Division II. Base Zoning Districts

Chapter 17.08
RESIDENTIAL ZONING DISTRICTS

Sections:

17.08.010    Purpose.

17.08.020    Specific Purposes.

17.08.030    Districts Identified.

17.08.040    Land Use Regulations.

17.08.050    Additional Use Regulations.

17.08.060    Prohibited Uses.

17.08.010 Purpose.

The purposes of the residential zoning districts are to maintain the residential village character of the City and encourage originality, flexibility and diversity in residential design that respects the forest setting, the constraints of each site and the surrounding neighborhood. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.08.020 Specific Purposes.

In addition to the general purpose above, the specific purposes of each of the residential districts are:

A. R-1 Single-Family Residential District. To provide an appropriate land area for permanent single-family residential uses and structures and to enhance and maintain the residential character of the City.

B. R-4 Multifamily Residential District.

1. To provide an appropriate location for a mix of multifamily residential dwelling units convenient to the commercial area.

2. To serve as a buffer or transitional zone between the commercial area and the single-family residential district. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.08.030 Districts Identified.

The following table lists all blocks and lots contained within the R-4 land use district.

Table 17.08-A – R-4 District Blocks and Lots
Block	Lots
Block 36	Lots 12 and 14; Lots 16 through 26
Block 37	All
Block 48	Lots 1 through 13; Lot 15
Block 59	Lots 1 through 3
Block O	Lots 1 through 14

(Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.08.040 Land Use Regulations.

Schedule II-1 prescribes the land use regulations for the residential districts. The regulations for each district are established by letter designations as follows:

“P” designates permitted use classifications.

“L” designates use classifications that are permitted, subject to certain specific limitations noted by the number designations and listed at the end of Schedule II-1.

“C” designates use classifications permitted after review and approval of a conditional use permit by the Planning Commission. Conditions or standards may apply to these uses, noted by the number designations and listed at the end of Schedule II-1.

These uses are subject to Division I, General Regulations, and additional use regulations found in Division IV, Provisions Applying in All or Several Districts. Additional use regulations are also found in CMC 17.08.050, Additional Use Regulations, and are referenced in the schedule. Findings for specific uses may also be required and are found in Chapter 17.64 CMC, Findings Required for Permits and Approvals.

Use classifications are defined in Chapter 17.68 CMC, Use Classifications, and are based on the use classifications listed in the current edition of the North American Industry Classification System (NAICS). Questions as to the inclusion or exclusion of a particular proposed use in a particular category will be determined by the Director based on a NAICS Use Categories List, adopted by resolution by the City Council and held at the Department of Community Planning and Building counter. The Director shall make the decision according to the characteristics of the use, and upon the Director’s interpretation of the land use code, the NAICS Use Categories List and the current edition of the NAICS. The determination by the Director may be appealed to the Planning Commission by anyone aggrieved by the decision following the procedures specified in Chapter 17.54 CMC, Appeals.

Schedule II-1 Land Use Regulations for Residential Districts
P = Permitted Use L = Limitations Apply C = Conditional Use Permit Required	R-1	R-4	Additional Regulations
Residential			See CMC 17.08.060
Single-Family	P	P	See CMC 17.08.050(D), (G)
Subordinate Units			See CMC 17.08.050(F)
Class I	P	–
Class II	P	–
Class III	C	–
Class IV	P	–
Guesthouse (Noncommercial)	C	–	See CMC 17.08.050(C)
Multifamily Dwellings			See CMC 17.08.050(E)
0 – 22 dwelling units/acre	–	P
22 dwelling units/acre	–	C
Senior Citizen Housing	L-5	P
Family Day Care
Small Family	L-5	P
Large Family	–	C-4	See CMC 17.08.050(B)
Public, Semipublic and Service
Clubs and Lodges	C-2	C-4
Colleges and Trade Schools	–	L-4
Community Care Facility	–	L-4
Community Social Service Facility	C-2	L-4
Day Care Centers	C-2	C-4
Emergency Medical Care	–	L-4
Government Offices	–	L-4
Hospitals and Clinics
Clinics	–	L-4
Hospice Care, Limited	C-5	L-5
Libraries, Public	–	L-4
Park and Recreation Facilities	P	P
Community Centers	C-2	L-4
Conference Facility, Small	C-2	L-4
Parking Facilities, Noncommercial	C-2	C	See Chapter 17.64 CMC, Findings Required for Permits and Approvals
Public Safety Facility	–	P
Religious Facilities	C-2
Residential Care Facilities
Limited	L-5	P
Senior	–	C
Schools, Public	C-2	–
Schools, Private	C-2	P-4
Commercial			See Chapter 17.56 CMC, Restricted Commercial Uses
Animal Sales and Services
Animal Grooming	–	L-4
Business Services	–	L-1
Hotels and Motels	C-3	C
Maintenance/Repair Services	–	L-4
Offices	–	L-4
Parking Facilities, Commercial	–	C	See Chapter 17.64 CMC, Findings Required for Permits and Approvals
Personal Improvement Services	–	L-4
Personal Services	–	L-4
Retail Sales
Vending Machines	–	C
Travel Services	–	C
Theater, Live Performance	C-2	–
Transportation, Communication and Utilities
Antennas and Transmission Towers	–	C
Agricultural
Nurseries	P	–
Other
Accessory Use			See CMC 17.08.050(A)
Nonconforming Use			See Chapter 17.36 CMC, Nonconforming Uses and Buildings
Temporary Use			See CMC 17.52.100(I)
Specific Limitations and Conditions 1. Limited to advertising, consumer credit reporting, secretarial and court reporting, equipment maintenance and repair, personnel supply services, and nonretail computer services and repair. 2. Allowed only on existing quasi-public use sites established prior to December 1, 1980, or added as an accessory use to such existing uses. 3. Limited to existing units established prior to January 1, 1967, and/or authorized by a use permit issued between 1967 and 1990. *Note: These provisions approved by voter referendum. 4. Limited to existing commercial spaces established prior to 1993 and occupied by commercial uses continuously since that time. 5. Limited to occupancy within a single-family residence.

(Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.08.050 Additional Use Regulations.

A. Accessory Buildings and Structures.

1. Except as provided in CMC 17.10.040, Lot Mergers, no more than two accessory structures may be constructed on each building site.

2. No accessory structure shall exceed 400 square feet in floor area except: (1) as provided for guesthouses, and (2) as provided in subsection (A)(3) of this section.

3. Two accessory structures (such as a garage and a guesthouse) may be combined into a single structure as long as the combined floor area does not exceed what would be allowed for two independent structures and does not exceed 75 percent of the floor area of the primary structure. All accessory structures exceeding five feet in height shall count as floor area. Storage sheds of 120 square feet or less and containing no plumbing or electrical connections shall not require a building permit.

B. Family Day Care, Large Family. The following additional regulations shall apply to the operation of large family day care homes serving seven to 12 persons.

1. Standards. All large family day care homes shall comply with all applicable State standards and requirements for family day care homes. In addition, all large family day care homes shall comply with the following standards:

a. Outdoor Play Area. All outdoor play areas shall be enclosed by a natural barrier, wall, solid fence, or other solid structure at least six feet in height, and all outdoor play areas shall be adequately separated from driveways, streets and parking areas.

b. Parking and Traffic. Adequate parking shall be provided for employees of the large family day care home and for pick-up and drop-off of children at the home in accordance with the following standards:

i. In addition to the off-street parking spaces required for the residential zone, one additional off-street parking space shall be provided per employee.

ii. Adequate space shall be available for safe pick-up and delivery of children to the day care home. This space shall be off-street, but can be in the driveway or off-street parking area.

2. Inspections Required. The Fire Department and Building Official shall conduct an on-site inspection that includes but is not limited to:

a. Gas water heaters, to ensure proper ventilation and permanent installation that is safe from children;

b. Fire extinguishers and smoke detectors, to ensure that they meet standards established by the State Fire Marshal;

c. Refrigerators, to ensure that they are properly sealed shut if not in use and/or contain a locking device if in use; and

d. All potential fire and safety hazards that may endanger the children at the large family day care home.

C. Guesthouses. One guesthouse may be authorized on sites of 6,000 square feet or greater upon approval of a use permit. Guesthouses shall contain no food preparation facilities of any kind. A guesthouse on any building site of 8,000 square feet or greater may be converted to a subordinate unit (see subsection (F) of this section). A legal subordinate unit may be converted to a guesthouse upon approval of a use permit. No site shall contain both a guesthouse and a subordinate unit except as provided under hardship conditions (see subsection (F) of this section).

Table 17.08-B – Maximum Floor Area for Guesthouses
Lot Type/Size	Base Size of Guesthouse	Plus Increment Based on Lot Size	Equals Maximum Floor Area
6,000 square feet or larger	400 square feet	(lot area over 6,000) x 1.5%	Allowed Size
Merged lots of at least 8,000 square feet	500 square feet	(lot area over 6,000) x 1.5%	Allowed Size
Example: 7,500-square-foot lot	400 square feet	(1,500 sq. ft.) x 1.5%	422 sq. ft.

D. Home Occupations. All home occupations require a business license. Home occupations are limited to the use of up to two rooms in a single-family dwelling by a person residing therein as the studio of an artist, writer or musician, or by a teacher of the arts having up to two pupils under instruction at any one time. For this section, the arts shall include only the following: painting, graphics, computer graphics, music, dance, drama, sculpture, writing, photography, weaving, ceramics, needlecraft, jewelry, glass and metal crafts. The Director may authorize other home occupations that:

1. Are limited to office machines such as telephone and/or computer use;

2. Do not involve deliveries more frequently than once per week;

3. Do not involve the parking, use or storage of any commercial vehicles;

4. Do not involve visits by customers, vendors, attendees, salespeople or employees of the business; and

5. Are fully contained within one or two rooms in a single-family dwelling and are not located in a garage.

E. Multifamily Dwellings.

1. All multifamily residential projects shall require the preparation of an acoustical analysis and the implementation of acoustical design treatments to meet noise standards contained in Title 25 of the California Government Code.

2. All multifamily projects shall have a minimum per unit size of 400 square feet.

3. At least 25 percent of all units in a multifamily project containing more than two units shall be of a size between 400 square feet and 650 square feet in floor area.

F. Subordinate Units. The City has four classes of subordinate residential units as described in Chapter 17.68 CMC, Use Classifications. The following regulations apply to these specific classes.

1. General Standards for Class II, III and IV Subordinate Units.

a. Only one subordinate unit shall be allowed on any single-family building site.

b. The subordinate unit shall comply with the minimum health and safety standards in the Uniform Housing and Building Codes and the standards for efficiency units in the Uniform Building Code (UBC) as follows:

i. The unit shall have a minimum living area of 220 square feet.

ii. The unit shall provide a kitchen sink, cooking appliance and refrigerator facilities, each having a clear working space of not less than 30 inches in front.

iii. The unit shall have sufficient light and ventilation for living and kitchen use.

iv. The unit shall provide a separate bathroom, containing a water closet, lavatory and bathtub or shower.

v. The unit shall have electrical or gas service, water service and sewer service.

vi. The unit shall have a minimum ceiling height of seven feet, six inches.

vii. The unit shall have heating facilities capable of maintaining a room temperature of 70 degrees at a point three feet above the floor.

c. No nonconformities shall be created, increased, or enlarged.

d. No detached subordinate unit shall exceed the maximum allowable size of a guesthouse.

e. Class III and Class IV units located on sites of less than 6,000 square feet in area shall be attached to the primary dwelling.

f. All attached Class III units shall provide for future interaccessibility, and shall be designed to facilitate conversion of the unit into living space within the primary dwelling. A plan for conversion must be submitted with the application.

g. Class III units located on sites of 6,000 square feet or greater and all Class IV units may be attached or detached. Detached units shall be designed for conversion to a guesthouse. A plan for conversion must be submitted with the application.

h. All unregistered Class II, Class III, and Class IV subordinate units shall be recognized as illegal and subject to the enforcement procedures found in Division VI.

2. Regulations Applying to Specific Classes.

a. Class II. Class II units are subject to the general standards and convertibility provisions of subsection (F)(1) of this section and to the following:

i. The property owner shall either maintain the primary or the subordinate unit for his or her own use, or may rent or lease both dwellings. If both dwellings are rented or leased, the rental or lease terms shall be at least one year.

ii. Detached subordinate units on sites of less than 6,000 square feet shall not be enlarged or increased in size.

iii. Demolition of more than 50 percent of the value of the structures on a site containing a Class II unit shall require termination of the use and removal of the unit.

b. Class III. Class III units are subject to the General Standards and Convertibility provisions of subsection (F)(1) of this section, and the following:

i. Documentation or evidence shall be submitted to verify that a hardship exists and that granting approval of the use permit to authorize a subordinate unit is warranted. Use permits shall be issued for a specified time period based on the anticipated length of the hardship and shall be recorded with the Monterey County Recorder’s Office.

ii. All use permits for Class III subordinate units shall expire upon termination of the specific hardship for which it was granted or upon reaching its time limit, whichever occurs first. Such removal or conversion shall occur within six months of permit expiration.

c. Class IV. Class IV units are subject to the general standards and convertibility provisions of subsection (F)(1) of this section, and the following provisions:

i. Class IV units must meet affordable housing standards for low-income or very low-income households as defined for the Carmel area by California Statutes. Verification as affordable housing shall be supplied in a manner approved by the City.

ii. Once established, Class IV units must remain as affordable units until converted to space within the single-family residential dwelling or converted to a guesthouse with a use permit per subsection (C) of this section.

G. Single-Family Residential Dwellings. The following regulations apply to all single-family residential dwellings:

1. Not more than one dwelling unit is allowed per building site except as provided for subordinate units.

2. All portions of a single-family dwelling must have full interaccessibility, with the exception of registered subordinate units and guesthouses.

3. No single-family dwelling of substantially identical design as any existing building or any approved building shall be allowed on any site located on the same street between the two adjoining cross streets.

4. No proposed single-family dwelling shall be approved that is of substantially similar architecture, building massing, front setback or height as any existing building, or any approved building, located immediately adjacent to the proposed project and facing the street. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).

17.08.060 Prohibited Uses.

Uses such as transient bed and breakfast, hostel, hotel, inn, lodging, motel, hotel, resort and other transient lodging uses for remuneration, are prohibited in the residential districts, except as otherwise permitted by this code.

A. Liability and Enforcement. Any person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise who arranges or negotiates for the use of residential property in violation of the provisions of this section is guilty of an infraction for each day in which such residential property is used, or allowed to be used, in violation of this section.

B. Infractions. Any person who uses, or allows the use of, residential property in violation of the provisions of this section is guilty of an infraction for each day in which such residential property is used, or allowed to be used, in violation of this section. (Ord. 2004-02 § 1, 2004; Ord. 2004-01 § 1, 2004).