Chapter 21.69 (Sections 21.69.010-21.69.100)
Dimensional standards
Servicing
- Applies near
- Carmel Valley Master PlanComprehensive planThe long-range policy document zoning is meant to implement; it is not itself binding law. and Cachagua Area Plan
- Geographic extent
- Applies only to qualified properties within the Carmel Valley Master PlanComprehensive planThe long-range policy document zoning is meant to implement; it is not itself binding law. area (Rural Density Residential designation) and the Cachagua Area Plan area (Resource Conservation or Permanent Grazing designation), and in the Big Sur Land Use Plan as restricted by Chapter 20.69. ProhibitedProhibitedNot allowed in the district at all, short of rezoning or a variance. in all other unincorporated areas of Monterey County.
Uses
Permitted by right2
- outdoor cultivation
- outdoor cultivation ancillary uses (supportive nursery, self-distribution, self-processing)
Conditional / special use2
- outdoor cultivation (requires administrative permit)
- outdoor cultivation ancillary uses (requires administrative permit)
Extracted standards
19 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Lighting
- Lighting must be unobtrusive, not visible from offsite, and glare controlled
Lighting inside and outside of all structures shall be unobtrusive and constructed or located so that only the area intended is illuminated, long range visibility is reduced, the lighting source is not visible from offsite, and glare is fully controlled.
Other
- Adequate water supply required, not transported by vehicle
Adequate water supply sources to meet all onsite uses shall be provided. Water use includes, but is not limited to, irrigation water, and permanent potable water for all employees. Water transported by vehicle from offsite shall not be considered an adequate water supply source.
- Single-familySingle-family dwellingOne dwelling unit on its own lot, usually detached from its neighbours. or multiple-family dwellings not used for cultivation except for offices/sanitary/break areas
In no case shall a building built as a single-family dwelling or multiple family dwelling be used for outdoor cultivation and outdoor cultivation ancillary uses, except that the dwelling may be used for offices related to the permitted cannabis activities, or for the purposes of providing sanitary facilities and break areas for employees employed onsite.
- All necessary fire prevention measures required
All necessary fire prevention measures, as determined by the appropriate fire district personnel, shall be provided and maintained onsite.
- Indoor and mixed-light cultivation, manufacturing, testing, and retail operations excluded
Activities allowed pursuant to this pilot program shall be limited to outdoor cultivation and outdoor cultivation ancillary uses. Indoor and mixed-light cultivation, and any form of manufacturing, testing, and retail operations are excluded from this pilot program.
- Maximum outdoor cultivation canopy as percentage of lot areaMinimum lot areaThe smallest parcel on which the district allows anything to be built.2.5 pct
The canopy of outdoor cultivation shall be limited to two and one half percent (2.5%) of the total square footage of the lot, not to exceed twenty thousand (20,000) square feet of canopy on any one lot.
- Maximum outdoor cultivation canopy area per lot20,000 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
The canopy of outdoor cultivation shall be limited to two and one half percent (2.5%) of the total square footage of the lot, not to exceed twenty thousand (20,000) square feet of canopy on any one lot.
- Cultivation not allowed on federal or state lands or lots with only federal land access
Outdoor cultivation and outdoor cultivation ancillary uses shall not take place on federal or state lands, or on lots where the only access is through federal land.
- No visual indications of cultivation visible from offsite
No visual indications that outdoor cultivation and outdoor cultivation ancillary uses occur on the site shall be visible from offsite, including but not limited to cannabis plants, markers, and similar indicators of cannabis activities.
- Required permits: administrative permit, business license, commercial cannabis business permit, state license
An administrative permit shall be required for all outdoor cultivation and outdoor cultivation ancillary uses. In addition, a Business License and a Commercial Cannabis Business Permit shall be required, and a valid license from the State shall be required.
- Pilot program duration until June 18, 2026
The duration of the pilot program shall be June 18, 2026, eight years from the effective date of the ordinance enacting this Chapter.
- Proof of prior medicinal cannabis cultivation before January 1, 2016 required
Qualified properties are required to provide evidence that they were engaged in medicinal cannabis cultivation on the lot prior to January 1, 2016. Cultivation of six or fewer plants shall not be sufficient evidence.
- Required plans: water management, stormwater control, storage/hazard response, power sources (no generators), cannabis waste management
The following additional plans and information shall be created, reviewed, permitted and implemented, as applicable, during operations: water management plan, stormwater control and wastewater discharge, storage and hazard response plan, power sources (generators not permitted as permanent power source), cannabis waste management plan.
- Security measures to restrict access and deter trespass/theft
Security measures sufficient to restrict access to only those intended and to deter trespass and theft of cannabis or cannabis products shall be provided and maintained. If onsite security is utilized, such onsite security shall not use or possess firearms or other lethal weapons.
- Minimum setbackSetbackThe distance a building must be held back from a lot line. from nearest offsite structure250 ft
The cannabis site shall be setback a minimum of two hundred fifty feet (250) feet from the nearest offsite structure. This setback does not apply to non-habitable sheds, outbuildings, and similar non-habitable accessory structures.
- Minimum setbackSetbackThe distance a building must be held back from a lot line. from any public road50 ft
The cannabis site shall be setback a minimum of fifty (50) feet from any public road.
- Minimum setbackSetbackThe distance a building must be held back from a lot line. from schools, child careDay careSupervised care for children or adults during part of the day. centers, youth centers, playgrounds, and drug recovery facilities1,000 ft
The lot on which a cannabis site is located shall not be within one thousand (1,000) feet of a school providing instruction in kindergarten or any grades 1 through 12, a child care center, a youth center, a playground, or a drug recovery facility that is in existence at the time of approval of a permit by the appropriate authority.
- Minimum setbackSetbackThe distance a building must be held back from a lot line. from stream, river, or watercourse150 ft
The cannabis site shall be setback a minimum of one hundred fifty (150) feet from a stream, river, or watercourse.
- All necessary wastewater facilities required
All necessary waste water facilities, as determined by the Monterey County Environmental Health Bureau, shall be provided.
From the ordinance
Outdoor cultivation and outdoor cultivation ancillary uses shall conform to minimum setbacks: 1000 ft from schools/child care/youth centers/playgrounds/drug recovery facilities; 50 ft from public roads; 250 ft from offsite structures; 150 ft from streams. Canopy limited to 2.5% of lot area, max 20,000 sq ft.