Sec. 38-32. CR Cannery Row Commercial District.
A. Description.The CR Cannery Row District is intended to provide for the development of the area known as the Cannery Row into a distinct visitor-commercial area, including a broad range of specialty and general commercial, service, recreational and public and semipublic uses, consistent with the General Plan and the Cannery Row Plan.
B. Land Use Regulations.In the following schedule, the letter “P” designates use classifications permitted in the CR district, and the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” column includes certain limitations and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.
1. Use Permit for Outdoor Activities.All uses shall be conducted within a completely enclosed building. A Use Permit is required for all outdoor activities, except for service stations, electric substations, off-street parking and loading facilities, nurseries, and sidewalk cafes.
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Additional Regulations |
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Residential |
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Mixed Use |
U |
See Sec. 38-33(G), Mixed Use Projects |
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Multifamily Residential |
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Four or more units |
U |
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Three or fewer units |
P |
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Condominiums |
U |
See Sec. 38-26(M), Condominiums |
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Supportive Housing -- four or more units |
U |
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Transitional Housing -- four or more units |
U |
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Supportive Housing -- three or fewer units |
P |
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Transitional Housing -- three or fewer units |
P |
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Accessory Dwelling Units |
P |
See Section 38-112.6 |
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Commercial Uses |
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Aquaculture and Marine Research |
U |
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Artists’ Studios |
P |
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Commercial Filming |
U |
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Commercial Recreation and Entertainment |
P |
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Limited |
P |
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Nighttime Entertainment |
P |
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Drive-thru service/window |
U |
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Eating and Drinking Establishments |
Sec. 38-33(C), (D), (E) (Ord 3305, 5/2002) |
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Restaurant - Full Service |
P |
Sec. 38-33(C), (D), (E) |
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Restaurant - Fast Food |
U |
Sec. 38-33(C), (D), (E) |
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Restaurant - Formula Fast Food |
U |
Sec. 38-33(C), (D), (E) |
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Bar |
U |
Sec. 38-33(C), (E), (K) |
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Live Entertainment/Dancing |
U |
Sec. 38-33(E) Prohibited adjacent to residential zones |
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Kiln, large |
U |
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Laboratories |
P |
Only in pre-existing structures |
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Massage Establishments |
U |
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Offices, Business and Professional |
P |
Only above street level |
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Personal Improvement Services |
U |
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Personal Services |
P |
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Research and Development Services |
U |
Only in pre-existing structures |
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Retail Sales |
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Pharmacies and Medical Supplies |
U |
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Visitor-Oriented |
P |
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Travel Services |
P |
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Warehousing and Storage, Ltd. |
U |
Only in pre-existing structures |
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Walk-up Service/Window |
U |
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Industrial |
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Industry, Custom |
U |
Only in pre-existing structures |
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Industry, Ltd. |
U |
Only in pre-existing structures |
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Wholesaling, Distribution and Storage |
U |
Only in pre-existing structures |
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Public and Semipublic |
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Cultural Institutions |
U |
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Day Care -- General |
U |
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Government Offices |
P |
Only above street level |
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Park and Recreation Facilities |
P |
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Public Safety Facilities |
U |
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PWS Facilities |
U |
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Utilities -- Major |
U |
See Article 19 |
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Utilities -- Minor |
P |
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Accessory Uses: Permitted on the site of a permitted use, but requires a use permit if added on the site of a conditional use. |
See Sec. 38-33(C) |
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Temporary Uses |
Require administrative approval by the Community Development Director |
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Nonconforming Uses |
U |
See Article 28 |
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P = Permitted U = Use Permit Required |
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(Ord. 3653 § 19, 2022; Ord. 3641 § 15, 2021; Ord. 3554 § 11, 2016; Ord. 3544 § 9, 2016; Ord. 3472 § 1, 2012; Ord. 3443 § 6, 2010; Ord. 3436 § 2, 2009)
C. Minimum Lot Dimensions and Property Development Standards.The following schedule prescribes minimum lot dimensions and property development regulations for the CR district.
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Minimum Lot Area (sq.ft.) |
5,000 |
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Minimum Lot Width (ft.) |
50 |
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Minimum Public Access (ft/sq. ft.) |
(j) (k) |
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Minimum Vertical Clearance of Existing Structures Or Slabs Over Water (ft.) |
13 (m) |
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Minimum Yards: |
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Front (ft.) |
- |
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Side |
(a),(b),(c) (f) (g) |
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Corner Side (ft.) |
10 |
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Rear (ft.) |
- |
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Maximum Extension of Existing Structures or Slabs Over the Water |
(l) |
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Maximum Height of Structures (stories/ft.) |
(e) (h) (i) |
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Four stories and 45 ft. (b) |
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Maximum Lot Coverage (%) |
- |
(d) |
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Maximum FAR |
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- Waterfront side of Cannery Row |
2 |
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- Opposite or non waterfront side of Cannery Row |
3 |
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Minimum Site Landscaping (%) |
10 |
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Parking and Loading |
See Article 17 |
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Nonconforming Structures |
See Article 28 |
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aOpen decks may project into a required side yard up to 50 percent of the yard width, but not more than four feet, consistent with Section 38-105.
bFor multifamily residential, 15 feet plus three feet for each story over three.
cMultifamily residential development shall comply with the R-3 District standards.
dThe Planning Commission may exempt from coverage requirements: (1) certain structures when open on all sides, such as covered walks, if accessory to major buildings, and (2) underground parking structures upon finding that they are consistent with the purpose and intent of the CR District.
eSee Section 38-32 D.1.
fSee Section 38-32 D.1.
gSide yards shall generally be as shown by View Sightlines on Figure 18 View Sightlines for Shoreline Development in the Cannery Row Local Coastal Program Land Use Plan. Larger scale maps are available in the City of Monterey Planning Division. The maps more precisely show the view sightline locations that are to serve as guidelines in determining view sightlines and building outlines within each property when specific development projects are reviewed.
hMaximum building heights shall be as specified by Development Policies f. and g. and shown on Figure 28 Development Policies in the Cannery Row Local Coastal Program Land Use Plan.
iWithin 20 feet of an adjacent structure that has been designated historic by the City of Monterey, new development shall not rise more than one (1) story or fifteen (15) feet above the height of the adjacent historic structure.
jSee Section 38-32 D.1.
kThe Cannery Row Local Coastal Program Land Use Plan Public Access section has specific policy language regarding minimum public access.
lShoreline development is not to extend seaward so as to require new seawalls or alteration of the natural shoreline with the exception of parcels where structures or slabs existed over the water on November 3, 1981. Existing structures and slabs beyond the mean high tide that existed horizontally as part of any new development and are not to encroach further on the natural shoreline beneath the structures or slabs. (See Section 38-11 of this Ordinance for definition of “Structures or Slabs Over the Water, Existing”.)
mNo existing structure or slab shall be extended vertically so as to be any lower than 13 vertical feet above the mean high tide line with the exception of aquaculture and marine research uses dependent on coastal marine resources (See Section 38-11 of this Ordinance for definition of “Structures or Slabs Over the Water, Existing). Ord 3267 §1, 1999
Supplemental site regulations applicable to all C districts are included in Section 38-33. These establish requirements for:
- Accessory structures;
- Fences and retaining walls;
- Outdoor facilities;
- Eating and drinking establishments with take out service;
- Live entertainment, game centers, amusement centers, bowling alleys and dance halls;
- Mixed use projects;
- Service stations and automobile washing;
- Adult entertainment; and
- Landscaping at scenic entrances.
Supplemental regulations applicable to all zoning districts in the city are contained in Article 17, and off-street parking requirements are found in Article 18.
1. Planting Areas.Visible setback areas not used for drives, walks or parking, shall be planting area. See Section 38-33(J) for landscaping at scenic entrances.
2. Fences and Walls.The maximum height of a fence or wall shall be eight feet, except in a required front or corner side yard abutting a street where the maximum height shall be four feet.
a. Adjoining an R District or Existing Residential Use.A six-foot-high solid wall (three feet high within 15 feet of a street property line) shall adjoin the property line of an existing ground floor residential use or an R district.
3. Location of Parking.No parking shall be allowed in a front or corner side setback area.
D. Review of Plans.Development Review Committee and Architectural Review Committee approval is required for all new construction, alterations and additions, and changes in use.
1.The Planning Commission shall review new uses and proposed development requiring Use Permits for consistency with the Cannery Row Local Coastal Program Land Use Plan and the applicable regulations of this ordinance. In approving any Use Permit, the Planning Commission may modify any property development standard of this Article to permit a project that is of outstanding design and carries out the purpose and intent of the Cannery Row Local Coastal Program Land Use Plan. Projects to be considered for outstanding design should be reviewed within the context of the findings and policies of the Development section in the Cannery Row Local Coastal Program Land Use Plan.
2.The Planning Commission may exempt from coverage requirements certain structures when open on all sides, such as covered walks, if accessory to major buildings.
3.To encourage underground parking, the Planning Commission may exempt from ground coverage requirements underground parking structures upon finding that such structures aid in accomplishing the Cannery Row Plan. (Ord. 3424 § 1, 2009)