MONTEREY COUNTY ZONING

MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.30 –CAP (CZ) DISTRICT

20.30.010 PURPOSE.

The purpose of this Chapter is to provide a district to preserve and enhance the use of the prime, productive and unique farmlands in the County of Monterey while also providing opportunity to establish necessary support facilities for those agricultural uses.

20.30.020 APPLICABILITY.

The regulations of this Chapter shall apply in all "CAP" districts subject to Chapter 20.62 (Height and Setback Exceptions), Section 20.66.030 (Agricultural Uses), and Chapter 20.70 (Coastal Development Permits) of this Title.

20.30.030 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.

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

A. Except for those uses requiring a Coastal Development Permit, all soil dependent agricultural uses, including crop and tree farming, dry land farming, livestock farming, greenhouses and vineyards;

B. Single family dwellings accessory to the agricultural use of the property for an owner, operator or employees employed on-site (not in Carmel);

C. All accessory structures such as barns, stables, storage structures, and farm shops;

D. Guesthouses meeting the development standards of Section 20.64.020;

E. Cultivation, cutting or removal of Christmas trees;

F. Temporary residences, pursuant to Section 20.64.070, used as living quarters during the construction of the first dwelling on a lot;

G. Small family day care homes conducted within an existing structure;

HI.. 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. Service connections do not include livestock watering facilities;

I. Rooming and boarding of not more than 2 persons;

J. Hunting and fishing;

K. Reserved;

L. Stands for the sale of agricultural products grown on the premises having no permanent electricity, plumbing or paving;

M. Home occupations, pursuant to Section 20.64.090;

N. The keeping of pets;

O. Senior citizen units meeting the development standards of Section 20.64.010;

P. Stands for the sale of agricultural products grown on the premises having permanent electricity, plumbing or paving where adequate restroom facilities exist on premises, subject to the approval of the Director of Environmental Health;

Q. Farm employee housing facility for not more than five families or twelve single persons;

R. Reduction in setback requirements for main structures, provided the proposed reduction is 10% or less of the required setback;

S. Reduction in setback requirements for accessory structures, provided the proposed reduction is 80% or less of the proposed setback.

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

A. Conversion of uncultivated land to cultivated agricultural use on land with 15% - 25% slopes ( North County Area Plan only);

B. Public utilities and infrastructure;

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

D. Legal nonconforming use changed to a use of a similar or more restricted nature;

E. Commercial and noncommercial wind energy conversion systems;

F. Conditional Certificates of Compliance;

G. Genetic Engineering Experiments, pursuant to Section 20.64.140;

H. Ridgeline development;

I. Agricultural support facilities (ZA);

J. Large family day care facilities (ZA);

K. Water system facilities including wells and storage tanks serving 15 or more service connections;

L. Reserved;

M. Assemblages of people, such as carnivals, festivals, races and circuses not exceeding 10 days and not involving construction of permanent facilities (ZA);

N. Frog farms (ZA);

O. Commercial hog and turkey raising on a minimum of 10 acres(ZA);

P. Livestock feed yards on a minimum of 20 acres (ZA);

Q. Animal sales yards on a minimum of 10 acres (ZA);

R. Dairies on a minimum of 40 acres (ZA);

S. Heliports or landing strips for aircraft;

T. Animal hospitals (ZA);

U. Poultry farms on a minimum of 5 acres (ZA);

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

W. Farm worker housing facility;

X. Farm employee housing facilities for more than five families or more than twelve single persons;

Y. Non-soil dependent greenhouses and nurseries (ZA);

Z. Reserved;

AA. Other agricultural uses of a similar character, density and intensity to those uses listed in this Section determined by the Planning Commission to be consistent and compatible with the intent of this Chapter and the applicable land use plan.;

BB. Subdivisions;

CC. Lot Line Adjustments.

DD. Wireless communications facilities, pursuant to Section 20.64.310.

20.30.060 SITE DEVELOPMENT STANDARDS.

A. Minimum Building Site

The minimum building site is 40 acres unless otherwise shown on the Sectional District Map (e.g. "CAP/160" would mean a minimum building site of 160 acres).

B. Structure Height and Setback Regulations:

The following structure height and setback regulations apply unless superseded by a structure height limit noted on the zoning map (e.g. "CAP/40 (24)" would mean a structure height limit of 24 feet), setback requirements when combined with a "B" district, setbacks shown on a recorded final or parcel maps, or setback lines on a Sectional District Map.

1. Main Structures

a. Minimum Setbacks

Front: 30 feet

Side: 20 feet

Rear: 20 feet

Maximum Height: 35 feet

2. Accessory Structures (Habitable)

a. Minimum Setbacks

Front: 50 feet

Side: 6 feet

Rear: 6 feet

Maximum Height: 35 feet

3. Accessory Structures (Non-habitable)

a. Minimum Setbacks

Front: 50 feet

Side: 6 feet

Rear: 6 feet

Maximum Height: 35 feet

4. Wells, pumps, pump houses and associated facilities

a. Minimum Setbacks

Front: 5 feet

Side: 5 feet

Rear: 5 feet

Maximum Height: 35 feet

b. Agricultural windmills and wind machines for crop protection are exempt from the height provisions of this Chapter.

C. Minimum Distance Between Structures

Main Structures: 10 feet

Accessory/Main Structure: 6 feet

Accessory/Accessory: 6 feet

D. Building Site Coverage, Maximum: 3%.

E. Parking Regulations

All parking shall be established pursuant to Chapter 20.58.

F. Landscaping Requirements

None, except as required as a condition of approval of a Coastal Administrative Permit or Coastal Development Permit.

G. Lighting Plan Requirements

None, except as required as a condition of approval of a Coastal Administrative Permit or Coastal Development Permit.

H. Sign Regulations

Signing for all development shall be established pursuant to Chapter 20.60

I. Building Site Area

The minimum building site area shall be forty acres.

J. Development Density, Maximum

Two single family dwellings or equivalent per parcel of 40 or more acres pursuant to Section 20.144.080.D.11 of this Title.

20.30.070 SPECIAL REGULATIONS.

A. Special Treatment Areas

In areas designated as "special treatment" to permit on-site soil dependent agricultural operations such as greenhouses, the minimum parcel size shall be 10 acres. Subdivision of land in this area shall be approved only under the following conditions:

1. That the residential development rights on lots formed through subdivision approval be dedicated by means of an agricultural conservation easement to the County or a qualified organization such as that specified in Section 501 (c) (3) of the Internal Revenue Code;

2. That a drainage management plan to mitigate run- off to adjoining farmlands has been prepared for the entire special treatment area;

3. That appurtenant structures such as processing, packaging supply and boiler sheds will have concrete foundations no thicker than 4 inches and will be no larger than 4,000 square feet;

4. That the allowance of 1 mobilehome will be only for a caretaker or security personnel and not for other residential purposes;

5. That no uses other than agriculture will be allowed on subdivided lots.

B. 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.

C. Subdivision

a. Lands within the CAP (CZ) district may not be subdivided unless sufficient evidence is available to demonstrate that:

i. the subdivision will not reduce the agricultural viability of the existing parcel or parcels to be created; and

ii. the subdivision will not be detrimental to the agricultural viability of adjoining parcels.

b. All divisions of agricultural lands within the CAP (CZ) district shall be conditioned to ensure continued long term agricultural use be requiring agricultural easements, agricultural preserve contracts or other suitable instruments.

D. Development Siting

Development in the CAP (CZ) district shall be sited in a manner to reduce loss of productive agricultural land, provide efficient farming practice and patterns, reduce impacts on adjoining agricultural operations, and preserve existing environmental resources.