Pacific Grove Municipal Code
Chapter 23.52 R-3-M DISTRICTS
1073 Lighthouse Avenue 27 5
701 – 709 Asilomar Avenue 28 6
775 Asilomar Avenue 18 4
1100 Lighthouse Avenue 38 8
1101 Lighthouse Avenue 33 7
Group B2
1111 Lighthouse Avenue 49 10
740 – 750 Crocker Avenue 49 3
650 Dennett Street 31 6
1150 Lighthouse Avenue 66 6
1140 Lighthouse Avenue 37 3
133 Asilomar Avenue 19 4
Group C3
635 Ocean View Boulevard 60 0
625 Ocean View Boulevard 52 0
1038 Lighthouse Avenue 24 0
Address
Permitted Guest Units as of
Effective Date of This Section
Additional Guest Units Allowed
over Permitted Guest Units in
Column to Left
1 Group A – Motels and hotels where the number of permitted guest units, as of the effective date of this section, is less than 170 percent of the 1:2,500 density ratio in PGMC 23.52.030(a). Motels and hotels in Group A may construct additional guest units or ancillary facilities by conversion of existing buildings or by new construction. 2 Group B – Motels and hotels where the number of permitted guest units, as of the effective date of this section, is greater than 170 percent, but less than 250 percent, of the 1:2,500 density ratio in PGMC 23.52.030(a). Motels and hotels in Group B may construct additional guest units or ancillary facilities by conversion of existing buildings only. 3 Group C – Motels and hotels where the number of permitted guest units, as of the effective date of this section, is greater than 250 percent of the 1:2,500 density ratio in PGMC 23.52.030(a). Motels and hotels in Group C may not construct any additional guest units.
(b) For motels and hotels in Group A, each new guest unit shall be a maximum size of 360 square feet.
Since new guest units in Group B motels and hotels must be created by conversion of existing buildings, they may conceivably be greater than 360 square feet in size. No existing guest unit that is less than 360 square feet, as of the effective date of this section, may be enlarged to exceed 360 square feet in size.
No existing guest unit that is 360 square feet or more in size, as of the effective date of this section, shall be enlarged.
(c) Motels and hotels in Group A may use up to three of the additional guest units allowed to instead create a new ancillary facility (e.g., meeting space, dining room, fitness facility), with a maximum size of 1,080 square feet (or 360 square feet for each additional guest unit substituted). Motels and hotels in Groups B and C may create new ancillary facilities only through conversion of existing buildings and are not limited in size.
(d) For motels and hotels in Group A, the setback requirements of PGMC 23.52.030(b) shall also apply to new guest units or new ancillary facilities that abut any public street or any single-family residence. (e) For motels and hotels in Group A, building height is two stories and not more than 25 feet for new guest units that are at least 50 feet from any property zoned R-1, R-H, or R-2, any public street, and any PGCC 12-3-25
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single-family residence. Building height is one story and not more than 18 feet for new guest units that are at least 20 feet from any property zoned R-1, R-H, or R-2, any public street, and any single-family residence. For property lines of Group A motels and hotels that do not abut any property zoned R-1, R-H, or R-2, a public street, nor single-family residence, building height for new guest units may be two stories and up to 25 feet within 10 feet of the property line. New ancillary facilities in Group A motels and hotels may be one story, with a maximum building height of 18 feet. (f) For motels and hotels in Groups A and B, the following additional requirements apply to new construction or conversion of existing buildings:
(1) A use permit approval is required. As part of this review, the planning commission may impose specific standards pertaining to building design (e.g., building mass, bulk, height, and wall articulation), outdoor lighting, driveway locations, parking areas, landscaping, signs, street dedication, and related public improvements, upon finding that such requirements are necessary to meet the intent of the R-3-M district.
(2) No outdoor living areas are allowed within setbacks abutting residential zones or residential uses.
This includes balconies, decks, open porches, patios, or similar outdoor guest activity areas. (3) Existing landscaping requirements in PGMC 23.52.030 are expanded to require that within setback areas adjacent to the new development or building conversion, especially abutting residential zones and residential uses, plantings include numerous trees, shrubs and plants that will reduce visual and noise impacts of the motel or hotel use on adjacent properties. (4) New guest units do not have to be built at one time, but may be developed in phases. (5) All other R-3-M standards shall apply including, but not limited to, parking and building coverage.
New guest units and ancillary facilities must have available water. (g) For motels and hotels in Groups A, B and C, a nonconforming building damaged or destroyed by catastrophic event or demolished under any other circumstance may be rebuilt to the condition or configuration of the building that existed immediately prior to the event or demolition, as long as the reconstruction is carried out in a manner consistent with PGMC 23.68.040. While reconstruction to preexisting conditions is allowed, elimination of nonconformities is encouraged. Reconstructed one-story buildings may be built to a maximum height of 18 feet, regardless of the pre-existing building height. (h) For motels and hotels in Groups A, B and C, exterior remodeling within the existing footprint of a nonconforming building may retain existing nonconformities as long as the remodel does not:
(1) Extend or expand an existing nonconformity;
(2) Add any new nonconformity; or
(3) Adversely affect the privacy of adjacent residential-zoned property or residential uses. (i) No other reconstruction or remodeling may take place, beyond what is allowed in this section for motels and hotels in Groups A, B and C, without bringing the entire property into conformance with PGMC 23.52.030. [Added by vote of the people on November 8, 2011, general election; Res. 11-061 § 4, 2011; Res. 11-060 § 4.2, 2011].
23.52.040 Statement of intent.
It is the intention of the ordinance codified in this section to preserve the essential residential character of the city, and the residential appearance of the city, and to prevent the adverse impacts of such from developments in the R-3-M districts. [Ord. 1536 N.S. § 4, 1986].
23.52.050 Other provisions.
Regulations found in this chapter are subject to the provisions of Chapter 23.24 PGMC, unless there is a conflict, in which event the regulations found in this chapter shall prevail. [Ord. 1536 N.S. § 5, 1986].
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23.52.060 Amendment.
PGMC 23.52.010, 23.52.030, 23.52.035 and 23.52.040 shall not be repealed or amended except by a vote of the people. [Amended by vote of the people on November 8, 2011, general election; Res. 11-061 § 4, 2011; Res. 11-060 § 4.3, 2011; Ord. 1536 N.S. § 6, 1986].
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Chapter 23.64 GENERAL PROVISIONS AND
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Chapter 23.64
GENERAL PROVISIONS AND EXCEPTIONS
Sections:
23.64.010 Application of chapter.
23.64.020 Use permit – Circus, open-air theater, racetrack.
23.64.030 Repealed.
23.64.035 Coin-operated amusement devices.
23.64.040 Accessory uses in C, I, U districts.
23.64.050 Use permit – Parking lots – R district.
23.64.055 Use permit – Downtown public gathering area.
23.64.060 Use permit – Public buildings, parks, etc.
23.64.063 Use permit – Wireless telecommunications facilities.
23.64.065 Use permit – Group quarters.
23.64.067 Use permit – Integral group quarters facilities.
23.64.070 Use permit – Earth, mineral removal.
23.64.080 Commercial uses – R-1, R-2 districts.
23.64.090 Commercial uses – R-3 district.
23.64.110 Family daycare homes.
23.64.115 Food service establishments.
23.64.119 Garden structures.
23.64.120 Height limits – Chimneys, flagpoles, clock towers, etc.
23.64.130 Height limits – Fences, hedges, or other visual obstructions.
23.64.134 Outdoor seating.
23.64.135 Prohibited fences.
23.64.140 Building site area.
23.64.145 Separate building site – R-1 district.
23.64.147 Separate building site – R-3-P.G.R. district.
23.64.150 Yards – Projection of cornices, eaves, etc.
23.64.160 Yards – Projection of open porches, stairways, etc.
23.64.170 Yards – Measured from official plan line.
23.64.180 Accessory buildings and structures.
23.64.185 Accessory use – Storage of portable or movable objects.
23.64.190 Off-street parking, storage.
23.64.195 Landscaping of front and side yards.
23.64.240 Parking or placement of large vehicles or structures in certain areas of residential premises – Prohibited.
23.64.290 Alcoholic beverage sales.
23.64.300 Application for abandonment or purchase of city property.
23.64.310 Swimming pools.
23.64.320 Unlawful sale of subdivided contiguous lots.
23.64.340 Consistency with county hazardous waste management plan.
23.64.350 Transient use of residential property for remuneration.
23.64.360 Repealed.
23.64.370 Permitting home sharing.
23.64.010 Application of chapter.
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 PGCC 12-3-25
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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 coinoperated 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-ofway 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, PGCC 12-3-25
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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:
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(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 PGCC 12-3-25
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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.
Group quarters meeting California Health and Safety Code 1568.0831 eligibility requirements for residential care facilities of six or fewer persons are permitted as a residential use in all districts and do not require a use permit. [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 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. (b) 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. (c) 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).
(d) 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. (e) This section does not affect group quarters licensed as a residential care facility for the elderly (RCFE) or residential care facilities for six or fewer persons. RCFEs are treated in accordance with Section
23.64.111 but shall be superseded by any recent 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].
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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].
23.64.111 Employee housing.
As defined by California Employee Housing Act (California Public Health and Safety Code Sections 17000 through 17062.5). Employee housing that provides for six or fewer employees shall be deemed a single-family structure, and shall be permitted in any zone that allows for single-family residential use.
23.64.112 Residential care facilities.
(a) Small residential care facilities of six or fewer persons, 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 residential care facility of seven or more persons, as defined in Division 2, California Health and Safety Code, may be allowed as a residential use in all zones that allow multiple dwellings, subject to the same requirements and standards as residential uses of the same type and subject to fist securing a use permit.
23.64.113 Transitional and supportive housing.
Transitional and supportive housing, as defined in Chapter 23.08 PGMC, may be allowed as a permitted use in all zones that allow multiple dwellings.
(a) Parking. See 23.64.190 for off-street parking standards.
23.64.114 Single-room occupancies (SROs).
As defined in Chapter 23.08 PGMC, SROs may be permitted through a use permit in any zone that allows multiple dwellings or mixed-use residential developments. In addition, SRO housing shall be subject to the following standards:
(a) Unit size and occupancy. The minimum size of a unit shall be one hundred fifty square feet and the maximum size shall be three hundred square feet, which may include bathroom and/or kitchen facilities. (b) Common areas. A minimum of ten square feet for each unit shall be provided for a common area. All common areas shall be within the structure. Dining rooms, meeting rooms, recreational rooms, or other similar areas approved by the city shall be considered common areas. Shared bathrooms and kitchens shall not be considered as common areas.
(c) Management: A single room occupancy management plan shall be submitted to, reviewed and approved by the Community Development Department before issuance of a certificate of occupancy. A twenty four hour resident manager shall be provided for any single room occupancy use consisting of twelve or more units.
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(d) Parking. See 23.64.190 for off-street parking standards. (e) Kitchen facilities. Each unit shall be provided a food preparation space that meets the requirements of the State of California Health and Safety Code and California Building Code Section 1208.4 or subsequent amendments. If each individual unit is not provided with a minimum of a refrigerator and a microwave oven, a complete kitchen facility available for residents shall be provided on each floor of the structure.
(f) Bathroom Facilities. For each unit a private toilet in an enclosed compartment with a door and a sink shall be provided. A full bathroom shall contain at least a toilet, sink and bathtub, shower or bathtub/shower combination. If private bathing facilities are not provided for each unit, shared bathing facilities shall be provided at a ratio of one for every seven units or fraction thereof. The shared shower or bathtub facility shall be on the same floor as the units it is intended to serve and shall be accessible from a common area or hallway. Each shared shower or bathtub facility shall be provided with an interior lockable door.
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.
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(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.
For each building, vertical projections may extend above maximum allowable building heights as follows:
Vertical feature Maximum projection Max. horizontal area Chimneys, cupolas, window
cleaning equipment
4 feet 20 square feet (each)
Clock tower, water tank,
stair/elevator penthouse
10 feet 100 square feet (each)
Mechanical penthouse for
roof-mounted equipment
4 feet 100 square feet
(1 per building)
Flagpoles 15 feet 1 square foot
Solar panels See PGMC 18.45 and PGMC 23.70
Wireless communications
facilities
Wireless communications facilities concealed as such structures are subject to height limits and design standards as specified in the Wireless Design Manual.
Additional height, other vertical
structures, other appurtenances
May be permitted in excess of height and horizontal area limits provided a use permit is obtained in each case.
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.
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(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 PGCC 12-3-25
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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; PGCC 12-3-25
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(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;
(c) It has access to a public right-of-way directly or by recorded easement heretofore created or reserved; (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; (c) It has access to a public street;
(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].
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23.64.150 Yards – Projection of cornices, eaves, etc.
Architectural features such as cornices, eaves, canopies/awnings, chimneys, and bay windows (not more than 10 feet wide and separated from adjacent bay windows by not less than 6 feet) may extend not exceeding three feet into any required setback or yard, but shall be no closer than three feet to any property line except where no setback is required. [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 or outside stairways may project not exceeding six feet into any required front or side yard, but not closer than three feet to any property line except where no setback or yard is required, provided, that the elevation of such porch, or outdoor stairway is within one foot of the elevation of finished grade. [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 No No
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Larger than 120 sq. ft.: Yes
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
Category 1 Category 2 Category 3
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
(c) The use does not meet the definition of “junkyard” in Chapter 23.08 PGMC.
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;
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(b) For each family unit in a duplex, apartment house or dwelling group, or mixed use project, parking spaces may be tandem or may utilize mechanical lifts and shall be provided as follows:
(1) One space for efficiency or studio units and one bedroom units; (2) One and one-half spaces for each unit having two to three bedrooms (3) Two spaces for all other units; and
(4) 50 percent of all required parking shall be covered. (c) Not less than one garage space for each two guest rooms in any rooming house, excluding SROs as defined in Chapter 23.08 PGMC;
(d) Transitional and Supportive Housing. One space per employee per shift. No parking space requirement if the housing development is located within one-half mile of a transit stop. (e) Emergency Shelters and Low Barrier Navigation Centers. One space per employee per shift. (f) SROs. One for every three units, plus one space per employee per shift. (f) 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; (g) 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 (k) of this section; (h) For commercial buildings, industrial buildings, and mixed-use buildings in which residential uses comprise less than one-third of a development project’s total floor area, the amount of non-residential parking shall be subject to a use permit;
(i) For mixed-use buildings in which residential uses comprise not less than two-thirds of a development project’s total floor area, not less than one non-residential parking space for each 500 square feet of floor area of space for retail sales, commercial services, and health/fitness studios, except for projects located in areas assessed for payment of off-street parking lots; (j) 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;
(k) The number of 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;
(l) The minimum width of parking aisles shall be as described below:
(1) 60 degrees and less – 18 feet,
(2) 60.1 to 65 degrees – 19 feet,
(3) 65.1 to 70 degrees – 20 feet,
(4) 70.1 to 75 degrees – 21 feet,
(5) 75.1 to 80 degrees – 22 feet,
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(6) 80.1 to 85 degrees – 23 feet, and
(7) 85.1 to 90 degrees (perpendicular) - 24 feet.
(m) 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;
(n) Low Vehicle Ownership Reduced Parking Requirement. For uses that serve tenants with low vehicle ownership rates, such as special needs or supportive housing facilities for persons with disabilities, and that can demonstrate a reduced parking need, the review authority may allow for a reduction in parking spaces;
(o) 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].
(p) Within surface parking lots, not less than one tree shall be provided for every six parking spaces.
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.
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(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 (C) Outdoor seating is allowed in compliance with PGMC 15.16.045 and 23.64.134. (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.;
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(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
(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. (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 PGCC 12-3-25
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(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. (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; (C) All alcoholic beverage service to guests shall be discontinued between the hours of 2:00 a.m. and 7:00 a.m.;
(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 PGCC 12-3-25
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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 PGCC 12-3-25
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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 shortterm 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.
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(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. (c) Each home sharing permit shall meet all requirements of this section, including:
(1) Each “home sharing” permit shall be subject to the following conditions:
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(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].
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Chapter 23.70
COMMUNITY DEVELOPMENT PERMIT REVIEW AUTHORITIES AND PROCEDURES Sections:
23.70.010 Purpose.
23.70.012 Types of community development permits and related review authorities.
23.70.015 Exemptions.
23.70.018 Counter review.
23.70.020 Counter review and determination.
23.70.030 Staff approvals.
23.70.040 Zoning administrator.
23.70.050 Site plan review committee.
23.70.060 Architectural review board.
23.70.070 Historic resources committee.
23.70.080 Planning commission.
23.70.010 Purpose.
This chapter identifies the types of community development permits, the roles of review authorities, and provides procedures for the approval or disapproval of the community development permits established by these regulations. Exception: Procedures and standards for the review and approval of subdivision maps are found in PGMC Title 24 (Subdivisions). [Ord. 11-001 § 2, 2011].
23.70.012 Types of community development permits and related review authorities.
Table 23.70.012-1, entitled “Types of Review, Applications, and Roles of Review Authorities,” identifies the city official or body responsible for reviewing and making decisions on community development permit applications, legislative amendments, and other actions required by these regulations.
Table 23.70.012-1:
Types of Review, Applications, and Roles of Review Authorities Roles of Review Authorities1
Type of Permit Application Director ZA SPRC ARB HRC PC CC ARB = Architectural Review Board, CC = City Council, HRC = Historic Resources Committee, HRI = Historic Resources Inventory, LCP = Local Coastal Program, PC = Planning Commission, PGMC = Pacific Grove Municipal Code Section, SPRC = Site Plan Review Committee, and ZA = Zoning Administrator.
Counter Review: Recommended preliminary staff review of projects to determine compliance with zoning code, need for further permit applications, or determination of which track below best suits the situation. (PGMC 23.70.018) Counter Review and Determination: Required director review of specific projects or land uses in order to verify compliance with zoning standards. (PGMC 23.70.020)
Staff Approvals: For timely approval of permits for the following projects and uses:
Admin. architectural permit – not on
HRI (PGMC 23.70.030)
Decision2 Hearing/
Decision
Appeal5 Appeal5
Admin. architectural permit – on
HRI (PGMC 23.70.030)
Decision2,3 Hearing/
Decision
Appeal5 Appeal5
Architectural design change – not
on HRI (PGMC 23.70.030)
Decision2 Hearing/
Decision
Appeal5 Appeal5
Architectural design change – on
HRI (PGMC 23.70.030)
Decision2,3 Hearing/
Decision
Appeal5 Appeal5
Admin. sign permit (PGMC
23.70.030)
Decision Hearing/
Decision
Appeal5 Appeal5
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Admin. use permit and admin. use
permit amendments7 (PGMC
23.70.030)
Decision2 Hearing/
Decision
Appeal5 Appeal5
Admin. variance and admin.
variance amendments (PGMC
23.70.030)
Decision2 Hearing/
Decision
Appeal5 Appeal5
Certificate of compliance (Chapter
24.05 PGMC)
Decision Appeal5 Appeal5
City-initiated merger (PGMC
24.04.050)
Decision Appeal5 Appeal5
Lot-line adjustment and ownerinitiated merger (Chapter 24.06 PGMC)
Decision2 Appeal5 Appeal5
Permitting of undocumented
dwelling units (PGMC 23.70.030)
Decision2 Hearing/
Decision
Appeal5 Appeal5
Zoning Administrator: For the following applications:
Interpretations of permitted use lists
(PGMC 23.70.040, Chapter 23.82
PGMC)
Decision6 Appeal Appeal
Historic relocation permit – on-site
(PGMC 23.70.040, 23.76.100)
Decision6 Hearing/
Decision
Appeal Appeal
Parcel map (PGMC 23.70.040,
Chapter 24.08 PGMC)
Decision6 Appeal Appeal
Site Plan Review Committee: For the following approvals:
Site plan review (multifamily/
commercial/industrial projects only)
(PGMC 23.70.050)
Review and
Comment
Architectural Review Board: For the following applications:
Architectural permit for new
construction, major alteration, or
demolition/reconstruction – not on
HRI (PGMC 23.70.060)
Decision Appeal Appeal
Sign permit (PGMC 23.70.060) Decision Appeal Appeal Historic Resources Committee: For the following applications:
Historic determination (PGMC
23.70.070, 23.76.030)
Decision Appeal Appeal
Architectural permit for major
alteration – on HRI (PGMC
23.70.070)
Decision Appeal Appeal
Historic preservation permit (PGMC
23.70.070, 23.76.060)
Decision Appeal Appeal
Historic demolition permit (PGMC
23.70.070, 23.76.090)
Decision Appeal Appeal
Historic relocation permit – off-site
(PGMC 23.70.070, 23.76.100)
Decision Appeal Appeal
Initial historic screening (PGMC
23.70.070)
Decision Recommend
Planning Commission: For the following applications:
Use permit and use permit
amendments (PGMC 23.70.080(a))
Decision Appeal
Roles of Review Authorities1
Type of Permit Application Director ZA SPRC ARB HRC PC CC PGCC 12-3-25
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Variance and variance amendments
(PGMC 23.70.080(b))
Decision Appeal
Tentative tract map (Chapter 24.12
PGMC)
Decision Appeal
Final tract map (Chapter 24.16
PGMC)
Decision Appeal
Administrative and Amendments: For legislative actions and code interpretations (other than interpretations for permitted use lists), the following applies:
General plan amendments (Chapter
23.84 PGMC)
Recommend Decision
LCP amendments (Chapter 23.84
PGMC)
Recommend Decision
Zoning text amendments (Chapter
23.84 PGMC)
Recommend Decision
Zoning map amendments (Chapter
23.84 PGMC)
Recommend Decision
Interpretations of code (PGMC
23.04.040)
Decision4 Appeal Appeal
Roles of Review Authorities1
Type of Permit Application Director ZA SPRC ARB HRC PC CC
1. “Decision” means that the review authority makes the decision on the matter; “hearing” means that the review authority holds a hearing and renders a decision only if requested in response to a notice, in compliance with PGMC 23.70.030 (Staff approvals); “appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 23.74 PGMC (Appeals and Call-Ups); “recommend” means that the review authority makes a recommendation to a higher decision-making body.
2. The director may defer action and refer the item to the hearing authority for decision.
3. If an administrative architectural permit or an architectural design change is accompanied by a historic preservation permit, both applications shall be reviewed concurrently by the historic resources committee.
4. The director may defer action and refer the item to the first appeal authority for decision.
5. Appeal authority may review matter only if the hearing authority held a public hearing and rendered a decision; except in cases where one or more vacancies on a board or committee causes an item to be continued to a subsequent meeting in order to meet the requirements for an affirmative action.
6. The zoning administrator may defer action and refer the item to the first appeal authority for decision.
7. Administrative use permits are broken down into major and minor categories, to reflect the reduced staff time required and lower corresponding fee for projects in the minor category, pursuant to PGMC 23.70.030(b)(7).[Ord. 19-014 § 2, 2019; Ord. 17-023 § 2, 2017; Ord. 13-005 § 3, 2013; Ord. 12-005 § 4, 2012; Ord. 11-001 § 2, 2011].
23.70.015 Exemptions.
The land uses, structures, and activities noted in this section are exempt from the community development permit review requirements of this zoning code. However, nothing in this section shall eliminate the requirement to obtain grading, building, and/or other construction permits prior to starting any work, as required by the municipal code.
(a) Interior Remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within the structure, or change the approved use of the structure. (b) Reconstruction of Destroyed Uses and Structures. A use of land and/or structure destroyed by fire or natural disaster may be reestablished as it existed; provided, that:
(1) It was legally established and in compliance with this zoning code before destruction; (2) Reconstruction occurs in compliance with all applicable building, electrical, mechanical, and plumbing code requirements;
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(3) For historic buildings, the provisions of PGMC 23.76.070 (Unsafe or dangerous conditions) also apply; and
(4) For nonconforming buildings or structures, the provisions of PGMC 23.68.040 (Reestablishing or repairing a nonconforming use, building, or structure damaged or destroyed by a catastrophic event) also apply.
(c) Repairs and Maintenance. Ordinary repairs and maintenance are exempt, if:
(1) The work does not result in any change in the approved land use of the site or structure, addition to, or enlargement/expansion of the land use and/or structure; (2) The exterior repairs employ the same materials and design as the original construction. For historic structures, the repairs must use in-kind materials (i.e., materials of like size, shape, location, materials, and design as the originals) or materials that match the historic appearance; (3) The repairs are necessary to correct a condition that has been declared unsafe or dangerous by the chief building official. For historic buildings, the provisions of PGMC 23.76.070 (Unsafe or dangerous conditions) also apply; and
(4) For nonconforming buildings or structures, the provisions of PGMC 23.68.050 (Maintenance, repair, alterations and improvements to nonconforming building or structure) also apply. (d) Exterior Modifications to Buildings Listed on Historic Resources Inventory. Certain exterior modifications to structures listed on the historic resources inventory are exempt from the requirements of this zoning code, including:
(1) Re-roofing and gutter replacement with either in-kind materials or materials that match the historic appearance;
(2) Restoration of existing architectural elements, including historic elements (e.g., original windows and doors) consistent with the Secretary of the Interior’s standards and guidelines for rehabilitation; (3) Foundations and foundation skirting.
(e) Exterior Modifications to Buildings Not Listed on Historic Resources Inventory. Certain exterior modifications to structures not listed on the historic resources inventory are exempt from the requirements of this zoning code, including:
(1) In the R-1 zoning districts, exterior building color and plantings; (2) Roofing material changes or replacements, utilizing in-kind or matching color and materials; (3) Restoration of existing architectural elements;
(4) Awnings;
(5) Foundations and foundation skirting;
(6) Solar energy equipment; and
(7) Consumer-end antennas that satisfy the following:
(A) A satellite dish less than one meter (39.37 inches) in diameter and that, if mounted on a mast, is mounted no higher than needed to receive or transmit an acceptable quality signal and in no event higher than 12 feet above roofline.
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(B) An antenna designed to receive over-the-air broadcast signals, no higher than needed to receive or transmit an acceptable quality signal and in no event higher than 12 feet above roofline.
(C) A broadband radio service antenna one meter or less in diameter or diagonal measurement and that, if mounted on a mast, is mounted no higher than needed to receive or transmit an acceptable quality signal and in no event higher than 12 feet above roofline. (D) Amateur radio antennas:
(i) That are completely enclosed within a permitted building; or (ii) That consist of a single wire not exceeding one-fourth inch in diameter. Such wire antennas may be located in setback areas provided the antenna does not extend above the maximum building height in the district.
(iii) That consist of a single ground-mounted vertical pole or whip antenna not exceeding 42 feet in height, measured from finish grade at the base of the antenna, and not located in any required setback area. Support structures or masts for pole or whip antennas shall conform to standards set out in the California Building Standards Code. A building permit may be required for the support structure or mast. [Ord. 20-001 § 2 (Exh. A), 2020; Ord. 12-005 § 4, 2012; Ord. 11-001 § 2, 2011].
23.70.018 Counter review.
(a) Purpose. A counter review is a recommended, but not required, preliminary over-the-counter staff review of proposed projects or land uses.
(b) Applicability. Any property owner or owner representative may request a counter review for a proposed development project or land use on their property. (c) Review Process. Staff may: answer questions; review general compliance with the zoning code; review whether a project is exempt; and assess the need for more complete plans or documentation, further community development permit applications, or possible preapplication meetings. No application is required and no official approvals are granted. [Ord. 11-001 § 2, 2011].
23.70.020 Counter review and determination.
(a) Purpose. To comply with the zoning code, some specific projects require the chief planner or designee to verify facts or make determinations regarding such zoning standards as floor area percentages or visual significance. A counter review and determination is used by the city to determine if such projects comply with the zoning code and may proceed without further community development permits. (b) Applicability. The following project types are non-discretionary reviews that must receive a determination by the chief planner or designee before proceeding without further community development permits. Exceptions: If a new use permit, variance, or historic preservation permit is also required, see instead PGMC 23.70.030 (Staff approvals), PGMC 23.70.040 (Zoning administrator), PGMC 23.70.060 (Architectural review board), or PGMC 23.70.080 (Planning commission). If an administrative use permit or administrative variance is required, any of the projects listed under subsections (b)(1), (3), (4), (5) and (6) of this section, if located outside of the coastal zone, shall also require an administrative architectural permit, which shall be processed concurrently, pursuant to PGMC 23.70.030 (Staff approvals). If located within the coastal zone, an architectural permit shall be required for projects listed under subsections (b)(1)(A), (C) and (D), (b)(2)(F), and (b)(3)(A) and (C) of this section, pursuant to PGMC 23.70.060 (Architectural review board).
(1) For nonhistoric properties (buildings determined by the city to be ineligible for the historic resources inventory (HRI), or less than 50 years of age):
(A) In the R-1 zoning districts outside of the coastal zone:
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(i) An exterior addition to a single-family home where the addition is less than 25 percent of existing floor area and does not enlarge or create a second story. Visual significance is not a factor;
(ii) Exterior modifications and additions to a single-family home, duplex or triplex, that are 25 percent or more of existing floor area and do not enlarge or create a second story, and that the chief planner determines to be “visually insignificant” as viewed from the adjacent street(s); and
(iii) Any new impervious surfaces.
(B) In the R-1 zoning districts, both within and outside the coastal zone:
(i) Replacement of chimneys, siding, doors, porches, decks, or other exterior feature(s) on a single-family home, duplex or triplex, if the replacement materials and design are either inkind or matching the existing or original materials and design, such that the change is determined by the chief planner to be “visually insignificant” as viewed from the adjacent street(s);
(ii) Replacement of windows (including change in window location of up to 12 inches from existing location) on a single-family home, duplex or triplex, if the replacement materials are either in-kind, matching or are considered an upgrade of the existing or original materials, which would meet the definition of “visually insignificant,” pursuant to the Window Guidelines, Appendix IV of the Pacific Grove Architectural Review Guidelines; and (iii) Roof material change and/or roof pitch change, such that the change is determined by the chief planner to be “visually insignificant” as viewed from the adjacent street(s) or is considered appropriate to the architectural style of the structure. (C) In all other residential zoning districts outside of the coastal zone, exterior modifications or an exterior addition to a single-family home, duplex or triplex where the addition is less than 400 square feet or 10 percent of existing floor area, whichever is less, and where the alterations and/or addition is determined to be “visually insignificant” as viewed from the adjacent street(s) and does not enlarge or create a second story.
(D) In all other residential zoning districts outside of the coastal zone, any new impervious surfaces.
(E) In all residential zoning districts outside of the coastal zone, deer fencing meeting the height limits of PGMC 23.64.130(d).
(2) For historic properties (buildings listed on the historic resources inventory (HRI), or determined by the city to be eligible for the HRI) in any zone:
(A) In-kind replacement of original historic windows if the chief building official determines that the original windows are “too deteriorated to restore,” pursuant to the Window Guidelines, Appendix IV of the Pacific Grove Architectural Review Guidelines; (B) Replacement of nonhistoric windows with windows that match, or more closely match, original historic windows in design and materials, when photo documentation of original windows is available, or other original windows exist and can be used for comparison. If original windows or photo documentation is not available, window replacement options shall be reviewed by the city’s on-call historic consultant and a determination made by the chief planner, pursuant to the Window Guidelines, Appendix IV of the Pacific Grove Architectural Review Guidelines; (C) Replacement of historic stairs, railings, doors or porches if the chief building official determines that they are “too deteriorated to restore.” Replacement shall be with in-kind materials or, if photo documentation is available, materials and design that match the historic PGCC 12-3-25
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appearance to the extent possible and historically appropriate. If original materials or photo documentation is not available, replacement options shall be reviewed by the city’s on-call historic consultant and a determination made by the chief planner; (D) Replacement of nonhistoric stairs, railings, doors, and porches with features that match, or more closely match, original features in design and materials, when photo documentation of original features is available, or other original features exist and can be used for comparison. If original features or photo documentation is not available, replacement options shall be reviewed by the city’s on-call historic consultant and a determination made by the chief planner; (E) Repair or patching individual areas of historic exterior siding with in-kind materials, if the chief building official determines that the original siding is “too deteriorated to restore”; and (F) In all residential zoning districts outside of the coastal zone, any new impervious surfaces. (3) For buildings 50 years of age or older with an undetermined historic status:
(A) All development under subsections (b)(1)(A) and (C) of this section if the chief planner determines that the exterior modifications and additions are “visually insignificant” as viewed from the adjacent street(s);
(B) All development under subsection (b)(1)(B) of this section if the chief planner determines that the exterior modifications and additions are “visually insignificant” as viewed from the adjacent street(s);
(C) In all residential zoning districts outside of the coastal zone, any new impervious surfaces; and
(D) All replacement and repairs listed under subsections (b)(2)(A) through (E) of this section. (4) In all R-1, R-2, R-H, and M-H (when combined with R-1 or R-2 only) zoning districts, both within and outside the coastal zone, home businesses pursuant to subsection (e) of this section. (5) For all property types in all residential zoning districts, water heater or utility enclosure if the exterior material matches the existing siding.
(6) In any zoning district other than the unclassified (U), open space (O), downtown commercial (CD) and light commercial and hotel (C-1-T) zoning districts:
(A) Minor sign face change within an existing and approved sign frame, if substantially conforming to the existing sign approval and the requirements of Chapter 20.04 PGMC (Signs); and
(B) Water cisterns or rainwater collection equipment 1,500 gallons or less in capacity if determined by the chief planner to be “visually insignificant,” and if located to the sides or rear of buildings and outside of building setback areas.
(7) In the downtown commercial (C-D) and light commercial and hotel (C-1-T) zoning districts, signs meeting all applicable development standards and design guidelines contained in Chapter 20.05 PGMC.
(8) Any proposed use listed as a “permitted use” in Table 23.31.030. (9) Any proposed use requiring an administrative use permit or use permit, as listed in Table
23.31.030, shall only require a counter review and determination if the proposed use will replace an existing use of the same size and use category which already has a valid administrative use permit or use permit.
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(10) Projects which meet the following requirements are entitled to review as a use by-right:
(1) Project is located on a site suitable for residential development as defined in California Government Code Section 65583.2 and identified for lower-income households in the adopted 6th Cycle Housing Element Site Inventory that are shown to be the following:
(i) Vacant and listed in the Site Inventory of two or more consecutive Housing Elements; or (ii) Non-vacant and listed in the Site Inventory of a previous Housing Element. (2) The project is proposed to include 20 percent of the total number of housing units available to lower-income households.
(c) Review Process. A “counter review and determination” application, as well as accurate plans, drawings, photographs, and other documentation, as applicable, are required. The application review is ministerial in nature, in that the determinations are arrived at objectively, involve little or no personal judgment, and are issued by the chief planner. Though called a “counter” review, if staff research is needed, a counter review and determination may take up to three business days. Note: If an administrative use permit or administrative variance is required, any of the projects listed under subsections (b)(1), (3), (4), (5) and (6) of this section, if located outside of the coastal zone, shall also require an administrative architectural permit, which shall be processed concurrently, pursuant to PGMC
23.70.030 (Staff approvals). If located within the coastal zone, an architectural permit shall be required for projects listed under subsections (b)(1)(A), (C) and (D), (b)(2)(F), and (b)(3)(A) and (C) of this section, pursuant to PGMC 23.70.060 (Architectural review board). (d) Determination. If the chief planner determines that the proposed project or land use complies with all zoning code provisions or is otherwise exempt from these regulations, the application will be signed by the chief planner or designee, the supporting documents stamped with an official notation of compliance, and no further community development permits will be required. Grading, building, and/or other construction permits may be required prior to starting any work, according to the requirements of the municipal code.
(e) Appeals of Determinations. For appeals of these determinations, see PGMC 23.74.020(a). (1) Projects pursuant to California Government Code Section 65583.2 may be appealed to the Planning Commission only by the applicant or the owner of the subject property. (f) Effective Date of Determination. The determination shall become effective only when:
(1) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and (2) All necessary prior approvals have been obtained. [Ord. 13-023 § 5, 2013; Ord. 13-003 § 20, 2013; Ord. 12-005 § 4, 2012; Ord. 11-001 § 2, 2011].
23.70.030 Staff approvals.
(a) Purpose. This section establishes procedures and findings for the issuance of, and effective time periods for, staff-approved permits. No public hearings are held unless a request for a hearing is submitted or the director refers it to the hearing authority. The intent of this section is to ensure that community development permits are in compliance with the general plan, local coastal program, and these regulations, and are issued quickly yet allow for public review. (b) Applicability. As summarized in Table 23.70.012-1, the director or designee is the decision-making authority for the following community development permits:
(1) Administrative Architectural Permits (On HRI, Determined by the City to Be Eligible for the HRI, or 50 Years of Age or Older with an Undetermined Historic Status). In all residential zoning districts, PGCC 12-3-25
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administrative architectural permits may be granted for the following structures and the following alterations to buildings listed on the historic resources inventory (HRI), determined by the city to be eligible for the HRI, or to buildings that are 50 years of age or older and have an undetermined historic status:
(A) Outside of the coastal zone, an exterior modification to side and/or rear elevations, or an addition to side and/or rear elevations where the addition is less than 400 square feet or 10 percent of existing floor area, whichever is less, of a single-family home, duplex or triplex, if all of the following apply:
(i) Does not enlarge or create a second story; and
(ii) The director has determined that it is consistent with the Secretary of the Interior’s Standards for Historic Rehabilitation and the State Historic Building Code. (B) Outside of the coastal zone, Category 1 detached accessory structures larger than 120 square feet, pursuant to Table 23.64.180.
(C) Both within and outside the coastal zone, deer fencing, not to exceed six feet, if within front, side, and rear yards, pursuant to PGMC 23.64.130(d).
Exception: If accompanied by a historic preservation permit application, an administrative architectural permit shall be referred to the historic resources committee to hold a public hearing and to take action on both applications concurrently, pursuant to PGMC 23.70.070. (2) Administrative Architectural Permits (Not on HRI). Administrative architectural permits may be granted for the following structures and the following alterations to a building that has been determined by the city to be ineligible for the historic resources inventory, or is less than 50 years of age:
(A) In the R-1 zoning districts outside of the coastal zone, any exterior modifications or additions to a single-family home, duplex or triplex that are 25 percent or more of existing floor area and do not enlarge or create a second story, if the director determines that the exterior modifications and additions are “visually significant” as viewed from the adjacent street(s); (B) In the R-1 zoning districts outside of the coastal zone, any of the following modifications to a single-family home, duplex or triplex:
(i) Replacement of chimneys, siding, doors, porches, decks, or other exterior feature(s), if the replacement materials and design are determined by the director to be “visually significant” as viewed from the adjacent street(s);
(ii) Replacement of windows (including change in window location of up to 12 inches from existing location), if the replacement materials meet the definition of “visually significant,” pursuant to the Window Guidelines, Appendix IV of the Pacific Grove Architectural Review Guidelines; and
(iii) Roof material change and/or roof pitch change, such that the change is determined by the director to be “visually significant” as viewed from the adjacent street(s); (C) In the R-2, R-3, and R-4 zoning districts, outside of the coastal zone, any of the following modifications or additions to a single-family home, duplex or triplex:
(i) Replacement of chimneys, siding, doors, porches, decks, or other exterior feature(s), if the replacement materials and design are either in-kind or matching the existing or original materials and design, such that the change is determined by the director to be “visually insignificant” as viewed from the adjacent street(s);
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(ii) Replacement of windows (including change in window location of up to 12 inches from existing location), if the replacement materials are either in-kind, matching or are considered an upgrade of the existing or original materials, which would meet the definition of “visually insignificant,” pursuant to the Window Guidelines, Appendix IV of the Pacific Grove Architectural Review Guidelines;
(iii) Roof material change and/or roof pitch change, such that the change is determined by the director to be “visually insignificant” as viewed from the adjacent street(s) or is considered appropriate to the architectural style of the structure; (iv) Exterior modifications and additions that are 25 percent or more of existing floor area and do not enlarge or create a second story, and that the director determines to be “visually insignificant” as viewed from the adjacent street(s); and (v) Exterior modifications or an exterior addition, where the addition is less than 400 square feet or 10 percent of existing floor area, whichever is less, and where the alterations and/or addition is determined to be “visually significant” as viewed from the adjacent street(s) and does not enlarge or create a second story;
(D) Roof overhang, roofing material, and siding material modifications for any mobile home installed in other than the R-1-M-H district;
(E) Water heater or utility enclosure if the exterior material does not match the existing siding and the director determines it is “visually significant” as viewed from the adjacent street(s); (F) Water cisterns or rainwater collection equipment not meeting the provisions of PGMC
23.70.020(b)(6)(B);
(G) Outside of the coastal zone, Category 1 detached accessory structures larger than 120 square feet, pursuant to Table 23.64.180; and
(H) Within the coastal zone, deer fencing, not to exceed six feet, if within front, side, and rear yards, pursuant to PGMC 23.64.130(d).
(3) An administrative architectural permit shall also be required for projects located outside the coastal zone and listed in PGMC 23.70.020(b)(1), (3), (4), (5) or (6), that are accompanied by an administrative use permit or administrative variance. The two permits shall be processed concurrently, in accordance with this section. If located within the coastal zone, an architectural permit shall be required for projects listed under PGMC 23.70.020(b)(1)(A), (C) and (D) and (b)(3)(A) and (C), pursuant to PGMC 23.70.060 (Architectural review board), and PGMC 23.70.020(b)(2)(F) pursuant to PGMC 23.70.070 (Historic resources committee). (4) Architectural Design Changes. Once an architectural permit, outside the coastal zone, or an administrative architectural permit has been approved, but before the associated building permit has been finaled, changes that modify the exterior elevations of the project shall be processed as an architectural design change; provided, that cumulative design changes to a prior architectural permit or administrative architectural permit shall not appreciably alter the originally approved design. This applies to properties either on the HRI or not on the HRI.
Exception: If accompanied by a historic preservation permit application, an administrative design change shall be referred to the historic resources committee to hold a public hearing and to take action on both applications concurrently, pursuant to PGMC 23.70.070. (5) Lot Mergers. Lot mergers, in accordance with this section and the procedures in PGMC
24.04.030 (Definitions).
(6) Administrative Sign Permit. An administrative sign permit may be granted for the following:
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(A) A flat sign in the C-1, C-FH, C-2, or I zone that has a sign area of 25 square feet or less, is attached to or is painted on a building so as not to project more than six inches from the building, and is the only permanent sign displayed on the premises; (B) New commercial signs or modifications to an existing sign that comply with an existing master sign program for the site; and
(C) In the downtown commercial (C-D) and light commercial and hotel (C-1-T) zoning districts, signs meeting all applicable development standards, but not all applicable design guidelines, contained in Chapter 20.05 PGMC.
(7) Administrative Use Permits. Administrative use permits and administrative use permit amendments may be granted for the following:
(A) Major Administrative Use Permits.
(i) Detached or semi-detached rooms within the R-1 zoning districts; (ii) Averaging of side yards for interior sites within the R-1 and R-2 zoning districts, pursuant to PGMC 23.16.060(b)(1) and 23.20.070(b)(1);
(iii) Accessory buildings and structures that are 120 square feet or less in area, pursuant to Table 23.64.180;
(iv) Roominghouses, boardinghouses, and professional uses within the R-4 zoning district; (v) Uses requiring an administrative use permit in the C-1, C-1-T, C-D, C-FH, C-2, C-V, or I zoning district, pursuant to Table 23.31.030, except as provided in PGMC 23.70.020(b)(8); (vi) Temporary uses within the C-1, C-1-T, C-D, C-FH, and C-V zoning districts, pursuant to Table 23.31.030;
(vii) Gardening on vacant lots within the C-1, C-1-T, C-D, C-FH, C-2, or C-V zoning district; (viii) Uses allowed with a use permit within the R-3-P.G.B. zoning district; (ix) Earth and mineral extraction for commercial purposes; (x) Foster and day care homes under PGMC 23.64.110 (Family day care homes); (xi) Projection of open porches, stairways, etc., under PGMC 23.64.160 (yards); (xii) Accessory storage of portable or movable objects under PGMC 23.64.185 (accessory use);
(xiii) Extension, change, or restoration of a nonconforming use under Chapter 23.68 PGMC (Nonconforming Uses and Buildings);
(xiv) Wireless eligible facilities requests (for modification of previously permitted wireless telecommunications facilities); and
(xv) Consumer-end antennas not exempted from this code. (B) Minor Administrative Use Permits.
(i) Structures, appurtenances, fences, deer fences, hedges, screen plantings, or other visual obstructions (other than allowed garden structures) in excess of height limits under PGMC
23.64.120; and
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(ii) Garden structures exceeding the standards required by PGMC 23.64.119 (Garden structures).
(8) Administrative Variances. Administrative variances and administrative variance amendments may be granted for the following:
(A) Reductions in required yards or setbacks that are 20 percent or less of the required distance; (B) Increases in allowable building site coverage of five percent or less for additions to an existing structure;
(C) The occupancy of any part of a required side or rear yard by a driveway or parking pad; and (D) The elimination of a required covered parking space in the R-1 zoning districts where the absence of the space is a legal nonconforming condition of an existing single-family use and where a parking space is not physically possible.
(c) Review Process. Upon submittal of one of the community development permit applications listed in this section, the department shall process it in accordance with Chapter 23.72 PGMC (Permit Application Filing and Processing) and the following:
(1) Staff reviews the proposed project for compliance with the general plan, certified local coastal program, these regulations, and other applicable conditions and regulations. (2) The director issues a notice of administrative decision, pursuant to the procedures in PGMC
23.86.030, or determines that the permit application presents issues of sufficient public concern to warrant a public hearing and refers the application directly to the appropriate hearing authority, pursuant to Table 23.70.012-1. The hearing authority decision may be appealed or called up in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups). (3) If no written request for a hearing is received by the department within 10 days of the issuance of the notice of administrative decision, the action of the director is final, and the appeal and call-up procedures in Chapter 23.74 PGMC (Appeals and Call-Ups) do not apply. (d) Review Criteria. For architectural review projects, the criteria in PGMC 23.70.060(e) shall apply. (e) Findings Required for Approval. Permit applications under this section shall be approved or approved with conditions, only if the review authority first makes all of the following applicable findings:
(1) Findings for All Staff Approvals under This Section Other Than Wireless Eligible Facilities Requests and Temporary Wireless Telecommunications Facilities. (A) The proposed development conforms to the applicable provisions of the general plan, the local coastal program, any applicable specific plan, and these regulations; (B) The proposed development is located on a legally created lot; (C) The subject property is in compliance with all laws, regulations, and rules pertaining to uses, subdivision, setbacks, and any other applicable provisions of this municipal code, and all applicable zoning violation enforcement and processing fees have been paid; and (D) The proposed development is in compliance with all citywide permits, including, but not limited to, the National Pollutant Discharge Elimination System (NPDES) permit. (2) Additional Findings for Administrative Architectural Permits and Architectural Design Changes. (A) The architecture and general appearance of the completed project are compatible with the neighborhood; and
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(B) The completed project will neither be detrimental to the orderly and harmonious development of the city nor impair the desirability of investment or occupation in the neighborhood; and (C) The director has been guided by and has made reference to applicable provisions of the architectural review guidelines in making its determinations on single-family residences. (3) Additional Findings for Exterior Alterations to Structures on the Historic Resources Inventory (HRI).
(A) The exterior alteration of any building or structure on the historic resources inventory is consistent with the Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings; and
(B) The exterior alteration of any structure on the historic resources inventory complies with Appendices I through IV of the Pacific Grove Architectural Review Guidelines. (4) Additional Finding for Administrative Sign Permits. The proposed sign effectively conveys the business identity to the public and possesses pleasing elements of design that protect and enhance the architectural character and harmony of the buildings and neighborhood in which it is located. (5) Additional Findings for Administrative Use Permits and Variances. (A) The findings in PGMC 23.70.080(a)(4) shall apply to administrative use permits; (B) Additional Finding for Administrative Use Permits for Fences, Deer Fences, and Garden Structures. The proposed fencing, and/or garden structure, will be in keeping with the neighborhood and will not obstruct views, air or light from the adjoining public street(s) without there being unique or exceptional circumstances of the property to warrant it; and (C) The findings in PGMC 23.70.080(b)(4) shall apply to administrative variances. (6) Administrative Use Permit (AUP) Findings for Wireless Eligible Facilities Requests. (A) The proposed wireless telecommunications facility qualifies as a wireless eligible facilities request, satisfying each element specified in 47 CFR Sections 1.6001 through 1.6100, as may be amended.
(B) The findings required by subsections (e)(1)(B) through (D) of this section shall apply, except as specifically preempted by federal law.
(C) The proposed wireless telecommunications facility complies with applicable safety codes and guidelines, and FCC regulations governing radiofrequency emissions. (7) Additional Findings for Customer-End Antennas.
(A) The proposed height, and design, and placement of the antenna is consistent with applicable safety codes, including setback requirements;
(B) The proposed height and design are required to receive service, or to engage in amateur radio communications;
(C) The proposed antennas have been designed and placed to minimize the visual impact of the antennas and their effect on adjoining properties, including through the use of shielding and landscaping; and
(D) Approval is required under applicable FCC regulations. (f) Effective Date of Decision. The decision shall become effective only when:
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(1) The 10-day request for hearing period has expired, or the appeal period following a hearing authority decision has expired or, if appealed further or called up, after final action by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and (2) All necessary prior approvals have been obtained. [Ord. 20-001 § 2 (Exh. A), 2020; Ord. 17-023 § 2, 2017; Ord. 13-023 § 5, 2013; Ord. 13-005 § 3,
2013; Ord. 13-003 § 20, 2013; Ord. 12-005 § 4, 2012; Ord. 11-001 § 2, 2011].
23.70.040 Zoning administrator.
(a) Purpose. This section establishes a zoning administrator, duties, and procedures for the purpose of providing an appropriate public review and approval process for certain community development permits, but less process than that required for board or commission review. (b) Establishment. The city manager shall appoint a zoning administrator to grant community development permit approvals where required by these regulations, and to promote the orderly and harmonious development of the city. The zoning administrator shall conduct public hearings and render decisions on permits in accordance with this section and Chapter 23.86 PGMC (Public Meeting and Hearing Procedures).
(c) Applicability.
(1) As summarized in Table 23.70.012-1, the zoning administrator is the decision-making authority for the following permits and activities:
(A) Interpretation of permitted use lists in commercial and industrial districts; (B) Historic relocation permit – on-site; and
(C) Parcel map.
(2) If a permit application is referred by the chief planner, or if a written request for a hearing is received within 10 days of the department’s issuance of a notice of administrative decision, the zoning administrator shall also act as the decision-making authority and take action on the following:
(A) Administrative architectural permit – not on HRI;
(B) Architectural design change – not on HRI;
(C) Lot merger;
(D) Administrative sign permit;
(E) Administrative use permit or administrative use permit amendment; and (F) Administrative variance or administrative variance amendment. (d) Review Process.
(1) For interpretations of permitted use lists, application processing shall be in accordance with Chapter 23.82 PGMC (Interpretations of Permitted Use Lists). (2) Upon submittal of one of the community development permit applications listed in this section, the department shall process it in accordance with Chapter 23.72 PGMC (Permit Application Filing and Processing) and the following:
(A) Staff reviews for compliance with the general plan, certified local coastal program, these regulations, and other applicable conditions and regulations.
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(B) Staff schedules the item for zoning administrator hearing and prepares the noticing, pursuant to the procedures in Chapter 23.86 PGMC (Public Meeting and Hearing Procedures). (C) The zoning administrator holds a public hearing and either approves, approves with conditions, or disapproves the item. The action is subject to appeal or call-up in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups).
(e) Review Criteria. For architectural review projects, the criteria in PGMC 23.70.060(e) shall apply. (f) Findings Required for Approval. Permit applications under this section shall be approved, or approved with conditions, only if the zoning administrator first makes all of the following applicable findings:
(1) Findings for interpretations of permitted use lists are provided in PGMC 23.82.050. (2) Findings for all permit applications decided by the zoning administrator under this section:
(A) The proposed development conforms to the applicable provisions of the general plan, the local coastal program, any applicable specific plan, and these regulations; (B) The proposed development is located on a legally created lot; (C) The subject property is in compliance with all laws, regulations, and rules pertaining to uses, subdivision, setbacks, and any other applicable provisions of this code, and all applicable zoning violation enforcement and processing fees have been paid; and (D) The proposed development is in compliance with all citywide permits, including, but not limited to, the National Pollutant Discharge Elimination System (NPDES) permit. (3) Additional Findings for Administrative Architectural Permits and Architectural Design Changes. (A) The architecture and general appearance of the completed project are compatible with the neighborhood; and
(B) The completed project will neither be detrimental to the orderly and harmonious development of the city nor impair the desirability of investment or occupation in the neighborhood; and (C) The zoning administrator has been guided by and has made reference to applicable provisions of the architectural review guidelines in making its determinations on single-family residences.
(4) Additional Finding for Administrative Sign Permits. The proposed sign effectively conveys the business identity to the public and possesses pleasing elements of design that protect and enhance the architectural character and harmony of the buildings and neighborhood in which it is located. (5) Additional Findings for Administrative Use Permits. (A) The findings in PGMC 23.70.080(a)(4) shall apply to administrative use permits; and (B) Additional Finding for Administrative Use Permits for Fences, Deer Fences, and Garden Structures. The proposed fencing, and/or garden structure, will be in keeping with the neighborhood and will not obstruct views, air or light from the adjoining public street(s) without there being unique or exceptional circumstances of the property to warrant it. (6) Additional Findings for Administrative Variances. The findings in PGMC 23.70.080(b)(4) shall apply to administrative variances.
(g) Effective Date of Permit Approval. The permit approval shall become effective only when:
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(1) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and (2) All necessary prior approvals have been obtained. [Ord. 12-005 § 4, 2012; Ord. 11-001 § 2, 2011].
23.70.050 Site plan review committee.
(a) Purpose. The purpose of the site plan review committee (SPRC) is to encourage well-designed multifamily residential, commercial, and industrial development. The SPRC’s review does not apply to single-family residences outside of the coastal zone. The SPRC studies the siting of proposed construction and its impact upon the existing topography and natural vegetation, and the relationship of proposed construction to existing public and private improvements in the immediate area. It does not act on architectural aspects. It encourages the elimination of unnecessary grading, and endeavors to retain the natural character of the site, including the preservation of trees. The SPRC ensures that site plans conform to a logical plan of site development; have adequate parking facilities, driveways, entrances, and exits; provide an appropriate arrangement, location, and design of required open spaces and recreational facilities; and incorporate other pertinent project features, so that development will not be detrimental to vehicular or pedestrian traffic on adjacent streets, will provide adequate light and air, will provide adequate access for firefighting equipment and, in general, will provide a desirable and well designed facility. The SPRC also reviews and approves lot-line adjustments. (b) Establishment. The city manager shall appoint a site plan review committee, which shall consist of the director, city engineer, fire chief, and chief building official, or their representatives. The SPRC may adopt such rules as are needed for the conduct of its deliberations. The director or designee shall serve as chairperson of the SPRC. A quorum of the SPRC shall consist of not less than three members of the SPRC, one of whom shall be the director. An affirmative vote of a majority of the total members of the SPRC shall be required for any action by the SPRC.
(c) Applicability. As summarized in Table 23.70.012-1, the site plan review committee is the decisionmaking authority or reviews and comments on the following permits and activities:
(1) Siting and lot coverage in the coastal zone. Pursuant to Policy No. 3.4.5.2 of the local coastal program, the SPRC shall review and comment on the siting of each new development and the expected area of disturbance around each residence within the coastal zone, and review and comment on any property owner request to exceed the maximum lot coverage of 15 percent of a total lot area within the coastal zone.
(2) Projects of $50,000 or more. The SPRC shall review and comment on any structure or site work valued at $50,000 or more, as determined by the chief building official, including the structural alteration, or addition to, existing structures or works.
Exceptions. This section shall not apply to:
(A) Interior alterations and remodeling that do not involve a change in occupancy as defined by the Uniform Building Code;
(B) Exterior alterations not involving an increase in floor area; or (C) Single-family residences in all residential zones outside of the coastal zone. (d) Review Process. Upon submittal of an application for site plan review, the department shall process it in accordance with the following:
(1) Staff reviews the application to ensure it is complete based on the submittal requirements provided by the department.
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(2) For site plan reviews, the SPRC holds a meeting to review and comment on the project. No formal action is taken. Comments are forwarded to the review authority for the associated community development permit.
(e) Required Improvements. The SPRC will ensure compliance with the following requirements as part of its site plan review:
(1) Street Frontage Improvements. Curb, gutter, sidewalk, street pavement, and concrete driveway aprons shall be installed along all street frontages of the site in compliance with the requirements of Chapter 24.12 PGMC. The requirements of this section shall not apply to the erection, construction, or reconstruction of agricultural structures or uses. If the city engineer determines that engineering considerations will make the required improvements infeasible or if the SPRC finds that there is a prevailing design element of the neighborhood that runs counter to usual standards, the site plan review committee may modify the improvement requirements to conform to engineering feasibility or a prevailing neighborhood design element.
(2) Deferral of Improvements. The SPRC may recommend to the review authority the deferral of required improvements after a written request from the applicant, if the SPRC first determines that special or unusual circumstances warrant the deferral. When recommending a deferral, the SPRC shall specify a time limit for deferral, which shall not exceed one year, unless extended by subsequent action of the review authority. If a deferral is ultimately granted, the applicant shall furnish a satisfactory faithful performance bond, cash contribution, or other guarantee acceptable to the city, to ensure that the work will be performed.
(f) Criteria for Site Plan Review. The SPRC will review and comment on whether site plans submitted for review incorporate the following criteria:
(1) Necessary street improvements to control and provide for traffic movement arising from the development;
(2) Safe pedestrian movement on or adjoining the property; (3) Safe and sanitary control of surface and subsurface drainage on or adjoining the property; (4) Attractive and sanitary provisions for refuse storage and disposal; (5) Appropriate and adequate automobile parking spaces; and (6) Fulfillment of the purposes of subsection (a) of this section. (g) Building Permit Issuance. No building permit shall be issued for structures subject to the provisions of this section until the SPRC has completed its deliberations. The chief building official shall not allow final public utility connections to any structure until the applicant has complied with all applicable provisions of this section. [Ord. 19-014 § 3, 2019; Ord. 11-001 § 2, 2011].
23.70.060 Architectural review board.
(a) Purpose. This section establishes procedures for the city’s architectural review of structures, in order to promote the orderly and harmonious development of the city, and to protect its architectural character. (b) Establishment. The architectural review board is hereby established as follows:
(1) Membership. The board shall consist of five voting members, appointed by the mayor, with the approval of the council. At least four members shall be residents registered to vote in the city of Pacific Grove. At least two members shall have professional experience as an architect, landscape architect, engineer, designer, or draftsperson; or have experience in the building industry. A member not registered to vote in the city of Pacific Grove shall have demonstrated architectural experience in the city of Pacific Grove.
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(2) Term of Office, Attendance. All appointees shall serve for a two-year term, and may be removed at the pleasure of the council. Three of the board members shall be appointed for terms ending on January 31st in odd-numbered years, and four for terms ending on January 31st in even-numbered years. A member’s seat shall be deemed vacated upon two consecutive absences from regular meetings without being excused by the chair.
(3) Meetings. The board shall meet no less frequently than once per month and may adopt rules as needed for the conduct of its deliberations, including the selection of the member who shall serve as chair.
(c) Applicability. As summarized in Table 23.70.012-1, the architectural review board is the decisionmaking authority for structures not listed on the historic resources inventory for the following permits:
(1) Outside of the coastal zone, architectural permits for new construction, major alterations to existing structures, or demolition and reconstruction of structures. This section does not apply to any project listed in PGMC 23.70.020, 23.70.030 and 23.70.040, including a design change to an approved architectural permit that meets the provisions of PGMC 23.70.030(b)(4); (2) Within the coastal zone, architectural permits for new construction, major and minor alterations to existing structures, or demolition and reconstruction of structures, including an amendment to an approved architectural permit. This section does not apply to any project listed in PGMC
23.70.020(b)(1)(B), (2)(A) through (E), (3)(B) and (D), (4), (5), and (6); (3) Within the coastal zone, architectural permits for Category 1 detached accessory structures larger than 120 square feet, pursuant to Table 23.64.180;
(4) Sign permits, pursuant to Chapter 20.04 PGMC (Signs) and PGMC 20.05.070. This section does not apply to any counter review and determination or administrative sign permit under PGMC
23.70.020, 23.70.030 and 23.70.040;
(5) Whenever otherwise required by this code.
(d) Review Process. Upon submittal of one of the community development permit applications listed in this section, the department shall process it in accordance with Chapter 23.72 PGMC (Permit Application Filing and Processing) and the following:
(1) Staff reviews for compliance with the general plan, certified local coastal program, these regulations, and other applicable conditions and regulations. (2) Staff schedules the item for an architectural review board hearing and prepares the noticing, pursuant to the procedures in Chapter 23.86 PGMC (Public Meeting and Hearing Procedures). (3) The board holds a public hearing and approves, approves with conditions or disapproves each item. The action is subject to appeal in accordance with Chapter 23.74 PGMC (Appeals and CallUps). (e) Review Criteria. In carrying out the purposes of this chapter, the board shall consider in each specific case any or all of the following as may be appropriate:
(1) The city of Pacific Grove Architectural Review Guidelines. (2) The siting of any structure on the property as compared to the siting of other structures in the immediate neighborhood and the surrounding area.
(3) All structures shall have simplicity of mass and detail and shall not strive for bizarre effects. There shall be an appropriate use of material. Except as exempt pursuant to PGMC 23.70.015 (Exemptions), colors shall be in good taste and never harsh, garish, or inappropriate to the other colors designated for the structure or to the surrounding environment. Architectural character shall be PGCC 12-3-25
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aesthetically pleasing of itself and shall either harmonize with adjacent structures, or shall complement architectural characteristics of adjacent structures by means of dignified contrast.
In consideration of architectural or stylistic character and detail, the simple dignity of early California architecture and the romantic character of the Victorian styles as exemplified in the early buildings of Pacific Grove shall be considered as models suitable for emulation, but studied copying of past styles shall be considered as neither necessary nor greatly to be desired. (4) When required, landscaping shall be designated as required by PGMC Title 12 (Trees and Vegetation), the State Model Landscape Ordinance, and these regulations. (A) At least 80 percent of the street frontage of gasoline or service stations unused for driveways shall be landscaped.
(B) Parking lots, used car lots, service stations, or similar uses that park or store over five vehicles shall be landscaped.
(5) The size, location, and arrangement of on-site parking and paved areas together with ingress, egress, and internal traffic circulation shall be considered and shall be subject to the board’s approval.
(f) Findings Required for Approval. The board shall determine from the materials submitted whether:
(1) The architecture and general appearance of the completed project are compatible with the neighborhood; and
(2) The completed project will neither be detrimental to the orderly and harmonious development of the city nor impair the desirability of investment or occupation in the neighborhood; and (3) The board has been guided by and has made reference to applicable provisions of the architectural review guidelines in making its determinations on single-family residences. (4) Additional Finding for Sign Permits. The proposed sign effectively conveys the business identity to the public and possesses pleasing elements of design that protect and enhance the architectural character and harmony of the buildings and neighborhood in which it is located. (g) Effective Date of Permit Approval. The permit approval shall become effective only when:
(1) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and (2) All necessary prior approvals have been obtained. [Ord. 21-021 § 2, 2021; Ord. 18-013 § 3, 2018; Ord. 17-023 § 2, 2017; Ord. 13-023 § 5, 2013; Ord. 12-005 § 4, 2012; Ord. 11-001 § 2, 2011].
23.70.070 Historic resources committee.
(a) Purpose. This section establishes procedures for the city’s determinations on additions and deletions to the historic resources inventory, in order to preserve, protect, enhance and perpetuate those historic structures and neighborhoods that contribute to the cultural and aesthetic heritage of Pacific Grove. (b) Establishment. The historic resources committee is hereby established pursuant to PGMC 23.76.021. (c) Applicability.
(1) Decision-Making Authority. As summarized in Table 23.70.012-1, the historic resources committee is the decision-making authority for historic determinations, which are additions to and deletions from the historic resources inventory, pursuant to the evaluation criteria in PGMC
23.76.025 and for structures listed on the historic resources inventory for the following permits per PGMC 23.76.080:
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(A) Outside of the coastal zone, architectural permits for new construction, major alterations to existing structures, or demolition and reconstruction of structures. This section does not apply to any project listed in PGMC 23.70.020, 23.70.030 and 23.70.040, including a design change to an approved architectural permit that meets the provisions of PGMC 23.70.030(b)(4); (B) Within the coastal zone, architectural permits for new construction, major and minor alterations to existing structures, or demolition and reconstruction of structures, including an amendment to an approved architectural permit. This section does not apply to any project listed in PGMC 23.70.020(b)(2)(A) through (E), (3)(D), (4), (5), and (6)(B); (C) Historic preservation permits for exceptions to land use regulations involving structures on the historic resources inventory, pursuant to PGMC 23.76.060; (D) Historic demolition permits for the demolition of any structure on the historic resources inventory, pursuant to PGMC 23.76.090;
(E) Historic relocation permits for the off-site relocation of any structure on the historic resources inventory, pursuant to PGMC 23.76.100;
(F) If referred by the director or if a written request for a hearing is received within 10 days of the department’s issuance of a notice of administrative decision, for one of the following applications:
(i) Administrative architectural permit;
(ii) Architectural design change; and
(G) Whenever otherwise required by this code.
(2) Recommending Authority. As summarized in Table 23.70.012-1, the historic resources committee is the recommending authority for initial historic screening requests. The committee shall make a recommendation to the director as to whether a determination of ineligibility can be made or if a Phase 1 historic assessment is needed to determine the historicity of a structure. (3) Other Duties. Other duties as set out in this chapter, in Chapter 23.76 PGMC, or as directed by the city council.
(d) Review Process. Upon submittal of one of the applications listed in this section, the department shall process it in accordance with Chapter 23.72 PGMC and the following:
(1) Staff reviews for compliance with the general plan, certified local coastal program, these regulations, and other applicable conditions and regulations. (2) Staff schedules the item for a historic resources committee hearing and prepares the noticing, pursuant to the procedures in Chapter 23.86 PGMC (Public Meeting and Hearing Procedures). (3) The committee holds a public hearing and approves or disapproves each item for which the committee is the decision-making authority. The action is subject to appeal in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups). The committee holds a public hearing and makes a recommendation on each item for which the committee is the recommending authority. (e) Historic Determination Review Criteria. In carrying out the purposes of this chapter, the historic resources committee shall consider the evaluation criteria in PGMC 23.76.025 (Evaluation criteria). (f) Findings Required for Approval. The historic resources committee shall determine from the application materials submitted whether historic determinations comply with the provisions of Section 15064.5 of the California Environmental Quality Act (CEQA) Guidelines (California Code of Regulations Title 14, Chapter 3) and the evaluation criteria in PGMC 23.76.025.
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(g) Architectural Permit Review Criteria. In carrying out the purposes of this chapter, the historic resources committee shall consider the evaluation criteria in PGMC 23.70.060(e). (h) Findings Required for Approval. The historic resources committee shall determine from the application materials submitted whether:
(1) The architecture and general appearance of the completed project are compatible with the neighborhood; and
(2) The completed project will neither be detrimental to the orderly and harmonious development of the city nor impair the desirability of investment or occupation in the neighborhood; and (3) The committee has been guided by and has made reference to applicable provisions of the architectural review guidelines in making its determinations on single-family residences. (4) Additional Findings for Exterior Alterations to Structures on the Historic Resources Inventory (HRI):
(A) The exterior alteration of any structure on the historic resources inventory is consistent with the Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings; and (B) The exterior alteration of any structure on the historic resources inventory complies with Appendices I through IV of the Pacific Grove Architectural Review Guidelines. (i) Effective Date of Approval. The permit approval shall become effective only when:
(1) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and (2) All necessary prior approvals have been obtained. [Ord. 17-023 § 2, 2017; Ord. 11-001 § 2, 2011].
23.70.080 Planning commission.
(a) Use Permits and Use Permit Amendments.
(1) Purpose. The purpose of the planning commission’s review of use permits is to allow for activities and uses that may be desirable in the applicable zoning district and compatible with adjoining land uses, but whose effect on a site and
its surroundings cannot be determined before being proposed for a particular location.
The procedures of this section provide for the review of the configuration, design, location, and potential impacts of the proposed use, to evaluate its compatibility with surrounding uses, and to address the suitability of the use to the site.
(2) Applicability. As summarized in Table 23.70.012-1, the planning commission is the decisionmaking authority for use permits and use permit amendments. The planning commission shall approve, approve with conditions, or disapprove use permit applications.
Exceptions: Administrative use permits and administrative use permit amendments shall be processed in accordance with PGMC 23.70.030 (Staff approvals). See also exception in PGMC
23.70.020(b)(8) (Counter review and determination).
(3) Review Process. Upon submittal of a use permit or use permit amendment application, the department shall process it in accordance with Chapter 23.72 PGMC (Permit Application Filing and Processing) and the following:
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(A) Staff reviews for compliance with the general plan, certified local coastal program, and the purpose and intent of this section.
(B) Staff schedules the item for a planning commission hearing and prepares the noticing, pursuant to the procedures in Chapter 23.86 PGMC (Public Meeting and Hearing Procedures). (C) The planning commission holds a public hearing and approves, approves with conditions, or disapproves each item. The action is subject to appeal in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups).
(4) Findings Required for Approval. The planning commission may approve a use permit, other than a use permit amendment that is a wireless eligible facilities request, only after first making the following findings:
(A) The proposed use is allowed with a use permit within the applicable zoning district and complies with all applicable provisions of these regulations; (B) The proposed use is consistent with the general plan, the local coastal program, and any applicable specific plan;
(C) The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use;
(D) The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city; and (E) The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (5) Conditions of Approval. In approving a use permit, the planning commission may impose conditions (e.g., buffers, hours of operation, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, time limits, traffic circulation) deemed reasonable and necessary to ensure that the approval will be in compliance with the findings required in subsection (a)(4) of this section. (6) Effective Date of Approval. The permit approval shall become effective only when:
(A) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and (B) All necessary prior approvals have been obtained.
(b) Variances and Variance Amendments.
(1) Purpose. The purpose of the planning commission’s review and action on variances and variance amendments is to allow for exceptions from the development standards of this title only when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of these regulations denies the property owner privileges enjoyed by other property owners in the vicinity or in an identical zoning district. Variances must be necessary for the preservation and enjoyment of substantial property rights of the applicant, and may not affect adversely the health or safety of neighbors. (2) Applicability. As summarized in Table 23.70.012-1, the planning commission is the decisionmaking authority for variances and variance amendments. The planning commission shall approve, approve with conditions, or disapprove variances and variance amendments. Variances may not be used to vary from allowed land uses, maximum residential density, specific prohibitions, or procedural requirements.
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Exceptions: Administrative variances and administrative variance amendments shall be processed in accordance with PGMC 23.70.030 (Staff approvals).
(3) Review Process. Upon submittal of a variance or variance amendment application, the department shall process it in accordance with Chapter 23.72 PGMC (Permit Application Filing and Processing) and the following:
(A) Staff shall review for compliance with the general plan, certified local coastal program, and the purpose and intent of this section.
(B) Staff shall schedule the item for a planning commission hearing and prepare the noticing, pursuant to the procedures in Chapter 23.86 PGMC (Public Meeting and Hearing Procedures). (C) The planning commission shall hold a public hearing and approve, approve with conditions, or disapprove each application. Such action is subject to appeal in accordance with Chapter
23.74 PGMC (Appeals and Call-Ups).
(4) Findings Required for Approval. The planning commission may approve an application, with or without conditions, only if all of the following findings of fact can be made in a positive manner:
(A) That there are exceptional or extraordinary circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, and/or uses in the same zoning district; (B) That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the petitioner; and
(C) That the granting of such variance will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.
(5) Conditions of Approval. In granting a variance, the planning commission may impose conditions to:
(A) Ensure that the variance does not grant special privileges inconsistent with the limitations on other properties in the vicinity and zoning district in which the property is located; and (B) Require project alterations and/or features (buffers, landscaping and maintenance, lighting, off-site improvements, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by subsection (b)(4) of this section. (6) Effective Date of Approval. The permit approval shall become effective only when:
(A) The appeal period has expired or, if appealed, prior to final action on the appeal by the appeal authority in accordance with Chapter 23.74 PGMC (Appeals and Call-Ups); and (B) All necessary prior approvals have been obtained.
(c) Tentative and Final Tract Maps. Tentative and final tract maps shall be processed pursuant to Chapters 24.12 (Filing of Tentative Map) and 24.16 (Approval of Final Maps) PGMC. [Ord. 20-001 § 2 (Exh. A), 2020; Ord. 13-023 § 5, 2013; Ord. 13-003 § 20, 2013; Ord. 11-001 § 2, 2011].
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Chapter 23.79 DENSITY BONUS REGULATIONS
Chapter 23.79
DENSITY BONUS AND AFFORDABLE HOUSING REGULATIONS
Sections:
23.79.010 Purpose and intent.
23.79.020 Implementation.
* Prior legislation: Ord. 09-005.
23.79.010 Purpose and intent.
This chapter is intended to provide incentives for the production of housing for low- and moderateincome, or senior households in accordance with state density bonus law (Section 65915 et seq. of the California Government Code). In enacting this chapter, it is the intent of the city of Pacific Grove to facilitate development of affordable housing and to implement the goals, objectives and policies of the city’s housing element. [Ord. 16-005 § 2, 2016; Ord. 98-02 § 1, 1998].
23.79.020 Implementation.
(a) To facilitate the provision of affordable housing, the city shall grant a density bonus and other incentives and concessions for residential developments in conformance with Government Code Section 65915 et seq., as may be amended from time to time.
(b) Affordable housing units produced pursuant to this chapter shall be administered by a city-approved public or quasi-public agency involved in affordable housing programs, or will be verified by the city based on documentation supplied by the property owner, in conformance with State Density Bonus Law. [Ord. 16-005 § 2, 2016; Ord. 98-02 § 1, 1998. Formerly 23.79.030].
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Chapter 23.81
REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES
Sections:
23.81.010 Reasonable accommodation for persons with disabilities.
23.81.010 Reasonable accommodation for persons with disabilities. (a) Purpose and Applicability.
(1) This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair Housing Laws means “Fair Housing Amendments Act of 1988” (42 U.S.C. § 3601 et seq.), including reasonable accommodation required by 42 U.S.C. § 3604(f)(3)(B), and the “California Fair Employment and Housing Act” (California Government Code Section 12900 et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time. (2) A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws.
(3) A request for reasonable accommodation may include a request for modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Requests for reasonable accommodation shall be made in the manner prescribed by this chapter.
(4) It is the intent of this chapter that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, so as to reduce impediments to equal access to housing. (b) Application Submittal.
(1) Any person with a disability, or his or her representative, may request reasonable accommodation on a form supplied by the community and economic development department. The request shall include the following information, and be accompanied by a fee established by resolution of the city council:
(A) The applicant’s or representative’s name, mailing address and daytime phone number; (B) The address of the property for which the request is being made; (C) The specific code section, regulation, procedure or policy of the city from which relief is sought;
(D) A site plan or illustrative drawing showing the proposed accommodation; (E) An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant’s use and enjoyment of the subject property; PGCC 12-3-25
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(F) The basis for the claim that Fair Housing Laws apply to the individual(s) and evidence satisfactory to the city supporting the claim. Evidence may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other relevant evidence; (G) A detailed explanation as to why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city; (H) Verification by the applicant that the property is the primary residence of the person(s) for whom reasonable accommodation is requested; and
(I) Other information required by the city to make the findings required by subsection (d) of this section consistent with the Fair Housing Laws.
(2) A request for reasonable accommodation may be filed at any time the accommodation may be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is being made also requires discretionary approval, the applicant shall provide required submittal information to the city together with the application for discretionary approval and shall pay all applicable fees. These materials shall enable the city to concurrently review the accommodation request and the discretionary approval request. Processing procedures for the discretionary approval request shall govern joint processing of both the reasonable accommodation and the discretionary permit.
(3) Reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue or related to the requested accommodation. (4) If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure the process is accessible. (5) Should the request for reasonable accommodation be made concurrently with a discretionary permit, the fee for a reasonable accommodation application may be waived; provided, that the prescribed fee shall be paid for all other discretionary permits. (c) Review Authority.
(1) Applications for reasonable accommodation shall be reviewed by the community and economic development director (director) when no approval is sought other than the request for reasonable accommodation.
(2) Applications for reasonable accommodation submitted for concurrent review with any discretionary land use application shall be reviewed by the authority governing the discretionary land use application.
(d) Findings. The review authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made:
(1) The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws; (2) The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws; (3) The requested accommodation will not impose an undue financial or administrative burden on the city, as defined in the Fair Housing Laws and interpretive case law; and (4) The requested accommodation will not require fundamental alteration or frustrate application of the city’s zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law. The city will consider the following factors to determine whether the PGCC 12-3-25
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requested accommodation would fundamentally alter or frustrate application of the city’s zoning or building program:
(A) Whether granting the accommodation would comply with the city’s lighting and noise standards;
(B) Whether granting the accommodation would result in a substantial increase in traffic or insufficient parking; and
(C) Whether granting the accommodation would contradict the goals and policies of the city’s general plan or an applicable specific plan.
(e) Decision.
(1) The review authority shall consider the application, and issue a written determination within 40 calendar days of the date of receipt of a completed application. At least 10 calendar days before issuing a written determination on the application, the city shall mail notice to the applicant and adjacent property owners that the city is considering the application and invite written comments as to the requested accommodation.
(2) If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant or others consistent with this chapter, specifying in detail what information is required. If a request for further information is made of the applicant, the time period to issue a written determination shall be stayed until the applicant responds to the request.
(3) The review authority’s written decision shall include findings and conditions of approval. The applicant shall be given notice of the right to appeal, and the right to request reasonable accommodation related to the appeal process. The review authority’s decision shall be mailed to the applicant, to any person who provided written or verbal comment on the application, and to any other person who requests notice.
(4) Any approved reasonable accommodation shall be subject to any conditions imposed on the approval consistent with the purposes of this section.
(5) The review authority may approve alternative accommodations that provide equivalent and reasonable levels of benefit to the applicant.
(6) The written decision of the reviewing authority shall be final, unless appealed as set forth below. (7) While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property subject to the request shall remain in full force and effect. (8) Where improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required. (f) Appeals.
(1) Any decision on a reasonable accommodation request may be appealed to the city council, which appeal must be received by the city within 10 calendar days of the issuance of a written decision. (2) The appeal shall be in writing and shall include a statement of the grounds for appeal, and be accompanied by a fee established by resolution of the city council. If an individual needs assistance in filing an appeal, the city shall provide assistance to ensure the appeals process is accessible. (3) The city council shall hear the matter de novo, and shall render a determination as soon as reasonably practicable, but in no event later than 60 calendar days after an appeal has been filed. All PGCC 12-3-25
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determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.
(4) The city shall provide notice of an appeal hearing to the applicant, adjacent property owners, and any other person requesting notification at least 10 calendar days prior to the hearing. The council shall announce its findings within 40 calendar days of the hearing, unless good cause exists for an extension. The decision shall be mailed to the applicant and to any other person who requests notice at the time of the hearing. The council’s action shall be final. (g) Waiver of Time Periods. Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, an applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of a pending appeal. The city may, in its sole discretion, grant or deny any such request for extension or continuance. The granting of an extension of time or continuance shall not be deemed delay on the part of the city, shall not constitute failure by the city to provide prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter. (h) Notice to the Public of Availability of Accommodation Process. The city shall prominently display in the public areas of the community and economic development department at City Hall a notice advising those with disabilities or their representatives that reasonable accommodations are available in accord with this chapter. City employees shall direct individuals to the display whenever requested to do so or if they reasonably believe individuals with disabilities or their representatives may be entitled to reasonable accommodation.
(i) Expiration, Time Extension, Violation, Discontinuance, and Revocation. (1) Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:
(A) A building permit has been issued and construction has commenced; (B) A certificate of occupancy has been issued;
(C) The use is established; or
(D) A time extension has been granted.
(2) The director may approve a time extension for reasonable accommodation for good cause for a period or periods not to exceed three years. Application for a time extension shall be made in writing to the community and economic development department no less than 30 days or more than 90 days prior to the expiration date.
(3) Notice of the director’s decision on a time extension shall be mailed to the applicant. (4) Any reasonable accommodation approved in accordance with the terms of this chapter may be revoked if any condition or term of the reasonable accommodation is violated, or if any law or ordinance is violated in connection therewith. Notice of revocation shall be mailed to the applicant and to the owner of any property affected by the accommodation. Upon revocation, the director may require any physical alteration associated with the reasonable accommodation to be removed or substantially conform to the code, as may be reasonably feasible. (5) An accommodation is granted only to an individual. The accommodation shall not run with the land unless the director expressly finds the modification is physically integrated on the property and cannot feasibly be removed or altered. Any change in use or circumstances that negates the basis for the grant of approval may render the reasonable accommodation null and void and/or revocable by the city. Thereafter the director may require the reasonable accommodation to be removed or substantially conformed to the code if reasonably feasible.
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(j) Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that affects a condition of approval shall be treated as a new application and shall be processed in accordance with the requirements of this chapter. The director may waive the requirement for a new application and approve the changes if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. [Ord. 16-005 § 7, 2016].
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ST68
Forest Ave
David Ave
17 Mile Dr
Eardley Ave
Lighthouse Ave
Congress Ave
Sunset Dr
Central Ave
Del Monte Blvd
Pacific Ave
Asilomar Blvd
Sinex Ave
Pine Ave
ST68
0 925 1,850
Feet
Unclassified (U)
Open Space (O)
Restricted Industrial (I)
Forest Hill Commercial (C-FH)
Downtown Commercial (C-D)
Visitor Commercial, Light Commercial,
Heavy Commercial (C-V/C-1/C-2)
Visitor Commercial
American Tin Cannery (C-V-ATC)
Visitor Commercial (C-V)
Heavy Commercial (C-2)
Light Commercial/Hotel/Condominium (C-1-T)
Light Commercial (C-1)
Planned Unit Development (PUD)
Multiple Family Residential (R-4)
Motel (R-3-M)
Multiple Family Residential
Pacific Grove Beach (R-3-PGB)
Multiple Family Residential
Pacific Grove Retreat (R-3-PGR)
Multiple Family Residential (R-3)
Duplex Residential (R-2)
Mobile Home (M-H)
Single Family Residential (R-1-B-4)
Single Family Residential (R-1-B-3)
Single Family Residential (R-1-H)
Single Family Residential (R-1)
Zoning
Parcel Boundary
Coastal Zone Boundary
City of Pacific Grove Boundary
¯
Pacific Ocean Monterey
Bay
Pebble Beach City of Monterey
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RESOLUTION 25 - 001
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PACIFIC
GROVE RECOMMENDING THE CITY COUNCIL CERTIFY THE FINAL
ENVIRONMENTAL IMPACT REPORT; AMEND THE TEXT, POLICIES, FIGURES, AND MAPS OF THE PACIFIC GROVE GENERAL PLAN FOR THE 2023-2031
HOUSING ELEMENT, LAND USE ELEMENT, HEALTH AND SAFETY ELEMENT,
AND LAND USE MAP, MAKE CEQA FINDINGS OF FACT, ADOPT THE
MITIGATION MONITORING AND REPORTING PROGRAM, AND ADOPT THE STATEMENT OF OVERRIDING CONSIDERATIONS; AND AMEND THE PACIFIC GROVE ZONING ORDINANCE (TITLE 23 OF THE PACIFIC GROVE MUNICIPAL
CODE) AND THE ZONING MAP
RECITALS
Whereas, Government Code Section 65300, et seq., requires each city to adopt a comprehensive, long-term General Plan for the physical development of each city; and Whereas, on October 5, 1994, the City Council of the City of Pacific Grove ("City") adopted a city-wide General Plan ("General Plan") pursuant to California Planning, Zoning and Development law; and
Whereas, there is a statutory recognition that the availability of housing is a matter of statewide importance and that cooperation between government and the private sector is critical to attainment of the State’s housing goals; and
Whereas, California Government Code Section 65588(b) requires the City to periodically prepare an update to the Housing Element of its General Plan; and Whereas, pursuant to Government Code section 65302(g), the City must update its Safety Element concurrently with the update to the Housing Element to address risk of flood and fire, an assessment of climate change vulnerability, strategies for climate change adaptation and resilience, and emergency evacuation routes; and
Whereas, on August 17, 2022, the City Council by motion and unanimous vote (7 - 0) at a public hearing, authorized and directed City staff to initiate a focused general plan update to meet the minimum requirements in connection with the 2023-2031 6th Cycle Housing Element Update; and
Whereas, beginning in April, 2022, the City conducted more than 19 public meetings before either the Planning Commission or the City Council to provide information, obtain public comment, seek direction from elected and appointed officials, and consider the Housing Element Update project; and
Whereas, amendments to the City’s Zoning Ordinance and Zoning Map are required to implement Housing Element Programs including upzoning sites in the Downtown Commercial and Forest Hill Commercial Districts and rezoning sites in the Dennett, Sinex, and Grove Acre District, the City has considered the proposed Zoning amendments through two dedicated study sessions of the Planning Commission; and
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Whereas, the City determined that an Environmental Impact Report (EIR) should be prepared for the proposed project, in accordance with the requirements of the California Environmental Quality Act (CEQA) including Section 15168 of the CEQA Guidelines and subsequently issued a Notice of Preparation on January 29, 2024 and conducted a Scoping Meeting on February 15, 2024 in accordance with Public Resources Code Sections 21092 and 21083.9 respectively; and
Whereas, the draft 2023-2031 Housing Element of the General Plan and revisions thereto (the “Housing Element”) was made available for public review and comment and provided to the State Department of Housing and Community Development (HCD) in accordance with all applicable statutory requirements; and Whereas, the draft Health and Safety Element was submitted to the California Geological Survey of the Department of Conservation, the State Board of Forestry and Fire Protection, and to every local agency that provides fire protection to territory in the City in accordance with Government Code Section 65302.5; and
Whereas, certain amendments to the Land Use Element of the General Plan and Land Use Map are necessary to ensure consistency with the Housing Element and to implement land use policies to accommodate housing in the locations and at the densities specified within the Housing Element; and
Whereas, the proposed amendments to the Municipal Code and Zoning Map are necessary to implement the Housing Element and associated amendments to the Land Use Element and Land Use Map; and
Whereas, in accordance with Government Code Section 21676 the proposed amendments to the General Plan and Zoning Ordinance were submitted to the Airport Land Use Commission for a determination of consistency with the Airport Land Use Compatibility Plan for Monterey Regional Airport; and
Whereas, on July 10, 2025, the City received a letter of conditional approval from HCD indicating the revised 2023-2031 Housing Element is in substantial compliance with state Housing Element Law following re-adoption of the changes and submittal of the final document to HCD; and
Whereas, the Draft Environmental Impact Report (“Draft EIR”) was circulated for a 46- day public review comment period from June 30, 2025 to August 15, 2025; and Whereas, on November 3, 2025, the City released its Responses to Comments document, which consists of all written comment letters received on the Draft EIR, written responses to all written comment letters received on the Draft EIR, revisions to the Draft EIR, and the Mitigation Monitoring and Reporting Program; and
Whereas, the “Final EIR” consists of the Draft EIR and its appendices, and the Responses to Comments document; and
Whereas, pursuant to Government Code Section 65350, et seq., and Title 23 of the Pacific Grove Municipal Code (PGMC), the City may amend the adopted General Plan and Zoning Ordinance provided the City follows certain procedures, including that the Planning Commission hold a noticed public hearing and make a written recommendation to the City Council on the proposed amendment of the General Plan and Zoning Ordinance; and PGCC 12-3-25
Whereas, on November 13, 2025, the Planning Commission held a duly noticed public hearing to consider and make recommendations to the City Council regarding certification of the Final EIR, adopting amendments to the City’s General Plan, Land Use Map, Zoning Ordinance and Zoning Map, and making CEQA Findings of Fact, and adopting the Mitigation Monitoring and Reporting Program, and adopting a Statement of Overriding Considerations; and Whereas, pursuant to Government Code Sections 65090, 65091, 65353, and 65854, on October 23, 2025, at least 20 days before the public hearing date, notice of the hearing before the Planning Commission was published in the Monterey County Weekly and Monterey Herald, posted at City Hall, mailed to affected owners of the subject real property and property owners within 300’ of the subject real property, posted on-site at each affected property, posted on the City’s Community Development Department and Housing Element webpages, and emailed to a list of interested parties.
NOW, THEREFORE, BE IT RESOLVED, pursuant to PGMC Section 23.84.060, Findings, in consideration of the proposed amendments, the Planning Commission considered the entirety of the record, including the Final Environmental Impact Report, the draft amendment documents, the agenda report, written and oral testimony, and administrative record as a whole and, on that basis, the Planning Commission of the City of Pacific Grove finds that:
A. General Plan or Local Coastal Program Amendments
1. The proposed amendments are internally consistent with all other provisions of the General Plan;
2. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the city; and
3. The site are physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested and anticipated land uses.
B. Zoning Ordinance/Map Amendments
1. The proposed amendments are consistent with the General Plan and, if applicable, the certified local coastal program;
2. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;
3. The proposed amendments are internally consistent with other applicable provisions of the Zoning Ordinance; and
4. The sites are physically suitable (including ability to meet requested zoning regulations, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and anticipated land uses.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE PLANNING
COMMISSION OF THE CITY OF PACIFIC GROVE:
1. The Planning Commission determines that each of the Recitals and Findings set forth above are true and correct, and by this reference incorporates those Recitals and Findings PGCC 12-3-25
as an integral part of this Resolution. All Exhibits and Attachments hereto are hereby incorporated by reference.
2. The Planning Commission considered the Final Environmental Impact Report (EIR) with the Findings of Fact, Mitigation Monitoring and Reporting Plan and Statement of Overriding Considerations.
3. The Planning Commission hereby recommends that the City Council adopt a resolution certifying the Final EIR. The Final EIR is on file with the City and is hereby incorporated by reference.
4. The Planning Commission hereby recommends that the City Council adopt a resolution amending the text, policies, figures, and maps of the Pacific Grove General Plan to adopt the CEQA Findings of Fact and adopt the Statement of Overriding Considerations, adopt the 2023-2031 Housing Element, amend the Land Use Element, amend the Land Use Map, amend the Health and Safety Element, and adopt the Mitigation Monitoring and Reporting Program, all of which are attached to the Planning Commission Agenda Report for November 13, 2025, and hereby incorporated by reference.
5. The Planning Commission hereby recommends that the City Council adopt an ordinance amending the Zoning Ordinance (Title 23 of the Pacific Grove Municipal Code) and amending the Zoning Map, in support of implementation of the 6th Cycle Housing Element, all of which are attached to the Planning Commission Agenda Report for November 13, 2025, and hereby incorporated by reference.
6. The Planning Commission hereby recommends that the City Council direct a Notice of Determination to be filed and posted with the County Clerk and the State Clearinghouse within five working days of the approval of these amendments.
7. This Resolution shall become effective immediately following passage and adoption thereof.
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF PACIFIC GROVE THIS 13TH DAY OF NOVEMBER, 2025, BY THE FOLLOWING VOTE:
AYES: Commissioners Kubica, Davison, Mourlam, Meyers, and Sweigert NOES: None
ABSENT: Commissioners Fredrickson and Nodzenski
ABSTAIN: None
APPROVED:
_______________________________
ANDREW KUBICA, Chair
ATTEST:
_________________________
JON BIGGS, Secretary
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