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A. Accessory Structure. Accessory structures shall comply with all regulations applicable to the principal structure on a site. Off-site accessory structures shall not be allowed.

B. Outdoor Facilities.

1. Where Permitted. In the I-R district, outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up, shall be subject to approval of a Use Permit by the Public Works Director. (Ord. 3472 § 1, 2012)

2. Permit Conditions -- Grounds for Denial. A Use Permit for outdoor storage or display 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 applicable area plans. If such impacts cannot be prevented, the Public Works Director shall deny the Use Permit application. (Ord. 3472 § 1, 2012)

3. Screening. Outdoor storage and display areas 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.

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

4. Appeals. Decisions of the Public Works Director may be appealed by the applicant to the Planning Commission in accordance with Article 27. (Ord. 3472 § 1, 2012)

C. Service Stations and Automobile Washing. The following supplementary development regulations shall apply to the Service Stations and Automobile Washing use classifications:

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 16, except where a building adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas.

3. Storage of Materials and Equipment. The provisions of Section 38-41(B), Outdoor Facilities, shall apply, except that a display rack for automobile products no more than four feet wide may be maintained at each pump island of a service station. If display racks are not located on pump islands, they shall be placed within three feet of the principal building, and shall be limited to one per street frontage. Storage of inoperative vehicles is prohibited. The location of display racks and vending machines shall be specified by the Use Permit.

D.Restaurants and Convenience Markets: Restaurants and convenience markets approved by the Planning Commission shall comply with the following supplementary regulations (unless superseded by area plan):

1. Access. Direct driveway access to scenic Highway 68 shall not be permitted from individual properties.

2.Buffers: Landscape buffers shall be provided at least 100 feet width from the ultimate planned right-of-way of scenic Highway 68.

3.Signage: Signage shall not address scenic Highway 68.

E. Vehicle/Equipment Sales and Rentals -- Limited. Prior to the City’s issuance of a building permit, the developer/owner shall demonstrate compliance with any Monterey County Airport Land Use Commission avigation and hazard easement conditions. (Ord. 3588 § 5, 2018)

F. Review of Plans. Applications for new construction and exterior alterations and additions shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee.

G.Extended care shall be limited to areas outside of airport safety zones 1 through 5. Through the use permit process, the City shall evaluate the compatibility of the proposed extended care with adjacent uses. If a development is proposed that would intensify the occupancy level of vulnerable occupants as defined by the Airport Land Use Commission, the proposed changes shall be submitted to the Airport Land Use Commission for subsequent, project-specific consistency determination.

H. Cannabis-Related Agricultural Testing Laboratories. Establishments that test cannabis and cannabis products shall comply with the minimum standards set forth in Division 10 (Cannabis) of the Business and Professions Code, which are incorporated herein by reference, and the following additional standards, requirements, and regulations:

1.No cannabis or cannabis products shall be visible to anyone outside the facility on public or private property.

2.No cannabis consumption shall be allowed on the premises.

3.Establishments shall not be open to the public. There shall be signage posting that no loitering is allowed outside of the facility.

4.The hours for all loading and unloading activities involving the handling of shipments of cannabis or cannabis products are limited to 6:00 a.m. to 9:00 p.m.

5.Establishments shall not be located within a 600-foot radius of a school providing instruction in kindergarten or any grades one through 12, preschool, day care center, or youth center that is in existence at the time the license is issued.

6.All business and surveillance records shall be maintained for a minimum of one year, and shall made available within 24 hours at the request of the City Manager, Police Chief, or their designee.

7.The Monterey Police Department must be notified within 24 hours after discovering inventory discrepancies, theft, diversion, loss, or security breaches pertaining to the operation of the cannabis testing. The Monterey Police Department must be notified immediately after discovery of any other criminal activity that has occurred in the cannabis testing laboratory or on the parking lot serving the establishment. Cannabis testing laboratories must comply with use permit terms and conditions.

I. Use Permit Applications. Use permit applications shall include the following required materials:

1. Testing Accreditation. Testing laboratories must maintain ISO/IEC 17025 accreditation while the business is in operation. Acceptable accreditation must attest to the testing laboratory’s competence to perform testing of the following: cannabinoids, heavy metals, microbial impurities, mycotoxins, residual pesticides, residual solvents and processing chemicals and terpenoids (if tested).

2. Standard Operating Procedures. Provide a detailed explanation of laboratory standard procedures, including, but not limited to, transportation, testing, and disposition of samples, and other testing materials and equipment.

3. Security Plan. Provide a detailed security plan, for review and approval by the Police Chief, which includes measures to be used to prevent unauthorized access, protect the physical safety of employees and surrounding properties, and protect against theft/loss of cannabis, cannabis products and all other related materials and equipment. Identify surveillance equipment and locations, physical barriers, alarm systems, and storage of samples and records.

4. Employees. Applicants must provide and maintain a list of emergency contact information for management employees.

J. Public Nuisance. The failure to comply with any use permit conditions, city codes, or state laws applicable to cannabis testing laboratories is hereby declared a public nuisance. (Ord. 3634 § 6, 2020; Ord. 3625 § 4, 2020; Ord. 3588 § 5, 2018; Ord. 3424 § 1, 2009)