The purpose of this Chapter is to provide a zoning district to accommodate a broad range of heavy commercial uses in those areas of the County of Monterey suitable for such uses. The types of uses appropriate for this district are those uses which are of a heavier commercial character potentially involving needs for warehousing, storage facilities, offices, trade centers, repair facilities, and fabrication shops.

The regulations of this Chapter shall apply in all "HC" zoning districts, subject to the provisions of Chapter 21.62 (Height and Setback Exceptions) of this Title.

A.

A General Development Plan shall be required prior to the establishment of any development in the Heavy Commercial district if there is no prior approved General Development Plan and if;

1.

The lot is in excess of one acre; or

2.

The development proposed includes more than one use; or

3.

The development includes any form of subdivision (Title 19, Subdivision Ordinance).

B.

No new development, change or expansion of use, or physical improvements may be approved unless such development, use or expansion is found to be in conformance with an approved General Development Plan and amendments thereto where such plan is required.

C.

General Development Plans and amendments thereto shall be approved by the Planning Commission.

D.

The General Development Plan shall be prepared by the developer and submitted for review and approval prior to or concurrent with approval of any required permits for the development. The plans shall address the long range development and operation of the facilities including physical expansion and new development, operational changes, circulation or transport improvements, alternative development opportunities, environmental considerations, potential mitigation of adverse environmental impacts and conformance to the policies of the local area plan.

E.

The requirement of a General Development Plan or an amendment to a General Development Plan may be waived by the Director of Planning when, due to the circumstances of the particular situation, there is no potential significant adverse impact from the development and requiring the General Development Plan will not further the purposes of this Chapter.

(Ord. No. 5135, § 105, 7-7-2009)

A.

Change of commercial uses within a structure provided the new use will not change the nature or intensity of the use of the structure; however, new commercial cannabis activities shall require an administrative permit in each case.

B.

Water system facilities including wells and storage tanks serving four or fewer service connections, pursuant to Chapter 15.04, Monterey County Code and replacement of water tanks and wells where no increase in service connections is created. The screening of any tanks and associated structures shall be approved by the Director of Planning.

C.

Cultivation, cutting or removal of Christmas trees;

D.

Other uses of a similar character, density and intensity to those listed in this Section.

E.

Homestays, pursuant to Section 21.64.290;

F.

Limited vacation rentals, pursuant to Section 21.64.290.

(Ord. No. 5135, § 106, 7-7-2009; Ord. No. 5270, § 7, 7-12-2016; Ord. No. 5292, § 7, 12-5-2017; Ord. No. 5306, § 4, 11-6-2018; Ord. No. 5422, §§ 21, 22, 8-27-2024)

A.

Offices less than five thousand (5,000) square feet of floor area;

B.

Auto repair facilities;

C.

Service stations;

D.

Shops for tradesmen such as plumbers, electricians, furniture makers and repairmen, appliance repairmen, and similar uses provided that in all cases all equipment and materials, except vehicles, are maintained within a structure;

E.

Caretaker unit for the purpose of providing on-site security;

F.

Mini-warehouse storage facilities of less than five thousand (5,000) square feet of floor area;

G.

Small water system facilities including wells and storage tanks for five to fourteen (14) service connections;

H.

Reduction in setback requirements provided the proposed reduction is ten (10) percent or less of the required setbacks;

I.

Accessory structures and accessory uses appurtenant to any permitted use provided there is no intensification of the permitted use;

J.

Photography studio;

K.

Picture framing business;

L.

Shoe shop;

M.

Shoe store;

N.

Shops of a light commercial character and conducted within a structure;

O.

Stationery and office supply store;

P.

Storage, rental and sales of irrigation equipment;

Q.

The manufacture of clothing;

R.

Day care center for use of on-site employees and employees of developments on the same lot or subdivision;

S.

Other uses of a similar character, density and intensity to those listed in this Section;

T.

Boarding kennels;

U.

Additions to existing, approved wireless communications facilities, pursuant to Section 21.64.310.

V.

Cannabis retailer pursuant to Chapter 21.67;

W.

Non-volatile cannabis manufacturing pursuant to Chapter 21.67;

X.

Cannabis distribution facilities pursuant to Chapter 21.67;

Y.

Cannabis testing facilities pursuant to Chapter 21.67.

(Ord. 3938, 1997)

(Ord. No. 5306, § 5, 11-6-2018)

A.

Office complexes greater than five thousand (5,000) square feet of floor area (ZA);

B.

Automobile and recreational vehicle storage yards (ZA);

C.

Mini-warehouse storage facilities of more than five thousand (5,000) square feet (ZA);

D.

Automobile and truck tow and storage operations (ZA);

E.

Boat and auto sales (ZA);

F.

Agricultural processing plants (ZA);

G.

Trucking operations, including offices and facilities for the repair, servicing, fueling, storage, and dispatching of commercial trucks;

H.

Hotels, motels, restaurants and similar visitor facilities (ZA);

I.

Contractors yards and offices (ZA);

J.

Contractor's equipment storage facility including vehicles, within a building (ZA);

K.

Retail sales which are accessory and incidental to the uses permitted in this Section, provided that the sales area does not exceed twenty-five (25) percent of the floor area of the structure housing the retail sales facility (ZA);

L.

Bag cleaning or rag works;

M.

Water well drilling businesses (ZA);

N.

Public utility uses and accessory structures, including corporation yards or similar uses;

O.

Wholesale distributors of petroleum products, contractors yards, welding shops and other uses of a similar character;

P.

Furniture manufacturing, finish paper products from finished paper stock (ZA);

Q.

Propane and sales and services of appliances, and related equipment;

R.

All residential uses provided that the gross square footage of the residential use does not exceed the gross square footage of the commercial use (ZA);

S.

Other uses of a similar character, density and intensity as those listed in this Section;

T.

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

U.

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

V.

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

W.

Public and quasi-public uses including churches, parks, playgrounds, schools, public safety facilities, public utility facilities, jails, rehabilitation centers and detention facilities;

X.

Any lot or establishment where alcoholic beverages are served, commercial place of amusement or recreation, or any place where live entertainment is provided within two hundred (200) feet of the boundary of a residential district (ZA);

Y.

Ridgeline development;

Z.

Removal of minerals and natural materials for commercial purposes;

AA.

Development in the Carmel Valley Floodplain pursuant to Section 21.64.130 (ZA);

BB.

Wholesale and retail establishments distributing materials and products essential to agriculture and farming operations, except manure;

CC.

Chemical laboratories, electronic products and instrument manufacturing;

DD.

Research laboratories, provided such use does not produce undue odor, noise, smoke, or other objectionable effects;

EE.

Warehouses for the collection, packaging and distribution of agricultural and horticultural products (ZA);

FF.

Day care centers (ZA);

GG.

The exploration for and the removal of oil and gas (ZA).

HH.

Lumber yards (ZA);

II.

Bottling works (ZA);

JJ.

Wholesales stores and storage (ZA);

KK.

Storage garages (ZA);

LL.

Service centers;

MM.

Open air retail and wholesale sales (ZA);

NN.

Wireless communications facilities, pursuant to Section 21.64.310.

OO.

Commercial vacation rentals, pursuant to Section 21.64.290 (ZA).

(Ord. 3938, 1997)

(Ord. No. 5270, § 8, 7-12-2016; Ord. No. 5292, § 8, 12-5-2017; Ord. No. 5306, § 6, 11-6-2018; Ord. No. 5422, § 23, 8-27-2024)

A.

Structure Height and Setback Regulations.

1.

The maximum structure height is thirty-five (35) feet unless superseded by a structure height limit noted on the zoning map. (e.g. "HC/(24′)" would limit structure height to twenty-four (24) feet).

2.

Setbacks for developments in the "HC" District are established by the approval of the General Development Plan where such plan is required.

3.

Setbacks for development where a General Development Plan is not required shall be established by the Appropriate Authority through the project review process based on:

a.

Surrounding land use;

b.

Provision of adequate parking and landscaping;

c.

Other site design features.

4.

All minimum setback requirements established by a combining "B" District, setbacks shown on a recorded final map or parcel map, or setback lines shown on a Sectional District map, shall apply.

B.

Building Site Coverage, Maximum: fifty (50) percent, excluding parking and landscaping.

C.

Parking Regulations: All parking shall be established pursuant to Chapter 21.58.

D.

Landscaping Requirements. All developments allowed shall have landscaping covering a minimum of ten (10) percent of the site area subject to a plan approved by the Director of Planning. The landscaping shall be in place prior to the commencement of use.

E.

Lighting Requirements.

1.

For any new development that includes exterior lighting, all exterior lighting shall be consistent with the Design Guidelines for Exterior Lighting adopted by the Board of Supervisors pursuant to Section 21.63.020, unless exempt under Section 21.63.020.D.

2.

Review by the Director of Planning of all exterior lighting associated with any construction permit for consistency with the Design Guidelines for Exterior Lighting and approval by the Director of Planning are required prior to issuance of the construction permit.

3.

Applications for construction permits which are subject to these lighting regulations must include the following information:

a.

Plans indicating the location of each light fixture;

b.

Photometric study, prepared by a licensed engineer, showing existing and proposed lighting intensity in foot-candles for the subject parcel and surrounding parcels; and

c.

Manufacturer's catalog specification sheet for each type of fixture.

d.

The Director of Planning may waive these submittal requirements or request additional information, as deemed necessary on a project by project basis.

F.

Sign Regulations. Signing for all development shall be established pursuant to Chapter 21.60.

(Ord. No. 5135, § 107, 7-7-2009; Ord. No. 5262, § 8, 1-26-2016)

A.

Manufactured dwelling units meeting the standards of Section 21.64.040 are permitted subject to the requirements of any conventional dwelling unit in this Chapter.

B.

The following types of development are subject to Section 21.64.250 (Regulations for the Reduction of Vehicle Trips) of this Title:

a.

Any residential development of twenty-five (25) or more units; or

b.

Any new or expanded commercial or tourist oriented development which will employ fifty (50) or more persons; or

c.

Any new or expanded commercial or tourist oriented development of twenty-five thousand (25,000) gross square feet or more.