report of building permit applications received by the Community Planning and Building Department between 2017 and 2026. This is not an all encompassing list of all ADUs received to-date, however, this list comprises of the units for which the most accurate information was readily accessabily and able to be individually vetted in order to prepare the enclosed report.

A breakdown by year is provided below as well as which type of review (“Unit Type”) the unit would fall into based on the 3-review types described in the proposed draft ordinance which has been under review of the Planning Commission.

Summary of Unit Types from Draft Ordinance:
• Type 1 == Building Permit Only
• Type 2 == Track 1 Major Design Study/Review (Planning Department Review) and Administrative Coastal Development Permit (Planning Department Review) • Type 3 == Track 2 Design Study/Review (Planning Commission Review) and Coastal Development Permit (Planning Commission Review)
Type 1 projects would generally involve no changes to the existing structure (i.e. conversion of existing floor area) and therefore these projects would only require a building permit and would not require a Coastal Development Permit.

Type 2 projects are most similar to the ADUs described in the city’s existing ordinance, CMC section

17.08.050.G, in that the units must comply with all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this chapter, including but not limited to height, setback, and floor area ratio. Type 2 ADUs would require an Administrative CDP (reviewed at the staff level) through a process similar to a Track 1 Major Design Review/Study. The Type 2 incentivizes ADU development by allowing for the creation of an ADU within the floor area limits of a property without the need for public hearing as may otherwise be required for a smaller scope of work for an addition to the single family residence.

Type 3 projects are ADUs that would have the potential to conflict with the Goals, Objectives, or Policies of the city’s LCP, where potential impacts to Coastal Resources exist if not properly addressed through a discretionary review, or were a development permit is already part of a discretionary review for the same site. The permit review for the ADU would be completed through the city’s standard Track 2 Design Study process. In compliance with the California Coastal Act, potential conflicts with the city’s coastal resources would require review through a Coastal Development Permit where the Planning Commission would be the appropriate authority.

ATTACHMENT 2

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Unit Type 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Total Attached 2 1 2 4 4 5 6 5 3 32
Conversion 4 2 2 3 2 4 4 5 2 6 34
Detached 2 4 2 5 6 5 6 1 31
Total 8 2 3 9 8 13 15 16 13 10 97
"Potential
Review
Track" 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Total Denied 1 1
Type 1 3 2 1 2 2 5 1 4 20
Type 2 3 1 7 6 4 3 6 1 31
Type 3 1 1 1 1 2 7 10 11 6 5 45
Total 8 2 3 9 8 13 15 16 13 10 97
"Potential Review
Track" vs Unit Types Detached Attached Conversion Total Denied 1 1
Type 1 20 20
Type 2 16 8 7 31
Type 3 15 23 7 45
Total 31 32 34 97
Units excluded from the enclosed report are those which are incomplete, have been withdrawn, and/or those which did not adequately include enough information to be included in the enclosed report. The report does include building permit application which has been submitted, but have yet to be approved.

Best regards,
Evan Kort, Senior Planner
ATTACHMENT 2

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Permit Count Permit No. Associated w/ Track 2
DS
ADU or JADU Attached, Detached, or Conversion Date Submitted Permit Year ADU Floor Area Site Area FAR Allowed (Project) Total FAR (Residence + ADU) % of Site Area (ADU Only) % of Total FAR (ADU Only) Total Floor Area over Allowed Floor Area Total Floor Area above Allowed Floor Area % of "Bonus ADU Floor Area" over allowed Floor Area "Proposed" ADU Type Water Allocation Notes 1 BP 17-047 See Notes ADU Conversion 2/21/2017 2017 441 7000 2730 3200 6% 14% 470 - - Type 1 - Existing floor area was non-conforming; no change to FAR for project. DS approved as Guesthouse remodel. Kitchen added to ADU during BP review. 2 BP 17-090 No ADU Conversion 3/31/2017 2017 200 7714 2900 2895 3% 7% -5 - - Type 1 - Convert existing detached studio to ADU3 BP 17-106 See Notes ADU Detached 4/19/2017 2017 345 11200 3492 3026 3% 11% -466 - - Type 2 - New Detached ADU. ADU shown as "separate permit" on DS plans. Unlear on timing 4 BP 17-136 No ADU Detached 5/10/2017 2017 252 4000 1800 1632 6% 15% -168 - - Type 2 - Garage conversion 5 BP 17-138 No ADU Conversion 5/10/2017 2017 322 4600 2014 1762 7% 18% -252 - - Type 1 - Lower floor conversion. Also see BP 250278 6 BP 17-210 No ADU Attached 7/3/2017 2017 284 2600 1170 1163 11% 24% -7 - - Denied - Denied. Finding: adverse Impacts to Historic Resources7 BP 17-211 No ADU Attached 7/3/2017 2017 415 5952 2446 1511 7% 27% -935 - - Type 2 - Attached Garage/Storage Room Conversion8 BP 17-297 Yes ADU Conversion 9/12/2017 2017 200 6000 2460 2460 3% 8% 0 - - Type 3 - ADU located within footprint of proposed addition to SFD. 9 BP 19-027 Yes ADU Conversion 11/6/2018 2018 208 6000 2460 2402 3% 9% -58 - - Type 3 - Garage conversion proposed with Track 2 DS for addition to Historic SFR. 10 BP 18-563 No ADU Conversion 11/28/2018 2018 282 4000 1800 1749 7% 16% -51 - - Type 2 - Garage conversion 11 BP 19-096 No ADU Conversion 2/21/2019 2019 310 7515 2853 2853 4% 11% 0 - - Type 1 - Guest house conversion (over garage) 12 BP 19-646 No ADU Conversion 11/6/2019 2019 288 6666 2466 1844 4% 16% -622 - - Type 1 - Guest house conversion 13 BP 20-118 No ADU Detached 3/16/2020 2020 366 7539 2859 2859 5% 13% 0 - - Type 2 - New construction 14 BP 20-181 No ADU Conversion 5/11/2020 2020 182 4000 1800 1713 5% 11% -87 - - Type 2 - Garage conversion 15 BP 20-200 No ADU Detached 5/28/2020 2020 260 4000 1800 1748 7% 15% -52 - - Type 2 - New 2nd floor ADU over existing detached garage. 16 BP 20-283 No ADU Conversion 7/9/2020 2020 620 4000 1800 1868 16% 33% 68 - - Type 1 - (e) interior conversion to ADU; no exterior site alteration (existing site was non-conforming). 17 BP 20-308 Yes ADU Detached 7/28/2020 2020 296 9306 3200 3200 3% 9% 0 - - Type 2 - New construction 18 BP 20-311 Yes ADU Attached 7/30/2020 2020 405 4000 1800 1591 10% 25% -209 - - Type 2 - Conversion + addition 19 BP 20-330 No ADU Attached 8/12/2020 2020 400 4000 1800 1800 10% 22% 0 - - Type 2 - New attached unit 20 BP 20-503 No ADU Detached 12/4/2020 2020 430 6000 2460 1995 7% 22% -465 - - Type 2 - New detached unit21 BP 20-515 Yes ADU Conversion 12/10/2020 2020 549 7570 2866 2814 7% 20% -52 - - Type 3 - Studio Conversion associated with Track 2 project 22 BP 21-022 No ADU Attached 1/22/2021 2021 502 38000 6000 2838 1% 18% -3162 - - Type 2 - Existing subordinate unit remodel and interior expansion within crawl space. (e) living space: 2790; (p) living space: 2838. 23 BP 21-023 No ADU Detached 1/22/2021 2021 710 4000 1800 1544 18% 46% -256 - - Type 2 - Demo garage and construct new ADU. 24 BP 21-112 No ADU Conversion 3/24/2021 2021 298 7185 2776 2528 4% 12% -248 - - Type 2 - Partial garage conversion 25 BP 21-147 No ADU Conversion 4/12/2021 2021 656 4000 1800 1800 16% 36% 0 - - Type 2 - (e) guesthouse conversion to ADU; no exterior site alteration. 26 BP 21-239 No ADU Detached 6/3/2021 2021 398 6000 2460 1598 7% 25% -862 - - Type 2 - New detached unit 27 BP 21-339 Yes ADU Attached 8/2/2021 2021 695 6000 2460 2460 12% 28% 0 - - Type 2 - 45 square foot addition to converted structure 28 BP 21-422 No ADU Attached 10/11/2021 2021 554 12000 3600 3796 5% 15% 196 196 5% Type 3 - 302 square foot ADU addition; 252 square foot conversion of existing studio to ADU. 29 BP 21-425 Yes ADU Attached 10/12/2021 2021 331 4000 1800 2027 8% 16% 227 227 13% Type 3 - 50 square foot ADU addition; 281 square foot conversion of existing FAR to ADU. 30 BP 19-722 See Notes ADU Attached 11/16/2021 2019 580 4000 1997 2778 15% 21% 781 781 39% Type 3 - New attached unit (single family residence includes basement bonus). ADU approved as a revision to 2019 permit associated with Track 2 DS in 2022 31 BP 22-008 No ADU Detached 1/4/2022 2022 680 4000 1800 1750 17% 39% -50 - - Type 2 - New detached unit 32 BP 22-029 No ADU Attached 1/14/2022 2022 228 4000 1800 1789 6% 13% -11 - - Type 2 - Removed garage to accomodate new attached unit33 BP 22-045 No ADU Detached 1/25/2022 2022 431 6600 2626 1602 7% 27% -1024 - - Type 2 - New detached unit 34 BP 22-085 No ADU Conversion 3/1/2022 2022 450 7000 2730 1741 6% 26% -989 - - Type 1 - (e) guesthouse conversion to ADU; no exterior site alteration. 35 BP 22-159 No ADU Conversion 4/28/2022 2022 500 12800 3708 3725 4% 13% 17 - - Type 3 - Took convered floor from ADU then used addition for SFR. The SFR did not exceed the allowble floor area (3708 sf) for the site. 36 BP 22-227 No ADU Detached 6/9/2022 2022 897 11013 3450 3570 8% 25% 120 120 3% Type 3 - New detached unit37 BP 22-329 Yes ADU Conversion 8/25/2022 2022 1322 6000 2460 3782 22% 35% 1322 - - Type 3 - Took convered floor from ADU then used addition for SFR. The SFR did not exceed the allowble floor area (2,460 sf) for the site. 38 BP 22-398 Yes ADU Detached 10/3/2022 2022 672 7200 2779 3451 9% 19% 672 672 24% Type 3 - New detached unit approved prior to PC approval approval of associated DS 39 BP 22-408 No ADU Conversion 10/10/2022 2022 907 8000 2960 4225 11% 21% 1265 - - Type 1 - (e) studio conversion to ADU; no exterior site alteration. 40 BP 22-412 Yes ADU Attached 10/13/2022 2022 799 4000 1800 2472 20% 32% 672 672 37% Type 3 - New attached unit41 BP 22-466 Yes ADU Attached 12/6/2022 2022 745 4000 1800 2545 19% 29% 745 745 41% Type 3 - New attached unit approved prior to PC approval of associated DS42 BP 22-483 No ADU Attached 12/20/2022 2022 569 4000 1800 2031 14% 28% 231 231 13% Type 3 - 259 square foot ADU addition; 337 square foot conversion of existing FAR to ADU. 43 BP 22-493 No ADU Detached 12/22/2022 2022 466 7000 2730 2060 7% 23% -670 - - Type 2 - New detached unit 44 BP 23-059 Yes ADU Detached 2/1/2023 2023 750 4220 1881 2288 18% 33% 407 407 22% Type 3 - New detached unit45 BP 23-099 No ADU Detached 3/1/2023 2023 800 20000 4600 4417 4% 18% -183 - - Type 2 - New detached unit 46 BP 23-119 No JADU Conversion 3/20/2023 2023 468 6000 2460 2426 8% 19% -34 - - Type 1 - Lower floor conversion 47 BP 23-120 Yes ADU Attached 3/20/2023 2023 606 4000 1928 2534 15% 24% 606 606 31% Type 3 - New attached unit (single family residence includes basement bonus)48 BP 23-202 No ADU Conversion 4/21/2023 2023 242 4000 1800 1602 6% 15% -198 - - Type 2 - Garage conversion 49 BP 23-304 Yes ADU Attached 6/27/2023 2023 423 4000 1800 2223 11% 19% 423 423 24% Type 3 - New attached unit50 BP 23-335 Yes ADU Detached 7/14/2023 2023 500 6200 2517 2798 8% 18% 281 281 11% Type 3 - Demolished garage and storage unit and rebult garage and ADU (not in-kind). 51 BP 23-359 Yes ADU Conversion 7/26/2023 2023 731 4000 1800 2511 18% 29% 711 - - Type 3 - Took convered floor from ADU then used addition for SFR. The SFR did not exceed the allowble floor area (1,800 sf) for the site. 52 BP 23-394 No ADU Detached 8/17/2023 2023 163 8000 2960 3561 2% 5% 601 601 20% Type 3 - Planning rough completed 08/202453 BP 23-409 No ADU Detached 8/31/2023 2023 953 4800 2083 2073 20% 46% -10 - - Type 2 - New detached ADU 54 BP 23-474 No ADU Conversion 10/6/2023 2023 666 8640 3086 3086 8% 22% 0 - - Type 1 - Legalization of lower level ADU. Square footage for existing residence not able to be located. Assumed total square footage as no change was proposed. 55 BP 23-498 No ADU Attached 10/25/2023 2023 357 4000 1800 2311 9% 15% 511 511 28% Type 3 - New attached ADU 56 BP 23-527 Yes ADU Attached 11/3/2023 2023 264 4000 1800 1915 7% 14% 115 115 6% Type 3 - Attached ADU proposed with Track 2 DS for SFR addition. 57 BP 23-579 No ADU Attached 12/12/2023 2023 638 4120 1844 2911 15% 22% 1067 1067 58% Type 3 - New attached ADU 58 BP 23-594 Yes ADU Detached 12/21/2023 2023 391 11225 3495 4778 3% 8% 1283 1283 37% Type 3 - New detached unit 59 BP 24-014 No ADU Detached 1/11/2024 2024 389 7180 2774 2561 5% 15% -213 - - Type 3 - New ADU above reconstructed detached garage 60 BP 24-140 No ADU Attached 4/2/2024 2024 280 4031 1811 1981 7% 14% 170 170 9% Type 3 - New Attached ADU with 65 sf conversion 61 BP 24-184 No ADU Conversion 4/19/2024 2024 489 4600 2014 2153 11% 23% 139 - - Type 1 - Conversion of lower level to ADU. Existing floor area was non-conforming; no change to FAR for project.62 BP 24-289 See Notes ADU Attached 5/13/2024 2024 536 4000 1800 1944 13% 28% 144 144 8% Type 3 - Partial conversion + addition. ADU addition proposed following approval of Track 2 DS. 63 BP 24-251 Yes ADU Detached 5/24/2024 2024 422 4000 1800 2222 11% 19% 422 422 23% Type 3 - New detached ADU with new SFR. 64 BP 24-256 No ADU Detached 5/28/2024 2024 688 8000 2960 3225 9% 21% 265 265 9% Type 3 - New detached ADU. 65 BP 24-285 No ADU Attached 6/19/2024 2024 783 8045 2969 2696 10% 29% -273 - - Type 3 - New Attached 66 BP 24-303 No ADU Conversion 6/26/2024 2024 384 6000 2460 2075 6% 19% -385 - - Type 1 - Studio conversion 67 BP 24-330 Yes ADU Detached 7/17/2024 2024 791 8480 3310 3735 9% 21% 425 425 13% Type 3 - Detached ADU proposed with Track 2 DS for new SFR. Allowable FAR includes lot merger bonus 68 BP 24-357 No ADU Conversion 8/7/2024 2024 552 10873 3430 6372 5% 9% 2942 - - Type 1 - Conversion of existing space within dwelling. Existing floor area was non-conforming; no change to FAR for project. 69 BP 24-383 See Notes ADU Conversion 8/26/2024 2024 423 4000 1800 1800 11% 24% 0 - - Type 1 - Portion of proposed SFR approved as part of a Track 2 was converted to ADU during BP review. 70 BP 24-401 No ADU Detached 9/9/2024 2024 700 4000 1800 1965 18% 36% 165 165 9% Type 3 - Staff level DS required for associated site work. Floor area of SFR estimated from county assessor record (no record located) 71 BP 24-434 Yes ADU Attached 10/2/2024 2024 390 5107 2185 2575 8% 15% 390 390 18% Type 3 - Attached ADU proposed with Track 2 DS for SFR. 72 BP 24-486 No JADU Conversion 11/8/2024 2024 285 4000 1800 1821 7% 16% 21 - - Type 1 - Garage Conversion to JADU. Existing floor area was non-conforming; no change to FAR for project. 73 BP 24-496 No ADU Attached 11/19/2024 2024 575 4000 1800 2032 14% 28% 232 232 13% Type 3 - Attached with small area of conversion74 BP 24-504 Yes ADU Attached 11/21/2024 2024 442 4000 1800 2242 11% 20% 442 442 25% Type 3 - Attached ADU proposed with Track 2 DS for new SFR. 74 BP 25-016 No ADU Detached 1/13/2025 2025 690 3828 1722 1800 18% 38% 78 78 5% Type 3 - Garage Conversion/Addition 75 BP 25-068 Yes ADU Attached 2/18/2025 2025 428 4000 1800 2039 11% 21% 239 239 13% Type 3 - New attached unit76 BP 25-084 No ADU Detached 2/27/2025 2025 629 8000 2960 2347 8% 27% -613 - - Type 2 - Detached - corrections issued77 BP 25-104 No ADU Attached 3/7/2025 2025 360 6000 2460 2202 6% 16% -258 - - Type 2 - Partial conversion + addition 78 BP 25-287 No ADU Conversion 6/27/2025 2025 260 4051 1818 917 6% 28% -901 - - Type 2 - Garage Conversion 79 BP 25-366 Yes JADU Attached 8/13/2025 2025 218 4000 1,800 1,701 5% 13% -99 - - Type 3 Yes Garage conversion to JADU concurrent with Track 2 application. Revised water permit app. rec'd May 2026 - 2nd bathroom protocol previously applied. 80 BP 25-390 No ADU Conversion 8/22/2025 2025 385 7000 2,730 2,320 6% 17% -410 - - Type 1 - Guesthouse Conversion November 3, 2025 - City Releases Water Allocation (Reso. 2025-097) 81 BP 25-511 No ADU Attached 11/4/2025 2025 325 6116 2495 2638 5% 12% 143 143 6% Type 3 No Conversion/addition. 82 BP 25-522 No ADU Detached 11/10/2025 2025 604 4000 1800 1737 15% 35% -63 - - Type 2 Yes Convert parking pad and studio to ADU 83 BP 25-534 Yes ADU Detached 11/14/2025 2025 830 8005 2961 2474 10% 34% -487 - - Type 3 Yes Demolish garage/guesthouse and add new detached ADU. Concurrent with Track 2 application. 84 BP 25-539 No ADU Detached 11/17/2025 2025 390 4000 1800 1334 10% 29% -466 - - Type 2 Yes Garage demolished to accodate new ADU. 85 BP 25-565 Yes ADU Detached 12/3/2025 2025 484 8000 3200 3662 6% 13% 462 462 14% Type 3 No Detached ADU proposed with Track 2 DS for new SFR. Allowable FAR includes lot merger bonus 86 BP 25-600 No ADU Attached 12/23/2025 2025 548 5000 2150 2145 11% 26% -5 - - Type 2 Yes New attached unit 87 BP 26-118 No JADU Conversion 3/6/2026 2026 464 4000 1,800 2,061 12% 23% 261 - - Type 1 No Garage Conversion to JADU. Existing floor area was non-conforming; no change to FAR for project. 88 BP 25-595 No ADU Detached 3/24/2026 2026 408 12495 3666 6709 3% 6% 3043 3043 83% Type 3 No Replace existing pool house with ADU89 BP 26-156 No ADU Conversion 3/24/2026 2026 501 4600 2,014 1,941 11% 26% -73 - - Type 1 No Lower floor conversion further expanding into adjacent storage room. Also see BP 17-138. Corrections issued 90 BP 25-548 No ADU Conversion 4/13/2026 2026 477 8000 2960 2734 6% 17% -226 - - Type 2 No Garage/Guesthouse conversion 91 BP 26-237 No ADU Conversion 5/12/2026 2026 350 6594 2,625 2,056 5% 17% -569 - - Type 1 Yes Detached Garage Conversion92 BP 26-240 Yes ADU Attached 5/14/2026 2026 400 5687 2,367 2,208 7% 18% -159 - - Type 3 No Planning Commission referral for height exceptions in Park Overlay 93 BP 26-277 No ADU Conversion 6/4/2026 2026 214 4000 1,800 1,521 5% 14% -279 - - Type 1 Yes Garage Conversion 94 BP 26-308 Yes JADU Conversion 7/1/2026 2026 222 4000 1800 2757 6% 8% 957 - - Type 3 No Garage conversion to JADU concurrent with Track 2 application. 95 BP 26-351 Yes ADU Attached 7/23/2026 2026 800 6000 2460 3260 13% 25% 800 800 33% Type 3 No Attached ADU proposed with Track 2 DS for new SFR. 96 BP 26-084 Yes ADU Attached 7/23/2026 2026 800 5762 2391 4085 14% 20% 1694 1694 71% Type 3 No ADU addition to non-conforming structure. Track 2 Design Study for substantial alteration to residence.

Average: 488 6341 2392 2492 9% 21% 99 547 23%
Accessory Dwelling Unit Building Permit Report

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STATE OF CALIFORNIA – CALIFORNIA NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR

CALIFORNIA COASTAL COMMISSION
455 MARKET STREET, SUITE 300
SAN FRANCISCO, CA 94105-2421
VOICE (415) 904-5200
FAX (415) 904-5400
To: Planning Directors of Coastal Cities and Counties
From: John Ainsworth, Executive Director, California Coastal Commission Date: January 21, 2022
RE: Updates Regarding the Implementation of New ADU Laws _____________________________________________________________________________________ I. Introduction
California’s ongoing housing crisis continues to exacerbate housing inequity and affordability, especially in the coastal zone. To address this critical issue, the state Legislature has enacted a number of laws in the last several years that are designed to reduce barriers to providing housing and to encourage construction of additional housing units in appropriate locations. To this end, the 2019 legislative session resulted in a series of changes to state housing laws that facilitate the development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), which can help provide additional housing units that can be more affordable than other forms of market rate housing. Importantly, the changes did not modify existing provisions of state housing law that explicitly recognize that local governments must still abide by the requirements of the Coastal Act, and by extension, Local Coastal Programs (LCPs). Thus, provisions on coastal resource protection must be incorporated into the planning and development process, and into updated LCP J/ADU requirements, when considering J/ADUs in the coastal zone.

The Coastal Commission strongly encourages local governments to update their LCPs with J/ADU provisions in a manner that harmonizes the State’s housing laws with the Coastal Act.

Doing so would protect the State’s coastal resources while also reducing barriers to constructing J/ADUs and helping to promote more affordable coastal housing.

The Coastal Commission has previously circulated three memos to assist local governments with understanding how to carry out their Coastal Act obligations while also implementing state requirements regarding the regulation of J/ADUs. These memos have raised some questions for local governments, including the manner in which they are to be understood together. In order to address this issue, and to reflect lessons learned regarding J/ADU regulation in the coastal zone in the past few years, this updated memo supersedes and replaces these prior memos.

This updated memo also elaborates on the changes to state housing laws that went into effect on January 1, 2020 and provides further information to help local governments harmonize these laws with the Coastal Act. This memo will briefly discuss the authority that the Coastal Act grants the Commission and local governments over housing in the coastal zone, new legislation regarding J/ADUs, how local governments can streamline J/ADU applications under the Coastal Act, and some key issues that should be considered when LCP amendments for J/ADU ATTACHMENT 3

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2 provisions are undertaken. This memo is intended to provide general guidance for local governments with fully certified LCPs. The Coastal Commission is responsible for Coastal Act review of J/ADUs in most areas that are not subject to a fully certified LCP. Local governments that have questions about specific circumstances not addressed in this memo should contact the appropriate district office of the Commission.

II. Coastal Act Authority Regarding Housing in the Coastal Zone The Coastal Act has a variety of provisions directly related to housing. Relevant here, the Coastal Act does not negate local government compliance with state and federal law “with respect to providing low- and moderate-income housing, replacement housing, relocation benefits, or any other obligation related to housing imposed by existing law or any other law hereafter enacted.” (Pub. Res. Code § 30007.) The Coastal Act also requires the Coastal Commission to encourage housing opportunities for low- and moderate-income households (Pub. Res. Code § 30604(f)) but states that “[n]o local coastal program shall be required to include housing policies and programs. (Pub. Res. Code § 30500.1.) Finally, new residential development must be “located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it” or in other areas where development will not have significant adverse effects on coastal resources. (Pub. Res. Code § 30250.) While the Commission does not currently have the explicit authority to provide or protect affordable housing in the coastal zone, the Commission has continued to preserve existing density and affordable housing whenever possible, including by supporting and encouraging the creation of J/ADUs. The creation of new J/ADUs in existing residential areas is one of many strategies that aims to increase the housing stock, including creating additional housing units of a type and size that can be more affordable than other forms of housing in the coastal zone, in a way that may be able to avoid significant adverse impacts on coastal resources.

III. Overview of New Legislation
As of January 1, 2020, AB 68, AB 587, AB 881, AB 670, AB 671, and SB 13 collectively updated existing Government Code Sections 65852.2 and 65852.22 concerning local government review and approval of J/ADUs, and as of January 1, 2021, AB 3182 further updated the same laws, with the goal of increasing statewide availability of smaller, and potentially more affordable, housing units. Importantly, some of the changes affect local governments in the coastal zone and are summarized below.
• Local governments continue to have the discretion to adopt J/ADU provisions that are consistent with state law, and they may include specific requirements for protecting coastal resources and addressing issues such as design guidelines and protection of historic structures.
• Outside of an LCP context, existing or new J/ADU provisions that do not meet the requirements of the new legislation are null and void and will be substituted with the ATTACHMENT 3

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3 provisions of Section 65852.2(a) until the local government comes into compliance with new provisions. (Gov. Code § 65852.2(a)(4).) However, existing J/ADU provisions contained in certified LCPs are not superseded by Government Code Section 65852.2 and continue to apply to Coastal Development Permit (CDP) applications for J/ADUs until the LCP is modified. Coastal jurisdictions without any J/ADU provisions or with existing J/ADU provisions that were adopted prior to January 1, 2020 are encouraged to update their LCPs to comply with the State’s new laws. Such new or updated LCP provisions need to ensure that new J/ADUs will protect coastal resources in the manner required by the Coastal Act and LCP, including, for example, by ensuring that new J/ADUs are not constructed in locations where they would require the construction of shoreline protective devices, in environmentally sensitive habitat areas and wetlands, or in areas where the J/ADU’s structural stability may be compromised by bluff erosion, flooding, or wave uprush over the structure’s lifetime. • A major change to Section 65852.2 is that the California Department of Housing and Community Development (HCD) now has an oversight role to ensure that local J/ADU provisions are consistent with state law. If a local government adopts an ordinance that HCD deems to be non-compliant with state law, HCD can notify the Office of the Attorney General. (Gov. Code § 65852.2(h)(3).) To ensure a smooth process, local governments should submit their draft J/ADU provisions to HCD and Coastal Commission staff to review for housing law and Coastal Act consistency before they are adopted locally and should continue to foster a three-way dialogue regarding any potential issues identified. Additionally, Coastal Commission and HCD staff meet regularly to discuss and resolve any issues that arise in the development of J/ADU provisions in the coastal zone. The Commission continues to prioritize J/ADU LCP amendments, and some may qualify for streamlined review as minor or de minimis amendments. (Pub. Res. Code § 30514(d); 14 Cal. Code Regs. § 13554.) • In non-coastal zone areas, local governments are required to provide rapid, ministerial approval or disapproval of applications for permits to create J/ADUs, regardless of whether the local government has adopted updated J/ADU provisions. (Gov. Code § 65852.2(a)(3).) In the coastal zone, CDPs are still necessary in most cases to comply with LCP requirements (see below); however, a local public hearing is not required, and local governments are encouraged to streamline J/ADU processes as much as feasible.

Other recent legislative changes clarify that local J/ADU provisions may not require a minimum lot size; owner occupancy of an ADU (though if there is an ADU and a JADU, one of them must be owner-occupied); fire sprinklers if such sprinklers are not required in the primary dwelling; a maximum square footage of less than 850 square feet for an ADU (or 1,000 square feet if the ADU contains more than one bedroom); and in some cases, off-street parking. Section 65852.2(a) lists additional mandates for local governments that choose to adopt a J/ADU ATTACHMENT 3

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4 ordinance, all of which set the “maximum standards that local agencies shall use to evaluate a proposed [ADU] on a lot that includes a proposed or existing single-family dwelling.” (Gov. Code § 65852.2(a)(6).) As indicated above, in specific cases coastal resource considerations may negate some such requirements, but only when tied to a coastal resource impact that would not be allowed under the Coastal Act and/or the LCP. In recent LCP amendments, these types of considerations have most often arisen in terms of the off-street parking provisions (see below).

IV. General Guidance for Reviewing J/ADU Applications
The following section lays out the general permitting pathway in which local governments can process J/ADU applications in a manner that is consistent with Coastal Act requirements and LCP provisions.
1) Check prior CDP history for the site.

Determine whether a CDP or other form of Coastal Act/LCP authorization was previously issued for development of the site and whether that CDP and/or authorization limits, or requires a CDP or CDP amendment for, changes to the approved development or for future development or uses of the site. The applicant should contact the appropriate Coastal Commission district office if a Commission-issued CDP and/or authorization affects the applicant’s ability to apply for a J/ADU.
2) Determine whether the proposed J/ADU constitutes “development.” As defined by the Coastal Act, development refers to both “the placement or erection of any solid material or structure” on land as well as any “change[s] in the density or intensity of use of land[.]” (Pub. Res. Code § 30106.) Most J/ADUs constitute development if they include, for example, new construction of a detached ADU, new construction of an attached J/ADU, or conversion of an existing, uninhabitable, attached or detached space to a J/ADU (such as a garage, storage area, basement, or mechanical room). The construction of new structures constitutes the “placement or erection of solid material,” and the conversion of existing, uninhabitable space would generally constitute a “change in the density or intensity of use.” Therefore, these activities would generally constitute development in the coastal zone that requires a CDP or other authorization. (Pub. Res. Code § 30600.) Unlike new construction, the conversion of an existing, legally established habitable space to a J/ADU within an existing residence, without removal or replacement of major structural components (e.g., roofs, exterior walls, foundations, etc.), and which does not change the intensity of use of the structure, may not constitute development within the definition in the Coastal Act. An example of a repurposed, habitable space that may not constitute new development (and thus does not require Coastal Act or LCP authorization) is the conversion of an existing bedroom within a primary structure.

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5 Previously circulated Commission J/ADU memos (being superseded and replaced by this memo) indicated that construction or conversion of a J/ADU contained within or directly attached to an existing single-family residence (SFR) may qualify as development that was exempt from the requirement to obtain a CDP. Specifically, the Coastal Act and the Commission’s implementing regulations identify certain improvements to existing SFRs that are allowed to be exempted from CDP requirements (Pub. Res. Code § 30610(a); 14 Cal. Code Regs § 13250.) Although the Commission has previously certified some LCP amendments that permitted certain exemptions for such ADU development, in a recent action, the Commission reevaluated its position and found that “the creation of a selfcontained living unit, in the form of an ADU, is not an ‘improvement’ to an existing SFR.

Rather, it is the creation of a new residence. This is true regardless of whether the new ADU is attached to the existing SFR or is in a detached structure on the same property.” 1 On this basis, and based on the finding that a variety of types of J/ADUs—including both attached and detached J/ADUs—could have coastal resource impacts that make exemptions inappropriate, it rejected the local government’s proposed exemptions for certain J/ADUs. Local governments considering updating LCP J/ADU provisions should consider the Commission’s recent stance regarding exemptions for ADUs and may work with Commission staff to determine the best way to proceed on this issue. 3) If the proposed J/ADU constitutes development, determine whether a CDP waiver or other type of expedited processing is appropriate.

If a local government’s LCP includes a waiver provision, and the proposed J/ADU meets the criteria for a CDP waiver, the local government may issue a CDP waiver for the proposed J/ADU. The Commission has generally allowed a CDP waiver for proposed J/ADUs if the Executive Director determines that the proposed development is de minimis (i.e., it is development that has no potential for any individual or cumulative adverse effect on coastal resources and is consistent with all Chapter 3 policies of the Coastal Act). Such a finding can typically be made when the proposed J/ADU project has been sited, designed, and limited in such a way as to ensure any potential impacts to coastal resources are avoided (such as through habitat and/or hazards setbacks, provision of adequate off-street parking to ensure that public access to the coast is not impacted, etc.). (See Pub. Res. Code § 30624.7.) Projects that qualify for a CDP waiver typically allow for a reduced evaluation framework and streamlined approval.

Most, if not all, LCPs with CDP waiver provisions do not allow for waivers in areas where local CDP decisions are appealable to the Coastal Commission. There have been a variety of reasons for this in the past, including that the Commission’s regulations require that local governments hold a public hearing for all applications for appealable development (14 Cal.

Code Regs § 13566), and also that development in such areas tends to raise more coastal resource concerns and that waivers may therefore not be appropriate. However, under the state’s J/ADU provisions, public hearings are not required for qualifying development. 1 See Coastal Commission staff report, pp. 16-17 (Commission acted on this item on December 17, 2021).

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6 Because of this, the above-described public hearing issue would not be a concern, so it could be appropriate for LCPs to allow CDP waivers in both appealable and non-appealable areas at least related to this criterion. Local governments should consult with Commission staff should they consider proposing CDP waiver provisions in their LCP. Any LCP amendment applications that propose to allow waivers in appealable areas should ensure that there are appropriate procedures for notifying the public and the Commission regarding approvals of individual, appealable waivers (such as Final Local Action Notices) so that the proper appeal period can be set, and any appeals received are properly considered.

The Coastal Act also provides for other streamlined processing for certain types of development, including for minor development. (Pub. Res. Code § 30624.9.) In certain cases, categories of development can also be excluded from CDP requirements if certain criteria are met (see box). In any case, local governments without such CDP waiver and other processing and streamlining tools are encouraged to work with Commission staff to amend their LCP to include such measures.

Coastal Act section 30610(e) allows certain categories of development that are specified in Commission-approved Categorical Exclusion (Cat Ex) Orders to be excluded from CDP requirements, provided that the category of development has no potential for any significant adverse effect, either individually or cumulatively, on coastal resources. (See also 14 Cal. Code Regs §§ 13240 et seq.)
Cat Ex Orders apply to specific types of development within identified geographical locations. For example, the Commission may approve a Categorical Exclusion for J/ADUs that would normally require a CDP (i.e., it is defined as development) because that specific development type in that specific geographic area can be demonstrated to not result in individual and/or cumulative coastal resource impacts. Cat Ex Orders are prohibited from applying to: tide and submerged lands; beaches; lots immediately adjacent to the inland extent of any beach; lots immediately adjacent of the mean high tide line of the sea where there is no beach; and public trust lands.

Cat Ex Orders provide another potential means of streamlining J/ADU consideration, and interested local governments should consult with Commission staff if they intend to propose such an Order. Cat Ex Orders are processed separately from LCP amendments, require a 2/3 vote of the Commission to be approved, and are typically subject to conditions. Once approved, the local government is responsible for reviewing development that might be subject to the Cat Ex Order and is typically required to report any exclusions applied pursuant to the Order to the Commission for review by the Executive Director and for an appeal period before they can become effective. It is important to note that while Cat Ex Orders can be a powerful tool if approved, the Commission must be able to conclude that the specific category of development in a specific geographic area has no potential for any significant adverse coastal resources impacts in order to approve one. Thus, the local government pursuing a Cat Ex Order must provide supporting documentation and evidence that can conclusively show that to be the case.

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7 4) If a full CDP is required, review CDP application for consistency with certified LCP requirements.

If a proposed J/ADU constitutes development and cannot be processed as a waiver or similar expedited Coastal Act approval authorized in the certified LCP, it requires a CDP. The CDP must be consistent with the requirements of the certified LCP and, where applicable, the public access and recreation policies of the Coastal Act. The local government must then provide the required public notice for any CDP applications for J/ADUs and process the application pursuant to LCP requirements, but should process it within the time limits contained in the ADU law, if feasible. However, local governments are not required to hold a public hearing on CDPs for ADUs. (Gov. Code § 65852.2(l).) Once the local government has issued a decision, it must send the required final local action notice to the appropriate district office of the Commission. If the CDP is appealable, a local government action to approve a CDP for the ADU may be appealed to the Coastal Commission. (Pub. Res. Code § 30603.)
V. Key Considerations
Per Government Code Section 65852.2, subd. (l), known as the Coastal Act Savings Clause, the State’s new ADU requirements shall not be “construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976.” There are a number of key issues that local governments should account for in order to ensure their LCP J/ADU provisions are consistent with the requirements in the Coastal Act. This section addresses some of the key issues that the Commission has dealt with recently, including public coastal access parking requirements and protection of sensitive habitats and visual qualities. Local governments are encouraged to contact their local Coastal Commission district office for further assistance.

Protection of public recreational access in relation to parking requirements Government Code Section 65852.2 requirements regarding parking for J/ADUs are as follows:
a. One parking space is required per unit or per bedroom, whichever is less. The parking space can be a tandem space in an existing driveway.
b. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, no replacement parking space(s) are required.

However, Section 65852.2 further stipulates that the parking requirements listed above do not apply to ADUs constructed:
a. Within ½ mile walking distance of public transportation stops/routes; b. Within a historic district;
c. Within a primary residence or accessory structure;
d. When on-street parking permits are required but not offered to the occupant of the ADU;
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8 e. And where a car-share vehicle is located within one block of the ADU.

Thus, the Government Code limits the circumstances when a local government can require a J/ADU project to address its parking needs onsite. This is a departure from most local government parking requirements which often explicitly specify the number of off-street parking spaces that must be provided onsite in any particular development, including residential development. The potential outcome is that private residential J/ADU parking needs can be shifted onto adjacent public streets. At the same time, the Coastal Act contains objectives and policies designed to protect and provide for maximum coastal access opportunities, which includes maintaining sufficient public coastal parking, including as implemented through LCP off-street parking provisions. The addition of J/ADUs may interfere with coastal public street parking availability if, for example, a garage is converted to a J/ADU and parking is not replaced onsite, in addition to the J/ADU parking demand itself. The Commission has often found that when private residential parking needs are not accommodated onsite, it can lead to increased use of on-street parking to address such needs, thereby reducing the availability of on-street parking to the general public. This may adversely affect public coastal access if it occurs in high visitor-serving areas and/or areas with significant public recreational access opportunities, and where on-street parking is heavily used. The result will be that the general public could be displaced from on-street parking by J/ADU parking needs, which may violate the Coastal Act’s requirements to protect, provide, and maximize public coastal access and recreational opportunities. In many impacted coastal neighborhoods, development patterns over the years have not adequately accounted for off-street parking needs, and adding J/ADU parking to the mix will only exacerbate such public parking difficulties.

Additionally, because general on-street parking is typically free or lower cost compared to other public parking facilities, J/ADU construction may also interfere with maintaining lower cost coastal access for all.

In order to avoid conflicts regarding parking requirements for J/ADUs as they may impact public access, local governments are encouraged to work with Commission staff to identify or map specific neighborhoods and locations where there is high visitor demand for public on-street parking needed for coastal access and to specify parking requirements for each such area that harmonizes Government Code requirements with the Coastal Act (and any applicable LCP policies). These maps can denote areas that supply important coastal public parking and access opportunities, and require that J/ADU development in these areas ensure that private residential parking needs are accommodated off-street. Importantly, such upfront LCP mapping and provisions allow the local government to address impacts to public access and parking supply without the need for a protracted, or even necessarily a discretionary, decision. The Commission has previously found that local governments may include specific off-street parking requirements for J/ADUs constructed in these locations and may also require maintenance of all off-street parking for the primary residence (see examples below). However, harmonizing the distinct priorities between the Coastal Act’s protection of public coastal access and the J/ADU provisions on parking requirements will require a case-by-case consideration of the specific circumstances of each jurisdiction.

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9 Protection of sensitive habitats and visual qualities; avoidance of hazards While most J/ADU projects take place within established residential neighborhoods where potential coastal resource impacts are fairly limited, there can be cases where such projects may affect significant coastal resources, such as sensitive habitats and shorelines and beaches.

As a general rule, LCPs include many provisions protecting such resources, and it is important that proposed J/ADU provisions are not structured to undo any such LCP protections that already apply. J/ADUs may need to be reviewed for specific siting and design standards, particularly in visually sensitive areas (such as the immediate shoreline, between the first public road and the sea, near LCP-designated scenic areas, etc.). Similarly, where sensitive habitat may be present, J/ADUs must be reviewed for impacts to such habitat, including with respect to fuel modification for defensible space. Additionally, local governments should include provisions for J/ADUs constructed in areas vulnerable to sea level rise and other coastal hazards which ensure not only that these structures will meet all LCP requirements for new development to be safe from such hazards, but that also addresses the need for future sea level rise adaptations (including future accommodation or removal, risk disclosure conditions on the J/ADU, and any other risk-related issues dealt with in the LCP).

VI. Examples of Recently Updated ADU Provisions in Certified LCPs A number of local jurisdictions have recently updated their LCPs to include new J/ADU provisions. Coastal Commission staff reports are linked below, which summarize specific issues that arose between Coastal Act requirements and the new J/ADU provisions as well as the necessary changes that were made in order to harmonize each jurisdiction’s LCP with the State’s housing laws. The suggested modifications shown in the staff reports were all approved by the Coastal Commission.

City of Santa Cruz (approved May 2021). This LCP amendment included clarifying language to address which provisions of the new state housing laws applied to ADUs in the coastal zone of the City of Santa Cruz as well as ensuring that the coastal resource protection provisions of the City’s current LCP are maintained. The amendment also addressed specific off-street parking requirements for ADUs sited near significant coastal visitor destinations. The City of Santa Cruz adopted the Commission’s modifications in August 2021.

City of Pacifica (approved June 2021). This LCP amendment revised the City’s Implementation Plan to incorporate J/ADU provisions that are in line with the updated state housing laws, including streamlined procedures for J/ADU review and permitting processing, providing J/ADU development standards, and crafting tailored modifications to address specific public access parking needs in key visitor destination areas. The City of Pacifica adopted the Commission’s modifications in August 2021.

County of San Mateo (approved July 2021). This LCP amendment incorporated more specific ADU regulations relating to size limits, maximum number of J/ADUs permitted per lot, streamlined review and process of J/ADU permits, and parking availability in areas that are ATTACHMENT 3

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10 significant coastal visitor destinations. The County of San Mateo adopted the Commission’s modifications in September 2021.

City of Encinitas (approved August 2021). The Coastal Commission approved revisions to the City of Encinitas’ Implementation Plan that updated existing definitions for ADUs and JADUs and clarified development standards for accessory units, including standards for size, height, and setbacks.

City of Santa Barbara (approved December 2021). The Coastal Commission approved Commission staff’s revision of the City of Santa Barbara’s LCP amendment submittal addressing updated ADU provisions to be consistent with state housing laws. The amendment revised J/ADU terms and definitions, building standards, parking requirements, and permitting review and processing procedures. The staff report included modifications that address the CDP exemption issue (discussed above).

This document was developed using federal financial assistance provided by the Coastal Zone Management Act, as amended, under award NA20NOS4190101, administered by the Office for Coastal Management, National Oceanic and Atmospheric Administration, U.S. Department of Commerce. The statements, findings, conclusions, and recommendations are those of the author and do not necessarily reflect the views of the National Oceanic and Atmospheric Administration or the U.S. Department of Commerce.

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CITY OF CARMEL-BY-THE-SEA
Planning Commission
Staff Report
September 25, 2025

PUBLIC HEARINGS
TO: Chair LePage and Planning Commissioners

SUBMITTED
BY:

Evan Kort, Senior Planner
APPROVED BY: Anna Ginette, AICP, Director of Community Planning and Building SUBJECT: ADU Ordinance Workshop: Conduct a public workshop to gather feedback on a revised draft ordinance amending Title 17 relating to Accessory Dwelling Units
Application: ADU Ordinance Workshop APN:

Block & Lot:

Location: Citywide
Applicant: Owner:

Recommendation:

Conduct a public workshop to gather feedback on a revised draft ordinance amending Title 17 relating to Accessory Dwelling Units (ADUs)
Summary, Background, and Project Description:

BACKGROUND/SUMMARY:

The Planning Commission is being presented with a revised draft 2nd draft (version 2.5) of an ordinance (Attachment A) that would amend the City’s regulations pertaining to Accessory Dwelling Units or “ADUs”, which include both full Accessory Dwelling Units, and Junior Accessory Dwelling Units or “JADUs”. This workshop is meant to gather feedback from the commission and the public alike on any and all aspects of ADU regulation. Subsequent to receiving feedback, staff will make necessary modifications to the draft ordinance and return to the commission for a formal recommendation of adoption to the City Council.

On November 13, 2024, the Planning Commission held a public workshop at their regularly scheduled Planning Commission meeting (click here for staff report) to review the 2nd draft of the ADU ordinance (version 2). The commission directed staff to return for an additional workshop that facilitated an informal setting and discussion-based format and allow additional time to review the draft ordinance. As directed, staff is ATTACHMENT 6

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returning to the commission with a revised 2nd draft of the proposed ordinance (version

2.5; refer to Attachment A) that incorporates minor revisions, as recommended, in advance of this workshop for public review.

Competing State Laws
The discussion below provides a summary of state law pertaining to ADUs and the California Coastal Act. This information is significant as conflicts occur between the two sets of laws. However, as pointed out below, the ADU law contains a coastal savings clause (Government Code Section 66329) which maintains the supremacy of the California Coastal Act. Therefore, as decision makers and a recommending body to City Council, the Planning Commission must weigh the requirements of both laws to put forth a balanced and consistent ADU ordinance that protects the city’s coastal resources and addresses our housing needs.

State ADU Law
State law requires local agencies to adopt an ADU ordinance that meets the requirements of Article 2 of the state ADU statute (Government Code, Title 7, Division 1, Chapter 13). Any existing ordinances that do not meet the requirements in said article shall be null and void. This essentially requires agencies to apply the requirements in state law.

In adopting the ADU statute, the state legislature found and declared that ADUs are a valuable form of housing provided at below market prices within existing neighborhoods. The intent of the statute is that a local ADU ordinance would provide the for the creation of ADUs. Further, regulations relating to unit size, parking, fees, etc., are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create ADUs. As such, state law requires that local agencies cannot preclude the establishment of a “state exempt” (800 square feet or less) ADU.

In summary, the law requires a local ordinance:
• Only impose objective standards for parking, height, setback, landscape, architectural review, unit size and preventing adverse impacts on real property listed in the California Register of Historic Resources. • Limit approvals to ministerial permits.
• Not count ADUs towards density.
• Provide a minimum and maximum size limitation;
o Floor area for attached ADUs shall not exceed 50% of an existing primary dwelling;
o Floor area for detached ADUs shall not exceed 1,200 square feet; o Shall not establish a minimum square footage requirement that prohibits an efficiency unit (150 square feet in living space with a separate closet, kitchen sink, cooking appliance, refrigerator, and a separate bathroom containing a water closet, lavatory, bathtub, or shower); and o Shall not establish a maximum square footage requirement that is 850 square feet or 1,000 square feet for an ADU with more than one bedroom.

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The law further requires that a local ordinance shall not:
• Require a separate review.
• Establish any other minimum/maximum ADU size.
• ADU size based upon a percentage of the proposed or existing primary dwelling. • Limit lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot ADU with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. • Apply a height limit that does not allow:
o A 16-foot tall detached ADU;
o An 18-foot tall detached ADU on a lot with a multifamily, multistory building; or
o A 25-foot tall or the applied height limit to the primary dwelling, which ever is lower, for an ADU attached to the primary dwelling.

When considering these requirements, the commission must also consider Government Code Section 66329, which states that “[N]othing in this article shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units.” The intent of this section is to preserve the requirements of the Coastal Act and identify both sections of law are equally important. This allows the city to apply our Local Coastal Program for review of all ADUs, including a state exempt ADU.

California Coastal Act of 1976 (Coastal Act)
In adopting the Coastal Act (Public Resources Code – Division 20), the legislature found and declared that the permanent protection of the state’s natural and scenic resources is a paramount concern to present and future residents of the state and nation. Further, future developments that are carefully planned and developed consistent with the act are essential to the economic and social well-being of the people of the state. One of the basic goals of the act is to protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources.

In the California Coastal Commission’s 2003 review of the city’s land use plan resubmittal for certification, the commission identified specific ways the city’s character was changing, which included increasing home size, increased tree removal and greater lot coverage. Moreover, the commission specifically recommended a modification to include the following text:
“The incorporated limits of the City of Carmel-by-the-Sea shall be designated a special ATTACHMENT 6

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community and a highly scenic area within the meaning of Coastal Act sections 30251 and 30253 and for the purposes of implementing section 30610 and corresponding regulation section 13250 of the California Code of Regulations. New development shall protect this special community and its unique characteristics.” Public Resources Code (PRC) Section 30251 states in part, the scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. New development in highly scenic areas shall be subordinate to the character of its setting. PRC Section 30253(e) states that where appropriate, protect special communities and neighborhoods that, because of their unique characteristics, are popular visitor destination points for recreational uses.

In 2018, the Coastal Commission adopted a De Minimis Amendment Determination certifying the city’s Local Coastal Program (LCP) amendment adopting our local ADU ordinance (City County Ordinance No. 2017-010). PRC Section 30514(d)(1) allows the Executive Director of the Coastal Commission to determine that a proposed LCP amendment is de minimis if the amendment would have no impact on coastal resources and is consistent with the policies in Chapter 3 of the Coastal Act. The commission found that implementation of the city’s ADU ordinance requires ADUs to conform with all applicable requirements of the underlying residential zoning district in which they are allowed, including with respect to height, setback, lot coverage, floor area ratio, landscaping, and historic preservation requirements, and was therefore adopted as a de minimis amendment.

Staff Analysis:

Proposed ADU Types and Permit Requirements
The purpose of this workshop is to provide a less technical and more conversational approach to ADUs, specifically how ADUs are proposed to be reviewed. The three “tracks” of ADU review are proposed to be tiered by the levels of penitential impacts to coastal resources. Type 1 would have the lowest impact and Type 3 would have the greatest likely hood of impacting a resource and warrant a higher level of review.

ADUs would require permit approvals as listed below:

Type 1 == Building Permit Only
Type 2 == Track 1 Major Design Study/Review (Planning Department Review) and Administrative Coastal Development Permit (Planning Department Review) Type 3 == Track 2 Design Study/Review (Planning Commission Review) and Coastal Development Permit (Planning Commission Review) Type 1 projects would generally involve no changes to the existing structure (i.e. conversion of existing floor area) and therefore these projects would only require a building permit and would not require a Coastal Development Permit pursuant to CMC section 17.52.100.

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changes made to a residence, however, a waiver from any type of planning review is proposed provided objective design standards are followed for additions to windows and doors needed to facilitate a ADU associated with a Type 1 unit. This proposed amendment would streamline current practice by eliminating a planning entitlement that would generally be required all together and only requiring a building permit.

Alterations to the building could be made through the use of future objective Design Standards in lieu of the existing discretionary Residential Design Guidelines.

Type 2 projects are most similar to the ADUs described in the city’s existing ordinance, CMC section 17.08.050.G, in that the units must comply with all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this chapter, including but not limited to height, setback, and floor area ratio. The current ordinance requires that detached units have a height of no more than twelve feet and have no more than 600 square feet of floor area, for example. This proposed ordinance would loosen current ADU regulations (CMC section

17.08.050.G) to better align with the underlying zoning and the current provisions in the state statute. Type 2 ADUs would require an Administrative CDP (reviewed at the staff level) through a process similar to a Track 1 Major Design Review/Study which is currently implemented in the LCP -the deviation in the typical of review being the use of objective design guidelines and a waiver of all public hearings.

The Type 2 incentivizes ADU development by allowing for the creation of an ADU within the floor area limits of a property without the need for public hearing as may otherwise be required for a smaller scope of work for an addition to the single family residence.

For example: an applicant with an existing 1,500 square foot residence proposing a 150+ square foot addition to their home would be subject to the requirements of a Track 2 Design Study and required to receive approval by the Planning Commission.

That same applicant could construct an ADU between 150-300 square feet with only an administrative CDP (any larger would become a Type 3 unit). The goal of the Type 2 unit is to incentivize a streamlined track for smaller ADUs which are consistent with the LCP, the underlying zoning for the site, and established community character.

Type 2 ADUs strike a balance between the state statue requirements of the LCP and the Coastal Act.

Type 3 projects are ADUs that would have the potential to conflict with the Goals, Objectives, or Policies of the city’s LCP, or where potential impacts to Coastal Resources exist if not properly addressed through a discretionary review.

In practice, a Type 3 ADU may be allowed up to 800 square feet above the floor area for the site, just as suggested in the state statute (state exempt ADU - Government Code Section 66321(b)(3)). The permit review for the ADU would be completed through the city’s standard Track 2 Design Study process (CMC section 17.58.040.B). In compliance with the California Coastal Act, potential conflicts with the city’s coastal resources would require review through a Coastal Development Permit where the Planning Commission would be the appropriate authority. The additional 800 square ATTACHMENT 6

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feet above the floor area for the site would only be allocated to the ADU and not to any portion of the primary dwelling.

The purpose of the discretionary review would be to ensure there are no impacts to Coastal Resources, including but not limited to: Community Character, Scenic Resources, Historic Resources, Archaeology, Water Quality, and Public Access and Recreation. As part of the Design Review process, the appropriate decision making body, Planning Commission, is required to make the following findings that would ensure that development is consistent with the LCP and the Coastal Act.

This track maximizes development potential, consistent with the provisions of the state statute, while at the same time ensures coastal resources are protected through the city’s discretionary review process consistent with the provisions of the city’s LCP.

Draft Ordinances
The attached draft ordinance version 2.5 (Attachment A) incorporates the suggested modifications directed by the Planning Commission to provide an ordinance that includes a comprehensive and all-inclusive set of ADU regulations. While this draft includes all details relevant to ADUs, staff has suggested modifications intended to trim the ordinance and make it more user friendly. In this proposed draft, staff began with the existing ordinance in CMC section 17.08.050.G and updated it to incorporate state law requirements (see Attachment B).

Additional Local Coastal Program Amendments
There shall be vertical consistency throughout the LCP and specific to ADUs, amendments are required to achieve consistency between the Land Use Plan’s Land Use and Community Character Element and Implementation Plan Title 17. As discussed above, the city cannot preclude a state exempt ADU. As such, LUP Policy P1-49 language (see below) shall be modified.

P1-49: Limit above-grade floor area on 4,000 square foot lots to a maximum of 1,800 square feet. Projects with less above-grade square footage shall be preferred.

Structural coverage shall not exceed 45% of the site. Total site coverage (structural and other impermeable coverage) on 4,000 square foot lots shall not exceed 55% of the site. Locate open space so that it visually links with adjacent properties. (LUP) The draft ADU ordinance introduces an Administrative Coastal Development Permit.

Type 2 ADUs would involve development and/or intensify land use of a residential property. However, such development would meet the height, site coverage and floor area limitations of the underlying zoning district. This administrative process would allow review of development to ensure consistency with the LCP at the staff level. CMC Chapter 17.52 - Permit Procedures will need to be amended to include a new section outlining the process for Administrative Coastal Development Permits.

Other Project Components:

Environmental Review: Not Applicable. As a workshop on a draft ordinance and, this action will not result in a direct or indirect physical change in the environment. Nothing ATTACHMENT 6

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is being approved by the Planning Commission. Therefore, the action does not qualify as a “project” as defined in section 15378 of the CEQA Guidelines, and is not subject to environmental review.

ATTACHMENTS:

1. Attachment A-1 - Draft Ordinance (Clean)

2. Attachment A-2 - Draft Ordinance (Redline)

3. Attachment B-1 - Draft Alternative Ordinance (Clean)

4. Attachment B-2 - Draft Alternative Ordinance (Redline)

5. Attachment C - ADU Analysis (from November 13, 2024 workshop)

6. Attachment D - November 13, 2025 Agenda Packet

7. Attachment E - Errata Memo for ADU workshop #3
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1 17.ADU.010 Definitions.

17.ADU.020 Purpose and intent

17.ADU.030 Applicable Zoning Districts

17.ADU.040 Development Standards for ADUs of Single Family Properties.

17.ADU.050 Development Standards for ADUs of Multi-Family Properties.

17.ADU.060 Junior Accessory Dwelling Units

17.ADU.070 Design Review.

17.ADU.080 Accessory Dwelling Units, General.

17.ADU.100 Coastal Resource Protection

17.ADU.110 Application and Review Procedure.

17.ADU.010 Definitions
As used in this chapter, terms are defined as follows. Terms not defined below shall take the definition as otherwise defined in Title 17 of the Carmel Municipal Code (CMC).

A. Accessory Dwelling Unit (ADU). “Accessory Dwelling Unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities and permanent provisions for living, sleeping, eating, cooking, sanitation, and connection to utilities for one or more persons and is located on a lot with a proposed or existing primary residence or multi-family residences. An ADU also includes the following: An efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code, as may be amended; and a manufactured home, as defined in Section 18007 of the California Health and Safety Code, as may be amended. ADUs do not include mobile homes, tiny homes, or recreational vehicles licensed by the Department of Motor Vehicles (DMV).

1. Attached. An "Attached ADU" means an ADU that is constructed as a physical expansion (i.e. addition) to the primary dwelling. An attached ADU does not qualify as a conversion ADU. An attached ADU may be attached to the Single-Family Dwelling Unit by one or more common walls or other means but shares a physical connection. An attached ADU is distinct from the definition of a junior ADU.

2. Detached. A "Detached ADU" means an ADU that is constructed as an independent structure entirely separate from and sharing no physical connection to the primary dwelling unit and/or other accessory structures.

3. Conversion. A “Conversion ADU” means an ADU that is constructed completely within the existing or proposed space of a single family residence, an existing detached accessory structure, or an existing multi-family structure. Conversion ADUs are located completely within the existing or proposed floor area of the structure in which they are located, except for expansions for ingress and egress as allowed within this chapter.

B. Accessory Structure. A structure that is accessory and incidental to a dwelling located on the same site.

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2 C. Administrative Review (Administrative; Administratively). A review which may include discretion or use of personal judgement that does not require consideration or approval at a public hearing.

D. Available Floor Area. “Available Floor Area” refers to the portion of the allowable floor area remaining for development on a property after accounting for the floor area of all existing and proposed structures. This calculation includes primary dwellings, accessory dwelling units (ADUs), and any other accessory structures, ensuring the total development adheres to zoning regulations.

E. Delete?
F. Coastal Access Parking Area. The Coastal Access Parking Area is defined as all properties located within the Beach and Riparian (BR) Overlay District located west of the centerline of Carmelo Street and west of the centerline North San Antonio Street, as well as all properties with street frontages located on San Antonio Avenue or North San Antonio Avenue.

1. If a property is not located immediately adjacent to a street frontage (flag lot, easements, etc.), the frontage shall be determined by the driveway location of the subject property.

G. Coastal Development Permit. A Coastal Development Permit (CDP) is the regulatory mechanism by which proposed developments in the coastal zone are brought into compliance with the policies of Chapter 3 of the Coastal Act.

1. Note: The policies applicable to the City of Camel of Chapter 3 of the Coastal Act have been incorporated into the city’s certified Local Coastal Program.

H. Floor Area Limits. “Floor Area Limits” refers to the maximum allowable floor area for all structures on a property, including but not limited to primary dwellings, accessory dwelling units (ADUs), and other accessory structures.

I. Historic Resource. For purposes of this section, a Historic Resource shall be a property listed, or eligible for listing, on the National Register of Historic Places or the California Register of Historical Resources, listed on the Carmel Inventory or Register of Historic Resources, or located in a designated historic district.

J. Junior Accessory Dwelling Unit (Also known as "Junior ADU" or "JADU"). A unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

K. Manufactured Home. A unit as defined by Section 18007 of the California Health and Safety Code, as may be amended.

L. Ministerial Review (Ministerially). A review that does not require discretionary action or review, personal judgement, or a public hearing.

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3 M. Passageway. A pathway that is unobstructed clear to the sky (i.e.: uncovered) and extends from a street to one entrance of the ADU or JADU.

N. Primary Dwelling. A "Primary Dwelling" or "primary residence" means a single-family or multifamily residential dwelling unit that either exists on or is proposed for a lot zoned for any residential or mixeduse zone, either through a permitted use or a conditional use, and is constructed prior to or concurrently with the ADU or JADU. The primary dwelling shall include all attached non-habitable areas, such as attached garages, but does not include detached accessory structures on the same building site.

1. Multi-Family Dwelling. A structure with two or more attached dwellings on a single lot, and any mixed use structure containing commercial floor area and one or more dwelling units. Multiple detached single-unit dwellings on the same lot are not considered multifamily dwellings, nor are subordinate units, or existing ADUs.

2. Condominium units shall be defined as single family or multi-family based on the parcel map that defines the space of the primary dwelling. Common area(s) or common space(s) shall not be considered part of a primary dwelling.

O. Proposed dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.

P. Sanitation Facilities. Sanitation facilities means a room containing a toilet, sink, and bathtub or shower.

Sanitation facilities may also be referred to as a bathroom or restroom.

Q. Subordinate Units. The city has previously classified two types of subordinate dwellings:

1. Legal nonconforming units that were established prior to June 5, 1929. These units were legally established and required no permit. These units were originally classified as subordinate units.

2. Legal nonconforming units that were established prior to April 5, 1988, and registered with the City by December 6, 1994. These units typically were built without City approval but were then legalized and brought to minimum health and safety standards through an amnesty period and registration. These units were originally classified as subordinate units.

17.ADU.020 Purpose, Intent, and Findings.

A. To enact regulations governing Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) construction in compliance with Sections 66310 – 66342 of the Government Code, or any successor statute, and in compliance with the California Coastal Act and the City’s Local Coastal Program. The provisions of this article shall be liberally construed in order to accomplish development of ADUs and JADUs. In the event of a conflict between the provisions of this article and any other ordinance of the City of Carmel-by-the-Sea regulating ADUs or JADUs, the provisions of this article shall prevail.

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4 B. To establish a process for review and approval of ADUs and JADUs. No local ordinance, policy, or regulation other than this article and regulations referenced therein shall be the basis for the denial or delay of a building permit for an ADU or JADU.

C. The provisions of this chapter shall only be applicable to the establishment of ADUs and/or JADU (that being the establishment of the dwelling unit). Other improvements made to the site, including but not limited to, improvements to the primary dwelling, site coverage improvements/modifications, decks, patios, landscaping, grading, parking, shall be undertaken in accordance with the applicable regulations and procedures in the Carmel-by-the-Sea Municipal Code unless expressly authorized in this chapter.

D. To provide for additional affordable housing opportunities without a commitment of public funds which are usually necessary to subsidize large-scale affordable housing development projects.

E. To provide for convenient child care opportunities within residential neighborhoods. For working-age residents with children, ADUs allow family members or other child care providers to reside in proximity to the household requiring child care. The nearby availability of child care for their children offers working-age residents convenience, and more importantly, may enable them to work and support their families without the burden of commercial child care costs.

F. To provide for convenient elder care opportunities within residential neighborhoods. ADUs and JADUs enable multi-generational living on a common site. As Carmel’s population ages, ADUs and JADUs allow family members or other caregivers to reside in proximity to those receiving care while affording them the privacy of their own living space. For those receiving care, ADUs and JADUs will enable many to remain in their homes longer than would otherwise be possible without needing to relocate to an assisted living or other facility.

17.ADU.030 Applicable Zoning Districts.

A. An ADU that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The ADU shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

1. Community Plan and Specific Plan Area. The provisions of subsection (A), above, shall apply to sites zoned as Community Plan or Specific Plan areas where the approved development plan includes residential uses as a permitted use, including mixed use. In cases where the details of the original development plan are not available, the Director may determine whether a site was intended for residential use as a permitted use by considering the use of any existing structures on the site in addition to the uses of structures and the development pattern of the area immediately surrounding the site.

17.ADU.040 Development Standards for ADUs on Single Family Properties.

The following standards apply to ADUs and JADUs on all properties within all zoning districts that allow singlefamily dwellings developed with an existing or proposed single family dwelling.

A. Location – Single Family.

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5 1. Number of ADUs. A maximum of one (1) ADU, and one (1) JADU shall be allowed on a site developed with a single-family residence.
a. One (1) additional ADU shall be permitted on a building site when the existing or proposed units are limited to: one (1) conversion ADU, one (1) detached ADU, and one (1) JADU.
b. JADUs are allowed consistent with Section 17.ADU.060.

2. Location on site. An ADU may be attached to, detached from, or located within the existing or proposed primary dwelling on the same building site. An ADU may also be converted from a garage or other existing accessory structure on the same building site as the existing primary dwelling.

B. Floor Area – Single Family.

1. The floor area of an ADU and/or JADU is included in any other floor area limitation in this Title that is applicable to an attached or detached accessory building for the housing type and in the base zone in which the lot is located.

2. Notwithstanding CMC Section 17.ADU.030.B.1, an 800 square foot floor area allowance may be granted exclusively for the creation of an attached or detached Type 3 ADU, as described in Section 17.ADU.110.B.1.c.

3. For the purposes of development of other structures on the property, the floor area of an existing ADU shall be counted in the calculation of the property’s total lot coverage and floor area ratio.

4. The floor area of an ADU shall not exceed the floor area of an existing or proposed primary dwelling.
a. Exceptions for attached and detached units: If the existing or proposed primary dwelling is 800 square feet or less, the ADU may be allowed a maximum of 800 square feet regardless of such condition, as provided in Section 17.ADU.030.C.1.a.

C. Unit Size – Single Family. The standards below provide the maximum and minimum unit sizes for ADUs.

Establishment of an ADU within these standards shall require available floor area for establishment of the unit consistent with Section 17.ADU.040.B, above.

1. New Construction Attached ADU. An ADU attached to the primary dwelling shall have a minimum floor area of 150 feet, and shall not exceed 50 percent of the existing floor area of the primary dwelling.

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6 a. If the square footage of the primary dwelling does not allow for an attached ADU of at least 800 square feet, a maximum allowance of 800 square feet may be granted for the unit size of the attached ADU.
b. An attached garage shall be included in the square footage of the primary dwelling whether a portion of the garage is converted to an ADU or demolished as part of the establishment of the ADU, or not.

2. New Construction Detached ADU. A detached ADU shall have a minimum square footage of 150 square feet, and shall not exceed 850 square feet, except for an ADU that provides more than one bedroom, which shall not exceed 1,000 square feet.

3. Conversion ADUs. A conversion ADU shall have a minimum floor area of 150 square feet. The maximum floor area of an ADU that converts a portion of a primary dwelling shall be no more than 50% of the existing floor area of the dwelling being converted. An ADU that is created through the conversion of an existing detached accessory structure shall have no size restriction (i.e. the entire detached accessory structure may be converted regardless of the size). a. For the full conversion of accessory structures, an expansion up to an additional 150 square feet may be allowed if necessary for ingress and egress only as required by the City’s Building Code. The 150 square foot addition shall comply with all setbacks and height limits of the underlying zone district.

D. Height Limits – Single Family. The maximum height of an attached or detached new ADU shall not exceed the following limits:

1. New Construction: ADUs constructed on the site of an existing or proposed single-family dwelling shall comply with the plate and ridge heights established in table 17.10-C located in CMC Section 17.10.030.B.
a. Limitations. The maximum ridge height for all new ADUs shall be sixteen (16') feet with a maximum twelve (12’) plate height in the following instances:
i. The maximum height of the primary dwelling unit is sixteen (16') feet or less; or ii. Any portion of an ADU is located between a primary dwelling unit and a front setback line of the site.

2. For a conversion ADU (without an expansion): the ADU shall be contained completely within the existing structure, and maintain the existing height of the converted structure. a. An expansion up to an additional 150 square feet may be allowed if necessary for ingress and egress only as required by the City’s Building Code. The 150 square foot addition may not exceed the plate and ridge heights of the existing accessory structure.

E. Setbacks – Single Family.

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7 1. New Construction: Attached and detached ADUs shall comply with the setback requirements set forth in the zoning district in which the ADU is located including any applicable overlay district in which the subject property is located except as provided in this subsection. a. Detached ADUs shall not be subject to composite setback requirements prescribed in CMC Section 17.10.040.A.

2. For a conversion ADU (without an expansion): No setback shall be required for conversion ADUs provided the structure maintains an adequate setback required for fire safety and access as determined by the Building Official and/or Fire Marshall. a. An expansion up to an additional 150 square feet may be allowed if necessary for ingress and egress only as required by the City’s Building Code. The 150 square foot addition shall comply with all minimum setbacks limits described above.

F. Parking – Single Family.

1. No parking shall be required for an ADU except for as provided in the Coastal Access Parking Area, described in Section 17.ADU.100.C.6, where on-site parking shall be provided for all ADUs.

2. Except for as required in the Coastal Access Parking Area, when the required parking serving a primary dwelling is demolished for the purpose of establishing an ADU, replacement parking for the primary dwelling shall not be required.
a. This provision shall not apply for demolition and/or reconstruction of existing dwellings. b. This provision shall not apply to JADUs, as described in Section 17.ADU.060.F. c. An 8’6”x16’ parking pad constructed from permeable or semi-permeable materials may be voluntarily provided as replacement parking for the primarily dwelling and approved administratively as part of the permit application for the ADU. The parking pad shall be exempted from any floor area and site coverage requirements provided the standards for driveways outlined in CMC Section 12.24.020.A through L are otherwise met. i. Replacement garages or carports voluntarily provided shall be subject to Design Review pursuant to CMC Chapter 17.56 and shall be required to comply with applicable floor area and site coverage limitations for the site.

3. Development resulting in a loss of off-street parking shall render the site non-conforming, as described in CMC Section 17.10.040.F.2.d, if the site does not conform to parking requirements.

G. Design Review – Single Family. All ADUs shall be subject to the provisions outlined in Section

17.ADU.070, Design Standards.

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8 17.ADU.050 Development Standards for ADUs on Multi-Family Properties.

The following standards apply to ADUs and JADUs developed on multi-family residential properties or mixedused developments at any density:

A. Location – Multi-Family.

1. Number of ADUs. For all existing multi-family or mixed-use developments, subsections (a) through (c) below shall apply.
a. ADUs contained within the portion of existing multi-family dwelling structures that are not used as livable space:
i. The equivalent number of twenty-five (25%) percent of the existing multi-family dwelling units (no less than one (1) unit).
b. ADUs detached from existing or proposed multi-family dwelling structures :
i. Up to two (2) ADUs
ii. For the purpose of this subsection, a detached ADU shall mean an ADU that is detached from the multi-family dwelling, and shares no common physical connection with a commercial use or occupancy, if located on a mixed-use property or development.
c. JADUs shall not be permitted in multi-family or mixed-use use developments.

2. Location on site.
a. ADUs may be located within the portion of existing multi-family dwelling structures that are not used as livable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
i. In mixed-use buildings, the non-livable space used to create an ADU or ADUs shall be limited to the residential areas of a mixed-use development, and not the areas used for commercial or other activities. The parking and storage areas for these non-residential uses shall also be excluded from potential ADU development.
b. ADUs may be detached from an existing or proposed multi-family dwelling structure and all accessory structures including, without limitation, garages and storage areas on the same site
B. Floor Area – Multi-Family.

1. The floor area of an ADU is included in any other floor area limitation in this Title that is applicable to a detached accessory building for the housing type and in the base zone in which the lot is located.

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9 a. Notwithstanding CMC Section 17.ADU.030.B.1, an 800 square foot floor area allowance may be allowed exclusively for the creation of a detached Type 3 ADU, as described in Section 17.ADU.xxx.

2. For purposes of development of other structures on the property, the floor area of an existing ADU shall be counted in the calculation of the property’s total lot coverage and floor area ratio.

3. The floor area of an ADU shall not exceed the floor area of an existing or proposed primary dwelling.
a. Exceptions for attached and detached units: If the existing or proposed primary dwelling is 800 square feet or less, the ADU may be allowed a maximum of 800 square feet regardless of such condition, as provided in Section 17.ADU.030.C.1.a.

C. Unit Size – Multi-Family. The standards below provide the maximum and minimum unit sizes for ADUs on multifamily properties. Establishment of an ADU within these standards shall require available floor area for establishment of the unit consistent with Section 17.ADU.050.B, above.

1. ADUs contained within the enclosed space of an existing multi-family dwelling that is not used as livable space:
a. The minimum size of the ADU shall be 150 square feet. The maximum size of an ADU that is a conversion of a portion of the existing multi-family dwelling structures that are not used as livable space shall have no a maximum size requirement.

2. Detached ADUs detached from existing multi-family dwelling structures:
a. New Construction Detached ADU. A detached ADU shall have a minimum floor area of 150 square feet, and shall not exceed 850 square feet, except for an ADU that provides more than one bedroom, which shall not exceed 1,000 square feet.

D. Height Limits – Multi-Family. The maximum height of a detached new ADU on a multifamily property shall not exceed the following limits:

1. The height limit for detached ADUs is sixteen (16’) feet if the multifamily dwelling is one story, or eighteen (18’) feet if the multifamily dwelling contains more than one story.

2. For ADUs contained within the portion of existing multi-family dwelling that is not used as livable space, the height will not exceed that of the existing space being converted.

E. Setbacks – Multi-Family.

1. New Construction: Detached ADUs on multifamily properties shall comply with the setback requirements set forth in the zoning district in which the ADU is located including any applicable overlay district in which the subject property is located except as provided in this subsection.

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10 a. An ADU shall comply with the front yard setback requirements of the applicable zoning district, except for when an existing structure is converted and maintains its existing non-conforming setback.
i. Detached ADUs shall not be subject to composite setback requirements prescribed in CMC Section 17.10.040.A.

2. ADUs contained within the portion of existing multi-family dwelling structures that are not used as livable space: No setback shall be required for conversion ADUs provided the structure maintains an adequate setback required for fire safety and access as determined by the Building Official and/or Fire Marshall.

F. Parking – Multi-Family.

1. No parking shall be required for an ADU except for as provided in the Coastal Access Parking Area, described in Section 17.ADU.100.C.6.

2. Except for as required in the Coastal Access Parking Area, if the required parking serving a primary dwelling is demolished for the purpose of establishing an ADU, replacement parking for the primary dwelling(s) shall not be required.
a. This provision shall not apply for demolition and/or reconstruction of existing dwellings.

G. Design Review – Multi-Family. All ADUs shall be subject to the provisions outlined in Section

17.ADU.070, Design Review.

17.ADU.060 Junior Accessory Dwelling Units.

Junior Accessory Dwelling Units. JADUs shall conform with the following:

A. A JADU shall be a minimum of 150 square feet, not exceed 500 square feet in size and shall contain at least an efficiency kitchen, which includes cooking appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the JADU.

B. A JADU shall have a separate exterior entrance from the single-family dwelling.

C. The JADU may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the JADU shall share sanitation facilities with the single-family residence. If sanitation facilities are provided as part of the primary dwelling, the JADU shall maintain interior access to the primary dwelling.

1. If a shared sanitation facility is provided with the primary dwelling, the shared sanitation facility shall:
a. Be in immediate close proximity to JADU;
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11 b. Be accessible from the JADU without entering a separate room within the primary dwelling (accessible via a communal hallway or corridor) and without exiting to the exterior of the dwelling;
c. Be counted as part of the square footage of the unit (only the JADU and sanitation facilitation shall be considered in the floor area calculation; the communal corridor or hallway shall not be considered).

D. Unless the property is owned by a governmental agency, land trust, or housing organization, one of the dwellings on the parcel (either the primary dwelling or JADU) must be the bona fide principal residence of at least one legal owner of the parcel, as evidenced at the time of approval of the JADU by appropriate documents of title and residency.

E. Prior to issuance of a building permit for a JADU, the owner shall record a covenant in a form prescribed by the city, which shall run with the land and provide for the following. A copy of the recorded covenant shall be filed with the Community Planning and Building Department prior to issuance of a building permit. The covenant shall include the following information:

1. A prohibition on the sale of the JADU separate from the sale of the single-family residence;

2. A restriction on the size and attributes of the JADU consistent with this section;

3. A prohibition against renting the property for fewer than 30 consecutive calendar days; and

4. A requirement that either the primary residence or the JADU be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.

F. Parking is not required for JADUs. However, if an existing attached garage is replaced by a JADU, each removed required parking space must be replaced with an off-street parking space that complies with the requirements of the underlying zoning district.

17.ADU.070 Design Review.

The following shall apply to the design and exterior appearance for all ADUs and JAUDs.

A. Type 1 and Type 2 Units:
a. The unit(s) shall comply with all applicable Administrative ADU Design Standards adopted by the Planning Commission. The Planning Commission may develop, and from time to time amend, the Administrative ADU Design Standards provided the standards set forth for ADUs are objective and the criteria can be evaluated without discretion. b. In the absence of adopted Administrative ADU Design Standards, the accessory dwelling shall be constructed with exterior materials that have the same texture and appearance to the primary dwelling, including but not limited to roofing, siding, paint color, windows and doors.

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12 B. Type 3 Units:
a. The unit(s) shall comply with the City’s adopted Residential Design Guidelines and requirements as provided in CMC Section 17.58.040.B, Residential Track 2 Design Study.

17.ADU.080 Accessory Dwelling Units, General.

The following standards and requirements apply to all ADUs and JADUs:

A. Permit Required. No person shall develop, construct, cause to be rented, or occupy an ADU or JADU on any lot within the city unless a building permit and associated approvals are obtained by the Community Planning and Building Department pursuant to the procedures and standards set forth in this chapter.

1. Prior to building permit issuance, the building official shall find that all local building code requirements have been satisfied, except that the construction of an ADU shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

2. Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Section 30000 et seq. of the Public Resources Code) or the City’s certified local coastal plan, and the City shall modify and condition accessory dwelling unit coastal development permits accordingly to ensure consistency with such requirements.

B. Certificate of Occupancy. A certificate of occupancy for an ADU or JADU shall not be issued before the issuance of a certificate of occupancy for the primary dwelling.

C. Site Requirements. The building site is zoned to allow single-family or multifamily dwelling residential use and the lot must contain a proposed or existing single-family dwelling, or existing multifamily dwelling. Notwithstanding any provision of this code to the contrary, an ADU shall be a permitted use in any zone where a single-family or multifamily dwelling is permitted.

1. Prohibited Locations.
a. The establishment of an ADU or JADU shall not be allowed through any permit or license on any building site where sufficient water to support the ADU or JADU is not available for the site.
b. The establishment of an ADU or JADU shall not be permitted on any portion of a building site not considered as part of the “buildable area” of a site, as defined in CMC Section 17.70.020.

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13 c. The establishment of an ADU or JADU shall not be allowed through any permit or license on any building site located within the Very High Fire Hazard Severity Zone (VHFHZ) unless equipped with a fire sprinkler system approved by the Fire Marshall.

D. Fire Sprinklers. Notwithstanding any other provision of the Carmel Municipal Code, installation of fire sprinklers in an ADU of any type shall be required only if they are required for the primary dwelling unit.

The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling except as provided below.

1. Fire sprinklers shall be considered "required for the primary dwelling unit" in any of the following circumstances:
a. When fire sprinklers are currently installed in the primary dwelling unit; b. When fire sprinklers will be installed in a new primary dwelling unit constructed concurrently with an ADU; or
i. For purposes of this subsection (1)(b), the term "constructed concurrently" shall mean construction of a primary dwelling unit that is performed in reliance on a building permit issued within two (2) years of the date of issuance of a building permit for construction of an ADU.
c. When fire sprinklers will be installed in an existing primary dwelling unit as the result of an addition to the primary dwelling unit which addition triggered a requirement for retroactive installation of fire sprinklers in the primary dwelling unit in accordance with SOG 23-01, Determining Fire Sprinkler Retrofit Requirements, and the Carmel Municipal Code, and the permit application also includes the establishment of an ADU; or d. The existing building site is located within the Very High Fire Hazard Severity Zone (VHFHZ) pursuant to CMC Section 17.ADU.080.C.1.c.

2. The floor area of an ADU contained within the existing space of a single-family dwelling or accessory structure or multi-family dwelling shall not be considered an "addition" under any provision of the Carmel Municipal Code related to retroactive installation of fire sprinklers in a structure.

E. Deed Restriction. Prior to issuance of a building permit for an ADU, the owner shall record a covenant in a form prescribed by the city, which shall run with the land. A copy of the recorded covenant shall be filed with the Community Planning and Building Department prior to issuance of a building permit. The covenant shall include the following information:

1. A prohibition on the sale of the ADU separate from the sale of the single-family residence except as authorized in Gov. Code, §65852.26;
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14 2. A restriction on the size and attributes of the ADU consistent with this section; and

3. A prohibition against renting the property for fewer than 30 consecutive calendar days.

F. Drainage. Permit applications for the creation of a new attached or detached ADU shall comply with the requirements of CMC Chapter 15.18, Site Drainage.

G. Utilities. An ADU may have shared or separate utility services (i.e., an electrical and/or gas meter) from the primary dwelling.

H. Rental Term. Rental of any unit created pursuant to this chapter shall be for a term of 30 days or more.

I. No Separate Conveyance. The ADU may be rented separate from the primary residence but may not be sold or otherwise conveyed separate from the primary residence except as authorized in Gov. Code, §65852.26.

J. Story Poles. Story poles shall be installed consistent with the city’s Story Pole Policy (Resolution 2017- 122) for all ADUs that require a Coastal Development Permit where any addition of floor area or building height is proposed.

K. Transient Rental, Housing Incentive. An ADU created pursuant to this chapter shall not constitute construction of a new rental unit as described in CMC Section 17.14.040.W.2, Transient Rental, Housing Incentive.

L. Mills Act. An ADU or JADU proposed on a property subject to a Mills Act Contract must comply with the provisions of the contract, including conformance to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior’s Standard for Rehabilitation, the California Historical Building Code, and the city’s Historic Preservation Ordinance.

M. Access.

1. Exterior access. The ADU and/or JADU shall have exterior access independent of the main unit.

N. Building Separation. No minimum distance is required between structures. An ADU shall be considered attached to the primary dwelling unit or any other building when there is a common wall, common roof, or a horizontal connection at least thirty (30") inches above grade. Horizontal connections, including but not limiting to, retaining walls and/or decking between an ADU and the primary dwelling unit or any other building that are less than thirty (30") inches above grade are not considered a connection.

1. It is recommended a minimum of three (3’) foot wide clear path of travel be maintained between buildings.

O. Passageway. No passageway shall be required in conjunction with the construction of an ADU.

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15 P. Standards for Accessory Structure Conversions.

1. If a legally permitted accessory structure is demolished for the purpose of converting the structure to an ADU with the same dimensions, including but not limited to floor area, height, roof pitch, setbacks, the ADU can be rebuilt on the footprint of the existing accessory structure. A structure that is reconstructed beyond any of the existing dimensions of the existing structure shall not be considered a conversion and be subject to the applicable standards for a new detached ADU, except that a 150 square foot addition for ingress and egress may be allowed.
a. When a legally permitted existing accessory structure is demolished for the purpose of converting the structure to an ADU, a survey, prepared by a California Licensed Surveyor or Engineer, shall be submitted with the building permit application certifying the following prior to demolition of the subject structure:
i. [CRITERIA TBD]

2. Carport Conversion. When a carport is converted, an “imaginary wall plane” will be drawn around the exterior of the existing support posts. That wall plane becomes the exterior walls/footprint for the purposes of the conversion. An ADU cannot be expanded beyond that wall plane.

3. Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time as the ADU.

Q. Subordinate Units

1. A nonconforming subordinate unit may be converted to a permitted ADU or JADU upon submittal of a building permit application demonstrating the unit meets the requirements outlined in this chapter for either an ADU or JADU, as appropriate, including evidence the unit was originally classified as a subordinate unit. All fees assessed by the city shall be waived for the conversion of a subordinate unit to an ADU or JADU provided there are no other building permits proposed as part of the application.
a. The property owner shall remove any covenants or restrictions associated with the subordinate unit as part of the building permit application. If covenants or restrictions are to be removed, said restriction shall be rescinded prior to a certificate of occupancy for the newly established ADU.

R. Non-Conformities.

1. The city shall not deny an application for a permit to create an ADU due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the ADU.

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16 2. A non-conforming detached accessory structure may be re-built or re-constructed in-kind pursuant to Section 17.ADU.070.T.1. Demolished non-conformities may be re-built or reestablished provided the reconstruction is for the benefit of the ADU only, and non-conformities are not expanded.

17.ADU.100 Coastal Resource Protections.

A. Purpose : The purpose of this title is to harmonize the requirements of Government Code Sections 66310-66342, with the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code as provided in Government Code Section 66329.

B. Findings:

1. The entirety of the City of Carmel-by-the-Sea is located within the boundary of the Coastal Zone.

The City’s Local Coastal Program was certified by the California Coastal Commission in October of 2004. In accordance with Government Code Section 66329, the California Coastal Act of 1976 is neither superseded nor in any way altered or lessened except that a public hearing for Coastal Development Permit applications for ADUs shall not be required.

2. A Coastal Development Permit is required for all new development within the Coastal Zone. As defined by the Coastal Act, development refers to both “the placement or erection of any solid material or structure” on land as well as any “change[s] in the density or intensity of use of land[.]” (Pub. Res. Code § 30106.)

3. A Coastal Development Permit (CDP) is the regulatory mechanism by which proposed developments in the coastal zone are brought into compliance with the policies of Chapter 3 of the Coastal Act.
a. The policies applicable to the City of Camel of Chapter 3 of the Coastal Act have been incorporated into the city’s certified Local Coastal Program.

4. The City’s Land Use Plan describes the associated Land Use Chapters of the Local Coastal Program in the following manner:
a. Land Use and Community Character. This Chapter of the General Plan covers topics required in the Land Use Element. This heading also includes policies for topics in sections 30244 and 30250 through 30254 of the Coastal Act. i. This Element integrates land use policies with issues of design, aesthetics and historic preservation as part of the Coastal Land Use Plan for the City. b. Circulation. This Chapter or Element of the General Plan is one of the seven elements required by California Statutes. Several of the policies in this element also implement provisions of the Coastal Act.

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17 i. This element is a required element of the City’s General Plan (Government Code Section 65302(b)). Many of the policies in this Element are also part of the Local Coastal Land Use Plan and are noted as such (LUP).
c. Coastal Access and Recreation. This Chapter includes policies for topics covered in sections 30210 through 30224 of the Coastal Act.
i. This Element includes policies to protect and enhance public access to the coast is mandated by the California Coastal Act.
d. Coastal Resource Management. This Chapter of the General Plan includes policies for topics in sections 30230 through 30243 and 30251 of the Coastal Act. i. This element includes policies for protection of the City’s coastal environmental resources including the character of its forest, beach and bluffs, water quality and Environmentally Sensitive Habitat Areas (ESHAs).

5. As described in the city’s Land Use Plan, “The incorporated limits of the City of Carmel-by-theSea shall be designated a special community and a highly scenic area within the meaning of Coastal Act sections 30251 and 30253 and for the purposes of implementing section 30610 and corresponding regulation section 13250 of the California Code of Regulations. New development shall protect this special community and its unique characteristics” (LUP). a. Coastal Act Section 30251 requires “The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.”
b. Coastal Act Section 30253 requires: “New development shall do all of the following:
i. Minimize risks to life and property in areas of high geologic, flood, and fire hazard.
ii. Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. iii. Be consistent with requirements imposed by an air pollution control district or the State Air Resources Board as to each particular development. iv. Minimize energy consumption and vehicle miles traveled.

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18 v. Where appropriate, protect special communities and neighborhoods that, because of their unique characteristics, are popular visitor destination points for recreational uses.”

6. ADUs are permitted on all building sites that allow for single-family and multi-family dwelling and there is no limitation in the total potential number of housing units created through ADUs based on the Coastal Resource Protections described herein or elsewhere in this ordinance.

C. Applicability: All ADUs and JADUs shall comply with the following requirements for the protection of coastal resources, as applicable:

1. Views. The incorporated limits of the City of Carmel-by-the-Sea is designated a special community and a highly scenic area within the meaning of Coastal Act sections 30251 and 30253. Accordingly, a proposed ADU shall:
a. Be cited and designed to protect views to and along the ocean and scenic coastal areas; b. Minimize the alteration of natural land forms and work with the topography of the site; c. Be visually compatible with the character of surrounding areas including, but not limited to: the type of forest resources present, the character of the street, the response to local topography and the treatment of open space resources such as setbacks and landscaping, and not presenting excess visual mass or bulk to public view or to adjoining properties.

2. Overlay Districts. Except as modified by this chapter, the ADU shall conform to all requirements of any applicable overlay district, including but not limited to established height limits, setbacks, environmental reports, described within CMC Chapter 17.20, except that no public hearing shall be required for Type 1 and Type 2 ADUs and the duties and powers designated to any board or commission shall be designated to the Director, as applicable, in the review of the ADU.

Standard processing procedures outlined in Title 17 shall be followed, as applicable, for Type 3 ADUs.
a. Appealable Coastal Development Permits.

3. Historic Resources. An ADU or JADU proposed on a property with a historic resource shall be subject to the provisions outlined in CMC Chapter 17.32 except that no public hearing shall be required for Type 1 and Type 2 ADUs and the duties and powers designated to any board or commission shall be designated to the Director, as applicable, in the review of the ADU.

Standard processing procedures shall be followed, as applicable for Type 3 ADUs. A Determination of Consistency with the Secretary of the Interior’s Standards shall be required for all major and minor alterations, as appropriate.

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19 4. Trees. No tree, as described in CMC Section 17.48.050.A.1.a or CMC Section 17.48.050.A.1.b, shall be removed or pruned for the purpose of establishing an ADU except in accordance with CMC Section 17.48.050.
a. Significant trees shall only be removed in accordance with CMC Section 17.48.070.B. b. If trees are permitted by the City to be removed to facilitate the construction of an ADU that would otherwise preclude the development of an ADU replacement trees shall be provided on-site pursuant to CMC Section 17.48.080. Alternative locations may be approved by the city forester, as appropriate.
c. All compaction of soils, construction of building walls, or placement of impermeable surfaces shall be setback a minimum of six feet from all trees.

5. Non-Conforming Site Coverage. Within the R-1 Zone District, sites shall comply with the provisions of CMC Section 17.10.030.C.2, as applicable.

6. Coastal Access Parking Area. Project sites located within the Coastal access parking area, as illustrated in Figure 1, below, shall be required to provide one (1) on-site parking space per ADU in addition to any required parking to the primary dwelling. a. Within the R-1 District, parking may be provided as an uncovered tandem space within the front or side yard setback located on the driveway in front of a garage or carport or elsewhere on the property where parking is allowed by the underlying zoning district. i. An 8’6”x16’ parking pad constructed from permeable or semi-permeable materials may be provided ministerially for the ADU and shall be exempted from any floor area and site coverage requirements provided the standards for driveways outlined in CMC Section 12.24.020.A through L are otherwise met. b. Within all districts other than the R-1 District, replacement parking shall follow the standards prescribed in CMC Chapter 17.38, off-street parking requirements. i. Unless expressly specified in the Community Plan, Community Plan Districts shall comply with the provisions of CMC Chapter 17.38.

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20 FIGURE 1. Coastal Access Parking Area [Map forthcoming].

7. Front Setback. Type 2 and Type 3 ADUs shall comply with the front yard setback requirements of the applicable zoning district including the front setback. Within the R-1 zoning district, new Type 3 ADUs may be established within the front yard setback when the findings for locating a garage/carport established in CMC Section 17.10.030.A. 1.a, are made in the affirmative through the appropriate CDP process, as applicable.
a. Type 1 ADUs may be located within a front setback when converted from an existing structure.
b. The requirements of CMC Section 17.ADU.040.C.3.a shall apply.

8. Additional Accessory Structures. Except as provided in CMC Section 17.10.040, Lot Mergers, no more than two accessory structures may be constructed on each building site.

9. Building sites with ADUs shall be prohibited from constructing, maintaining and/or building guesthouses or studios.

17.ADU.110 Application and Review Procedures.

A. Timing

1. The city shall ministerially approve or disapprove a complete building permit application for an ADU or JADU in compliance with the time periods established by State law. If a Coastal Development Permit is required, the Coastal Development Permit may be processed concurrently with the building permit application for the creation of the ADU/JADU, however, no building permit application shall be deemed complete until any required associated Coastal Development Permit has been approved.

B. Standard of Review

1. The following review procedures shall apply to all ADUs and JADUs:

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21 a. Type 1 Units – Ministerial Review.
i. The following types of units are classified as Type 1 units and are eligible for Type 1 review:
a. The conversion of an existing, legally established habitable space to an ADU and/or JADU within an existing primary dwelling, without removal or replacement of major structural components (e.g., roofs, exterior walls, foundations, etc.), and which does not change the intensity of use of the structure.
ii. ADUs that would otherwise qualify as a Type 1 unit that is located in the Coastal Access Parking Area, located on the site of a Historic Resource, or located within the Beach and Riparian Overlay shall be processed as a Type 2 Application. iii. Type 1 Units shall be exempt from all Coastal Development Permit Requirements pursuant to Section 17.52.100 of this Title and shall be considered ministerially.
b. Type 2 Units – Administrative Review.
i. The following types of units are classified as Type 2 units and are eligible for Type 2 review:
a. Attached and detached ADUs which comply with within floor area limits of the site, and/or
b. Type 1 units located in the Coastal Access Parking Area, located on the site of a Historic Resource, or located within the Beach and Riparian Overlay, and/or converted from nonhabitable space.
c. Any unit not specifically classified as a Type 3 unit. ii. All Type 2 units shall require approval of an Administrative Coastal Development Permit prior to building permit issuance.
c. Type 3 – Standard Review.
i. The following types of units are classified as Type 3 units and are subject to Type 3 review:
a. Any ADU which receives a floor bonus/exemption of up to 800 sf above the allowable floor area for the site for the construction of an ADU, ATTACHMENT 7

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22 unless converted from existing floor area on the site, and/or b. Any new attached or detached ADU located in the Beach and Riparian Overlay District west of San Antonio Avenue or west of North Carmelo Avenue.
c. Any new ADU proposed concurrently, and reliant on, a Track 2 Design Study/Review application for a new dwelling, rebuild, or substantial alteration of a primary dwelling.
d. Any ADU for which the applicant requests deviation from adopted standards described within this title.
ii. All Type 3 units shall require approval of a Coastal Development Permit as follows:
a. Standard Review. Type 3 units shall be reviewed consistent with procedures outlined in CMC Section 17.58.040, as appropriate.

2. Ministerial Review. Applications for ADUs and/or JADUs on a lot with an existing or proposed single-family residence or multifamily dwelling units that conform to the requirements of this section shall be considered as ministerial permits without discretionary review or a hearing, and the City shall approve or deny such applications within 60 calendar days after receiving the completed application. If the permit application to create an ADU, and/or JADU, is submitted with a permit application to create a new single-family dwelling on the lot, the city may delay acting on the permit application for the ADU until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the ADU shall still be considered as a ministerial permit without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

3. Coastal Development Permits. ADUs and JADUs that do not qualify as exempt development pursuant to Section 17.52.100 of this Title shall require a Coastal Development Permit in accordance with Section 17.52.090 of this Title. The Planning Commission shall be the appropriate authority to approve or deny coastal development permit applications required by this Chapter. No building permit application shall be deemed complete until a Coastal Development Permit subject to the provisions of this section has been approved and any applicable appeal period has concluded.
a. Note: Most ADUs and JADUs constitute development if they include, for example, new construction of a detached ADU, new construction of an attached ADU, or conversion of an existing, uninhabitable, attached or detached space to a ADU or JADU (such as a garage, storage area, basement, or mechanical room). The construction of new structures constitutes the “placement or erection of solid material,” and the conversion of existing, uninhabitable space would generally constitute a “change in the density or intensity of use.” Therefore, these activities would generally constitute development in ATTACHMENT 7

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23 the coastal zone that requires a CDP.

4. Type 3 Review Request. The applicant may submit an application for a Type 3 review of the ADU that deviates from the standards of this chapter but is otherwise within the discretionary and/or permitting purview of the city.

C. Coastal Development Permits.

1. All ADUs and JADUs classified as Type 1 units shall be exempt from Coastal Development permit requirements.

2. Coastal Commission Appeals Jurisdiction – Beach and Riparian (BR) Overlay. a. Type 2 Applications.
i. For Type 2 Coastal Development Permits that are appealable to the California Coastal Commission, as described is the Carmel Municipal Code, the authority to review an application for a Coastal Development Permit is designated to the Director of Community Planning and Building or the Director's designee, and the procedures provided in CMC Section 17.52.120, Public Hearing Waivers for Appealable Coastal Permits, except as modified below.
a. Type 2 ADU applications shall be considered “minor development”, a “qualifying development”, and/or a “track one (administrative permit)” for the purpose of implementing CMC Section 17.52.120.
b. Prior to approval of the Coastal Development Permit, the Director shall find that the Coastal Development Permit meets the findings identified in CMC Section 17.64.010.B, Coastal Development Permits. The Director shall not approve an application for a Coastal Development permit that is not found to be consistent with CMC Section 17.64.010.B. c. At least 10 days before the City’s decision on the application, the City shall provide notice, by first-class mail to all owners of real property, as identified on the last equalized property tax assessment roll within 300 feet. The notice shall include:
i. The date the application will be acted upon by the City’s review authority;
ii. The City’s general procedure concerning the submission of public comments either in writing or orally before the decision is rendered;
iii. A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held before the decision is rendered;
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24 iv. A statement that the development is within the coastal zone; v. The date of filing of the application and the name of the applicant;
vi. The number assigned to the application;
vii. A description of the development and its location; viii. The procedure for which an appeal may be filed with the California Coastal Commission.
d. The Director’s decision shall be final and any appeals of the decisions of the Director or the Director's designee shall be appealed directly to the California Coastal Commission.
b. Type 3 Applications.
i. For Type 3 Coastal Development Permits that are appealable to the California Coastal Commission, the appeal procedures established CMC Chapter 17.54 shall apply.

3. Non-Appealable Coastal Development Permits.
a. Type 2 Applications
For Type 2 Applications that are not appealable to the California Coastal Commission and a Coastal Development Permit is required, the authority to review an application for a Coastal Development Permit is designated to the Director of Community Planning and Building or the Director's designee , and the noticing procedures provided in CMC Section 17.52.130.A, Public Notice of Nonappealable Development, shall be adhered to in the review of nonappealable CDPs associated with Type 2 applications The decision of the Director, or the Director's designee shall not be appealable and shall constitute the final action of the City.
b. Type 3 Applications.
i. For Type 3 Coastal Development Permits that are not appealable to the California Coastal Commission, the appeal procedures established CMC Chapter

17.54 shall apply.

4. Final City Action on Coastal Development Permits.
a. The procedures outlined in CMC Section 17.52.140 shall apply to all projects requiring a Coastal Development Permit.

D. Denials.

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25 If the city denies an application for an ADU or JADU pursuant to Section 17.ADU.100.B.1, the Director, within the time period described in Section 17.ADU.100.B.1, shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

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ATTACHMENT 8

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Carmel-by-the-Sea City CouncilAugust 4, 2026

Carmel-by-the-Sea City Council
August 4, 2026