Chapter 23.64 GENERAL PROVISIONS AND EXCEPTIONS

The regulations specified for this title shall be subject to the general provisions and exceptions found in this chapter. [Ord. 210 N.S. § 11-141(1), 1952].

23.64.020 Use permit – Circus, open-air theater, racetrack.

No circus, carnival, amusement park, open-air theater, racetrack, private recreation center, or other similar establishment shall be established in any district where permitted, unless and until a use permit is first secured for the establishment, maintenance and operation of such use. [Ord. 210 N.S. § 11-141(1)(a)(1), 1952].

23.64.030 Use permit – Dancehall, roadhouse, nightclub, etc.

Repealed by Ord. 13-003. [Ord. 210 N.S. § 11-141(1)(a)(2), 1952].

23.64.035 Coin-operated amusement devices.

For the purposes of this section, an “arcade” shall be defined to mean any place in which any coin-operated amusement device has been installed for purposes of use and operation by the public upon payment of a consideration. Such term shall include a “video” game, or any device or machine played for amusement in exchange for payment of a consideration, howsoever activated.

(a) It is unlawful to operate, maintain, or offer for operation more than two such devices or machines at any one location, business, or establishment within the city of Pacific Grove, or to operate, maintain or offer for operation any such device or machine, at any location without a use permit when a use permit is required under this section.

(b) Any coin-operated vending or amusement machines displayed outside of a building shall require a separate administrative use permit.

(c) A use permit from the planning commission shall be required for any location as to which the planning commission finds, after hearing upon 10 days’ notice, that personal supervision has not been at all times provided for the use of any such device or machine by the public. The planning commission shall establish appropriate terms and conditions, including review periods, for the issuance or denial or revocation of any such use permit. The provisions of this section shall apply in lieu of PGMC 23.31.030 for any use permit for any device or machine herein described. [Ord. 13-003 § 18, 2013; Ord. 1322 N.S. § 1, 1983; Ord. 1298 N.S. § 1, 1982].

23.64.040 Accessory uses in C, I, U districts.

Accessory uses and buildings in any C, I, or U district may be permitted where such uses or such accessory building shall be allowed only when constructed concurrent with or subsequent to the main building. [Ord. 210 N.S. § 11-141(1)(a)(3), 1952].

23.64.050 Use permit – Parking lots – R district.

Public or private parking lots for automobiles may be permitted in any R district adjacent to any C or I district, providing a use permit shall first be obtained in each case. [Ord. 210 N.S. § 11-141(1)(a)(4), 1952].

23.64.055 Use permit – Downtown public gathering area.

Public gatherings and events, other than parades specified in Chapter 16.60 PGMC, may be allowed on the public streets rights-of-way within the bounds of the downtown commercial area “D” designation, as depicted on the Pacific Grove general plan land use map of commercial areas. Single occasion events, and special events approved by the city council in accord with the council special events policy, shall not require a use permit. Events that occur multiple times in any 12-month period within the public right-of-way shall require a use permit. Closures of the public right-of-way associated with either recurring and nonrecurring events shall be coordinated with the city manager to ensure emergency access, traffic flow and parking are appropriately managed during the public gathering. [Ord. 08-014 § 2, 2008].

23.64.060 Use permit – Public buildings, parks, etc.

Churches, schools, hospitals, parks and playgrounds, public utility, and public and quasi-public buildings may be permitted in any district, except the O district, providing a use permit shall first be obtained in each case. [Ord. 20-001 § 2 (Exh. A), 2020; Ord. 13-003 § 18, 2013; Ord. 96-15 § 1, 1996; Ord. 210 N.S. § 11-141(1)(a)(5), 1952].

23.64.063 Use permit – Wireless telecommunications facilities.

(a) This section governs use permits for installation or modification of wireless telecommunications facilities outside of the rights-of-way, except wireless eligible facilities and temporary wireless facilities, which are permitted as otherwise provided in this title, but shall be subject to subsection (g) of this section.

(b) Wireless telecommunications facilities may be permitted in any district providing a use permit shall first be obtained in each case.

(c) With the exception of use permits for wireless eligible facilities and temporary wireless facilities, the city may only issue a use permit in any of the following locations if an applicant shows that the issuance of the permit is required by federal law:

(1) Any residential district;

(2) The planned unit development district;

(3) Within 300 feet of or within the Monarch Butterfly Sanctuary;

(4) Within any environmentally sensitive area (ESHA); or

(5) Within any public view corridors outside the public right-of-way which is regulated under separate authority.

(d) In the O district, except for wireless telecommunications facilities placed on existing supporting structures, and complying with the city’s wireless design standards, a use permit may only issue if an applicant shows that the city is required by federal law to issue the permit.

(e) In all other districts, a use permit may only be issued if applicant proposes a facility that complies with design standards in the city’s wireless design standards or if applicant shows that the city is required by federal law to issue a permit.

(f) Notwithstanding the subsections (c) and (d) of this section, a use permit may issue if applicant proposes a facility that complies with the city’s wireless design standards and be placed upon:

(1) City Hall or other city-owned buildings.

(2) City of Pacific Grove sewage treatment plant tanks adjacent to the PG Municipal Golf Course.

(3) Golf course poles used to hang protective netting except along the perimeter of the fifth hole.

(4) New, existing or replacement structures in any parking lot.

(5) New, existing or replacement structures at the California American (Cal Am) Water Reservoir on Hillcrest Avenue.

(6) Existing or replacement supporting structures installed for lighting purposes.

(g) Minimum Standards.

(1) Every wireless telecommunications facility must comply at all times with FCC standards for radiofrequency (“RF”) emissions as now existing or as hereafter amended.

(2) Every wireless telecommunications facility must comply with other applicable laws and regulations, including the Americans with Disabilities Act.

(3) No wireless telecommunications facility may be installed speculatively.

(4) Every wireless telecommunications facility shall comply with the city’s wireless design standards unless an application shows that:

(A) The city is required to issue the permit under federal law and the proposed wireless telecommunications facility varies from the wireless design standards only to the extent required in order to comply with federal law; or

(B) Because of unique characteristics of the location proposed, the design proposed better serves the city’s wireless design goals than designs otherwise preferred under the wireless design standards.

(5) Any permit for a wireless telecommunications facility shall be limited to a period of 10 years, except that permits for temporary wireless facilities shall be for the shortest period consistent with the purpose for which the permit is issued. A permit for modification of a wireless telecommunications facility does not alter the duration of the underlying permit.

(h) Wireless Design Standards.

(1) The community development director shall prepare wireless design standards, which may be approved and amended by city council resolution.

(2) The wireless design standards shall prescribe designs for installation and modification of wireless telecommunications facilities consistent with this section and the general plan, so that permitted wireless telecommunications facilities are installed and modified in a manner that minimizes the impacts on the community, conceals the facilities as far as possible, avoids risks to public safety and complies with applicable law, avoids placement of aboveground facilities in underground areas, and maintains the integrity and character of the neighborhoods in which the facilities are located.

(3) Wireless design standards may be developed for temporary wireless facilities and for placement of wireless facilities on property owned and controlled by the city whether or not subject to a use permit.

(i) Municipally Owned or Controlled Supporting Structures and Property.

(1) While the placement of wireless telecommunications facilities may be submitted for review, in accordance with the PGMC, the review authority cannot grant access, and access shall only be by agreement, approved by the city, which agreement shall specify the designs that may be used at particular locations. City finds that it is in its interests as proprietor of these supporting structures or property to control the design of the structures used, in the same manner as any owner of a facility, and to prevent any change in the design without its permission, even if such design is also subject to review by the planning commission. In exercising its decision to agree to access to a supporting structure or property, the city will generally consider factors and consider designs consistent with this section and the Wireless Design Manual. Any design must be consistent with the supporting structure to be used, and the property on which it will be located and result in no uncompensated cost to city. Without limitation, for example, the design for a wireless telecommunications facility to be attached to a light pole in a parking lot must be consistent with designs in use at the same location. 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 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 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. The agreement is not in lieu of any use permit or other permit required by the PGMC.

(j) Pre-Approval of Designs.

(1) A person who wishes to install a wireless telecommunications facility with a design that does not comply with the Wireless Design Manual, 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 telecommunications facility within the meaning of this section, and must be submitted with a clear statement that consideration of the request is not subject to any FCC shot clock. The purpose of permitting the request is to permit, encourage development of, and provide a means for public consideration of those designs.

(2) 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 to the city council that it find that the design serves the purposes of this section, and recommend that the design be included as an approved design within the Wireless Design Manual for particular areas within the city. A facility pre-approved for an industrial area need not be pre-approved for any other area.

(3) The council may pre-approve the design, and, if approved, it shall be included in the Wireless Design Manual. The council may require any design to be removed from the Wireless Design Manual, or restricted in use at any time. [Ord. 20-001 § 2 (Exh. A), 2020].

23.64.065 Use permit – Group quarters.

As defined in Chapter 23.08 PGMC, group quarters may be permitted, provided a use permit shall first be obtained in each case, but only in those areas of R districts defined on the general plan land use map. [Ord. 13-003 § 18, 2013; Ord. 1985 N.S. § 1, 1995].

23.64.067 Use permit – Integral group quarters facilities.

As defined in Chapter 23.08 PGMC, integral group quarters facilities may be permitted in all residential zones, subject to the following conditions, and provided a use permit shall first be obtained in each case.

(a) No more than one household shall occupy each such residential housing unit.

(b) No more than one such residential housing unit shall be permitted on any parcel that is separate from the property upon which the affiliated group quarters facility is located.

(c) No more than two such residential housing units shall be permitted on any block as long as the parcels upon which the units are located are at least 300 feet apart at their closest points.

(d) Each such residential housing unit must have an independent, noninstitutional appearance. Exterior areas surrounding such residential housing units must be paved and landscaped in a manner similar to other single-family homes on the block, but distinguished from any other integral group quarters facility on the block. Access to the integral group quarters facility grounds must be limited to residents and invitees of the integral group quarters facility’s resident(s).

(e) For each residential housing unit that is part of an integral group quarters facility, the owner shall pay to the city an annual fee established by council resolution.

(f) This section does not affect single-family homes licensed as a residential care facility for the elderly (RCFE) for six or fewer persons. RCFEs are treated in accordance with state law. [Ord. 13-008 § 3, 2013].

23.64.070 Use permit – Earth, mineral removal.

The removal of minerals, earth and other natural materials, may be permitted in any district, providing a use permit shall first be obtained in each case. [Ord. 210 N.S. § 11-141(1)(a)(6), 1952].

23.64.080 Commercial uses – R-1, R-2 districts.

Commercial uses shall be prohibited in any R-1 or R-2 district except where existing as a nonconforming use. [Ord. 210 N.S. § 11-141(1)(a)(7), 1952].

23.64.090 Commercial uses – R-3 district.

Commercial uses shall be prohibited in any R-3 district, except where incidental and accessory to any use permitted within the district, or where existing as a nonconforming use. [Ord. 210 N.S. § 11-141(1)(a)(8), 1952].

23.64.110 Family daycare homes.

(a) Small family daycare homes, as defined in Division 2, California Health and Safety Code, shall be treated as an allowed residential use, to the extent required by said Division 2.

(b) Establishment of a large family daycare home as defined in Division 2, California Health and Safety Code, may be allowed as a residential use, subject to first securing a use permit from the community development director. Review of said use permit application shall be to the extent allowed under applicable provisions of said Division 2. [Ord. 1634 N.S. § 1, 1988; Ord. 1534 N.S., 1986; Ord. 1065 N.S. § 9, 1979; Ord. 561 N.S., 1966; Ord. 382 N.S., 1962; Ord. 210 N.S. § 11-141(1)(a)(10), 1952].

23.64.115 Food service establishments.

(a) Applications for use permits for food service establishments shall be accepted and processed under the terms of Chapter 23.72 PGMC.

(b) No use permit application shall be accepted, processed or considered for a food service establishment having all of the following characteristics:

(1) It specializes in short order or quick service food service;

(2) It serves food primarily in paper, plastic or other disposable containers;

(3) It delivers food or beverage products in such a manner that customers may remove such food or beverage products from the food service establishment for consumption;

(4) It is a formula food service establishment required by contractual or other arrangements to operate with standardized menus, ingredients, food preparation, architecture, decor, uniforms, or similar standardized features. [Ord. 1999 N.S. § 3, 1995].

23.64.119 Garden structures.

Garden structures are allowed, subject to the following standards:

(a) A garden structure shall not encroach onto a public right-of-way.

(b) If a garden structure has an area of 24 square feet or less, it may have a solid roof.

(c) If a garden structure has an area greater than 24 square feet, its roof shall be at least half open to the elements, with no solid roof portion greater in area than 24 square feet.

(d) A garden structure 70 square feet or less in area may encroach into a required side yard or rear yard setback, but if greater than six feet in height, shall be located at least three feet from the property line, with the following exceptions:

(1) If the property line faces a street or alley, one garden structure, over a gate or walkway, shall be allowed on the outward-facing property line. Such structures shall be no more than 24 square feet in area and shall be nine feet or less in height.

(2) In each side yard setback, a single garden structure over a gate or walkway is allowed to encroach up to the property line. Such structures shall be nine feet or less in height, and shall not have a depth greater than two feet.

(e) In required front yard setbacks, one garden structure is allowed over a gate or walkway. Such structures shall be no more than 24 square feet in area with a height of nine feet or less, and may be located either in the setback or on the front property line.

(f) Vertical trellises that serve the same function as a fence shall be treated as a fence under PGMC 23.64.130.

(g) Garden structures exceeding these standards may be allowed with a minor administrative use permit pursuant to PGMC 23.70.030(b)(7)(B). Garden structures outside of required setbacks do not require a community development department permit. [Ord. 12-003 § 11, 2012].

23.64.120 Height limits – Chimneys, flagpoles, clock towers, etc.

Chimneys, cupolas, flagpoles, monuments, water tanks, clock towers and similar structures and mechanical appurtenances may be permitted in excess of height limits provided a use permit is first obtained in each case. No portion of a chimney which extends above the height limit in any R district shall have an area over 20 square feet at any cross-section, nor a height more than two feet above the applicable limit. Wireless communications facilities concealed as such structures are subject to height limits and design standards as specified in the Wireless Design Manual. [Ord. 20-001 § 2 (Exh. A), 2020; Ord. 1307 N.S. § 4, 1982; Ord. 210 N.S. § 11-141(1)(b)(1), 1952].

23.64.130 Height limits – Fences, hedges, or other visual obstructions.

(a) Fences, hedges, screen plantings, or other visual obstructions (other than allowed garden structures) are hereafter limited to four feet in height forward of the front yard setback line, six feet in height on the front yard setback line, and six feet in height to the rear of the front yard setback along the property lines and within required setback areas.

(b) Exceptions Pertaining to Corner Lots. The purpose of this subsection is to promote traffic safety by maintaining unrestricted visibility at corners.

(1) Corner Lots Whose Intersecting Corner Property Lines Are Two Straight Lines. The height limit for a fence, hedge, screening or other visual obstruction for a corner lot whose intersecting corner property lines are two straight lines shall not exceed three feet in height within an area represented by a triangle whose apex is the property corner nearest the intersection and whose other two vertices are points located 20 feet away from the apex as shown in Figure 1.

(2) Corner Lots Whose Intersecting Corner Property Lines Are Found Along a Curve. The height limit for a fence, hedge, screening or other visual obstruction for a corner lot whose corner property lines are found along a curve shall not exceed three feet in height within the area of a polygon whose apex is the midpoint of the arc at the corner and whose furthermost vertices are points located 20 feet away from the apex as shown in Figure 2.

(3) In the event that a corner lot has intersecting corner property lines that do not precisely conform to the characteristics defined in this section, the chief planner shall define the area in which no visual obstruction shall exceed three feet in height in a manner so as to prevent a traffic hazard.

(c) A tree shall not be considered a visual obstruction. However, to maximize unrestricted visibility, a property owner shall be required to trim trees in areas covered by this section, as directed by the chief planner.

(d) Exceptions Pertaining to Deer Fencing. The purpose of this subsection is to allow for protection of property from deer.

(1) Deer fencing may be permitted up to six feet in height along the front property line to the front of any dwelling if an administrative use permit is first obtained.

(2) The following materials, or materials of similar aesthetics and durability, shall be used: two-inch by four-inch or four-inch by four-inch galvanized metal wire, with wrapped (not welded) joints for durability, in black, green or metallic finishes, or transparent or semi-transparent aviary mesh screen, in black or green.

(3) Deer fencing may be constructed with wood, metal, or fiberglass posts or attached at the top of an existing, and otherwise conforming, fence.

(e) Exceptions Pertaining to Fences on Retaining Walls.

(1) For retaining walls located on a property line, a fence constructed on top of the wall shall be measured from the grade level on the higher side, as shown in Figure 3, with a combined height limited to four feet in height forward of the front yard setback line along the property lines, and six feet in height to the rear of the front yard setback along the property lines. From the lower side, the combined height shall be limited to six feet in height forward of the front yard setback line along the property lines and eight feet in height to the rear of the front yard setback along the property lines.

(2) For retaining walls located entirely on a single property, a fence constructed on top of a retaining wall shall be measured from the grade level of the same property, with a combined height limited to four feet in height forward of the front yard setback line and six feet in height to the rear of the front yard setback.

(3) If a fence is on one property and the retaining wall on the abutting property, regardless of the retaining wall height, and as measured from the grade level on the property where the fence is located, the maximum fence height is limited to four feet in height forward of the front yard setback line and six feet in height to the rear of the front yard setback, as measured from the grade level of the property upon which the fence is located.

(f) A height greater than otherwise allowed in this section may be permitted if an administrative use permit is first obtained. [Ord. 12-003 § 11, 2012; Ord. 1884 N.S. § 1, 1993; Ord. 210 N.S. § 11-141(1)(b)(2), 1952].

23.64.134 Outdoor seating.

Outdoor seating shall be allowed adjacent to eating establishments in the downtown commercial (C-D), Forest Hill commercial (C-FH), and light commercial (C-1) zoning districts on public sidewalks and similar adjacent areas, subject to the provisions of PGMC 15.16.045. [Ord. 13-003 § 18, 2013].

23.64.135 Prohibited fences.

(a) Prohibition. It is unlawful for any person to erect or maintain a fence constructed completely or in part of any of the following: wires carrying an electric current of greater than 0.006 amperes (six milliamperes), razor ribbon, barbed wire, wooden fence spikes, broken glass, protruding nails or spikes or any other like or similar material or device designed to cause trauma when touched. While not prohibited, chain link fences are discouraged for aesthetic reasons.

(b) Exceptions. Fences constructed of materials described in subsection (a) of this section shall be allowed subject to first obtaining a use permit in the following cases: fences bordering public utility facilities or facilities in the C-2 and I districts and fences in residential districts designed to protect private property.

(c) Abatement. Chapter 23.68 PGMC, allowing continuance of nonconforming uses, shall not apply to this section. Fences not conforming to this section as of the effective date of the ordinance codified in this section shall be abated within six months of written notice to abate issued by the chief planner. [Ord. 12-003 § 11, 2012; Ord. 00-03 § 1, 2000; Ord. 1687 N.S. § 1, 1989].

23.64.140 Building site area.

A lot or parcel of land which has been created or designated in a recorded subdivision or which has been described in a recorded deed transferring such parcel may, if improved with a separate integrated residential structure, constitute a valid integrated building site for future building purposes, even though less in area or width than required under this title, under the following conditions:

(a) It was created, designated or so described and so improved prior to May 1, 1981;

(b) If situated in other than the R-3 Pacific Grove Beach district, it has at least 1,500 square feet of area and 25 feet of width;

(d) Its transfer will not create conditions of nonconformity in such lot or parcel or in any lot or parcel contiguous to it, including nonconformity in area and width as to any undeveloped parcel.

Before any replacement or substantial renovation may be made for any structure on such a lot or parcel, the new or renovated structure shall conform to the requirements with respect to a parcel separately owned in the same district.

Any lot or parcel, whether or not improved, which has less area or width than required by this title, shall not constitute a valid integrated building site if it is separately sold after May 1, 1981, so as to become conjoined in single ownership with the owner of a contiguous lot or parcel. [Ord. 1253 N.S. § 1, 1981; Ord. 1083 N.S. § 1, 1979; Ord. 1058 N.S. § 1, 1979; Ord. 210 N.S. § 11-141(1)(c)(1), 1952].

23.64.145 Separate building site – R-1 district.

Notwithstanding PGMC 23.64.140 or PGMC Title 24, any parcel in an R-1 district which has the following characteristics shall constitute a separate building site subject to sale or transfer:

(a) It has, 90 days or more prior to May 15, 1981, been designated on the assessor’s map as a separate parcel;

(b) It has at least 4,000 square feet if an interior parcel, or 5,000 square feet if a corner parcel;

(d) Its transfer will not create additional aspects of nonconformity to this title. [Ord. 1255 N.S. § 1, 1981].

23.64.147 Separate building site – R-3-P.G.R. district.

(a) Notwithstanding any other provision of this code, any parcel in the R-3-P.G.R. district which has the following characteristics shall constitute a separate building site for future building purposes:

(1) It has, prior to March 15, 1986, been designated on the assessor’s map as a separate parcel.

(2) It has at least 1,800 square feet, but not more than 3,600 square feet, and is not part of a larger building site.

(3) It has been unimproved with any building or structure for a minimum of five years immediately preceding March 15, 1986.

(4) It has access to a public street.

(5) Its transfer will not create additional aspects of nonconformity to this title.

(b) Development of parcels qualifying as building sites pursuant to subsection (a) of this section shall, at a minimum, be subject to the following:

(1) A use permit shall be first secured in each case.

(2) Architectural review board approval shall be required.

(3) Any construction shall conform to the requirements with respect to separate parcels in the R-3-P.G.R. district; however, in considering a use permit application the planning commission is authorized to prescribe requirements other than those prescribed by PGMC 23.24.060 where it finds that the qualification of PGMC 23.72.090 apply to the land, building or use. [Ord. 1597 N.S., 1987].

23.64.150 Yards – Projection of cornices, eaves, etc.

Architectural features such as cornices, eaves and canopies may extend not exceeding three feet into any required yard, but in no case closer than three feet to any property line. [Ord. 1065 N.S. § 10, 1979; Ord. 210 N.S. § 11-141(1)(d)(1), 1952].

23.64.160 Yards – Projection of open porches, stairways, etc.

Open porches, landing places or outside stairways may project not exceeding three feet into any required front or side yard; provided, that where the elevation of such porch, landing place or stairway is within one foot of the elevation of the adjacent sidewalk, it may project six feet into the required front yard and provided further, that in any other case, such porch, landing place or outside stairway may be permitted to extend six feet into any required front yard upon obtaining a use permit. [Ord. 210 N.S. § 11-141(1)(d)(2), 1952].

23.64.170 Yards – Measured from official plan line.

Whenever an official plan line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan lines. [Ord. 210 N.S. § 11-141(1)(d)(3), 1952].

23.64.180 Accessory buildings and structures.

(a) “Accessory building or structure” means a building or structure that is subordinate and incidental to the use of the main building on the same site. There are three categories of accessory buildings and structures:

(1) Category 1. Detached nonhabitable structures (such as garages, carports, workshops, and gazebos) that are 70 square feet or more in area;

(2) Category 2. Detached nonhabitable structures (such as storage, garden, or utility sheds) that are less than 70 square feet in area;

(3) Category 3. Portable or built-in hot tubs (including equipment).

(b) In any R district, the following standards shall apply:

Table 23.64.180 – Accessory Buildings and Structures – R Districts
	Category 1	Category 2	Category 3
Description	Detached nonhabitable structures that are 70 square feet or more in area (such as garages, carports, workshops, and gazebos)	Detached nonhabitable structures that are less than 70 square feet in area (such as storage, garden or utility sheds)	Portable or built-in hot tubs (including equipment)
Number Allowed in Each Category without UP/AP1	1	1	1
Additional Allowed in Each Category with UP/AUP1	120 sq. ft. or less: Additional structure(s) allowed subject to approval of an administrative use permit (AUP) Larger than 120 sq. ft.: Additional structure(s) allowed subject to approval of a use permit (UP)	Additional structure(s) allowed subject to approval of an administrative use permit (AUP)	Additional structure(s) allowed subject to approval of an administrative use permit (AUP)
Design Review Required	120 sq. ft. or less: No Larger than 120 sq. ft.: Yes, see PGMC 23.70.030(b)(2)(G) and 23.70.060(c)(3)	No	No
Counted in Floor Area and Building Coverage	120 sq. ft. or less: No Larger than 120 sq. ft.: Yes	No	No
Counted in Site Coverage	Yes	Yes	Yes
Use Permit Required for Plumbing	Yes	Yes	Yes
Building Separation	At least 3 1/2 feet from any dwelling or building on the same building site	Not required	Not required
Front Setback	As prescribed by the zoning district	As prescribed by the zoning district	As prescribed by the zoning district
Rear Setback	5 ft.	Over 6 ft. in height: 5 ft. 6 ft. or less in height: None required	Over 4 ft. in height: 5 ft. 4 ft. or less in height: None required
Side Setback	As prescribed by the zoning district	Over 6 ft. in height: As prescribed by the zoning district up to a maximum requirement of 5 ft. 6 ft. or less in height: None required	Over 4 ft. in height: As prescribed by the zoning district 4 ft. or less in height: None required
Height	15 ft. maximum	8 ft. maximum	Not regulated

1. Grading, building, and/or other construction permits may be required prior to starting any work, according to the requirements of the municipal code.

[Ord. 12-005 § 3, 2012; Ord. 00-18 § 2, 2000].

23.64.185 Accessory use – Storage of portable or movable objects.

A use permit shall be required for any accessory use in the R districts which involves or includes the storage, keeping, fabrication, construction or repair of any portable or movable object, not intended to be permanently fixed, such as a boat, structure or vehicle not capable of self-propulsion, and which exceeds 15 feet in either height or width or exceeds 26 feet in length. Before a use permit may be issued hereunder the community development director shall find all of the following:

(a) The object is or will be used with relative frequency as opposed to being stored;

(b) The object is not being built, fabricated or repaired for the use of anyone not occupying the property; and

Nothing contained herein is intended to permit uses not otherwise accessory to the residential use of the property.

Existing uses may apply for a use permit within one month of adoption of this section. [Ord. 13-003 § 18, 2013; Ord. 1418 N.S. § 7, 1984; Ord. 1030 N.S. § 2, 1978].

23.64.190 Off-street parking, storage.

Storage or parking space for the parking of automobiles off the street shall be provided in any district as follows:

(a) Not less than two garage or carport spaces for each single-family dwelling; provided, however, in cases of single-family dwellings on lots of 5,000 square feet or less, on which the living space floor area is 1,000 square feet or less, and in which there are less than three bedrooms, one garage or carport shall be required and tandem parking shall be allowed;

(b) For each family unit in a duplex, apartment house or dwelling group, parking spaces may be tandem and shall be provided as follows:

(1) One and one-half spaces for each unit having less than two bedrooms; and

(2) Two spaces for all other units; and

(3) One space for each unit shall be in a garage or carport;

(d) Not less than one garage space for each four guest rooms in any hotel and not less than one parking space for each unit in a motel. The planning commission may require additional parking at a ratio of one space for each 50 square feet of accessory dining area within the R-3-M district;

(e) Not less than one parking space for each 300 square feet of floor area in each professional office building permitted, except that for office buildings located in areas assessed for the payment of off-street parking lots, parking space shall not be required except as set forth in subsection (g) of this section;

(f) Not less than one parking space for each six seats provided for visitors to churches, community centers, social halls, lodges, and clubs and not less than one parking space for each six beds and one parking space for each employee on the shift with the maximum number of employees in any rest home, nursing home, convalescent home or hospital;

(g) Parking space required for other uses allowed in any district and not set forth above shall be determined by the planning commission and set forth as a condition to the granting of the use permit for such use;

(h) The review authority shall be authorized to approve compact parking spaces under the following conditions:

(1) Where a minimum of eight standard spaces are provided for commercial or industrial parking lots, 50 percent of parking in excess of the eight may be compact size; and

(2) Fifty percent of the parking provided in excess of that required for any R district use may be compact size;

(i) Low Vehicle Ownership Reduced Parking Requirement. For uses that serve tenants with low vehicle ownership rates, like special needs housing facilities, and that can demonstrate a reduced parking need, the review authority may allow for a reduction in parking spaces;

(j) Shared parking may be permitted. [Ord. 21-008 § 4, 2021; Ord. 13-003 § 18, 2013; Ord. 1715 N.S. §§ 1, 2, 1990; Ord. 1332 N.S. § 1, 1983; Ord. 1194 N.S. § 1, 1980; Ord. 1065 N.S. § 12, 1979; Ord. 975 N.S. § 1, 1977; Ord. 720 N.S. § 7, 1972; Ord. 593 N.S., 1968; Ord. 459 N.S., 1964; Ord. 382 N.S., 1962; Ord. 210 N.S. § 11-141(e), 1952].

23.64.195 Landscaping of front and side yards.

Landscaping shall be maintained in all front and side yards except for areas devoted to uses allowable in the yards. Failure to maintain the areas with suitable garden materials and free of weeds or unsightly matter shall be unlawful. Driveways shall not occupy more than 40 percent of the street frontage, and on a corner lot, the combined coverage on all frontages shall not exceed 25 percent of the total street frontage. [Ord. 1065 N.S. § 13, 1979; Ord. 532 N.S. § 15, 1966].

23.64.240 Parking or placement of large vehicles or structures in certain areas of residential premises – Prohibited.

(a) Except as provided in subsection (b) of this section, it is unlawful for the owner or occupant of a premises in any R district to park or place, or to allow or suffer the parking or placing of, any structure, container or vehicle, mobile or not, which dimensions exceed eight feet in height or 20 feet in length, at any location on the premises as listed below:

(1) Between the main structure and any property line abutting a street.

(2) In any side or rear yard required by the zone district in which the premises is located.

(3) At any location on an undeveloped lot.

(4) Closer than three and one-half feet to any structure.

(b) Exceptions:

(1) Parking or placement for less than six consecutive hours.

(2) Parking for the purpose of loading or unloading household goods or furniture.

(3) Parking or placement of vehicles or structures being used in connection with construction in progress on the premises.

(4) Parking in a legally existing driveway.

(5) Parking in a required rear yard setback that abuts an alley.

(6) Parking or placement inside a garage or carport legally constructed on the premises.

(c) Parking in the prohibited area may be allowed subject to first obtaining a use permit under the terms of Chapter 23.72 PGMC. [Ord. 97-41 § 2, 1997].

23.64.290 Alcoholic beverage sales.

(a) Failure to maintain food service or any other applicable requirements of this section or failure to comply with any conditions of the use permit or administrative use permit shall be grounds for revocation of the use permit or administrative use permit granted, in addition to subjecting the persons responsible therefor to penalties under this code. Revocation may be effected by the planning commission, for use permits, or zoning administrator, for administrative use permits, after a public hearing to which the operator has had 10 days’ notice by certified mail, and in which the review authority finds that the operator of the restaurant has not maintained food service or any other applicable requirements herein or has not complied with all permit conditions. In the event that service by certified mail is not effected, service may be by personal service on the operator, or if personal service is not effected, the property shall be posted with a notice of the hearing, and a copy of the notice shall be published in an official newspaper of this city.

(b) The administrative use permit and use permit procedures shall be as set forth in PGMC

23.70.030 and 23.70.080, respectively. For any use listed in this section which has an approved administrative use permit or use permit, no additional community development permit is required to establish alcoholic beverage service for that use as long as such service is provided in accordance with this section. Exception: subsection (c) of this section shall continue to apply.

(c) In addition to the permit requirements provided in Table 23.31.030, restaurants may be permitted to serve or sell alcoholic beverages:

(1) Where said eating establishments are located on premises owned by a public entity, as defined in Section 23824 of the Business and Professions Code of the state of California; provided, that a use permit is obtained; and

(2) In any R-3-M zone where said restaurant has been constructed under a variance, or as an accessory use under a use permit.

(d) Minimum Requirements for Eating Establishments Serving Alcoholic Beverages.

(1) Restaurants and Specialty Restaurants.

(A) Any sale of alcoholic beverages shall be subordinate to the primary use, and shall comply with the State Alcoholic Beverage Control (ABC) license requirements for a “bona fide public eating place”;

(B) Amplified and unamplified music and entertainment are allowed indoors, and shall not generate noise in excess of 70 dB (65 dB between the hours of 10:00 p.m. and 7:00 a.m.) at the property line of any such site. Amplified and unamplified music and entertainment are allowed outdoors between the hours of 7:00 a.m. and 10:00 p.m., and shall not generate noise in excess of 70 dB measured at the property line of any such site; and

(2) Pub and Brew Pub.

(A) All alcoholic beverage and food service to customers shall be discontinued between the hours of 12:00 a.m. and 7:00 a.m.;

(B) The business shall comply with the ABC license requirements for a “bona fide public eating place”;

(C) All foods from the standard menu shall be available for purchase during all but the opening and closing hours of alcoholic beverage service. This may include different menus for breakfast, lunch and dinner meals; and

(D) Amplified and unamplified music and entertainment are allowed indoors, and shall not generate noise in excess of 70 dB (65 dB between the hours of 10:00 p.m. and 12:00 a.m.) at the property line of any such site. Amplified and unamplified music and entertainment are allowed outdoors between the hours of 7:00 a.m. and 10:00 p.m., and shall not generate noise in excess of 70 dB measured at the property line of any such site.

(e) Minimum Requirements for Drinking Establishments.

(1) Wine Bar.

(A) All alcoholic beverage and food service to customers shall be discontinued between the hours of 12:00 a.m. and 7:00 a.m.;

(B) Food must be available during all hours of operation, but may be limited to snacks, appetizers, small plates, or other similar offerings; and

(C) Amplified and unamplified music and entertainment are allowed indoors, and shall not generate noise in excess of 70 dB (65 dB between the hours of 10:00 p.m. and 12:00 a.m.) at the property line of any such site. Amplified and unamplified music and entertainment are allowed outdoors between the hours of 7:00 a.m. and 10:00 p.m., and shall not generate noise in excess of 70 dB measured at the property line of any such site.

(2) Wine Tasting Room.

(A) All alcoholic beverage service to customers shall be discontinued between the hours of 12:00 a.m. and 7:00 a.m.; and

(B) Amplified and unamplified music and entertainment are allowed indoors, and shall not generate noise in excess of 70 dB (65 dB between the hours of 10:00 p.m. and 12:00 a.m.) at the property line of any such site. Amplified and unamplified music and entertainment are allowed outdoors between the hours of 7:00 a.m. and 10:00 p.m., and shall not generate noise in excess of 70 dB measured at the property line of any such site.

(3) Micro-Brewery.

(A) All alcoholic beverage service to customers shall be discontinued between the hours of 12:00 a.m. and 7:00 a.m.; and

(4) Catering and Events.

(A) All alcoholic beverage and food service to customers shall be discontinued between the hours of 12:00 a.m. and 7:00 a.m.;

(B) Food must be available during all hours of operation, but may be limited to snacks, appetizers, small plates, or other similar offerings; and

(f) Minimum Requirements for Lodging Establishments.

(1) Bed and Breakfast Inn.

(A) Bed and breakfast inns may sell or serve beer and wine to registered guests and their invited guests, pursuant to the provisions of subsections (f)(1)(B) through (E) of this section and the ABC license to the extent that it is consistent with such provisions;

(B) All alcoholic beverage service to guests shall be discontinued between the hours of 2:00 a.m. and 7:00 a.m.;

(C) Food must be available during all hours that alcoholic beverages are available, but may be limited to snacks, appetizers, small plates, or other similar offerings;

(D) At least one meal, breakfast, shall be served daily and shall be limited to registered guests only; and

(E) The provisions of PGMC 23.26.020(b) shall also apply.

(2) Motel and Hotel.

(A) Motels and hotels may be permitted to sell or serve beer and wine to registered guests and their invited guests, pursuant to the provisions of subsections (f)(2)(B) through (F) of this section and the ABC license to the extent that it is consistent with such provisions. In the case of hotels, other guests who pay a fee or charge for use of the premises for parties may also be sold or served beer and wine, pursuant to the provisions of subsections (f)(2)(B) through (F) of this section and the ABC license to the extent that it is consistent with such provisions;

(B) Hotels may offer full liquor service, pursuant to the provisions of subsections (f)(2)(C) through (F) of this section and the ABC license to the extent that it is consistent with such provisions;

(D) Food must be available during all hours that alcoholic beverages are available, but may be limited to snacks, appetizers, small plates, or other similar offerings;

(E) Motels or hotels with an accessory dining area, meeting the definition of a “bona fide public eating place,” may offer full liquor service within the dining area, subject to approval of a use permit for the dining area and the limitations in subsection (f)(2)(C) of this section; and

(F) For hotels in the C-1-T district only, amplified and unamplified music and entertainment are allowed indoors, and shall not generate noise in excess of 70 dB (65 dB between the hours of 10:00 p.m. and 12:00 a.m.) at the property line of any such site. Amplified and unamplified music and entertainment are allowed outdoors between the hours of 7:00 a.m. and 10:00 p.m., and shall not generate noise in excess of 70 dB measured at the property line of any such site.

Table 23.64.290 Summary of Minimum Requirements for Establishments Serving Alcoholic Beverages1
	Alcoholic Beverages Allowed	Food Service Required	Hours of Food and Alcoholic Beverage Service	Amplified Music and Entertainment	Seating on Public Sidewalks
Eating Establishments
Restaurant and specialty restaurant	Beer, wine and distilled spirits	Bona fide public eating place	No limits	Allowed per PGMC 23.64.290(d)(1)(B)	Allowed per PGMC 15.16.045 and 23.64.134
Pub and brew pub	Beer, wine and distilled spirits	Bona fide public eating place	No service 12:00 a.m. –7:00 a.m.	Allowed per PGMC 23.64.290(d)(2)(D)	Not allowed
Drinking Establishments
Wine bar	Beer and wine	Snacks, appetizers, or small plates	No service 12:00 a.m. – 7:00 a.m.	Allowed per PGMC 23.64.290(e)(1)(C)	Not allowed
Wine tasting room	Wine tasting	None	No service 12:00 a.m. –7:00 a.m.	Allowed per PGMC 23.64.290(e)(2)(B)	Not allowed
Micro-brewery	Beer tasting	None	No service 12:00 a.m. –7:00 a.m.	Allowed per PGMC 23.64.290(e)(3)(B)	Not allowed
Catering and events	Beer and wine	Snacks, appetizers, or small plates	No service 12:00 a.m. –7:00 a.m.	Allowed per PGMC 23.64.290(e)(4)(C)	Not allowed
Lodging Establishments
Bed and breakfast inn	Beer and wine	Snacks, appetizers, or small plates	No service 2:00 a.m. –7:00 a.m.	Not allowed	Not allowed
Motel	Beer, wine and distilled spirits	Snacks, appetizers, or small plates; bona fide public eating place for distilled spirits	No service 2:00 a.m. –7:00 a.m.	Not allowed	Not allowed
Hotel	Beer, wine and distilled spirits	Snacks, appetizers, or small plates; bona fide public eating place for distilled spirits	No service 2:00 a.m. –7:00 a.m.	Not allowed, except in the C-1-T district per PGMC 23.64.290(f)(2)(F)	Not allowed

1 This table presents a summary of requirements only. For a complete set of requirements, see PGMC 23.64.290(d) through (f).

[Ord. 13-003 § 18, 2013].

23.64.300 Application for abandonment or purchase of city property.

Requests for the abandonment or purchase of a city street, park, or other property shall be accompanied by the payment of a fee of $30.00 and referred to the planning commission for consideration before consideration by the city council. [Ord. 532 N.S. § 12, 1966].

23.64.310 Swimming pools.

Swimming pools shall not project into a front yard area and shall be situated no closer than five feet to any property line.

The swimming pool or all or a portion of the property containing the pool shall be entirely protected by a wall or fence of 66 inches in height and without openings except for gates containing self-latching devices at least 45 inches above ground level. [Ord. 720 N.S. § 14, 1972; Ord. 593 N.S. § 1(f), 1968].

23.64.320 Unlawful sale of subdivided contiguous lots.

It is unlawful for any owner or owners of subdivided contiguous lots, each of which may otherwise be of legal size, frontage, and area, to sell, transfer, or convey one or more of the subdivided lots where, as a result of such sale, transfer, or conveyance, the lot or lots which has or have been sold, transferred, or conveyed, or the lot or lots which is or are retained by said owner or owners, will not conform with the requirements of this code. [Ord. 878 N.S. § 1, 1976].

23.64.340 Consistency with county hazardous waste management plan.

All approved applications for use permits, variances, subdivisions and other land use entitlements shall be consistent with portions of the Monterey County hazardous waste management plan which identify general areas or siting criteria for hazardous waste facilities. [Ord. 1727 N.S. § 1, 1990].

23.64.350 Transient use of residential property for remuneration.

(a) Definitions. For the purpose of this chapter certain terms used herein shall have the meanings set forth in this chapter, and such meanings shall prevail in case of conflict with the definitions set forth in Chapter 23.08 PGMC.

(1) “Person” means an individual, a group of individuals, or an association, firm, partnership, corporation or other entity, public or private.

(2) “Owner” means the person who possesses fee title to a transient use site.

(3) “Owner representative” means any person authorized by the owner to fully manage the transient use site.

(4) “Remuneration” means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property.

(5) “Residential property” means any dwelling unit, except those dwelling units lawfully established as part of a bed and breakfast inn, motel, hotel, timeshare development, or other transient use not prohibited by this section.

(6) “Responsible tenant” means a person aged 18 or older who has received notice of occupancy, parking and other limits and regulations that apply to the transient use site, and who has agreed to be responsible to ensure that impermissible or inappropriate behavior does not occur at the transient use site.

(7) “Transient” means a period of time less than 30 consecutive calendar days.

(8) “Transient use of residential property” means the commercial use, by any person, of residential property for transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy is less than 30 consecutive calendar days.

(9) “Transient use site” and “transient use” mean property occupied and used for transient or short-term rental purposes.

(10) “Use” means the purpose for which land or premises of a building thereon is designed, arranged or intended, or for which it is or may be occupied or maintained.

(b) Transient use of residential property must comply with General Plan Policy 1.5. Specifically, transient use of residential property for remuneration is prohibited, and no transient use license may be issued, in any residential zoning district, including R-1, R-H, R-1-H, R-1-B-2, R-1-B-3, R-2, R-2-B-3, R-3, R-3-P.G.R., R-3-M, R-4, and all PUD districts, except to the extent that such use is both (1) in the coastal zone and permitted under the local coastal program, and (2) permitted by a transient use license issued by the city. Transient use of residential property for remuneration in nonresidential zoning districts is prohibited, except (1) as otherwise expressly permitted by this title, or (2) when such use is permitted by a transient use license issued by the city. Transient use of residential property for remuneration does not include “home sharing” permitted by the city or house swaps, house sitting, pet sitting, work trade, and similar noncommercial arrangements that do not involve an exchange of money.

(c) In order to provide a reasonable phase-out of transient uses of residential property for remuneration, notwithstanding any other provision of this code, all uses that become nonconforming as a result of the amendment to this section by the Initiative to Preserve and Protect Pacific Grove’s Residential Character, including uses permitted under short-term rental licenses, shall be discontinued within 18 months from the date that the initiative was approved by the voters. Nothing in this subsection is intended to affect any city authority to terminate uses found to be a nuisance, or that are otherwise unlawful.

(d) Liability and Enforcement.

(1) Any owner, owner representative, responsible tenant, person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise who uses, arranges, or negotiates for the use of residential property in violation of the provisions of this chapter is guilty of an infraction for each day in which such residential property is used, or allowed to be used, in violation of this chapter.

(2) Any owner, owner representative, responsible tenant, or other person who uses, or allows the use of, residential property in violation of the provisions of this chapter is guilty of an infraction for each day in which such residential property is used, or allowed to be used, in violation of this chapter.

(3) Violations of this chapter may be prosecuted pursuant to Chapter 1.16 PGMC, or enforced pursuant to Chapter 1.19 PGMC.

(4) Penalties may be assessed for violations as provided in Chapters 1.16, 1.19, and/or 7.40 PGMC. The maximum limits set for administrative penalties in PGMC 1.19.200, however, shall not apply to any violation of this chapter or Chapter 7.40 PGMC.

(e) This section may be repealed or amended only by a vote of the people, except that amendments do not require a vote of the people if they (1) apply only in the coastal zone or (2) amend subsection (d) of this section concerning liability and enforcement. [Ord. 18-018 § 3, 2018; Ord. 16-007 § 2, 2016; Ord. 10-001 § 2, 2010; Ord. 08-006 § 79, 2008; Ord. 1933 N.S. § 1, 1994; Ord. 1913 N.S. § 1, 1993].

23.64.360 Permitting of undocumented dwelling units.

Repealed by Ord. 17-013. [Ord. 13-005 § 2, 2013].

23.64.370 Permitting home sharing.

(a) Definitions. For the purposes of this section, certain terms used herein shall have the meanings set forth below or in PGMC 23.64.350, and such meanings shall prevail in case of conflict with the definitions set forth in Chapter 23.08 PGMC.

(1) “Guest” means a person who rents a bedroom and ancillary facilities at a home sharing site.

(2) “Home sharing” means an activity whereby residents host guests in their homes, for compensation, for periods of 30 consecutive days or less, while at least one of the dwelling unit’s residents lives in the dwelling unit.

(3) “Home sharing site” means property occupied and used for home sharing purposes.

(4) “Resident” means a person legally residing in a dwelling unit in excess of 30 consecutive days. Such resident may be the owner or a tenant living there with the approval of the owner.

(b) Home sharing for remuneration is allowed pursuant to this chapter; provided, that a separate home sharing permit has first been granted and validly maintained for each home sharing site.

(1) Each “home sharing” permit shall be subject to the following conditions:

(A) Home sharing is limited to single-family dwellings in any residential or commercial zone. Home sharing is not permitted in dwelling units lawfully established as second units pursuant to Chapter 23.80 PGMC; in any accessory unit to a single-family dwelling; in any condominium, multifamily dwelling unit or any other “tenants in common” dwelling unit; in any room, detached rooms, or any portion of a single-family that does not provide both kitchen and bathroom facilities; or as part of a bed and breakfast inn, motel, hotel, timeshare development, or other transient use;

(B) The resident shall also occupy the home throughout the duration of any home sharing;

(C) A maximum of one bedroom in the home may be rented to adults; a second bedroom may be rented to children as part of the same contract;

(D) No more than two adults shall occupy the rented bedroom;

(E) Guest(s) shall have exclusive use of the rented bedroom(s) and shared use of a full bathroom and kitchen;

(F) Neither bedrooms nor bathrooms shall contain cooking facilities;

(G) A designated on-site parking space for use by overnight guests, if it exists, or one parking space on any on-site driveway, if it exists.

(2) Owner or owner representative of any qualifying residential property may submit an application to the city for an administrative home sharing permit, along with payment of the approved fees, an affidavit affirming that smoke detectors are installed and maintained in all sleeping quarters and common areas, that fire extinguishers are accessible, and a carbon monoxide alarm is installed on each level. The owner or owner representative shall provide access and information to a certified inspector to ensure health and safety of the home share site, prior to issuance of the permit; a report verifying inspection of the site has occurred, and that the home sharing site conforms to all requirements of this section.

(3) A home sharing permit shall continue in force, as long the conditions are met, except upon cancellation by the owner or owner representative, or upon the sale or transfer of the property.

(4) Once a permit is approved, all transient occupancy taxes as set forth in Chapter 6.09 PGMC, and fees, as adopted from time to time in the city’s master fee schedule shall be collected and remitted to the city, and are applicable.

(5) Evidence of transient occupancy of a permitted home sharing site, statements and records, failure to file statement or corrected statement, payment of transient occupancy tax, appeal of tax, additional power of city, permit nontransferability, permit denial or revocation, appeal of revocation or suspension, penalties, and liens, shall be as provided in PGMC 7.40.110 through 7.40.210, inclusive.

(d) Liability and Enforcement. For the purposes of this section, liability and enforcement shall be the same as PGMC 23.64.350(c). [Ord. 16-006 § 2, 2016].