Monterey County Municipal Code § 20.38.050 Conditional uses allowed, Coastal Development Permit required in each case…

The purpose of this chapter is to provide a district for the establishment, enhancement and maintenance of the outdoor recreation uses in the County of Monterey.

The regulations set forth in this chapter shall apply in all "OR" districts subject to the provisions of Chapter 20.62 (Height and Setback Exceptions) and Chapter 20.70 (Coastal Development Permits) of this Title.

A. A General Development Plan shall be required prior to the establishment of any recreational development in the Open Space Recreation 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 plans shall be prepared by the developer and submitted for review and approval prior to or concurrent with approval of any required permits for these developments. The plans shall address the long range development and operation of the facilities including physical expansion and new development, operational changes, circulation or transportation 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 and Building Inspection 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 purpose of this chapter.

The following list shall require a Coastal Development Permit regardless of which category of allowed uses it falls into:

A. Development which will cause a Significant Environmental Impact;

B. Development within the Critical Viewshed as defined by Section 20.145.020.V (Big Sur);

C. Development on slopes of thirty (30) percent or greater (twenty-five (25) percent in North County) except as provided for in Section 20.64.230(C)(2) and (3);

D. Ridgeline Development;

E. Development within one hundred (100) feet of mapped or field identified environmentally sensitive habitats;

F. Development with positive archaeological reports;

G. Land divisions;

H. Development of new or expanded agricultural operations if fifty (50) percent or more of the parcel has a slope of ten (10) percent or greater; or where the operation is to occur on soils with a high or very high erosion hazard potential, according to the Soil Conservation Service Soil Survey Manual.

A. Crop and tree farming and grazing of horses, cattle, sheep and goats;

B. Buildings accessory to any principal allowed uses;

C. Water system facilities including wells and storage tanks serving fourteen (14) or fewer service connections, pursuant to Title 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 and Building Inspection;

D. Hiking and equestrian trails;

E. Picnic areas;

F. Primitive camping facilities (Not in DMF);

G. Minimum accessory facilities, such as restrooms, parking accessory to other principal permitted uses;

H. Open air recreation facilities such as parks, athletic fields and swimming pools.

I. Nonprofit recreational uses;

J. Additions to existing, approved wireless communications facilities pursuant to Section 20.64.310.

A. Any structure or use or removal of any vegetation or natural materials not in keeping with the purpose of this chapter;

B. Golf courses and accessory facilities (Not in Big Sur);

C. Public utility uses and accessory structures, not including corporation yards or similar uses;

D. Water system facilities including wells and storage tanks serving fifteen (15) or more service connections;

E. In the Moss Landing area only:

1. Educational or scientific uses and facilities related to the coastal dune environment;

2. Hang-gliding/model airplane launch ports;

3. Public or private riding stables;

4. Academies;

5. Aquaculture;

6. Bait house;

7. Native plant nurseries;

8. Botanic gardens;

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

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

H. Conditional Certificates of Compliance;

I. Subdivisions;

J. Reserved;

K. Revetments, seawalls and cliff retaining walls (not in Big Sur or DMF);

L. Moderate intensity recreational uses including but not limited to: tent platforms, cabins, and on-site dining facilities limited to that necessary to serve on-premises overnight guests (Not in DMF);

M. Other recreational uses of a similar character, density and intensity to those listed in this Section determined by the Planning Commission to be consistent and compatible with the intent of this chapter and the applicable land use plan;

N. Stables and accessory equestrian uses;

O. Employee Housing and maintenance facilities accessory to conditional uses. (Not in North County)

P. Hostels and improved campgrounds not to exceed specified densities of certified land use plans (Not in DMF);

Q. Paved bicycle, jogging and walking paths.

R. Interpretive Centers;

S. Lot Line Adjustments.

T. Wireless communications facilities, pursuant to Section 20.64.310.

A. Minimum Building Site: None

B. Development Density, Maximum: None

C. Structure height and setback regulations: The following structure height and setback regulations apply unless superseded by a structure height limit noted on the zoning map (e.g., "OR (24)" would mean a structure height limit of twenty-four (24) feet), setback requirements when combined with a "B" district, setbacks shown on a recorded final or parcel maps, or setback lines on a Sectional District Map.

1. Main Structures:

a. Minimum Setbacks:

Front: Thirty (30) feet

Side: Twenty (20) feet

Rear: Twenty (20) feet

b. Height:

Maximum Height: Thirty (30) feet

2. Accessory Structures (Habitable):

a. Minimum Setbacks:

Front: To be located on rear one-half of property to a maximum required of fifty (50) feet

Side: Six feet on front one-half of property; one foot on rear one-half of property.

Rear: Six feet

b. Height:

Maximum Height: Fifteen (15) feet

3. Accessory Structures (Non-habitable):

a. Minimum Setbacks:

Front: Fifty (50) feet

Side: Six feet on front one-half of property; one foot on rear one-half of property.

Rear: One foot

b. Height:

Maximum Height: Fifteen (15) feet

4. Accessory structures used are barns, stables or farm out structures shall not be less than fifty (50) feet from the front of the property or twenty (20) feet from the side or rear property line or twenty (20) feet from any residence on the property. The maximum height shall be thirty (30) feet.

D. Minimum Distance Between Structures:

Main Structure: Twenty (20) feet

Accessory/Main Structure: Ten (10) feet

Accessory/Accessory Structure: Six feet

E. Building Site Coverage, Maximum: Ten (10) percent

F. Parking Regulations. Parking for all development shall be established pursuant to Chapter 20.58.

G. Landscaping Requirements. None, except as may be required by condition of approval of a Coastal Administrative or Coastal Development Permit.

H. Lighting Plan Requirements. None, except one may be required by condition of approval of a Coastal Administrative or Coastal Development Permit.

I. Sign Regulations. Signing for all development shall be established pursuant to Chapter 20.60.

J. Building Site Area. The minimum building site area shall be one acre.

A. Vehicle Trip Reduction. The following types of development are subject to Section 20.64.250 (Regulations for the Reduction of Vehicle Trips) of this Title:

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

2. Any new or expanded commercial, industrial or tourist oriented development of twenty-five thousand (25,000) gross square feet or more. None.