CHAPTER 38 - Zoning Ordinance Revised 5/17 Revised 8/17

PART I -- GENERAL PROVISIONS

Article 1 -- Title, Components, and Purposes

38-1    Title

38-2    Components

38-3    Purposes

Article 2 -- Organization, Applicability, and Interpretation

38-4    Organization

38-5    General Rules for Applicability of Zoning Regulations

38-6    Applicability of Land Use and Development Regulations

38-7    Rules for Interpretation

38-8    Reserved

Article 3 -- Definitions Revised 8/17

38-9    Purpose and Applicability

38-10    Rules for Construction of Language

38-11    Definitions Revised 8/17

Article 4 -- Use Classifications

38-12    Purpose and Applicability

38-13    Uses Not Classified

38-14    Residential Use Classifications

38-15    Commercial Use Classifications (Ord 3397, 10/07)

38-16    Industrial Use Classifications

38-17    Public, Semipublic and Water Facilities Use Classifications

38-18    Agricultural and Extractive Use Classifications

38-19    Accessory Use Classifications

38-20    Temporary Use Classification

PART II -- BASE DISTRICT REGULATIONS

Article 5 -- R Residential Districts

38-21    Specific Purposes

38-22    R-E Residential Estate District

38-23    R-1 Residential Single-Family District

38-24    R-2 Residential Low Density Multifamily Dwelling District

38-25    R-3 Residential Medium Density Multifamily Dwelling District

38-26    Supplemental Regulations Applicable in R Districts

Article 6 -- C Commercial Districts

38-27    Specific Purposes

38-28    C-1 Neighborhood Commercial District

38-29    C-2 Community Commercial District

38-30    C-3 General Commercial District

38-31    CO Office and Professional District

38-32    CR Cannery Row Commercial District

38-33    Supplemental Regulations Applicable to C Districts

Article 7 -- VAF Visitor Accommodation Facility District

38-34    Specific Purpose

38-35    Land Use Regulations

38-36    Property Development Standards

38-37    Review of Plans

38-38    Limitation on VAF Rezoning

Article 8 -- I-R Industrial Districts

38-39    Specific Purposes

38-40    I-R Industrial, Administration, and Research District

38-41    Supplemental Regulations Applicable to I-R Districts

Article 9 -- O Open Space District

38-42    Specific Purposes

38-43    Applicability

38-44    Land Use Regulations (Ord 3397; 10/07)

38-45    Development Regulations

38-46    Review of Plans

Article 10 -- P Parking District

38-47    Specific Purposes

38-48    Land Use Regulations

38-49    Development Regulations

38-50    Review of Plans

Article 11 -- PC Planned Community District

38-51    Specific Purposes

38-52    Land Use Regulations

38-53    Development Regulations

38-54    Initiation

38-55    Required Plans and Materials

38-56    Adoption Procedures

38-57    Status of PC Plan

38-58    Status of Specific Plan

38-59    Zoning Map Designation

PART III -- OVERLAY DISTRICT REGULATIONS

Article 12 -- AP Administrative-Professional Overlay District

38-60    Specific Purposes

38-61    Applicability and Zoning Designator

38-62    Land Use Regulations

38-63    Development Regulations

38-64    Review of Plans

Article 13 -- D Design and Development Control Overlay District

38-65    Specific Purposes

38-66    Applicability and Zoning Map Designator

38-67    Land Use and Development Regulations; Conditions of Approval

38-68    Review of Plans

Article 14 -- S Special Setback Overlay District

38-69    Specific Purposes

38-70    Applicability and Zoning Map Designator

38-71    Special Setback Map

Article 15 -- H Historic Overlay District

38-72    Specific Purposes

38-73    Definitions

38-74a    Survey Procedures

38-74b    Land Use Regulations for Properties without Historic Zoning

38-75    Adoption of H-1 Overlay Zoning

38-76    H-2 City Historic Resource Overlay Zoning

38-77    H-D Historic District Overlay Zoning

Article 16 -- SC Planned Commercial Overlay District

38-78    Specific Purposes

38-79    Applicability and Zoning Map Designator

38-80    Land Use Regulations

38-81    Development Regulations

38-82    Initiation

38-83    Required Plans and Materials

38-84    Adoption Procedures

38-85    Status of SC Plan

Article 16A -- Religious Assembly in the Garden Road I-R-130 Zoning District Overlay District (Ord 3351; 03/2005)

38-86    Specific Purposes

38-87    Applicability and Zoning Designator

38-88    Land Use Regulations

38-89    Development Regulations

38-90    Review of Plans

38-91-99    Reserved

Article 16B -- Emergency Shelter Overlay District (Ord. 3571, 7/17) Revised 8/17

38-99.1    Purpose Revised 8/17

38-99.2    Number of Emergency Shelters Revised 8/17

38-99.3    Operational and Management Requirements Revised 8/17

PART IV -- REGULATIONS APPLYING IN ALL DISTRICTS 17-1

Article 17 -- Regulations Applying in All Districts Revised 5/17

38-100    Specific Purposes and Applicability

38-101    Relocated Buildings

38-102    Development on Substandard Lots

38-103    Development on Lots Divided by District Boundaries

38-104    Building Site Frontage

38-105    Building Projections into Yards

38-106    Exceptions to Height Limits Revised 5/17

38-107    Underground Utilities

38-108    Repealed

38-109    Screening of Mechanical Equipment

38-110    Refuse Storage Areas

38-111    Performance Standards

38-112    Distance between buildings in a Dwelling Group

38-112.1    Alcohol Beverage Outlets

38-112.2    Limitation on Construction Hours (Ord. 3374; 9/2006)

38-112.3    Repealed

38-112.4    Personal Wireless Service Facilities (Ord. 3443; 03/2010)

38-112.5    Density Bonus

Article 18 -- Off-Street Parking and Loading Regulations

38-113    Specific Purposes

38-114    Basic Requirements for Off-Street Parking and Loading

38-115    Off-Street Parking and Loading Spaces Required

38-116    Adjustments to Parking Standards

38-117    Reduced Parking for Other Uses

38-118    Parking In Lieu Payments

38-119    Parking Spaces for the Handicapped

38-120    Bicycle Parking

38-121    Size and Access

38-122    Design Standards

38-123    Parking Area Screening: Walls and Fences

38-124    Lighting

38-125    Location and Design of Off-Street Loading Spaces

Article 19 -- Hazardous Materials Storage

38-127    Purpose

38-128    Definitions

38-129    Permit Required

38-130    Hazardous Materials Release Response Plans

38-131    Underground Storage Tanks

38-132    Repealed

38-133    Appeals

Article 20 -- Recycling Facilities

38-134    Purpose

38-135    Definitions

38-136    Permit Required

38-137    Appeals

Article 20A -- Landscaping Regulations (Ord. 3444; 03/2010)

38-138    Application of State and District Regulations

38-139    Repealed

38-140    Repealed

38-141    Repealed

38-142    Repealed

38-143    Reserved

38-144    Repealed

38-145    Repealed

38-146    Repealed

38-147    Repealed

38-148-149    Reserved

PART V -- ADMINISTRATION

Article 21 -- Zoning and Environmental Review; Fees and Deposits

38-150    Zoning Review Generally

38-151    Applications Generally

38-152    Effective Date; Lapse of Permit; Appeals

38-153    Duties of the Public Works Director

38-154    Environmental Review

38-155    Fees and Deposits

Article 22 -- Use Permits; Variances

38-156    Purposes

38-157    Authority of Planning Commission

38-158    Submittal Requirements

38-159    Notice and Public Hearing

38-160    Duties of Planning Commission and Public Works Director

38-161    Required Findings

38-162    Conditions of Approval

38-163    Planned Unit Development Approval

38-164    Effective Date; Appeals

38-165    Lapse of Approval; Transferability; Discontinuance; Revocation

38-166    Changed Plans; New Application (Ord. 3326; 06/2003)

38-167-168    Reserved

Article 23 -- Development Agreements (Ord. 3326; 06/2003)

38-169    Purpose

38-170    Application Requirements

38-171    Content of Development Agreement

38-172    Development Agreement Hearings

38-173    Execution and Recordation

38-174    Periodic Review

38-175    Effect of Development Agreements

38-176    Amendments or Extensions to Development Agreements

Article 24 -- Development Review Committee Approval

38-180    Specific Purposes

38-181    Applicability

38-182    Development Review Committee

38-183    Initiation

38-184    Submittal Requirements

38-185    Duties of Public Works Director

38-186    Duties of Development Review Committee

Article 25 -- Architectural Review (Ord. 3458, 12/10)

38-187    Purpose

38-188    Applicability

38-189    Review Procedures

38-190    Submittal Requirements

38-191    Required Findings for Approval

38-192    Maintenance, Duration and Extension, Appeals

Article 26 -- Amendments

38-194    Applicability

38-195    Initiation of Amendments

38-196    Submittal Requirements

38-197    Public Hearing Scope and Notice

38-198    Duties of Planning Commission

38-199    Result of Planning Commission Denial

38-200    Duties of City Council

38-201    Revisions of Proposed Amendments

38-202    Resubmission of Application

Article 27 -- Appeals

38-203    Purpose of Appeal

38-204    Right of Appeal -- Planning Commission

38-205    Right of Appeal -- Administrative and Other Committee Decisions

38-206    Right of Appeal -- Interested Parties; Definition

38-207    Time for Filing

38-208    Notice of Appeal -- Form and Content

38-209    Appeal by City Councilmember or City Manager; Review of Projects Requiring Environmental Impact Report (EIR)

38-210    Hearing Date -- Notice

38-211    Authority of Appellate Body

Article 28 -- Nonconforming Uses, and Structures

38-212    Specific Purposes

38-213    Continuation and Maintenance

38-214    Alterations and Enlargements of Nonconforming Uses and Structures

38-215    Abandonment of Nonconforming Use

38-216    Restoration of a Damaged Structure

38-217    New Occupancy on a Site Having Certain Nonconforming Site Features

Article 29 -- Enforcement

38-218    Permits, Licenses, Certificates, and Approvals

38-219    Enforcement Responsibilities

38-220    Voidable Conveyances

38-221    Revocation of Discretionary Permits

38-222    Prosecution of Violations

38-223    Residential Property Inspection Program

Article 30 -- Reasonable Accommodation (Ord. 3554, 11/16)

38-224    Purpose

38-225    Applicability

38-226    Application Procedure

38-227    Review Authority

38-228    Findings for Decision

38-229    Conditions of Approval

PART I -- GENERAL PROVISIONS

ARTICLE 1 -- Title, Components, and Purposes

Sections:

38-1    Title

38-2    Components

38-3    Purposes

38-1 Title

Chapter 38 of the Monterey City Code shall be known and cited as the “Land Use Zoning Ordinance of the City of Monterey,” or “Zoning Ordinance.”

38-2 Components

The Zoning Ordinance shall have the following components:

A.    Regulations, known as the zoning regulations, establishing various classes of zoning districts and governing the use of land and the placement of buildings and improvements within districts.

B.    A map or set of maps, known as the zoning map, delineating the boundaries of zoning districts within the City of Monterey.

A copy of the zoning regulations and the zoning map, together with a record of all amendments, shall be kept on file with the City Clerk and shall constitute the original record. A copy of the zoning regulations and zoning map currently in effect shall also be kept on file in the Department of Plans and Public Works. (Ord. 3424 § 1, 2009)

38-3 Purposes

The broad purposes of the Zoning Ordinance are to protect and promote the public health, safety, and general welfare, and to implement the policies of the City of Monterey General Plan. More specifically, the Zoning Ordinance is intended to:

A.    Provide a precise guide for the physical development of the city in order to:

1.    Preserve the character and quality of residential neighborhoods;

2.    Foster convenient, harmonious, and workable relationships among land uses;

3.    Achieve progressively the arrangement of land uses described in the General Plan;

B.    Conserve and enhance the city’s architectural and cultural resources;

C.    Conserve and enhance key visual features of Monterey’s setting, including the shoreline, creeks, and undeveloped hillsides, consistent with the General Plan;

D.    Ensure the provision of adequate open space for light, air, and fire safety;

E.    Permit the development of office, commercial, industrial, and related land uses that are consistent with the General Plan in order to strengthen the city’s economic base;

F.    Promote the economic stability of existing land uses that are consistent with the General Plan and protect them from intrusions by inharmonious or harmful land uses;

G.    Prevent population from exceeding limits in the General Plan;

H.    Require the provision of adequate off-street parking and loading facilities, and promote a safe, effective traffic circulation system;

I.    Ensure that service demands of new development will not exceed the capacities of existing streets, utilities, or public services; and

J.    Provide for review of the appearance of new development to preserve the beauty of the city.

ARTICLE 2 -- Organization, Applicability, and Interpretation

Sections:

38-4    Organization

38-5    General Rules for Applicability of Zoning Regulations

38-6    Applicability of Land Use and Development Regulations

38-7    Rules for Interpretation

38-8    Reserved

38-4 Organization

A.    Structure of Regulations. The zoning regulations are divided into five parts:

Part I: General Provisions

Part II: Base District Regulations

Part III: Overlay District Regulations

Part IV: Regulations Applying in All or Several Districts

Part V: Administrative Regulations

B.    Types of Regulations. Three types of zoning regulations control the use and development of property:

1.    Land Use Regulations specify land uses permitted or conditionally permitted in each zoning district, and include special requirements, if any, applicable to specific uses. Land use regulations for base zoning districts are in Part II of the zoning regulations; land use regulations for overlay districts are in Part III. Certain regulations, applicable in all or several districts, are in Part IV.

2.    Development Regulations control the height, bulk, location, and appearance of structures on development sites. Development regulations for base zoning districts are in Part II of the zoning regulations; development regulations for overlay districts are in Part III. Certain development regulations, applicable in all districts, are in Part IV. These include general regulations for site development, parking and loading, hazardous materials storage, and recycling facilities.

3.    Administrative Regulations contain detailed procedures for the administration of zoning regulations, including requirements for use permits, and variances; architectural review; public hearings on ordinance and map amendments; development agreements; appeals of zoning decisions; nonconforming uses and structures; and enforcement. Administrative regulations are in Part V.

38-5 General Rules for Applicability of Zoning Regulations

A.    Applicability to Property. Zoning regulations shall apply to all land within the City of Monterey, including land owned by the City of Monterey and, where applicable, other local, state, or federal agencies. Application of regulations to specific lots shall be governed by the zoning map.

B.    Applicability to Streets and Rights of Way. Public streets, utility, and other rights of way shall be in the same zoning district as contiguous property. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary, unless otherwise depicted on the zoning map.

C.    Compliance with Regulations. No land shall be used, and no structure shall be constructed, occupied, enlarged, altered, or moved in any zoning district except in accord with the provisions of this chapter.

D.    Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this chapter shall be deemed sufficient notice to allow the City to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice. Time limits are directory, not mandatory.

E.    Requests for Notice. Where this chapter requires that notice be given by first class mail to “any person who has filed a written request for such notice,” the request shall be filed with the Public Works Director as defined in Section 38-11 and shall be subject to the applicable fees set to cover mailing costs. A request for mailing of a single notice of a single decision shall not require payment of a fee. Time limits are directory, not mandatory.

F.    Conflict with Other Regulations. Where conflict occurs between the provisions of this chapter and any other city code, chapter, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this chapter.

G.    Relation to Private Agreements. This chapter shall not interfere with or annul any easement, covenant, or other agreement now in effect; provided, that where this chapter imposes greater restriction than imposed by an easement, covenant, or agreement, this chapter shall control.

H.    Relation to Prior Ordinance. The provisions of this chapter supersede all prior zoning ordinances, as amended, of the City of Monterey. However, no provision of this chapter shall validate or legalize any land use or structure established, constructed, or maintained in violation of the prior zoning ordinance, as amended, unless specifically authorized by this chapter.

I.    Relation to General Plan. Zoning applications filed under the provisions of this chapter shall be consistent with the City of Monterey General Plan, including applicable area or neighborhood plans.

J.    Application During Local Emergency. The City Council may authorize deviations from any provision of this chapter during a local emergency. Such deviations shall be authorized by resolution of the City Council, without notice or public hearing.

K.    Severability. If any section, subsection, sentence, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this chapter shall not be affected. It is expressly declared that this chapter and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one or more other portions of this chapter would be declared invalid or unconstitutional. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

38-6 Applicability of Land Use and Development Regulations

A.    Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning designations consisting of classes of letter and number designators:

1.    A land use regulations designator, indicating the principal land uses permitted or conditionally permitted in each district, shall be a component of all zoning designations. For example, the letter “R” indicates a residential district.

2.    A residential density or dwelling type designator, indicating a subdistrict with a specific range of dwelling unit densities or a type of dwelling consistent with the General Plan is a component of certain residential zoning designations. For example, in the R-1 District, the “-1" signifies a single-family district.

3.    Overlay district designators shall be included in a zoning designation if the provisions of one or more overlay districts are applicable to a site. An example is the “-H,” indicating that the Historic Overlay District regulations apply.

4.    References to Classes of Districts. References to R districts refer to all residential districts; references to C districts refer to all commercial districts; and references to I districts refer to all industrial districts.

B.    Establishment of Base Zoning Districts. Base zoning districts into which the city is divided are established as follows:

Base District Designator

Base District Name

Article

R-E

Residential Estate District

5

R-1

Residential Single-Family District

5

R-2

Residential Low-Density Multifamily District

5

R-3

Residential Medium-Density Multifamily District

5

C-1

Neighborhood Commercial District

6

C-2

Community Commercial District

6

C-3

General Commercial District

6

CO

Office and Professional District

6

CR

Cannery Row Commercial District

6

VAF

Visitor Accommodation Facility District

7

IR

Industrial Administration and Research District

8

O

Open Space District

9

P

Parking District

10

PC

Planned Community District

11

C.    Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:

Overlay District Designator

Overlay District Name

Article

AP

Administrative-Professional Overlay District

12

D

Design and Development Control Overlay District

13

S

Special Setback Overlay District

14

H

Historic Overlay District

15

SC

Planned Commercial Overlay District

16

38-7 Rules for Interpretation

A.    Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this chapter or its application to a specific site, the Public Works Director shall determine the intent of the provision.

B.    Zoning Map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply:

1.    District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line.

2.    On unsubdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.

3.    District boundaries shown as approximately following right-of-way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.

4.    District boundaries shown as lying within right-of-way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.

5.    Should any uncertainty remain as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the Public Works Director.

C.    Computations. Where any requirement relating to off-street parking, number of permitted dwelling units, required fees, and similar matters results in a fraction of a unit, a fraction of 1/2 or more shall be a whole unit; a fraction of less than 1/2 shall be disregarded. When calculating the number of permitted dwelling units in an R-3 zone, fractions shall be disregarded.

D.    Record of Interpretation. The Public Works Director shall keep a record of interpretations made pursuant to this section which shall be available to the public for review.

E.    Appeals. An interpretation of the zoning regulations or zoning map by the Public Works Director may be appealed to the Planning Commission, as provided in Article 27. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

38-8 Reserved

ARTICLE 3 -- Definitions

Sections:

38-9    Purpose and Applicability

38-10    Rules for Construction of Language

38-11    Definitions

38-9 Purpose and Applicability

The purpose of this article is to ensure precision in interpretation of the zoning regulations. The meaning and construction of words and phrases defined in this article shall apply throughout the zoning regulations, except where the context clearly indicates a different meaning or construction.

38-10 Rules for Construction of Language

In addition to the General Provisions in Chapter 1 of the Monterey City Code, the following rules of construction shall apply:

A.    The particular shall control the general.

B.    Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

1.    “And” indicates that all connected words or provisions shall apply.

2.    “Or” indicates that the connected words or provisions may apply singly or in any combination.

3.    “Either . . . or” indicates that the connected words or provisions shall apply singly but not in combination.

C.    In case of conflict between the text and a diagram, the text shall control.

D.    All references to departments, commissions, boards, or other public agencies are to those of the City of Monterey, unless otherwise indicated.

E.    All references to public officials are to those of the City of Monterey, and include designated deputies of such officials, unless otherwise indicated.

F.    All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend or holiday, it shall be extended to the next working day.

G.    Article and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of any section hereof.

H.    The words “activities” and “facilities” include any part thereof.

38-11 Definitions Revised 8/17

Abutting or Adjoining: Having a common border, boundary, or lot line.

Accessory Dwelling Unit: An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, which is located on the same parcel as a single-family dwelling. An accessory dwelling unit may consist of an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; or a manufactured home, as defined in Section 18007 of the Health and Safety Code.

Accessory Dwelling Unit, Interior: An accessory dwelling unit which is constructed in an R-E zone or R-1 zone entirely within the existing and legally created space of a single-family home or accessory structure.

Accessory Dwelling Unit, Other: An accessory dwelling unit which is constructed either as a new detached accessory structure; as an addition to an existing single-family home or an existing accessory structure; or entirely within the existing and legally created space of a single-family home or accessory structure but not in an R-E or R-1 zone.

Accessory Use or Structure: A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.

Acre: 43,560 square feet of land area.

Agent of Owner: A person authorized to act for the property owner.

Alley: A public way not more than 30 feet wide that is permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

Alteration: Any exterior change to a structure, site, or feature or change in occupancy.

Animal, Domestic: Small animals of the type generally accepted as pets, including dogs, cats, rabbits, fish and the like, but not including hens, roosters, ducks, geese, pea fowl, goats, sheep, hogs or the like.

Animal, Exotic: Any wild animal not customarily confined or cultivated by humans for domestic or commercial purposes but kept as a pet or for display.

Animal, Large: An animal larger than the largest breed of dogs. This term includes horses, cows, and other mammals customarily kept in corrals or stables.

Animal, Small: An animal no larger than the largest breed of dogs. This term includes fish, birds, and mammals customarily kept in kennels.

Area, Lot, Parcel, or Site: The horizontal area within the property lines.

Areas, Specified Anatomical: Human genitals (pubic region), buttocks, or female breasts below a point immediately above the areola when less than completely and opaquely covered; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Attached: Having one continuous wall or roof.

Automobile Repair, Major: Includes rebuilding or reconditioning of major vehicular transmission and engine components of motor vehicles or trailers, body work, fender repair, overall painting, and use of open flame or welding.

Automobile Repair, Minor: Includes upholstering, the replacement of parts and/or general mechanical repair service to automobiles and trucks not exceeding 1 ton capacity without removal of major vehicular transmission and engine components, but excludes services listed under “Major Automobile Repair.”

Automobile Service Station/Filling Station: A place where motor fuel (including gasoline, kerosene or other similar fuel), lubricating oil or grease is offered for sale to the public and delivered directly into motor vehicles. Services that may be performed on motor vehicles include tube and tire repair, battery charging, automobile greasing, automobile washing and detailing (not including mechanical automobile washing), but excludes repairs or services listed under “Major Automobile Repair”.

Balcony: A platform that projects from the wall of a building 30 inches or more above grade.

Basement: A finished or unfinished underground room or excavated space that has a floor. Such spaces that have an interior height that is greater than 6'11" are considered habitable space and shall be considered floor area. Underground areas that do not have any windows, doors, or exterior access are not considered floor area.

Bathing Facilities

1.    Full Bath: Bathroom facilities including toilet, sink, and shower or tub bathing facilities.

2.    Half Bath: Bathroom facilities limited to a toilet and a sink with no shower or tub bathing facilities permitted.

Bay Window: A window that projects out from an exterior wall.

Bedroom: Any habitable room other than a living room, family room, bathroom, dining room, or kitchen shall be considered a bedroom if:

1.    it has 70 square feet or more of floor area;

2.    the minimum horizontal dimension between interior walls is seven feet and the ceiling height is seven feet six inches or more;

3.    it meets Uniform Building Code requirements for light and ventilation.

Blockface: The properties abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, watercourse, or city boundary.

Boarder: A person occupying a part of any dwelling who, for a consideration, is furnished a meal or meals in such dwelling.

Boarding House: A dwelling where meals and lodging are provided for compensation for from three to five persons.

Building: Any structure used or intended for supporting or sheltering any use.

Building Permit: An administrative permit issued by the Chief of Inspection Services/Building Official to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any structure subject to the regulations of Chapter 9 of the City Code.

Building or Site Maintenance: The routine repair, replacement in kind, restoration and general upkeep of a building or a site that does not include the addition of floor area or a change in materials. (Ord. 3458 § 2, 2010)

Bulkhead: A structure, including riprap or sheet piling, constructed to separate land or water and establishing a permanent shoreline.

Caretaker’s quarters: A dwelling unit on the site of a commercial, industrial, public, or semipublic use, occupied by a guard or caretaker.

Clinic: An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more of a group of physicians, dentists, psychologists, or social workers, practicing together.

Conditionally Permitted: Permitted, subject to approval of a use permit.

Condominium: An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on the real property, such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of the real property.

Convenience Market: An establishment where retail sales of food, beverages, and small convenience items, primarily for off premises consumption, occur. This definition excludes delicatessens and other specialty food shops.

Court: A space open and unobstructed to the sky, located at or above grade level on a lot and bound on three or more sides by walls of a building.

Deck: A platform less than 30 inches above the grade, either freestanding or attached to a building.

Demolition: The act of renovating, reconstructing, removing, rebuilding, taking down, or destroying all or portions of a building or structure or making extensive repairs or modifications to a building or structure that involves removal or replacement of 50 percent or more of both the structural framing and cladding or the exterior walls within a 24-month period. This applies to, but is not limited to, moving or removing or in-filling windows, doorways, walls or any other feature.

When determining whether a building or structure is demolished, the following applies: a) the nonconforming portions of any wall shall be counted as removed or taken down, even when retention of these portions is proposed, b) any remaining exterior wall surfaces measuring 10 feet or less in length shall be counted as removed or taken down. Nonconforming walls may be retained through the Variance process outlined in Monterey City Code section 38-156 et seq. Minimal variations to the setback standards may be approved by the Architectural Review Committee pursuant to the Monterey City Code sections 38-22(D)(12), 38-23(D)(12), 38-24(D)(15), 38-25(D)(16) (Variations to Setback Standards). (Ord 3414, 07/2008)

Designation: Formal action declaring a structure, site, or feature to be a landmark.

Driveway: A paved accessway used primarily by vehicles to access an off-street parking space, garage, dwelling, or other building. (Ord 3334, 01/2004)

Dwelling, Multifamily: A building containing two or more dwelling units.

Dwelling, Single-Family: A building containing one dwelling unit. All rooms within the dwelling shall be interconnected. (See Family)

Dwelling Unit: One or more rooms with a single kitchen, designed for occupancy by one family for living and sleeping purposes.

Dwelling Unit, Studio: A dwelling unit containing one habitable room.

Elderly Housing: Housing for a family in which the head of the household is 60 years old or older, or for a single person who is 60 years old or older.

Emergency Shelter: Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

Entertainment, Live: A musical, theatrical, dance, cabaret, or comedy act performed by one or more persons. Any form of dancing by patrons or guests at an eating and drinking establishment or bar is live entertainment.

Established Landscape: The point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. (Ord. 3444 § 2, 2010)

Exterior Alterations: A significant visible physical change to the exterior of an existing building or site including, but not limited to, an addition of floor area or change in materials. (Ord. 3458 § 2, 2010)

Family: An individual or two or more persons living together in a dwelling unit as a single housekeeping unit.

FCC: The Federal Communications Commission, the Federal government agency responsible for regulating telecommunications in the United States. (Ord. 3443 § 2, 2010)

Feature: Any natural or man-made object on a site in the “H” overlay district.

Floor Area, Gross: The total enclosed area of all floors of a building, measured to the exterior-most surface. Floor area includes, but is not limited to, halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, chimneys, habitable basement area (as defined in this section), and habitable attic areas. Stairways and vaulted areas with an interior height that is greater than 16 feet are counted twice.

Floor Area Ratio (FAR): The total enclosed area of all floors of a building, measured to the outside face of the structural members and exterior walls, and including halls, stairways, elevator, shafts at each floor level, service and technical equipment rooms, and habitable basement or attic areas.

The Director of Plans and Public Works or designee may exempt certain green building practices from floor area ratio requirements, such as the increased width of walls resulting from straw bale construction, earthen construction, or other types of energy efficient wall construction. The increased Floor Area Ratio is directly related to the loss of Floor Area Ratio due to Green Building Practices. (Ord 3414, 07/2008)

Commercial FAR: The gross floor area of the building or buildings on a lot, excluding area used exclusively for vehicle parking and loading divided by the area of the lot.

Mixed use and Multifamily Residential FAR: The gross floor area of the building or buildings on a lot, excluding area used exclusively for vehicle parking and loading, patios and decks, divided by the area of the lot.

Single-Family Residential FAR: The gross floor area of the building or buildings on a lot divided by the area of the lot, excluding the garage up to a normal 500 square-foot two-car area or carport, decks, uncovered patio and landscaped areas. (Ord 3414; 07/2008)

Game Center: Any business or use containing four or more games of chance, sport, or science, or video, pinball or viewing machines, mechanical or electronic.

General Plan: The City of Monterey General Plan, as amended. A general, comprehensive, and long term plan for the physical development of the area under the City of Monterey’s jurisdiction.

Grade, Existing: The surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this chapter.

Grade, Ground Level: The average of the finished ground level at the center of each major side of a building. In case walls are parallel to and within five feet of a sidewalk, the above ground level should be measured at the sidewalk. When determining the height of a building, the original grade or finished grade should be used, whichever is lower.

Grade, Street: The top of the curb, or the top of the edge of the pavement or traveled way where no curb exists.

(Diagram is illustrative)

GreenPoints: GreenPoints are the Green Building Checklist requirements that Residential and Non-Residential Projects must follow before applying for a building permit. The two GreenPoints Checklists include the USGBC’s LEED rating standard for non-residential and Build It Green’s Green Building Guidelines rating standard for residential. (Ord 3414; 07/2008)

Guest House: Permanently constructed living quarter without kitchen or cooking facilities, which is clearly subordinate and incidental to the main building on the same lot. Guest houses shall not be separately rented, let or leased (by direct or indirect compensation). They may be either an attached or detached accessory building as set forth in Section 38-26(A).

Height, Building: The plumb vertical distance from any roof or parapet point on the top of a building to the grade directly below prior to any grading as documented by topographic data. If finished, natural, or existing grades are different at the building’s exterior, the lowest of these will be used in applying this definition. Exceptions to height limits for elements such as chimneys are regulated in Municipal Code Section 38-106.

 

Home Occupation: Business activity conducted in a residential unit that is incidental to the principal residential use of the lot or site.

Hospitality Resource Panel: The Monterey Hospitality Resource Panel (HRP) is an alliance of business associations, government agencies, and community organizations dedicated to developing safe communities and healthy businesses through the promotion of responsible hospitality principles and practices. The panel will generally consist of, but not limited to representatives from the following organizations or agencies: Monterey Police Department, Monterey Fire Department, Monterey County Health Department, California Restaurant Association, Monterey Late Night Bar and Entertainment Association and California Department of Alcohol and Beverage Control. Ord 3305; 5/2002

Junk Yard: The use of a lot, or contiguous lots, or any portion thereof for the storage of junk, including scrap metal, or other scrap materials, and/or for the dismantling or wrecking of automobiles or other vehicles or machinery.

Kennel: Any premises where four or more dogs and/or cats at least four months of age are kept, boarded, or trained, whether in special buildings or runways or not.

Kiln, Large: A kiln greater than 3 cubic feet in size.

Kiln, Small: A kiln 3 cubic feet or less in size.

Kitchenette or Kitchen: Any room or part of a room which is designed, built, used, or intended to be used for food preparation and dish washing; but not including a bar, butler’s pantry or similar room adjacent to or connected with a kitchen.

Landscaping: An area devoted to, or developed and maintained with, native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative outdoor landscape elements, pools, fountains, water features, paved or decorated surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops, porches or in boxes attached to buildings are not considered landscaping. Within the 3-foot area between the driveway and the side property line(s) on sites in the residential districts, landscaping does not include paved or decorative surfaces of rock, stone, brick, block, concrete, asphalt, or similar material. (Ord. 3334; 02/2004)

Landscaping, Interior: A landscaped area or areas within the shortest circumferential line defining the perimeter or exterior boundary of the parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).

Landscaping, Perimeter: A landscaped area adjoining and outside the shortest circumferential line defining the exterior boundary of a parking or loading area, or similar paved area, excluding driveways or walkways providing access to the facility (as applied to parking and loading facilities or to similar paved areas).

LEED: Leadership in Energy and Environmental Design Green Building Rating System encourages and accelerates adoption of sustainable green building and development practices through the creation and implementation of universally understood and accepted tools and performance criteria. (Ord. 3414; 07/2008)

Lodger: Any person other than a member of a family renting a room for living or sleeping purposes.

Lot: A piece or parcel of land occupied or intended to be occupied by a principal building or a group of buildings or used for a principal use and accessory uses together with such open spaces as required by this ordinance and having frontage on an improved and accepted public street which meets the standards of width and improvements specified by the City of Monterey.

Lot, Corner: A site bounded by two or more adjacent street lines that have an angle of intersection of not more than 135 degrees. The front yard of a corner lot shall adjoin the shortest street property line. Where street property lines are substantially the same length, the Public Works Director shall determine the location of the front yard. (Ord. 3472 § 1, 2012)

Lot Coverage: As used in the residential zones, lot coverage is the coverage of all structures on a lot with the exception that uncovered decks, exterior stairways and required roofs on trash enclosures shall not be counted in lot coverage. (Ord 3326, 06/2003)

Lot Depth: The mean horizontal distance between the front and the rear lot lines, or between the front lot line and intersection of the two side lines, if there should be no rear lot line.

(The diagram is illustrative.)

Lot, Double-Frontage: An interior lot having frontage on more than one street with a street width greater than 30 feet. Each frontage shall be deemed a front lot line.

Lot, Interior: A lot other than a corner lot.

Lot Line, Front: The lot line separating the lot from the street.

Lot Line, Rear: The lot line opposite and most distant from the front lot line.

Lot Line, Side: Any lot line that is not a front lot line or a rear lot line.

Lot, Reversed Corner: A corner lot, the side lot line of which is substantially a continuation of the front lot line of a lot or parcel of land which adjoins the rear lot line of said corner lot.

Lot Width: The average width of the lot, measured at right angles to its depth.

Manufactured Home: A dwelling unit constructed in accord with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended. This definition is intended to include mobile homes and modular homes which meet federal standards for manufactured homes.

Maintenance: The act or process of conserving or repairing a historic structure, site, or feature in the “H” overlay district without modifying the form, detail, and materials.

Mezzanine: An intermediate floor between the first and second floors within a room containing not more than 33 percent of the floor area of the room.

Monterey Architecture: A style of architecture characteristic of Old Monterey. The dominant characteristics of this architectural style are good proportion, dignity, simplicity of mass and detail, and a fine domestic scale that is entirely absent of arches or carved ornament or a conscious striving for picturesque effect. Characteristics of Monterey Architecture are:

A.    Walls of thick adobe, or appearing to be of thick adobe, usually plastered or finished with a smooth surface and having no carving or ornament.

B.    Low pitched roofs (not more than 30 degrees) of shingle or tile with wide overhanging eaves and gables with exposed rafters. Roof surfaces are unbroken by dormers or pediments. Both hip and gable roofs are used.

C.    Porches are of four general types:

1.    Posts from ground to roof on both first and second stories; the porch is wide.

2.    Second floor joists are cantilevered, supporting the balcony, and with posts from balcony supporting porch roof. The balcony is narrow.

3.    Both second floor balcony and roof are cantilevered. Balcony and roof overhang are very narrow. Walls close the ends of porches of this type.

4.    On some one story houses the roof is cantilevered and walls close the ends of porches. These porches are very narrow. Porch posts are square of finished lumber, often chamfered and without caps and bases. Balusters are usually rectangular. Eaves of porches are narrow with exposed rafters or molded cornices. Rafters and cantilevered joists are always exposed. Turned woodwork is rarely used. The ends of porches and balconies are, with rare exceptions, closed with walls, lattice or sash.

D.    Windows are double hung with small panes and thin mullions. They are set near the outside of the walls with deep reveals inside. The casing on the exterior is either beaded, fluted, or plain, never with projecting or classic architrave moldings. Corner blocks are generally used in door and window casings rather than mitering. The top of the casing is often finished with a small molded cornice.

E.    Windows are sometimes protected by vertical iron bars on the first story but never with ornamental wrought iron grilles. Where shutters are used, they are almost always two panels of movable louvers. There are a few examples of solid panels and of solid planks and battens.

F.    Doors are often double. They have two, four, or six molded panels. There are a few examples of vertical planks either molded or plain. Where glass is used, it is usually in the upper portion of the door with small panes and narrow mullions.

G.    Details of Woodwork. Moldings are small in scale, well proportioned, and New England rather than Spanish in character.

H.    Colors. Walls, eaves and rough woodwork are usually white, but sometimes delicate pastel shades. Finished wood is always painted either white, warm grey, green, brown, or in pastel shades. Colors, wherever used, are never harsh or inharmonious.

In order to further amplify and illustrate the description and/or definition of “Monterey Architecture” and furnish more complete details, architectural elements and the composition thereof, see Spanish Colonial or Adobe Architecture of California, 1800 1850, by Donald R. Hannaford and Revel Edwards.

New Construction: The act of renovating, reconstructing, or rebuilding all or portions of a building or structure, or making repairs or modifications to a building or structure that involves removal or replacement of 50 percent or more of both the structural framing and cladding or the exterior walls within a 24-month period. This applies to, but is not limited to, moving or removing windows, doorways, walls or any other feature. New construction also includes the addition of any new floor area. (Ord 3414; 07/2008)

Nonconforming Lot: A legally created lot having a width, depth, or area less than required for the zoning district in which it is located. This includes pre-existing lots created prior to the effective date of this ordinance which conformed to the zoning requirements for lot width, depth, or area applicable at the time.

Nonconforming Structure: A structure that was lawfully established and in existence at the time of this ordinance or any amendment became effective, but, due to the application of this ordinance or any amendment, no longer complies with all of the applicable regulations and standards of the zone in which the structure is located.

Nonconforming Use: A use of a structure or land that was lawfully established and maintained, but which does not conform with the use regulations or required conditions for the district in which it is located by reason of adoption or amendment of this chapter or by reason of annexation of territory to the city.

Nursing Home: Any premises with less than 15 sleeping rooms, where persons are lodged and furnished with meals and nursing care.

Off-Street Loading Facilities: A site or a portion of a site, including loading berths, aisles, access drives, and landscaped areas, devoted to the loading or unloading of people or materials from motor vehicles or trailers.

Off-Street Parking Facilities: A site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.

Open Space, Private: A usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

Open Space, Shared: A usable open space within a residential development reserved for the exclusive use of residents of the development and their guests.

Open Space, Usable: Usable open space shall be any portion of a lot, including decks, balconies, or the roof of a garage or carport, not over 12 feet above grade, which is landscaped and/or developed for recreational use or outdoor activities. Usable open space shall not include parking areas, driveways, or service areas, and shall not have a slope greater than 10 percent or any dimension less than 10 feet, except decks or balconies, which shall have a minimum dimension of 5 feet. Decks shall not be counted as usable open space where they are used principally as a passageway and entrance to the dwelling units. Where decks are private in nature or are for the general use of tenants residing on the property and do not serve solely as a passageway, such decks may be counted as usable open space when otherwise conforming with the requirements of this Chapter.

USABLE OPEN SPACE

(The diagram is illustrative.)

Parking Area, Private: An area used for the parking of motor vehicles, boats or trailers by persons in residence or employed upon the premises.

Parking Area, Public: An area, other than a street or other public way, used for the parking of automobiles and available to the public for a fee, free of charge, or as an accommodation for clients or customers.

Parking Space: A readily accessible area maintained exclusively for the parking of one motor vehicle. The parking space may be either within a structure or in the open and shall not include driveways, ramps, loading or working areas, and shall conform to dimensions established by City resolution.

Parking, Under Structure:

1.    Parking On Grade: Parking under a structure on the finished grade of the site. The parking shall constitute the first story of the structure.

2.    Parking Subgrade: Parking under a structure that is below the finished grade of the site, but does not qualify as a basement or underground parking. The parking shall constitute the first story of the structure.

3.    Parking Basement: Parking under a structure in a space that qualifies as basement.

4.    Parking Space Underground: Parking that is totally below the finished grade of that portion of the site. The space shall be totally covered and its structure shall not be visible from the adjacent finished grade, except for driveways ramps. Underground parking may project into setback areas with a minimum setback of five feet, except by Use Permit, but in no case closer that one foot from a property line.

Patio: A paved court open to the sky.

Permitted Use: Permitted without a requirement for approval of a use permit.

Porch: An open or covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building.

Preexisting: In existence prior to the effective date of the zoning ordinance codified in this chapter.

Project: Any proposal for new or changed use, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this chapter.

Public Works Director: The staff member or staff members appointed by the City Manager to perform the functions of Public Works Director. (Ord. 3472 § 20, 2012)

PWS: Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined in 47 U.S.C. Section 332(c)(7)(C)(i). (Ord. 3443 § 2, 2010)

PWS Facility: A facility for the provision of PWS, as defined in 47 U.S.C. Section 332(c)(7)(C)(ii). (Ord. 3443 § 2, 2010)

Reconstruction: The act or process of reproducing by new construction the exact form and detail of a vanished historic structure, site, or feature or any part thereof as it appeared at a specific period of time. For properties with an adopted Preservation Program, the specified period of time shall be the adopted interpretive period. (Ord. 3444 § 2, 2010)

Remodeling: The act of renovating, reconstructing, or rebuilding all or portions of a building or structure, or making repairs or modifications to a building or structure that involves removal or replacement of less than 50 percent of both the structural framing and cladding or the exterior walls within a 24-month period. This applies to, but is not limited to, moving or removing windows, doorways, walls or any other feature. (Ord 3414; 07/2008)

Room, Habitable: A room meeting the requirements of the Uniform Building Code, as amended by Chapter 5 of the City Code, for sleeping, living, cooking, or dining purposes, excluding such enclosed places as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms, garages, and similar spaces.

Seating, Outside Incidental: Seating area not exceeding 150 square feet in size.

Seating, Outside, Major: Seating area over and above 150 square feet in size.

Setback Line: A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, corner side or rear yard, or the boundary of any public right-of-way whether acquired in fee, easement or otherwise, or a line otherwise established to govern the location of buildings, structures or uses.

Sexual Activities, Specified: Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, oral copulation, or sodomy; fondling or other erotic touching of human genitals (pubic region), buttocks, or female breasts.

Short-term Residential Rental: Rental of any residential building, portion of such building, or group of such buildings in which there are guest rooms or suites, including housekeeping units, for transient guests, where lodging with or without meals is provided for a period of less than a calendar month or less than 30 consecutive days. For the purposes of this definition, house “swapping” or trading without rent or other exchange of money shall be excluded. Rental of a residential unit by an owner-occupant who is temporarily away from the residence is also exempt from this ordinance, as long as such rental does not occur more than once in any 12-month period.

Significant Gap: A significant gap in the PWS facility provider’s own service coverage. Whether a significant gap in service coverage exists is a fact-specific inquiry, and the PWS facility provider has the burden of demonstrating the existence and geographic proportions of a gap in coverage. At a minimum, a significant gap must be more than individual “dead spots” within a greater service area. (Ord. 3443 § 2, 2010)

Stable: A detached building for the keeping of horses.

Storeroom, Large - Residential: A storage room exceeding 220 square feet.

Story: The portion of a building included between the upper surface of any floor and the upper surface of the floor above. The topmost story shall be the portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If a room, cellar, or unused under-floor area has more than 40% of the perimeter of the building over four feet above grade measured to the finished floor level above or is more than 12 feet above grade at any point measured to the finished floor level above, it shall be considered the first story. Any basement level that has a habitable room shall be considered the first story.

Story, Half: A partial story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story.

Street: A public right-of-way, usually for vehicular travel, which provides a public means of access to abutting property. The term shall include: avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any similar term.

Structure: Anything built or constructed, which requires a permanent location on the ground or is attached to something having a permanent location on the ground.

Structures or Slabs Over the Water, Existing: Those existing structures or slabs extending beyond the mean high tide line as shown in Figure 28, Development Policies, on page IV - B - 16 in the Cannery Row Local Coastal Program Land Use Plan.

Studio Apartment: A dwelling unit with one habitable room together with a kitchen or kitchenette and bathroom facilities.

Substandard Lot: A lot in a residential zone consisting of less than 5,000 square feet in total area.

Supportive Housing: Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Swimming Pools and Hot Tubs: Any constructed or prefabricated water filled enclosure having a depth of 24 inches or more, which is not drained, cleaned, or refilled for each individual, and is used for swimming or recreation.

Target Population: Persons, including persons with disabilities, and families who are “homeless,” as that term is defined by Section 11302 of Title 42 of the United States Code, or who are “homeless youth,” as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code.

Temporary Use: A use, conducted outdoors or within a completely enclosed building for a period of time. (Ord. 3522 § 4, 2015; Ord 3326, 06/2003)

Transitional Housing: Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculating of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

Transitional Use: A use which is appropriate, subordinate, and supportive of the main use, but is located on an adjacent site having a different zoning designation.

Undevelopable Land: Land where maximum development density may not be achieved because a portion of the land is undevelopable, due to the existence of slopes over 25%, land under water, and land within the 100-year beach erosion rate line. Land containing rare and endangered species, as generally defined in the City of Monterey’s General Plan and as specifically determined during the environmental review process, shall also be considered undevelopable. Undevelopable land shall be excluded from density calculations in the “PC” (Planned Community) District, Planned Unit Developments (PUDs), any new subdivision of land, and development on more than one acre of land.

Use, Accessory: A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use.

Vacation Time Share Projects: Any arrangement where the use, occupancy, or possession of real property circulates among purchasers of intervals of ownership according to a fixed or floating time schedule on a periodic basis for a specific period of time during any given year, regardless of the name used to describe the method of use, occupancy, or possession. Vacation time share projects are prohibited within all zones in the City of Monterey.

Visitor Accommodation Facility: Any building, portion of any building, or group of buildings in which there are guest rooms or suites, including housekeeping units for transient guests, where lodging with or without meals is provided. The definition excludes Vacation Time Share Facilities.

Yard: An open space on the same site as a structure, unoccupied and unobstructed by structures from the ground upward except as otherwise provided in this chapter, including a front yard, side yard, corner side yard, or rear yard.

Yard, Corner Side: A side yard on the street side of a corner lot.

Yard, Front: An open space extending the full width of the lot, measured between the building closest to the front lot line and the front lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this ordinance.

Yard, Rear: An open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this ordinance.

Yard, Side: An open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this ordinance.

Zone: A portion of the city where the use of land and structures and the location, height, and bulk of structures are governed by this chapter.

Zoning Map: The zoning map or maps of the City of Monterey, California, as amended.

Zoning Ordinance: The Zoning Ordinance of the City of Monterey, as amended, as set forth in Chapter 38 of the Monterey City Code. (Ord. 3571 § 3, 2017; Ord. 3560 § 2, 2017; Ord. 3554 § 2, 2016; Ord. 3545 § 2, 2016; Ord. 3428 § 1, 2009; Ord. 3424 § 1, 2009)

ARTICLE 4 -- Use Classifications

Sections:

38-12    Purpose and Applicability

38-13    Uses Not Classified

38-14    Residential Use Classifications

38-15    Commercial Use Classifications (Ord 3397, 10/07)

38-16    Industrial Use Classifications

38-17    Public and Semipublic Use Classifications

38-18    Agricultural and Extractive Use Classifications

38-19    Accessory Use Classifications

38-20    Temporary Use Classifications

38-12 Purpose and Applicability

Use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. The classification system includes primary use categories and subordinate use categories. Subordinate use categories shall comply with primary use categories’ land use regulations, unless specified otherwise. The Public Works Director shall determine whether a specific use shall be deemed to be within one or more use classifications or not within any classification in this chapter. The Public Works Director may determine that a specific use shall not be deemed to be within a classification, whether or not named within the classification, if its characteristics are substantially incompatible with those typical of uses named within the classification. The Public Works Director’s decision may be appealed to the Planning Commission, as provided in Article 27. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

38-13 Uses Not Classified

Any new use, or any use that cannot be clearly determined to be in an existing use classification, may be incorporated into the zoning regulations by a zoning ordinance text amendment, as provided in Article 26.

38-14 Residential Use Classifications

A.    Condominiums. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential, industrial, or commercial building on the real property, such as an apartment, office, or store.

B.    Day Care, Limited. Non-medical care and supervision of eight or fewer persons if a) at least two children are at least six years of age and b) no more than two infants under two years of age are cared for when more than six children are cared for. These capacities include children under age 10 who live in the licensee’s home. This classification includes day-care centers for children and adults. (Ord 3326, 2003)

C.    Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouses, dormitories, fraternities, sororities, and private residential clubs, but excludes residential hotels.

D.    Multifamily Residential. Two or more dwelling units on a site. This classification includes manufactured homes (mobile homes and factory-built housing).

E.    Residential Care, Limited. Twenty-four-hour non-medical care for six or fewer persons in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California.

F.    Single-Family Residential. Buildings containing one dwelling unit located on a single lot. This classification includes manufactured homes.

1.    With Boarders or Lodgers.

38-15 Commercial Use Classifications

A.    Adult Businesses. Establishments based primarily on materials or performances that depict, describe, or relate to sexual activities specified in Article 3.

1.    Adult Bookstore means an establishment having as all or a significant portion of its stock books, magazines or other periodicals, films, videotapes, video discs or other such electronic, magnetic, or other means of creating a moving image upon any screen, television or other device, peep shows or other similar devices designed for use in individual viewing of films on the premises, which books, magazines, periodicals, films, videotapes, video discs, or other means, peep shows or similar devices are substantially devoted to the depiction of specified sexual activities or specified anatomical areas as defined herein.

2.    Adult Motion Picture Theater means an enclosed or unenclosed building or structure or portion thereof used for presenting material in the form of motion picture film, videotape, or other similar means which film, videotape, or other means is devoted to the depiction of specified sexual activities or specified anatomical areas for observation and viewing by persons therein. (Ord. 3438 § 1, 2009)

B.    Alcohol Beverage Outlet. Any establishment wherein alcoholic beverages are sold or served on or off the premises. Ord 3305; 5/2002

C.    Ambulance Services. Provision of emergency medical care or transportation, including incidental storage and maintenance of vehicles.

D.    Animal Sales and Services.

1.    Animal Boarding. Provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.

2.    Animal Grooming. Provision of bathing and trimming services for small animals on a commercial basis.

3.    Animal Hospitals. Establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air conditioned. Grooming and temporary (30 days) boarding of animals is included if incidental to the hospital use.

4.    Animals: Retail Sales. Retail sales and incidental boarding of animals, provided such activities take place within an entirely enclosed building.

5.    Riding Academies. Establishments offering facilities for instruction in horseback riding, including rings, stables, and exercise areas.

E.    Artists’ Studios. Work space for artists and artisans, including individuals practicing one of the fine arts or performing arts, or skilled in an applied art or craft.

F.    Banks and Savings and Loans. Financial institutions that provide retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on site circulation of cash money. It also includes businesses offering check cashing facilities, and banks with automatic teller machines (ATMs).

1.    With Drive-up Service. Institutions providing services accessible to persons who remain in their automobiles.

G.    Building Materials and Services. Retailing, wholesaling, or rental of building supplies or equipment. This classification includes lumber yards, tool and equipment sales or rental establishments, and building contractors’ yards, but excludes establishments devoted exclusively to retail sales of paint and hardware and activities classified under Vehicle/ Equipment Sales and Services, including vehicle towing services.

H.    Catering Services. Preparation and delivery of food and beverages for off site consumption without provision for on site pickup or consumption. (See also Eating and Drinking Establishments.)

I.    Commercial Filming. Commercial motion picture or video photography at the same location more than six days per quarter of a calendar year.

J.    Commercial Recreation and Entertainment. Provision of participant or spectator recreation or entertainment. This classification includes theaters, sports stadiums and arenas, amusement centers bowling alleys, billiard parlors, poolrooms, dance halls, ice/roller rinks, golf courses, miniature golf courses, horse stables, polo fields, recreation vehicle parks, scale model courses, shooting galleries, tennis/racquetball courts, croquet courts, swim clubs, health/fitness clubs, and games centers.

1.    Limited. Indoor movie theaters and performing arts theaters.

2.    Nighttime Entertainment. Establishments subject to regulations of Chapter 5, Amusements.

K.    Communications Facilities. Broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms, but excluding PWS facilities. This classification includes but is not limited to radio, television, or recording studios; and telephone switching centers. (Ord. 3443 § 3, 2010)

L.    Contractor’s Establishment. An establishment for use by contractors including building, heating, cabinet, painting, plumbing, electrical and like uses.

1.    Limited: When operated in conjunction with a retail store or office, provided that all uses shall be conducted wholly within completely enclosed buildings.

M.    Eating and Drinking Establishments. Businesses serving prepared food or beverages for consumption on or off the premises. (Ord. 3243 § 2, 1999)

1.    Restaurant - Full Service. Restaurant serving prepared food or beverages for consumption on or off the premises. The defining characteristic of full-service Restaurants is table service (defined as ordering and receiving food at the table). May include incidental bar service.

2.    Restaurant - Fast Food. Restaurant with a short period of time between ordering and delivery of food and one or more of the following characteristics:

a.    Food served in disposable containers.

b.    Table service not provided (defined as ordering and receiving food at the table).

c.    Drive through or walk up windows.

3.    Restaurant - Formula Fast Food. Fast food Restaurant as defined above which is required by contractual or other arrangements to maintain any of the following: standardized menus, ingredients, food preparation, services, decor, uniforms, architecture, building appearance, signs, or similar standardized features.

4.    Snack Bar. A building or cart, having no designated interior seating, which serves food and beverages in a Park and Recreation Facility or a Commercial Recreation and Entertainment Facility in the “O” Open Space District.

5.    Bar. An establishment that has a Type 40, 42, 48, or 61 Alcohol Beverage Control license and amendments thereto. Ord 3305; 5/2002

6.    Live Entertainment/Dancing. Any entertainment or dance event that involves amplified noise, including but not limited to performances by live bands or individual musicians, karaoke or the playing of music by disc jockeys. Ord 3305; 5/2002

N.    Food and Beverage Sales. Retail sales of food and beverages for off site preparation and consumption. Typical uses include groceries, liquor stores, or delicatessens. Establishments at which 20 percent or more of the transactions are sales of prepared food for on site or take out consumption shall be classified as Catering Services or Eating and Drinking Establishments.

O.    Convenience Markets. Retail sales of food, beverage and small convenience items typically found in establishments with long or late hours of operation. This definition includes convenience markets within service stations but excludes delicatessens and other specialty food shops having a sizeable assortment of fresh fruits and vegetables, and fresh cut meat.

P.    Funeral and Interment Services. Establishments primarily engaged in the provision of services involving the care, preparation or disposition of human dead other than in cemeteries. Typical uses include crematories, columbariums, mausoleums or mortuaries.

Q.    Horticulture, Limited. The raising of vegetables, flowers, ornamental trees and shrubs as a commercial enterprise. Commercial horticulture accessory to a dwelling unit shall be regulated as a home occupation.

R.    Laboratories. Establishments providing medical or dental laboratory services or establishments with less than 2,000 square feet providing photographic, analytical, or testing services. Other laboratories are classified as Limited Industry.

S.    Maintenance and Repair Services. Establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles; see Vehicle/Equipment Repair.

T.    Nurseries. Establishments in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only.

U.    Offices, Business and Professional. Offices of firms or organizations providing professional, executive, management, financial or administrative services, such as architectural, computer software consulting, data management, engineering, interior design, graphic design, real estate, insurance, investment, legal, medical/dental and title offices and banks and savings and loan offices which do not have on site circulation of cash. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations.

1.    Offices, Medical: Offices for physician, dentist, psychiatrists, acupuncturists, and chiropractors.

V.    Pawn Shops. Establishments engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property, subject to the regulations of Chapter 24 of the City Code.

W.    Personal Improvement Services. Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, business and trade schools, and diet centers, reducing salons, and fitness studios.

1.    Health Studios or Spas. Establishments with equipment for exercise and physical conditioning.

X.    Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, shoe repair shops, dry cleaning agencies (excluding bulk processing plants), photocopying, self-service laundries, and escort services. (Ord. 3544 § 3, 2016; Ord. 3438 § 2, 2009)

Y.    Research and Development Services. Establishments primarily engaged in industrial or scientific research, including limited product testing. This classification includes electron research firms or pharmaceutical research laboratories, but excludes manufacturing, except of prototypes, or medical testing and analysis.

Z.    Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation).

1.    Limited. Excludes furniture, hardware, paint and wallpaper, carpeting and floor covering, and new automotive parts and accessories.

2.    Pharmacies and Medical Supplies. Establishments primarily selling prescription drugs, medical supplies, and equipment.

3.    Visitor-Oriented. Sale of arts and crafts, antiques, jewelry, clothing, books, toys, and gifts, designated for visitors. This classification includes arts and crafts studios, galleries and shops.

AA.    Secondhand Appliance and Clothing Sales. The retail sale of used appliances and clothing by secondhand dealers. This classification includes flea markets but excludes antique shops primarily engaged in the sale of used furniture and accessories other than appliances.

BB.    Swap Meets, Recurring. Retail sale or exchange of new, handcrafted, or secondhand merchandise for a maximum period of 48 hours, conducted by a sponsor on a more than twice yearly basis.

CC.    Travel Services. Establishments providing travel information and reservations to individuals and businesses. This classification excludes car rental agencies.

DD.    Vehicle/Equipment Sales and Services.

1.    Automobile Rentals. Rental of automobiles, including storage and incidental maintenance, but excluding maintenance requiring pneumatic lifts.

2.    Automobile Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.

3.    Commercial Parking Facility. Lots offering short term or long term parking to the public for a fee.

4.    Service Stations. Establishments engaged in the retail sale of gas, diesel fuel, lubricants, parts, and accessories. This classification includes incidental maintenance and repair of automobiles and light trucks, but excludes body and fender work or repair of heavy trucks or vehicles.

5.    Vehicle/Equipment Repair. Repair of automobiles, trucks, motorcycles, mopeds, mobile homes, or recreational vehicles, or boats, including the sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, wheel and brake shops, and tire sales and installation, but excludes vehicle dismantling or salvage.

a.    Limited. Excludes body and fender shops.

6.    Vehicle/Equipment Sales and Rentals. Sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, mobile homes, boats and similar equipment, including storage and incidental maintenance.

7.    Vehicle Storage. Lots for storage of parking tow-aways, impound yards, and storage lots for automobiles, trucks, buses and recreational vehicles.

EE.    Visitor Accommodations. Any building, portion of any building, or group of buildings in which there are guest rooms or suites, including housekeeping units, for transient guests where lodging with or without meals is provided. Visitor accommodation facilities are those required to pay transient occupancy tax by Article 3, Chapter 35 of this code. Visitor accommodation facilities include limited-occupancy visitor accommodations as defined below. Visitor accommodation facilities include hotels, motels, beds and breakfast inns, and youth hostels. Youth hostel is a visitor facility providing short-term, dormitory-type visitor accommodations.

1.    Limited. Limited-Occupancy Visitor Accommodation Facilities are defined as the conversion of single-family residences to country inns or bed and breakfast types of use, whereby limited numbers of visitors may obtain accommodations and a single meal upon the premises. Only existing single-family dwellings that present unique historical or architectural features are considered as limited-occupancy visitor accommodation facilities.

FF.    Walk Up Service/Window. Any window or device which dispenses goods or services from within a building to pedestrians outside of a building, including instant teller windows.

GG.    Warehousing and Storage, Limited. Provision of storage space for household or commercial goods within an enclosed building without direct public access to individual storage spaces. This classification includes mini-warehouse facilities with a maximum of 5,000 square feet of gross floor area, but excludes Wholesaling Distribution and Storage, and Vehicle Storage.

HH.    Mail and Packing Service Centers: Establishments providing services including packing and mailing of personal goods and letters.

II.    Coastal Dependent Research and Education. Research and education facility which requires a site on or adjacent to the sea to be able to function at all. (Ord 3397;10/07)

JJ.    Coastal Dependent. Any development or use which requires a site on or adjacent to the sea to be able to function at all. (Ord 3397;10/07)

KK.    Coastal Related. Any use that is dependent on a coastal dependent development or use. (Ord 3397, 10/07)

LL.    Public Serving Uses. Uses that serve the public. (Ord 3397, 10/07)

MM.    Massage Establishments. A place where certified massage therapists or certified massage practitioners practice massage as provided in California Business and Professions Code Section 4601(f). The following are not considered massage establishments under this section: California State-licensed hospitals, nursing homes, the office of a licensed medical professional, or other State-licensed physical or mental health facilities; nor a personal fitness training center, gym, athletic facility or health club, when the administering of massage is an incidental function of the business, constituting 10 percent or less of the business. (Ord. 3544 § 4, 2016)

38-16 Industrial Use Classifications

A.    Industry, Custom. Establishments primarily engaged in on site production of goods by hand manufacturing involving the use of hand tools and small scale equipment. Includes mechanical equipment not exceeding two horsepower or a single kiln not exceeding eight kilowatts and the incidental direct sale to consumers of only those goods produced on site. Typical uses include custom bookbinding, ceramic studios, candle making shops, and custom jewelry manufacture.

B.    Industry, General. Manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes food processing and packaging, laundry and dry cleaning plants, stonework and concrete products manufacture (including concrete ready mix plants), and power generation. Noxious industrial uses, such as asphalt and chemical manufacture, hot mix plants, rendering, and tanneries are excluded from this classification.

C.    Industry, Limited. Manufacturing of finished parts or products, primarily from extracted or raw materials; and provision of industrial services; both within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials, food processing, and Vehicle/Equipment Sales and Services. Includes the incidental direct sale to customers of only those goods produced or assembled on site.

D.    Industry, Research and Development. Establishments primarily engaged in the research, development, and controlled production of high technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable in the opinion of the Public Works Director, by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. This classification includes biotechnology firms, and manufacturers of nontoxic computer components.

E.    Wholesaling, Distribution and Storage. Storage and distribution facilities without direct public access.

1.    Trucking Terminals. Storage and distribution facilities having more than six heavy trucks on the premises at one time, but excluding trucking accessory to a Limited Industry or General Industry classification.

2.    Small Scale. Wholesaling, distribution and storage having a maximum gross floor area of 5,000 square feet and having no more than two docks or service bays. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

38-17 Public, Semipublic and Water Facilities Use Classifications

A.    Airports and Landing Strips. Runways and related facilities for aircraft, including rotary-winged and ultralight aircraft, take off and landing.

B.    Clubs and Lodges. Meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs and youth centers.

C.    Convalescent Facilities. Establishments providing care on a 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services.

D.    Cultural Institutions. Nonprofit institutions displaying or preserving objects of interest in one or more of the arts or sciences. This classification includes libraries, museums, art galleries and theaters.

E.    Day Care, General. Provision of non-medical care for seven or more persons on a less than 24 hour basis. This classification includes nursery schools, preschools, and day care centers for children or adults.

F.    Day Care, Large Family. A state-licensed family-care home serving nine to 14 children where care, protection and supervision are regularly provided in the care giver’s home for periods of less than 24 hours per day while parents or guardians are away. The number of children may be increased to 14 children if a) at least two of the children are at least six years of age and b) no more than three infants under two years of age are cared for when more than 12 children are cared for. These capacities include children under age 10 who live in the licensee’s home. (Ord 3326, 06/2003)

G.    Detention Facilities. Publicly owned and operated facilities providing housing, care, and supervision for persons confined by law.

H.    Emergency Medical Care. Facilities providing emergency or urgent medical service on a 24-hour basis with no provision for continuing care on an inpatient basis.

I.    Government Offices. Administrative, clerical, or public contact offices of a government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

J.    Hospitals. Facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes facilities for outpatient treatment, as well as training, research, and administrative services for patients and employees. Specific hospital types include those specializing in:

1.    Acute Care. A hospital with overall administrative and professional responsibility and an organized medical staff that provides 24 hour inpatient care, including medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, and dietary services.

2.    Other. Any other hospital including facilities for rehabilitation and physical care, acute psychiatric care, chemical dependency, and substance abuse.

K.    Maintenance and Service Facilities. Facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities.

L.    Park and Recreation Facilities. Noncommercial parks, playgrounds, recreation facilities, and open spaces.

M.    Public Recycling Facilities. A drop off facility for the recycling of waste paper, bottles, cases, or other materials. This classification does not include processing facilities for recycled materials (see Major Utilities).

N.    Public Safety Facilities. Facilities for public safety and emergency services, including police and fire protection.

O.    Religious Assembly. Facilities for religious worship and incidental religious education, but not including Private Schools as defined in this section.

P.    Residential Care, General. Twenty four hour non medical care for seven or more persons, including wards of the juvenile court, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those services and facilities licensed by the State of California. This classification also includes homeless shelters. Residential care, general, requires a resident manager.

Q.    Schools, Public or Private. Educational institutions having a curriculum comparable to that required in the public schools of the State of California.

R.    Utilities, Major. Generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, processing, recycling or disposal facilities, water reservoirs, flood control or drainage facilities, water or wastewater treatment plants, transportation (including taxi terminals), and similar facilities of public agencies or public utilities. A structure that may have a significant effect on surrounding uses shall be regulated under this classification.

1.    Water Facilities. Any method for the purpose of extracting water from or injecting water into the underground or storing water for potable water use. This classification includes any other water supply method such as water wells or cisterns and includes public, semi-public or private facilities. This classification does not pertain to water facilities for testing, irrigation of landscaping or water wells serving one single-family residence or producing 500 gallons or less per day.

2.    PWS Facility. A facility for the provision of PWS, as defined in 47 U.S.C. Section 332(c)(7)(C)(ii). (Ord. 3443 § 4, 2010; Ord. 3278 §1, 5/00)

S.    Utilities, Minor. Utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines and underground water and sewer lines, and small recycling collection facilities within convenience drop off zones, as defined by the California Beverage Container Recycling and Litter Reduction Act.

38-18 Agricultural and Extractive Use Classifications

A.    Animal Husbandry, Limited. Typical uses include grazing, ranching, dairy farming, and horse breeding and training. This classification excludes poultry and pig farming.

B.    Crop Production. Raising and harvesting of tree crops, row crops, or field crops on an agricultural or commercial basis, including packing and processing.

C.    Mining and Processing. Places or plants primarily devoted to surface or subsurface mining of metallic and nonmetallic minerals, oil or gas, together with essential on site processing and production of only nonmetallic mineral products. Typical places are borrow pits, quarries, oil and gas wells, or concrete batch plants.

38-19 Accessory Use Classifications

A.    Accessory Uses and Structures. Uses and structures that are incidental to the principal permitted or conditionally permitted use or structure on a site and are customarily found on the same site. This classification includes garages, garden sheds, greenhouses, storage shelters, and covered patios.

38-20 Temporary Use Classifications

A.    Agricultural Sales. Seasonal sales of agricultural or horticultural products, including firewood.

B.    Animal Shows or Sales. Exhibitions of domestic or large animals for a maximum of seven days. This classification includes animal sales.

C.    Arts and Crafts Shows, Outdoor. Display and sale of painting, sculpture, hand crafts and similar objects.

D.    Christmas Tree Sales. Retail sales of Christmas trees between Thanksgiving and December 26.

E.    Circuses and Carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility.

F.    Commercial Filming, Limited. Commercial motion picture or video photography at the same location six or fewer days per quarter of a calendar year.

G.    Live Entertainment Events. Concerts and other cultural events lasting less than five days.

H.    Promotional Events. Activities intended to promote sales of goods or services.

I.    Religious Assembly. Religious services conducted on a site that is not permanently occupied by a religious assembly use, for a period of not more than 30 days.

J.    Retail Sales, Outdoor. Retail sales of new merchandise on the site of a legally established retail business.

K.    Swap Meets, Non Recurring. Retail sale or exchange of new, handcrafted, or secondhand merchandise for a maximum period of 48 hours, conducted by a sponsor no more than twice in any year.

L.    Trade Fairs. Display and sale of goods or equipment related to a specific trade or industry for a maximum period of five days.

M.    Safe Parking Program. A program operated on an existing parking lot located outside of the public right-of-way and managed by a social service provider that provides individuals and families with vehicles a safe place to park overnight while working towards a transition to permanent housing. (Ord. 3522 § 3, 2015)

PART II -- BASE DISTRICT REGULATIONS

ARTICLE 5 -- R Residential Districts

Sections:

38-21    Specific Purposes

38-22    R-E Residential Estate District

38-23    R-1 Residential Single-Family District

38-24    R-2 Residential Low Density Multifamily Dwelling District

38-25    R-3 Residential Medium Density Multifamily Dwelling District

38-26    Supplemental Regulations Applicable in R Districts

38-21 Specific Purposes

In addition to the general purposes listed in Article 1, the specific purposes of residential districts are to:

A.    Provide appropriately located areas for residential development that are consistent with the General Plan and with standards of public health and safety established by the City Code.

B.    Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects.

C.    Protect adjoining single-family residential districts from excessive loss of sun, light, quiet, and privacy resulting from proximity to multifamily development.

D.    Achieve design compatibility with surrounding neighborhoods.

E.    Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment.

38-22 R-E Residential Estate District

A.    Description. The R-E Residential Estate District is intended to provide opportunities for single-family detached homes on large parcels in neighborhoods at densities ranging from less than two dwelling units per acre and to eight units per acre. A second number, “-20,” “-30,” etc., indicates the minimum lot area and dimensions and the property development standards that apply. Supporting recreational, religious, educational, and community facilities are also allowed.

B.    Land Use Regulations. In the following schedule, the letter “P” designates use classifications permitted in the R-E district and the letter “U” designates use classifications allowed on approval of a Use Permit. The “Additional Regulations” column includes certain limitations on allowable uses and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

R-E DISTRICT LAND USE REGULATIONS 

 

 

Additional Regulations

 

Residential Uses

 

 

 

 

 

Single-family Residential

P

 

With more than one kitchen

U

 

With boarders or lodgers

P

Rooms shall not contain kitchen facilities.

Day Care, Ltd.

P

 

Employee Living Quarters

U

 

Guest House

U

 

Residential Care, Ltd.

P

 

Supportive Housing

P

 

Transitional Housing

P

 

Accessory Dwelling Units, Interior

P

 

 

 

 

Public and Semi-public Uses

 

 

 

 

 

Day Care, Large Family

U

See Section 38-26(J)

Park and Recreation Facilities

U

 

Public Safety Facilities

U

 

PWS Facilities

U

 

Religious Assembly

U

 

Residential Care, General

U

 

Schools, Public or Private

U

 

Utilities, Major

U

 

Utilities, Minor

P

 

 

 

 

Accessory Uses

 

 

 

 

 

Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios. Bath facilities are limited to a half bath, and a full bath is not permitted.

 

See Section 38-26(F), (G), (K), (L), (N)

 

 

 

Temporary Uses

 

Require administrative approval by the Public Works Director

 

 

 

Nonconforming Uses

 

See Article 28

 

 

 

P = Permitted U = Use Permit Required

(Ord. 3560 § 3, 2017; Ord. 3554 § 3, 2016; Ord. 3495 § 2, 2014; Ord. 3472 § 1, 2012; Ord. 3443 § 5, 2010)

C.    Minimum Lot Dimensions. The following schedule describes minimum lot dimensions for the R-E District. The minimum lot size is indicated by a -200, -120, -40, -30, or -20, as the case may be. This number refers to the minimum lot area required in thousands of square feet.

 

R-E DISTRICT: MINIMUM LOT DIMENSIONS

 

Minimum Lot Area (sq.ft.)

Minimum Lot Width (ft.)

Minimum Lot Depth (ft.)

R-E5A

Five acres

200

200

R-E-200

200,000

200

150

R-E-120

120,000

200

150

R-E-40

40,000

125

125

R-E-30

30,000

100

100

R-E-20

20,000

90

100

D.    Property Development Standards. Property development standards that apply to new construction or alterations and additions in the R-E District are shown below:

R-E DISTRICT: PROPERTY DEVELOPMENT STANDARDS

1. Minimum Yards (in feet):

 

a. Front

35 (a)

b. First-Story Side

(b)

c. Corner Side

(c)

d. Second-Story Side

(d)

e. Second-Story Corner Side

(e)

f. Rear

35 (f)

2. Maximum Lot Coverage (Percent)

35%

3. Maximum Floor Area Ratio (FAR)

40% (g)

4. Maximum Height (stories/ft.)

 

a. Dwellings

2-1/2 stories and 30 ft.

b. Accessory Structures

One story and 12 ft.

(a)    The minimum front yard setback of any garage, carport, or parking pad is 35 feet from the front property line.

(b)    A combined total of 20 percent of the lot width may be varied along the length of a structure with a minimum setback of 15 feet. Combined side yard setbacks shall be measured along lines parallel to the front property line. Side yard setbacks for nonrectangular sites shall be computed using an average of the front and rear property lines.

(c)    20 percent of the lot width but not more than 25 feet.

(d)    A combined total of 30 percent of the lot width may be varied along the length of a structure with a minimum setback of 15 feet. Combined side yard setbacks shall be measured along lines parallel to the front property line. Side yard setbacks for nonrectangular sites shall be computed using an average of the front and rear property lines.

(e)    25 percent of the lot width but not more than 30 feet.

(f)    On lots less than 100 feet in depth, minimum setback shall be 20 percent of lot depth, but not less than 10 feet.

(g)    Excluding up to 250 square feet of a garage that is not occupied by any appliance, equipment, mechanical system, work bench, or built-in fixture, carports, decks, uncovered patios, and landscaping areas.

5.    Off-Street Parking

a.    Number of Off-Street Parking Spaces Required:

Single-Family Dwelling

2, including 1 covered.

Guest House

1

Other use classifications

See Article 17.

b.    Parking of Vehicles in Required Front Yard Setback Other than Driveway Apron

On substandard lots less than 5,000 square feet and on lots with a street front footage of less than 50 feet, parking in the front yard setback area shall be limited to the driveway apron in front of covered parking and in front of any required open parking space. There shall be no parking in the front yard setback on non-driveway apron areas.

On lots of a size 5,000 square feet or greater and on lots with a street front footage of 50 feet or greater, parking in the front yard setback shall be limited to the driveway apron in front of covered parking and in front of any required open parking space. The driveway apron in the front yard setback area shall not be widened more than an additional 10 feet and shall not be closer than 3 feet to a side property line. The 3 foot area between the driveway apron and the side property line shall be landscaped. This widening shall be done with a paved surface like the existing driveway apron or alternative paving surfaces which have been reviewed and approved by staff. Additional improved parking area may be considered by staff where a hardship based on lack of on-street parking, topography, or natural features such as trees can be found. There shall be no parking in the front yard setback on non-driveway apron areas.

c.    Location of Garage Door: On corner lots, a garage opening facing a street-side property line shall be set back 20 feet.

6.    Supplemental Regulations and Exceptions for Substandard Lots:

See Section 38-26: Supplemental and Regulations Applicable in R Districts and Article 17: Regulations Applying in All Districts

7.    Supplemental site regulations applicable to all R districts are included in Section 38-26.

These establish requirements for accessory structures, front yards, religious assembly yard requirements, exterior materials, fences and retaining walls, swimming pools and hot tubs, and manufactured homes.

8.    Nonconforming Structures: See Article 28.

9.    Supplemental regulations applicable to all zoning districts in the City are contained in Article 17, and off-street parking requirements are found in Article 18

10.    Fences and Walls.

The maximum height of a fence or wall shall be six feet, except in required front or side yard adjoining a street of a reverse corner lot, where the maximum height shall be four feet. In addition, all fences and walls shall be subject to the driveway visibility requirement of Article 18 - Off-street Parking Loading Regulations. Corner lot fences or walls shall be reviewed by the Traffic Committee. On corner lots, there shall be no visual obstruction at the intersection caused by fences or walls, which could constitute a traffic hazard within an area defined by a corner cut-off line between two points, each measured 30 feet horizontally along the front and side property lines from the point of intersection of said property lines at the street corner.

FENCES AND WALLS

(The diagram is illustrative)

11.    Bathroom in habitable basements.

For habitable basements with a ceiling height of seven feet or more, only a half bath is permitted. A full bath is not permitted in a habitable basement.

12.    Variations to Setback Standards: Setbacks shall be as set forth in the Zoning Ordinance; however, the Architectural Review Committee may minimally vary any setback to achieve an improved relationship between the new construction and structures on adjacent lots and those in the immediate neighborhood, or to accommodate certain green building practices (as outlined in the Green Building incentives adopted by City Council resolution per Monterey City Code section 38-112.3(F).* No variation to the standards shall be approved until notice is given to all adjoining property owners and the property owners across the street.

*    Code reviser’s note: Ordinance No. 3490 C.S. repeals Section 38-112.3.

Variations in setback shall only be granted upon finding that the variation will not compromise privacy expectations on adjacent properties beyond those incurred by adherence to standard setbacks and that the variation is minimal and necessary to achieve conformity with one or more of the following:

a.    Adopted Neighborhood Compatibility Design Guidelines:

b.    Design considerations contained in subsection 4 of Substandard Residential Lots;

c.    Planning Commission and Architectural Review Committee adopted View Impact policies;

d.    Architectural Review Committee adopted Tree Protection Standards; and,

e.    Green Building incentives (as adopted by City Council resolution per Municipal Code section 112.3(F).*

*    Code reviser’s note: Ordinance No. 3490 C.S. repeals Section 38-112.3.

All decisions of the Architectural Review Committee that grant a setback variation shall be accompanied by specific findings that support the decision. All decisions of the Architectural Review Committee may be appealed to the Planning Commission under Monterey City Code section 28-203 et seq.

If a variation is granted by the Architectural Review Committee, it supersedes the need for a Variance. Variations to setback standards that are not reviewed by the Architectural Review Committee or do not conform with these standards shall be reviewed in accordance with the provisions of Monterey City Code section 28-156 et seq. (Ord. 3429 § 3, 2009; Ord. 3428 § 2, 2009; Ord 3414, 07/2008)

E.    Review of Plans. Applications for new construction, exterior alterations, and additions shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee. Architectural Review Committee approval shall be required if:

1.    The site of the residence is subject to a D-1, Design Control, or D-2, Development Control, overlay district;

2.    The lot is less than 5,000 square feet;

3.    The building site exceeds 15% slope; or

4.    The proposed design fails to comply with neighborhood design guidelines or Architectural Review Committee standards. (Ord. 3424 § 1, 2009)

38-23 R-1 Residential Single-Family District

A.    Description. The R-1 Residential Single-Family District is intended to provide opportunities for single-family detached homes in neighborhoods at densities ranging from less than two dwelling units per acre to eight units per acre. A second number, “-5,” “-6,” etc., indicates the minimum lot area and dimensions and the property development standards that apply. Supporting recreational, religious, educational and community facilities also are allowed.

B.    Land Use Regulations. In the following schedule, the letter “P” designates use classifications permitted in the R-1 District, and the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” column includes certain limitations on allowable uses and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

 

R-1 DISTRICT LAND USE REGULATIONS 

 

 

Additional Regulations

 

Residential Uses

 

 

 

 

 

Single-family Residential

P

 

With more than one kitchen

U

 

With boarders or lodgers

P

Rooms shall not contain kitchen facilities.

Day Care, Ltd.

P

 

Guest House

U

Prohibited on lots less than 8,000 square feet in size. See Section 38-26 R (Ord. 3246 § 1, 1999)

Residential Care, Ltd.

P

 

Supportive Housing

P

 

Transitional Housing

P

 

Accessory Dwelling Units, Interior

P

 

 

 

 

Public and Semi-public Uses

 

 

 

 

 

Day Care, Large Family

U

See Section 38-26(J)

Park and Recreation Facilities

U

 

Public Safety Facilities

U

 

PWS Facilities

U

 

Religious Assembly

U

 

Residential Care, General

U

 

Schools, Public or Private

U

 

Utilities, Major

U

 

Utilities, Minor

P

 

 

 

 

Accessory Uses

 

 

 

 

 

Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios. Bath facilities are limited to a half bath, and a full bath is not permitted.

 

See Section 38-26(F),(G),(K),(L),(N)

 

 

 

Temporary Uses

 

Require administrative approval by the Public Works Director

 

 

 

Nonconforming Uses

 

See Article 28

 

 

 

P = Permitted U = Use Permit Required

(Ord. 3560 § 4, 2017; Ord. 3554 § 4, 2016; Ord. 3495 § 2, 2014; Ord. 3472 § 1, 2012; Ord. 3443 § 5, 2010)

C.    Minimum Lot Dimensions. For all newly created lots, the following schedule prescribes minimum lot dimensions for the R-1 District. The minimum lot size is indicated by a -40, ‑20, -15, -12, -10, -8, -6, or -5, as the case may be. This number refers to the minimum lot area required in thousands of square feet.

R-1 DISTRICT: MINIMUM LOT DIMENSIONS

 

Minimum Lot Area (sq.ft.)

Minimum Lot Width (ft.)

Minimum Lot Depth (ft.)

R-1-40

40,000(a)

125

125

R-1-20

20,000(a)

90

100

R-1-15

15,000(a)

90

100

R-1-12

12,000(a)

80

100

R-1-10

10,000

80

100

R-1-8

8,000

70

100

R-1-6

6,000

60

100

R-1-5

5,000

50

100

1.    Allowable Reduction in Minimum Lot Area. In the R-1-40, R-1-20, R-1-15, and R-1-12 Zones, the area of each lot within a tract may be reduced by 30 percent when approved by the Planning Commission, if an equivalent aggregate amount of land is dedicated for public greenbelt and recreation use within said tract, and the location of dwellings within said tract is subject to Development Review Committee approval; and further provided, that no lot may be reduced below 10,000 square feet.

Lots of record that do not meet these standards as of July 1, 1985, may be joined with adjacent lots and subdivided into parcels less than standard, if the Planning Commission first finds that the subdivision results in closer adherence to the standards of this section than by leaving the lots as separate parcels.

D.    Property Development Standards. Property development standards that apply to new construction or alterations and additions in the R-1 District are shown below.

R-1 DISTRICT: PROPERTY DEVELOPMENT STANDARDS 

1.

Minimum Yards (in feet):

 

a.

Front

15 (a)

 

b.

First-Story Side

(b)

 

c.

Corner Side

(c)

 

d.

Second-Story Side

(d)

 

e.

Second-Story Corner Side

(e)

 

f.

Rear

20 (f)

2.

Maximum Lot Coverage (Percent)

 

a.

One-story Buildings

40%

 

b.

Buildings with 2 or more stories

35%

3.

Maximum Floor Area Ratio (FAR)

40% (g)

4.

Maximum Number of Stories and Maximum Height (feet)

 

a.

Dwelling: Two (2) stories and 25 feet.

 

 

b.

Accessory Structure(s): One (1) story and 12 feet.

 

(a)    The minimum front yard setback of any garage, carport, or parking pad is 20 feet from the front property line.

(b)    A combined total of 20 percent of the lot width may be varied along the length of a structure, but not less than four (4) feet nor more than 10 feet (except on corner sides). The sum of the side yard setback on any lot shall not exceed 30 percent of the width of the lot. Combined side yard setbacks shall be measured along lines parallel to the front property line. Side yard setbacks for nonrectangular sites shall be computed using an average of the front and rear property lines.

(c)    20 percent of lot width, but not less than 10 feet, or more than 15 feet.

(d)    A combined total of 40 percent of the lot width may be varied along the length of a structure, but not less than seven (7) feet or more than 15 feet. Combined side yard setbacks shall be measured along lines parallel to the front property line. Side yard setbacks for nonrectangular sites shall be computed using an average of the front and rear property lines.

(e)    25 percent of lot width, but not less than 15 feet, or more than 20 feet.

(f)    On lots less than 100 feet in depth, the minimum rear yard setback shall be 20 percent of the lot depth, but not less than 10 feet.

(g)    Excluding up to 250 square feet of a garage that is not occupied by any appliance, equipment, mechanical system, work bench, or built-in fixture, carports, decks, uncovered patios, and landscaping areas.

5.    Off-Street Parking

a.    Number of Off-Street Parking Spaces Required:

 

1.

Lots greater than or equal to 5,000 square feet: Two (2) spaces, including one (1) covered, neither of which may be located in the front yard setback. Tandem spaces are permitted.

 

2.

Lots less than 5,000 square feet: One (1) covered space that may not be located in the front yard setback.

 

3.

Guest houses: One (1) space in a location approved by the Planning Commission but not located in the front yard setback.

b.    Parking should be kept to a minimum in front yard setbacks (Ord 3334; 01/2004)

    On lots of a size 5,000 square feet or greater and on lots with a street front footage of 50 feet or greater, parking in the front yard setback shall be limited to the driveway in front of covered parking and in front of any required open parking space.

    The driveway in the front yard setback area shall not be widened more than an additional 10 feet and shall not be closer than 3 feet to a side property line. This widened area shall be a paved surface like the existing driveway or alternative paving surfaces, which have been reviewed and approved by staff. The 3-foot area between the driveway apron and the side property line shall be landscaped and not paved.

    On all residential parcels, no more than 50 percent of the front yard shall be paved.

    Additional improved parking area may be considered by the Zoning Administrator where there is a physical hardship based on lack of on-street parking, topography, or natural features. There shall be no parking in the front yard setback on non-driveway areas.

c.    Location of Garage Door: On corner lots, a garage opening facing a street-side property line shall be set back 20 feet.

6.    Supplemental Regulations and Exceptions for Substandard Lots:

See Section 38-26: Supplemental and Regulations Applicable in R Districts and Article 17: Regulations Applying in All Districts

7.    Nonconforming Structures See Article 28.

8.    Supplemental site regulations applicable to all R districts are included in Section 38-26. These establish requirements for accessory structures, front yards, religious assembly yard requirements, exterior materials, fences and retaining walls, swimming pools and hot tubs, and manufactured homes.

9.    Supplemental regulations applicable to all zoning districts in the City are contained in Article 17, and off-street parking requirements are found in Article 18.

10.    Fences and Walls.

The maximum height of a fence or wall shall be six feet, except in required front or side yard adjoining a street of a reverse corner lot, where the maximum height shall be four feet. In addition, all fences and walls shall be subject to the driveway visibility requirement of Article 18 - Off-Street Parking and Loading Regulations. Corner lot fences or walls shall be reviewed by the Traffic Committee. On corner lots, there shall be no visual obstruction at the intersection caused by fences or walls which could constitute a traffic hazard within an area defined by a corner cut-off line between two points, each measured 30 feet horizontally along the front and side property lines from the point of intersection of said property lines at the street corner.

FENCES AND WALLS

(The diagram is illustrative)

11.    Bathrooms in habitable basements.

For habitable basements with a ceiling height of seven feet or more, only a half bath is permitted. A full bath is not permitted in a habitable basement.

12.    Variations to Setback Standards: Setbacks shall be as set forth in the Zoning Ordinance; however, the Architectural Review Committee may minimally vary any setback to achieve an improved relationship between the new construction and structures on adjacent lots and those in the immediate neighborhood, or to accommodate certain green building practices (as outlined in the Green Building incentives adopted by City Council resolution per Monterey City Code section 38-112.3(F).* No variation to the standards shall be approved until notice is given to all adjoining property owners and the property owners across the street.

*    Code reviser’s note: Ordinance No. 3490 C.S. repeals Section 38-112.3.

Variations in setback shall only be granted upon finding that the variation will not compromise privacy expectations on adjacent properties beyond those incurred by adherence to standard setbacks and that the variation is minimal and necessary to achieve conformity with one or more of the following:

a.    Adopted Neighborhood Compatibility Design Guidelines:

b.    Design considerations contained in subsection 4 of Substandard Residential Lots;

c.    Planning Commission and Architectural Review Committee adopted View Impact policies;

d.    Architectural Review Committee adopted Tree Protection Standards; and,

e.    Green Building incentives (as adopted by City Council resolution per Municipal Code section 112.3(F).*

*    Code reviser’s note: Ordinance No. 3490 C.S. repeals Section 38-112.3.

All decisions of the Architectural Review Committee that grant a setback variation shall be accompanied by specific findings that support the decision. All decisions of the Architectural Review Committee may be appealed to the Planning Commission under Monterey City Code section 28-203 et seq.

If a variation is granted by the Architectural Review Committee, it supercedes the need for a Variance. Variations to setback standards that are not reviewed by the Architectural Review Committee or do not conform with these standards shall be reviewed in accordance with the provisions of Monterey City Code section 28-156 et seq. (Ord. 3429 § 3, 2009; Ord. 3428 § 3, 2009; Ord 3414; 07/2008; Ord. 3256 § 2, 1999)

E.    Substandard Residential Lots. A substandard lot is a residential lot in a residential zone consisting of less than 5,000 square feet in total area. No dwelling units located on a substandard residential lot shall be constructed, enlarged, remodeled, or expanded unless it complies with the following development standards:

1.    Maximum Floor Area Ratio (FAR):

Lots less than 3,600 square feet:

0.35

Lots 3,600 square feet or more:

0.40

For purposes of this section, floor area includes all space within the exterior dimension of the structure, excluding the garage, up to a normal 300 square-foot one-car area on lots less than 3,600 square feet and a 500 square-foot two-car area on lots 3,600 square feet or more.

2.    Maximum Height: 25 feet

3.    Setbacks: Setbacks shall be as set forth in Sections 38-22, 38-23, 38-24, and 38-25; however, the Architectural Review Committee may vary any setback to achieve a variation between the dwelling and units on adjacent lots thereto, or to achieve the design considerations of subsection (4). No variance shall be approved until notice is given to all adjoining owners and the owner across the street.

4.    Aesthetic Design: The dwelling shall be designed to avoid having a “box like” appearance. Architectural features such as decks, bay windows, chimneys, stairways, recesses or projections shall be incorporated to avoid long, unmodulated building facades.

5.    Number of Off-Street Parking Spaces:

Lots 3,600 square feet or more:

2, including 1 covered

Lots less than 3,600 square feet:

1 covered space

No required parking space shall be located in a front yard.

F.    Repealed by Ord. 3560.

G.    Review of Plans. All applications for new construction, exterior alterations, and additions shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee. Architectural Review Committee approval shall be required for single-family residences if:

1.    The site of the residence is subject to a D1 Design Control or D2 Development Control Overlay District;

2.    The lot is less than 5,000 square feet;

3.    The building site exceeds 15 percent slope; or

4.    The proposed design fails to comply with neighborhood design guidelines or Architectural Review Committee standards. (Ord. 3560 § 5, 2017; Ord. 3424 §§ 1, 14, 2009)

38-24 R-2 Residential Low-Density Multifamily Dwelling District

A.    Description. The R-2 Residential Low-Density Multifamily Dwelling District is intended to provide opportunities for multifamily dwelling residential use, including duplexes, townhouses, apartments, or cluster housing, in neighborhoods at a maximum density of 14.5 dwelling units per acre. A second number, “-5,” “-6,” etc. indicates the minimum lot area and dimensions and the property development standards that apply. Supporting recreational, religious, educational and community facilities also are allowed.

B.    Land Use Regulations. In the following schedule, the letter “P” designates use classifications permitted in the R-2 District, and the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” column includes certain limitations on allowable uses and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

R-2 DISTRICT LAND USE REGULATIONS 

 

 

Additional Regulations

Residential Uses

 

 

Single-family Residential

P

 

With Boarders or Lodgers

P

Rooms shall not contain kitchen facilities.

Multi-family Residential

 

 

Four or more units

U

 

Three or fewer units

P

 

All other projects

U

Planning Commission approval required.

Condominium

U

 

Day Care, Ltd.

P

 

Residential Care, Ltd.

P

 

Supportive Housing -- four or more units

U

 

Transitional Housing -- four or more units

U

 

Supportive Housing -- three or fewer units

P

 

Transitional Housing -- three or fewer units

P

 

 

 

 

Commercial Uses

 

 

Horticulture, Ltd.

 

Greenhouses not to exceed 500 sq.ft.

 

 

 

Public and Semi-public Uses

 

 

Clubs and Lodges

U

 

Day Care, Large Family

U

See Section 38-26(J)

Day Care, General

U

 

Park and Recreation Facilities

U

 

Public Safety Facilities

U

 

PWS Facilities

U

 

Religious Assembly

U

 

Residential Care, General

U

 

Schools, Public or Private

U

 

Utilities, Major

U

 

Utilities, Minor

P

 

 

 

 

Accessory Uses

 

 

Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios.

 

See Section 38-26(F),(G),(K),(L),(N)

 

 

 

Temporary Uses

 

 

Commercial Filming, Ltd.

U

 

Personal Property Sales

P

 

Street Fairs

U

 

 

 

 

Nonconforming Uses

 

See Article 28

 

 

 

P = Permitted U = Use Permit Required

(Ord. 3554 § 5, 2016; Ord. 3495 § 2, 2014; Ord. 3443 § 5, 2010)

C.    Minimum Lot Dimensions. For newly created lots, the following schedule prescribes minimum lot dimensions regulations for the R-2 District. The minimum lot size is indicated by a -20, -12, -10, -6, or -5, as the case may be. This number refers to the minimum lot area required, in thousands of square feet.

R-2 DISTRICT: MINIMUM LOT DIMENSIONS

 

Minimum Lot Area (sq.ft.)

Minimum Lot Width (ft.)

Minimum Lot Depth (ft.)

R-2-20

20,000

90

100

R-2-12

12,000(a)

80

100

R-2-10

10,000

80

100

R-2-6

6,000

60

100

R-2-5

5,000

50

100

1.    In the R-2-12 District, the area of each lot within a tract may be reduced 30 percent when approved by the Planning Commission, if an equivalent aggregate amount of land is dedicated for public greenbelt and recreation use within said tract, and location of dwellings within said tract is subject to Development Review Committee approval, and further provided that no lot may reduced below 10,000 square feet.

Lots of record that do not meet these standards as of July 1, 1985, may be joined with adjacent lots and subdivided into parcels less than standard, if the Planning Commission first finds that the subdivision results in closer adherence to the standards of this section than by leaving the lots as separate parcels.

Lots may be subdivided to less than 5,000 square feet but not less than 3,500 square feet only where development is limited to one single-family residence and the creation of the substandard lot does not conflict with adopted Area Plan policies and programs. All such subdivisions are subject to discretionary review by the Planning Commission. (Ord 3276 § 1, 1999)

D.    Property Development Standards. Property development standards that apply to new construction or alterations and additions in the R-2 District are shown below.

 

R-2 DISTRICT: PROPERTY DEVELOPMENT STANDARDS 

1.

Minimum Lot Area per Dwelling Unit (sq.ft.)

3,000 (a)

2.

Minimum Lot Depth (ft.)

100

3.

Minimum Yards:

 

 

a.

Front (ft.) 20

 

b.

Side (ft.) 5(b)(d)(f)

 

c.

Corner Side (ft.) (c)

 

d.

Rear (ft.) dwellings 15 (e)(h)

4.

Yard Adjoining an R-1 District. The side yard shall be at least five feet for single story units, 10 feet for two story units, and 14 feet for units above two stories. The rear yard shall be 30 feet for units above two stories.

5.

Maximum Lot Coverage (percent)

35%

6.

Maximum Floor Area Ratio (FAR)

0.35% (g)

7.

Maximum Height (stories/ft.)

 

 

a.

Dwellings Two stories and 25 ft.

 

b.

Accessory Structures One story and 12 ft.

(a)    2,500 square feet in the R-2-5 District.

(b)    Shall be increased at the rate of two feet per story for each story over two contained in a multi-family dwelling. A multi-family dwelling, whose rear entry opens into a side yard, shall be a seven-foot minimum, and the side yard which the dwelling fronts on shall be a minimum of 15 feet.

(c)    20 percent of lot width; 10 foot minimum, 15 foot maximum.

(d)    For single-family residences, the minimum setback shall be 10 percent of lot width, but not less than four feet.

(e)    For single-family residences on less than 100 feet in depth, the minimum setback shall be 20 percent of lot depth, but not less than ten feet.

(f)    For single-family residences, the sum of the side yard widths on any lot need not exceed 30 percent of the width of the lot, but in no case shall the width of any side yard be less than 10 percent of the width of the lot, but not less than four feet.

(g)    On lots 5,000 square feet or larger, 40% FAR for secondary units that are attached to the primary unit. Ord 3266 §1, 1999

(h)    20 feet for two story structures Ord 3266 §1, 1999

8.    Open Space.

a.    Basic Requirement. Total usable open space on a site having three or more dwelling units shall be at least 350 square feet per dwelling unit. A portion or all of the usable open space shall be private; otherwise it shall be shared.

b.    Private Open Space. Private open space equal to or greater than 10 percent of the gross floor area of a dwelling unit shall be on patios or balconies immediately adjacent and accessible within which a horizontal rectangle has no dimension less than five feet.

c.    Shared Open Space. Shared open space, provided by interior side yards, patios and terraces, shall be designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways or parking areas, or area required for front or corner yards.

9.    Off-Street Parking

a.    Number of Off-Street Parking Spaces Required:

1)

Single-Family Dwelling:

2, including 1 covered (both behind front yard setback)

2)

Guest House 1 (behind front yard

 

3)

Rental Multifamily Dwelling:

 

 

Studios:

1.2, including 1 covered

 

One Bedroom Units:

1.5, including 1 covered

 

Two Bedroom Units:

2, including 1 covered

 

Three or more Bedroom Units:

2.5, including 1 covered

 

Building with 25 units or more:

2 per unit

4)

Condominium Multifamily Dwelling:

 

 

Studio, One-Bedroom or Two-Bedroom Units:

2, including 1 covered

 

Three Bedroom units:

3, including 1 covered

5)

Elderly housing:

0.5 per unit

b.    Location of Garage Door. On corner lots, a garage opening facing a street side property line shall be set back 20 feet.

10.    Planting Areas.

a.    Yards Adjoining Streets. All visible portions of a required yard adjoining a street that are not used for driveways or walks shall be planting area.

b.    Adjoining an R-1 District. A continuous planting area having a minimum width of five feet shall adjoin an R-1 district.

11.    Fences and Walls.

The maximum height of a fence or wall shall be six feet, except in required front or side yard adjoining a street of a reverse corner lot, where the maximum height shall be four feet. In addition, all fences and walls shall be subject to the driveway visibility requirement of Article 18 - Off-street Parking and Loading Regulations. Corner lot fences or walls shall be reviewed by the Traffic Committee. On corner lots, there shall be no visual obstruction at the intersection caused by fences or walls which could constitute a traffic hazard within an area defined by a corner cut-off line between two points, each measured 30 feet horizontally along the front and side property lines from the point of intersection of said property lines at the street corner.

FENCES AND WALLS

(The diagram is illustrative)

12.    Supplemental site regulations applicable to all R districts are included in Section 38-26. these establish requirements for accessory structures, front yards, religious assembly yard requirements, exterior materials, fences and retaining walls, swimming pools and hot tubs, and manufactured homes.

13.    Supplemental regulations applicable to all zoning districts in the City are contained in Article 17, and off-street parking requirements are in Article 18.

14.    Prohibition of Bathrooms. Bathroom facilities are not permitted as part of any laundry room, storage room, or service room.

15.    Variations to Setback Standards: Setbacks shall be as set forth in the Zoning Ordinance; however, the Architectural Review Committee may minimally vary any setback to achieve an improved relationship between the new construction and structures on adjacent lots and those in the immediate neighborhood, or to accommodate certain green building practices (as outlined in the Green Building incentives adopted by City Council resolution per Monterey City Code section 38-112.3(F).* No variation to the standards shall be approved until notice is given to all adjoining property owners and the property owners across the street.

*    Code reviser’s note: Ordinance No. 3490 C.S. repeals Section 38-112.3.

Variations in setback shall only be granted upon finding that the variation will not compromise privacy expectations on adjacent properties beyond those incurred by adherence to standard setbacks and that the variation is minimal and necessary to achieve conformity with one or more of the following:

a.    Adopted Neighborhood Compatibility Design Guidelines:

b.    Design considerations contained in subsection 4 of Substandard Residential Lots;

c.    Planning Commission and Architectural Review Committee adopted View Impact policies;

d.    Architectural Review Committee adopted Tree Protection Standards; and,

e.    Green Building incentives (as adopted by City Council resolution per Municipal Code section 112.3(F)).*

*    Code reviser’s note: Ordinance No. 3490 C.S. repeals Section 38-112.3.

All decisions of the Architectural Review Committee that grant a setback variation shall be accompanied by specific findings that support the decision. All decisions of the Architectural Review Committee may be appealed to the Planning Commission under Monterey City Code section 28-203 et seq.

If a variation is granted by the Architectural Review Committee, it supersedes the need for a Variance. Variations to setback standards that are not reviewed by the Architectural Review Committee or do not conform with these standards shall be reviewed in accordance with the provisions of Monterey City Code section 28-156 et seq. (Ord. 3256 § 3, 1999) (Ord 3414, 07/2008)

E.    Review of Plans. All applications for new construction or exterior alterations and additions shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee. Architectural Review Committee approval shall be required for single-family residences if:

1.    The site of the residence is subject to a D1 Design Control or D2 Development Control Overlay District;

2.    The lot is less than 5,000 square feet;

3.    The building site exceeds 15 percent slope; or

4.    The proposed design fails to comply with neighborhood design guidelines or Architectural Review Committee standards.

F.    Development Standards for R-2 Lots Less than 5,000 Square Feet. The following special development standards shall apply to all R-2 lots less than 5,000 square feet.

1.    For lots 4,999 square feet or less, a maximum of one dwelling unit is allowed.

2.    The permitted floor area, measured to exterior dimensions of all dwellings on a parcel of land, shall not exceed 35% of the total lot area for lots under 3,600 square feet, and 40% for lots greater than or equal to 3,600 square feet. For purposes of this section, floor area includes all space within the exterior dimensions of the structure. (Ord. 3424 §§ 1, 14, 2009)

38-25 R-3 Residential Medium Density Multifamily Dwelling District

A.    Description. The R-3 Residential Medium Density Multifamily Dwelling District is intended to provide opportunities for garden apartments, townhouses, and cluster housing in neighborhoods at densities up to 30 units per acre. A second number “-5,” “-6,” etc. indicates the minimum lot area and dimensions and the property development standards that apply. Supporting recreational, religious, educational and community facilities also are allowed.

B.    Land Use Regulations. In the following schedule, the letter “P” designates use classifications permitted in the R-3 District, and the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” includes certain limitations on allowable uses and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

1    Use Permit for Recreation Rooms. Any recreation room in an apartment zone shall require a Use Permit. If the recreation room is not directly adjacent to a swimming pool, any bathroom facilities shall be limited to a half bath.

2.    Use Permit for Storeroom, Large. Any storeroom exceeding 220 square feet in an apartment zone shall require a Use Permit.

R-3 DISTRICT LAND USE REGULATIONS 

 

 

Additional Regulations

 

Residential Uses

 

 

Multi-family Residential

 

 

Four or more units

U

 

Three or fewer units

P

 

All other projects

U

Planning Commission approval required.

Condominium

U

 

Day Care, Ltd.

P

 

Group Residential

P

 

Residential Care, Ltd.

P

 

Single-family Residential

P

 

With Boarders or Lodgers

P

Rooms shall not contain kitchen facilities.

Condominiums

U

 

Supportive Housing -- four or more units

U

 

Transitional Housing -- four or more units

U

 

Supportive Housing -- three or fewer units

P

 

Transitional Housing -- three or fewer units

P

 

Accessory Dwelling Units, Other

P

 

 

 

 

Public and Semi-public Uses

 

 

Clubs and Lodges

U

 

Cultural Institutions

U

 

Day Care, Large Family

U

See Section 38-26(J)

Day Care, General

U

 

Park and Recreation Facilities

U

 

Public Safety Facilities

U

 

PWS Facilities

U

 

Religious Assembly

U

 

Residential Care, General

U

 

Schools, Public or Private

U

 

Utilities, Major

U

 

Utilities, Minor

P

 

 

 

 

Accessory Uses

 

 

Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios.

 

See Section 38-26(F),(G),(K),(L),(N)

 

 

 

Temporary Uses

 

 

Commercial Filming, Ltd.

U

 

Personal Property Sales

P

 

Street Fairs

U

 

 

 

 

Nonconforming Uses

 

See Article 28

 

 

 

P = Permitted U = Use Permit Required

(Ord. 3560 § 6, 2017; Ord. 3554 § 6, 2016; Ord. 3495 § 2, 2014; Ord. 3443 § 5, 2010)

C.    Minimum Lot Dimensions. For all newly created lots, the following schedule prescribes minimum lot dimensions for the R-3 District. The minimum lot size is indicated by a 20, 15, -10, -8, -6, or 5, as the case may be. This number refers to the minimum lot area required in thousands of square feet.

 

R-3 DISTRICT: MINIMUM LOT DIMENSIONS

 

Minimum Lot Area (sq.ft.)

Minimum Lot Width (ft.)

Minimum Lot Depth (ft.)

R-3-20

20,000

90

100

R-3-15

15,000

90

100

R-3-10

10,000

80

100

R-3-8

8,000

70

100

R-3-6

6,000

60

100

R-3-5

5,000

50

100

Lots of record that do not meet these standards as of July 1, 1985, may be joined with adjacent lots and subdivided into parcels less than standard, if the Planning Commission first finds that the subdivision results in closer adherence to the standards of this section by leaving the lots as separate parcels.

Lots may be subdivided to less than 5,000 square feet but not less than 3,500 square feet only where development is limited to one single-family residence and the creation of the substandard lot does not conflict with adopted Area Plan policies and programs. All such subdivisions are subject to discretionary review by the Planning Commission. Ord 3276, §1, 1999

D.    Property Development Standards. Property development standards that apply to new construction, alterations and additions in the R-3 District are shown below.

R-3 DISTRICT: PROPERTY DEVELOPMENT STANDARDS 

1.

Minimum Yards:

 

a.

Front (ft.) 20

 

b.

Side (ft.) 5(a)(g)(i)

 

c.

Corner Side (ft.) -(b)

 

d.

Rear (ft.) 15(h)(m)

2.

Yards Adjoining an R-1 District. The side yard shall be at least five feet for single story units, 10 feet for two story units, and 14 feet for units above two stories. The rear yard shall be 30 feet for units above two stories.

3.

Maximum Lot Coverage (%) 40(c)

4.

Maximum Floor Area Ratio 0.35% (d)(e)(f)(j)(k)(l)

5.

Maximum Height (stories/ft.) (Ord 3326; 06/2003):

 

a.

Dwelling Two Stories and 25 feet.

 

b.

b. Accessory Structures One story and 12 feet.

(a)    Shall be increased at the rate of two feet per story for each story over two contained in a multi- family dwelling. A multi-family dwelling, whose rear entry opens into a side yard

shall be a seven-foot minimum and the side yard which the dwelling fronts on shall be a minimum of 15 feet.

(b)    20 percent of lot width; 10-foot minimum, 15-foot maximum. On corner lots, attached or detached garages opening onto the side street shall be at least 30 feet from the side property line.

(c)    35%, except that lots greater than 5,000 square feet are allowed an additional 1% per 1,000 square feet of additional lot coverage, up to a maximum of 40%. Uncovered decks and stairways shall not be counted in lot coverage.

(d)    The gross floor area of the building(s) on a lot divided by the area of the lot, excluding all parking, decks, uncovered patios, and landscaped area.

(e)    No more than 50% of the dwelling units on any parcel may consist of apartments less than or equal to 500 square feet in area. Except for mixed use and senior citizen apartment developments, at least one third of any apartment development of three or more units shall consist of two or more bedrooms.

(f)    The permitted floor area of one single-family dwelling on a lot, measured to exterior dimensions, may be increased to a maximum of 40% of total lot area; provided, that all provisions of the R-1 zone concerning floor area ratio, setbacks and lot coverage are met. For parcels under 3,600 square feet, the permitted floor area shall not exceed 35%.

(g)    For single-family residences, the minimum setback shall be 10 percent of lot width, but not less than four feet.

(h)    For single-family residences on less than 100 feet in depth, the minimum setback shall be 20 percent of lot depth, but no less than 10 feet.

(i)    For single-family residences, the sum of the side yard widths on any lot need not exceed 30 percent of the width of the lot, but in no case shall the width of any side yard be less than 10 percent of the width of the lot, but no less than four feet.

(j)    For purposes of this section, floor area excludes the garage, up to a normal 500 square foot two car area or carport, decks, uncovered patio, and landscaping areas.

(k)    Repealed by Ord. 3560.

(l)    Repealed by Ord. 3560.

(m)    20 feet for two-story multifamily structures. Single-family two-story structures shall conform to the R-1 zone setbacks including reduced setback permitted on parcels less than 100 feet in depth.

6.    Off-Street Parking

a.    Number of Off-Street Parking Spaces Required.

1).

Single-Family Dwelling:

2, including 1 covered (both behind front yard setback)

2).

Guest House:

1(behind front yard setback)

3)

Rental Multifamily Dwelling:

 

 

Studios:

1.2, including 1 covered

 

One Bedroom Units:

1.5, including 1 covered

 

Two Bedroom Units:

2, including 1 covered

 

Three or more Bedroom Units:

2.5, including 1 covered

 

Building with 25 units or more

2 per unit

4)

Condominium Multifamily Dwelling:

 

 

Studio, One-Bedroom or Two-Bedroom Units:

2, including 1 covered

 

Three Bedroom Units:

3, including 1 covered.

5)

Elderly housing 0.5 per unit

 

b.    Location of Garage Door. On corner lots, a garage opening facing a street side property line shall be set back 20 feet.

c.    Driveways. Driveways shall not occupy more than 40% of the street frontage of any lot abutting a public street. On a corner lot, combined coverage shall not exceed 25% of total street frontage abutting said public street.

7.    Open Space.

a.    Basic Requirement. Total usable open space on a site having three or more dwelling units shall be at least 350 square feet per dwelling unit. A portion or all of the usable open space shall be private; otherwise it shall be shared.

b.    Private Open Space. Private open space equal to or greater than 10 percent of the gross floor area of a dwelling unit shall be on patios or balconies immediately adjacent and accessible within which a horizontal rectangle has no dimension less than five feet.

c.    Shared Open Space. Shared open space, provided by interior side yards, patios and terraces, shall be designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways or parking areas. Shared open space does not include land within the front yard setback, when landscaping or other physical barriers preclude use of this area for active recreational space. One-third of the required open space must be exclusive of any setbacks required.

d.    Permeable Open Space. A significant portion of the site shall be developed with a permeable surface to allow groundwater to recharge wherever possible, with the amount and type to be approved by the Architectural Review Committee.

USABLE OPEN SPACE

(The diagram is illustrative.)

8.    Planting Areas.

a.    Yards Adjoining Streets. All visible portions of a required yard adjoining a street that are not used for driveways or walks shall be planting area.

b.    Adjoining an R-1 District. A continuous planting area having a minimum width of five feet shall adjoin an R-1 District

9.    Fences and Walls. The maximum height of a fence or wall shall be six feet, except in required front or side yard adjoining a street of a reverse corner lot, where the maximum height shall be four feet. In addition, all fences and walls shall be subject to the driveway visibility requirement of Article 18 - Off-street Parking and Loading Regulations. Corner lot fences or walls shall be reviewed by the Traffic Committee. On corner lots, there shall be no visual obstruction at the intersection caused by fences or walls, which could constitute a traffic hazard within an area defined by a corner cut-off line between two points, each measured 30 feet horizontally along the front and side property lines from the point of intersection of said property lines at the street corner.

FENCES AND WALLS

(The diagram is illustrative)

10.    Laundry Facilities Adequate laundry facilities shall be provided for all multiple-unit projects with at least one washing machine and one dryer per each five dwelling units.

11.    Storage Area Each unit shall be provided a separate storage area consisting of at least 100 cubic feet and having a minimum horizontal surface of 25 square feet.

12.    Supplemental site regulations applicable to all R districts are included in Section 38-26. These establish requirements for accessory structures, front yards, religious assembly yard requirements, exterior materials, fences and retaining walls, swimming pools and hot tubs, and manufactured homes.

13.    Supplemental regulations applicable to all zoning districts in the City are contained in Article 17, and off-street parking requirements are in Article 18.

14.    Non-conforming structures: See Article 28.

15.    Prohibition of bathroom. Bathroom facilities are not permitted as part of any laundry room, storage room, or service room.

16.    Variations to Setback Standards: Setbacks shall be as set forth in the Zoning Ordinance; however, the Architectural Review Committee may minimally vary any setback to achieve an improved relationship between the new construction and structures on adjacent lots and those in the immediate neighborhood, or to accommodate certain green building practices (as outlined in the Green Building incentives adopted by City Council resolution per Monterey City Code section 38-112.3(F).* No variation to the standards shall be approved until notice is given to all adjoining property owners and the property owners across the street.

*    Code reviser’s note: Ordinance No. 3490 C.S. repeals Section 38-112.3.

Variations in setback shall only be granted upon finding that the variation will not compromise privacy expectations on adjacent properties beyond those incurred by adherence to standard setbacks and that the variation is minimal and necessary to achieve conformity with one or more of the following:

a.    Adopted Neighborhood Compatibility Design Guidelines:

b.    Design considerations contained in subsection 4 of Substandard Residential Lots;

c.    Planning Commission and Architectural Review Committee adopted View Impact policies;

d.    Architectural Review Committee adopted Tree Protection Standards; and,

e.    Green Building incentives (as adopted by City Council resolution per Municipal Code section 112.3(F)).*

*    Code reviser’s note: Ordinance No. 3490 C.S. repeals Section 38-112.3.

All decisions of the Architectural Review Committee that grant a setback variation shall be accompanied by specific findings that support the decision. All decisions of the Architectural Review Committee may be appealed to the Planning Commission under Monterey City Code section 28-203 et seq.

If a variation is granted by the Architectural Review Committee, it supersedes the need for a Variance. Variations to setback standards that are not reviewed by the Architectural Review Committee or do not conform with these standards shall be reviewed in accordance with the provisions of Monterey City Code section 28-156 et seq. (Ord. 3560 § 7, 2017; Ord. 3414, 07/2008; Ord. 3256 § 4, 1999)

E.    Development Standards for R-3 Lots Less than 5,000 Square Feet. The following special development standards shall apply to all R-3 lots less than 5,000 square feet.

1.    For lots 4,999 square feet or less, a maximum of one dwelling unit is allowed.

2.    The permitted floor area, measured to exterior dimensions of all dwellings on a parcel of land, shall not exceed 35% of the total lot area for lots under 3,600 square feet, and 40% for lots greater than or equal to 3,600 square feet. For purposes of this section, floor area includes all space within the exterior dimensions of the structure.

F.    Review of Plans. All applications for new construction or exterior alterations and additions shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee. Architectural Review Committee approval shall be required for single-family residences if:

1.    The site of the residence is subject to D1 Design Control or D2 Development Control Overlay District;

2.    The lot is less than 5,000 square feet;

3.    The building site exceeds 15 percent slope; or

4.    The proposed design fails to comply with neighborhood design guidelines or Architectural Review Committee standards. (Ord. 3424 §§ 1, 14, 2009)

38-26 Supplemental Regulations Applicable in R Districts

This section establishes regulations for:

-    Accessory structures

-    Front yards in developed areas

-    Religious assembly yard requirements

-    Exterior materials

-    Fences and retaining walls

-    Swimming pools and hot tubs

-    Home occupations

-    Manufactured homes

-    Low and moderate income housing

-    Large-family day care homes

-    Animals

-    Vehicle parking

-    Residential condominium development standards

-    Condominium Conversions

-    Short-term Residential Rentals

-    Maintaining mail address

-    Special setbacks on Tract Maps

A.    Accessory Structures. Accessory structures shall not occupy a required front or corner side yard. Detached accessory structures shall be located at least ten feet from a main structure and shall be set back at least five feet from interior side and rear property lines. The minimum distance between accessory structures shall be six feet. Attached accessory structures shall comply with all setback requirements of the main building, with the exception of attached garages, which may project into the required rear yard to within five feet of the rear property line. Garages facing an alley shall be set back 15 feet from the alley’s center line. When located in the rear yard of a reverse corner lot, an accessory structure shall not be located forward of the front setback line of the adjacent lot. Accessory structures more than four feet in height shall not exceed 30% of the required rear yard. Any occupied accessory structure shall comply in all respects with the requirements of this chapter to the main structure. Construction trailers may be placed on site at the time site clearance and grading begins and may remain on the site only for the duration of construction. Construction trailers shall not be occupied unless approved by the Planning Commission.

B.    Front Yards in Developed Areas. Where lots comprising 50 percent of the frontage on a blockface in an R district are improved with buildings, the required front yard shall be the average of the front yard depths for structures other than garages or carports on each developed site in the same district on the blockface. In computing the average, the actual depth shall be used up to a maximum depth 10 feet greater than the normally required front yard for any site having a yard depth exceeding the minimum requirement.

C.    Religious Assembly Yard Requirements. Yard requirements shall be as specified by a use permit, provided that the minimum interior side yard shall be 15 feet, and the minimum rear yard shall be 25 feet. Yards adjoining street property lines shall not be less than required for a permitted use.

D.    Exterior Materials. In all R districts, the exterior walls of all structures, other than accessory structures, shall have a nonmetallic finish.

E.    Fences and Retaining Walls. The combined height of a retaining wall and a separate fence on a property line shall not exceed eight feet unless the fence is set back from the retaining wall a minimum of half the distance of the required setback but no more than five feet. In no case may a fence exceed six feet in height. If a fence is on one property and the retaining wall on the abutting property, the maximum fence height is six feet regardless of the retaining wall height. Any retaining wall over six feet in height located in a required yard shall require a Use Permit.

F.    Swimming Pools and Hot Tubs. No swimming pool or hot tub shall be allowed in any “R” zone, except as an accessory use and unless it complies with the following requirements:

1.    The swimming pool or hot tub is intended to be used solely for the enjoyment of the occupants and guests of the principal use of the property.

2.    No swimming pool shall be placed in any required front yard or closer than ten feet from any property line; no hot tub shall be placed in any required front yard or closer than five feet from any property line.

3.    Any yard containing a swimming pool or hot tub shall be screened by non-climbable masonry wall or fence not less than five feet in height to prevent uncontrolled access by children from the street or adjacent properties.

G.    Home Occupations.

1.    Purpose. A home occupation is a business activity conducted in a residential unit that is clearly subordinate and secondary to the primary residential use of the unit. The purpose of the home occupation provision is to allow for minor business activities in residences in such a manner as to be compatible with their neighborhood.

2.    Procedure. The procedure for processing of home occupations shall include:

a.    Application by the property owner or agent of the owner to the Department of Plans and Public Works on a form prescribed for that purpose by the City of Monterey that includes submittal requirements developed, maintained, and adopted by the Department of Plans and Public Works and made available to the public at City Hall.

b.    Payment of a filing fee as established by resolution of the City Council.

c.    Review by the Department of Plans and Public Works to determine if the application is complete and appropriate. If deemed incomplete, the Department of Plans and Public Works shall notify the applicant what additional information is required.

d.    A decision by the Department of Plans and Public Works to approve, approve with conditions, or deny the application within 14 days of the application being deemed complete.

e.    The Department of Plans and Public Works will mail notice to adjacent property owners and tenants indicating the action taken and providing 10 days from the date the notice was mailed for filing an appeal of the decision.

f.    The decision may be appealed to the Planning Commission. The notice of appeal shall be in writing and shall be filed in the Department of Plans and Public Works on forms provided by the City.

3.    Restrictions. The following restrictions shall apply to the conduct of any home occupation unless specific modifications are made at the time approval is granted. Such modifications shall be made only on the basis of unusual or special circumstances associated with the intended use.

a.    No person other than a resident of the dwelling unit shall be engaged or employed in the home occupation and the number of residents employed in the home occupation shall not exceed two.

b.    A home occupation shall not create significant additional vehicular or pedestrian traffic to the residence.

c.    No sign for the home occupation shall be displayed on the house or property.

d.    No advertisement shall be placed in any media (newspaper, magazine, telephone directory, radio, television) containing the address of the property.

e.    There shall be no visible storage or display of materials or products.

f.    There shall be no exterior evidence of the conduct of a home occupation. A home occupation shall be conducted only within the dwelling unit or any accessory structure. Home occupations shall not be permitted out of doors on the property.

g.    The conduct of any home occupation shall not reduce or render unusable areas provided for the required off-street parking for the residents nor prevent the number of cars intended to be parked in the garage from being parked.

h.    There shall be no process used in the home occupation which is hazardous to public health, safety, or welfare. No toxic, explosive, radioactive, or other restrictive materials not normally used in a single-family dwelling shall be used or stored on the site.

i.    There shall be no significant increase in use of utilities such as water, sewer, gas, and electricity beyond that normal to the use of the property for residential purposes.

j.    If at any time the home occupation becomes a nuisance to the neighborhood or the City of Monterey, the permit shall be reopened for review and possible revocation pursuant to Section 38-219.

k.    The property owner must agree in writing to all proposed uses, if the applicant is a renter and not a property owner. (Ord. 3429 § 3, 2009)

H.    Manufactured Homes. It is the intent of the City to provide opportunities for the placement of manufactured homes in R districts, consistent with state law, and to ensure that such manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.

1.    General Requirements. Manufactured homes may be used for residential purposes if such manufactured homes have been granted a Certificate of Compatibility. Manufactured homes also may be used for temporary uses, subject to the requirements of a temporary use permit.

2.    Requirements for Certificates of Compatibility. A manufactured home may be located in any R district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development regulations, provided that such manufactured home receives a Certificate of Compatibility. The Public Works Director shall issue this certificate if the manufactured home meets the design and location criteria of this section. (Ord. 3472 § 1, 2012)

The certificate shall be valid for two years and may be renewed for subsequent periods of two years if the location and design criteria of this section are met. More specifically, the location and design of manufactured homes shall comply with the following criteria in order to protect neighborhood integrity, provide for harmonious relationship between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on residential lots.

3.    Location Criteria. Manufactured homes shall not be allowed on lots with an average slope of more than 10 percent, or on any portion of a lot where the slope exceeds 15 percent.

4.    Design Criteria. Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

a.    Each manufactured home must be at least 16 feet wide;

b.    It must be built on a permanent foundation approved by the Chief of Inspection Services/Building Official;

c.    It must have been constructed after June 15, 1976, and must be certified under the National Manufactured Home Construction and Safety Act of 1974;

d.    The unit’s skirting must extend to the finished grade;

e.    Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited;

f.    The roof must have a pitch of not fewer than three inches vertical rise per 12 inches horizontal distance;

g.    The roof must be of concrete or asphalt tile, shakes or shingles complying with the Monterey Building Code;

h.    The roof must have eaves or overhangs of not less than one foot;

i.    The floor must be no higher than 20 inches above the exterior finished grade; and

j.    Required covered parking shall be compatible with the manufactured home design and with other buildings in the area.

5.    Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of the home with the State of California shall be cancelled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured home, the owner shall provide to the Chief of Inspection Services/Building Official satisfactory evidence showing that the state registration of the manufactured home has been or will, with certainty, be cancelled. If the manufactured home is new and has never been registered with the state, the owner shall provide the Chief of Inspection Services/Building Official with a statement to that effect from the dealer selling the home.

I.    Repealed by Ord. 3554.

J.    Large-Family Day Care Homes. The following supplemental regulations shall apply to the operation of large-family day care homes.

1.    Purpose. The intent of these regulations is to prescribe reasonable standards for large-family day care homes in the City of Monterey.

2.    Use Permit Required. A use permit, issued by the Planning Commission, shall be required to operate a large-family day care home. The permit shall expire three years after the date of issuance or if the care giver’s State license to operate a family day care home expires or is revoked. The procedure for renewal is the same as that for the initial application.

3.    Findings Required. The Planning Commission shall issue a use permit for a Large-Family Day Care Home after a duly noticed public hearing only when all of the following findings can be made, in addition to the findings required by Article 21.

a.    The proposal adheres to all State of California Department of Social Services requirements for large-family day care centers;

b.    The City Fire Department and City Building Safety & Inspections Division approve use of the residential structure as a large-family day care home; and

c.    The primary use of the structure will continue to be a residence.

4.    Standards. All large-family day care homes shall comply with all applicable state requirements for family day care homes, in addition, and with the following standards.

a.    Minimum Lot Area. 10,000 square feet.

b.    Outdoor Play Areas. Adequate outdoor play areas shall be provided at all large-family day care homes.

(1)    All outdoor play areas shall be enclosed by a natural barrier, wall, fence, or other solid structure at least six feet in height.

(2)    All outdoor play areas shall be adequately separated from driveways, streets, and parking areas.

c.    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.

(1)    In addition to the off-street parking spaces required for the residence, one additional off-street parking space shall be provided for each employee on a site specific basis as required by the use permit.

(2)    Adequate space shall be available for the safe pick up and delivery of children to the day care home. This space shall be off-street, and can be in the driveway or off-street parking area, as prescribed on a site specific basis by the use permit.

(3)    No large-family day care facility shall generate excessive traffic on local residential streets.

K.    Animals. Animals may be kept as accessory uses, subject to the following standards:

1.    Aviary for not to exceed 25 birds, subject to standards of this chapter related to accessory buildings.

2.    Raising four or less chickens, rabbits, or other similar fowl or small animals is permitted as an accessory use. A Use Permit shall be required for raising five not to exceed a total of ten small animals, and such fowl or animals shall be kept at least 40 feet from a dwelling on the property, 100 feet from other places used for human habitation, public parks or schools, and 100 feet from the property line.

3.    The keeping of animals ordinarily referred to as household pets, but not including a sufficient number to constitute a kennel, as defined in this chapter, unless a Pet Permit is first obtained in accordance with the following provisions:

a.    Any person residing in any residential zone may apply for permission to possess four or more dogs and/or cats upon their premises. A Pet Permit may be issued by the Public Works Director after a Notice of Public Hearing is provided for in this chapter, and only if all of the following findings can be made:

1)    The lot is adequate in size and shape to support the number and type of pets proposed;

2)    Any nondwelling structure erected to house four or more pets complies with requirements for accessory buildings, pursuant to this chapter;

3)    The maintaining of the pets on the premises will not result in a nuisance or disturbance to the neighborhood;

4)    Adequate provisions for housing and maintaining the pets have been demonstrated, including collection and disposal of animal wastes; and

5)    If more than three dogs are to be maintained on the premises, adequate measures have been taken to prevent excessive noise from barking to occur. (Ord. 3472 § 1, 2012)

4.    Any Pet Permit issued shall be for a period of not more than one year and shall be subject to reopening at any time to address any pet-related complaint. Such permits may be renewed by staff, if Notice of Renewal is provided the immediate neighbors and no complaints have been received. Should it be found that a nuisance or valid problem regarding the increased number of pets exists, the Pet Permit shall be modified or revoked or not renewed, and the applicant shall immediately reduce the number of dogs and/or cats to less than four in accordance with the provisions of the Zoning Ordinance.

5.    Any decision regarding Pet Permits shall be appealable in accordance with the provisions of this chapter.

L.    Vehicle Parking.

1.    Commercial Vehicle Parking. Not more than one commercial vehicle, as defined in the State Vehicle Code, may be parked on or adjoining any one lot. A commercial vehicle over 22 feet in length and/or over 7-1/2 feet in height and/or having a bed width of 7 feet or greater, shall be kept behind the required setback line. No commercial vehicle with a gross vehicle weight of 20,000 pounds or greater shall be parked or stored on or adjoining any one lot.

2.    Inoperable motor vehicles or motor vehicles without current and valid registration, parked or stored on private residential property, shall be located inside a garage, carport, or other enclosed structure. Such a motor vehicle may be parked or stored outside an enclosed structure only behind the front yard setback and shall be screened from the street.

3.    Recreational Vehicle/Trailer Parking. No recreational vehicle or trailer parked on private property shall be used for habitation including sleeping, living, cooking, or dining.

M.    Residential Condominium and Condominium Conversion Development Standards. The following supplemental regulations shall apply to the conversion of existing rental housing to condominiums and the construction of new condominiums:

1.    Purpose. The intent of these regulations is to:

a.    Prescribe reasonable standards for new condominiums in the City of Monterey.

b.    Ensure a reasonable mix of affordable housing units within the City.

c.    Encourage ownership housing in conformity with the Housing Element of the General Plan.

d.    Ensure that existing multiple family units being converted into condominiums, planned unit developments, community apartments, cooperative apartments, stock cooperatives, or into any other form of individual ownership of what had previously been multiple family rental units meet the standards required by the Monterey Zoning Ordinance, Subdivision Ordinance, and building codes, as provided below.

e.    Encourage full disclosure of all information affecting condition of property.

f.    Ensure maximum ownership opportunities for existing tenants.

g.    Encourage fair and equitable treatment for tenants displaced as a result of such conversions.

h.    Provide assistance for elderly and special needs households that have occupied a unit for a long period of time in the event of a conversion.

2.    Permits Required. A Use Permit and Subdivision Map approval shall be required for all condominium and condominium conversion projects.

3.    Land Use and Development Standards. Condominium projects and new construction associated with condominium conversion projects shall be subject to development standards of the underlying zoning district unless otherwise specified below.

a.    Safety Lighting. Safety Lighting shall be provided on private vehicle access ways, bikeways, pedestrian walkway facilities, and along abutting public streets as required by the City. Mounting height, power and spacing shall be sufficient to avoid dark pockets. Lights shall utilize “vandal proof” enclosures and shall be screened to protect dwelling units from glare. The design, location, and height of all safety lighting on private property shall be subject to design review and approval by the Architectural Review Committee. Street lighting on public streets shall be subject to final approval of the Department of Plans and Public Works.

b.    Boat, Trailer, Recreational Vehicle Storage. Boat, trailer or recreational vehicle storage shall not be allowed on site unless a separate, screened storage area is provided. This storage area shall not occupy a required parking space or required Open Space.

c.    Utilities.

(1)    Unless an exception is granted per Section 33-9(K) of the Subdivision Ordinance, each utility that is controlled by and consumed within the individual unit shall be separately metered in such a way that the unit owner can be separately billed for its use. A shutoff valve for each utility shall be provided for each unit.

(2)    All utilities, including cable television, shall be placed underground both on-site and off-site. Individual television and radio antennas shall be prohibited.

d.    Parking. Condominium and condominium conversion projects shall comply with parking standards set forth in Section 38-115 (Off-Street Parking and Loading Spaces Required). A portion of the required parking, as determined by the Planning Commission on a case-by-case basis, shall be set aside for visitor parking and shall be uniformly distributed throughout the development.

e.    Open space, landscaping and laundry facilities shall be required per Section 38-25(D)(7) through (10). A reduced amount of open space may be allowed for condominium conversion projects if the total existing square footage of open space is less than the zoning standards and the conversion project does not result in a net loss. Open space may be transferred from Shared Open Space to Private Open Space as defined in the Zoning Ordinance. Existing Private Open Space in any Unit shall not be reduced. Any new units constructed on the site shall meet the open space standards of the underlying zone. Bicycle storage and recreation or common rooms may be counted as open space.

f.    Private Storage. Each unit within the project shall have at least 300 cubic feet of enclosed, weatherproofed, and lockable storage space at a single location. Such space shall be for the sole use of the unit owner and shall have a minimum horizontal surface area of 25 square feet and all interior dimensions shall be a minimum of four feet. Such storage space may be provided in any location approved by the Planning Commission, but it is the intent of this standard to require space over and above that normally associated with the unit, such as clothes, linen, or guest closets or food pantries.

g.    Bicycle Parking. Secure bicycle parking or bicycle lockers are encouraged and may count towards meeting Open Space requirements.

h.    Tot Lots. Tot lots are encouraged in projects with units with two or more bedrooms unless the project is limited to senior housing. (Ord. 3436 § 2, 2009)

N.    Standards for Condominium Conversions: The following regulations shall apply to the conversion of existing rental housing to condominiums:

1.    Purpose: The purpose of these condominium conversion provisions include, but are not limited to:

a.    To ensure a reasonable mix of affordable housing units within the City.

b.    To encourage ownership housing in conformity with the Housing Element of the General Plan.

c.    To ensure that existing multiple family units being converted into condominiums, planned developments, community apartments, cooperative apartments, stock cooperatives, or into any other form of individual ownership of what had previously been multiple family rental units meet the standards required by this resolution, the Zoning Ordinance, the Subdivision Ordinance, and building codes adopted by the City.

d.    To protect actual and prospective owners of such units against the unknowing purchase of units violating City codes and standards.

e.    To ensure maximum ownership opportunities for existing tenants.

f.    To ensure fair and equitable treatment for tenants displaced as a result of such conversions.

g.    To provide assistance for elderly households that have occupied a unit for a long period of time in the event of a conversion.

2.    Land Use Requirements.

a.    Permits required. A use permit and subdivision map shall be required for approval of a condominium conversion. A vacancy determination conforming to the Housing Element shall be required prior to approval of a condominium conversion.

b.    Density. No additional units shall be added of the project exceeds the density allowed by the underlying zone.

c.    Site Development Standards. Any new construction shall comply with the coverage, floor area ratio, height, yard, setback, and other development standards of the underlying zone. Existing physical improvements which do not meet the site development standards of the underlying zone may be retained.

d.    Parking. Condominium conversion projects shall comply with R-3 zone parking standards. A portion of the required parking, as approved by the City, shall be set aside for visitor parking and shall be uniformly distributed throughout the development.

e.    Open Space. The total square footage of open space shall not be reduced if it is less than R-3 zone standards. Open space may be transferred from Shared Open Space to Private Open Space as defined in the Zoning Ordinance. Existing Private Open Space in any Unit shall not be reduced. Any new units constructed on the site shall meet the open space standards of the underlying zone. Bicycle storage and recreation or common rooms may be counted as open space.

f.    Landscaping. A landscaping plan shall be submitted for approval by the Planning Commission after recommendation by the Architectural Review Committee. All landscaping shall be installed and shall be inspected by Architectural Review committee staff before occupancy of the dwelling units.

g.    Private Storage. Each unit within the project shall have at least 300 cubic feet of enclosed, weatherproofed, and lockable storage space at a single location. Such space shall be for the sole use of the unit owner and shall have a minimum horizontal surface area of 25 square feet and a minimum interior dimension of four feet. Such storage space may be provided in any location approved by the Planning Commission, but it is the intent of this standard to require space over and above that normally associated with the unit, such as clothes, linen, or guest closets or food pantries.

h.    Laundry Facilities. Each project shall provide adequate laundry facilities by:

1)    constructing a laundry room with the equivalent of one standard washing machine for each five dwelling units and an equivalent capacity in automatic clothes dryers; or

2)    provide properly designed and plumbed areas within each dwelling unit for washer and dryer installation.

i.    Boat, Trailer, Recreational Vehicle Storage. Boat, trailer or recreational vehicle storage shall not be allowed on site unless a separate, screened parking area is provided. This parking area shall not qualify as required parking or Open Space.

j.    Recreation Rooms. Recreation Rooms or common rooms are encouraged. A recreation or common room may be used to meet Open Space requirements.

k.    Bicycle Parking. Secure bicycle parking or bicycle lockers are encouraged. Bicycle parking may be used to meet Open Space requirements.

l.    Tot Lots. Tot lots are encouraged in projects with family housing units. Units with two or more bedrooms are considered family units unless the project is limited to senior housing.

3.    Annual Review of Conversions: The Planning Commission shall annually review conversions made after July, 1994 for owner/renter occupancy, parking problems, neighborhood comments or complaints, and status of inclusionary housing units.

O.    Short-term Residential Rentals: Short-term residential rentals shall be regulated in all residential districts, including residential developments in “PC” (Planned Community) Districts, as follows:

1.    Future Rentals Prohibited: Short-term residential rentals are prohibited in all residential districts if established after August 6, 1991, or if not qualified for limited grandfathering pursuant to subparagraph 2 below.

2.    Prior Rentals; Limited Grandfathering: Short-term residential rentals existing prior to August 6, 1991, may continue in operation, subject to the following regulations:

a.    All owners of short-term residential rental facilities must register with the City of Monterey’s Finance Department with verifying documentation of previous existence within 60 days of the effective date of this section. Failure to register in a timely fashion shall render such use unqualified, as set forth in subparagraph 1 above.

b.    All owners shall pay transient occupancy taxes from and after the effective date of this section and in accordance with Monterey City Code §§ 35-10 et seq. until termination of use as a short-term residential rental.

c.    All owners shall agree to terminate use of the premises as a short-term residential rental on or before the expiration of five (5) years from the effective date of this section or upon transfer of the title to the premises to a new owner, whichever shall occur first.

d.    Any short-term residential rental operated in violation of this chapter or that is determined to constitute a nuisance shall forfeit its right to continue operation as a short-term residential rental. The procedures set forth in Monterey City Code § 38-221 shall apply in the event the City believes a breach of this chapter has occurred or a nuisance situation is believed to exist.

P.    Maintaining Mail Address: Maintaining mail address for business license purposes only is permitted as an accessory use in residential zones, provided no stock in trade, supplies, professional equipment, apparatus, or business equipment are kept on the premises, except as earlier in subsection L and provided that no employees are engaged for services on the premises.

Q.    Special Setbacks. Special setbacks shown on an approved Tract Map shall supersede the normal requirement given in this ordinance.

R.    Guest Houses. A Condition of Approval for a Use Permit for a guest house shall be a no rent condition that is recorded with the County of Monterey and an annual declaration shall be made by the property owner that the guest house is not being rented.

S.    Accessory Dwelling Units.

1.    All accessory dwelling units shall conform with the following:

a.    The lot must contain an existing single-family home and no other dwelling units. No more than one accessory dwelling unit may be constructed on any lot.

b.    At the time of application, the property owner shall acknowledge in writing that: (1) the accessory dwelling unit may not be sold separately from the existing single-family home; (2) either the existing single-family home or the accessory dwelling unit must be owner-occupied; and (3) neither the accessory dwelling unit nor the single-family home may be used for short-term residential rentals. Prior to issuance of a building permit for the accessory dwelling unit, the owner shall record a covenant in a form approved by the City to notify future owners of the requirements of this subsection (S)(1)(b).

c.    Except as modified by this subsection (S), the accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this chapter, including but not limited to height, setback, lot coverage, floor area ratio, landscape, and historic preservation requirements; unless the unit is contained in a nonconforming structure and does not expand the nonconformity.

d.    The accessory dwelling unit shall conform to all applicable State and local building code requirements, including verification from the applicable water district (submitted with the application for a building permit) that sufficient on-site water credits are available for the accessory dwelling unit. Fire sprinklers may not be required for the accessory dwelling unit unless they are required for the existing single-family home.

e.    An accessory dwelling unit conforming to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which the unit is located and shall be deemed to be a residential use consistent with the existing general plan and zoning designations for the lot.

f.    An accessory dwelling unit conforming to the provisions of this subsection (S) shall be approved ministerially as provided in Section 38-153(B).

2.    Accessory dwelling units, interior, shall additionally conform with the following:

a.    The accessory dwelling unit must be constructed entirely within the existing and legally created space of a single-family home or accessory structure in the R-E or R-1 District.

b.    The accessory dwelling unit must have exterior access independent from the existing single-family home.

c.    Side and rear setbacks must be sufficient for fire safety.

d.    No additional parking for the accessory dwelling unit may be required. However, if the accessory dwelling unit replaces an existing garage, carport, or covered parking structure, replacement spaces must be provided to meet the requirements of Article 18 of this chapter but may be provided as covered spaces, uncovered spaces, tandem spaces, or mechanical parking lifts.

e.    No new or separate utility connection directly between the accessory dwelling unit and the utility may be required.

3.    Accessory dwelling units, other, shall additionally conform with the following:

a.    The lot proposed for the accessory dwelling unit must be 5,000 square feet or larger.

b.    All of the existing and proposed structures on the lot, excluding floor area exemptions listed in Section 38-25(D)(j), and including the proposed accessory dwelling unit, may not exceed a floor area ratio of 0.40.

c.    The accessory dwelling unit may not exceed 12 feet in height.

d.    The increased floor area of an accessory dwelling unit attached to the existing single-family home shall not exceed the lesser of 50 percent of the living area (as defined in Government Code Section 65852.2(i) or successor provision) of the existing single-family home or 1,200 square feet. The total floor area of a detached accessory dwelling unit may not exceed 1,200 square feet.

e.    One additional parking space shall be provided per bedroom, which may be provided as tandem parking on an existing driveway, and shall meet applicable setback requirements for parking. Notwithstanding this provision, no additional parking may be required for accessory dwelling units located within one-half mile of a public transit stop or car share vehicle pickup location, located entirely within an existing primary residence or an existing accessory structure, within an architecturally and historically significant historic district, or otherwise exempt under Government Code Section 65852.2(d) or successor provision.

f.    If the accessory dwelling unit replaces an existing garage, carport, or covered parking structure, replacement spaces must be provided to meet the requirements of Article 18 of this chapter but may be provided as covered spaces, uncovered spaces, tandem spaces, or mechanical parking lifts.

g.    A separate utility connection between the accessory dwelling unit and all utilities shall be required.

h.    Accessory dwelling units shall comply with the following design standards:

1)    The accessory dwelling shall be constructed with facade materials identical in color, and similar in texture and appearance to the primary dwelling, including but not limited to roofing, siding, and windows and doors; and

2)    The accessory dwelling shall match the roof pitch and roof form of the primary dwelling in order to blend with the architecture of the primary dwelling. (Ord. 3560 § 8, 2017; Ord. 3554 § 12, 2016; Ord. 3424 § 1, 2009; Ord. 3246 § 1, 1999)

ARTICLE 6 -- C Commercial Districts

Sections:

38-27    Specific Purposes

38-28    C-1 Neighborhood Commercial District

38-29    C-2 Community Commercial District

38-30    C-3 General Commercial District

38-31    CO Office and Professional District

38-32    CR Cannery Row Commercial District

38-33    Supplemental Regulations Applicable to C Districts

38-27 Specific Purposes

In addition to the general purposes listed in Article 1, the specific purposes of the commercial district regulations are to:

A.    Provide appropriately located areas consistent with the General Plan, applicable area plans, and redevelopment plans for a full range of office, retail commercial, service commercial, and visitor commercial uses needed by residents of, and visitors to, the city and region.

B.    Strengthen the city’s economic base, and provide employment opportunities close to home for residents of the city and surrounding communities.

C.    Create suitable environments for various types of commercial uses, and protect them from the adverse effects of inharmonious uses.

D.    Minimize the impact of commercial development on adjacent residential districts.

E.    Ensure that the appearance and effects of commercial buildings and uses are harmonious with the character of the area in which they are located and with applicable commercial neighborhood plan standards.

F.    Provide opportunities for residential development on the site of commercial development or on separate sites in certain commercial districts.

G.    Ensure the provision of adequate off-street parking and loading facilities.

H.    Provide sites for public and semipublic uses needed to complement commercial development or compatible with a commercial environment.

38-28 C-1 Neighborhood Commercial District

A.    Description. The purpose of the C-1 Neighborhood Commercial District is to provide sites for businesses serving the daily needs of nearby residential areas. Development standards are intended to prevent significant adverse effects on residential uses adjoining a C-1 district.

B.    Land Use Regulations. In the following schedule, the letter “P” designates use classifications permitted in the C-1 district, and the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” column includes certain limitations and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

1.    Use Permit for Certain Hours of Operation. Any use adjacent to a residential zone which operates before 6:00 a.m. or after 10:00 p.m. requires a use permit.

2.    Use Permit for Large Projects. Any use occupying more than 5,000 square feet of total floor area requires a use permit.

3.    Use Permit for Outdoor Activities. All uses shall be conducted within a completely enclosed building. A Use Permit is required for all outdoor activities, except for service stations, electric substations, off-street parking, and loading facilities, nurseries, and sidewalk cafes.

 

C-1 NEIGHBORHOOD COMMERCIAL DISTRICT LAND USE REGULATIONS 

 

 

 

Additional Regulations

Residential

 

 

Mixed Use

U

 

Multi-family Residential

 

See Sec. 38-33(G), Mixed-use Projects

Four or more units

U

 

Three or fewer units

P

 

Condominiums

U

See Sec. 38-26(M), Condominiums

Single-family Residential

U

 

Supportive Housing -- four or more units

U

 

Transitional Housing -- four or more units

U

 

Supportive Housing -- three or fewer units

P

 

Transitional Housing -- three or fewer units

P

 

 

 

 

Commercial Uses

 

See Sec. 38-33(G)

Animal Sales and Services

 

 

Animal Grooming

P

 

Animals: Retail Sales

P

 

Artists’ Studios

P

 

Banks and Savings and Loans

P

 

With Drive-up Service

U

 

Catering Services

P

 

Commercial Recreation and

 

 

Entertainment -- Limited

U

 

Convenience Market

U

 

Drive-thru service/window

U

 

Eating and Drinking Establishments

 

Sec. 38-33(C), (D), (E) Ord 3305; 5/2002

Restaurant -- Full Service

P

Sec. 38-33(C), (D), (E)

Restaurant -- Fast Food

U

Sec. 38-33(C), (D), (E)

Bar

U

Sec. 38-33(C), (E), (K)

Live Entertainment/Dancing

U

Sec. 38-33(E)

 

 

Prohibited adjacent to residential zones

Kiln, large

U

 

Maintenance and Repair Services

P

 

Massage Establishments

U

 

Nurseries

P

 

Offices -- Business and Professional

P

 

Personal Improvement Services

U

 

Personal Services

P

 

Retail Sales

P

 

Secondhand Appliances/Clothing

U

 

Travel Services

P

 

Vehicle/Equipment Sales and Services

 

 

Commercial Parking

U

 

Service Stations

U

 

Walk-up Service/Window

U

 

 

 

 

Public and Semi-public

 

 

Clubs and Lodges

U

Prohibited adjacent to residential zone

Day Care -- Large Family

U

 

Day Care -- General

U

 

Emergency Medical Care

U

 

Government Offices

U

 

Park and Recreation Facilities

U

 

Public Safety Facilities

U

 

PWS Facilities

U

 

Religious Assembly

U

 

Schools -- Public or Private

U

 

Utilities -- Major

U

 

Utilities -- Minor

P

See Article 20

Accessory Uses: Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use.

 

See Sec. 38-33(A),(C),(F), and Article 20

 

 

 

Temporary Uses

 

Require administrative approval by the Public Works Director

 

 

 

Nonconforming Uses

 

See Article 28

 

 

 

P = Permitted U = Use Permit Required

(Ord. 3554 § 7, 2016; Ord. 3544 § 5, 2016; Ord. 3472 § 1, 2012; Ord. 3443 § 6, 2010; Ord. 3436 § 2, 2009)

C.    Minimum Lot Dimensions and Property Development Standards. The following schedule prescribes minimum lot dimensions and property development regulations for the C-1 district.

C-1 DISTRICT: DEVELOPMENT REGULATIONS 

Minimum Lot Area (sq.ft.)

5,000

Minimum Lot Width (ft.)

50

 

 

Minimum Yards:

 

Front (ft.)

-(a)

Side (ft.)

-(a)

Corner Side (ft.)

-(a)

Rear (ft.)

10(a)

 

 

Maximum Height of Structures (stories/ft.)

Two stories and 25 ft.

Maximum Lot Coverage (%)

50(b)

Minimum Site Landscaping (%)

10

Parking and Loading

See Article 18

Nonconforming Structures

See Article 28

(a)    Abutting or fronting on an R district, the standards of the adjacent district apply.

(b)    Lot coverage from 50% to 100% requires a Use Permit

Supplemental site regulations applicable to all C districts are included in Section 38-33. These establish requirements for:

-    Accessory structures;

-    Fences and retaining walls;

-    Outdoor facilities;

-    Eating and drinking establishments with take out service;

-    Live entertainment, game centers, amusement centers, bowling alleys and dance halls;

-    Mixed use projects;

-    Service stations and automobile washing;

-    Adult entertainment; and

-    Landscaping at scenic entrances.

Supplemental regulations applicable to all zoning districts in the city are contained in Article 17, and off-street parking requirements are found in Article 18.

1.    Planting Areas. Visible yards not used for parking shall have a three foot planting strip adjoining an interior property line within 50 feet of a street property line. Front and corner side yards that are not used for drives or walks shall be planting area. See Section 38-33(J) for landscaping at scenic entrances.

2.    Fences and Walls. The maximum height of a fence or wall shall be six feet, except in a required front or corner side yard abutting a street where the maximum height shall be four feet.

a.    Adjoining an R District or Existing Residential Use. For privacy, security, and noise insulation, a six foot high solid wall (three feet high within 15 feet of a street property line) shall adjoin the property line of an existing ground floor residential use or an R district.

3.    Location of Parking. No parking shall be allowed in a front setback area.

D.    Review of Plans. Applications for new construction and exterior alterations and additions shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3424 § 1, 2009)

38-29 C-2 Community Commercial District

A.    Description. The C-2 Community Commercial District is intended to provide sites for retail shopping areas containing a wide variety of commercial establishments, including: retail stores and businesses selling home furnishings, apparel, durable goods, and specialty items; restaurants; commercial recreation; service stations; and business, personal and financial services. Development standards are intended to prevent significant adverse effects on residential uses adjoining a C-2 district.

B.    Land Use Regulations. In the following schedule, the letter “P” designates use classifications permitted in the C-2 district, and the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” column includes certain limitations and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

1.    Use Permit for Certain Hours of Operation. Any use adjacent to a residential zone which operates before 6:00 a.m. or after 10:00 p.m. requires a use permit.

2.    Use Permit for Large Projects. Any use occupying more than 5,000 square feet requires a use permit.

3.    Use Permit for Outdoor Activities. All uses shall be conducted within a completely enclosed building. A Use Permit is required for all outdoor activities, except for service stations, electric substations, off-street parking, and loading facilities, nurseries, sidewalk cafes, and temporary uses.

C-2 COMMUNITY COMMERCIAL DISTRICT LAND USE REGULATIONS 

 

 

Additional Regulations

 

Residential

 

 

Mixed Use

U

See Sec. 38-33(G), Mixed-use Projects

Multi-family Residential

 

 

Four or more units

U

 

Three or fewer units

P

 

Group Residential

U

 

Condominiums

U

See Sec. 38-26(M), Condominiums

Single-family Residential

U

 

Supportive Housing -- four or more units

U

 

Transitional Housing -- four or more units

U

 

Supportive Housing -- three or fewer units

P

 

Transitional Housing -- three or fewer units

P

 

 

 

 

Commercial Uses

 

See Sec. 38-33(G)

Adult Businesses

U

See Sec. 38-33(I); prohibited adjacent to residential zone

Animal Sales and Services

 

 

Animal Boarding

U

 

Animal Grooming

P

 

Animal Hospitals

U

 

Animals -- Retail Sales

P

 

Artists’ Studios

P

 

Auction House

U

 

Bakeries

P

 

Banks and Savings and Loans

P

 

with Drive-up Service

U

 

Blueprint Shop

U

 

Building Materials and Services

U

 

Catering Services

P

 

Commercial Filming

U

 

Commercial Recreation and Entertainment

U

 

Limited

U

 

Nighttime Entertainment

U

 

Communication Facilities

P

 

with no or little antennae

P

 

with large antennae

U

 

Convalescent Facilities

U

 

Convenience Market

U

 

Drive-thru service/window

U

 

Eating and Drinking Establishments

 

Sec. 38-33(C), (D), (E) (Ord 3305, 5/2002)

Restaurant - Full Service

P

Sec. 38-33(C), (D), (E)

Restaurant - Fast Food

U

Sec. 38-33(C), (D), (E)

Restaurant - Formula Fast Food

U

Sec. 38-33(C), (D), (E)

Bar

U

Sec. 38-33(C), (E), (K); Prohibited adjacent to residential zones

Live Entertainment/Dancing

U

Sec. 38-33(E); Prohibited adjacent to residential zones

Food and Beverage Sales

U

Liquor stores require Use Permit adjacent to Residential zone, subject to design control

Funeral and Internment Services

U

 

Kiln, Large

U

 

Maintenance and Repair Services

P

 

Massage Establishments

U

 

Nurseries

P

 

Offices -- Business and Professional

P

 

Pawnshop

U

Prohibited adjacent to residential zone

Personal Improvement Services

U

 

Personal Services

P

 

Retail Sales

P

 

Pharmacies and Medical Supplies

P

 

Visitor-oriented

P

 

Warehouse and Storage -- Limited

U

 

Wholesaling Distribution and Storage

U

 

Secondhand Appliances/Clothing

P

 

Shopping Centers

U

 

Travel Services

P

 

Vehicle/Equipment Sales and Services

 

 

Commercial Parking

U

See Sec. 38-33(H)

Service Stations

U

See Sec. 38-33(H)

Vehicle/Equipment Repair -- Limited

U

Prohibited adjacent to residential zone

Vehicle/Equipment Sales and Rentals

U

 

Walk-up Service/Window

U

 

Public and Semi-public

 

 

Clubs and Lodges

U

Prohibited adjacent to residential zone

Cultural Institutions

U

 

Day Care -- General

U

 

Emergency Medical Care

P

 

Government Offices

U

 

Park and Recreation Facilities

U

 

Public Recycling Facilities

U

 

Public Safety Facilities

U

 

PWS Facilities

U

 

Religious Assembly

U

 

Schools -- Public or Private

U

 

Utilities -- Major

U

 

Utilities -- Minor

P

 

Accessory Uses: Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use.

 

See Sec. 38-33(C),(G)

Temporary Uses

 

Require administrative approval by the Public Works Director

 

 

 

Nonconforming Uses

 

See Article 28

 

 

 

P = Permitted U = Use Permit Required

(Ord. 3554 § 8, 2016; Ord. 3544 § 6, 2016; Ord. 3472 § 1, 2012; Ord. 3443 § 6, 2010; Ord. 3436 § 2, 2009)

C.    Minimum Lot Dimensions and Property Development Standards. The following schedule prescribes minimum lot dimensions and property development regulations for the C-2 district.

C-2 DISTRICT: DEVELOPMENT REGULATIONS 

Minimum Lot Area (sq. ft.)

5,000

 

Minimum Lot Width (ft.)

50

 

 

 

 

Minimum Yards:

 

 

Front (ft.)

-(a)

 

Side (ft.)

-(a)

 

Corner Side (ft.)

-(a)

 

Rear (ft.)

-(a)

 

 

 

 

Maximum Height of Structures (stories/ft.)

Two stories and 25 ft.

Three stories and 35 ft. (c)

Maximum Lot Coverage (%)

50 (b)

 

Parking and Loading

See Article 18

Nonconforming Structures

See Article 28

(a)    Abutting or fronting on an R district, the standards of the adjacent district apply.

(b)    Lot coverage over 50% requires a Use Permit.

(c)    Use Permit is required for buildings with three stories or height in excess of 25 feet. Approval shall be based on Required Findings for Use Permits in Section 38-161 as well as Findings justifying an exception to the permitted height on the basis of achieving City priorities adopted by Council Resolution and compliance with existing Area Plan policies and City design guidelines.

Supplemental site regulations applicable to all C districts are included in Section 38-33. These establish requirements for:

-    Accessory structures;

-    Fences and retaining walls;

-    Outdoor facilities;

-    Eating and drinking establishments with take-out service;

-    Live entertainment, game centers, amusement centers, bowling alleys and dance halls;

-    Mixed use projects;

-    Service stations and automobile washing;

-    Adult entertainment; and

-    Landscaping at scenic entrances.

Supplemental regulations applicable to all zoning districts in the city are contained in Article 17, and off-street parking requirements are found in Article 18.

1.    Planting Areas. Visible yards not used for parking shall have a three-foot planting strip adjoining an interior property line within 50 feet of a street property line. Front and corner side yards that are not used for drives or walks shall be planting area. See Section 38-33(J) for landscaping at scenic entrances.

2.    Fences and Walls. The maximum height of a fence or wall shall be six feet, except in a required front or corner side yard abutting a street where the maximum height shall be four feet.

a.    Adjoining an R District or Existing Residential Use. A six-foot-high solid wall (three feet high within 15 feet of a street property line) shall adjoin the property line of an existing ground floor residential use or an R district.

3.    Location of Parking. No parking shall be allowed in a front setback area. Where a parking or loading area is across the street from an R District, a 10-foot landscaped area shall separate the parking area from the street.

D.    Review of Plans. Applications for new construction and exterior alterations and additions shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3424 §§ 1, 14, 2009)

38-30 C-3 General Commercial District

A.    Description. The C-3 General Commercial District is intended to meet the needs of residents with locally serving commercial areas by providing sites for such services as automobile sales and repair services, building materials, contractors’ yards, warehousing, storage and similar uses. Offices not accessory to a permitted use and retail uses are excluded.

B.    Land Use Regulations. In the following schedule, the letter “P” designates use classifications permitted in the C-3 district, and the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” column includes certain limitations and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

1.    Use Permit for Certain Hours of Operation. Any use adjacent to a residential zone which operates before 6:00 a.m. or after 10:00 p.m. requires a use permit.

2.    Use Permit for Large Projects. Any use occupying more than 5,000 square feet of total floor area requires a use permit.

3.    Use Permit for Outdoor Activities. All uses shall be conducted within a completely enclosed building. A use permit is required for all outdoor activities, except for service stations, electric substations, off-street parking and loading facilities, nurseries, and sidewalk cafes.

C-3 GENERAL COMMERCIAL DISTRICT LAND USE REGULATIONS 

 

 

Additional Regulations

Residential

 

 

Mixed Use

U

See Sec. 38-33(G), Mixed Use Projects

Multi-family Residential

 

 

Four or more units

U

 

Three or fewer units

P

 

Condominiums

U

See Sec. 38-26(M), Condominiums

Supportive Housing -- four or more units

U

 

Transitional Housing -- four or more units

U

 

Supportive Housing -- three or fewer units

P

 

Transitional Housing -- three or fewer units

P

 

Commercial Uses

 

See Sec. 38-33(G)

Ambulance Services

P

Use Permit required adjacent to residential zones

Animal Sales and Services

 

 

Animal Boarding

P

 

Animal Grooming

P

 

Animal Hospitals

P

 

Animals: Retail Sales

P

 

Artists’ Studios

P

 

Bakeries

P

 

Building Materials and Services

P

 

Catering Services

P

 

Commercial Filming

P

 

Commercial Recreation and Entertainment

P

See Sec. 38-33(F)

Nighttime Entertainment

U

 

Communication Facilities

P

 

with no or little antennae

P

 

with large antennae

U

 

Drive-thru service/window

U

 

Eating and Drinking Establishments

 

Sec. 38-33(C), (D), (E) Ord 3305; 5/2002

Restaurant -- Full Service

P

Sec. 38-33(C), (D), (E)

Restaurant -- Fast Food

U

Sec. 38-33(C), (D), (E)

Restaurant -- Formula Fast Food

U

Sec. 38-33(C), (D), (E)

Bar

U

Sec. 38-33(C), (E), (K)

Live Entertainment/Dancing

U

Sec. 38-33(E); Prohibited adjacent to residential zones

Funeral & Interment Services

P

 

Kiln, large

U

 

Laboratories

P

 

Maintenance and Repair Services

P

 

Massage Establishments

U

 

Nurseries

P

 

Offices -- Business and Professional

P

 

Personal Improvement Services

P

 

Personal Services

P

 

Retail Sales

P

See Sec. 38-33(C)

Secondhand Appliances/Clothing

P

 

Travel Services

P

 

Vehicle/Equipment Sales & Services

P

 

Automobile Rentals

P

 

Automobile Washing

P

See Sec. 38-33(H)

Service Stations

P

See Sec. 38-33(H)

Vehicle/Equipment Repair

P

 

Vehicle/Equipment Sales & Rentals

P

 

Vehicle Storage

P

 

Warehousing and Storage, Ltd.

P

 

Walk-up Service/Window

U

 

Public and Semipublic

 

 

Government Offices

U

 

Park & Recreation Facilities

U

 

Public Safety Facilities

U

 

PWS Facilities

U

 

Utilities, Major

U

 

Utilities, Minor

P

 

 

 

 

Industrial

 

 

Industry -- Custom

U

 

Industry -- Limited

U

 

 

 

 

Accessory Uses: Permitted on the site of a permitted use, but requires a use permit if added on the site of a conditional use.

 

See Sec. 38-33(C),(G)

 

 

 

Temporary Uses

 

Requires administrative approval by the Public Works Director

 

 

 

Nonconforming Uses

U

See Article 28

 

 

 

P = Permitted U = Use Permit Required

(Ord. 3554 § 9, 2016; Ord. 3544 § 7, 2016; Ord. 3472 § 1, 2012; Ord. 3443 § 6, 2010; Ord. 3436 § 2, 2009)

C.    Minimum Lot Dimensions and Property Development Standards. The following schedule prescribes minimum lot dimensions and property development regulations for the C-3 district.

C-3 DISTRICT: DEVELOPMENT REGULATIONS 

Minimum Lot Area (sq. ft.)

10,000

 

Minimum Lot Width (ft.)

70

 

 

 

 

Minimum Yards:

 

 

Front (ft.)

-

(a),(b)

Side (ft.)

-

(a)

Corner Side (ft.)

-

(a)

Rear (ft.)

-

(a)

 

 

 

Maximum Height of Structures (stories/ft.)

Two stories and 25 ft.

Three stories and 35 ft. (d)

 

 

 

Maximum Lot Coverage (%)

50

(c)

Parking and Loading

See Article 18

Nonconforming Structures

See Article 28

(a)    Abutting or fronting on an R district, the standards of the adjacent district apply.

(b)    Along East Del Monte Avenue, the average yard shall be 15 feet, and the minimum yard shall be 10 feet.

(c)    Lot coverage over 50 percent requires a Use Permit.

(d)    Use Permit is required for buildings with three stories or height in excess of 25 feet. Approval shall be based on Required Findings for Use Permits in Section 38-161 as well as Findings justifying an exception to the permitted height on the basis of achieving City priorities adopted by Council Resolution and compliance with existing Area Plan policies and City design guidelines.

Supplemental site regulations applicable to all C districts are included in Section 38-33. These establish requirements for:

-    Accessory structures;

-    Fences and retaining walls;

-    Outdoor facilities;

-    Eating and drinking establishments with take-out service;

-    Live entertainment, game centers, amusement centers, bowling alleys and dance halls;

-    Mixed use projects;

-    Service stations and automobile washing;

-    Adult entertainment; and

-    Landscaping at scenic entrances.

Supplemental regulations applicable to all zoning districts in the city are contained in Article 17, and off-street parking requirements are found in Article 18.

1.    Planting Areas. Visible yards not used for parking shall have a three-foot planting strip adjoining an interior property line within 50 feet of a street property line. Front and corner side yards that are not used for drives or walks shall be planting area. See Section 38-33(J) for landscaping at scenic entrances.

2.    Fences and Walls. The maximum height of a fence or wall shall be six feet, except in a required front or corner side yards abutting a street where the maximum height shall be four feet.

a.    Adjoining an R District or Existing Residential Use. A six-foot-high solid wall (three feet high within 15 feet of a street property line) shall adjoin the property line of an existing ground floor residential use or an R district.

3.    Screening. All uses, including the storage of vehicles, equipment, and materials, if not located entirely within a completely enclosed building, shall be entirely enclosed by a tight uniform screen, not less than six feet high. This requirement shall not apply to nurseries or to the display on a street frontage for sales purposes of new or used cars, trucks, trailers, or farm equipment in operative condition.

D.    Review of Plans. Applications for new construction and exterior alterations and additions shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3424 §§ 1, 14, 2009)

38-31 CO Office and Professional District

A.    Description. In addition to the general purposes listed in Article 1, the specific purpose of the CO Office and Professional District is to provide sites for offices at appropriate locations, subject to development standards that prevent significant adverse effects on adjoining uses.

B.    Land Use Regulations. In the following schedule, the letter “P” designates use classifications permitted in the C-O district, and the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” column includes certain limitations and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

1.    Use Permit for Certain Hours of Operation. Any use adjacent to a residential zone which operates before 6:00 a.m. or after 10:00 p.m. requires a use permit.

2.    Use Permit for Large Projects. Any use occupying more than 5,000 square feet of total floor area requires a use permit.

3.    Use Permit for Outdoor Activities. All uses shall be conducted within a completely enclosed building. A Use Permit is required for all outdoor activities, except for service stations, electric substations, off-street parking and loading facilities, nurseries, and sidewalk cafes.

CO OFFICE AND PROFESSIONAL DISTRICT LAND USE REGULATIONS 

 

 

 

Additional Regulations

Residential

 

 

Mixed Use

U

See Sec. 38-33(G), Mixed Use Projects

Multifamily Residential

 

 

Four or more units

U

 

Three or fewer units

P

 

Condominiums

U

See Sec. 38-26(M), Condominiums

Single-family Residential

U

 

Supportive Housing -- four or more units

U

 

Transitional Housing -- four or more units

U

 

Supportive Housing -- three or fewer units

P

 

Transitional Housing -- three or fewer units

P

 

Commercial Uses

 

See Sec. 38-33(G)

Banks and Savings & Loans

U

 

With Drive-up Service

U

 

Commercial Filming

U

 

Communication Facilities

P

 

Laboratories

P

 

Massage Establishments

U

 

Offices, Business & Professional

P

 

Offices, Medical

P

 

Personal Improvement Services

U

 

Personal Services

P

 

Research and Development Services

P

 

Retail Sales

 

 

Pharmacies and Medical Supplies

P

 

Travel Services

P

 

Walk-up Service/Window

U

 

Public and Semipublic

 

 

Convalescent Facilities

U

 

Cultural Institutions

U

 

Day Care, General

U

 

Emergency Medical Care

U

 

Government Offices

P

 

Hospitals

U

 

Park & Recreation Facilities

P

 

Public Safety Facilities

U

 

PWS Facilities

U

 

Religious Assembly

U

 

Residential Care -- General

U

 

Schools -- Public or Private

U

 

Utilities -- Major

U

See Sec. 38-33(G)

Utilities -- Minor

P

 

 

 

 

Accessory Uses: Permitted on the site of a permitted use, but requires a use permit if added on the site of a conditional use.

 

See Sec. 38-33(C),(G)

 

 

 

Temporary Uses

 

Require administrative approval by the Public Works Director

 

 

 

Nonconforming Uses

U

See Article 28

 

 

 

P = Permitted U = Use Permit Required

(Ord. 3554 § 10, 2016; Ord. 3544 § 8, 2016; Ord. 3472 § 1, 2012; Ord. 3443 § 6, 2010; Ord. 3438 § 4, 2009; Ord. 3436 § 2, 2009)

C.    Minimum Lot Dimensions and Property Development Standards. The following schedule prescribes minimum lot dimensions and property development regulations for the CO district.

C-O DISTRICT: DEVELOPMENT REGULATIONS

Minimum Lot Area (sq. ft.)

15,000

 

Minimum Lot Width (ft.)

90

 

 

 

 

Minimum Yards:

 

 

Front (ft.)

20

 

Side (ft.)

5

(a)

Corner Side (ft.)

20 percent of width;

minimum of 10 feet;

maximum of 15 feet.

Rear (ft.)

10

 

 

 

 

Maximum Height of Structures (stories/ft.)

Two stories and 25 ft.

Two stories and 30 ft. (b)

 

 

 

Maximum Lot Coverage (%)

50

 

Minimum Site Landscaping (%)

15

 

Parking and Loading

See Article 18

 

Nonconforming Structures

See Article 28

 

(a)    Ten feet for two- and three-story buildings.

(b)    Use Permit is required for buildings with three stories or height in excess of 25 feet. Approval shall be based on Required Findings for Use Permits in Section 38-161 as well as Findings justifying an exception to the permitted height on the basis of achieving City priorities adopted by Council Resolution and compliance with existing Area Plan policies and City design guidelines.

Supplemental site regulations applicable to all C districts are included in Section 38-33. These establish requirements for:

-    Accessory structures;

-    Fences and retaining walls;

-    Outdoor facilities;

-    Eating and drinking establishments with take out service;

-    Live entertainment, game centers, amusement centers, bowling alleys and dance halls;

-    Service stations and automobile washing;

-    Adult entertainment; and

-    Landscaping at scenic entrances.

Supplemental regulations applicable to all zoning districts in the city are contained in Article 15, and off-street parking requirements are found in Article 16.

1.    Planting Areas. Visible yards not used for parking shall have a three-foot planting strip adjoining an interior property line within 50 feet of a street property line. Front and corner side yards that are not used for drives or walks shall be planting area. See Section 38-33(J) for landscaping at scenic entrances.

2.    Fences and Walls. The maximum height of a fence or wall shall be six feet, except in a required front or corner side yards abutting a street where the maximum height shall be four feet.

a.    Adjoining an R District or Existing Residential Use. A six-foot-high solid masonry or concrete wall (three feet high within 15 feet of a street property line) shall adjoin the property line of an existing ground floor residential use or an R district.

3.    Location of Parking. No parking shall be allowed in a front setback area.

D.    Review of Plans. Applications for new construction and exterior alterations and additions shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3424 § 1, 2009)

38-32 CR Cannery Row Commercial District

A.    Description. The CR Cannery Row District is intended to provide for the development of the area known as the Cannery Row into a distinct visitor-commercial area, including a broad range of specialty and general commercial, service, recreational and public and semipublic uses, consistent with the General Plan and the Cannery Row Plan.

B.    Land Use Regulations. In the following schedule, the letter “P” designates use classifications permitted in the CR district, and the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” column includes certain limitations and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

1.    Use Permit for Outdoor Activities. All uses shall be conducted within a completely enclosed building. A Use Permit is required for all outdoor activities, except for service stations, electric substations, off-street parking and loading facilities, nurseries, and sidewalk cafes.

CR CANNERY ROW DISTRICT LAND USE REGULATIONS 

 

 

Additional Regulations

 

Residential

 

 

Mixed Use

U

See Sec. 38-33(G), Mixed Use Projects

Multifamily Residential

 

 

Four or more units

U

 

Three or fewer units

P

 

Condominiums

U

See Sec. 38-26(M), Condominiums

Supportive Housing -- four or more units

U

 

Transitional Housing -- four or more units

U

 

Supportive Housing -- three or fewer units

P

 

Transitional Housing -- three or fewer units

P

 

 

 

 

Commercial Uses

 

 

Aquaculture and Marine Research

U

 

Artists’ Studios

P

 

Commercial Filming

U

 

Commercial Recreation and Entertainment

P

 

Limited

P

 

Nighttime Entertainment

P

 

Drive-thru service/window

U

 

Eating and Drinking Establishments

 

Sec. 38-33(C), (D), (E) (Ord 3305, 5/2002)

Restaurant - Full Service

P

Sec. 38-33(C), (D), (E)

Restaurant - Fast Food

U

Sec. 38-33(C), (D), (E)

Restaurant - Formula Fast Food

U

Sec. 38-33(C), (D), (E)

Bar

U

Sec. 38-33(C), (E), (K)

Live Entertainment/Dancing

U

Sec. 38-33(E)

Prohibited adjacent to residential zones

Kiln, large

U

 

Laboratories

P

Only in pre-existing structures

Massage Establishments

U

 

Offices, Business and Professional

P

Only above street level

Personal Improvement Services

U

 

Personal Services

P

 

Research and Development Services

U

Only in pre-existing structures

Retail Sales

 

 

Pharmacies and Medical Supplies

U

 

Visitor-Oriented

P

 

Travel Services

P

 

Warehousing and Storage, Ltd.

U

Only in pre-existing structures

Walk-up Service/Window

U

 

 

 

 

Industrial

 

 

Industry, Custom

U

Only in pre-existing structures

Industry, Ltd.

U

Only in pre-existing structures

Wholesaling, Distribution and Storage

U

Only in pre-existing structures

 

 

 

Public and Semipublic

 

 

Cultural Institutions

U

 

Day Care -- General

U

 

Government Offices

P

Only above street level

Park and Recreation Facilities

P

 

Public Safety Facilities

U

 

PWS Facilities

U

 

Utilities -- Major

U

See Article 19

Utilities -- Minor

P

 

 

 

 

Accessory Uses: Permitted on the site of a permitted use, but requires a use permit if added on the site of a conditional use.

 

See Sec. 38-33(C)

 

 

 

Temporary Uses

 

Require administrative approval by the Public Works Director

 

 

 

Nonconforming Uses

U

See Article 28

 

 

 

P = Permitted U = Use Permit Required

(Ord. 3554 § 11, 2016; Ord. 3544 § 9, 2016; Ord. 3472 § 1, 2012; Ord. 3443 § 6, 2010; Ord. 3436 § 2, 2009)

C.    Minimum Lot Dimensions and Property Development Standards. The following schedule prescribes minimum lot dimensions and property development regulations for the CR district.

CR DISTRICT: DEVELOPMENT REGULATIONS 

Minimum Lot Area (sq.ft.)

5,000

 

Minimum Lot Width (ft.)

50

 

 

 

 

Minimum Public Access (ft/sq. ft.)

(j) (k)

 

 

 

 

Minimum Vertical Clearance of Existing Structures Or Slabs Over Water (ft.)

13 (m)

 

 

 

 

Minimum Yards:

 

 

Front (ft.)

-

 

Side

(a),(b),(c) (f) (g)

 

Corner Side (ft.)

10

 

Rear (ft.)

-

 

 

 

 

Maximum Extension of Existing Structures or Slabs Over the Water

(l)

Maximum Height of Structures (stories/ft.)

(e) (h) (i)

 

Four stories and 45 ft. (b)

 

 

Maximum Lot Coverage (%)

-

(d)

Maximum FAR

 

 

- Waterfront side of Cannery Row

2

 

- Opposite or non waterfront side of Cannery Row

3

 

Minimum Site Landscaping (%)

10

 

Parking and Loading

See Article 17

 

Nonconforming Structures

See Article 28

 

(a)    Open decks may project into a required side yard up to 50 percent of the yard width, but not more than four feet, consistent with Section 38-105.

(b)    For multifamily residential, 15 feet plus three feet for each story over three.

(c)    Multifamily residential development shall comply with the R-3 District standards.

(d)    The Planning Commission may exempt from coverage requirements: (1) certain structures when open on all sides, such as covered walks, if accessory to major buildings, and (2) underground parking structures upon finding that they are

consistent with the purpose and intent of the CR District

(e)    See Section 38-32 D.1.

(f)    See Section 38-32 D.1.

(g)    Side yards shall generally be as shown by View Sightlines on Figure 18 View Sightlines for Shoreline Development in the Cannery Row Local Coastal Program Land Use Plan. Larger scale maps are available in the City of Monterey Planning Division. The maps more precisely show the view sightline locations that are to serve as guidelines in determining view sightlines and building outlines within each property when specific development projects are reviewed.

(h)    Maximum building heights shall be as specified by Development Policies f. and g. and shown on Figure 28 Development Policies in the Cannery Row Local Coastal Program Land Use Plan.

(i)    Within 20 feet of an adjacent structure that has been designated historic by the City of Monterey, new development shall not rise more than one (1) story or fifteen (15) feet above the height of the adjacent historic structure.

(j)    See Section 38-32 D.1.

(k)    The Cannery Row Local Coastal Program Land Use Plan Public Access section has specific policy language regarding minimum public access.

(l)    Shoreline development is not to extend seaward so as to require new seawalls or alteration of the natural shoreline with the exception of parcels where structures or slabs existed over the water on November 3, 1981. Existing structures and slabs beyond the mean high tide that existed horizontally as part of any new development and are not to encroach further on the natural shoreline beneath the structures or slabs. (See Section 38-11 of this Ordinance for definition of “Structures or Slabs Over the Water, Existing”.)

(m)    No existing structure or slab shall be extended vertically so as to be any lower than 13 vertical feet above the mean high tide line with the exception of aquaculture and marine research uses dependent on coastal marine resources (See Section 38-11 of this Ordinance for definition of “Structures or Slabs Over the Water, Existing). Ord 3267 §1, 1999

Supplemental site regulations applicable to all C districts are included in Section 38-33. These establish requirements for:

-    Accessory structures;

-    Fences and retaining walls;

-    Outdoor facilities;

-    Eating and drinking establishments with take out service;

-    Live entertainment, game centers, amusement centers, bowling alleys and dance halls;

-    Mixed use projects;

-    Service stations and automobile washing;

-    Adult entertainment; and

-    Landscaping at scenic entrances.

Supplemental regulations applicable to all zoning districts in the city are contained in Article 17, and off-street parking requirements are found in Article 18.

1.    Planting Areas. Visible setback areas not used for drives, walks or parking, shall be planting area. See Section 38-33(J) for landscaping at scenic entrances.

2.    Fences and Walls. The maximum height of a fence or wall shall be eight feet, except in a required front or corner side yard abutting a street where the maximum height shall be four feet.

a.    Adjoining an R District or Existing Residential Use. A six-foot-high solid wall (three feet high within 15 feet of a street property line) shall adjoin the property line of an existing ground floor residential use or an R district.

3.    Location of Parking. No parking shall be allowed in a front or corner side setback area.

D.    Review of Plans. Development Review Committee and Architectural Review Committee approval is required for all new construction, alterations and additions, and changes in use.

1.    The Planning Commission shall review new uses and proposed development requiring Use Permits for consistency with the Cannery Row Local Coastal Program Land Use Plan and the applicable regulations of this ordinance. In approving any Use Permit, the Planning Commission may modify any property development standard of this Article to permit a project that is of outstanding design and carries out the purpose and intent of the Cannery Row Local Coastal Program Land Use Plan. Projects to be considered for outstanding design should be reviewed within the context of the findings and policies of the Development section in the Cannery Row Local Coastal Program Land Use Plan.

2.    The Planning Commission may exempt from coverage requirements certain structures when open on all sides, such as covered walks, if accessory to major buildings.

3.    To encourage underground parking, the Planning Commission may exempt from ground coverage requirements underground parking structures upon finding that such structures aid in accomplishing the Cannery Row Plan. (Ord. 3424 § 1, 2009)

38-33 Supplemental Regulations Applicable to C Districts

A.    Accessory Structures.

1.    Timing. Nonresidential accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins. Construction trailers may remain on the site only for the duration of construction.

2.    Location. Except as provided in this subsection, nonresidential accessory structures shall not occupy a required front or corner side yard or court, or project beyond the front building line of the principal structure on a site. No accessory uses shall be permitted off site.

3.    Maximum Height. The maximum height of a nonresidential accessory structure shall be 12 feet, subject to the provisions of this subsection, provided that pitched roofs shall not exceed a height of 16 feet.

4.    Relation to Property Lines. A nonresidential accessory structure in a required rear yard shall be located on a property line or shall be not less than three feet from a property line. A structure on a property line shall not exceed six feet in height at the property line and shall not intercept an inclined daylight plane sloping inward from a point six feet above the property line and rising one foot for each foot of distance for the property line.

5.    Garages on an Alley. Garages facing an alley shall be set back 25 feet from the alley centerline; garages siding on an alley shall be set back 15 feet from the alley centerline.

B.    Fences and Retaining Walls. The combined height of a retaining wall and a separate fence on a property line shall not exceed eight feet unless the fence is set back from the retaining wall a minimum of half the distance of the required setback but no more than five feet. In no case may a fence exceed six feet in height. If the fence is on one property and the retaining wall on the abutting property, the maximum fence height is six feet regardless of the retaining wall height.

C.    Outdoor Facilities.

1.    Where Permitted. Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick up, shall be allowed only with a use permit. Sidewalk cafes and outdoor food service accessory to an Eating and Drinking Establishment shall be permitted in the C 1, C 2, and CR districts. No outdoor preparation of food or beverages shall be permitted.

2.    Permit Conditions: Grounds for Denial. A use permit for outdoor storage, display, or food service may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic areas as identified in the General Plan and any applicable area plans. If such impacts cannot be prevented, the Planning Commission shall deny the use permit application.

3.    Exceptions. Notwithstanding the provisions of subsections (1) and (2) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted:

a.    Nurseries, provided outdoor storage and display is limited to plants only.

b.    Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles or equipment offered for sale or rent only. All vehicles and equipment shall be confined to private property of the site.

c.    Temporary uses as reviewed and approved by the Public Works Director. (Ord. 3472 § 1, 2012; Ord. 3326, 2003)

4.    Screening. Except for the use classifications excepted by subsection (3) above, outdoor storage and display areas including merchandise, materials or equipment for sale or customer pickup, shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. In other districts, screening shall be provided as prescribed by the use permit.

a.    Coin-Operated Vending Machines. Each machine located within 300 feet of an R district, except for machines located on the site of a service station, shall be screened from view from public rights-of-way.

5.    Appeals. Decisions of the Planning Commission may be appealed in accordance with Article 27.

D.    Fast Food and Formula Fast Food Restaurants.

1.    Minimum Separation. Fast Food and Formula Fast Food Restaurants on separated freestanding sites that are outside of the SC zone shall not be closer than 500 feet to the site boundaries of a public or private school, or park or recreation facility except for the Recreation Trail.

2.    Litter Control. A use permit may require the operator to retain a contract litter cleanup service if the Public Works Director determines that a litter problem exists. (Ord. 3472 § 1, 2012)

3.    Design Review. Fast Food and Formula Fast Food Restaurants shall be compatible with the surrounding commercial neighborhood, including implementation of any area plan design standards. ARC review shall evaluate, but is not limited to, consistency with the surrounding commercial neighborhood, exterior appearance, interior appearance as seen from public street or sidewalks, interior lighting and signage seen from public streets or sidewalks, exterior lighting, signage, and any other visual elements which would be seen from public areas. Standardized visual elements of a Formula Fast Food Restaurant, including but not limited to architecture, interior design elements and product menus seen from the street, signage, and window promotion signage, shall be eliminated or minimized

4.    Use Permit Review. Use permit review for Fast Food and Formula Fast Food Restaurants shall consider but is not limited to traffic, parking, noise, litter, odors per Section 38-111, hours of operation, peak hour impacts, and visual impacts. A change from a Fast Food to a Formula Fast Food shall be considered as a new use requiring a use permit to evaluate the increased intensity of use.

5.    Change in Ownership or Name. Any change of business ownership or restaurant name shall be reviewed by Department of Plans and Public Works staff to determine if there is an increased intensity of use. A new use permit shall be required if the change in ownership or name will reasonably result in an increase in intensity of use. Increased intensity of use may include, but not be limited to, any increase in number of seats, any increase in the area devoted to food processing, any expansion of kitchen facilities or equipment, or any increase in square footage of the establishment.

E.    Live Entertainment/ Dancing. (Ord 3305, 5/2002)

1.    A use permit shall be required for live entertainment/ dancing.

2.    The following conditions may be imposed on any use offering scheduled live entertainment/dancing, as defined, more than three times per calendar year:

a.    Exits not limited to emergency use only shall not be opposite an R district adjoining the site.

b.    The site shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City of Monterey.

c.    A noise analysis specifying areas affected and sound proofing or other mitigation that will be employed to eliminate excessive noise exposure on adjacent property shall be submitted to the Public Works Director with a use permit application. (Ord. 3472 § 1, 2012)

d.    The noise from live entertainment/dancing shall not interfere with the peaceful enjoyment of neighboring property owners.

e.    The use permit may be reopened for additional review if the Public Works Director determines that the live entertainment/dancing is creating a disturbance or interfering with peaceful enjoyment based on a documented pattern of disturbance as evidenced by citizen complaints, inappropriate noise levels, Police reports, Fire Department reports, Code enforcement reports and violations of the City Code, Penal Code or other State Statutes. (Ord. 3472 § 1, 2012)

f.    The applicant will be required to implement any security measures identified by the City’s Police Department.

g.    The building occupancy shall be specified in the use permit.

F.    Game Centers.

The following supplemental regulations shall apply to the operation of game centers.

1.    Purpose. The intent of these regulations is to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours.

2.    Adult Manager. At least one adult manager shall be on the premises during the time a game center is open to the public.

3.    Hours of Operation for Minors Under 18 Years of Age. No game center owners, manager, or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine after 9 p.m. on nights preceding school days, or after 10 p.m. on any night.

4.    A game center shall not be permitted within 300 feet of a public or private pre and K-12 school site or the boundary of an R district. The distance shall be measured in a straight line from the main public entrance to the game center to the property line of the school site or district boundary. A Use Permit shall be required for all game center in all “C” zones with the exception of the “C-R” Cannery Row Zone.

5.    Restrictions. Zoning Administrator or Planning Commission may impose reasonable restrictions on the physical design, location, and operation of a game center in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety, and welfare of the surrounding community.

G.    Mixed-use Projects.

1.    Purpose. A mixed-use project is a mix of residential uses and commercial uses in a commercial zone. It is the intent of this subsection to encourage the mix of retail, office and residential uses. This subsection applies to all mixed-use projects. If inconsistencies exist between this subsection and those of the underlying zone, the provisions of this subsection shall apply.

Mixed-use projects shall be permitted with a Use Permit in all C districts.

2.    Principally Permitted Uses, Conditional Uses, and accessory uses. After approval of the original use permit to establish a mixed use, offices and retail uses shall be allowed subject to requirements of the underlying zone, except that a use permit shall be required for the following uses if permitted in the underlying zone:

a.    Contractor’s establishment (building, heating, cabinet, painting, plumbing, electrical, and the like) when operated in conjunction with a retail store or office and conducted wholly within a building.

b.    Liquor stores, including package stores.

c.    Businesses with employees present before 6:00 a.m. and/or after 10:00 p.m.

d.    Commercial recreation and entertainment facilities.

e.    Dry cleaning processing operation.

f.    Printing and publishing or lithographic shop.

g.    Restaurants with live entertainment and/or dancing.

h.    Condominiums, per Section 38-26(M).

3.    Uses Not Allowed in a Mixed Use Development. The following uses are not allowed in a mixed use development, even if listed as permitted or conditional uses in the underlying zone.

a.    Adult businesses.

b.    Bars with live entertainment and/or dancing.

c.    Convenience markets with gas pumps.

d.    Vehicle/equipment repair, service stations, vehicle washing, and vehicle storage.

4.    Property Development Standards. Mixed use development shall meet the property development standards of the underlying zone, with the following qualifications and exceptions:

a.    Street Frontage Uses. Commercial and office uses shall be the predominant street frontage use in a mixed-use project.

b.    Design Intent. Mixed use developments should be compatible with the existing design elements of the surrounding area. The development should not look like an apartment building, if the predominant design is commercial. Density may exceed 30 units per acre if the Planning Commission determines that additional units will make the mixed use building size and height compatible with adjoining buildings.

c.    Repealed by 3436.

d.    Repealed by 3436.

e.    Noise. An acoustic analysis and noise mitigation program to reduce noise transmission between commercial and residential uses shall be submitted with a use permit application for a use which typically generates high noise levels in a mixed use building.

An acoustic analysis and noise mitigation program for residential units shall be submitted with the use permit application for a mixed use project in an area with noise generators such as traffic, evening activity, music, etc. in the immediate area. Noise mitigation measures may include insulation of walls and windows, placement of sleeping quarters in interior locations, and placement of closets and utility areas between the outside noise sources and living or sleeping areas.

f.    Other Required Conditions. Each residential unit shall be provided a separate storage area consisting of at least 100 cubic feet and having a minimum horizontal surface of 25 square feet. In addition, for projects with more than four units, there shall be at least one washer and one dryer for each five units. (Ord. 3436 § 2, 2009)

H.    Service Stations and Automobile Washing.

The following supplementary development regulations shall apply to the service stations and automobile washing facilities.

1.    Site Layout. Conditions of Approval of a Use Permit may require buffering, screening, planting areas, or hours of operation necessary to avoid adverse impacts on properties in the surrounding area.

2.    Planting Areas. Perimeter planting areas shall be as required for parking lots by Article 17, except where a building adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas.

I.    Adult Businesses.

1.    Purpose. In adopting these provisions, the City Council recognizes that certain types of adult businesses possess certain objectionable operational characteristics which, if such uses are allowed to concentrate, will have adverse effects upon the character of such areas and adjacent neighborhoods. The City Council further recognizes that locating adult businesses in close proximity to establishments frequented by minors will cause the exposure of minors to adult material that may adversely affect such minors due to their immaturity. Additionally, the City Council recognizes that, while certain adult entertainment enjoys limited protection under the First Amendment to the United States Constitution, substantial numbers of citizens of the city are offended by the public display of sexually-oriented material.

Special and limited regulation of adult businesses, consistent with the First Amendment rights of such uses, is therefore unnecessary. This will ensure that the adverse effects of adult businesses will not contribute to the blighting or downgrading of C districts in which they are permitted and the downgrading of surrounding neighborhoods; will not adversely affect minors; and will not offend those citizens of the city who do not wish to be exposed to sexually-oriented material.

2.    Location of Adult Businesses. No adult businesses, including adult bookstores and adult movie theaters, shall be located:

a.    within 1,000 feet of any R district;

b.    within 1,000 feet of the boundaries of a parcel of a real property site occupied by a public or private school, a religious assembly facility that conducts religious education classes for minors, or a park and recreation facility; or

c.    within 1,000 feet of any other adult business.

3.    Public Display of Certain Matter Prohibited. No adult business shall display or exhibit any material depicting specified anatomical areas or specified sexual activities in such a way as to be visible by persons outside the building in which the adult business is located.

4.    Compilation of Existing Adult Entertainment Uses. The following is a list of the existing adult businesses. It is the intent of this section to recognize such uses and to allow them to continue, even if nonconforming under this section, unless the use is discontinued for a period of 90 consecutive days or more, at which time the use may only be reinstated if it meets all requirements of this section.

a.    Adult Bookstores

Nuart Theater Co. -- 2116 North Fremont Street

b.    Adult Theaters

Nuart Theatre -- 2116 North Fremont Street

(Ord. 3438 § 3, 2009)

J.    Landscaping at Scenic Entrances.

Within ten feet of a street property line adjacent to scenic entrances designated on the Zoning Map, all land not required for drives and walks shall be planting area. These scenic entrances include:

1.    Munras Avenue: Highway One to El Dorado Street

2.    North Fremont Street: City limits to Highway 68

3.    Fremont Street: Highway One to Camino El Estero

4.    Del Monte Avenue: Highway One to Washington Street

K.    Bars (Ord 3305; 5/2002)

1.    A use permit shall be required for any Bar.

2.    The following issues shall be reviewed to determine the appropriateness of the proposed location as part of the use permit, and, if appropriate, conditions shall be imposed:

a.    The number of alcohol related calls for service, crimes, or arrests in the area is at an acceptable level, and

b.    The proximity of the alcohol serving establishments to sensitive uses such as residential districts, day care centers, parks and recreation facilities, schools or other facilities that house children is acceptable.

3.    The following operational issues shall be considered as part of the use permit and, if appropriate, conditions shall be imposed:

a.    Hours of Operation: The City may limit the hours of operation,

b.    Security: The City may require the bar to provide adequate security personnel and/or security devices,

c.    Preventative Design: The site and floor plans of establishments shall be reviewed for opportunities to reduce alcohol - related problems. Design features which may be reviewed include, but are not limited to, openness for surveillance, reduction of opportunities of congregation and obstructing public ways; illumination of exterior areas; and limiting furnishings and features that encourage loitering,

d.    Drinking Alcohol Outside: The selling of alcoholic beverages for consumption outside is prohibited except at Eating and Drinking Establishments with approved outdoor or sidewalk cafe dining, and

e.    Litter and Graffiti: The exterior of Eating and Drinking Establishments shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City of Monterey.

f.    Mode of Sale: The sale of alcohol from drive-up or walk-up windows is prohibited.

3.    The Planning Commission may impose additional conditions on the granting of the use permit, as necessary to preserve the public health and safety.

4.    An application for a use permit to operate a Bar may be approved, conditionally approved or denied by the Planning Commission. A decision of the Planning Commission may be appealed to the City Council as set forth in Article 27 of this Section.

5.    A use permit to operate a Bar may be revoked by the Planning Commission for violation of any condition of the use permit.

6.    A use permit to operate a Bar shall be revoked if after a noticed hearing the Planning Commission finds that the use constitutes a public nuisance. Prior to such hearing, the owner or operator of the Bar shall be given written notification of all conditions which may constitute a nuisance and given a minimum of 30 days to correct the conditions. The City can refer the issue to an outside community-based counseling group, such as the Hospitality Resource Panel, to help the business correct any conditions during or prior to this 30 day period. This referral is not a requirement but is an option available to the City. The counseling group may choose to make a recommendation to the Planning Commission on the Bar’s compliance with the conditions.

For purposes of this section, the term “public nuisance” refers to a pattern of disturbance or alcohol related problems which affect at the same time an entire community or neighborhood, or any considerable number of persons, as substantiated by credible evidence from a reliable source including, but not limited to, public testimony, citizen complaints, police reports, fire department reports, code enforcement reports, and violations of City Codes or state laws where such violation is established as constituting a nuisance per se. The term “alcohol related problems” shall include, but is not limited to, unacceptable public behavior, noise, littering, loitering, crimes of violence, interference with the unimpeded use of sidewalks by pedestrians, defacing or damaging property, interference with a neighborhood’s quality of life or image or quiet enjoyment of property, and other similar problems related to the operation of alcoholic beverage outlets. Such nuisances may be abated by the City pursuant to Monterey City Code §§ 1-7 or 1-9 and following.

7.    Bars that were in existence on May 7, 2002, may continue to operate without a use permit under the following conditions:

a.    The Bar retains the same type of liquor license within a license classification.

b.    The Bar is operated continuously without substantial change in the mode or character of operation. A “substantial change in mode or character of operation” includes, but is not limited to, any of the following:

1.    The license issued by the California Department of Alcoholic Beverage Control (“ABC”) is revoked, or suspended for a period of more than 30 days; or

2.    The owner or operator or ABC licensee is convicted of violations of California Health and Safety Code sections 11350, 11351, 11352, 11550 or 11364.7 or California Penal Code section 647(b) and the conviction relates to the business premises or the operation of the business; or

3.    The premises are altered for the purpose of increasing the gross floor areas and such additions will result in an aggregate increase of more than twenty-five (25%) of the existing gross floor area of the entire premises; or

4.    The Bar is closed, abandoned, discontinued or suspended for a continuous period of more than eighteen (18) months for reason other than a break in continuous business due to natural disaster or other similar circumstances beyond the control of the licensee, owner or operator; or

5.    The Bar constitutes a public nuisance as set forth in Subparagraph H above.

Any Bar without a use permit operating under this sub-paragraph I shall not have its right to operate rescinded, revoked or otherwise limited under this sub-paragraph without written notice and the opportunity for a hearing before the Planning Commission as set forth in Article 27 of this Section.

J.    A copy of the use permit’s conditions of approval shall be kept on the premises and posted in a place where it may be readily viewed by any employee, member of the general public or member of a governmental agency. (Ord. 3424 § 1, 2009)

ARTICLE 7 -- VAF Visitor Accommodation Facility District

Sections:

38-34    Specific Purpose

38-35    Land Use Regulations

38-36    Property Development Standards

38-37    Review of Plans

38-38    Limitation on VAF Rezoning

38-34 Specific Purpose

In addition to the general purposes listed in Article 1, the specific purpose of the VAF Visitor Accommodation Facility District is to establish the requirements for development of visitor accommodation facilities in the City of Monterey.

38-35 Land Use Regulations

In the following schedule, the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” column includes references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

1.    Hostel. The City Council may, upon recommendation from the Planning Commission after a public hearing, with a Conditional Use Permit approved by Ordinance, permit the construction, operation and maintenance of hostels operated by non-profit agencies on any parcel of the City not zoned for single-family residential use (R-1), or low density multi-family residential use (R-2).

VAF DISTRICT LAND USE REGULATIONS

 

Additional Regulations

 

Commercial Uses

 

 

Visitor Accommodation Facilities

U

(a),(b)

Limited-Occupancy

U

(a),(b),(c)

Accessory Uses

U

(a),(d)

(a)    Any conditions of a preexisting use permit or special permit shall apply.

(b)    Vacation Time Share Facilities are prohibited.

(c)    The property owner shall occupy and manage a limited-occupancy visitor accommodation facility. No cooking facilities in rooms or long term rental of rooms shall be permitted, breakfast to guests shall be the only meal and person served, and the maximum stay of guests shall not exceed 14 days.

(d)    Allowable accessory uses, such as sale of candy, magazines, sundries, and similar items; beauty and barber shops; recreation facilities to serve the public, guests and employees; living accommodations for manager or caretaker; facilities for conferences and meetings; commercial restaurant businesses, clothes and cleaning pick up agency; and related personal visitor sales and services when related to and developed as an incidental part of a visitor accommodation facility. Accessory uses may be added to visitor accommodation facilities with a use permit.

38-36 Property Development Standards

The following schedule prescribes minimum lot dimensions and property development standards for the VAF District.

VAF DISTRICT PROPERTY DEVELOPMENT REGULATIONS 

 

Hotels and Motels

Limited-Occupancy Visitor Accommodation Facilities

Additional Regulations

Minimum Site Area

-

0.5 acre

 

 

 

 

 

Minimum Site Area (sq.ft.) per Sleeping Unit (Guest Room)

 

 

(a)

-One story structure

1,000

5,000

(b)

-Two story structure

800

5,000

(b)

-Three stories or more

600

5,000

(b)

 

 

 

 

Minimum Yards

 

 

 

Front (ft.)

10

10

 

Side (ft.)

10

10

 

Corner Side (ft.)

10

10

 

Rear (ft.)

10

10

 

 

 

 

 

Maximum Lot Coverage (%)

30

30

 

 

 

 

 

Parking and Loading

See Article 18

 

 

 

 

 

Nonconforming Structures

See Article 28

 

(a)    When computing the number of units permitted, land devoted to accessory uses, such as restaurants, cocktail lounges, retail and service stores, service stations and similar uses, including related parking areas, shall be deducted from the gross site area.

(b)    No more than 10 rental rooms shall be permitted in limited-occupancy visitor accommodation facilities. This shall not include manager’s quarters or accommodations.

Supplemental regulations applicable to all zoning districts in the city are contained in Article 17, and off-street parking requirements are in Article 18.

A.    Number of Off-Street Parking Spaces Required.

Hotels and Motels

One per guest room; plus two for every 50 rooms; plus parking, as required for accessory uses.

Bed and Breakfast Inns

Up to eight rooms, one per guest room plus two spaces; over eight rooms, two per guest room.

Youth Hostel

As specified by Use Permit.

Accessory Uses. The Planning Commission may reduce the number of off-street parking spaces required by Article 18 for accessory uses by no more than 50 percent upon finding that:

1.    All required parking to be provided for all uses will occupy the same parking facility; and

2.    Both the required parking and the uses served are located on the same site under one ownership or the required parking is located on an adjacent site under the same ownership.

Computation of Spaces Required. If, in the application of the requirements of this article a fractional number is obtained, one parking space or loading berth shall be required for a fraction of one-half or more, and no space or berth shall be required for a fraction of less than one-half.

B.    Planting Areas. Site areas not used for access, parking, circulation, buildings, and services shall be completed and permanently landscaped.

C.    Signs. The maximum sign area for a limited-occupancy facility shall not exceed four square feet, and all signs shall be subject to approval of the Architectural Review Committee. Each establishment shall be referred to as an “Inn.” Wording such as “motels,” “hotels,” “motor hotels,” and “lodges” is not permitted. Such signs may only be externally illuminated.

D.    Expansion of Preexisting Facilities. Any visitor accommodation facility may be expanded, provided it meets the development standards of this section. Any preexisting facility that exceeds these standards, and is substantially destroyed by fire, earthquake, or other natural disaster may be reconstructed substantially as it was prior to such destruction.

38-37 Review of Plans

A.    Any structural alteration shall be subject to review and approval by the Planning Commission. Ordinary non structural repairs, alterations, exterior remodeling, changes in landscaping or planting areas, or maintenance shall be subject to review and approval by the Architectural Review Committee. Procedures for such review, including the right of appeal, shall be the same as for a use permit.

B.    Expansion of visitor accommodation facilities shall be subject to review and approval by the Development Review Committee, the Architectural Review Committee, and the Planning Commission.

C.    New limited visitor accommodation facilities shall be subject to review and approval by the Development Review Committee, and the Architectural Review Committee, and their recommendations shall be considered by the Planning Commission in deciding whether to approve or deny the project.

38-38 Limitation on VAF Rezoning

A zoning map amendment that would change the boundaries of a VAF District or add or delete land subject to the VAF District regulations may only be approved after an advisory vote of the people of the City of Monterey.

ARTICLE 8 -- I-R Industrial Districts

Sections:

38-39    Specific Purposes

38-40    I-R Industrial, Administration, and Research District

38-41    Supplemental Regulations Applicable to I Districts

38-39 Specific Purposes

In addition to the general purposes listed in Article 1, the specific purposes of industrial district regulations are to:

A.    Provide appropriately located areas consistent with the General Plan and applicable area plans for a broad range of manufacturing and service areas.

B.    Strengthen the city’s economic base, and provide employment opportunities close to home for residents of the city and surrounding communities.

C.    Provide a suitable environment for various types of industrial uses, and protect them from the adverse impacts of inharmonious uses.

D.    Ensure that the appearance and effects of industrial uses are compatible with the character of the area in which they are located.

E.    Minimize the impact of industrial uses on adjacent residential districts.

F.    Ensure the provision of adequate off-street parking and loading facilities.

38-40 I-R Industrial, Administration, and Research District

A.    Description. The I-R Industrial, Administration, and Research District is intended to provide an environment exclusively for and conducive to the development of modern, large-scale administrative facilities, research institutions, and specialized manufacturing organizations, including non-nuisance production, distribution, and storage of goods, but no raw materials processing or bulk handling.

B.    Land Use Regulations. In the following schedule, the letter “P” designates use classifications permitted in industrial districts. The letter “U” designates uses classifications permitted on approval of a Use Permit. The “Additional Regulations” column includes certain limitations and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

 

I-R DISTRICTS LAND USE REGULATIONS 

 

 

Additional Regulations

Commercial Uses

 

 

 

 

 

Animal Sales and Services (with the exception of riding academies)

U

 

Bakeries

P

 

Catering Services

P

 

Commercial Recreation and Entertainment

U

recreation vehicle parks prohibited

Communication Facilities

P

 

Convenience Markets

U

See Sec. 38-41(D)

Government Offices

U

 

Laboratories

P

 

Mail and Packing Service Centers

U

 

Offices -- Business and Professional

P

 

Office -- Medical

P

 

Research and Development Services

P

 

Restaurant -- Full Service

P

See Sec. 38-41(D)

Vehicle/Equipment Sales and Services

 

 

Automobile Washing

P

 

Service Station

P

See Sec. 38-41(C)

Vehicle/Equipment Repair -- Limited

P

 

Vehicle Storage

U

 

 

 

 

Industrial Uses

 

 

Industry -- Custom

P

Use Permit required for on-site outlets for goods produced or assembled on premises

Industry -- Limited

P

Use Permit required for on-site outlets for goods produced or assembled on premises

Wholesaling, Distribution, and Storage

U

 

-- truck terminal

 

 

Wholesaling, distribution and storage

U

 

-- small scale

 

 

 

 

 

Public and Semi-public Uses

 

 

Day Care -- General

U

 

Park and Recreation Facilities

P

 

Public Safety Facilities

U

 

PWS Facilities

U

 

Utilities -- Major

U

 

Utilities -- Minor

P

 

 

 

 

Accessory Uses: Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use.

 

See Section 38-41(A),(B), and Article 19

 

 

 

Temporary Uses

 

Require administrative approval by the Public Works Director

 

 

 

Nonconforming Uses

 

See Article 28

 

 

 

P = Permitted U = Use Permit Required

(Ord. 3505 § 2, 2014; Ord. 3472 § 1, 2012; Ord. 3443 § 7, 2010)

C.    Minimum Lot Dimensions and Property Development Standards. The following schedule prescribes minimum lot dimensions property development regulations for the I-R district.

I-R DISTRICT DEVELOPMENT REGULATIONS 

 

I-R-130

I-R-85

I-R-40

Minimum Lot Area (sq.ft.)

 

130,000 (a)

85,000 (a)

40,000 (a)

Minimum Lot Width (ft.)

 

250

200

150

Minimum Lot Depth (ft.)

 

300

250

200

Minimum Yards:

 

 

 

Front (ft.)

50

45

35

Side (ft.)

50

40

30

Corner Side (ft.)

50

40

30

Rear (ft.)

 

50

40

30

Maximum Height of Structures (ft.)

 

35

35

35

Maximum Lot Coverage (%)

 

 

 

One-story structures

40

40

40

Greater than one-story structures

 

30

30

30

Minimum Site Landscaping (%)

20

20

20

Parking and Loading

 

See Article 17

 

Nonconforming Structures

See Article 28

 

(a)    Smaller lots may be permitted with an approved development plan for a site with a minimum area of ten acres.

Supplemental site regulations applicable to all I-R districts are included in Section 38-41. These establish requirements for accessory structures, outdoor facilities, service stations and automobile washing.

Supplemental regulations applicable to all zoning districts in the city are in Article 17, and off-street parking requirements are found in Article 18.

1.    Planting Areas. Visible yards not used for parking shall have a three-foot planting strip adjoining an interior property line within 50 feet of a street property line.

Front and corner side yards that are not used for drives or walks shall be planting area.

2.    Fences and Walls. The maximum height of a fence or wall shall be eight feet, except in a required front or corner side yard abutting a street where the maximum height shall be three feet.

a.    Adjoining an R District of Existing Residential Use. A six-foot-high solid wall (three feet high within 15 feet of a street property line) shall adjoin the property line of an existing ground-floor residential use or an R district.

3.    Location of Parking. No parking shall be allowed in a front or corner side setback area. (Ord. 3424 § 1, 2009)

38-41 Supplemental Regulations Applicable to I-R Districts

A.    Accessory Structure. Accessory structures shall comply with all regulations applicable to the principal structure on a site. Off-site accessory structures shall not be allowed.

B.    Outdoor Facilities.

1.    Where Permitted. In the I-R district, outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up, shall be subject to approval of a Use Permit by the Public Works Director. (Ord. 3472 § 1, 2012)

2.    Permit Conditions -- Grounds for Denial. A Use Permit for outdoor storage or display may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic areas, as identified in the General Plan and applicable area plans. If such impacts cannot be prevented, the Public Works Director shall deny the Use Permit application. (Ord. 3472 § 1, 2012)

3.    Screening. Outdoor storage and display areas shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall.

a.    Coin-operated Vending Machines. Each machine located within 300 feet of an R district, except for machines located on the side of a service station, shall be screened from view from public rights-of-way.

4.    Appeals. Decisions of the Public Works Director may be appealed by the applicant to the Planning Commission in accordance with Article 27. (Ord. 3472 § 1, 2012)

C.    Service Stations and Automobile Washing.

The following supplementary development regulations shall apply to the Service Stations and Automobile Washing use classifications:

1.    Site Layout. Conditions of Approval of a Use Permit may require buffering, screening, planting areas, or hours of operation necessary to avoid adverse impacts on properties in the surrounding area.

2.    Planting Areas. Perimeter planting areas shall be as required for parking lots by Article 16, except where a building adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas.

3.    Storage of Materials and Equipment. The provisions of Section 38-41(B), Outdoor Facilities, shall apply, except that a display rack for automobile products no more than four feet wide may be maintained at each pump island of a service station. If display racks are not located on pump islands, they shall be placed within three feet of the principal building, and shall be limited to one per street frontage. Storage of inoperative vehicles is prohibited. The location of display racks and vending machines shall be specified by the Use Permit.

D.    Restaurants and Convenience Markets: Restaurants and convenience markets approved by the Planning Commission shall comply with the following supplementary regulations (unless superseded by area plan):

1.    Access. Direct driveway access to scenic Highway 68 shall not be permitted from individual properties.

2.    Buffers: Landscape buffers shall be provided at least 100 feet width from the ultimate planned right-of-way of scenic Highway 68.

3.    Signage: Signage shall not address scenic Highway 68.

E.    Review of Plans. Applications for new construction and exterior alterations and additions shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3424 § 1, 2009)

ARTICLE 9 -- O Open Space District

Sections:

38-42    Specific Purposes

38-43    Applicability

38-44    Land Use Regulations (Ord 3397, 10/07)

38-45    Development Regulations

38-46    Review of Plans

38-42 Specific Purposes

In addition to the general purposes listed in Article 1, the specific purposes of the O district are to:

A.    Provide a suitable classification for large public or private sites permanently designated for open space use or currently in an open space use.

B.    Protect public health and safety by limiting lands subject to flooding, slides, or other hazards to open space use.

38-43 Applicability

The O District shall be the base district for the use classifications listed in Section 38-44.

38-44 Land Use Regulations (Ord 3397, 10/07)

In the following schedule, the letter “P” designates use classifications permitted in “O” districts. The letter “U” designates use classifications permitted on approval of a Use Permit or temporary Use Permit, as provided in Article 22. The “Additional Regulations” column includes certain limitations on allowable uses and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

O DISTRICTS LAND USE REGULATIONS 

 

 

Additional Regulations

Public and Semi-public

 

 

Cultural Institutions

U

 

Park and Recreation Facilities

P

 

Public Safety Facilities

U

See note 1

Utilities -- Major

U

See note 2

Utilities -- Minor

P

 

Coastal Dependent Research and Education

U

See note 3

Public Serving Uses

U

See note 4

 

 

 

Commercial Uses

 

 

Commercial Recreation and Entertainment

U

See note 5

Eating and Drinking Establishments

U

See note 4

Snack Bar

U

See note 6

Coastal Dependent or Related Uses

U

See note 4

 

 

 

Accessory Uses: Permitted on the site of a

permitted use, but requires a use permit if

added on the site of a commercial use or if an

accessory commercial use

 

 

 

 

 

 

 

 

 

 

 

Temporary Uses

Require administrative approval by the Public Works Director

 

 

 

Nonconforming Uses

See Article 28

 

 

 

P = Permitted U = Use Permit Required

Notes:

1.    Only lifeguard facilities, small police information kiosks, harbor master office and support services/facilities are allowed along the waterfront.

2.    The following major utilities are prohibited along the waterfront: generating plants, electrical substations, above-ground transmission lines, and switching buildings.

3.    Only allowed as specified in the Del Monte Beach Land Use Plan.

4.    Only allowed as specified in the Monterey Harbor Land Use Plan.

5.    Use is prohibited adjacent to the waterfront with the exception of beach entertainment as specified in the Harbor Land Use Plan.

6.    Use is prohibited adjacent to the waterfront with the exception of small snack bar facilities as specified in the Harbor Land Use Plan.

(Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

38-45 Development Regulations

Development regulations shall be as specified by a use permit if one is required. If no use permit is required, the regulations of the nearest base district shall apply.

In addition, all development shall be subject to:

Section 38-101, Relocated Buildings;

Section 38-106, Underground Utilities;

Section 38-107, Antennae and Microwave Equipment;

Section 38-108, Screening of Mechanical Equipment;

Section 38-109, Refuse Storage Areas;

Section 38-110, Performance Standards; and

Article 16, Off-Street Parking and Loading Regulations.

38-46 Review of Plans

Applications for new construction and exterior alterations and additions shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3424 § 1, 2009)

ARTICLE 10 -- P Parking District

38-47    Specific Purposes

38-48    Land Use Regulations

38-49    Development Regulations

38-50    Review of Plans

38-47 Specific Purposes

The specific purpose of the P Parking District is to provide a suitable classification for public or private parking lots or structures.

38-48 Land Use Regulations

In the following schedule, the letter “U” designates use classifications allowed on approval of a Use Permit. The “Additional Regulations” column includes references to regulations located elsewhere in this chapter that apply. If the use classification is not listed, it is prohibited.

P DISTRICT LAND USE REGULATIONS

 

 

Additional Regulations

 

Public and Semi-public

 

 

Parking Lots/Structures

U

 

Accessory Uses

U

 

U = Use Permit L = Limited

38-49 Development Regulations

Development regulations shall be as specified by Use Permit.

38-50 Review of Plans

Applications for new construction shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3424 § 1, 2009)

ARTICLE 11 -- PC Planned Community District

Sections:

38-51    Specific Purposes

38-52    Land Use Regulations

38-53    Development Regulations

38-54    Initiation

38-55    Required Plans and Materials

38-56    Adoption Procedures

38-57    Status of PC Plan

38-58    Status of Specific Plan

38-59    Zoning Map Designation

38-51 Specific Purposes

The specific purposes of the PC Planned Community District are to:

A.    Establish a procedure for the development of large parcels of land in order to reduce or eliminate the rigidity, delays, and conflicts that otherwise would result from application of zoning standards and procedures designed primarily for small parcels.

B.    Ensure orderly and thorough planning and review procedures that will result in quality urban design.

C.    Encourage variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenity.

D.    Provide a mechanism whereby the City may authorize desirable developments, consistent with the General Plan and applicable area plans or specific plans, without inviting speculative rezoning applications, which, if granted, often could deprive other owners of development opportunities without resulting in construction of the proposed facilities.

E.    Encourage allocation and improvement of common open space in residential areas, and provide for maintenance of the open space at the expense of those who will directly benefit from it.

F.    Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.

38-52 Land Use Regulations

No use other than an existing use shall be permitted in a PC district, except in accord with a valid PC Plan or Specific Plan. Any permitted or conditional use authorized by this chapter may be included in an approved PC Plan or an adopted Specific Plan, consistent with the General Plan land use designation(s) for land within the PC district.

38-53 Development Regulations

A.    Minimum Area. The minimum net area of a PC district shall be ten acres, provided that a PC district may be subdivided in accord with a valid PC Plan or Specific Plan.

B.    Residential Unit Density. The total number of dwelling units in a PC Plan shall not exceed the maximum number permitted by the General Plan density for the total developable area of parcels designated for residential use and for open space. In determining the maximum number of units, undevelopable land and land devoted to existing public and private streets shall be excluded.

C.    Performance Standards. The performance standards prescribed by Section 38-111 shall apply.

D.    Other Development Regulations. Base district regulations shall be applied to PC districts. There shall be no exceptions to base district height, open space, setbacks from property lines, and intensity standards in PC districts. Other base districts standards may vary and additional standards may be applied, as prescribed by the PC Plan or Specific Plan.

38-54 Initiation

An amendment to reclassify property to PC shall be initiated by a property owner or authorized agent, the Planning Commission, or the City Council. If the property is not under a single ownership, all owners shall join in an application initiated by property owners, and a map showing the extent of ownerships shall be submitted with concept plans and materials.

38-55 Required Plans and Materials

In addition to the plans and materials required to accompany an application for a zoning map amendment by Article 26, an application for rezoning to a PC district shall include a PC Plan or Specific Plan, including the following items:

A.    A map showing proposed district boundaries and the relationship of the district to uses and structures within a 300-foot radius of the district boundaries;

B.    A map or aerial photo of the proposed district and 100 feet beyond its boundary showing sufficient topographic data to indicate clearly the character of the terrain; ridgelines and creeks; the type, location, and condition of mature trees and other natural vegetation; and the location of existing development;

C.    A conceptual site plan showing the proposed pattern of land use with acreage and residential density computation;

D.    The proposed land use regulations and physical development standards, including building setbacks, maximum height, lot coverage, landscaping, parking, lot dimensions, and other relevant requirements;

E.    The proposed street and lot pattern; and

F.    A three-dimensional model of the proposed development, delineating buildings, open space, and internal circulation.

38-56 Adoption Procedures

A.    The Planning Commission shall consider an application for rezoning to a PC district under the procedures established in Article 26. The Planning Commission shall consider the proposed PC Plan of Specific Plan accompanying the application at the same time. A recommendation of the Planning Commission to rezone land to a PC district shall be accompanied by a resolution approving a PC Plan or recommending a Specific Plan. The Planning Commission may require either a PC Plan, a Specific Plan, or both.

1.    Required Findings. The Planning Commission shall approve or conditionally approve a PC Plan, or recommend approval of conditional approval of a Specific Plan, upon finding that:

a.    The PC Plan or Specific Plan is consistent with the General Plan, any applicable area plan, and other applicable policies and is compatible with surrounding development;

b.    The PC Plan or Specific Plan will enhance the potential for superior urban design in comparison with the development under the base district regulations that would apply if the Plan were not approved;

c.    Deviations from the base district regulations that otherwise would apply are justified by compensating benefits of the PC Plan of Specific Plan;

d.    The PC Plan or Specific Plan includes adequate provisions for utilities services, and emergency vehicle access; and

e.    Public service demands will not exceed the capacity of existing and planned systems.

B.    The City Council shall hold a hearing, as provided by Article 26, on any application and plan transmitted to it by the Planning Commission.

C.    Following a hearing, the City Council may approve or conditionally approve a PC Plan or a Specific Plan and adopt a PC district for the area described in the application, if the City Council concurs with the findings required by Subsection (A)(1) above.

C.    The City Council shall adopt each PC district by ordinance, pursuant to Article 26. The adopting ordinance shall include a reference to the approved PC or Specific Plan for the district, a statement of purposes, and a list of the land use and property development regulations that apply.

38-57 Status of PC Plan

A PC Plan shall be effective on the same date as the ordinance creating the PC district for which it was approved and shall expire two years after the effective date, unless a building permit has been issued, construction diligently pursued, and substantial funds invested. An approved PC Plan may specify a development staging program exceeding two years.

The City Council may renew a PC Plan for one or two years, as specified in the decision or renewal, if it finds the renewal consistent with the purposes of this chapter. Application for renewal shall be made in writing to the Public Works Director not less than 30 days nor more than 120 days prior to expiration. An application for approval of a new PC Plan or for a revision of a PC Plan shall be considered by the Planning Commission and City Council at public hearings with notice given, as prescribed for a Use Permit in Article 22. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

38-58 Status of Specific Plan

A Specific Plan adopted by resolution of the City Council shall be administered as prescribed by the City Council, consistent with the Government Code, Section 65450 et seq.

38-59 Zoning Map Designation

A PC district shall be noted by the designation “PC,” followed by the number of the PC district, based on the order of adoption.

PART III -- OVERLAY DISTRICT REGULATIONS

ARTICLE 12 -- AP Administrative-Professional Overlay District

Sections:

38-60    Specific Purposes

38-61    Applicability and Zoning Designator

38-62    Land Use Regulations

38-63    Development Regulations

38-64    Review of Plans

38-60 Specific Purposes

The AP Administrative-Professional Overlay District is intended to provide a mechanism for considering administrative, professional, and related office uses in R-3 Residential Medium-density Multi-family Dwelling Districts.

38-61 Applicability and Zoning Designator

The AP Administrative-Professional Overlay District may be combined with any R-3 Residential Medium-density Multi-family Dwelling District. It may be initiated by the Planning Commission or City Council under the procedures established in Article 26 -- Amendments. Each AP Overlay District shall be shown on the Zoning Map by adding an “AP” to the base district designator.

38-62 Land Use Regulations

In the AP Overlay District, any use listed as a principal permitted use in the CO Office and Professional District may be allowed with a Use Permit. Additionally, a combination of office and residential uses may be allowed with a Use Permit. (Ord. 3473 § 1, 2012)

38-63 Development Regulations

All uses in the AP Overlay District shall comply with the Development Regulations of the underlying R-3 Residential Medium-density Multi-family Dwelling District. All uses shall provide off-street parking and loading spaces, as required in Article 18 -- Off-street Parking and Loading Regulations. The location and area of all signs visible from outside buildings shall be subject to approval by the Architectural Review Committee.

38-64 Review of Plans

Applications for new construction shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3424 § 1, 2009)

ARTICLE 13 -- D Design and Development Control Overlay District

Sections:

38-65    Specific Purposes

38-66    Applicability and Zoning Map Designator

38-67    Land Use and Development Regulations; Conditions of Approval

38-68    Review of Plans

38-65 Specific Purposes

The specific purpose of the D Design and Development Control Overlay District is to ensure appropriate review for projects in areas of environmental sensitivity or where urban design and site planning considerations are judged important. Three subdistricts are established to accomplish this objective:

D1 -- Design Control overlay district will require Architectural Review Committee approval of all new construction and exterior alterations and additions. Specific limitations are set on conditions of approval to prohibit the Committee from imposing requirements that are more restrictive than those prescribed by applicable base district regulations of a valid use permit or variance.

D2 -- Development Control overlay district will require Planning Commission and Architectural Review Committee approval of all new construction and exterior alterations and additions. Conditions of approval may impose requirements that are more restrictive than those prescribed by applicable base district regulations if the Planning Commission finds these requirements are necessary to have a harmonious relationship with existing and planned uses in the vicinity and with sensitive environmental resources.

D3 -- Historic Development Control overlay district will require Planning Commission and Architectural Review Committee approval of all new construction, exterior alteration, or addition on a site which could affect a designated historic building or site. Conditions of approval may impose requirements that are more restrictive than those prescribed by applicable base district regulations in the Planning Commission finds these requirements are necessary to preserve the setting or to create a harmonious relationship with adjoining or nearby historic resources.

38-66 Applicability and Zoning Map Designator

The D Design and Development Control Overlay District may be combined with any zoning district. It may be initiated by the Planning Commission or the City Council under the procedures established by Article 26, Amendments. Each D overlay district shall be shown on the zoning map by adding a “-D1,” “-D2,” or “-D3” designator, as the case may be, to the base district designation. Each D2 designator shall be followed by a reference to the ordinance adopting the district which includes the required findings and any specific conditions or standards applying to development within the district. A D2 designation shall only be applied when rezoning a property from one base district to another.

38-67 Land Use and Development Regulations; Conditions of Approval

Land use and development regulations shall be those of the base district with which the D district is combined, unless modified by another overlay district. The following limitations shall apply to conditions of approval:

A.    D1 District. In a D1 district, conditions relating to architectural design are acceptable. However, no condition of site plan approval shall impose requirements pertaining to use, density, FAR, private open space, yards, parking, or loading that are more restrictive than those prescribed by applicable base district regulations, unless modified by another overlay district, a Use Permit, or variance.

B.    D2 District. In a D2 district, the Planning Commission may impose specific conditions or standards pertaining to architectural design, use, hours of operation, special setbacks and buffers, fences and walls, outdoor lighting, driveway locations, parking area landscaping, signs, landscaping, street dedication, and related public improvements, upon finding that:

1.    Such requirements are necessary to protect the adjoining property and to assure appropriate development, and are consistent with the General Plan and the purposes of this ordinance.

C.    D3 District. In a D3 district, the Planning Commission may impose specific of standards pertaining to architectural design; building mass, bulk, and height; walls; outdoor lighting; driveway locations; parking area landscaping; signs; landscaping; street dedication; and related public improvements upon finding that:

1.    Such requirements are necessary to protect adjoining or nearby historic resources, to assure appropriate development, and to assure consistency with the General Plan and adopted historic preservation policies.

38-68 Review of Plans

A.    D1 District. The submission requirements and procedures of Article 24, Development Review Committee Approval, and Article 25, Architectural Approval, shall apply.

B.    D2 and D3 Districts. A two-part review process is required.

1.    Initial Review. The Planning Commission shall review the concept plan required by Article 25 prior to any review by the Architectural Review Committee. In the D3 district, the Historic Preservation Commission shall make advisory recommendation to the Planning Commission. The Planning Commission shall approve, approve with modifications, or deny the concept plan within 45 days of receipt of a completed application, unless an extension of time is acceptable to the applicant. Any requirements imposed pursuant to Section 38-67(B) must be supported by the required findings. The Planning Commission’s decision shall be final, unless appealed to the City Council in accord with Article 27. The Planning Commission, on its own motion, may refer its decision to the City Council for further consideration. The City Council shall act on a referral from the Planning Commission within 45 days or the Planning Commission’s decision is deemed affirmed.

2.    Final Review. Following Planning Commission or City Council review, all applications for development approval shall be subject to Article 24, Development Review Committee Approval, and Article 25, Architectural Approval.

C.    Appeals. The applicant may appeal decisions of the Development Review Committee, Architectural Review Committee, or Planning Commission in accord with Article 27.

ARTICLE 14 -- S Special Setback Overlay District

Sections:

38-69    Specific Purposes

38-70    Applicability and Zoning Map Designator

38-71    Special Setback Map

38-69 Specific Purposes

The S Special Setback Overlay District is intended to provide a mechanism for increasing setbacks along scenic streets and highways and the shoreline of Monterey Bay, El Estero and Roberts Lake to protect natural resources and to achieve a visually pleasing relationship between buildings and the environment where they are located.

38-70 Applicability and Zoning Map Designator

The S Special Setback Overlay District may be combined with any zoning district. It may be initiated by the Planning Commission or City Council under the procedures established in Article 26, Amendments. Each S overlay district shall be shown on the zoning map by adding a “ S” to the base district designator.

38-71 Special Setback Map

The specific setback required shall be delineated on a Special Setback Map, adopted at the same time as the zoning map amendment establishing an S overlay district. Lots subject to a special setback standard shall be identified and the setback requirement denoted as follows:

-    A number followed by the letter “F” shall indicate the required front or corner side setback in feet.

-    A number followed by the letter “S” shall indicate the required setback in feet of all structures, including bulkheads, from the adjacent shoreline.

-    The precise boundary of any shoreline subject to a special setback requirement shall be the NOAA Elevation 4.60 Mean High Tide Line on Aerial Maps dated September 30, 1985, established by the City Engineer and delineated on the Special Setback Map.

ARTICLE 15 Historic Properties

Sections:

38-72    Specific Purposes

38-73    Definitions

38-74a    Survey Procedures

38-74b    Land Use Regulations for Properties without Historic Zoning

38-75    Adoption of H-1 Overlay Zoning

38-76    H-2 City Historic Resource Overlay Zoning

38-77    H-D Historic District Overlay Zoning

38-72 Specific Purposes

The purpose of historic zoning is to implement the Urban Design Overview, Historic Preservation Element and Economic Element of the General Plan; to implement historic preservation provisions of adopted neighborhood plans; to promote the preservation, rehabilitation, restoration, reconstruction, and protection of historic resources; to enhance and preserve the setting of historic resources so that surrounding land uses, including design and color, do not detract from the historic resources; to encourage and promote public knowledge, understanding, and appreciation of the city’s history; to promote appreciation and use of historic resources; to encourage preservation of resources, which may potentially be considered eligible for Historic Zoning; to promote public awareness of the benefits of preservation; and to encourage public participation in identifying and preserving historical resources, thereby increasing community pride in the city’s cultural heritage.

38-73 Definitions

The following definitions shall apply to this Article 15 in addition to the definitions contained elsewhere in the Zoning Ordinance. Defined terms in this Article are capitalized in the text.

A.    Adopted Survey List. A list of properties with potential to meet the Criteria for Historic Zoning identified in an Intensive Survey.

B.    Alteration. For the purpose of this Article 15 of the Zoning Ordinance, “Alteration” means any change, repair, replacement, modification, or new construction to: (1) the exterior of an historic resource, (2) the exterior and interior structural elements which support the exterior walls, roof, or exterior elements of the historic resource, (3) other construction on a lot, or (4) the significant interior Character Defining Features of the historic resource, unless the interior is exempt from Historic Permit review by the Historic Preservation Commission. “Alteration” does not include ordinary landscape maintenance unless the landscaping is identified as significant at the time a property receives historic zoning, or in an adopted Historic Preservation Report.

C.    California Register. California Register of Historical Resources defined in California PRC 5024.1 and in CCR Title 14 Chap 11.5, Sec 4850 et seq. as it may be amended.

D.    Character Defining Features. As outlined in National Register Bulletin 15 and Preservation Brief 17: How to Identify Character Defining Features, the architectural character and general composition of a resource, including, but not limited to, type and texture of building material; type, design, and character of all windows, doors, stairs, porches, railings, molding and other appurtenant elements; and fenestration, ornamental detailing, elements of craftsmanship, finishes, etc.

E.    Contributing Resource. A Contributing Resource is an historic resource which contributes to the historic character of an H-D Historic District, as described in National Register Bulletin 15.

F.    Criteria. Criteria are the general standards by which the significance of a historic property is judged for inclusion in the National and/or California Register and eligible for Historic Zoning, including the quality of significance present in resources that possess integrity and: 1) are associated with events that have made a significant contribution to the broad patterns of our history, 2) are associated with the lives of significant persons in or past, 3) embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction, or 4) have yielded or may be likely to yield, information important in history or prehistory. These are criteria used by the National Register and California Register, and the National Register and California Register standards for those criteria are included in this Article by reference. See also definitions for National Register and California Register.

G.    DPR 523 Survey. Department of Parks and Recreation DPR 523 series survey forms, available from the State Office of Historic Preservation, including (1) Primary Record, (2) Building, Structure, and Object Record, and (3) Any additional survey form appropriate for documentation of the subject historic resource.

H.    Historic Overlay Zoning or Historic Zoning. Properties designated with the H-1 Landmark, H-2 City Historic Resource, or H-D Historic District zoning.

I.    Historic Preservation Report. A vehicle for preservation, rehabilitation, restoration, or reconstruction of an historic resource. The Report is based on the Secretary of the Interior’s Standards for Treatment of Historic Properties which has standards and guidelines for recommended treatments for preserving historic resources. The Secretary’s standards recommend four potential treatments. These are Preservation, Rehabilitation, Restoration, and Reconstruction. An Historic Preservation Report is adopted by the Historic Preservation Commission and shall remain in effect for a period of three years from date of adoption. The Historic Preservation Commission may extend or re-adopt an approved program for periods of three years or less.

J.    Historic Resource. A building, structure, object, site or district as defined in National Register Bulletin 15.

K.    Integrity. Aspects of Integrity (location, design, setting, materials, workmanship, feeling, and association) described in National Register Bulletin 15.

L.    Intensive Survey. An historic survey identifying whether a property meets the Criteria for Historic Zoning. An Intensive Survey also identifies resources subject to Section 38-74 of this ordinance. An Intensive Survey consists of a completed DPR 523 series survey forms, including (1) Primary Record, (2) Building, Structure, Object Record, and (3) Any additional survey form appropriate for documentation of the subject historic resource.

M.    Minor Repairs. Alteration which is determined by the Public Works Director to be consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties, and does not have an adverse impact on the Integrity of the historic resource. Examples of a minor repair would be repair of a deteriorated or damaged part of an historic resource with the minimum loss of historic materials, i.e., repair of damage to a window, portions of a porch railing, or replacement of deteriorated deck boards. Removal of historic materials where those materials are not damaged or deteriorated shall not be considered a minor repair. (Ord. 3472 § 1, 2012)

N.    National Register. National Register of Historic Places (36 CFR Part 60).

O.    National Register Bulletin 15. National Register Bulletin 15, How to Apply the National Register Criteria for Evaluation, National Park Service, 1991, as it may be amended. See also the definition for Criteria.

P.    Non-Contributing Resource. A Non-Contributing Resource is a resource located within the boundaries of an H-D Historic District which does not contribute to the district as defined in National Register Bulletin 15.

Q.    Qualified Professional. An individual meeting the Secretary of the Interior’s Professional Qualifications Standards (36 CFR Part 61 Appendix A) in history, architectural history, and historic architecture or an individual determined by the Public Works Director to have the qualifications generally equivalent to the above standards based on demonstrated experience in history, architectural history, and historic architecture. (Ord. 3472 § 1, 2012)

R.    Reconnaissance Survey. A preliminary historic survey of a defined geographic area. A Reconnaissance Survey identifies resources to be surveyed with an Intensive Survey. A Reconnaissance Survey also identifies resources subject to Section 38-74 of this ordinance. A Reconnaissance Survey will generally include DPR 523 Primary Record survey form or equivalent information.

S.    Reconnaissance Survey List. A list of properties with Reconnaissance Surveys that identify resources to be surveyed with an Intensive Survey.

T.    Secretary of the Interior’s Standards for Treatment of Historic Properties. The Secretary of the Interior’s Standards for Treatment of Historic Properties (36 CFR Part 67), with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (Weeks and Grimmer, National Parks Service 1995), as they may be amended. (Ord. 3424 § 1, 2009)

38-74a Survey Procedures

A.    Purpose. A survey is a document which identifies historic elements of a building and site. This section includes survey procedures to identify properties which meet the Criteria for Historic Zoning. Surveys may be conducted on individual properties; however, it is the City’s goal that all properties in Monterey will be surveyed over time. For area-wide surveys, the City will initially identify geographical areas that do not have properties with potentially historic resources. Properties within these areas would be excluded from historic review, except CEQA historic review, as required by State law. The balance of the City will be surveyed to identify properties with potentially historic resources. There are two levels of survey. The initial survey will be a Reconnaissance Survey as defined, which is an overview survey to identify properties that qualify for an Intensive Survey. An Intensive Survey identifies whether a property meets the Criteria for Historic Zoning. In addition to the Citywide survey, properties may be individually surveyed. The City will maintain a list of all adopted surveys and will use the survey information to identify and protect potentially historic resources as outlined in Section 38-74b.

B.    Reconnaissance Survey List; Adopted Survey List. The City shall maintain a list of surveyed properties. The list of properties with potential to meet the Criteria for Historic Zoning as identified in an Intensive Survey shall be deemed the “Adopted Survey List.” The list of properties identified in a Reconnaissance Survey shall be deemed the “Reconnaissance Survey List.” All surveys set forth in this section shall be prepared by or under supervision of a Qualified Professional.

1.    Procedure for Inclusion on the Reconnaissance Survey or Adopted Survey List.

a.    All properties identified by a Reconnaissance Survey prepared after March 7, 2000, shall be included in the Reconnaissance Survey List if adopted pursuant to in (1), (2), or (3) below. All properties identified as having potential to meet the Criteria for Historic Zoning in an Intensive Survey prepared after March 7, 2000, shall be included in the Adopted Survey List if adopted pursuant to in (1), (2), or (3) below.

(1)    Surveys prepared in conjunction with a Planning Permit or Historic Permit application may be adopted by the Historic Preservation Commission.

(2)    Surveys may be adopted by the City Council after public hearing and recommendation by the Historic Preservation Commission. Notice equivalent to use permit notice shall be given for both the Historic Preservation Commission and City Council public hearing.

(3)    Area-wide surveys shall be adopted by the City Council as follows:

(a)    Area-wide surveys may be initiated by the City Council after recommendation by the Historic Preservation Commission. The Historic Preservation Commission shall establish the survey boundaries.

(b)    Notice of the proposed survey shall be mailed to all property owners within the survey area or by placing a display advertisement at least one-eighth page in at least one newspaper of general circulation within the City.

(c)    The Historic Preservation Commission shall hold a public hearing prior to recommending adoption of the survey. Notice and survey forms shall be sent to all property owners proposed for inclusion on the Reconnaissance Survey List or Adopted Survey List at least thirty (30) days prior to the public hearing.

(d)    The City Council shall hold a noticed public hearing prior to adoption of the survey.

(e)    In the public hearing process, properties may be added to or deleted from inclusion on the Reconnaissance Survey List or Adopted Survey List if the addition or deletion is noticed and based on information supplied by a Qualified Professional.

2.    Procedure for Removal from the Reconnaissance Survey List or Adopted Survey List. The Historic Preservation Commission may remove properties from a Reconnaissance Survey List or Adopted Survey List if an Intensive Survey is prepared and the property is determined not eligible for historic zoning. (Ord. 3424 § 14, 2009)

38-74b Land Use Regulations for Properties Without Historic Zoning.

A.    Description. The provisions of this section are intended to identify and provide a historic review of properties identified in a Reconnaissance Survey or Intensive Survey, or which are determined to potentially meet the criteria for Historic Zoning by the Public Works Director. (Ord. 3472 § 1, 2012)

B.    Applicability. The land use regulations of this section shall apply if the property conforms to one of the following:

1.    The property has been surveyed and is included in the Reconnaissance Survey List or Adopted Survey List.

2.    The Public Works Director has determined that the property potentially meets the criteria for Historic Zoning and is not excluded per Section 38-74b Paragraph C below. (Ord. 3472 § 1, 2012)

C.    Exclusions. The provisions of this Section 38-74b shall not apply to the following properties: (Exclusion pursuant to this section does not exempt properties from CEQA historic provisions.)

1.    Properties in areas of the City which do not have resources with the potential for historic zoning. The Historic Preservation Commission shall prepare and adopt the map of excluded areas following a noticed public hearing.

2.    Properties that are not on the Reconnaissance Survey List or Adopted Survey List in an area which has been subject of an area-wide survey.

3.    Properties that have been surveyed and determined not eligible for historic zoning within the past five years.

4.    Properties that have been surveyed and removed from the Reconnaissance Survey List or Adopted Survey List pursuant to provisions of Section 38-74a.

5.    Properties with H-1 or H-2 zoning or properties within an H-D Historic District. (These properties must follow Historic Permit and Historic District sections of this ordinance.)

D.    Land Use Regulations for Alteration. The procedure for alteration of applicable properties shall be as follows:

1.    The proposed alteration shall be reviewed by the Public Works Director to determine whether the alteration conforms to the Secretary of the Interior’s Standards for the Treatment of Historic Properties. (Ord. 3472 § 1, 2012)

a.    Alterations which conform to the Secretary of the Interior’s Standards for the Treatment of Historic Properties shall follow the regular City planning and buildings permit review process.

b.    Alterations which do not conform to the Secretary of the Interior’s Standards for the Treatment of Historic Properties are subject to the following regulations:

(1)    If the property is listed on the Reconnaissance Survey List, an Intensive Survey shall be prepared. If the Intensive Survey determines that the property is potentially eligible for Historic Zoning, the property shall be added to the Adopted Survey List. If the survey determines the project is not eligible for Historic Zoning, the project shall follow the regular City planning and building permit review process.

(2)    If no discretionary planning permit approval is required, the project shall be subject to Architectural Approval as described in Article 25 of the Zoning Ordinance.

(3)    If the property is listed or placed on the Adopted Survey List, the project shall be presented to the Historic Preservation Commission for recommendations to the decision-making body for bringing the project into conformity with the Secretary of the Interior’s Standards for Treatment of Historic Properties.

E.    Land Use Regulations for Demolition. The procedure for Demolition Permits for applicable properties shall be as follows:

1.    Intensive Survey. An Intensive Survey of the property which is the subject of demolition, is required for issuance of a Demolition permit. The City shall prepare and adopt an Intensive Survey at the applicant’s expense if an Intensive Survey has not been completed or updated within the past five years.

a.    If the Intensive Survey concludes that the property does not meet the Criteria for Historic Zoning and should be removed from the Adopted Survey List, the demolition shall follow the regular City review process.

b.    If the Intensive Survey concludes that the property meets Criteria for Historic Zoning, the Historic Preservation Commission shall review the impacts of demolition, including CEQA review, and may recommend a delay period as set forth below.

2.    Demolition Delay. The Historic Preservation Commission may recommend a delay period to the City Council of up to 180 days for properties identified by an Intensive Survey as meeting the Criteria for Historic Zoning. The City Council shall approve, modify, or deny the demolition delay as recommended by the Historic Preservation Commission.

a.    The purpose of the delay period is to discuss: (a) design alternatives which meet the Secretary of the Interior’s Standards for Treatment of Historic Properties, (b) potential for Historic Zoning, including incentives, and (c) in the case of potential H-1 properties, possible initiation of H-1 zoning.

b.    Following the up to 180 day delay period, a demolition permit shall be issued concurrently with, but not prior to, issuance of a building permit for the replacement structure. (Ord. 3424 § 1, 2009)

38-75 H-1 Landmark Overlay Zoning

A.    Description. H-1 zoning is intended to identify and protect the most important historic resources in the City, generally including properties with statewide, national, or international historic significance where that significance would be recognized outside of the City, and the City is steward of those resources are preserved for its citizens and a larger public. The City recognizes its responsibility for preserving these resources for a national and international public, and the H-1 zone may be established without owner consent in order to fulfill that responsibility. The H-1 zone includes a strong series of incentives to support and encourage preservation of the historic resources.

B.    Applicability and Zoning Map Designator. Historic zoning may be combined with any zoning district. Each H-1 zone shall be shown by adding an “H-1” to the base district designation.

C.    Criteria for Adoption. H-1 Landmark zoning may be applied only to properties which meet National Register of Historic Places criteria defined in National Register Bulletin 15, and the property is the first, last, only, rare, or most significant resource of its type in the region. Notwithstanding the foregoing, the H-1 Landmark zoning district may be applied to adobe resources built prior to 1879 and other “H” zoned resources as of March 7, 2000, which may not meet National Register integrity standards. The National Register Criteria are generally described as historic event, person, design or information potential, and are fully defined in National Register Bulletin 15.

D.    Procedure for Adoption of H-1 Landmark Zoning. Establishment of H-1 Landmark zoning shall follow the procedures established by Article 26, which establishes the process for rezoning, with the additional provisions that

1.    In addition to the provisions which allow the City Council, Planning Commission, Public Works Director, or property owner to initiate Zoning Map amendments, H-1 Landmark zoning may be initiated by the Historic Preservation Commission. (Ord. 3472 § 1, 2012)

2.    In addition to the information required to support a rezoning pursuant to this chapter, eligibility for historic zoning shall be predicated on an Intensive Survey prepared or updated by or under supervision of a Qualified Professional within the last five years.

3.    In addition to the regular public hearing process for rezoning, the Historic Preservation Commission shall initially hold noticed public hearings and make recommendation to the Planning Commission.

E.    Historic Zoning on a Portion of a Lot. H-1 zoning may be applied to an eligible historic resource on less than the entire lot where the historic resources occupy a small portion of the lot and Historic Zoning and review on the balance of the lot would not be appropriate. Documentation of the boundaries so zoned shall be included. The intent of this provision is that the entire historic resource and an appropriate setting be zoned. This is not intended to permit Historic Zoning of only facades or component parts of a resource.

F.    Rescission of Historic Zoning. It is not the general intention of the City to remove historic designation from a property; however, the City Council may rezone a property to remove Historic Zoning following the process for adoption, set forth in this Section, if the historic resource no longer meets the Criteria for designation.

G.    Land Use Regulations.

1.    Historic Provisions Supersede Underlying Zoning Provisions. The provisions of this Zoning Ordinance Article 15 shall supersede the provisions of the underlying zone, where conflicts arise.

2.    Historic Permit Required for Alteration or Demolition. An Historic Permit shall be required for any Alteration or demolition within H-1 Landmark zone.

a.    Historic Permit for Alteration.

(1)    Application shall be made on forms provided by the Department of Plans and Public Works. Additional information may be requested as required.

(2)    For minor repairs, as defined, the application may be approved by the Public Works Director upon making the findings that that the proposed work is consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties. If this finding cannot be made, the Public Works Director cannot treat the application as a minor repair and must refer the matter to the Historic Preservation Commission for a Historic Preservation Report and a hearing, as set forth below. (Ord. 3472 § 1, 2012)

(3)    For all other applications for Alteration, a Historic Preservation Report is required, as defined in this Section. The Historic Preservation Commission shall review said application and Report. A Historic Permit shall be issued only upon a finding that the proposed work is consistent with an adopted Historic Preservation Report and the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

(4)    Historic Preservation Report. An Historic Preservation Report shall be adopted by the Historic Preservation Commission and shall remain in effect for a period of three years from date of adoption. The Historic Preservation Commission may extend or re-adopt an approved program for periods of three years or less. It shall be based on the Secretary of the Interior’s Standards for Treatment of Historic Properties and shall include the following:

(a)    Which of the four Secretary of the Interior’s Standards for Treatment of Historic Properties is being proposed for the resource.

(b)    A written description of historic events connected with the resource.

(c)    The historic context and interpretive period.

(d)    An architectural history of the resource which includes:

•    Photographs and drawings which identify the original building, structure, object, and site configuration,

•    Character Defining Features of the resource as originally constructed,

•    Changes and alterations made over time that have achieved stature as Character Defining Features, even though not a part of the original resource, and

•    Changes not consistent with the historic value of the resource.

(e)    A program for preservation of the resource, including a statement of how the proposed program meets the Secretary of the Interior’s Standards for Treatment of Historic Properties.

b.    Historic Permit for Demolition.

(1)    It is the intent of the City of Monterey that historic resources in H-1 zones will not be demolished unless extraordinary circumstances exist.

(2)    Application for demolition shall be made on forms provided by the Department of Plans and Public Works and shall contain a provision which requires the Applicant to provide whatever detailed information is required to completely review the application.

(3)    The Historic Preservation Commission shall hold noticed public hearing and recommend action to the City Council on the application for Historic Permit for demolition, and the City Council shall make the final determination to approve or deny the permit.

(4)    An Historic Permit and demolition permit for demolition of an H-1 resource shall not be issued by the City Council unless one of the following two findings can be made:

(a)    The resource is a hazard to public health or safety, and repairs or stabilization are not feasible. Deterioration resulting from the neglect or failure of the owner to maintain the property need not be considered in making this finding. The City Council may require the applicant to provide one or more structural reports to document that repairs or stabilization are not feasible, or

(b)    Denial of the application will deprive the property owner of the economically viable use of the property, after application of financial, land use and other incentives available to the property.

c.    Appeal. Decisions of the Historic Preservation Commission under this Section may be appealed as provided in Article 27 of this Zoning Ordinance.

d.    Expiration of a Historic Permit. An Historic Permit shall lapse two years after its date of approval unless a building permit has been issued and substantial construction costs expended. A one year extension may be granted by the Historic Preservation Commission or, if approved as a minor repair, by the Public Works Director. (Ord. 3472 § 1, 2012)

e.    Relocation as an Alternative to Demolition. Relocating an historic resource is an acceptable alternative to demolition if findings are made that the move is required to prevent destruction of the resource at its former location, that the new location is compatible with the original character and use of the historic resource, and that the resource retains its historic features and compatibility in orientation, setting, and general environment, and that the receiving lot and the former lot are appropriately rezoned.

H.    Incentives for H-1 Zoned Properties.

1.    City Incentives for H-1 Zoned Properties are as follows:

a.    Modification of Zoning Requirements by Use Permit. The underlying zoning requirements for setbacks, parking standards, and/or Floor Area Ratio may be modified by Use Permit, following the procedures set forth in this Section, if the modification of standards contributes to preservation of the historic setting or minimizes or eliminates impacts of Alteration on an historic resource.

b.    Additional Uses Allowed by Use Permit. The following additional uses may be allowed by Use Permit, issued pursuant to Chapter B of this Section:

(1)    R-2 or R-3 uses in the R-1 district,

(2)    C-O uses in the R-3 district,

(3)    C-1 uses in the C-O district,

(4)    Guest Houses on lots less than 8,000 square feet in the R-1 or R-2 districts, and

(5)    Establishment of the historic use (defined as the original resource use or the use for which the resource was designed) if that use is not allowed by the underlying zoning district.

(6)    Any use that provides public access to an historically preserved or restored interior. Public access is defined as establishment of a museum for public display of an historic interior or a use in which the interior is generally accessible to the public during normal business hours. Use Permit approval may specify areas which are to remain open to the public and minimum hours for public access. Public access shall include the type of public entry customary for the approved use and shall not include a requirement for extraordinary access such as historic tours unless such extraordinary access is a condition of use permit approval.

c.    Related Incentives. Historic zoned properties are eligible for the State Historical Building Code, the Mills Act Property Tax Reduction Program, City grant programs designed to protect and preserve historic resources and other City Programs approved by the City.

2.    Procedure for Issuance of Use Permits for Incentives.

a.    To grant a Use Permit under this Section the procedures set forth in Chapter 38 of this Code shall apply. In addition, the application for Use Permit shall first be presented to the Historic Preservation Commission, who shall recommend findings to the Planning Commission to support the use permit.

b.    The Planning Commission shall make the Use Permit findings in Section 38-161 and the additional findings that:

(1)    impacts of the use, including traffic and parking, would not be detrimental to the surrounding area

(2)    additional uses conform to an adopted Historic Preservation Report and are necessary for the preservation of an historic resource or historic interior.

c.    Contracts and/or easements between the property owner and the City that would provide for preservation or restoration of exterior or interior features of an historic resource may be required as condition to the Use Permit.

3.    Review of Incentive Programs. The Historic Preservation Commission will monitor the needs of historic properties and may develop additional incentive programs for City Council approval to meet those needs.

I.    Duty to Maintain Historic Zoned Resources. The owner, lessee, or other person legally in possession or control of an H-1 Landmark shall maintain the resource in good repair. Good repair is defined as that level of maintenance and repair of the exterior features, designated interior features, and the interior portion of the structure necessary to prevent deterioration of the exterior which furthers the continued availability and Integrity of the resource and prevents deterioration dilapidation, decay or loss of economic use of the property. (Ord. 3424 § 1, 2009)

38-76 H-2 City Historic Resource Overlay Zoning.

A.    Description. H-2 zoning is intended to identify and protect historic resources in the City that would be recognized as resources with local historic importance and their historic importance would not generally be recognized outside the immediate area of the Monterey Peninsula, and the City is steward of those resources are preserved for its citizens. The City encourages the preservation of these resources with a strong set of incentives; however, the ultimate decision to rezone and ultimately to preserve them is left to the property owner.

B.    Applicability and Zoning Map Designator. Historic zoning may be combined with any zoning district. Each H-2 zone shall be shown by adding an “H-2” to the base district designation.

C.    Criteria for Adoption. H-2 City Historic Resource zoning may be applied to properties which meet National Register or California Register Criteria as defined. The Criteria are generally described as historic event, person, design or information potential, and are fully defined in National Register Bulletin 15 and in California PRC 5024.1 and CCR Title 14 Chap 11.5, Sec 4850 et seq. (See Definitions).

D.    Procedure for adoption of H-2 Landmark Zoning. Establishment of H-2 Landmark zoning shall follow the procedures established by Article 26 with the additional provisions that:

1.    In addition to the information required to support a rezoning pursuant to this chapter, eligibility for historic zoning shall be predicated on an Intensive Survey prepared or updated by or under supervision of a Qualified Professional within the last five years.

2.    In addition to the regular public hearing process for rezoning, the Historic Preservation Commission shall hold noticed public hearings and make recommendation to the Planning Commission.

3.    H-2 City Historic Resource zoning shall not be initiated without property owner consent, except that properties with “H” overlay zoning as of the date of adoption of this ordinance may be rezoned to H-2 without consent of the property owner if they meet the criteria for H-2 zoning.

E.    Historic Zoning on a Portion of a Lot. H-2 zoning may be applied to an eligible historic resource on less than the entire lot where the historic resources occupy a small portion of the lot and Historic Zoning and review on the balance of the lot would not be appropriate. Documentation of the boundaries so zoned shall be included. The intent of this provision is that the entire historic resource and an appropriate setting be zoned. This is not intended to permit Historic Zoning of only facades or component parts of a resource.

F.    Rescission of Historic Zoning. It is not the general intention of the City to remove historic designation from a property; however, the City Council may rezone a property to remove Historic Zoning following the process for adoption, set forth in this Section, if the historic resource no longer meets the Criteria for designation.

G.    Land Use Regulations.

1.    Historic Provisions Supersede Underlying Zoning Provisions. The provisions of this Zoning Ordinance Article 15 shall supersede the provisions of the underlying zone, where conflicts arise.

2.    Historic Permit Required for Alteration or Demolition. An Historic Permit shall be required for any Alteration or demolition within H-2 City Historic Resource zone.

a.    Historic Permit for Alteration.

(1)    Application shall be made on forms provided by the Department of Plans and Public Works. Additional information may be requested as required.

(2)    For minor repairs, as defined, the application may be approved by the Public Works Director upon making the findings that that the proposed work is consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties. If this finding cannot be made, the Public Works Director must refer the matter to the Historic Preservation Commission. If this finding cannot be made, the Public Works Director cannot treat the application as a minor repair and must refer the matter to the Historic Preservation Commission for a Historic Preservation Report and a hearing, as set forth below. (Ord. 3472 § 1, 2012)

(3)    For all other applications for Alteration, a Historic Preservation Report is required. The Historic Preservation Commission shall review said application and Report. A Historic Permit shall be issued only upon a finding that the proposed work is consistent with an adopted Historic Preservation Report and the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

(4)    Historic Preservation Report. An Historic Preservation Report shall be adopted by the Historic Preservation Commission and shall remain in effect for a period of three years from date of adoption. The Historic Preservation Commission may extend or re-adopt an approved program for periods of three years or less. It shall be based on the Secretary of the Interior’s Standards for Treatment of Historic Properties and shall include the following:

(a)    Which of the four Secretary of the Interior’s Standards for Treatment of Historic Properties is being proposed for the resource.

(b)    A written description of historic events connected with the resource.

(c)    The historic context and interpretive period.

(d)    An architectural history of the resource which includes:

•    Photographs and drawings which identify the original building, structure, object, and site configuration,

•    Character Defining Features of the resource as originally constructed,

•    Changes and alterations made over time that have achieved stature as Character Defining Features, even though not a part of the original resource, and

•    Changes not consistent with the historic value of the resource.

(e)    A program for preservation of the resource, including a statement of how the proposed program meets the Secretary of the Interior’s Standards for Treatment of Historic Properties.

b.    Historic Permit for Demolition.

(1)    It is the intent of the City of Monterey that historic resources in H-2 zones will not be demolished unless extraordinary circumstances exist.

(2)    Application shall be made on forms provided by the Department of Plans and Public Works and shall contain a provision which requires the Applicant to provide whatever detailed information is required to completely review the application.

(3)    The Historic Preservation Commission shall hold noticed public hearing and recommend action to the City Council on the application for Historic Permit for demolition, and the City Council shall make the final determination to approve or deny the permit.

(4)    An Historic Permit and demolition permit for demolition of an H-2 resource shall not be issued unless one of the following two findings can be made:

(a)    The resource is a hazard to public health or safety, and repairs or stabilization are not feasible. Deterioration resulting from the neglect or failure of the owner to maintain the property need not be considered in making this finding. The City Council may require the applicant to provide one or more structural reports to document that repairs or stabilization are not feasible, or

(b)    Denial of the application will deprive the property owner of the economically viable use of the property, after application of financial, land use and other incentives available to the property.

c.    Appeal. Decisions of the Historic Preservation Commission under this Section may be appealed as provided in Article 27 of this Zoning Ordinance.

d.    Expiration of a Historic Permit. An Historic Permit shall lapse two years after its date of approval unless a building permit has been issued and substantial construction costs expended. A one year extension may be granted by the Historic Preservation Commission or, if approved as a minor repair, by the Public Works Director. (Ord. 3472 § 1, 2012)

e.    Relocation as an Alternative to Demolition. Relocating an historic resource is an acceptable alternative to demolition if findings are made that the move is required to prevent destruction of the resource at its former location, that the new location is compatible with the original character and use of the historic resource, and that the resource retains its historic features and compatibility in orientation, setting, and general environment, and that the receiving lot and the former lot are appropriately rezoned.

H.    Incentives for H-2 Zoned Properties.

1.    City Incentives for H-2 Zoned Properties are set forth as follows:

a.    Modification of Zoning Requirements by Use Permit. The underlying zoning requirements for setbacks, parking standards, and/or Floor Area Ratio may be modified by Use Permit, following the procedures set forth in this Section, if the modification of standards contributes to preservation of the historic setting or minimizes or eliminates impacts of Alteration on an historic resource.

b.    Additional Uses Allowed by Use Permit. The following additional uses may be allowed by Use Permit, issued pursuant to Chapter B of this Section:

(1)    R-2 or R-3 uses in the R-1 district,

(2)    C-O uses in the R-3 district,

(3)    C-1 uses in the C-O district,

(4)    Guest Houses on lots less than 8,000 square feet in the R-1 or R-2 districts, and

(5)    Establishment of the historic use (defined as the original resource use or the use for which the resource was designed) if that use is not allowed by the underlying zoning district.

(6)    Any use that provides public access to an historically preserved or restored interior. Public access is defined as establishment of a museum for public display of an historic interior or a use in which the interior is generally accessible to the public during normal business hours. Use Permit approval may specify areas which are to remain open to the public and minimum hours for public access. Public access shall include the type of public entry customary for the approved use and shall not include a requirement for extraordinary access such as historic tours unless such extraordinary access is a condition of use permit approval.

c.    Related Incentives. Historic zoned properties are eligible for the State Historical Building Code, the Mills Act Property Tax Reduction Program, City grant programs designed to protect and preserve historic resources and other City Programs approved by the City.

2.    Procedure for Issuance of Use Permits for Incentives.

a.    To grant a Use Permit under this Section the procedures set forth in Chapter 38 of this Code shall apply. In addition, the application for Use Permit shall first be presented to the Historic Preservation Commission, who shall recommend findings to the Planning Commission to support the use permit.

b.    The Planning Commission shall make the Use Permit findings in Section 38-161 and the additional findings that:

(1)    Impacts of the use, including traffic and parking, would not be detrimental to the surrounding area.

(2)    Additional uses conform to an adopted Historic Preservation Report and are necessary for the preservation of an historic resource or historic interior.

c.    Contracts and/or easements between the property owner and the City that would provide for preservation or restoration of exterior or interior features of an historic resource may be required as condition to the Use Permit.

3.    Review of Incentive Programs. The Historic Preservation Commission will monitor the needs of historic properties and may develop additional incentive programs for City Council approval to meet those needs.

I.    Duty to Maintain Historic Zoned Resources. The owner, lessee, or other person legally in possession or control of an H-2 City Historic Resource shall maintain the resource in good repair. Good repair is defined as that level of maintenance and repair of the exterior features, designated interior features, and the interior portion of the structure necessary to prevent deterioration of the exterior which furthers the continued availability and Integrity of the resource and prevents deterioration, dilapidation, decay or loss of economic use of the property. (Ord. 3424 § 1, 2009)

38-77 H-D Historic District Overlay Zoning.

A.    Description. H-D zoning is intended to identify and protect geographical areas with a concentration of historic resources, where preservation of the individual historic resources and their historic setting is important to understanding Monterey’s history.

B.    Applicability and Zoning Map Designator. H-D Historic zoning may be combined with any zoning district. Each H-D zone shall be shown by adding an “H-D” to the base district designation.

C.    Procedure for adoption of H-D zoning. H-D Historic District zoning may be applied to a geographic area which meets National Register criteria in National Register Bulletin 15 or California Register criteria for districts. Establishment of an H-D Historic District shall follow the procedures in Article 26 for Zoning Map amendment, with the following additional provisions:

1.    Prior to Initiation of the Zoning Map amendment, a preliminary report shall be prepared by the Department of Plans and Public Works identifying tentative boundaries, historic context, Contributing Resources, potential planning regulations, and design review guidelines and a preliminary determination of whether the district would be based on H-1 Landmark or H-2 City Historic Resource criteria and standards.

2.    The preliminary report shall be sent to Affected Property Owners and Residents defined as Owners of real property or residents within the boundaries of a proposed Historic District, and the Historic Preservation Commission shall hold one or more public participation workshops to discuss preparation of an Intensive Survey and formation of an historic district. A notice of public workshops shall be given in accord with Section 38-159 of this ordinance.

3.    The City shall then conduct an Intensive Survey of the proposed Historic District by or under supervision of a Qualified Professional, including preparation of DPR 523 series survey forms.

4.    The City shall prepare a District Preservation Plan, including the following:

a.    Determination whether the whether the district is based on H-1 Landmark or H-2 City Historic Resource criteria and standards.

b.    Statement of goals and objectives.

c.    Statement of historic context and period of significance.

d.    Description and map of the H-D boundaries.

e.    Identification of potentially contributing and non-contributing resources and the setting and character of contributing resources based on analysis contained in the intensive survey.

f.    Precise standards for new construction and alterations within the H-D boundaries. The property development standards of the underlying zone may be modified by the District Preservation Plan to be more or less restrictive than the underlying zone, including design, mass, bulk, height, walls, lighting, driveway locations, parking standards, landscaping, sign, public improvements on the property, and eligibility for incentives in Section 38-75, if appropriate. Any provisions more or less restrictive than the underlying zoning requirements shall be supported by findings that the requirements are necessary to implement the identified goals and objectives of the district and preservation of the historic setting within the district.

5.    District Preservation Plan and H-D zoning shall be adopted by ordinance following the procedure for Zoning Map Amendment, including required notices. A district that is based on H-2 criteria and standards shall not be established if 51% of the owners file an objection in writing prior to the City Council second reading of the adopting ordinance. Notices for districts based on H-2 criteria and standards shall inform property owners that the district will not be formed if 51% of owners object in writing to adoption of the district. Percentage ownership shall be based on number of Assessor’s Parcels within the proposed district. H-D zoning may be amended following the same procedure used for adoption.

D.    Rescission of Historic Zoning. It is not the general intention of the City to remove historic designation from a property; however, the City Council may rezone a property to remove Historic Zoning following the process for adoption if the historic resource no longer meets the Criteria for designation. (Ord. 3424 § 1, 2009; Ord 3276, 3/00)

ARTICLE 16 -- SC Planned Commercial Overlay District

Sections:

38-78    Specific Purposes

38-79    Applicability and Zoning Map Designator

38-80    Land Use Regulations

38-81    Development Regulations

38-82    Initiation

38-83    Required Plans and Materials

38-84    Adoption Procedures

38-85    Status of SC Plan

38-78 Specific Purposes

The specific purpose of the SC Planned Commercial Overlay District is to provide for the development of new planned shopping centers on sites of adequate size for the intended uses, and which are designed as a single architectural unit.

38-79 Applicability and Zoning Map Designator

The SC Planned Commercial Overlay District may be combined with any C (Commercial) zoning district. It may be initiated by the Planning Commission or the City Council under the procedures established in Article 26, Amendments. Each SC Planned Commercial Overlay District shall be shown on the Zoning Map by adding a “-SC” to the base zoning designator.

38-80 Land Use Regulations

No use other than an existing use shall be permitted in an SC Planned Commercial Overlay District, except in accord with a valid SC plan. Any permitted or conditional use authorized by this chapter may be included in an approved SC plan consistent with the General Plan Land Use Designation(s) for land within the SC district. When the SC plan includes use or design features which require a Use Permit or variance in accord with other sections of this chapter, approval of the SC plan shall include approval of the required Use Permit or variance, and no further action shall be required.

38-81 Development Regulations

A.    Base District Regulations. Base district regulations may be prescribed, when appropriate. Other development regulations shall be as prescribed by the SC plan.

B.    Performance Standards. Performance standards prescribed by Section 38-111, shall apply.

C.    Parking Standards. Parking standards shall be as prescribed in the SC plan.

38-82 Initiation

An amendment to reclassify property to SC shall be initiated by a property owner or authorized agent, the Planning Commission, or the City Council. If the property is not under a single ownership, all owners shall join in an application initiated by the property owners, and a map showing the extent of ownership shall be submitted with concept plans and materials.

38-83 Required Plans and Materials

In addition to the plans and materials required to accompany an application for a Zoning Map amendment by Article 26, an application for rezoning to the SC Planned Commercial Overlay District shall include an SC plan, including, but not limited to, the following items:

A.    A map showing proposed district boundaries and the relationship of the district to uses and structures within a 300-foot radius of the district boundary.

B.    A map or aerial photo of the proposed district and 100 feet beyond its boundary showing sufficient topographic data to indicate clearly the character of the terrain; ridgelines and creeks; and the type, location, and condition of mature trees and other natural vegetation and the location of existing development.

C.    A conceptual site plan showing the proposed pattern of land use with acreage and intensity computations.

D.    The proposed physical development standards, including building setbacks, maximum height, lot coverage, landscaping, parking lot dimensions, and other relevant requirements.

E.    The proposed street and parking pattern.

F.    A three-dimensional model of the proposed development, delineating buildings, open space, and internal circulation.

38-84 Adoption Procedures

A.    The Planning Commission shall consider an application for rezoning for an SC Planned Commercial Overlay District under the procedures established in Article 26. The Planning Commission shall consider the proposed SC plan accompanying the application at the same time. A recommendation of the Planning Commission to rezone land to an SC Planned Commercial Overlay District shall be accompanied by a resolution approving an SC plan.

B.    The City Council shall hold a hearing, as provided by Article 26, on any application and plan transmitted to it by the Planning Commission.

C.    Following a hearing, the City Council may approve or conditionally approve an SC plan and adopt an SC Planned Commercial Overlay District for the area described in the application.

D.    The City Council shall adopt each SC Planned Commercial Overlay District by ordinance, pursuant to Article 26. The adopting ordinance shall include a reference to the approved SC plan for the district.

38-85 Status of SC Plan

Unless otherwise stipulated, an SC plan shall be effective on the same date as the ordinance creating the SC Planned Commercial Overlay District for which it was approved, and shall expire two years after the effective date, unless a building permit has been issued.

The City Council may renew an SC plan for one or two years, as specified in a decision, or renewal, if it finds the renewal consistent with the purposes of this chapter. Application for renewal shall be made in writing to the Public Works Director not less than 30 days nor more than 120 days prior to expiration. An application for approval of a new SC plan or for a revision of an SC plan shall be considered by the Planning Commission and City Council at public hearings, with notices given as prescribed for a Use Permit in Article 22. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

ARTICLE 16A -- Religious Assembly in the Garden Road I-R-130 Zoning District Overlay District (Ord 3351, 03/2005)

Sections:

38-86    Specific Purposes

38-87    Applicability and Zoning Designator

38-88    Land Use Regulations

38-89    Development Regulations

38-90    Review of Plans

38-86 Specific Purposes

The Religious Assembly in the Garden Road I-R-130 Zoning District Overlay District is intended to provide an opportunity for considering religious assembly uses on large single tenant sites in the I-R Zoning District.

38-87 Applicability and Zoning Designator

The Garden Road I-R-130 Zoning District Religious Assembly Overlay District may only be combined with the Garden Road I-R-130 Zoning District. The Religious Assembly Overlay District shall be shown on the Zoning Map by adding “RA” Religious Assembly to the base district designator.

38-88 Land Use Regulations

In the Religious Assembly Overlay District, a Religious Assembly use may be allowed with a Use Permit.

38-89 Development Regulations

All Religious Assembly uses in the Religious Assembly in the I-R Zone Overlay District shall comply with the Development Regulations of the I-R Zone Overlay District. All Religious Assembly uses shall provide off-street parking and loading spaces, as required in Article 18 -- Off-street Parking and Loading Regulations.

38-90 Review of Plans

Applications for new construction including remodeling or alterations to accommodate proposed religious assembly uses and/or accessory uses shall be submitted to the Department of Plans and Public Works for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3424 § 1, 2009)

ARTICLE 16B -- Emergency Shelter Overlay District (Ord. 3571, 7/17) Revised 8/17

Sections:

38-99.1    Purpose Revised 8/17

38-99.2    Number of Emergency Shelters Revised 8/17

38-99.3    Operational and Management Requirements Revised 8/17

38-99.1 Purpose Revised 8/17

It is the purpose of the Emergency Shelter Overlay District to facilitate and encourage the provision of emergency shelter for homeless persons and households by allowing permanent year-round emergency shelters without a conditional use permit or other discretionary action in the districts where the overlay is applied, subject only to the same development standards that apply to the other permitted uses in this district, except for the requirements set forth in Section 38-99.2 that are unique to emergency homeless shelters as authorized by Government Code Section 65583(a)(4). (Ord. 3571 § 4, 2017)

38-99.2 Number of Emergency Shelters Revised 8/17

The number and capacity of emergency shelters allowed in the Emergency Shelter Overlay District is limited to that required to meet the shelter needs of the number of estimated homeless persons in the City identified in the City’s housing element. (Ord. 3571 § 4, 2017)

38-99.3 Operational and Management Requirements Revised 8/17

A.    The maximum number of beds or persons to be served nightly by an emergency shelter shall be 35.

B.    Off-street parking shall be based upon demonstrated need; provided, that parking for an emergency shelter shall not be more than that required for other uses permitted in the underlying district.

C.    Projects shall design to and maintain the following maximum light levels and spacing:

1.    Buildings. Spacing to meet average maintained illumination levels of a minimum 0.5 footcandles and maximum 1.0 footcandles.

2.    Primary Building Entry. Not to exceed average maintained illumination levels of a maximum 5.0 footcandles.

3.    Parking Lots. Spacing to meet average maintained illumination levels of a maximum of 0.5 footcandles and a 15:1 maximum to minimum uniformity ratio.

4.    Service Areas. Ten footcandles maximum.

D.    The size of indoor waiting areas shall be sufficient to accommodate the expected number of clients. Any spillover onto public right-of-way shall allow at least four feet of unobstructed sidewalk.

E.    On-site management shall be provided at all times the facility is in operation.

F.    Security shall be provided during the hours that the emergency shelter is in operation.

G.    The maximum length of stay by a homeless person in an emergency shelter shall be six months.

H.    An emergency shelter shall not be located within 300 feet of another emergency shelter.

I.    No individual or household shall be denied emergency shelter because of an inability to pay. (Ord. 3571 § 4, 2017)

PART IV -- REGULATIONS APPLYING IN ALL DISTRICTS

ARTICLE 17 -- Regulations Applying in All Districts Revised 5/17

Sections:

38-100    Specific Purposes and Applicability

38-101    Relocated Buildings

38-102    Development on Substandard Lots

38-103    Development on Lots Divided by District Boundaries

38-104    Building Site Frontage

38-105    Building Projections into Yards and Courts

38-106    Exceptions to Height Limits Revised 5/17

38-107    Underground Utilities

38-108    Repealed

38-109    Screening of Mechanical Equipment

38-110    Refuse Storage Areas

38-111    Performance Standards

38-112    Distance Between Buildings in a Dwelling Group

38-112.1    Alcohol Beverage Outlets

38-112.2    Limitation on Construction Hours (Ord. 3374; 09/2006)

38-112.3    Repealed

38-112.4    Personal Wireless Service Facilities (Ord. 3443; 03/2010)

38-112.5    Density Bonus

38-100 Specific Purposes and Applicability

This article contains site development regulations other than parking and loading regulations, that are applicable in all zoning districts. These regulations shall be applied as specified in Part II: Base District Regulations, and as presented in this article.

38-101 Relocated Buildings

A use permit for relocation of a building shall be required. This permit, to be issued by the Planning Commission under the provision of Article 21, shall establish conditions necessary to ensure that the relocated building will be compatible with its surroundings in terms of architectural character, height and bulk, and quality of exterior appearance. Decisions of the Commission may be appealed in accord with Article 27.

A.    Application.

1.    A relocated building application shall contain:

a.    Name and mailing address of applicant;

b.    Location and address of old and new site;

c.    Description and weight of building being moved and proposed use;

d.    Route of building location;

e.    Plot plan of the new site including the location of the building being moved, any proposed additions or accessory buildings, driveways, existing buildings on the lot and any other pertinent information; and

f.    A statement setting forth proposed improvement and remodeling of such building at the new site.

2.    Upon acceptance of a complete application and payment of the required fee, the application shall be referred to the Chief of Inspection Services/Building Official, Engineering and Maintenance Director, and Police Chief for review. The Chief of Inspection Services/Building Official shall make an inspection of the building to be moved, and report to the Planning Commission the type of construction, age, and present condition of such building and any improvements recommended or required to be made. The Chief of Inspection Services/Building Official may recommend denial of the application if in his opinion the building cannot be moved safely or it will injure any street or pavement within the City, or unduly obstruct traffic.

B.    Hearing.

1.    After the Planning Commission’s receipt of the Chief of Inspection Services/Building Official’s report, it shall hold a duly noticed hearing on the application. At the time of the hearing, the Planning Commission shall hear all persons who may appear to support or protest the granting of the application.

2.    In making its decision, the Planning Commission shall find, in the event it approved the moving of said building or structure, that such moving shall have no detrimental effect on the living environment and property values in the area into which the building or structure is to be moved, and that this decision is not contrary to the provision of the Building Code of the City or any improvements required to be made as reported by the Chief of Inspection Services/Building Official.

C.    Decision and Appeal. The decision of the Planning Commission shall be final unless appealed as provided for in Article 27. (Ord. 3424 § 1, 2009)

38-102 Development on Substandard Lots

A legally created lot having an area less than required for the base district in which it is located may be occupied by a permitted or conditional use, provided that on the effective date of regulations that made it substandard, it was in single ownership separate from any abutting lot. No substandard lot shall be further reduced in area or width.

38-103 Development on Lots Divided by District Boundaries

The regulations applicable to each district shall be applied to the area within that district, and no use other than parking serving a principal use on the site shall be located in a district in which it is not a permitted or conditional or a transitional use approved by the Planning Commission and subject to a use permit. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use.

38-104 Building Site Frontage

Every building site shall have frontage on a public street from which adequate vehicular access shall be developed directly through the frontage, equal to the minimum building site width required by the regulations for the zone wherein it is located, unless:

A.    Such building site is a legal nonconforming lot of record and has a minimum frontage in accordance with the provisions noted above of not less than 25 feet on a public street; or

B.    Such building site has a minimum 25-foot frontage on a second improved public right-of-way; or

C.    A Use Permit is first secured.

38-105 Building Projections into Yards

Projections into required yards shall be permitted as follows:

 

Allowable Projections in Feet

 

Front Yard

Side
Yard

Corner Side Yard

Rear Yard

Fireplace or chimney

3

3 (a)

3

3

Cornice, eave, and architectural features

4

3 (a)

3

4

Covered, attached porches

6

0

0

0

Mechanical equipment

4

3 (a)

4

4

Stairways serving first floor

6

3 (a)(d)

4

6

Stairways above first floor

4

3 (a)(d)

4

4

Uncovered attached porches, decks, and balconies serving the first floor

6

3 (a)(c)(d)

4

6

Uncovered attached porches, decks, and balconies above the first floor

4

3 (a)(b)(c)(d)

4

4 (b)

Bay windows

2.5 (c)

2.5 (a)(c)

2.5 (c)

2.5 (c)

(a)    Not more than one half the required width.

(b)    No deck for a second story unit in an R-3 District shall project into a side or rear yard adjoining an R-1 District.

(c)    A total of all elements shall not exceed a length of no more than one third the building on which they are located.

(d)    Stairs in side yard must maintain a three-foot minimum setback. Free-standing decks and patio structures shall be reviewed as accessory buildings.

38-106 Exceptions to Height Limits Revised 5/17

Height limitations stipulated in this chapter shall not apply:

a.    to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, distribution and transmission towers, lines and poles, windmills, chimneys, smokestacks, flagpoles, and radio towers; to existing structures for solar collection devices, water catchment, green roof elements, and enhancements for energy conservation on existing buildings (roofing materials and insulation); to masts and aerials except as regulated in Section 38-108; and to parapet walls extending not more than four feet above the limiting height of the building.

b.    to bulkheads, elevator and stair penthouses, water tanks, monitors, and scenery lofts, provided no linear dimension of any such structure exceeds 50% of the corresponding street lot line frontage or to towers and monuments, fire towers, hose towers, cooling towers, gas holders, or other structures, where the manufacturing process requires a greater height. Provided, however, that no such structure above the heights otherwise permitted in the zone shall occupy more than 25% of the area of the lot and shall be distant less than 25 feet in all parts from every lot line not a street lot line. Any structure in (a) and (b) may extend 20 feet above the district height limit, provided that additional height may be authorized with a Use Permit. (Ord. 3567 § 2, 2017; Ord 3414; 07/2008)

38-107 Underground Utilities

All electrical, telephone, CATV, and similar distribution lines providing direct service to a development site shall be installed underground within the site, except in the R-1 and C R districts where this requirement shall not apply. The Planning Commission may waive this requirement upon finding that such installation is infeasible.

38-108 Antennae and Microwave Equipment

Repealed by Ord. 3443. (Ord. 3424 § 1, 2009)

38-109 Screening of Mechanical Equipment

A.    General Requirement. Except as provided in subsection (B) below, all visible exterior mechanical equipment shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, duct work, and transformers. Satellite receiving antennae shall be screened as prescribed by Section 38-108. Screening of the top of equipment may be required by the Public Works Director, if necessary to protect views from an R district. Screening of mechanical equipment shall be subject to review and approval of the Public Works Director. (Ord. 3472 § 1, 2012)

B.    Utility Meters. Utility meters shall be screened from view from public rights-of-way, but need not be screened on top or when located on the interior side of a single-family dwelling. Meters in a required front yard or in a side yard adjoining a street shall be enclosed in subsurface vaults.

C.    Screening Specifications. Screening materials may have evenly distributed openings or perforations averaging 50 percent of the surface area and shall effectively screen mechanical equipment so that it is not visible from a street or adjoining lot. (Ord. 3424 § 1, 2009)

38-110 Refuse Storage Areas

Refuse storage areas shall be screened or located within a building and shall be provided prior to occupancy for all multifamily residential commercial, industrial, and public/semipublic uses. Locations, screening, horizontal dimensions, and general design parameters of refuse storage areas shall be as prescribed by the Architectural Review Committee, subject to appeal to the Planning Commission. The Architectural Review Committee may waive the screening requirement for dumpsters and equipment for refuse collection and storage in an IL District, which are not visible from a public street.

38-111 Performance Standards

The following performance standards shall apply to all use classifications in all zoning districts:

A.    Noise. All uses and activities shall comply with the provisions of the Monterey Noise Regulations (Sections 22 17 and 22 18). Decibel levels shall be compatible with neighboring uses, and no use shall create ambient noise levels which exceed the following standards:

 

MAXIMUM NOISE STANDARDS BY ZONING DISTRICT

 

Zone of Property Receiving Noise

 

Maximum Decibel Noise Level (Db)

 

OS

Open Space District

60

R

Residential Districts

60

PS

Public and Semi Public District

60

C

Commercial District

65

I

Industrial Districts

70

PD

Planned Development

Study Required

1.    Duration and Timing. The noise standards above shall be modified as follows to account for the effects of time and duration on the impact of noise levels:

a.    In R districts, the noise standard shall be 5 Db lower between 10:00 p.m. and 7:00 a.m.

b.    Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the standards above by 5 Db.

c.    Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the standards above by 10 Db.

2.    Director May Require Acoustic Study. The Public Works Director may require an acoustic study for any proposed projects which could have, or create, a noise exposure greater than that deemed acceptable. (Ord. 3472 § 1, 2012)

3.    Noise Measurement. Noise shall be measured at an appropriate distance from the source with a sound level meter, which meets the standards of the American National Standards Institute (ANSI Section S1.4 1979, Type 1 or Type 2). Noise levels shall be measured in decibels. The unit of measurement shall be designated as Db. A calibration check shall be made of the instrument at the time any noise measurement is made.

4.    Noise Attenuation Measures. The Public Works Director may require the incorporation into a project of any noise attenuation measures deemed necessary to ensure that noise standards are not exceeded. (Ord. 3472 § 1, 2012)

5.    Appeals. Decisions of the Public Works Director may be appealed by the applicant to the Planning Commission in accord with Article 27. (Ord. 3472 § 1, 2012)

B.    Vibration. No use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site.

C.    Odors. No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the property lines of a site.

D.    Glare.

1.    From Glass. Mirror or highly reflective glass shall not cover more than 20 percent of a building surface visible from a street unless an applicant submits information demonstrating to the satisfaction of the Public Works Director that use of such glass would not significantly increase glare visible from adjacent streets or pose a hazard for moving vehicles. (Ord. 3472 § 1, 2012)

2.    From Outdoor Lighting. Parking structure and all project lighting shall be screened so the light source will not be visible off site.

E.    Combustibles and Explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of the Chapter 13: Fire Protection of the Municipal Code, and any other applicable laws.

F.    Radioactive Materials. The use, handling, storage, and transportation of radioactive materials shall comply with the provisions of the California Radiation Control Regulations (California Administrative Code, Title 17), and any other applicable laws.

G.    Hazardous and Extremely Hazardous Materials. The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations (California Administrative Code, Title 22, Division 4), Article 17, Hazardous Materials, and any other applicable laws

H.    Heat and Humidity. Uses, activities, and processes shall not produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity, at the property line of the site on which they are situated, that cause to a reasonable person material distress, discomfort, or injury.

I.    Electromagnetic Interference. Uses, activities, and processes shall not cause electromagnetic interference with normal radio or television reception in R districts, or with the function of other electronic equipment beyond the property line of the site on which they are situated.

J.    Evidence of Compliance. The Public Works Director shall require such evidence of ability to comply with performance standards as he deems necessary prior to issuance of a zoning permit. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

38-112 Distance Between Buildings in a Dwelling Group

The minimum distance between main buildings shall be, as follows:

A.    Minimum distance between buildings: 10 feet

B.    Buildings with front entry to front entry: 30 feet

C.    Buildings built with front entry to rear entry: 30 feet

D.    Buildings built with rear entry to rear entry: 14 feet

E.    Buildings built with one rear entry opening upon a court: 12 feet

F.    Buildings built with one front entry opening upon a court: 20 feet

Every dwelling in a dwelling group shall be within 60 feet of an access road or drive, providing vehicular access from a public street adequate for fire fighting purposes.

Modification of these regulations may be approved by the Planning Commission when the proposed siting of structures on the property and their size and relationship to each other will result in appropriate open space, ingress and egress, and light and air between structures in dwelling groups. In no case shall any separation be reduced below ten feet.

38-112.1 Alcohol Beverage Outlets (Ord 3305, 5/2002)

A.    The City of Monterey may re-open the use permit or require a new use permit for any establishment wherein alcoholic beverages are sold or served on or off the premises if that establishment becomes a public nuisance. Prior to such hearing, the owner or operator of the alcohol beverage outlet shall be given written notification of all conditions which may constitute a public nuisance and given a minimum of 30 days to correct the conditions. The City can refer the issue to an outside community-based counseling group, such as the Hospitality Resource Panel, to help the business correct any conditions during or prior to this 30 day period. The referral is not a requirement but is an option available to the City. The counseling group may choose to make a recommendation to the Planning Commission on the alcohol beverage outlet’s compliance with the conditions.

For purposes of this section, the term “public nuisance” refers to a pattern of disturbance or alcohol related problems which affect at the same time an entire community or neighborhood, or any considerable number of persons, as substantiated by credible evidence from a reliable source including, but not limited to, public testimony, citizen complaints, police reports, fire department reports, code enforcement reports, and violations of City Codes or state laws where such violation is established as constituting a nuisance per se. The term “alcohol related problems” shall include, but is not limited to, unacceptable public behavior, noise, littering, loitering, crimes of violence, interference with the unimpeded use of sidewalks by pedestrians, defacing or damaging property, interference with a neighborhood’s quality of life or image or quiet enjoyment of property, and other similar problems related to the operation of alcoholic beverage outlets. Such nuisances may be abated by the City pursuant to Monterey City Code §§ 1-7 or 1-9 and following.

38-112.2 Limitation on Construction Hours (Ord. 3374; 9/2006)

A.    Construction Hours: The hours for all construction, alteration, remodeling, demolition and repair activities which are authorized by a valid City Building Permit, as well as the delivery and removal of materials and equipment associated with these activities, are limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. Saturday and 10:00 a.m. to 5:00 p.m. Sunday.

B.    Exceptions: A permit to allow an exception to these hours may be issued by the Zoning Administrator following Notice and Public Hearing, in accord with Monterey City Code section 38-159 et seq. Requests for exceptions must show that compliance with the hour limitations would be impractical and that the exception is necessary to accommodate unique factors specific to the property. The exception shall be for a limited duration, and may be conditioned to require renewal after a period of three months.

C.    Exceptions for Oversized Vehicle Deliveries: Oversized vehicles with a valid City of Monterey Transportation Permit, that are allowed by the transportation permit conditions to travel at night, are exempt from the limitation on construction hours. Oversized vehicle deliveries are authorized for delivery only and are subject to all of the provisions of the transportation permit. No construction activities are permitted with the oversized delivery.

D.    Appeals: Decisions of the Zoning Administrator may be appealed by any person, in accord with Monterey City Code section 38-203 et seq.

E.    Notice of Construction Hours: The limitations on construction hours shall be noted on the City Building Permit and approved building plans.

38-112.3 Green Building Regulations (Ord. 3413; 07/2008)

Repealed by Ord. 3490. (Ord. 3424 § 1, 2009)

38-112.4 Personal Wireless Service Facilities (Ord. 3443; 03/2010)

A.    Purpose.

1.    This section is enacted to provide reasonable standards for the placement, design, construction and modification of wireless facilities within the City of Monterey. These regulations are designed to protect and promote public safety, community welfare, and the unique visual quality of the City, while at the same time recognizing the benefit of robust wireless services to the community. This section is intended to use the City’s power to regulate the use of land under Federal and State law, but not to exceed the scope of the City’s authority.

2.    This section does not intend to, and shall not be interpreted or applied to:

a.    Prohibit or effectively prohibit personal wireless services; or

b.    Unreasonably discriminate among providers of functionally equivalent personal wireless services; or

c.    Regulate the installation, operation, collocation, modification or removal of wireless facilities on the basis of the environmental effects of RF emissions to the extent that such emissions comply with all applicable FCC regulations; or

d.    Prohibit or effectively prohibit any collocation or modification that the City may not deny under California or Federal law;

e.    Preempt any applicable California or Federal law.

B.    Applicability--Exemptions.

1.    Applicable Facilities. The provisions in this section shall be applied to all applications for new wireless facilities and all applications for changes to existing wireless facilities pending a final decision on or before the effective date of this section, unless the application qualifies for an exemption.

2.    Exempt Facilities. The provisions in this section shall not be applied to applications for the following wireless facilities:

a.    Amateur radio antennas (including ham and shortwave).

b.    Over-the-air reception devices (“OTARDs”) as defined in 47 CFR Section 1.4000 et seq., as may be amended or superseded, which include without limitation direct-to-home satellite antennas smaller than two feet in diameter.

c.    Wireless facilities owned and operated by the City for its use.

d.    Facilities owned and operated by California Public Utilities Commission-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities subject to CPUC General Order 131-D.

C.    Prohibited Facilities. Any wireless facilities that do not comply with the most current regulatory and operations standards, including but not limited to radio frequency (RF) emission standards adopted by the FCC, are prohibited. Applicant is required to affirm, under penalty of perjury, that the proposed installation will be FCC compliant, in that it will not cause members of the general public to be exposed to RF levels that exceed the levels deemed safe by the FCC. Documentation must be submitted proving that the permit applicant has whatever certificate or license the FCC requires to operate the facility.

D.    Planning Applications and Approvals Required.

1.    Use Permit Review. All new wireless facilities and all substantial changes to existing wireless facilities shall first require an application for a use permit pursuant to Section 38-156 et seq. and approval by the Zoning Administrator.

2.    Section 6409(a) Approval. Any application for a collocation or modification to an existing wireless tower or base station submitted for approval pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (codified as 47 U.S.C. Section 1455(a)) shall require a written application subject to administrative review and approval or denial by the Zoning Administrator pursuant to subsection (D)(2)(a) of this section.

a.    Administrative Review Procedures.

i.    Section 6409(a) Approval Findings. The use permit for existing facilities will be reopened for review by the Zoning Administrator. The Zoning Administrator may grant a Section 6409(a) approval only when he or she finds all the following:

I.    The public notice required by law has occurred.

II.    The project involves the collocation, replacement or removal of transmission equipment on an existing wireless tower or base station.

III.    All prior regulatory approvals required for the initial construction and any later modifications to the tower or base station, if any, were properly obtained.

IV.    The project would not substantially change the physical dimensions of the existing wireless tower or base station.

ii.    Denied Applications for Section 6409(a) Approvals. Any denial of an application for Section 6409(a) approval shall be in writing, contain the reasons for the denial, and be without prejudice to the applicant or the project. The applicant may immediately submit an application for a use permit or a Section 6409(a) approval for substantially the same project; provided, however, that the applicant has paid all fees and costs payable to the City in connection with the previously denied application.

iii.    Referral to the Planning Commission. Any interested party or City staff member may request that a specific application for Section 6409(a) approval be referred to the Planning Commission for review and a decision at a noticed public meeting. The Planning Commission’s review shall be limited to only whether the proposed collocation or modification qualifies for approval pursuant to 47 U.S.C. Section 1455(a). Upon referral, the applicant shall be required to pay the applicable fee for Planning Commission review.

E.    Applications and Submittals.

1.    Application Content. The Planning Department shall develop and maintain detailed application submittal requirements, which shall be made available to the public, and shall be subject to review and oversight by the Planning Commission on an annual basis. All fees for application review shall be nonrefundable unless specifically provided otherwise in a resolution by the City Council.

2.    Presubmittal Conference. Before application submittal, applicants are strongly encouraged to schedule and attend a presubmittal conference with City staff for all wireless facilities applications. The presubmittal conference is intended to foster cooperative discussion between applicants and staff, identify potentially avoidable issues and generally streamline the application review process to occur after the applicant formally submits its application. City staff will endeavor to provide applicants with an appointment between approximately five and 15 working days after a written request for an appointment is received. The Zoning Administrator, in its sole discretion, may waive in writing the required appointments in subsection (E)(3) of this section for an applicant that participates in a presubmittal conference meeting.

3.    Application Submittal Appointment. All applications must be submitted to the City at a prescheduled appointment. Applicants may submit one application per appointment but may schedule successive appointments for multiple applications whenever feasible for the City. City staff will endeavor to provide applicants with an appointment within approximately five working days after a request.

4.    Incomplete Applications Deemed Withdrawn. In the event that an applicant fails to respond to an incomplete notice within 90 calendar days from the notice date, the City shall deem the application withdrawn and the fee is nonrefundable. Upon an applicant’s written request, the Zoning Administrator, in its sole discretion, may extend the 90-day time limit up to an additional 60 calendar days.

F.    Design and Development Standards.

1.    Preferred Designs. All applicants should, to the extent feasible, collocate new facilities and substantial changes to existing facilities with existing wireless facilities. Collocations should, to the extent feasible, be proposed on structures in accordance with the following preferences. The City prefers the following designs, ordered from most preferred to least preferred:

a.    Building-mounted facilities with rooftop-mounted antennas; then

b.    Building-mounted facilities with facade-mounted antennas; then

c.    Public rights-of-way facilities and non-communications utility facilities; then

d.    Freestanding tower facilities.

2.    Preferred Locations. All applicants should propose new facilities and substantial changes to existing facilities in locations according to the following preferences, ordered from most preferred to least preferred:

a.    City-owned or controlled parcels outside of open space districts, residential districts or the H-1, H-2, D-1 overlay zones; then

b.    Parcels in industrial districts; then

c.    Parcels in commercial districts.

3.    Discouraged Locations. All applicants should avoid proposing new facilities and substantial changes to existing facilities in the following locations:

a.    Open space districts;

b.    Residential districts; and

c.    H-1, H-2, D-1, and overlay zones.

4.    General Design and Aesthetic Standards. All new facilities and substantial changes to existing facilities must conform to the standards in this section.

a.    Concealment. Wireless facilities must incorporate concealment measures sufficient to render the facility either camouflaged or stealth, as appropriate for the proposed location and design. All facilities must be designed to visually blend into the surrounding area in a manner compatible with the local community character.

b.    Height. Wireless facilities must not exceed the applicable height limit for structures in the applicable zoning district.

c.    Setbacks. Wireless facilities may not encroach into any applicable setback for structures in the applicable zoning district.

d.    Collocation. Applicants must design their facilities to accommodate future collocated facilities to the extent feasible.

e.    Noise. A wireless facility and all equipment associated with a wireless facility must not generate noise that exceeds the applicable ambient noise limit in the zone where the wireless facility is located. The approval authority body may require the applicant to install noise attenuating or baffling materials and/or other measures, including but not limited to walls or landscape features, as the approval authority deems necessary or appropriate to ensure compliance with the applicable ambient noise limit.

f.    Lights. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights, and must install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The City may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need. All aircraft warning lighting must use lighting enclosures that avoid illumination impacts to properties in the City to the maximum extent feasible.

g.    Signs. No facility may display any signage or advertisements unless expressly allowed by the City in a written approval, recommended under FCC regulations or required by law or permit condition. Every facility shall at all times display signage that accurately identifies the facility owner and provides the facility owner’s unique site number, and also provides a local or toll-free telephone number to contact the facility owner’s operations center.

h.    Fencing or Enclosures. Any fencing or enclosures proposed in connection with a wireless facility must blend with the natural and/or manmade surroundings. Additional landscape features may be required to screen fences. Barbed wire, razor ribbon, electrified fences and similar measures for securing a wireless facility may not be appropriate, except when the applicant demonstrates that the need for such measures significantly outweighs the potential danger to the public.

i.    Landscaping. Landscaping may be required to visually screen facilities from adjacent properties or public view or to provide a backdrop to camouflage the facilities. All proposed landscaping is subject to architectural review approval by the Zoning Administrator, unless the Zoning Administrator refers the landscaping plan to the Architectural Review Committee. Landscaping may be required for the purposes that include, but are not limited to, the following:

i.    To preserve existing on-site and associated access way vegetation and trees to the extent feasible at all times before, during and after construction.

ii.    To minimize disturbance of the existing topography.

iii.    Plant additional trees and other vegetation around the facility, in the vicinity of the site, and along access roads where such vegetation is appropriate to provide screening of wireless facilities and related access roads.

5.    Building-Mounted Facilities.

a.    General Design Preferences. All applicants should, to the extent feasible, propose new nontower facilities according to the following preferences, ordered from most preferred to least preferred:

i.    Completely concealed and architecturally integrated facade or rooftop-mounted base stations with no visible impacts from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials); then

ii.    Completely concealed new structures or appurtenances designed to mimic the support structure’s original architecture and proportions (examples include, but are not limited to, cupolas, steeples, chimneys and water tanks).

b.    Rooftop-Mounted Equipment. The City may approve unscreened rooftop transmission equipment only when it expressly includes a condition of approval that such equipment is effectively concealed due to its low height and setback from the roofline.

c.    Facade-Mounted Equipment. Applicants must conceal all facade-mounted transmission equipment behind screen walls as flush to the facade as practicable. The City may not approve any “pop-out” screen boxes unless such design is architecturally consistent with the original support structure. The City may not approve any exposed facade-mounted antennas, which includes exposed antennas painted to match the facade.

d.    Ground-Mounted Equipment. Outdoor ground-mounted equipment associated with base stations must be avoided whenever feasible. In locations visible or accessible to the public, applicants must conceal outdoor ground-mounted equipment with opaque fences or landscape features that mimic the adjacent structure(s) (including, but not limited to, dumpster corrals and other accessory structures).

6.    Public Rights-of-Way Facilities.

a.    Impact on Public Use. The City shall not approve any facilities, or any equipment or improvements in connection with a facility, in the rights-of-way that unreasonably subject the public use to inconvenience, discomfort, trouble, annoyance, hindrance, impediment or obstruction. As used in this subsection (F)(6)(a), the term “public use” includes physical travel and occupancy as well as social, expressive, and aesthetic functions.

b.    Concealment. All facilities in the rights-of-way must be concealed to the extent feasible with design elements and techniques that blend with the underlying support structure, surrounding environment and adjacent uses.

c.    Undergrounded Equipment. To conceal the non-antenna equipment, applicants shall install all non-antenna equipment underground when proposed in an area where utilities or other equipment or in the right-of-way is primarily located underground. In all other areas, applicants shall underground its non-antenna equipment to the extent feasible, subject to the City’s standard archaeological sensitivity practices. Additional expense to install and maintain an underground equipment enclosure does not exempt an applicant from this requirement, except where the applicant demonstrates by clear and convincing evidence that this requirement will effectively prohibit the provision of personal wireless services. Nothing in this subsection (F)(6)(c) is intended to require the applicant to install any electric meter required by the applicant’s electrical service provider underground.

d.    Ground-Mounted Equipment. To the extent that the equipment cannot be placed underground as required, applicants must install ground-mounted equipment in the location so that it does not obstruct pedestrian or vehicular traffic. The City may require landscaping as a condition of approval to conceal ground-mounted equipment. Ground-mounted equipment shall not be permitted in connection with a street light, traffic signal, utility pole or other similar infrastructure in the public right-of-way. In the event that the City approves ground-mounted equipment, the applicant must conform to the following requirements:

i.    Self-Contained Cabinet or Shroud. The equipment shroud or cabinet must contain all the equipment associated with the facility other than the antenna. All cables and conduits associated with the equipment must be concealed from view.

ii.    Concealment. The City may require the applicant to incorporate concealment elements into the proposed design, including but not limited to public art displayed on the cabinet, strategic placement in less obtrusive locations and placement within existing or replacement street furniture.

e.    Pole-Mounted Equipment. All pole-mounted equipment must be installed as close to the pole as technically and legally feasible to minimize impacts to the visual profile. All required or permitted signage in the rights-of-way must face toward the street or otherwise placed to minimize visibility from adjacent sidewalks and structures. All conduits, conduit attachments, cables, wires and other connectors must be concealed from public view to the extent feasible.

i.    Antennas. The City prefers compact radomes at top of the pole, preferably flush with the pole, rather than equipment that creates arms or hanging appendages. The antenna must be top-mounted and concealed within a radome that also conceals the cable connections, antenna mount and other hardware. A side-mounted antenna may be approved if the City determines that the side-mounted antenna would be more appropriate given the built environment, neighborhood character, and overall site appearance. GPS antennas must be placed within the radome or directly above the radome not to exceed six inches. Pole-mounted antennas shall not increase the pole height by more than two feet and generally shall not exceed the diameter of the pole.

ii.    Pole-Mounted Equipment Cabinets. When pole-mounted equipment is either permitted or required, all equipment other than the antenna(s), electric meter and disconnect switch must be concealed within an equipment cage not extending more than 10 inches beyond the pole centerline on either side. The equipment cage must be nonreflective and painted, wrapped or otherwise colored to match the existing pole. All pole-mounted equipment must be installed as flush to the pole as possible. Any standoff mount for the equipment cage may not exceed four inches and must include metal flaps (or “wings”) to conceal the space between the cage and the pole.

iii.    New and Replacement Poles. If an applicant proposes a new facility in the public rights-of-way, then the applicant must use existing above-ground structures. Replacement of utility poles to support pole-mounted equipment shall be placed as close to the edge of the lot as possible and the centerline of the new pole must be aligned with the centerlines of existing poles within the right-of-way. New poles within the right-of-way, such as monopoles, new street lights and/or faux flag poles, are discouraged, especially where the appearance would be out of character with the surrounding area, and will be permitted only when the applicant demonstrates that no existing or replacement above-ground structures are available. If permitted, new poles shall utilize materials and colors similar to and compatible with existing streetlight or utility poles in the area so as to not be visually obtrusive. In addition, the approval authority may require the applicant to install a decorative or integrated pole designed to conceal the equipment.

iv.    Decorative Light Poles. Pole-mounted facilities are prohibited on decorative light pole fixtures.

f.    Nonreflective Finishes. All above-ground or pole-mounted equipment in the rights-of-way must not be finished with reflective materials as approved by the approval authority.

7.    Freestanding Tower Facilities.

a.    General Design Preferences. All applicants should, to the extent feasible and appropriate for the proposed location, design new towers according to the following preferences, ordered from most preferred to least preferred:

i.    Faux architectural features including, but not limited to, sculptures, clock towers, and flagpoles; then

ii.    Faux trees.

b.    Tower-Mounted Equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its visual profile. Applicants should mount non-antenna, tower-mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors, and utility demarcation boxes) directly behind the antennas to the maximum extent feasible.

c.    Ground-Mounted Equipment. Applicants must conceal ground-mounted equipment with opaque fences or other opaque enclosures. The City may require, as a condition of approval, design and/or landscape features in addition to other concealment when necessary to blend the equipment or enclosure into the surrounding environment.

d.    Concealment Standards for Faux Trees. All permits for faux tree facilities approved under this section are subject to the following required conditions of approval:

i.    The canopy must completely envelop all tower-mounted equipment and extend beyond the tower-mounted equipment at least 18 inches;

ii.    The canopy must be naturally tapered to mimic the particular tree species;

iii.    All tower-mounted equipment, including all antennas, equipment cabinets, cables, mounts and brackets, must be painted flat natural colors to mimic the particular tree species;

iv.    All antennas and other tower-mounted equipment cabinets must be covered with broadleaf or pine needle “socks” to blend in with the faux foliage; and

v.    The entire vertical structure must be covered with permanently affixed three-dimensional faux bark cladding to mimic the particular tree species.

G.    Abandoned or Decommissioned Facilities--Transfer of Ownership.

1.    Procedures for Abandoned or Discontinued Facilities.

a.    To promote the public health, safety and welfare, the Zoning Administrator may declare a facility abandoned or discontinued when:

i.    The permittee notifies the Zoning Administrator that it abandoned or discontinued the use of a facility for a continuous period of 90 days; or

ii.    The permittee fails to respond within 30 days to a written notice sent by certified U.S. Mail, return receipt requested, from the Zoning Administrator that states the basis for the Zoning Administrator’s belief that the facility has been abandoned or discontinued for a continuous period of 90 days; or

iii.    After 10 years, when the permit expires, in the case where the permittee has failed to file a timely application for renewal.

b.    After the Zoning Administrator declares a facility abandoned or discontinued, the permittee shall have 90 days from the date of the declaration (or longer time as the Zoning Administrator may approve in writing as reasonably necessary) to:

i.    Reactivate the use of the abandoned or discontinued facility subject to the provisions of this chapter and all conditions of approval;

ii.    Transfer its rights to use the facility, subject to the provisions of this chapter and all conditions of approval, to another person or entity that immediately commences use of the abandoned or discontinued facility; or

iii.    Remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes consistent with the then-existing surrounding area.

c.    If the permittee fails to act as required in subsection (G)(1)(b) of this section within the prescribed time period, the City Council may deem the facility abandoned at a noticed public meeting. The Zoning Administrator shall send written notice by certified U.S. mail, return receipt requested, to the last-known permittee or real property owner that provides 30 days (or longer time as the Zoning Administrator may approve in writing as reasonably necessary) from the notice date to:

i.    Reactivate the use of the abandoned or discontinued facility subject to the provisions of this chapter and all conditions of approval;

ii.    Transfer its rights to use the facility, subject to the provisions of this chapter and all conditions of approval, to another person or entity that immediately commences use of the abandoned or discontinued facility; or

iii.    Remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area.

d.    If the permittee fails to act as required in subsection (G)(1)(c) of this section within the prescribed time period, the City may remove the abandoned facility, restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area, and repair any and all damages that occurred in connection with such removal and restoration work. The City may, but shall not be obligated to, store the removed facility or any part thereof, and may use, sell or otherwise dispose of it in any manner the City deems appropriate. The last-known permittee or its successor-in-interest and, if on private property, the real property owner shall be jointly liable for all costs incurred by the City in connection with its removal, restoration, repair and storage, and shall promptly reimburse the City upon receipt of a written demand, including any interest on the balance owing at the maximum lawful rate. The City may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest. Until the costs are paid in full, a lien shall be placed on the facility, all related personal property in connection with the facility and, if applicable, the real private property on which the facility was located for the full amount of all costs for removal, restoration, repair and storage. The City Clerk shall cause the lien to be recorded with the County of Monterey Recorder’s Office. Within 60 days after the lien amount is fully satisfied including costs and interest, the City Clerk shall cause the lien to be released with the County of Monterey Recorder’s Office.

2.    Transfer of Ownership. Within 30 days after a permittee transfers any interest in the facility or permit(s) in connection with the facility, the permittee shall deliver written notice to the City. The written notice required in this section must include: (a) the transferee’s legal name; (b) the transferee’s full contact information, including a primary contact person, mailing address, telephone number and email address; and (c) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. Failure to submit the notice required herein shall be a cause for the City to revoke the applicable permits pursuant to and following the procedure set out in Section 38-221.

H.    Notices--Findings--Decisions.

1.    Notice.

a.    Notice Required for a Use Permit. The Zoning Administrator (or, if referred, the Planning Commission) or its designee shall conduct a noticed public hearing in accordance with Section 38-159.

b.    Deemed-Approval Notice. No more than 30 days before the applicable time frame for review expires, the applicant must provide written notice to all persons entitled to notice under this subsection (H)(1) and the City Manager’s office. The notice must contain the following statement: “Pursuant to California Government Code section 65964.1, state law may deem the application approved in 30 days unless the City approves or denies the application, or the City and applicant reach a mutual tolling agreement.”

2.    Use Permit Findings. In addition to the findings required by Section 38-161, the Zoning Administrator (or, if referred, the Planning Commission) shall approve an application for a use permit if supported by substantial evidence, and on the basis of the application, plans, materials and testimony submitted, the Zoning Administrator finds:

a.    The facility is not detrimental to the public health, safety and welfare.

b.    The facility complies with all applicable design and development standards in the City Code.

c.    The facility is designed, constructed and operated in such a manner to minimize the amount of noise impacts to adjacent uses and activities and shall be in conformance with the General Plan and Zoning Ordinance noise exposure standards.

d.    The facility is designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight or attractive nuisances.

e.    The facility does not unreasonably impair or diminish views of and vistas from adjacent properties and designated scenic corridors.

f.    The facility is necessary or desirable for, and compatible with, the neighborhood or community. The City may consider a number of factors, which may include, but shall not be limited to, the proportionality and scale of the facility relative to the surrounding natural and/or manmade environment, the proximity of the facility to residential structures, the compatibility of the facility with uses on adjacent and nearby properties, the surrounding topography, the surrounding tree coverage and foliage, and the compatibility with the values and objectives expressed in the General Plan and any applicable specific plan.

3.    Limited Exception to Required Findings.

a.    Effective Prohibition. In the event that an applicant alleges that strict compliance with any provision in the code would effectively prohibit the applicant’s ability to provide personal wireless services, the Planning Commission may grant an exemption from any requirement in this section when an applicant for a personal wireless services facility demonstrates with clear and convincing evidence that: (i) a gap in the applicant’s service coverage exists; and (ii) all alternative designs and locations identified in the application review process are either technically infeasible or not potentially available as demonstrated through a meaningful comparative analysis. The applicant always bears the burden to demonstrate why an exemption should be granted. The City may rebut the applicant’s showing of a lack of available and feasible alternative sites.

b.    Scope of Exemption. The exemption pursuant to subsection (H)(3)(a) of this section shall be (i) granted on a case-by-case basis; and (ii) narrowly tailored to minimize any deviation from the requirements in the code to the maximum extent feasible.

4.    Written Decision. The reviewing authority shall send the applicant written notice that contains both the decision and the reasons for the decision.

5.    Appeals. Subject to the applicable time frame for application review, and accounting for any tolling periods, any interested party may appeal an action of the approval authority in accordance with Chapter 38, Article 27.

I.    Independent Consultant Review.

1.    Authorization. The City Council authorizes the City Manager or designee to, in his or her discretion, select and retain an independent consultant with expertise in telecommunications satisfactory to the City Manager or designee in connection with any permit application.

2.    Scope. The City Manager or designee may request independent consultant review on any issue that involves specialized or expert knowledge in connection with the permit application. Such issues may include, but are not limited to:

a.    Permit application completeness or accuracy;

b.    Planned compliance with applicable RF exposure standards;

c.    Whether and where a significant gap exists or may exist, and whether such a gap relates to service coverage or service capacity;

d.    Whether technically feasible and potentially available alternative locations and designs exist;

e.    The applicability, reliability and/or sufficiency of analyses or methodologies used by the applicant to reach conclusions about any issue within this scope; and

f.    Any other issue that requires expert or specialized knowledge identified by the City Manager or designee.

3.    Deposit. The applicant must pay for the cost of such review and for the technical consultant’s testimony in any hearing as requested by the City Manager or designee and must provide a reasonable advance deposit of the estimated cost of such review with the City prior to the commencement of any work by the technical consultant. The applicant must provide an additional advance deposit to cover the consultant’s testimony and expenses at any meeting where that testimony is requested by the City Manager or designee. Where the advance deposit(s) are insufficient to pay for the cost of such review and/or testimony, the City Manager or designee shall invoice the applicant who shall pay the invoice in full within 10 calendar days after receipt of the invoice. No permit shall issue to an applicant where that applicant has not timely paid a required fee, provided any required deposit or paid any invoice as required in the code.

J.    Standard Conditions of Approval.

1.    Standard Conditions for Use Permits.

a.    Permit Term. Any validly issued conditional use permit or land use permit for a wireless facility will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, except when California Government Code Section 65964(b), as may be amended, authorizes the City to issue a permit with a shorter term.

b.    Code Compliance. The permittee shall at all times maintain compliance with all applicable Federal, State and local laws, regulations and other rules.

c.    Inspections--Emergencies. The City or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

d.    Contact Information for Responsible Parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Planning Department upon permittee’s receipt of the Planning Department’s written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Planning Department upon that person’s verbal request.

e.    Indemnities. The permittee and, if applicable, the nongovernment owner of the private property upon which the tower and/or base station is installed shall defend, indemnify and hold harmless the City of Monterey, its agents, officers, officials and employees (i) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs of mandamus and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the City’s approval of the permit, and (ii) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, lawsuits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors or independent contractors. In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.

f.    Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility.

g.    General Maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

h.    Graffiti Removal. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the City.

i.    RF Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards.

j.    Build-Out Period. As a condition of approval, the approval authority may establish a reasonable build-out period for the approved facility.

k.    Record Retention. The permittee shall retain full and complete copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation all conditions of approval, approved plans, resolutions and other documentation associated with the permit or regulatory approval. In the event that the City cannot locate any such full and complete permits or other regulatory approvals in its official records, and the permittee fails to retain full and complete permits or other regulatory approvals in the permittee’s files, any ambiguities or uncertainties that would be resolved through an examination of the missing documents will be conclusively resolved against the permittee.

2.    Standard Conditions for Section 6409(a) Approvals.

a.    No Permit Term Extension. The City’s grant or grant by operation of law of a Section 6409(a) approval constitutes a Federally mandated modification to the underlying permit or approval for the subject tower or base station. The City’s grant or grant by operation of law of a Section 6409(a) approval will not extend the permit term for any conditional use permit, land use permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

b.    Accelerated Permit Term Due to Invalidation. In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that Federal law would not mandate approval for any Section 6409(a) approval, the permit or permits issued in connection with such Section 6409(a) approval shall automatically expire one year from the effective date of the judicial order. A permittee shall not be required to remove its improvements approved under the invalidated Section 6409(a) approval when it has submitted an application for either a conditional use permit or land use permit for those improvements before the one-year period ends. The Planning Department may extend the expiration date on the accelerated permit upon a written request from the permittee that shows good cause for an extension.

c.    No Waiver of Standing. The City’s grant or grant by operation of law of a Section 6409(a) approval does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) approval.

d.    Code Compliance. The permittee shall at all times maintain compliance with all applicable Federal, State and local laws, regulations and other rules.

e.    Inspections--Emergencies. The City or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

f.    Contact Information for Responsible Parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Planning Department upon permittee’s receipt of the Planning Department’s written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Planning Department upon that person’s verbal request.

g.    Indemnities. The permittee and, if applicable, the nongovernment owner of the private property upon which the tower and/or base station is installed shall defend, indemnify and hold harmless the City of Monterey, its agents, officers, officials and employees (i) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs of mandamus and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the City’s approval of the permit, and (ii) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, lawsuits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors or independent contractors. In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.

h.    Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility.

i.    General Maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

j.    Graffiti Removal. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the City.

k.    RF Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards.

l.    Build-Out Period. As a condition of approval, the approval authority may establish a reasonable build-out period for the approved facility.

m.    Record Retention. The permittee shall retain full and complete copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation all conditions of approval, approved plans, resolutions and other documentation associated with the permit or regulatory approval. In the event that the City cannot locate any such full and complete permits or other regulatory approvals in its official records, and the permittee fails to retain full and complete permits or other regulatory approvals in the permittee’s files, any ambiguities or uncertainties that would be resolved through an examination of the missing documents will be conclusively resolved against the permittee.

K.    Definitions. Definitions in this section may contain quotations and/or citations to 47 CFR Section 1.40001 et seq. In the event that any referenced section is amended, creating a conflict between the quoted definition and the amended language of the referenced section, the definition in the referenced section, as amended, shall control. The following definitions only apply to this section, Personal wireless service facilities, and shall not be construed to define the same terms found in any other section of this code.

“Base station” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(1), as may be amended, which defines that term as follows:

A structure or equipment at a fixed location that enables [FCC]-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in [47 CFR Section 1.40001(b)(9)] or any equipment associated with a tower.

(i)    The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(ii)    The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).

(iii)    The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in paragraphs (b)(1)(i) through (ii) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

(iv)    The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in paragraphs (b)(1)(i)--(ii) of this section.

Note: As an illustration and not a limitation, the FCC’s definition refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles and transmission towers, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station.

“Camouflaged” means a wireless facility to which the applicant applies some concealment techniques in order to blend the equipment into the surrounding area or to appear to be an object that is congruent with its environment, but the equipment or the concealment technique is readily apparent to the observer.

Examples include, but are not limited to: (1) facade- or rooftop-mounted pop-out screen boxes; (2) antennas mounted within a radome above a streetlight; or (3) faux trees either as the only tree in the vicinity or inconsistent with other tree species in the vicinity.

“Collocation” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(2), as may be amended, which defines that term as “[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.” As an illustration and not a limitation, the FCC’s definition effectively means “to add” and does not necessarily refer to more than one wireless facility installed at a single site.

“CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency.

“Distributed antenna system” or “DAS” means a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas or convention centers which provide access and signal transfer for wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a “hub” or “hotel” where the DAS network is interconnected with one or more wireless service provider’s facilities to provide the signal transfer services.

“Eligible facilities request” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(3), as may be amended, which defines that term as “[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment.”

“Eligible support structure” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(4), as may be amended, which defines that term as “[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the State or local government under this section.”

“Existing” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(4), as may be amended, which provides that “[a] constructed tower or base station is existing for purposes of [the FCC’s Section 6409(a) regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.”

“FAA” means the Federal Aviation Administration or its duly appointed successor agency.

“FCC” means the Federal Communications Commission or its duly appointed successor agency.

“OTARD” means antennas covered by the FCC’s “Over-the-Air Reception Devices” rule in 47 CFR Section 1.4000 et seq., as may be amended.

“Personal wireless service facilities” means the same as provided in 47 U.S.C. Section 332(c)(7)(C)(ii), as may be amended, which defines the term as “facilities for the provision of personal wireless services.”

“Personal wireless services” means the same as provided in 47 U.S.C. Section 332(c)(7)(C)(i), as may be amended, which defines the term as “commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services.”

“Public rights-of-way” means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved and dedicated to the general public for street, highway, alley, public utility or pedestrian walkway purposes, whether or not the land has been improved or accepted for maintenance by the City. Public right-of-way includes but is not limited to street, roadway, planter strip and sidewalk.

“Radome” means a weatherproofed enclosure (typically constructed from fiberglass or plastic material) that protects and conceals an antenna or antennas contained therein.

“RF” means “radio frequency” or electromagnetic waves between 30 kHz and 300 GHz in the electromagnetic spectrum range.

“Section 6409(a)” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. Section 1455(a), as may be amended.

“Site” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(6), as may be amended, which provides that “[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.”

“Stealth” means concealment techniques that completely screen all associated equipment from public view and are so integrated into the surrounding natural or manmade environment that the observer does not recognize the structure as a wireless facility.

Examples include, but are not limited to: (1) wireless equipment placed completely within existing architectural features such that the installation causes no visible change to the underlying structure; (2) new architectural features that match the underlying building in architectural style, physical proportion and construction-materials quality; (3) flush-to-grade underground equipment vaults with flush-to-grade entry hatches, with wireless equipment placed completely within.

“Substantial change” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(7), as may be amended, which defines that term differently based on the particular facility type and location. For clarity, the definition in this chapter organizes the FCC’s criteria and thresholds for a substantial change according to the facility type and location.

(1)    For towers outside the public rights-of-way, a substantial change occurs when:

(a)    The proposed collocation or modification increases the overall height more than 10 percent or the height of one additional antenna array not to exceed 20 feet (whichever is greater); or

(b)    The proposed collocation or modification increases the width more than 20 feet from the edge of the wireless tower or the width of the wireless tower at the level of the appurtenance (whichever is greater); or

(c)    The proposed collocation or modification involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four; or

(d)    The proposed collocation or modification involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site.

(2)    For towers in the public rights-of-way and for all base stations, a substantial change occurs when:

(a)    The proposed collocation or modification increases the overall height more than 10 percent or 10 feet (whichever is greater); or

(b)    The proposed collocation or modification increases the width more than six feet from the edge of the wireless tower or base station; or

(c)    The proposed collocation or modification involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or

(d)    The proposed collocation or modification involves the installation of any new ground-mounted equipment cabinets that are 10 percent larger in height or volume than any existing ground-mounted equipment cabinets; or

(e)    The proposed collocation or modification involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground.

(3)    In addition, for all towers and base stations wherever located, a substantial change occurs when:

(a)    The proposed collocation or modification would defeat the existing concealment elements of the support structure as determined by the Director; or

(b)    The proposed collocation or modification violates a prior condition of approval; provided, however, that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change described in this section.

Note: The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012--the date that Congress passed Section 6409(a).

“Tower” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(9), as may be amended, which defines that term as “[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.” Examples include, but are not limited to, monopoles, mono-trees and lattice towers.

“Transmission equipment” means the same as defined by the FCC in 47 CFR Section 1.40001(b)(8), as may be amended, which defines that term as “[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.”

“Wireless” means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.

“Wireless facility” or “wireless facilities” means an installation used to transmit and/or receive signals over the air from facility to facility or from facility to user equipment for any wireless service and includes, but is not limited to, personal wireless services facilities. (Ord. 3552 § 2, 2016; Ord. 3498 § 2, 2014; Ord. 3443 § 1, 2010)

38-112.5 Density Bonus

A.    Purpose. California Government Code Section 65915 (known as the State Density Bonus Law) requires the City to offer certain density bonuses or incentives to developers who guarantee that a portion of their housing development will be affordable by persons of very low, low, or moderate income, thus expanding affordable housing opportunities throughout the City. To the extent practicable, the citation to the governing statutory provision is included next to the implementing text section. If any provision of this section conflicts with State law, the latter shall control. Applicable statutes should be consulted for amendments prior to applying the ordinance provision.

B.    Applicability. The density bonuses and incentives contained in this section shall apply to housing developments eligible for a density bonus under the State Density Bonus Law. When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City’s jurisdiction that meets the requirements set out in California Government Code Section 65915, the actions and procedures set out in this section shall apply. The burden is on the applicant to show that the housing development meets such requirements. The density bonus provisions of California Government Code Sections 65915 through 65918 (State Density Bonus Law), as may be amended from time to time, are incorporated by reference into this section. The City reserves the right to review applications for a density bonus in accordance with California Government Code Sections 65915 through 65918.

C.    Definitions. In addition to the definitions in Section 38-11, the following definitions apply to this section and shall control where there is a conflict with the definitions in Section 38-11. State law definitions, as they may be amended from time to time, control over the definitions in this section. Where the definitions are provided by State law, the citation to the statute follows.

1.    Affordable Housing: Dwelling units with a sales price or rent within the means of very low-income households, as defined in Health and Safety Code Section 50105; low-income households, as defined in Health and Safety Code Section 50079.5; or moderate-income households, as defined by Health and Safety Code Section 50093. As used in this Development Code:

2.    Affordable Housing Benefits: Means one or more of the following:

a.    A density bonus pursuant to subsection (G) of this section.

b.    An incentive pursuant to subsection (K) of this section.

c.    A development standard waiver or modification pursuant to subsection (N) of this section.

d.    A parking standard modification pursuant to subsection (O) of this section.

3.    Affordable Housing Cost: The definition set forth in Health and Safety Code Section 50052.5. (Government Code Section 65915(c)(1).)

4.    Affordable Housing Developer: The applicant or permittee of a qualified housing development and its assignees or successors in interest.

5.    Affordable Rent: The definition set forth in Health and Safety Code Section 50053. (Government Code Section 65915(c)(1).)

6.    Child Care Facility: A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school age child care centers. (Government Code Section 65915(h)(4).)

7.    Common Interest Development: Any of the following: a community apartment project, a condominium project, a planned development, and a stock cooperative pursuant to Civil Code Section 4100. All common interest development units must be offered to the public for purchase. (Government Code Section 65915(b)(1)(D).)

8.    Condominium Conversion Project: A residential project in which the applicant proposes to convert apartment units to condominiums pursuant to Government Code Section 65915.5(a).

9.    Density Bonus: A density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the City. (Government Code Section 65915(f).)

10.    Density Bonus Units: Dwelling units granted pursuant to subsection (D) of this section which exceed the otherwise maximum allowable residential density.

11.    Development Code: The City Development Code set forth in this chapter.

12.    Development Standard: A site or construction condition, including but not limited to a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio, that applies to a residential development pursuant to the Development Code, the General Plan, or other City condition, law, policy, resolution, or regulation. (Government Code Section 65915(o)(1).)

13.    Housing Development: A development project of five or more residential units or a subdivision or common interest development that is approved by the City and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would be a net increase in available residential units. (Government Code Section 65915(i).)

14.    Incentive: Means “incentives and concessions” as that phrase is defined in Government Code Section 65915(k).

15.    Market-Rate Unit: A dwelling unit that is not an affordable unit.

16.    Maximum Allowable Residential Density: The density allowed under the Development Code and the Land Use Element of the General Plan, or if a range of density is permitted, means the maximum allowable density for the specific district density range applicable to the project. If the density allowed under the Development Code is inconsistent with the density allowed under the Land Use Element of the General Plan, the General Plan density shall prevail. (Government Code Section 65915(o)(2).)

17.    Minimum Affordable Housing Component: A housing development project which includes a minimum of any of the following:

a.    Very Low-income Minimum Affordable Housing Component. Provides at least five percent (5%) of the total units for very low-income household residents (Government Code Section 65915(b)(1)(B)); or

b.    Low-Income Minimum Affordable Housing Component. Provides at least ten percent (10%) of the total units for low-income households (Government Code Section 65915(b)(1)(A)); or

c.    Moderate-Income Minimum Affordable Housing Component. Provides at least ten percent (10%) of the total dwelling units in a Common Interest Development for moderate-income households. (Government Code Section 65915(b)(1)(D).)

18.    Other Incentives of Equivalent Financial Value: The reduction or waiver of requirements which the City might otherwise apply as conditions of condominium conversion approval, but shall not be construed to require the City to provide cash transfer payments or other monetary compensation. (Government Code Section 65915.5(c).)

19.    Qualified Housing Development: A housing development that meets the requirements of subsection (D) of this section for density bonus.

20.    Qualified Land: Land offered for donation in accordance with subsection (J) of this section that meets the criteria set forth in subsection (J) of this section.

21.    Senior Citizen Housing Development: A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. (Government Code Section 65915(b)(1)(C).)

22.    Specific, Adverse Impact: A significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application for the housing development was deemed complete. Inconsistency with the Development Code or General Plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (Government Code Section 65589.5(d)(2).)

23.    Total Units and Total Dwelling Units: Dwelling units other than density bonus units. (Government Code Section 65915(b)(3).)

D.    Eligibility for Density Bonus and Incentives.

1.    Density bonuses are available to affordable housing developers per Government Code Section 65915(b)(1) which specifies that an applicant must pick one category (e.g., low income, very low income, moderate income, or senior) to calculate the bonus; there is no “mix-and-match” provision; and the following shall apply:

a.    Housing developments which include a minimum affordable housing component (subsection (G) of this section);

b.    Housing developments which include a minimum affordable housing component and a child care facility (subsection (H) of this section);

c.    Senior citizen housing developments (subsection (I) of this section); and

d.    Land donations for very low-income housing (subsection (J) of this section). Notwithstanding the above, to be eligible to receive a density bonus, a housing development must provide replacement housing consistent with Government Code Section 65915(c)(3).

2.    For the purpose of calculating a density bonus, the residential units must be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. (Government Code Section 65915(i).)

E.    Application and Fees Required.

1.    Application Filing and Processing. When an applicant seeks a density bonus for a housing development that meets the criteria set out in subsection (G) of this section (California Government Code Section 65915) the affordable housing developer must comply with all of the following requirements:

a.    File an application for a density bonus in accordance with this section and subsection (P) of this section that includes a minimum affordable housing component, in connection with the first discretionary review required for the project; however, if no discretionary approvals are required for project approval, a density bonus in and of itself is not subject to a separate discretionary approval under Government Code Section 65915(h)(5);

b.    State in the application the specific affordable housing component proposed for the housing development (Government Code Section 65915(b)(2)); and

c.    Enter into an agreement with the City or its designee pursuant to subsection (R) of this section to maintain and enforce the affordable housing component of the housing development. (Government Code Section 65915(c).)

2.    Application Fees. Application fees shall be as set by the City Council by resolution.

a.    Any reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in subdivision (k) of Government Code Section 65915, and City staff determines that the study requires the expertise of a consultant or legal counsel, City staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation and before the City Council decides the application, city staff shall determine the actual cost of the work and the difference between the actual cost and the amount paid by the applicant, and shall require the applicant to pay any deficiency or shall refund to the applicant any excess.

F.    Effect of Proposal for Waiver or Reduction of Development Standards. A proposal for the waiver or reduction of development standards pursuant to subsection (N) of this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to California Government Code Section 65915(d).

G.    Determination of Density Bonus. If the requirements of subsection (D) of this section are met, then the affordable housing developer is entitled to a density bonus pursuant to Government Code Section 65915(f) as follows:

 

Table 38-112.5(G)-1
Density Bonus Allowance for Housing Development Projects with
Affordable Housing Component 

Household Income Category

Minimum Percent of Affordable Units

Minimum Density Bonus

Additional Density Bonus for Each 1% Increase in Affordable Units

Percent of Affordable Units for Maximum Density Bonus

Maximum Possible Density Bonus

Affordable Housing Development

Very Low Income

5%

20%

2.50%

11%

35%

Low Income

10%

20%

1.50%

20%

35%

Moderate Income (Common Interest Developments)

10%

5%