1.A relocated building application shall contain:

2.Upon acceptance of a complete application and payment of the required fee, the application shall be referred to the Chief of Inspection Services/Building Official, Engineering and Maintenance Director, and Police Chief for review. The Chief of Inspection Services/Building Official shall make an inspection of the building to be moved, and report to the Planning Commission the type of construction, age, and present condition of such building and any improvements recommended or required to be made. The Chief of Inspection Services/Building Official may recommend denial of the application if in his opinion the building cannot be moved safely or it will injure any street or pavement within the City, or unduly obstruct traffic.

1.After the Planning Commission’s receipt of the Chief of Inspection Services/Building Official’s report, it shall hold a duly noticed hearing on the application. At the time of the hearing, the Planning Commission shall hear all persons who may appear to support or protest the granting of the application.

2.In making its decision, the Planning Commission shall find, in the event it approved the moving of said building or structure, that such moving shall have no detrimental effect on the living environment and property values in the area into which the building or structure is to be moved, and that this decision is not contrary to the provision of the Building Code of the City or any improvements required to be made as reported by the Chief of Inspection Services/Building Official.

1.Placement underground would result in the violation of other provisions of the City Code, including the City’s noise ordinances; or

2.There are unusual environmental circumstances which would cause:

3.The operator seeking the deviation has proposed a plan for placement that minimizes the visual impacts.

1.No person other than a resident of the dwelling unit shall be engaged or employed in the home occupation and the number of residents employed in the home occupation shall not exceed two.

2.A home occupation shall not create significant additional vehicular or pedestrian traffic to the residence.

3.No sign for the home occupation shall be displayed on the house or property.

4.No advertisement shall be placed in any media (including, but not limited to, newspaper, magazine, telephone directory, radio, television, social media) containing the address of the property.

5.There shall be no visible storage or display of materials or products.

6.There shall be no exterior evidence of the conduct of a home occupation. A home occupation shall be conducted only within the dwelling unit or any accessory structure. Home occupations shall not be permitted out of doors on the property.

7.The conduct of any home occupation shall not reduce or render unusable areas provided for the required off-street parking for the residents nor prevent the number of cars intended to be parked in the garage from being parked.

8.There shall be no process used in the home occupation which is hazardous to public health, safety, or welfare. No toxic, explosive, radioactive, or other restrictive materials not normally used in a single-family dwelling shall be used or stored on the site.

9.There shall be no significant increase in use of utilities such as water, sewer, gas, and electricity beyond that normal to the use of the property for residential purposes.

10.No home occupation shall create noise, odor, dust, vibration, fumes or smoke readily discernible at the exterior boundaries of the parcel on which the occupation is located.

11.A home occupation on rented or leased property must have permission from the owner.

12.A home occupation shall comply with all applicable local, state, and federal laws and regulations.

13.A new or expanded use of a home occupation shall obtain zoning review pursuant to Section 38-150.

1.Firearms and ammunition retail sales.

2.Sexually oriented businesses.

3.Food catering or production except in compliance with the Cottage Food Act 4 (Government Code Section 51035).

4.Vehicle storage, dismantling, installation, manufacture, repair, or service.

5.Vehicle sale, lease, dispatching, or renting including ecommerce platforms.

6.Welding.

7.Any use that does not comply with the standards set forth in subsection (B) of this section.

1. Duration and Timing.The noise standards above shall be modified as follows to account for the effects of time and duration on the impact of noise levels:

3. Noise Measurement.Noise shall be measured at an appropriate distance from the source with a sound level meter, which meets the standards of the American National Standards Institute (ANSI Section S1.4 1979, Type 1 or Type 2). Noise levels shall be measured in decibels. The unit of measurement shall be designated as Db. A calibration check shall be made of the instrument at the time any noise measurement is made.

2. From Outdoor Lighting.Parking structure and all project lighting shall be screened so the light source will not be visible off site.

1.The provisions in this section shall be applied to all applications for new wireless communications facilities and all applications for changes to existing wireless communications facilities filed after the effective date of this section, unless the wireless communications facility is exempt from the permitting requirement. For all other applications, the provisions of this section as it existed before the effective date shall apply.

2.This section is not intended to exempt wireless communications facilities from any applicable laws.

3.This section shall be interpreted and applied in a manner consistent with State and Federal law.

4.The time within which any act provided by this section is to be done has been computed to permit the City to comply with State and Federal regulations governing the time for action on applications for wireless communications facilities, and may be extended by the City Manager where an extension will not result in a violation of those State or Federal regulations, or otherwise prejudice the public, or shortened by the City Manager when necessary to prevent a violation of applicable law.

1.Every wireless communications facility, whether or not installed pursuant to a use permit, shall:

2.No wireless communications facilities may be installed speculatively.

3.All wireless communications facilities located within an airport safety zone as defined by the Monterey Airport Land Use Compatibility Plan (ALUCP), or an airspace protection zone as defined by the FAA shall comply with applicable criteria in the ALUCP, and FAA standards. No work may proceed on a permit except in compliance with such standards, or without issuance of any required determinations of no hazard to aviation. No work may proceed on a permit where an applicant has failed to provide notices or seek reviews required under applicable requirements. Provided, nothing herein requires compliance with ALUCP standards where such standards have been overruled in accordance with applicable law. Without limiting the foregoing, under the Airport Land Use Compatibility Plan in effect as of April 1, 2022:

1. Use Permit Review.All new wireless communications facilities and all modifications to existing wireless communications facilities require a use permit issued pursuant to Section 38-156 et seq., except those subject to administrative review under this section. The use permit for placement in the public rights-of-way, if granted, shall be deemed to constitute the encroachment permit required by Chapter 32, Article 8, of this code. The application for a use permit shall satisfy all the requirements for an encroachment permit, and without limitation any use permit issued shall be subject to all conditions set forth in, and regulations adopted pursuant to, that chapter.

2. Administrative Review for Temporary Wireless Communication Facilities.A use permit may be issued for a temporary wireless communications facility by the Community Development Director under this section.

1.This section establishes minimum application requirements for wireless communications facilities other than eligible facilities requests, for which applications shall be submitted and reviewed as provided in subsection (G) of this section.

2. Application Required.Each application for a permit under this section shall be submitted on a form prescribed by the Director, in an electronic searchable format, and accompanied by a fee in the amount set by resolution. The Director may amend the submittal form and requirements as the Director deems appropriate to achieve the purposes of this section.

3. Application Content.Each application shall be signed by the owner of the wireless communications facility. If the applicant is not a provider of wireless services, it shall provide a letter from each wireless service provider that will use the facility affirming: it will use the facility proposed, if approved; that it will make available such information as the City may require to act upon the application, either directly or through applicant; and will ensure that any representations made to the City regarding the services it will provide, or equipment it will use, are true, accurate, and complete. Each application shall include at least the following:

4. Presubmittal Conference.Before application submittal, applicants are strongly encouraged to schedule and attend a voluntary presubmittal conference with City staff for all wireless communications facilities applications. The presubmittal conference is intended to foster cooperative discussion between applicants and staff, identify potential avoidable issues, and generally streamline the application review process to occur after the applicant formally submits its application. Requests for voluntary presubmittal conferences will not be scheduled until the City receives payment of the associated fee in the amount set by City Council resolution.

5. Application Submittal Appointment.All applications for wireless communications facilities use permits shall be submitted to the City at a prescheduled appointment with the Director. During the application submittal appointment, or thereafter, the Director shall review the application materials and determine whether the application is complete. If the application is found to be complete, the Director will refer the application to the Planning Commission. If the application is not complete, the Director shall issue a written notice of incompleteness specifying the information missing from the application.

6. Applications Available Online.Except where good cause has been shown, as determined by the Director, applications will be posted on the City website within five working days of filing or as soon thereafter as practical, along with communications between the City and the applicant regarding those filings (including additions and modifications to the filing). The City shall post notice promptly when the application is deemed “complete.” The City’s failure to post the applications by the time required shall not affect the validity of any application submitted under this section.

7. Notice of Applications Within Monterey Regional Airport Influence Area.For any wireless communication facility located within the Monterey Regional Airport Influence Area, the City shall, upon deeming such application “complete,” provide written notice of the application to the staff of the Monterey County Airport Land Use Commission and the Monterey Regional Airport District.

1.This section establishes design and development standards for wireless communications facilities and supporting structures, other than wireless communications facilities and supporting structures modified as part of an eligible facilities request. The Planning Commission may develop and approve, for mandatory use, neighborhood specific design standards that are consistent with this section.

2. Overall Goals.It is the overall goal of the City to minimize the visual impact of wireless facilities; to minimize the number and height of supporting structures that may intrude upon view sheds; to maintain the overall visual character of individual neighborhoods, to encourage placement away from residential units; to minimize the number of structures in the public rights-of-way and prevent interference with the other uses of the public rights-of-way.

3. General Principle for All Locations.The proposed wireless communications facility, and any supporting structure (to the extent installation requires installation of a new or replacement supporting structure, or any change in the height of an existing supporting structure) shall be of the minimum size necessary to serve the defined service objectives of the wireless service provider(s) that will be using the facility.

4. Design Standards for Facilities Off the Public Rights-of-Way -- General Design and Aesthetic Standards.All new facilities and changes to existing facilities shall conform to the standards in this section.

5. Building-Mounted Facilities.These requirements are in addition to design standards in subsections (F)(4)(a) through (g) and (k) of this section.

6. Freestanding Towers Outside of Rights-of-Way.In addition to satisfying the requirements of subsection (F)(4) of this section:

7. Public Rights-of-Way Facilities.

8. General Conditions.In addition to the foregoing:

9. Placement Preferences.The City has the following preferences. An applicant’s project plan shall show that it took these preferences into account and explain why a preferred placement or design was not used; or may show that because of the design proposed, its design and geographic placement will be more consistent with the overall goals of this section. A preferred design shall also be consistent with the other requirements of this section.

10. Special Considerations for Certain Districts.In addition to satisfying the standards in this section, in certain districts and at certain locations, an applicant shall show that denial of an application will result in an effective prohibition or otherwise violate Federal law such that an application shall be approved and show that the design used and the placement will minimize the impact of granting the permit (these showings are referred to as an “effective prohibition showing”):

1. Applications.Applications for eligible facilities requests shall contain the information required by subsection (E)(3)(a) through (s) and (u) and (v), and shall be submitted in the manner required for all other applications.

2. Justification.Without limiting the foregoing, the project plan for an eligible facilities request shall specifically list every element that shall be satisfied in order for a request to be an eligible facilities request under Federal law, and shall show that each element is satisfied.

3.Notwithstanding subsection (J)(2) of this section, an application submitted as an eligible facilities request shall be approved by the Director if the following findings are made:

4.If an application submitted as an eligible facilities request is not an eligible facilities request, it shall be denied and, in addition to the notice required by subsection (J)(4) of this section, the Director shall provide an incompleteness notice indicating what information is required for the applicable wireless application. The Director’s decision on an eligible facilities request application is final and not appealable.

1. Procedures for Abandoned or Discontinued Facilities.

1. Notice Required for a Use Permit.The Planning Commission shall conduct a noticed public hearing in accordance with Section 38-159.

2. Use Permit Findings.In addition to the findings required by Section 38-161, the Planning Commission may approve an application for a use permit if, based on the record, it finds:

3. Additional Finding Required for All Applications Within the Monterey Regional Airport Influence Area.In addition to other findings required by this section, for a wireless communication facility located within the Monterey Regional Airport Influence Area, the Planning Commission shall find that the applicant has demonstrated the following: (a) applicant submittal to the FAA of the FAA Form 7460-1 Form, Notice of Proposed Construction or Alteration, or other written notification to the FAA of the proposed construction or alteration of any wireless communications facility in the AIA, except for minor alterations that do not have a potential to obstruct or pose a hazard to air navigation, navigational aids, or navigational facilities; (b) written authorization from the FAA or other official FAA determination of no objection to the proposed construction or alteration; and (c) compliance with all applicable FAA and FCC rules, regulations, and standards.

4. Written Denial Decision.If the application is denied, the City shall provide the applicant written notice of the denial decision that contains both the decision and the findings for the decision or indicates how a copy of the decision and the findings may be obtained.

5. Denials Without Prejudice.The Director may deny an incomplete application without prejudice to the applicant refiling, if the applicant has not provided all of the information required by notice(s) of incompleteness to permit the City to approve, approve with conditions, or deny the application, taking into account legal deadlines affecting the City conducting, or the public participating in, a timely review of the application. Such a denial may be appealed to the Planning Commission, but the appeal is limited to consideration of whether the application was properly denied for incompleteness and the decision of the Planning Commission is final and not appealable.

6. Appeals.Any interested party may appeal an action of the Planning Commission, except for any decision made pursuant to subsection (J)(5) of this section in accordance with Article 27 of this Chapter.

1. Deposit.The applicant shall pay for the cost of any independent consultant retained by the City to review any issue or evidence submitted in connection with the application and for the technical consultant’s testimony in any hearing as requested by the City and shall provide a reasonable advance deposit of the estimated cost of such review with the City prior to the commencement of any work by the technical consultant. Once the deposit is reduced to 50 percent the applicant shall restore the fund to its original amount. Promptly upon issuance of the final decision on the application, City shall issue an invoice, showing as a credit against the amount owed the amount deposited; return any amounts deposited in excess of the invoice; and bill for any expense not covered by the invoice, which invoice shall be paid within 30 days.

1. Standard Conditions for Use Permits.Generally, City shall include appropriate conditions consistent with other use permits it issues.

2. Permit Term.Any validly issued conditional use permit for a wireless communications facility will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, except when California Government Code Section 65964(b), as may be amended, authorizes the City to issue a permit with a shorter term. Provided, that:

3. Ongoing Compliance.City may inspect and test wireless facilities to ensure ongoing compliance with permit conditions, and charge the cost of the inspection to persons holding wireless permits for the facilities inspected. Testing and inspection may include, but is not limited to, testing to ensure compliance with RF exposure limits. Tests may be based on complaints received, or may be part of a regular testing and inspection program. Permittee shall, within 30 days of a request therefor, provide the City with access and information it may require regarding the wireless communications facility in order to inspect or conduct testing.

4. Disconnection.The permittee shall provide the City with access to the facility to disconnect it from power in an emergency.

5. Maintenance of Elements Designed to Reduce Visual Impacts.Without limiting the general obligation to maintain the site and facility, all concealment elements shall be maintained in a manner so that the concealment elements are not defeated. By way of example, if a stealth facility is approved, it shall be maintained so that color fading and damage do not result in changing the approved appearance of the facility. Likewise, requirements intended to camouflage or otherwise limit the visual impacts of a wireless communications facility, shall be maintained so that the effectiveness of the same is not diminished. By way of example and not limitation, if permittee is entitled to increase the size or number of ground cabinets, and the placement is subject to requirements designed to conceal cabinetry, the existing requirements will also be read to require concealment of the additional or larger cabinets.

6. Construction Period.Unless a permit specifically provides otherwise, in order to prevent applicants from applying for unnecessary facilities, or from stockpiling locations, it is a permit condition that a wireless communications facility shall be constructed and shall be in use for the provision of wireless services within 12 months of issuance of the use permit. The period may be extended by the Director for good cause shown.

7. Modifications.No modification may be made to the approved facility without obtaining a permit required by this section.

8. Removal Upon Termination.Upon termination of the wireless permit, unless renewed, permittee shall remove the wireless communications facility and all improvements installed in connection with the facility (including but not limited to a supporting structure, or an extension to a supporting structure), and restore the site to a condition compliant with all applicable codes and consistent with the surrounding area.

1.Permittee shall notify the City within 30 days of completion of construction of a wireless communications facility, and shall provide as-built plans showing all elements of the wireless communications facility and supporting structure as-built. The plans, without limitation, shall show the location of power and communication lines serving the facility, and the location of disconnect boxes. City shall promptly inspect the facility to ensure compliance with all permit conditions, and shall charge the permittee the costs thereof.

2.Within 30 calendar days following the activation of any wireless communications facility (including a modification that affects the RF emissions patterns of the wireless communications facility), the applicant shall provide a radiofrequency emissions compliance report to the City prepared and certified by a RF licensed engineer. The report shall be prepared in accordance with FCC guidelines and shall include the calculations and information on which the engineer relied. The report shall: clearly identify any differences between the facility as proposed and the facility as-built, including differences in areas where RF emissions exceed the FCC’s general and occupational levels, and any necessary mitigation measures. In addition, the report shall include:

3.If the report shows that FCC general and occupational exposure levels are exceeded in areas that were not reported in the application; or that necessary mitigation measures have not been implemented; the permit for any wireless communications facility that bears responsibility in whole or in part for the noncompliance will be deemed suspended pending correction. As part of the suspension, general operations shall cease until the facility is brought into compliance, and mitigation measures implemented. If the City finds that the correction or mitigation either requires a change to the facility inconsistent with the use permit; or that the necessary mitigation measures would adversely affect the community in a manner not contemplated in the review of the application, it may require removal, relocation or modification of the wireless communications facility as a condition of ending the suspension, or take any other permitted enforcement action. The City may require applicant to provide additional reports, and may require additional independent technical evaluation of the wireless communications facility, at the applicant’s sole cost, to ensure compliance with FCC standards and to ensure appropriate mitigation measures have been implemented.

1. Policy Statement.The City may negotiate agreements for use of City-owned or controlled property and supporting structures for the placement of wireless communications facilities, including street light poles in the rights-of-way. In exercising its decision to agree to access to a City property or supporting structure, the City will generally consider factors and consider designs consistent with this section. Any design shall be consistent with the supporting structure to be used, and result in no uncompensated cost to City. Without limitation, for example, the design for a wireless communications facility to be attached to a street light shall be consistent with designs in use along the corridor or (if more consistent with plans for the corridor) consistent with planned designs. Further, use will not be permitted if it requires the City to incur uncompensated costs, or accept risks or liability it would not otherwise face. Access will only be granted if it presents no safety issues, causes no harm to a structure, does not interfere with present or planned uses of the property or structure, and is in the City’s best interests as facilities owner. Subject to lawful limits imposed by State or Federal law, the agreement shall specify the compensation to the City for use of the property or structures. Except as prohibited by law, the person seeking the agreement shall additionally reimburse the City for all costs the City incurs in connection with its review of, and action upon, the person’s request for an agreement.

2. Requests for Use.A request for use of a City-owned property or structure may be submitted to Community Development Director. The request can be submitted before an application is submitted to the Planning Commission, so long as the requesting party agrees that the request does not trigger any shot clock with respect to any permit that may be required for deployment of the structure. Community Development Director is authorized to negotiate agreements for use of City-owned or controlled supporting structures, and to bring those agreements to the City for approval. Community Development Director may also issue a written denial of access, stating reasons therefore. If City receives multiple, conflicting requests for placement of wireless communications facilities for the same location from different entities, City may require consolidation of wireless communications facilities or allocate sites on any basis consistent with applicable law.

3. Compliance With RF Standards.No permit and no agreement for use of City-owned or controlled supporting structures, shall be issued or effective unless it is shown that the wireless communications facility will comply with Federal Communication Commission (“FCC”) regulations governing radiofrequency (“RF”) emissions. Every wireless communications facility shall at all times comply with applicable FCC regulations governing RF emissions, and failure to comply shall be a treated as a material violation of the terms of any agreement.

4. Noninterference.Before a wireless communications facility is attached to City-owned or controlled supporting structure, the owner of the wireless communications facility shall submit a study showing that the attachment or modification will not interfere with then-existing or planned City uses of the structure, including communications uses. Any request for use shall include detailed drawings and specifications so that the City may determine whether there will be interference with City uses.

1. Alternative.A person who wishes to install a wireless communications facility with a design that does not comply with the design standards set forth in subsection (F) of this section, but who believes that the design is fully consistent with the goals of this section may submit a request for pre-approval of the design to the Planning Commission. A pre-approval request is not mandatory, and is not an application for a wireless communications facility within the meaning of this section, and shall be submitted with a clear statement that consideration of the request is not subject to any FCC shot clock or other mandatory timeline for action. The purpose of permitting the request is to encourage development of, and provide a means for public consideration of those designs.

2. Consideration.The proposed design will be publicly published, and the Planning Commission may conduct such investigations, and require the person requesting pre-approval to submit such information, and provide such mock-ups as may be necessary to evaluate the impact of the design. If, after a full opportunity for public hearing the Planning Commission finds that the design serves the goals of this section, it may recommend pre-approval to the City Council for the placement as a design permitted under subsections (F)(1) through (10) of this section. The recommendation may limit areas where the facility would be pre-approved for placement. The Planning Commission may also recommend elimination or modification of any pre-approved design, after a public hearing where it finds that the design as adopted does not serve the purposes of this section.

3. Council Action.The Council may pre-approve the design by resolution. The design will be published. Council may also eliminate or modify a pre-approval.

“Accessory equipment” means any equipment associated with the installation of a wireless communication facility, including but not limited to cabling, generators, fans, air conditioning unit, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.

“ALUC” means the Monterey Airport Land Use Commission or successor agency.

“Antenna” means any system of wires, poles, rods, reflecting discs, dishes, whips or other similar devices used for transmission or receptions of electromagnetic waves. A device where the antenna is integrated with the radio unit shall be treated as an antenna.

“Base station” has the same meaning as the term used in 47 CFR Section 1.6100(b)(1), as may be amended, except that, to the extent not included within the FCC definition, the term includes accessory equipment.

“Camouflage” means a wireless communications facility or supporting structure to which the applicant applies some concealment techniques in order to blend all or a portion of the facility or structure into the surrounding area or to appear to be an object that is congruent with its environment, but which is not designed to look like some feature other than a wireless communications facility to a reasonable person.

“City Manager” means the City Manager or the Manager’s designee.

“Community Development Director” or “Director” means the Community Development Director or the Director’s designee.

“CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency.

“Eligible facilities request” means the same as defined by the FCC in 47 CFR Section 1.6100(b)(3), as may be amended.

“Eligible support structure” means the same as defined by the FCC in 47 CFR Section 1.6100(b)(4), as may be amended.

“FAA” means the Federal Aviation Administration or its duly appointed successor agency.

“FCC” means the Federal Communications Commission or its duly appointed successor agency.

“Mock-up” means a temporary, full-sized, structural model built to scale chiefly for study, testing, or displaying a wireless communications facility. It is nonfunctional and has no power source.

“Modification” means a change to an existing wireless communications facility that involves a change to the size, physical configuration, appearance, height, weight or structural loading of the existing wireless communications facility or its supporting structure, or which results in an increase in the noise emitted by the wireless communications facility. Modification does not include repair, replacement or maintenance if those actions do not involve a change to the size, physical configuration, appearance, height, weight or structural loading of the existing facility or its supporting structure, or result in an increase in the noise emitted by the wireless communications facility. Modification does not include removal unless the facility is replaced, and the replacement would constitute a modification.

“Mounted” means attached or supported.

“Public rights-of-way” means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved and dedicated to the general public for street, highway, alley, public utility or pedestrian walkway purposes, whether or not the land has been improved or accepted for maintenance by the City. Public right-of-way includes but is not limited to street, roadway, planter strip and sidewalk.

“Radome” means a weatherproofed enclosure (typically constructed from fiberglass or plastic material) that protects and conceals an antenna or antennas contained therein.

“RF” means “radiofrequency” or electromagnetic waves between 30 kHz and 300 GHz in the electromagnetic spectrum range.

“Rooftop mounted” means mounted directly on the roof of any building or structure, above the eave line of such building or structure.

“Shot clock” means a timeline for action on an application for a wireless communications facility that is imposed by State or Federal law or regulations.

“Site” means the same as defined in 47 CFR Section 1.6100(b)(6), as may be amended.

“Small wireless facility” means the same as defined in 47 CFR Section 1.6002, as may be amended.

“Stealth” means a wireless tower or base station designed to look like some feature other than a wireless tower or base station to a reasonable person. Examples include, but are not limited to: (1) wireless equipment placed completely within existing architectural features such that the installation causes no visible change to the underlying structure; (2) new architectural features that match the underlying building in architectural style, physical proportion and construction-materials quality; (3) flush-to-grade underground equipment vaults with flush-to-grade entry hatches, with wireless equipment placed completely within.

“Supporting structure” means any structure, other than a tower, capable of supporting, or supporting a base station. An existing supporting structure is a structure in place at the time an application is filed; a replacement supporting structure is a structure that replaces an existing structure, which structure shall be removed; a new supporting structure is a structure other than a tower, that is not in place at the time an application is filed, and that will be constructed as part of the placement of the base station.

“Temporary wireless communications facility” means a wireless communications facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster requires additional service capabilities. Temporary wireless communications facilities include, without limitation, cells on wheels (COW), sites on wheels (SOW) and cells on light trucks (COLTs) or other similar wireless facilities: (1) that will be in place for no more than 60 days (or such other longer time as the City may allow); (2) for which required notice is provided to the FAA; (3) that do not require marking or lighting under FAA regulations; (4) that will be less than 100 feet in height; and (5) that will either involve no excavation or involve excavation only as required to safely anchor the facility, where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two feet.

“Tower” means the same as defined in 47 CFR Section 1.6100(b)(9), as may be amended.

“Transmission equipment” means the same as defined by the FCC in 47 CFR Section 1.6100(b)(8).

“Utility pole” means any wood, steel, concrete or other structure used primarily to support overhead electric or communications lines.

“Wireless” means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.

“Wireless communications facility” means all elements of a facility at a fixed location used in connection with the provision of any FCC licensed or authorized wireless service to the public, including the base station and tower, if any, but excluding the supporting structure to which the base station is attached or within which it is enclosed. Provided, that the term does not include:

“Wireless service provider” means the FCC licensed or authorized entity offering wireless communication services to the public. (Ord. 3660 § 4, 2023)

1.An applicant for a “housing development” as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus Law when the applicant seeks and agrees to provide housing as specified in Government Code Sections 65915(b), (c), (f), (g), (h) and (v), or in Government Code Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with State Density Bonus Law.

2.The granting of a density bonus, incentive, or concession, pursuant to this section shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a City ordinance or provisions of a City ordinance unrelated to development standards.

3.All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the Community Development Director, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete, consistent with Government Code Section 65943.

4.The application shall include the required fee and the following minimum information:

1.State Density Bonus Law provides that it shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (California Public Resources Code Section 30000 et seq.), and further provides that the granting of a density bonus or an incentive shall not be interpreted, in and of itself, to require a local coastal plan amendment.

2.For development within the coastal zone, any requested density bonus, incentive, waiver, or parking reduction shall be consistent with all applicable requirements of the certified City’s Local Coastal Program, with the exception of density.

1.All requests under State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development, within the timelines prescribed by California Government Code Section 65950 et seq. or other statute. Appeals of the planning application in accordance with the requirements of Chapter 38, Article 27 of this Code shall include all requests under State Density Bonus Law if appeals are authorized for the discretionary or ministerial permit applied for.

2.To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law and the Coastal Act, if applicable, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of State Density Bonus Law, as applicable:

3.The decision-making body will grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

4.The decision-making body will grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

5.If a child care center complies with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities.

6.A request for minor modification of an approved density bonus housing plan may be granted by the Community Development Director, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

1.If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this section, the applicant shall enter into a binding affordable housing agreement or restrictive covenant, as described below, with the City, which sets forth the conditions and guidelines to be met in the implementation of State Density Bonus Law and that ensures compliance with all of the provisions of this section. The agreement will also establish specific compliance standards and remedies available to the City upon failure by the applicant to comply with State Density Bonus Law, this section, or the affordable housing agreement.

2.For rental projects, the applicant shall enter into an affordable housing benefit agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; shall describe the specific incentives, waivers, parking reduction, and additional density received along with any condition pertaining to them; and shall contain other relevant provisions approved by the City Attorney. Rents for the lower-income density bonus units shall be set at an affordable rent as defined in State Density Bonus Law.

3.For for-sale projects, the applicant shall enter into an affordable housing benefit agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee. The affordable housing benefit agreement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or if any for-sale unit is not purchased by an income-qualified household within 180 days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified nonprofit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and shall contain other relevant provisions approved by the City Attorney. The City shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law. The affordable housing benefit agreement shall require the for-sale units remain available to and permanently affordable to persons and families of low or moderate income.

4.Where a density bonus, waiver or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee, to require the housing development to be operated as “housing for older persons” consistent with state and federal fair housing laws.

5.The executed affordable housing benefit agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development, whichever is earliest. The affordable housing benefit agreement shall be binding on all future owners and successors in interest.

1.In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

2.When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

3.Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v) or other provision of Density Bonus Law, each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

4.In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law, units added by a density bonus are not included in the calculations. Any on-site units that satisfy the City’s inclusionary housing requirements in Section 8-1.00 et seq. of this code and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of State Density Bonus Law. Payment of fees in lieu of providing affordable units under the City’s inclusionary housing ordinance (Section 8-1.00 et seq. of this code) does not qualify a housing development for a density bonus.

5.The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by State Density Bonus Law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under State Density Bonus Law.

6.Nothing in this section requires the provision of direct financial incentives from the City for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

1.Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction, so that the affordable units comprise the required percentage of total units.

2.Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.

3.To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.

1. Lot Consolidation.Multifamily housing projects that propose the consolidation of two or more legal parcels to create a single of lot of at least 0.50 acres may obtain a 10 percent density bonus independent from, and additional to, the provisions of State Density Bonus Law.

2. Two- and Three-Bedroom Units.Development projects that propose 70 percent of the total unit count to be two- and three-bedroom units may obtain a 10 percent density bonus independent from, and additional to, the provisions of State Density Bonus Law. Projects located in the Alvarado District of the Downtown Specific Plan and within the Pacific, Munras, and Cass Multifamily Overlay District (MF2) may receive one additional story in building height to facilitate achieving maximum densities.

3. Moderate-Income Units.Multifamily development projects that provide 40 percent of the project units for moderate-income household may obtain a 10 percent density bonus independent from, and additional to, the provisions of State Density Bonus Law.

4. One Hundred Percent Affordable Housing Developments.Multifamily housing projects meeting the criteria of Government Code Section 65915(b)(1)(G) may obtain a 50 percent density bonus independent from, and additional to, the provisions of State Density Bonus Law.

1.The parcel must be zoned to allow single-family or multifamily use.

2.The parcel may contain the following number of accessory dwelling units:

3.Prior to issuance of a building permit for an accessory dwelling unit, the property owner shall record a covenant in a form prescribed by the City Attorney, which shall run with the land and provide for the following:

A copy of the recorded covenant shall be filed with the Building Division prior to issuance of a building permit.

4.Prior to issuance of a building permit for an accessory dwelling unit on those certain parcels identified as Monterey County Assessors Parcels: 013-231-027-000, 013-231-017-000, 013-231-018-000 and 013-231-028-000, the property owner shall provide the City with an avigation easement granted to the Monterey Regional Airport District or evidence that the parcel is no longer within the Monterey Regional Airport Land Use Compatibility Plan 65-, 70-, and 75-decibel Community Noise Equivalent Level boundaries.

5. Exemptions.

6.Fire sprinklers shall not be required in the accessory dwelling unit unless fire sprinklers are required for the single-family dwelling or multifamily dwelling. Fire sprinklers shall not be required for an existing single-family dwelling or multifamily dwelling as a condition of the construction of an accessory dwelling unit.

7.An accessory dwelling unit or junior accessory dwelling unit conforming to the requirements of this section shall not be considered to exceed the allowable density for the parcel upon which the unit is located and shall be deemed to be a residential use consistent with the existing general plan and zoning designations for the parcel.

8.Accessory dwelling units and junior accessory dwelling units are prohibited in Airport Safety Zones 1 and 6, pursuant to the 2019 Monterey Airport Land Use Compatibility Plan.

9.An accessory dwelling unit or junior accessory dwelling unit conforming to the provisions of this subsection (A)shall be approved ministerially as provided in Section 38-153(B).

1.The accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this Chapter. Notwithstanding this requirement, a nonconforming accessory dwelling unit may be permitted if:

2. Floor Area.

3. Setbacks.Except as specified below, an accessory dwelling unit shall be required to comply with the setback requirements of the zone in which the unit is to be located.

4. Height.

5.Limits on lot coverage, floor area ratio, open space, front setbacks, and size cannot prevent the construction of a detached or attached accessory dwelling unit, with a maximum floor area of 800 square feet and minimum four-foot side and rear yard setbacks, if the proposed accessory dwelling unit is in compliance with all other development standards.

6. Access.An accessory dwelling unit shall have a separate entrance from other dwelling units.

7. Parking.

8. Properties with Historic Overlay Zoning or Historic Zoning.Attached or detached accessory dwelling units on a parcel with an H-1 or H-2 designation shall:

9. Water and Sewer.Accessory dwelling units shall not be permitted on a parcel where water or sewer services are inadequate. Water restrictions imposed by the State Water Resources Control Board’s cease and desist order demonstrate existing water sources are insufficient to meet any expansion of water demand and do not satisfy criteria for the adequacy of water and sewer services. Water credits or water entitlements may be available to offset additional demand for an accessory dwelling unit. The adequacy of water is determined by the Monterey Peninsula Water Management District (MPWMD). Verification of water credits from MPWMD is to be submitted at the time of building permit application.

1. Colors and Materials.The accessory dwelling unit shall be constructed with materials identical in color, and identical in texture and appearance to the single-family dwelling or multifamily dwelling, including but not limited to roofing, siding, and windows and doors; and

2. Roof Pitch and Form.The accessory dwelling unit shall match the roof pitch and roof form of the single-family dwelling or multifamily dwelling in order to blend with the architecture of the single-family dwelling or multifamily dwelling. The applicant may apply for an exception through the discretionary architectural review process pursuant to Article 25 of this Chapter. The Architectural Review Committee may grant such an exception if it finds that an alternative roof pitch and form design are compatible with the single-family or multifamily structure and neighborhood.

3. State and Local Building Code Requirements.The accessory dwelling unit shall conform to all applicable State and local building code requirements. The new construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code, as described in California Building Code Section 310 (Title 24 of the California Code of Regulations), unless the Building Official or enforcement agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety or the accessory dwelling unit is converted from unhabitable or nonresidential space.

1.A junior accessory dwelling unit shall not exceed 500 square feet in size and shall contain at least an efficiency kitchen that includes cooking appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.

2.A junior accessory dwelling unit shall have a separate entrance from the entrance of the single-family dwelling.

3.The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-family dwelling. If provided as part of the single-family dwelling, the junior accessory dwelling unit shall have direct access to the single-family dwelling so as to not need to go outside to access the bathroom.

4.Unless the property is owned by a governmental agency, land trust, or housing organization, one of the dwellings on the parcel must be the bona fide principal residence of at least one legal owner of the parcel, as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency.

5.Prior to issuance of a building permit for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the City Attorney, which shall run with the land and provide for the following:

A copy of the recorded covenant shall be filed with the Building Division prior to issuance of a building permit.

6.Parking is not required for junior accessory dwelling units. However, if an existing attached garage is replaced by a junior accessory dwelling unit, each removed parking space must be replaced with an off-street parking space that does not extend into the public right-of-way. If the proposed replacement parking is uncovered parking located in the driveway, the dimensions of the off-street parking space should at least be nine feet by 18 feet and the space may occupy any part of the driveway so long as it does not extend into the public right-of-way and is not located in the front yard setback.

7.Junior accessory dwelling units shall not be permitted on a parcel where water or sewer services are inadequate. Water restrictions imposed by the State Water Resources Control Board’s cease and desist order demonstrate existing water sources are insufficient to meet any expansion of water demand and do not satisfy criteria for the adequacy of water and sewer services. Water credits or water entitlements may be available to offset additional demand for a junior accessory dwelling unit. The adequacy of water is determined by the Monterey Peninsula Water Management District (MPWMD). Verification of water credits from MPWMD is to be submitted at the time of building permit application.

1.Except as provided in subsection (E)(2) of this section, an accessory dwelling unit shall provide a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and the utility, unless the applicant has obtained a sewer lateral inspection performed by a licensed plumber demonstrating that the sewer lateral meets the City’s standards and specifications. Proof that the sewer lateral meets the City’s requirements shall be submitted on a sewer lateral inspection form provided by the City and completed by the professional who completed the inspection. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water submeters shall be required for the accessory dwelling unit, except that separate water meters shall be required for accessory dwelling units if and when California American Water is allowed to connect new water meters.

2.Junior accessory dwelling units and accessory dwelling units converted from the existing space of a single-family dwelling or accessory structure are exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges, unless the accessory dwelling unit is constructed within a new single-family dwelling.

3.All utility extensions shall be placed underground.

4.No impact fees may be imposed on an accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, “impact fees” include the fees specified in California Government Code Sections 66000 and 66477, but do not include utility connection fees or capacity charges. For accessory dwelling units that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the single-family dwelling or multifamily dwelling.

1. Permit Review.The City requires a building permit and, as applicable, any additional services permits, to create and serve an accessory dwelling unit or junior accessory dwelling unit.

2. Mills Act.An accessory dwelling unit or junior accessory dwelling unit proposed on a property subject to a Mills Act contract pursuant to Government Code Section 50280 et seq. must comply with the provisions of the contract, including conformance to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior’s Standards for Rehabilitation, and the California Historical Building Code. (Ord. 3670 § 3, 2023; Ord. 3650 §§ 2 - 7, 2022; Ord. 3641 20, 2021)

1.The Cannery Row parking area is established as shown in the map below.

2.With the exception of visitor accommodation facilities, cultural institutions and residential uses, all uses in the Cannery Row parking area shall provide parking to meet the following schedule: one space per 400 square feet for the first 1,000 square feet of floor area and one space per 500 square feet over 1,000 square feet of floor area. The parking standard for visitor accommodation facilities, cultural institutions, residential uses and the residential portion of mixed-uses in these mapped areas shall provide parking in accordance with the schedules for off-street parking contained in Section 38-115.

3.All construction that increases building area or removes existing on-site parking spaces shall provide new off-street parking spaces in accordance with adopted plans and standards.

4.No additional parking is required when: a) the use of an existing building changes and/or intensifies; or b) the building area (gross square footage) in an existing building is replaced or rebuilt.

5. Residential Parking Plan.Planning Commission approval of a residential parking plan shall be required for any change in use in an existing building that includes new residential uses. The residential parking plan shall identify means to provide parking for all of the residential units. Residential parking plan locations may include on-site lot, another lot under same ownership, off-site private lots with parking agreement or permit spaces in a public lot with fee and agreement. On-street residential parking permits will not be granted.

6. Employee Parking Plan.Planning Commission approval of an employee parking plan shall be required for a) removal and replacement of a building or buildings through demolition and reconstruction; b) a new use that requires a Use Permit; and c) a change in use that requires a use permit. The employee parking plan shall describe how a business or occupant in the reconstructed or new building will handle employee parking. The employee parking plan locations may include on-site lot, another lot under same ownership, off-site private lots with parking agreement, and permit spaces in public lot with fee and agreement. (3404, 02/2008)

7. Parking Adjustment.As an alternative to providing new or replacement off-street parking spaces, the Planning Commission may consider approving a parking adjustment that allows payment of a fee in lieu of providing the required parking. Such fee agreements shall run with the land and required fee payments shall be made to the transportation management fund. (Ord. 3550 § 3, 2016)

A Use Permit for shared off-street parking may reduce the total number of spaces required by this article, if the following findings are made:

Any Use Permit approved for shared parking shall be conditioned on the following:

1. Public and Semipublic Use Classifications.As specified by use permit.

2. Commercial Use Classifications.Two percent of the requirement for automobile parking spaces, except for the following classifications, which are exempt:

1.An enclosed bicycle locker; or

2.A fenced, covered, locked or guarded bicycle storage area. Spacing of the bicycle units shall be figured on a handle width of three feet, distance from bottom of wheel to top of handlebar, three feet six inches, and a maximum wheel distance of 6 feet. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

1.“Safe parking program” means a parking program operated on an existing parking lot located outside of the public right-of-way and managed by a social service provider that provides individuals and families with vehicles a safe place to park overnight.

2.“Social service provider” means an agency or organization that has demonstrated experience with the homeless population by assisting individuals and families achieve economic self-sufficiency and self-determination through a comprehensive array of programs and actions.

1. Exception.Safe parking shall be principally permitted on the following City parking lots or on those later approved by the City Council by resolution: 735 Pacific Street.

2. Standards.Principally permitted safe parking programs on City parking lots shall:

1.Proposed hours of operation, which in no case may exceed 7:00 p.m. to 7:30 a.m.

2.The social service provider’s proposed monitoring and oversight plan for the safe parking program.

3.Site plan indicating the location of trash and recycling facilities, water, restroom facilities, location and distances to residential properties, and location of designated overnight parking spaces.

4.Written documentation establishing that the property owner is a social service provider or that the social service provider’s use of the property has been authorized by the property owner.

5.Written approval by the Community Services Department head indicating that the proposed social service provider meets the definition under this section of a “social service provider.”

1.The total number of vehicles allowed at each safe parking program facility, which shall be determined based on the size of the parking area available for such activity.

2.The days and hours of operation of the safe parking program facility.

3.The restroom, water, and trash and recycling facility plan, which shall include the location, hours of availability, and maintenance program for the facility.

4.Whether there exists sufficient distance between existing and proposed safe parking program facilities.

5.Whether there exists sufficient distance between the designated spaces at a proposed safe parking program facility and real property being used for a residential purpose.

6.Whether adequate monitoring and oversight is provided by the social service provider.

7.The existing noise levels and groundborne vibration; and the potential noise impacts of the proposed safe parking program.

8.Whether the proposed safe parking program facility is listed as a hazardous material site pursuant to Government Code Section 65962.5.

9.Whether there is adequate emergency access at the proposed safe parking program facility.

10.Whether the proposed safe parking program conflicts with express conditions imposed by the City on a prior use permit for the use of the real property.

11.On intake, the social service provider shall conduct an online criminal background check on applicants as part of the intake interview. Participant exclusion based on background check results shall be determined by the social service provider on a case-by-case basis.

1. Reverse Vending Machine.An automated mechanical device which accepts at least one or more types of empty beverage containers, including aluminum cans, glass, and plastic bottles. The machine issues a cash refund or a redeemable credit slip.

2. Small Collection Facility.Facilities, including mobile units, drop-off containers, igloos, kiosks, or other unattended containers no larger than 500 square feet.

They are intended for collection only and are located on commercial and industrial sites.

3. Large Collection Facility.A permanent facility occupying a single site of more than 500 square feet. The facility is intended to accept material from the public, store it, and prepare it for shipment to market. A large collection facility may be located on a commercial or industrial site.

4. Light Processing.A building or enclosed space used for collecting and processing recyclable materials. Processing may include baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. A light processing facility may be located on a single heavy commercial or industrial site of under 45,000 square feet of area.