CHAPTER 38 - ZONING ORDINANCE

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

38-9 Purpose and Applicability

38-10 Rules for Construction of Language

38-11 Definitions

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

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

Article 17 Regulations Applying in All Districts

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

38-107 Underground Utilities

38-108 Antennae and Microwave Equipment

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 Green Building Regulations (Ord 3413; 07/2008)

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

38-126 Reserved

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 Above-Ground Storage Tanks (Ord 3326; 06/2003)

38-133 Appeals

Article 20 Recycling Facilities

38-134 Purpose

38-135 Definitions

38-136 Permit Required

38-137 Appeals

38-138-149 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 Deputy City Manager of Plans and Public Works

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 Deputy City Manager of Plans and Public Works

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 Deputy City Manager of Plans and Public Works

38-186 Duties of Development Review Committee

Article 25 Architectural Approval

38-187 Purpose

38-188 Applicability

38-189 Scope of Review

38-190 Application Procedures

38-191 Submittal Requirements

38-192 Required Findings

38-193 Duration, 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

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 Deputy City Manager of Plans and Public Works 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. 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 Deputy City Manager of Plans and Public Works 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 Deputy City Manager of Plans and Public Works.

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 Deputy City Manager of Plans and Public Works 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 Deputy City Manager of Plans and Public Works may be appealed to the Planning Commission, as provided in Article 27. (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

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

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.

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)

Deputy City Manager of Plans and Public Works: The Deputy City Manager of Plans and Public Works or designee.

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.

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.

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

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 Deputy City Manager of Plans and Public Works shall determine the location of the front yard.

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.

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.

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.

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.

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.

Temporary Use: A use, conducted outdoors or within a completely enclosed building for a period of time, not to exceed 90 consecutive days during any given year. (Ord 3326; 06/2003)

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. 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 Deputy City Manager of Plans and Public Works 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 Deputy City Manager of Plans and Public Works 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 Deputy City Manager of Plans and Public Works’s decision may be appealed to the Planning Commission, as provided in Article 27. (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 Utilities (Major). This classification includes radio, television, or recording studios; telephone switching centers; and telegraph offices.

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, massage establishments, and escort services. (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)

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 Deputy City Manager of Plans and Public Works, 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. 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), or communications facilities 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. 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.

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	No more than two boarders or lodgers.
		Rooms shall not contain kitchen facilities.
Day Care, Ltd.	P
Employee Living Quarters	U
Guest House	U
Residential Care, Ltd.	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
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 Deputy City Manager of Plans and Public Works

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

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.

(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.

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).

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	No more than two boarders or lodgers. 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

Public and Semi-public Uses

Day Care, Large Family	U	See Section 38-26(J)
Park and Recreation Facilities	U
Public Safety 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 Deputy City Manager of Plans and Public Works

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

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.

(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.

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.

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).

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. Prohibition of Second Units. An accessory or second dwelling unit shall not be allowed on any lot in an R-1 district with an existing single-family dwelling. This prohibition is enacted for the following reasons:

1. While the issue of affordable housing may be a matter of state-wide concern, the adoption and implementation of programs to provide affordable housing is a matter of local concern and a municipal affair. Further, Government Code Section 65852.1 and 65852.2 are contrary to the municipal affairs doctrine of Article 11, Section 7 of the California Constitution and inapplicable to the City of Monterey.

2. The City of Monterey permitted second units between 1982 and 1986, but only 21 second units were created during this period of time. Second units have not proven to be an effective means of providing affordable housing and the City of Monterey has other, more effective programs.

3. Although adoption of a prohibition of second units may limit housing opportunities of the region, the City has determined in Ordinance No. 2699 that second units have specific adverse impacts on public health, safety and welfare that justify the adoption of this prohibition.

Guest houses are not subject to this prohibition.

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. 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	No more than two boarders or lodgers. 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

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
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

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 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.

(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.

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.

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)).

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	No more than two boarders or lodgers. Rooms shall not contain kitchen facilities.
Condominiums	U

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
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

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

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) No single-family dwelling with more than 35% floor area ratio shall be converted to multiple family units (more than one unit on a lot), with the exception that on lots 5,000 square feet or larger, there may be a second unit if it is attached to the primary unit.

(l) On lots 5,000 square feet or larger, 40% FAR for a secondary unit that is attached to the primary unit.

(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.

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.

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)).

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.

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 Deputy City Manager of Plans and Public Works shall issue this certificate if the manufactured home meets the design and location criteria of this section.

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. Low- and Moderate-Income Housing.

1. Purpose. California Government Code Section 65915 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 low and moderate income, thus expanding housing opportunities for low- and moderate-income persons throughout the City.

2. Definitions. For purposes of this section, “affordability” shall be determined as follows:

a. A “for sale” unit is affordable to a moderate-income household if the total

monthly payment required by the household to purchase and occupy the unit does not exceed 35 percent of the monthly income of a family (of the appropriate family size for the unit per the occupancy standards of the U.S. Department of Housing and Urban Development) with a monthly income equal to 100 percent of the Metropolitan Statistical Area median income.

b. A new rental unit is affordable to a low- or moderate-income family if the total housing cost (including rent and utilities) does not exceed 30 percent of the monthly income of a family (of the appropriate family size for the unit per the occupancy standards of the U.S. Department of Housing and Urban Development) with a monthly income equal to 80 percent of the Metropolitan Statistical Area median income.

c. An existing rental unit is affordable to a low- or moderate-income household if the total housing cost including rent and utilities does not exceed the prevailing fair market rent published by the U.S. Department of Housing and Urban Development.

3. Determination of Incentive. A developer of a project including five or more units in which (1) at least 25 percent of the total units are affordable to low- or moderate-income persons or families, as defined by the California Health and Safety Code, Section 50093, or (2) at least 10 percent of the units are made affordable for lower-income households, as defined by the California Health and Safety Code, Section 50079.5, may request that the City grant an incentive of financial value equivalent to a 25 percent density bonus. Within 90 days of receiving a request for such an incentive, the City Council shall hold a duly noticed public hearing on the request. Following the hearing, the City Council may grant such incentives as are appropriate and consistent with the General Plan and the purposes of this ordinance which do not conflict with any other provision of this ordinance or the City Code. No density bonus is permitted.

4. Housing Incentive Agreement Required. After City Council approval of a request of incentives, the developer shall be required to enter into an agreement with the City to provide low- and moderate-income housing. This Housing Incentive Agreement shall include, but not be limited to, the following provisions:

a. The proportion of the total units that will be affordable by persons and families of low- or moderate-incomes shall be specified.

b. A commitment that the affordable units will remain available and affordable by persons and families of low- or moderate-income.

c. A requirement that the units affordable by persons and families of low- or moderate-income be identified on building plans submitted for architectural review and described in the application for a low- and moderate-income housing incentive.

d. A requirement that resale controls be included as a deed restriction to ensure continued affordability.

e. A description of the specific incentives that the City will make available to the developer and any condition pertaining to them.

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 Deputy City Manager of Plans and Public Works 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.

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. (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

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
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
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 Deputy City Manager of Plans and Public Works

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

(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.

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

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
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
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 Deputy City Manager of Plans and Public Works

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

(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.

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
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