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A. Accessory Structures.

1. Timing. Nonresidential accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins. Construction trailers may remain on the site only for the duration of construction.

2. Location. Except as provided in this subsection, nonresidential accessory structures shall not occupy a required front or corner side yard or court, or project beyond the front building line of the principal structure on a site. No accessory uses shall be permitted off site.

3. Maximum Height. The maximum height of a nonresidential accessory structure shall be 12 feet, subject to the provisions of this subsection, provided that pitched roofs shall not exceed a height of 16 feet.

4. Relation to Property Lines. A nonresidential accessory structure in a required rear yard shall be located on a property line or shall be not less than three feet from a property line. A structure on a property line shall not exceed six feet in height at the property line and shall not intercept an inclined daylight plane sloping inward from a point six feet above the property line and rising one foot for each foot of distance for the property line.

5. Garages on an Alley. Garages facing an alley shall be set back 25 feet from the alley centerline; garages siding on an alley shall be set back 15 feet from the alley centerline.

B. Fences and Retaining Walls. The combined height of a retaining wall and a separate fence on a property line shall not exceed eight feet unless the fence is set back from the retaining wall a minimum of half the distance of the required setback but no more than five feet. In no case may a fence exceed six feet in height. If the fence is on one property and the retaining wall on the abutting property, the maximum fence height is six feet regardless of the retaining wall height.

C. Outdoor Facilities.

1. Where Permitted. Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick up, shall be allowed only with a use permit. Sidewalk cafes and outdoor food service accessory to an Eating and Drinking Establishment shall be permitted in the C 1, C 2, and CR districts. No outdoor preparation of food or beverages shall be permitted.

2. Permit Conditions: Grounds for Denial. A use permit for outdoor storage, display, or food service may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic areas as identified in the General Plan and any applicable area plans. If such impacts cannot be prevented, the Planning Commission shall deny the use permit application.

3. Exceptions. Notwithstanding the provisions of subsections (1) and (2) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted:

a.Nurseries, provided outdoor storage and display is limited to plants only.

b.Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles or equipment offered for sale or rent only. All vehicles and equipment shall be confined to private property of the site.

c.Temporary uses as reviewed and approved by the Public Works Director. (Ord. 3472 § 1, 2012; Ord. 3326, 2003)

4. Screening. Except for the use classifications excepted by subsection (3) above, outdoor storage and display areas including merchandise, materials or equipment for sale or customer pickup, shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. In other districts, screening shall be provided as prescribed by the use permit.

a. Coin-Operated Vending Machines. Each machine located within 300 feet of an R district, except for machines located on the site of a service station, shall be screened from view from public rights-of-way.

5. Appeals. Decisions of the Planning Commission may be appealed in accordance with Article 27.

D. Fast Food and Formula Fast Food Restaurants.

1. Minimum Separation. Fast Food and Formula Fast Food Restaurants on separated freestanding sites that are outside of the SC zone shall not be closer than 500 feet to the site boundaries of a public or private school, or park or recreation facility except for the Recreation Trail.

2. Litter Control. A use permit may require the operator to retain a contract litter cleanup service if the Public Works Director determines that a litter problem exists. (Ord. 3472 § 1, 2012)

3. Design Review. Fast Food and Formula Fast Food Restaurants shall be compatible with the surrounding commercial neighborhood, including implementation of any area plan design standards. ARC review shall evaluate, but is not limited to, consistency with the surrounding commercial neighborhood, exterior appearance, interior appearance as seen from public street or sidewalks, interior lighting and signage seen from public streets or sidewalks, exterior lighting, signage, and any other visual elements which would be seen from public areas. Standardized visual elements of a Formula Fast Food Restaurant, including but not limited to architecture, interior design elements and product menus seen from the street, signage, and window promotion signage, shall be eliminated or minimized

4. Use Permit Review. Use permit review for Fast Food and Formula Fast Food Restaurants shall consider but is not limited to traffic, parking, noise, litter, odors per Section 38-111, hours of operation, peak hour impacts, and visual impacts. A change from a Fast Food to a Formula Fast Food shall be considered as a new use requiring a use permit to evaluate the increased intensity of use.

5. Change in Ownership or Name. Any change of business ownership or restaurant name shall be reviewed by Department of Plans and Public Works staff to determine if there is an increased intensity of use. A new use permit shall be required if the change in ownership or name will reasonably result in an increase in intensity of use. Increased intensity of use may include, but not be limited to, any increase in number of seats, any increase in the area devoted to food processing, any expansion of kitchen facilities or equipment, or any increase in square footage of the establishment.

E. Live Entertainment/ Dancing. (Ord 3305, 5/2002)

1.A use permit shall be required for live entertainment/dancing.

2.The following conditions may be imposed on any use offering scheduled live entertainment/dancing, as defined, more than three times per calendar year:

a.Exits not limited to emergency use only shall not be opposite an R district adjoining the site.

b.The site shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City of Monterey.

c.A noise analysis specifying areas affected and sound proofing or other mitigation that will be employed to eliminate excessive noise exposure on adjacent property shall be submitted to the Public Works Director with a use permit application. (Ord. 3472 § 1, 2012)

d.The noise from live entertainment/dancing shall not interfere with the peaceful enjoyment of neighboring property owners.

e.The use permit may be reopened for additional review if the Public Works Director determines that the live entertainment/dancing is creating a disturbance or interfering with peaceful enjoyment based on a documented pattern of disturbance as evidenced by citizen complaints, inappropriate noise levels, Police reports, Fire Department reports, Code enforcement reports and violations of the City Code, Penal Code or other State Statutes. (Ord. 3472 § 1, 2012)

f.The applicant will be required to implement any security measures identified by the City’s Police Department.

g.The building occupancy shall be specified in the use permit.

F. Game Centers. The following supplemental regulations shall apply to the operation of game centers.

1. Purpose. The intent of these regulations is to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours.

2. Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public.

3. Hours of Operation for Minors Under 18 Years of Age. No game center owners, manager, or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine after 9 p.m. on nights preceding school days, or after 10 p.m. on any night.

4.A game center shall not be permitted within 300 feet of a public or private pre and K-12 school site or the boundary of an R district. The distance shall be measured in a straight line from the main public entrance to the game center to the property line of the school site or district boundary. A Use Permit shall be required for all game center in all “C” zones with the exception of the “C-R” Cannery Row Zone.

5. Restrictions. Zoning Administrator or Planning Commission may impose reasonable restrictions on the physical design, location, and operation of a game center in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety, and welfare of the surrounding community.

G. Mixed-use Projects.

1. Purpose. A mixed-use project is a mix of residential uses and commercial uses in a commercial zone. It is the intent of this subsection to encourage the mix of retail, office and residential uses. This subsection applies to all mixed-use projects. If inconsistencies exist between this subsection and those of the underlying zone, the provisions of this subsection shall apply.

Mixed-use projects shall be permitted with a Use Permit in all C districts.

2. Principally Permitted Uses, Conditional Uses, and accessory uses. After approval of the original use permit to establish a mixed use, offices and retail uses shall be allowed subject to requirements of the underlying zone, except that a use permit shall be required for the following uses if permitted in the underlying zone:

a.Contractor’s establishment (building, heating, cabinet, painting, plumbing, electrical, and the like) when operated in conjunction with a retail store or office and conducted wholly within a building.

b.Liquor stores, including package stores.

c.Businesses with employees present before 6:00 a.m. and/or after 10:00 p.m.

d.Commercial recreation and entertainment facilities.

e.Dry cleaning processing operation.

f.Printing and publishing or lithographic shop.

g.Restaurants with live entertainment and/or dancing.

h.Condominiums, per Section 38-26(M).

3. Uses Not Allowed in a Mixed Use Development. The following uses are not allowed in a mixed use development, even if listed as permitted or conditional uses in the underlying zone.

a.Adult businesses.

b.Bars with live entertainment and/or dancing.

c.Convenience markets with gas pumps.

d.Vehicle/equipment repair, service stations, vehicle washing, and vehicle storage.

4. Property Development Standards. Mixed use development shall meet the property development standards of the underlying zone, with the following qualifications and exceptions:

a. Street Frontage Uses. Commercial and office uses shall be the predominant street frontage use in a mixed-use project.

b. Design Intent. Mixed use developments should be compatible with the existing design elements of the surrounding area. The development should not look like an apartment building, if the predominant design is commercial. Density may exceed 30 units per acre if the Planning Commission determines that additional units will make the mixed use building size and height compatible with adjoining buildings.



e. Noise. An acoustic analysis and noise mitigation program to reduce noise transmission between commercial and residential uses shall be submitted with a use permit application for a use which typically generates high noise levels in a mixed use building.

An acoustic analysis and noise mitigation program for residential units shall be submitted with the use permit application for a mixed use project in an area with noise generators such as traffic, evening activity, music, etc. in the immediate area. Noise mitigation measures may include insulation of walls and windows, placement of sleeping quarters in interior locations, and placement of closets and utility areas between the outside noise sources and living or sleeping areas.

f. Other Required Conditions. Each residential unit shall be provided a separate storage area consisting of at least 100 cubic feet and having a minimum horizontal surface of 25 square feet. In addition, for projects with more than four units, there shall be at least one washer and one dryer for each five units. (Ord. 3436 § 2, 2009)

H. Service Stations and Automobile Washing. The following supplementary development regulations shall apply to the service stations and automobile washing facilities.

1. Site Layout. Conditions of Approval of a Use Permit may require buffering, screening, planting areas, or hours of operation necessary to avoid adverse impacts on properties in the surrounding area.

2. Planting Areas. Perimeter planting areas shall be as required for parking lots by Article 17, except where a building adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas.

I. Adult Businesses.

1. Purpose. In adopting these provisions, the City Council recognizes that certain types of adult businesses possess certain objectionable operational characteristics which, if such uses are allowed to concentrate, will have adverse effects upon the character of such areas and adjacent neighborhoods. The City Council further recognizes that locating adult businesses in close proximity to establishments frequented by minors will cause the exposure of minors to adult material that may adversely affect such minors due to their immaturity. Additionally, the City Council recognizes that, while certain adult entertainment enjoys limited protection under the First Amendment to the United States Constitution, substantial numbers of citizens of the city are offended by the public display of sexually-oriented material.

Special and limited regulation of adult businesses, consistent with the First Amendment rights of such uses, is therefore unnecessary. This will ensure that the adverse effects of adult businesses will not contribute to the blighting or downgrading of C districts in which they are permitted and the downgrading of surrounding neighborhoods; will not adversely affect minors; and will not offend those citizens of the city who do not wish to be exposed to sexually-oriented material.

2. Location of Adult Businesses. No adult businesses, including adult bookstores and adult movie theaters, shall be located:

a.within 1,000 feet of any R district;

b.within 1,000 feet of the boundaries of a parcel of a real property site occupied by a public or private school, a religious assembly facility that conducts religious education classes for minors, or a park and recreation facility; or

c.within 1,000 feet of any other adult business.

3. Public Display of Certain Matter Prohibited. No adult business shall display or exhibit any material depicting specified anatomical areas or specified sexual activities in such a way as to be visible by persons outside the building in which the adult business is located.

4. Compilation of Existing Adult Entertainment Uses. The following is a list of the existing adult businesses. It is the intent of this section to recognize such uses and to allow them to continue, even if nonconforming under this section, unless the use is discontinued for a period of 90 consecutive days or more, at which time the use may only be reinstated if it meets all requirements of this section.

a. Adult Bookstores. Nuart Theater Co. -- 2116 North Fremont Street

b. Adult Theaters. Nuart Theatre -- 2116 North Fremont Street (Ord. 3438 § 3, 2009)

J. Landscaping at Scenic Entrances. Within ten feet of a street property line adjacent to scenic entrances designated on the Zoning Map, all land not required for drives and walks shall be planting area. These scenic entrances include:

1.Munras Avenue: Highway One to El Dorado Street

2.North Fremont Street: City limits to Highway 68

3.Fremont Street: Highway One to Camino El Estero

4.Del Monte Avenue: Highway One to Washington Street

K. Bars. (Ord 3305; 5/2002)

1.A use permit shall be required for any Bar.

2.The following issues shall be reviewed to determine the appropriateness of the proposed location as part of the use permit, and, if appropriate, conditions shall be imposed:

a.The number of alcohol related calls for service, crimes, or arrests in the area is at an acceptable level, and

b.The proximity of the alcohol serving establishments to sensitive uses such as residential districts, day care centers, parks and recreation facilities, schools or other facilities that house children is acceptable.

3.The following operational issues shall be considered as part of the use permit and, if appropriate, conditions shall be imposed:

a. Hours of Operation. The City may limit the hours of operation,

b. Security. The City may require the bar to provide adequate security personnel and/or security devices,

c. Preventative Design. The site and floor plans of establishments shall be reviewed for opportunities to reduce alcohol - related problems. Design features which may be reviewed include, but are not limited to, openness for surveillance, reduction of opportunities of congregation and obstructing public ways; illumination of exterior areas; and limiting furnishings and features that encourage loitering,

d. Drinking Alcohol Outside. The selling of alcoholic beverages for consumption outside is prohibited except at Eating and Drinking Establishments with approved outdoor or sidewalk cafe dining, and

e. Litter and Graffiti. The exterior of Eating and Drinking Establishments shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City of Monterey.

f. Mode of Sale. The sale of alcohol from drive-up or walk-up windows is prohibited.

3.The Planning Commission may impose additional conditions on the granting of the use permit, as necessary to preserve the public health and safety.

4.An application for a use permit to operate a Bar may be approved, conditionally approved or denied by the Planning Commission. A decision of the Planning Commission may be appealed to the City Council as set forth in Article 27 of this Section.

5.A use permit to operate a Bar may be revoked by the Planning Commission for violation of any condition of the use permit.

6.A use permit to operate a Bar shall be revoked if after a noticed hearing the Planning Commission finds that the use constitutes a public nuisance. Prior to such hearing, the owner or operator of the Bar shall be given written notification of all conditions which may constitute a nuisance and given a minimum of 30 days to correct the conditions. The City can refer the issue to an outside community-based counseling group, such as the Hospitality Resource Panel, to help the business correct any conditions during or prior to this 30 day period. This referral is not a requirement but is an option available to the City. The counseling group may choose to make a recommendation to the Planning Commission on the Bar’s compliance with the conditions.

For purposes of this section, the term “public nuisance” refers to a pattern of disturbance or alcohol related problems which affect at the same time an entire community or neighborhood, or any considerable number of persons, as substantiated by credible evidence from a reliable source including, but not limited to, public testimony, citizen complaints, police reports, fire department reports, code enforcement reports, and violations of City Codes or state laws where such violation is established as constituting a nuisance per se. The term “alcohol related problems” shall include, but is not limited to, unacceptable public behavior, noise, littering, loitering, crimes of violence, interference with the unimpeded use of sidewalks by pedestrians, defacing or damaging property, interference with a neighborhood’s quality of life or image or quiet enjoyment of property, and other similar problems related to the operation of alcoholic beverage outlets. Such nuisances may be abated by the City pursuant to Monterey City Code §§ 1-7 or 1-9 and following.

7.Bars that were in existence on May 7, 2002, may continue to operate without a use permit under the following conditions:

a.The Bar retains the same type of liquor license within a license classification.

b.The Bar is operated continuously without substantial change in the mode or character of operation. A “substantial change in mode or character of operation” includes, but is not limited to, any of the following:

(1)The license issued by the California Department of Alcoholic Beverage Control (“ABC”) is revoked, or suspended for a period of more than 30 days; or

(2)The owner or operator or ABC licensee is convicted of violations of California Health and Safety Code sections 11350, 11351, 11352, 11550 or 11364.7 or California Penal Code section 647(b) and the conviction relates to the business premises or the operation of the business; or

(3)The premises are altered for the purpose of increasing the gross floor areas and such additions will result in an aggregate increase of more than twenty-five (25%) of the existing gross floor area of the entire premises; or

(4)The Bar is closed, abandoned, discontinued or suspended for a continuous period of more than eighteen (18) months for reason other than a break in continuous business due to natural disaster or other similar circumstances beyond the control of the licensee, owner or operator; or

(5)The Bar constitutes a public nuisance as set forth in Subparagraph H above.

Any Bar without a use permit operating under this sub-paragraph I shall not have its right to operate rescinded, revoked or otherwise limited under this sub-paragraph without written notice and the opportunity for a hearing before the Planning Commission as set forth in Article 27 of this Section.

J.A copy of the use permit’s conditions of approval shall be kept on the premises and posted in a place where it may be readily viewed by any employee, member of the general public or member of a governmental agency. (Ord. 3424 § 1, 2009)