MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.20 – MLC (CZ) DISTRICT

20.20.010            PURPOSE.

The purpose of this Chapter is to provide a district to maintain a range of commercial and residential uses on Moss Landing Road, such that the uses are suitable for the convenience and service of residents and visitors while also maintaining the unique historical and architectural character of Moss Landing Road.

20.20.020            APPLICABILITY.

The regulations of this Chapter shall apply in all "MLC" zoning districts, subject to the provisions of Chapter 20.62 (Height and Setback Exceptions) and Chapter 20.70 (Coastal Development Permits) of this Title.

20.20.030            GENERAL DEVELOPMENT PLANS.

A.        A General Development Plan shall be required prior to the establishment of any development in the Moss Landing Commercial district if  there is no prior approved General Development Plan and if:

            1)         The lot is in excess of 1 acre; or,

            2)         The development proposed includes more than one use; or

            3)         The development includes any form of subdivision (Title 19, Subdivision Ordinance).

B.         No new development, change or expansion of use, or physical improvements may be approved unless such development, use or expansion is found to be in conformance with an approved General Development Plan and amendments thereto where such plan is required.

C.        General Development Plans and amendments thereto shall be approved by the Planning Commission.

D.        The General Development Plan shall be prepared by the developer and submitted for review and approval prior to or concurrent with approval of any required permits for the development.  The plans shall address the long range development and operation of the facilities including physical expansion and new development, operational changes, circulation or transportation improvements, alternative development opportunities, environmental considerations, potential mitigation of adverse environmental impacts and conformance to the policies of the local area plan.

E.         The requirement of a General Development Plan or an amendment to a General Development Plan may be waived by the Director of Planning and Building Inspection when due to the circumstances of the particular situation there is no potential significant adverse impact from the development and requiring the General Development Plan will not further the purpose of this Chapter.

20.20.040             NONEXEMPT DEVELOPMENT.

The following list shall require a coastal development permit regardless of which category of allowed uses it falls into:

A.            Development which will cause a Significant Environmental Impact;

B.            Development within the Critical Viewshed as defined by Section 20.145.020.V (Big Sur);

C.            Development on slopes of 30% or greater (25% in North County) except as provided for in Section 20.64.230 (C) (2) and (3);

D.            Ridgeline Development;

E.            Development within 100 feet of mapped or field identified environmentally  sensitive habitats;

F.            Development with positive archaeological reports;

G.        Land divisions;

H.            Development of new or expanded agricultural operations if 50% or more of the parcel has a slope of 10% or greater; or where the operation is to occur on soils with a high or very high erosion hazard potential, according to the Soil Conservation Service Soil Survey Manual.

20.20.050        PRINCIPAL USES ALLOWED, COASTAL ADMINISTRATIVE PERMIT REQUIRED IN EACH CASE. (Chapter 20.76) UNLESS EXEMPT (Section 20.70.120)

A.        Change of commercial uses within a structure provided the new use will not change the nature or intensity of the use of the structure;

B.         Water system facilities including wells and storage tanks serving 14 or fewer service connections, pursuant to Title 15.04, Monterey County Code and replacement of water tanks and wells where no increase in service connections is created. The screening of any tanks and associated structures shall be approved by the Director of Planning and Building Inspection;

C.        Offices less than 5,000 square feet of floor area;

D.        Retail stores and shops of a light commercial character and conducted within a building;

E.         Shops for tradesmen such as plumbers, electricians, furniture makers and repairmen,  appliance repairmen, and similar uses provided that in all cases all equipment and materials, except vehicles, are maintained within a structure;

F.         General Stores;

G.            Caretaker units for the purpose of providing on-site security;

H.        Mini-warehouse storage facilities of less than 5,000 square feet of floor area;

I.            Reduction in setback requirements provided the proposed reduction is 10% percent or less of the required setbacks;

J.            Accessory structures and accessory uses appurtenant to any permitted use provided there is no intensification of the permitted use;

K.        Drug stores;

L.         Dress shops;

M.        Book stores;

N.        Banks;

O.        Used and secondhand goods shops;

P.            Chandleries;

Q.        Antique shops;

R.         Shops of a light commercial character and conducted within a structure;

S.         Day care centers for use of on-site employees and employees of developments on the same lot or subdivision;

T.        Additions to existing, approved wireless communications facilities, pursuant to Section 20.64.310;

20.20.060        CONDITIONAL USES ALLOWED, COASTAL DEVELOPMENT PERMIT REQUIRED IN EACH CASE.  (Chapter 20.70) UNLESS EXEMPT (Section 20.70.120)

A.        Office complexes greater than 5,000 square feet of floor area (ZA);

B.         Service stations (ZA);

C.        Marine and fishing related wholesale sales (ZA);

D.            Restaurants (ZA);

E.            Second-story dwellings at a density not to exceed 4 units per acre, located over a first floor commercial use (ZA);

F.            Laundries (ZA);

G.        Cottage industries, pursuant to Section 20.64.095 (ZA);

H.             Conditional Certificates of Compliance;

I.          Bed and  Breakfast facilities pursuant to Section 20.64.100 (ZA);

J.          Legal nonconforming use of a portion of a structure extended throughout the structure (ZA);

K.        Legal nonconforming use changed to a use of a similar or more restricted nature (ZA);

L.         Zoos or zoological gardens for the purpose of raising, maintaining, keeping or exhibiting any wild animal;

M.        Public and quasi-public uses including churches, parks, playgrounds, schools, public safety facilities, public utility facilities, jails, rehabilitation centers and detention facilities;

N.        Any lots or establishments where alcoholic beverages are served, commercial places of amusement or recreation, or any places where live entertainment is provided within 200 feet of the boundary of a residential district (ZA);

O.            Ridgeline development;

P.            Reserved;

Q.            Research laboratories, provided such use does not produce undue odor, noise, smoke, or other objectionable effects;

R.         Day care centers (ZA);

S.            Reserved;

T.         Other commercial uses of a similar character, density and intensity as those listed in this Section which do not adversely impact the neighborhood or the neighborhood historical and architectural character and determined by the Planning Commission to be consistent and compatible with the intent of this Chapter and the applicable land use plan.

U.        Lot Line Adjustments.

V.        Wireless communications facilities, pursuant to Section 20.64.310;

20.20.070            SITE DEVELOPMENT STANDARDS

A.            Structure Height and Setback Regulations

1.         The maximum height shall be 24 feet above the center line of Moss Landing Road.

2.         An addition to height, up to a maximum of 30 feet above natural grade, may be allowed provided that the gross square footage of the second story does not exceed 40% of the structure's footprint.  The addition to height shall require a variance considered as part of the overall Coastal Development Permit.

3.         Any additional structural height required for flood control purposes shall be included within, and not considered an addition to, the maximum building height and any addition to height allowed by variance.

4.         Setbacks for developments in the "MLC" district are established by the approval of the General Development Plan where such plan is required.

5.         Setbacks for development where a General Development Plan is not required shall be established by the Appropriate Authority through the project review process based on:

a)            surrounding land use;

b)            provision of adequate parking and landscaping;

c)           other site design features.

6.         All minimum setback requirements established by a combining "B" district, setbacks shown on a recorded final map or parcel map, or setback lines shown on a Sectional District map, shall apply.

7.         In any case involving properties adjacent to or including wetlands, setbacks for development shall comply with the provisions of Section 20.144.040.C.2.d.

B.         Building Site Coverage, Maximum:  50%, excluding  parking and landscaping.

C.        Parking Regulations:  All parking shall be established pursuant to Chapter 20.58.

D.            Landscaping Requirements

All developments allowed shall have landscaping covering a minimum of 10% of the site area subject to a plan approved by the Director of Planning and Building Inspection.  The landscaping shall be in place prior to the commencement of use.

E.         Lighting Plan Requirements

All exterior lighting shall be unobtrusive, harmonious with the local area and constructed or located so that only the area intended is illuminated and off-site glare is fully controlled.  The location, type and wattage of the exterior lighting must be approved by the Director of Planning and Building Inspection prior to the issuance of building permits or the establishment of the use.

F.         Sign Regulations

Signing for all development shall be established pursuant to Chapter 20.60.

G.            Minimum Lot Size

The minimum size of a lot created through a subdivision shall be 10,000 square feet.

H.        Design

1.         Building and structural design shall conform to the early American style, reflecting the early port and commercial fishing and Western character of Moss Landing Road.  Appropriate design features include:

a)           small scale structures;

b)           low vertical height;

c)           wide covered porches extending the length of the building's frontage;

d)            wooden posts framing the front covered porch;

e)           false front on the second story of the building;

f)           wood frames around doors and windows;

g)           multi-paned windows; and,

h)           double-entry front doors.

2.            Buildings shall be of a one-story or two-story design.

3.            Exterior wall material shall be composed of wood siding.

4.         Exterior walls and trim shall either be natural wood, wood stain, or painted a natural-tone color.

5.            Exterior doors shall be of a wood panel or wood frame construction.

6.         Utility lines shall be placed underground.  As an exception, the underground utility requirement may be waived by the decision-making body hearing the coastal development permit only if it has been verified in writing by the utility-provider that underground utilities cannot be provided to the development.

20.20.080             SPECIAL REGULATIONS.

A.            Manufactured Dwelling Units

Manufactured dwelling units meeting the standards of Section 20.64.040 are permitted subject to the requirements of any conventional dwelling unit in this Chapter.

B.         Vehicle Trip Reduction

The following types of development are subject to Section 20.64.250 (Regulations for the Reduction of Vehicle Trips) of this Title:

a)         Any new or expanded commercial, industrial or tourist oriented development which will employ 50 or more persons; or

b)         Any new or expanded commercial, industrial or tourist oriented development of 25,000 gross square feet or more.