Chapter 17.14
COMMERCIAL ZONES

Sections:

17.14.010    Purpose

17.14.020    Purposes of Commercial Zones

17.14.030    Commercial Zone Land Uses and Permit Requirements

17.14.040    Commercial Zone Subdivision Standards

17.14.050    Commercial Zone Site Planning and Building Standards

17.14.060    CMX Frontage and Facade Standards

17.14.070    CA Zone Standards

17.14.010 Purpose

This chapter lists the land uses that may be allowed within the commercial zones established by Section 17.06.020 (Zoning Map and Zones), determines the type of planning permit/approval required for each use, and provides basic standards for site layout and building size.

17.14.020 Purposes of Commercial Zones

The purposes of the individual commercial zones and the manner in which they are applied are as follows:

A.    CMX (Commercial-Mixed Use) zone. The CMX zone is applied to areas of the City identified by the General Plan as appropriate for pedestrian- and transit-oriented activity centers. The CMX zone is intended to accommodate retail stores, offices, theaters, restaurants, and other similar and related uses together with residential units in the context of mixed use, pedestrian-oriented development, although mixed use development is not required. The maximum allowable residential density within the CMX zone for the residential component of a mixed use project is 25 dwelling units per acre; the maximum floor area ratio (FAR) is 2.0. The CMX zone implements and is consistent with the Mixed Use (MX) land use designation of the General Plan.

B.    CC (Community Commercial) zone. The CC zone is applied to areas of the City that are intended for retail and service-oriented business activities primarily serving the local community or neighborhood. Permitted land uses may include restaurants, supermarkets, health clubs, offices, retail sales, services, personal services, and neighborhood-oriented retail uses. The maximum floor area ratio (FAR) is 0.50; except that a maximum FAR of 2.0 is allowed within the Broadway Corridor Specific Plan area designated by the General Plan. The CC zone implements and is consistent with the Community Commercial (CC) land use designation of the General Plan.

C.    CRG (Regional Commercial) zone. The CRG zone is applied to areas of the City that are appropriate for large-scale commercial development with retail, entertainment, and/or service uses, or business parks of a scale and function to serve a regional market. Permitted land uses may include hotels, “big-box” retail, movie theaters, and business parks in the North Seaside area only. The maximum floor area ratio (FAR) is 1.0; except that hotels are allowed a maximum FAR of 3.0. The CRG zone implements and is consistent with the Regional Commercial (RCC) land use designation of the General Plan.

D.    CA (Automotive Regional Commercial) zone. The CA zone is applied to the area covered by the Gateway Auto Center Area Plan, to provide a consolidated area for new automotive dealerships and related and compatible uses. The maximum floor area ratio (FAR) is 1.0. The CA zone is consistent with and implements the Regional Commercial (RGC) land use designation of the General Plan.

E.    CH (Heavy Commercial) zone. The CH zone is applied to areas of the City suitable for wholesale, heavy commercial, and light industrial uses that which are best suited away from areas regularly generating large amounts of pedestrian traffic. The maximum floor area ratio (FAR) is 0.5. The CH zone implements and is consistent with the Heavy Commercial (HC) land use designation of the General Plan.

17.14.030 Commercial Zone Land Uses and Permit Requirements

A.    General permit requirements. Table 2-4 identifies the uses of land allowed by this Zoning Ordinance in each commercial zone, and the planning permit required to establish each use, in compliance with Section 17.10.030 (Permitted Land Uses and Planning Permit Requirements).

B.    Requirements for certain specific land uses. Where the last column in Table 2-4 (“Specific Use Regulations”) includes a section number, the referenced section may affect whether the use requires a Zoning Clearance, Minor Use Permit, or Use Permit, and/or may establish other requirements and standards applicable to the use.

TABLE 2-4 – Allowed Land Uses and Permit Requirements for Commercial Zones 

P    Permitted Use, Zoning Clearance required

CMX    – Commercial Mixed Use

MUP    Minor Use Permit required (see Section 17.62.070)

CC    – Community Commercial

UP    Use Permit required (see Section 17.62.070)

CRG    – Regional Commercial

CUP    Conditional Use Permit required

 

 

 

 

 

 

–    Use not allowed

CA    – Automotive Regional Commercial

 

CH    – Heavy Commercial

LAND USE (1)

PERMIT REQUIRED BY ZONE

Specific Use Regs

CMX

CC

CRG

CA

CH

INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING

Artisan/craft product manufacturing

UP

UP

–

–

P

 

Cannabis cultivation

MUP*

–

–

–

–

SMC Title 19

Cannabis manufacturing

MUP

MUP

–

–

MUP

SMC Title 19

Cannabis microbusiness(7)

MUP

MUP

MUP

MUP

MUP

SMC Title 19

WBUV(8)

Cannabis related processing

MUP

MUP

–

–

MUP

SMC Title 19

Cannabis research and development

MUP

MUP

–

–

MUP

SMC Title 19

Cannabis retail(9)

CUP

CUP

CUP

CUP

CUP

SMC Title 19

WBUV(10)

Cannabis testing

P

P

–

P

P

SMC Title 19

Laboratory – Analysis, research and development, testing

–

–

–

–

P

 

Laundry, dry cleaning plant

–

–

–

–

P

 

Manufacturing/processing – Light

–

–

–

–

P

 

Printing and publishing

–

–

–

–

P

 

Recycling facility – Reverse vending machine

MUP

MUP

MUP

MUP

MUP

17.52.210

Recycling facility – Small collection facility

UP

MUP

MUP

–

MUP

17.52.210

Recycling facility – Large collection facility

–

–

–

–

MUP

17.52.210

Recycling facility – Processing facility

–

–

–

–

UP

17.52.210

Recycling facility – Scrap and dismantling yard

–

–

–

–

UP

17.52.210

Research and development (R&D)

–

–

UP

–

P

 

Storage – Outdoor

–

–

–

–

UP

 

Storage – Personal storage facility (mini-storage)

–

–

–

–

UP

 

Storage – RVs, boats

–

–

–

–

UP

 

Storage – Warehouse, indoor storage

–

–

–

–

UP

 

Wholesaling and distribution

–

–

–

–

UP

 

RECREATION, EDUCATION & PUBLIC ASSEMBLY

Adult oriented business

–

–

–

–

UP

17.50

Commercial recreation facility – Indoor

MUP

UP

UP

–

–

17.52.060

Commercial recreation facility – Outdoor

–

–

UP

–

–

 

Conference/convention facility

–

–

UP

–

–

 

Health/fitness facility

MUP

P

P

–

–

 

Library or museum

MUP

MUP

P

–

–

 

Mechanical and electronic games and game centers

P

P

P

–

–

 

Club, church, community center, lodge, or meeting facility, public or private

UP

UP

UP

–

UP

 

Public dance and entertainment (3) See Muni Code

UP

UP

UP

–

–

 

School – Public or private

–

–

UP

–

–

 

School – Specialized education/training

UP

UP

UP

–

–

 

Sports and entertainment assembly

UP

UP

UP

–

–

 

Studio – Art, dance, martial arts, music, etc.

P

P

P

–

–

 

Theater, cinema or performing arts

UP

–

UP

–

–

 

RESIDENTIAL

Caretaker unit

MUP

–

–

–

MUP

 

Emergency/transitional shelter

UP

P

–

–

–

17.52.100

Home occupation

P

P

P

–

–

17.52.120

Multi-family housing

UP

–

–

–

–

17.52.180

Mixed use project with a residential component

MUP

UP

UP

–

–

17.52.160

Residential care facility, 7 or more clients

–

UP

–

–

–

 

Live/work unit

UP

UP

–

–

UP

17.52.130

RETAIL

Alcoholic beverage sales (3)

UP

UP

UP

–

–

 

Art, antique, and collectables stores

P

P

P

–

–

 

Art gallery

P

P

P

–

–

 

Artisan shop

P

P

–

–

–

 

Auto and vehicle rental

–

UP

UP

P

UP

 

Auto and vehicle sales, new vehicles, w/ accessory used sales and/or Minor and Major Vehicle Service

–

–

–

P(5)

UP

 

Auto and vehicle sales, used vehicles only

–

–

–

–

UP

 

Auto parts sales

–

–

UP

P(5)

P

 

Auto restoration and sale, collectible cars

–

–

–

P

UP

17.52.030

Bar/tavern

UP

UP

UP

–

–

 

Big box retail

–

–

UP

–

–

 

Building and landscape materials sales – Indoor

–

UP

P

–

P

 

Building and landscape materials sales – Outdoor

–

UP

UP

–

P

 

Cannabis dispensary

UP

–

UP

–

–

 

Construction and heavy equipment sales and rental

–

–

–

–

UP

 

Convenience or liquor store

UP(4)

UP(4)

UP(4)

–

–

17.52.080

Drive-through retail or service

UP(4)

UP

UP(4)

–

–

17.52.090

Drug store

P

P

P

–

–

 

Tobacco or electronic cigarette retailer

–

–

–

–

UP

8.39

Entertainment activities – not associated with night club

P

P

 

 

 

 

Equipment rental – Indoor

–

P

P

–

P

 

Equipment rental – With outdoor storage

–

–

–

–

UP

 

Fuel dealer

–

–

–

–

UP

 

Furniture, furnishings and appliance store

P

P

P

–

P

 

General retail – 5,000 sf or larger (3)

MUP

P

P

–

–

 

General retail – Less than 5,000 sf (3)

P

P

P

–

–

 

Grocery or specialty food store – 5,000 sf or larger (3)

P

UP

P

–

–

 

Grocery or specialty food store – Less than 5,000 sf (3)

P

P

P

–

–

 

Medical cannabis and adult cannabis dispensaries

UP

UP

UP

–

–

19.02

Mobile home, boat, or RV sales

–

–

–

–

UP

 

Motorcycle sales, new, with accessory used sales

–

–

–

P

UP

 

Night club

UP

UP

UP

–

–

 

Outdoor retail sales and activities

P

P

P

–

–

17.52.190

Restaurant, cafe, coffee shop – Table service (3)

P

P

P

–

P

 

Restaurant, cafe, coffee shop – Counter service (3)

UP

UP

UP

–

–

 

Restaurant – Fast food (3)

UP

–

UP

–

–

 

Service station

–

UP

UP

UP

UP

17.52.250

Speculative retail building

UP

UP

UP

–

–

 

Shopping center

UP

UP

UP

–

–

 

Second hand store

–

P

–

–

–

 

Vapor lounge

–

–

–

–

–

8.39.030

Winery/wine tasting

MUP

MUP

MUP

–

–

 

SERVICES – BUSINESS, FINANCIAL, PROFESSIONAL

Automatic teller machine (ATM)

P

P

P

P

P

 

Bank, financial services

P

P

P

–

–

 

Business park

–

–

UP

–

–

 

Business support service

P

P

P

–

–

 

Medical services – Clinic, urgent care

UP

P

UP

–

–

 

Medical services – Doctor office

MUP(2)

P

–

–

–

 

Medical services – Extended care

UP

–

–

–

–

 

Medical services – Laboratory

UP

P

UP

–

–

 

Medical services – Hospital

–

–

UP

–

–

 

Office – Accessory

P

P

P

P

P

 

Office – Business/service

P

P

P

–

P

 

Office – Government

P

UP

–

–

–

 

Office – Processing

P

–

P(3)

–

–

 

Office – Professional/administrative

P

P

P

–

–

 

Office – Temporary

MUP

MUP

MUP

MUP

MUP

 

Office – Temporary real estate

MUP

MUP

MUP

–

–

 

Veterinary clinic – Animal hospital, without boarding

–

UP

–

–

UP

 

Veterinary clinic – Animal hospital, with boarding

–

–

–

–

UP

 

SERVICES – GENERAL

Brewery with Restaurant

UP

UP

UP

–

UP

 

Catering service

–

MUP

MUP

–

P

 

Daycare, child – Large or small family daycare home

(1 to 14 children)

P(11)

P(11)

P(11)

–

–

17.52.050

Daycare facility, child – Daycare center

UP(5)

UP

UP

–

–

17.52.050

Construction contractor base

–

–

–

–

P

 

Drive-through retail service

–

UP(3)

UP(3)

–

–

 

Kennel, animal boarding

–

–

–

–

UP

 

Lodging – Hotel or motel

UP

UP

UP

–

–

 

Maintenance facility

–

–

–

–

UP

 

Maintenance service – Client site services

–

–

–

–

P

 

Mortuary, funeral home

–

UP

–

–

–

 

Personal services

P

P

P

–

–

 

Personal services – Restricted

–

–

–

–

UP

 

Public facility

UP

UP

UP

UP

UP

 

Public safety facility

UP

UP

UP

UP

UP

 

Repair service – Equipment, large appliances, etc.

–

–

–

–

P

 

Social service organization

UP

UP

–

–

–

 

Therapeutic massage

UP

UP

–

–

–

 

Vehicle services – Major repair/body work

–

–

–

UP

P

 

Vehicle services – Minor maintenance/repair

–

–

UP

UP

P

 

Youth Hostel

UP

–

–

–

–

 

TRANSPORTATION, COMMUNICATIONS & INFRASTRUCTURE

Broadcasting studio

MUP(2)

MUP

–

–

MUP

 

Parking facility, public or commercial

UP

UP

UP

UP

UP

 

Specialized transportation dispatch facility

–

–

–

–

UP

 

Telecommunications facility

UP

UP

UP

UP

UP

17.54

Transit station or terminal

UP

–

UP

–

UP

 

Utility facility

UP

UP

UP

UP

UP

 

Vehicle storage

–

–

–

–

UP

 

Notes:

(1)    See Article 7 for land use definitions.

(2)    Office – Business/service may be allowed on ground floor with Minor Use Permit.

(3)    Accessory “Alcoholic Beverage Sales” for all land uses shall require the approval of a Use Permit in accordance with Section 17.62.070.

(4)    Use limited to the establishments existing in the City as of December 4, 2006.

(5)    Only allowed as an accessory use to a new car sales agency.

(6)    Loading and unloading activity is prohibited from occurring with the public right-of-way or a nondesignated loading zone.

(7)    A Minor Use Permit for a Cannabis Microbusiness shall not result in a new Cannabis Retail business. An existing Cannabis Retail business to be reclassified as a Cannabis Microbusiness shall require a new Conditional Use Permit in accordance with Title 19.

(8)    In the West Broadway Urban Village, a Cannabis Microbusiness requires a Minor Use Permit.

(9)    Cannabis Retail businesses require a Conditional Use Permit in accordance with Title 19.

(10)    In the West Broadway Urban Village, a Cannabis Retail business requires a Conditional Use Permit in accordance with Title 19.

(11)    Only allowed as part of a legally established residential use (mixed-use or legal nonconforming): see Chapter 17.98 for definitions of family daycare home.

*    Only facing the alleyway between Broadway Ave. and Olympia St. and Olympia St.

(Ord. 2006 § 1(D) (Exh. D), 2021; Ord. 2005 § 3 (Exh. A), 2021;Ord. 1091 § 4 (Exh. A), 2020; Ord. 1087 § 4 (Exh. B), 2020; Ord. 1086 § 1(C) (Exh. C), 2020; Ord. 1069 § 4, 2019; Ord. 1048 § 2(1), 2018; Ord. 1046 § 1(A), 2018; Ord. 1043 § 3, 2017; Ord. 1030 § 4 (Exh. A), 2016)

17.14.040 Commercial Zone Subdivision Standards

A.    Each subdivision shall comply with the minimum parcel size requirements shown in Table 2-5 for the applicable zone. Parcel size shall be determined as the gross lot area of the subject parcel.

B.    The minimum parcel size requirements for a specific subdivision are determined by the review authority as part of subdivision approval. The review authority may require one or more parcels within a specific subdivision to be larger than the minimums required by this table based on potential environmental impacts, the physical characteristics of the site or surrounding parcels, and/or other factors.

C.    A condominium or other common interest project may be subdivided with smaller parcels for ownership purposes, with the minimum lot area determined through subdivision review; provided, that the overall development site complies with the minimum parcel size, and the total number of any allowed dwellings complies with the maximum density for the applicable zone.

TABLE 2-5 – MINIMUM PARCEL SIZE STANDARDS

Zone

Minimum Parcel Size

Minimum Area

Minimum Width

 

CMX

4,000 sf

40 ft

CC

4,000 sf

40 ft

CRG

20,000 sf

100 ft

CA

None

None

CH

12,000 sf

100 ft

17.14.050 Commercial Zone Site Planning and Building Standards

A.    General standards. Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-6 in addition to the applicable development standards (e.g., landscaping, parking and loading) in Article 3.

TABLE 2-6 – COMMERCIAL ZONE DEVELOPMENT STANDARDS 

Development Feature

Requirement by Zone(1)

 

CMX

Commercial Mixed Use

CC

Community Commercial

Residential density

Maximum number of dwelling units allowed in a project. The actual number of units allowed will be determined by the City through subdivision or planning permit approval, as applicable.

Maximum density

 

1 dwelling unit for each 1,742 sf of site area.

1 dwelling unit for each 1,742 sf of site area.

Setbacks

Minimum setbacks required for primary structures. See Section 17.30.100 for exceptions to these requirements.(2)

Front

 

0 ft (none required)

0 ft (none required)

Side – Interior

 

0 ft (none required)

0 ft (none required)

Side – Street side

 

0 ft (none required)

0 ft (none required)

Rear

 

0 ft (none required)

0 ft (none required)

Floor area ratio (FAR)

Maximum floor area ratio allowed.(3)

Maximum FAR

 

2.0

2.0 in Broadway Corridor Specific Plan area; 0.50 elsewhere.

Height limit

Maximum allowable height of structures. See Section 17.30.030 (Height Limits and Exceptions) for height measurement requirements and height limit exceptions.

Maximum height

 

Lesser of 4 stories or 48 ft

Lesser of 4 stories or 48 ft

Fencing

See Section 17.30.020 (Fences, Walls, Hedges, and Screening)

Landscaping

See Section 17.30.040 (Landscaping Standards)

Parking

See Chapter 17.34 (Parking and Loading)

Signs

See Chapter 17.40 (Signs)

Notes:

(1)    See Chapter 17.52 (Standards for Specific Land Uses).

(2)    See Section 17.30.100 for setback requirement on a block with existing development.

(3)    Area within parking garages is not included in calculation.

TABLE 2-6 – COMMERCIAL ZONE DEVELOPMENT STANDARDS 

Development Feature

Requirement by Zone (1)

CRG

Regional Commercial

CA

Automotive Regional Commercial

CH

Heavy Commercial

Residential density

Maximum number of dwelling units allowed in a project. The actual number of units allowed will be determined by the City through subdivision or planning permit approval, as applicable.

Maximum density

No residential allowed

No residential allowed

No residential allowed

Setbacks

Minimum setbacks required for primary structures. See Section 17.30.100 for exceptions to these requirements.(2)

Front

0 ft (none required)

See Section 17.14.070

10 ft

Side – Interior

30 ft total, 18 ft minimum on one side and 12 ft minimum on the other.

None required

None required

Side – Street side

Same as front

None required

None required

Rear

0 ft (none required)

None required

None required

Floor area ratio (FAR)

Maximum floor area ratio allowed. (3)

Maximum FAR

3.0 for hotels; 1.0 for other uses.

1.0

0.50

Site coverage

Maximum percentage of the total lot area that may be covered by structures and pavement.

Maximum coverage

90%, see Subsection 17.34.110.E.4

40%, exclusive of carport-type display structures.

90%

Height limit

Maximum allowable height of structures. See Section 17.30.030 (Height Limits and Exceptions) for height measurement requirements, and height limit exceptions.

Maximum height

Lesser of 6 stories or 72 ft

50 ft

Lesser of 3 stories or 36 ft

Fencing

See Section 17.30.020 (Fences, Walls, Hedges, and Screening)

Landscaping

See Section 17.30.040 (Landscaping Standards)

Parking

See Chapter 17.34 (Parking and Loading)

Signs

See Chapter 17.40 (Signs)

Notes:

(1)    See Chapter 17.52 (Standards for Specific Land Uses).

(2)    See Section 17.30.100 (Setback Requirements and Exceptions).

(3)    Area within parking garages is not included in calculation.

17.14.060 CMX Frontage and Facade Standards

A.    Purpose. The requirements of this section are intended to provide for pedestrian orientation and traditional building form in the CMX zones. A principal design objective of this section is for the street frontages in this zone to have continuous building facades with as few interruptions as possible in the progression of stores and other buildings, creating attractive, pedestrian oriented streetscapes.

B.    Applicability. The requirements of this section apply to proposed development within the CMX (Commercial Mixed Use) zone. Each new nonresidential structure, and all alterations to existing structures involving any change in the facade at the street frontage, shall comply with the standards of this section. The review authority may approve minor variations to these standards as deemed appropriate; provided, that the review authority also first finds that the minor variation will still produce a new or altered building that complies with the intent of this section.

C.    Building placement. Each building shall be designed so that its front facade occupies 100 percent of its front property line. The review authority may grant exceptions to this requirement for:

1.    A driveway that is necessary because no side street, alley, or easement can provide access to required parking on the rear of the lot;

2.    The initial phases of a multi-phased building project that will occupy the entire frontage upon completion;

3.    A multiple building project proposed with a pedestrian-only plaza occupying a portion of the street frontage;

4.    A pedestrian corridor; or

5.    A view corridor to on- or off-site natural features, or pedestrian areas on the rear portions of the site.

D.    Building design and architectural elements. Each building shall be designed to comply with the following requirements:

1.    Formula design prohibited. The architectural style and exterior materials of each proposed structure shall be designed based upon the architectural traditions of Monterey County, the architectural styles prevalent in the site vicinity, and the characteristics of the site, as determined by the review authority. The review authority shall not approve a building proposed with architectural features substantially similar to those found in other communities on buildings operated by the same corporate or franchise entity, unless the review authority determines that the similar features are also reflective of local architectural traditions and styles.

2.    Facade articulation. To encourage visual continuity and pedestrian activity, at least 60 percent of the total street frontage ground floor length of any new or reconstructed building shall be differentiated architecturally by recessed windows and entries, display windows, offset surfaces, differentiated piers and columns, offset planes, textured materials, awnings, or other details or displays of interest to pedestrians.

3.    Windows. Clear, untinted glass shall occupy at least 80 percent of the ground-floor street-fronting facades of each building, to allow maximum visual interaction between sidewalk areas and the interior of buildings. Mirrored, reflective glass or tinted glass shall not be used except as an architectural or decorative accent. After installation, clear glass windows shall not later be treated or so as to become opaque, or to be blocked so as to prevent visibility of the ground floor interior from the sidewalk.

4.    Railings and decorative grilles. Any decorative railing or grille work that is placed behind street level windows shall be at least 75 percent open to perpendicular view and no more than six feet in height above grade. No security gate or grille shall be installed on the exterior of any structure.

5.    Upper story design features. A minimum of 50 percent of the building frontage width above the first story shall be differentiated by recessed windows, balconies, offset planes, or other architectural details that provide dimensional relief.

E.    Pedestrian access to buildings. The primary entrance of each ground floor use shall be located within the primary building frontage, and shall be recessed a minimum of three feet when accessed from the public right-of-way. Walk-up facilities and entries shall be recessed and provide adequate queuing space to avoid interruption of pedestrian flow.

17.14.070 CA Zone Standards

Proposed development and new land uses within the CA (Automotive Regional Commercial) zone shall comply with the standards and guidelines as established under Chapter 17.16 (Automotive Regional Commercial (CA) Zone Standards), where applicable, in addition to the requirements of Section 17.14.050 (Commercial Zone Site Planning and Building Standards).