Monterey City Zoning Code

PART II

Base District Regulations

Sec. 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.

Sec. 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.

		Additional Regulations
Residential Uses

Single-family Residential	P
With more than one kitchen	U
With boarders or lodgers	P	Rooms shall not contain kitchen facilities.
Day Care, Ltd.	P
Employee Living Quarters	U
Guest House	U
Residential Care, Ltd.	P
Supportive Housing	P
Transitional Housing	P
Accessory Dwelling Units	P	See Section 38-112.6
Junior Accessory Dwelling Units	P	See Section 38-112.6

Public and Semi-public Uses

Day Care, Large Family	U	See Section 38-26(J)
Park and Recreation Facilities	U
Public Safety Facilities	U
PWS Facilities	U
Religious Assembly	U
Residential Care, General	U
Schools, Public or Private	U
Utilities, Major	U
Utilities, Minor	P

Accessory Uses

Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios. Bath facilities are limited to a half bath, and a full bath is not permitted.		See Section 38-26

Temporary Uses		Require administrative approval by the Community Development Director

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

(Ord. 3653 § 19, 2022; Ord. 3641 § 7, 2021; Ord. 3560 § 3, 2017; Ord. 3554 § 3, 2016; Ord. 3495 § 2, 2014; Ord. 3472 § 1, 2012; Ord. 3443 § 5, 2010)

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

	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:

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.

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

bA 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.

c20 percent of the lot width but not more than 25 feet.

dA 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.

e25 percent of the lot width but not more than 30 feet.

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

gExcluding 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.

a.Number of Off-Street Parking Spaces Required:

Single-Family Dwelling	2, including 1 covered.
Guest House	1
Other use classifications	See Article 17.

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

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

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

6.Supplemental Regulations and Exceptions for Substandard Lots:

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

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

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

8.Nonconforming Structures: See Article 28.

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

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

FENCES AND WALLS
*(The diagram is illustrative)*

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

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

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

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

a.Adopted Neighborhood Compatibility Design Guidelines:

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

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

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

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

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

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

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

Applications for new construction, exterior alterations, and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee. Architectural Review Committee approval shall be required if: (Ord. 3653 § 19, 2022)

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)

Sec. 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.

		Additional Regulations
Residential Uses

Single-family Residential	P
With more than one kitchen	U
With boarders or lodgers	P	Rooms shall not contain kitchen facilities.
Day Care, Ltd.	P
Guest House	U	Prohibited on lots less than 8,000 square feet in size. See Section 38-26 R (Ord. 3246 § 1, 1999)
Residential Care, Ltd.	P
Supportive Housing	P
Transitional Housing	P
Accessory Dwelling Units	P	See Section 38-112.6
Junior Accessory Dwelling Units	P	See Section 38-112.6

Public and Semi-public Uses

Day Care, Large Family	U	See Section 38-26(J)
Park and Recreation Facilities	U
Public Safety Facilities	U
PWS Facilities	U
Religious Assembly	U
Residential Care, General	U
Schools, Public or Private	U
Utilities, Major	U
Utilities, Minor	P

Accessory Uses

Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios. Bath facilities are limited to a half bath, and a full bath is not permitted.		See Section 38-26

Temporary Uses		Require administrative approval by the Community Development Director

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

(Ord. 3653 § 19, 2022; Ord. 3641 § 8, 2021; Ord. 3560 § 4, 2017; Ord. 3554 § 4, 2016; Ord. 3495 § 2, 2014; Ord. 3472 § 1, 2012; Ord. 3443 § 5, 2010)

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

	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.

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.

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

bA 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.

c20 percent of lot width, but not less than 10 feet, or more than 15 feet.

dA 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.

e25 percent of lot width, but not less than 15 feet, or more than 20 feet.

fOn 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.

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.

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.

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

a.Adopted Neighborhood Compatibility Design Guidelines:

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

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

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

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

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

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:

Lots less than 3,600 square feet:	0.35
Lots 3,600 square feet or more:	0.40

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

2.Maximum Height: 25 feet

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

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

5.Number of Off-Street Parking Spaces:

Lots 3,600 square feet or more:	2, including 1 covered
Lots less than 3,600 square feet:	1 covered space

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

F.Repealed.

All applications for new construction, exterior alterations, and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee. Architectural Review Committee approval shall be required for single-family residences if: (Ord. 3653 § 19, 2022)

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

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

3.The building site exceeds 15 percent slope; or

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

Sec. 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.

		Additional Regulations
Residential Uses
Single-family Residential	P
With Boarders or Lodgers	P	Rooms shall not contain kitchen facilities.
Multi-family Residential
Four or more units	U
Three or fewer units	P
All other projects	U	Planning Commission approval required.
Condominium	U
Day Care, Ltd.	P
Residential Care, Ltd.	P
Supportive Housing -- four or more units	U
Transitional Housing -- four or more units	U
Supportive Housing -- three or fewer units	P
Transitional Housing -- three or fewer units	P
Accessory Dwelling Units	P	See Section 38-112.6
Junior Accessory Dwelling Units	P	See Section 38-112.6

Commercial Uses
Horticulture, Ltd.		Greenhouses not to exceed 500 sq.ft.

Public and Semi-public Uses
Clubs and Lodges	U
Day Care, Large Family	U	See Section 38-26(J)
Day Care, General	U
Park and Recreation Facilities	U
Public Safety Facilities	U
PWS Facilities	U
Religious Assembly	U
Residential Care, General	U
Schools, Public or Private	U
Utilities, Major	U
Utilities, Minor	P

Accessory Uses
Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios.		See Section 38-26

Temporary Uses
Commercial Filming, Ltd.	U
Personal Property Sales	P
Street Fairs	U

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

(Ord. 3641 § 9, 2021; Ord. 3554 § 5, 2016; Ord. 3495 § 2, 2014; Ord. 3443 § 5, 2010)

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

	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.

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.

a2,500 square feet in the R-2-5 District.

bShall 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.

c20 percent of lot width; 10 foot minimum, 15 foot maximum.

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

eFor 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.

fFor 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.

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

h20 feet for two story structures Ord 3266 §1, 1999

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.

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.

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.

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

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

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

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

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

a.Adopted Neighborhood Compatibility Design Guidelines;

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

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

d.Architectural Review Committee adopted Tree Protection Standards; and

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

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

All applications for new construction or exterior alterations and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee. Architectural Review Committee approval shall be required for single-family residences if: (Ord. 3653 § 19, 2022)

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)

Sec. 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.

		Additional Regulations
Residential Uses
Multi-family Residential
Four or more units	U
Three or fewer units	P
All other projects	U	Planning Commission approval required.
Condominium	U
Day Care, Ltd.	P
Group Residential	P
Residential Care, Ltd.	P
Single-family Residential	P
With Boarders or Lodgers	P	Rooms shall not contain kitchen facilities.
Condominiums	U
Supportive Housing -- four or more units	U
Transitional Housing -- four or more units	U
Supportive Housing -- three or fewer units	P
Transitional Housing -- three or fewer units	P
Accessory Dwelling Units	P	See Section 38-112.6
Junior Accessory Dwelling Units	P	See Section 38-112.6

Public and Semi-public Uses
Clubs and Lodges	U
Cultural Institutions	U
Day Care, Large Family	U	See Section 38-26(J)
Day Care, General	U
Park and Recreation Facilities	U
Public Safety Facilities	U
PWS Facilities	U
Religious Assembly	U
Residential Care, General	U
Schools, Public or Private	U
Utilities, Major	U
Utilities, Minor	P

Accessory Uses
Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios.		See Section 38-26

Temporary Uses
Commercial Filming, Ltd.	U
Personal Property Sales	P
Street Fairs	U

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

(Ord. 3641 § 10, 2021; Ord. 3560 § 6, 2017; Ord. 3554 § 6, 2016; Ord. 3495 § 2, 2014; Ord. 3443 § 5, 2010)

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

	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.

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.

aShall 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.

b20 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.

c35%, 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.

dThe 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.

eNo 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.

fThe 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%.

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

hFor 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.

iFor 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.

jFor 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.

kRepealed by Ord. 3560.

lRepealed by Ord. 3560.

m20 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.

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.

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.)*

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.

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

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

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

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

14. Non-conforming structures.See Article 28.

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

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

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

a.Adopted Neighborhood Compatibility Design Guidelines:

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

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

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

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

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

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

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

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

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)

Sec. 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.Repealed by Ord. 3620 . (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 Community Development Director 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. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

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

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

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

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

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

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

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

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

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

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

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

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

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

I.Repealed.

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 Community Development Director after a Notice of Public Hearing is provided for in this chapter, and only if all of the following findings can be made:

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

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

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

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

(5)If more than three dogs are to be maintained on the premises, adequate measures have been taken to prevent excessive noise from barking to occur. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

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

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

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 Public Works Department. (Ord. 3653 § 19, 2022)

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.

(1)Unless an exception is granted per Section 33-2.00(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.

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. 3560 § 8, 2017; Ord. 3554 § 12, 2016; Ord. 3424 § 1, 2009; Ord. 3246 § 1, 1999)

Sec. 38-26.1. Two-Unit Development.

This section was recently added by Ordinance 3710, codified in September 2025.

A. Purpose.This section sets forth special regulations applicable to the construction of two dwelling units in the single-family zoning districts pursuant to Government Code Section 65852.21. In the event of a conflict between the provisions of this section and the generally applicable regulations in this Chapter, the more permissive provisions shall prevail.

B. Application Process.The City shall ministerially review and approve or deny an application for a two-unit development in single-family zoning districts as provided by Government Code Section 65852.21 and this Article. Applications for a two-unit development shall be submitted to, and made on forms kept and updated by, the Community Development Director, who shall be responsible for determining within 60 days of receipt of a completed application whether a two-unit development application meets the requirements for ministerial approval.

C. Denial.A two-unit development shall be denied for any parcel:

1.Described in Government Code Sections 65913.4(a)(6)(B) through (a)(6)(K), incorporated herein by reference, as that section read on September 16, 2021. Such parcels include, for example, parcels located in earthquake fault zones, hazardous waste sites, wetlands, very high fire severity zones (unless the site has adopted certain fire hazard mitigation measures), and in special flood hazard areas or regulatory floodways, protected habitats, etc.;

2.That requires demolition or alteration of any of the following types of housing:

a.Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low or very low income.

b.Housing that is subject to any City ordinance imposing rent control.

c.Housing that has been occupied by a tenant in the last three years.

d.A parcel on which an owner exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw a unit from rent or lease within the past 15 years;

3.Located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated as a City landmark or historic property or historic district pursuant to a City ordinance;

4.Created by an urban lot split under Article 7 of Chapter 33 of this code that would result in more than two units of any kind per parcel, including primary dwelling units, accessory dwelling units, junior accessory dwelling units, on parcels unless there is compliance with the affordability criteria set forth in subsection (G) of this section; or

5.If the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D. Approval.A two-unit development shall be ministerially approved if the following criteria are met:

1.The parcel is located in a single-family residential zoning district.

2.The dwelling units in the two-unit development may be new construction and/or converted from an existing, permitted structure that meets the requirements of this Article.

3.The proposed two-unit development complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:

a.The application of such standards shall be modified as required to physically allow the construction of two units up to 800 square feet each.

b.Notwithstanding subsection (D)(3)(a) of this section, required rear and side yard setbacks shall equal at least four feet, except that no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

4.As defined in Section 37-2, protected tree(s) whose dripline is within the proposed footprint of any unit constructed in a development at the time of application shall be replaced on site. The replacement ratio shall be two replacement trees per tree impacted. Replacement tree(s) shall be provided in addition to all other required landscaping pursuant to objective standards and shall be installed prior to final occupancy of the proposed development. The replacement tree(s) shall be minimum 15-gallon container size at time of planting and be of the same size or a greater size at maturity as the tree(s) being removed. The replacement tree(s) shall be any one or more of the species listed on the City of Monterey Urban Forestry’s online list of trees suitable for Monterey, unless the tree(s) being removed are Monterey Pine, Monterey Cypress, or Coast Live Oak, then the replacement trees shall be of those same species.

5.Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed sufficiently to allow separate conveyance. The proposed dwelling units shall provide a new or separate utility connection, including a separate sewer lateral, between the proposed dwelling units and the utility. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the proposed dwelling units or their drainage fixture unit (DFU) values. Separate electric and water submeters shall be required for the proposed dwelling units. Separate water meters shall be required for the proposed dwelling units when the City’s water purveyor is allowed to establish new water meters.

6. Parking.One off-street parking space shall be required per unit constructed via the procedures set forth in this Article, except that the City shall not require any parking where:

a.The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

b.There is a designated parking area for one or more car share vehicles within one block of the parcel.

7.Dwelling units created by a two-unit development may be used for residential uses only and may not be used for rentals of less than 30 days.

8.If any existing dwelling unit is proposed to be demolished, the owner will comply with the replacement housing provisions of Government Code Section 66300.5 or successor provision.

E. Declaration of Prior Tenancies.If any existing housing is proposed to be altered or demolished, the owner of the property proposed for a two-unit development shall sign an affidavit, in the form approved by the City Attorney, stating that none of the conditions listed in subsections (C)(2)(c) and (C)(2)(d) of this section exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).

F. Recorded Covenant.The City Manager or their designee is authorized to execute the restrictive covenant required under this section on behalf of the City and to deliver any approvals or consents required by the covenant. Prior to the issuance of a building permit, the applicant shall record a restrictive covenant in the form prescribed by the City Attorney, which shall run with the land and provide for a prohibition on nonresidential use of any units developed or constructed through the two-unit development procedure, including a prohibition against renting or leasing the units for fewer than 30 consecutive calendar days.

1.If at least one dwelling unit in the two-unit development is made available at affordable rent or affordable housing cost to a very low income household (the “affordable unit”), as defined in Health and Safety Code Section 50105, the two-unit development will qualify for the following incentives:

a.If the two-unit development is developed on a parcel created through an urban lot split, the total number of dwelling units allowed across both parcels will be increased from four to six dwelling units, with no more than four dwelling units allowed on a single parcel. All three dwelling unit types (i.e., primary dwelling units, accessory dwelling units, and junior accessory dwelling units) count toward this six-dwelling-unit limit.

b.If the requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this Chapter would restrict the size of the dwelling units in a two-unit development to 800 square feet, the size of one of the primary dwelling units in the two-unit development shall be allowed to go up to 1,000 square feet if two or more bedrooms are provided.

2.Prior to the issuance of a building permit for any new dwelling unit incorporating either or both of the incentives in subsection (G)(1) of this section, the property owner must record a regulatory agreement against the parcel that is or will concurrently be developed with the affordable unit. The regulatory agreement shall be in the form provided by the City Attorney’s Office restricting the sale or rental of the affordable unit such that the affordable unit will be sold or rented to a very low income household, as defined in Health and Safety Code Section 50105, at an affordable housing cost or affordable rent (the “regulatory agreement”). The City Manager or their designee is authorized to execute the regulatory agreement on behalf of the City and to deliver any approvals or consents required by the covenant. (Ord. 3710 § 4, 2025)

Sec. 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.

Sec. 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.

		Additional Regulations
Residential
Mixed Use	U
Multi-family Residential		See Sec. 38-33(G), Mixed-use Projects
Four or more units	U
Three or fewer units	P
Condominiums	U	See Sec. 38-26(M), Condominiums
Single-family Residential	U
Supportive Housing -- four or more units	U
Transitional Housing -- four or more units	U
Supportive Housing -- three or fewer units	P
Transitional Housing -- three or fewer units	P
Accessory Dwelling Units	P	See Section 38-112.6
Junior Accessory Dwelling Units	P	See Section 38-112.6

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)
Restaurant -- Full Service	P	Sec. 38-33(C), (D), (E)
Restaurant -- Fast Food	U	Sec. 38-33(C), (D), (E)
Bar	U	Sec. 38-33(C), (E), (K)
Live Entertainment/Dancing	U	Sec. 38-33(E)
		Prohibited adjacent to residential zones
Kiln, large	U
Maintenance and Repair Services	P
Massage Establishments	U
Nurseries	P
Offices -- Business and Professional	P
Personal Improvement Services	U
Personal Services	P
Retail Sales	P
Secondhand Appliances/Clothing	U
Travel Services	P
Vehicle/Equipment Sales and Services
Commercial Parking	U
Service Stations	U
Walk-up Service/Window	U

Public and Semi-public
Clubs and Lodges	U	Prohibited adjacent to residential zone
Day Care -- Large Family	U
Day Care -- General	U
Emergency Medical Care	U
Government Offices	U
Park and Recreation Facilities	U
Public Safety Facilities	U
PWS Facilities	U
Religious Assembly	U
Schools -- Public or Private	U
Utilities -- Major	U
Utilities -- Minor	P	See Article 20
Accessory Uses: Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use.		See Sec. 38-33(A),(C),(F), and Article 20

Temporary Uses		Require administrative approval by the Community Development Director

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

(Ord. 3653 § 19, 2022; Ord. 3641 § 11, 2021; Ord. 3554 § 7, 2016; Ord. 3544 § 5, 2016; Ord. 3472 § 1, 2012; Ord. 3443 § 6, 2010; Ord. 3436 § 2, 2009; Ord. 3305, 2002)

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

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

aAbutting or fronting on an R district, the standards of the adjacent district apply.

bLot 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 Community Development Department for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009)

Sec. 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.

		Additional Regulations
Residential
Mixed Use	U	See Sec. 38-33(G), Mixed-use Projects
Multi-family Residential
Four or more units	U
Three or fewer units	P
Group Residential	U
Condominiums	U	See Sec. 38-26(M), Condominiums
Single-family Residential	U
Supportive Housing -- four or more units	U
Transitional Housing -- four or more units	U
Supportive Housing -- three or fewer units	P
Transitional Housing -- three or fewer units	P
Accessory Dwelling Units	P	See Section 38-112.6

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
Bicycle/Equipment Rentals	P
Blueprint Shop	U
Building Materials and Services	U
Catering Services	P
Commercial Filming	U
Commercial Recreation and Entertainment	U
Limited	U
Nighttime Entertainment	U
Communication Facilities	P
with no or little antennae	P
with large antennae	U
Convalescent Facilities	U
Convenience Market	U
Drive-thru service/window	U
Eating and Drinking Establishments		Sec. 38-33(C), (D), (E) (Ord 3305, 5/2002)
Restaurant - Full Service	P	Sec. 38-33(C), (D), (E)
Restaurant - Fast Food	U	Sec. 38-33(C), (D), (E)
Restaurant - Formula Fast Food	U	Sec. 38-33(C), (D), (E)
Bar	U	Sec. 38-33(C), (E), (K); Prohibited adjacent to residential zones
Live Entertainment/Dancing	U	Sec. 38-33(E); Prohibited adjacent to residential zones
Food and Beverage Sales	U	Liquor stores require Use Permit adjacent to Residential zone, subject to design control
Funeral and Internment Services	U
Kiln, Large	U
Maintenance and Repair Services	P
Massage Establishments	U
Nurseries	P
Offices -- Business and Professional	P
Pawnshop	U	Prohibited adjacent to residential zone
Personal Improvement Services	U
Personal Services	P
Retail Sales	P
Pharmacies and Medical Supplies	P
Visitor-oriented	P
Warehouse and Storage -- Limited	U
Wholesaling Distribution and Storage	U
Secondhand Appliances/Clothing	P
Shopping Centers	U
Travel Services	P
Vehicle/Equipment Sales and Services
Commercial Parking	U	See Sec. 38-33(H)
Service Stations	U	See Sec. 38-33(H)
Vehicle/Equipment Repair -- Limited	U	Prohibited adjacent to residential zone
Vehicle/Equipment Sales and Rentals	U
Walk-up Service/Window	U
Public and Semi-public
Clubs and Lodges	U	Prohibited adjacent to residential zone
Cultural Institutions	U
Day Care -- General	U
Emergency Medical Care	P
Government Offices	U
Park and Recreation Facilities	U
Public Recycling Facilities	U
Public Safety Facilities	U
PWS Facilities	U
Religious Assembly	U
Schools -- Public or Private	U
Utilities -- Major	U
Utilities -- Minor	P
Accessory Uses: Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use.		See Sec. 38-33(C),(G)
Temporary Uses		Require administrative approval by the Community Development Director

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

(Ord. 3697 § 3, 2025; Ord. 3653 § 19, 2022; Ord. 3641 § 12, 2021; Ord. 3554 § 8, 2016; Ord. 3544 § 6, 2016; Ord. 3472 § 1, 2012; Ord. 3443 § 6, 2010; Ord. 3436 § 2, 2009)

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

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

aAbutting or fronting on an R district, the standards of the adjacent district apply.

bLot coverage over 50% requires a Use Permit.

cUse 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.

Sec. 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.

		Additional Regulations
Residential
Mixed Use	U	See Sec. 38-33(G), Mixed Use Projects
Multi-family Residential
Four or more units	U
Three or fewer units	P
Condominiums	U	See Sec. 38-26(M), Condominiums
Supportive Housing -- four or more units	U
Transitional Housing -- four or more units	U
Supportive Housing -- three or fewer units	P
Transitional Housing -- three or fewer units	P
Accessory Dwelling Units	P	See Section 38-112.6
Commercial Uses		See Sec. 38-33(G)
Ambulance Services	P	Use Permit required adjacent to residential zones
Animal Sales and Services
Animal Boarding	P
Animal Grooming	P
Animal Hospitals	P
Animals: Retail Sales	P
Artists’ Studios	P
Bakeries	P
Building Materials and Services	P
Catering Services	P
Commercial Filming	P
Commercial Recreation and Entertainment	P	See Sec. 38-33(F)
Nighttime Entertainment	U
Communication Facilities	P
with no or little antennae	P
with large antennae	U
Drive-thru service/window	U
Eating and Drinking Establishments		Sec. 38-33(C), (D), (E) Ord 3305; 5/2002
Restaurant -- Full Service	P	Sec. 38-33(C), (D), (E)
Restaurant -- Fast Food	U	Sec. 38-33(C), (D), (E)
Restaurant -- Formula Fast Food	U	Sec. 38-33(C), (D), (E)
Bar	U	Sec. 38-33(C), (E), (K)
Live Entertainment/Dancing	U	Sec. 38-33(E); Prohibited adjacent to residential zones
Funeral & Interment Services	P
Kiln, large	U
Laboratories	P
Maintenance and Repair Services	P
Massage Establishments	U
Nurseries	P
Offices -- Business and Professional	P
Personal Improvement Services	P
Personal Services	P
Retail Sales	P	See Sec. 38-33(C)
Secondhand Appliances/Clothing	P
Travel Services	P
Vehicle/Equipment Sales & Services	P
Automobile Rentals	P
Automobile Washing	P	See Sec. 38-33(H)
Service Stations	P	See Sec. 38-33(H)
Vehicle/Equipment Repair	P
Vehicle/Equipment Sales & Rentals	P
Vehicle Storage	P
Warehousing and Storage, Ltd.	P
Walk-up Service/Window	U
Public and Semipublic
Government Offices	U
Park & Recreation Facilities	U
Public Safety Facilities	U
PWS Facilities	U
Utilities, Major	U
Utilities, Minor	P

Industrial
Industry -- Custom	U
Industry -- Limited	U

Accessory Uses: Permitted on the site of a permitted use, but requires a use permit if added on the site of a conditional use.		See Sec. 38-33(C),(G)

Temporary Uses		Requires administrative approval by the Community Development Director

Nonconforming Uses	U	See Article 28

P = Permitted U = Use Permit Required

(Ord. 3653 § 19, 2022; Ord. 3641 § 13, 2021; Ord. 3554 § 9, 2016; Ord. 3544 § 7, 2016; Ord. 3472 § 1, 2012; Ord. 3443 § 6, 2010; Ord. 3436 § 2, 2009)

C. Minimum Lot Dimensions and Property Development Standards.The following schedule prescribes minimum lot dimensions and property development regulations for the C-3 district.

Minimum Lot Area (sq. ft.)	10,000
Minimum Lot Width (ft.)	70

Minimum Yards:
Front (ft.)	-	(a),(b)
Side (ft.)	-	(a)
Corner Side (ft.)	-	(a)
Rear (ft.)	-	(a)

Maximum Height of Structures (stories/ft.)	Two stories and 25 ft. Three stories and 35 ft. (d)

Maximum Lot Coverage (%)	50	(c)
Parking and Loading	See Article 18
Nonconforming Structures	See Article 28

aAbutting or fronting on an R district, the standards of the adjacent district apply.

bAlong East Del Monte Avenue, the average yard shall be 15 feet, and the minimum yard shall be 10 feet.

cLot coverage over 50 percent requires a Use Permit.

dUse 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.

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

3. Screening.All uses, including the storage of vehicles, equipment, and materials, if not located entirely within a completely enclosed building, shall be entirely enclosed by a tight uniform screen, not less than six feet high. This requirement shall not apply to nurseries or to the display on a street frontage for sales purposes of new or used cars, trucks, trailers, or farm equipment in operative condition.

Sec. 38-31. CO Office and Professional District.

A. Description.In addition to the general purposes listed in Article 1, the specific purpose of the CO Office and Professional District is to provide sites for offices at appropriate locations, subject to development standards that prevent significant adverse effects on adjoining uses.

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

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

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

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

		Additional Regulations
Residential
Mixed Use	U	See Sec. 38-33(G), Mixed Use Projects
Multifamily Residential
Four or more units	U
Three or fewer units	P
Condominiums	U	See Sec. 38-26(M), Condominiums
Single-family Residential	U
Supportive Housing -- four or more units	U
Transitional Housing -- four or more units	U
Supportive Housing -- three or fewer units	P
Transitional Housing -- three or fewer units	P
Accessory Dwelling Units	P	See Section 38-112.6
Commercial Uses		See Sec. 38-33(G)
Banks and Savings & Loans	U
With Drive-up Service	U
Commercial Filming	U
Communication Facilities	P
Laboratories	P
Massage Establishments	U
Offices, Business & Professional	P
Offices, Medical	P
Personal Improvement Services	U
Personal Services	P
Research and Development Services	P
Retail Sales
Pharmacies and Medical Supplies	P
Travel Services	P
Walk-up Service/Window	U
Public and Semipublic
Convalescent Facilities	U
Cultural Institutions	U
Day Care, General	U
Emergency Medical Care	U
Government Offices	P
Hospitals	U
Park & Recreation Facilities	P
Public Safety Facilities	U
PWS Facilities	U
Religious Assembly	U
Residential Care -- General	U
Schools -- Public or Private	U
Utilities -- Major	U	See Sec. 38-33(G)
Utilities -- Minor	P

Accessory Uses: Permitted on the site of a permitted use, but requires a use permit if added on the site of a conditional use.		See Sec. 38-33(C),(G)

Temporary Uses		Require administrative approval by the Community Development Director

Nonconforming Uses	U	See Article 28

P = Permitted U = Use Permit Required

(Ord. 3653 § 19, 2022; Ord. 3641 § 14, 2021; Ord. 3554 § 10, 2016; Ord. 3544 § 8, 2016; Ord. 3472 § 1, 2012; Ord. 3443 § 6, 2010; Ord. 3438 § 4, 2009; Ord. 3436 § 2, 2009)

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

Minimum Lot Area (sq. ft.)	15,000
Minimum Lot Width (ft.)	90

Minimum Yards:
Front (ft.)	20
Side (ft.)	5	(a)
Corner Side (ft.)	20 percent of width; minimum of 10 feet; maximum of 15 feet.
Rear (ft.)	10

Maximum Height of Structures (stories/ft.)	Two stories and 25 ft. Two stories and 30 ft. (b)

Maximum Lot Coverage (%)	50
Minimum Site Landscaping (%)	15
Parking and Loading	See Article 18
Nonconforming Structures	See Article 28

aTen feet for two- and three-story buildings.

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

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

- Accessory structures;

- Fences and retaining walls;

- Outdoor facilities;

- Eating and drinking establishments with take out service;

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

- Service stations and automobile washing;

- Adult entertainment; and

- Landscaping at scenic entrances.

Supplemental regulations applicable to all zoning districts in the city are contained in Article 15, and off-street parking requirements are found in Article 16.

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

a. Adjoining an R District or Existing Residential Use.A six-foot-high solid masonry or concrete wall (three feet high within 15 feet of a street property line) shall adjoin the property line of an existing ground floor residential use or an R district.

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

Sec. 38-32. CR Cannery Row Commercial District.

A. Description.The CR Cannery Row District is intended to provide for the development of the area known as the Cannery Row into a distinct visitor-commercial area, including a broad range of specialty and general commercial, service, recreational and public and semipublic uses, consistent with the General Plan and the Cannery Row Plan.

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

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

		Additional Regulations
Residential
Mixed Use	U	See Sec. 38-33(G), Mixed Use Projects
Multifamily Residential
Four or more units	U
Three or fewer units	P
Condominiums	U	See Sec. 38-26(M), Condominiums
Supportive Housing -- four or more units	U
Transitional Housing -- four or more units	U
Supportive Housing -- three or fewer units	P
Transitional Housing -- three or fewer units	P
Accessory Dwelling Units	P	See Section 38-112.6

Commercial Uses
Aquaculture and Marine Research	U
Artists’ Studios	P
Bicycle/Equipment Rentals	P
Commercial Filming	U
Commercial Recreation and Entertainment	P
Limited	P
Nighttime Entertainment	P
Drive-thru service/window	U
Eating and Drinking Establishments		Sec. 38-33(C), (D), (E) (Ord 3305, 5/2002)
Restaurant - Full Service	P	Sec. 38-33(C), (D), (E)
Restaurant - Fast Food	U	Sec. 38-33(C), (D), (E)
Restaurant - Formula Fast Food	U	Sec. 38-33(C), (D), (E)
Bar	U	Sec. 38-33(C), (E), (K)
Live Entertainment/Dancing	U	Sec. 38-33(E) Prohibited adjacent to residential zones
Kiln, large	U
Laboratories	P	Only in pre-existing structures
Massage Establishments	U
Offices, Business and Professional	P	Only above street level
Personal Improvement Services	U
Personal Services	P
Research and Development Services	U	Only in pre-existing structures
Retail Sales
Pharmacies and Medical Supplies	U
Visitor-Oriented	P
Travel Services	P
Warehousing and Storage, Ltd.	U	Only in pre-existing structures
Walk-up Service/Window	U

Industrial
Industry, Custom	U	Only in pre-existing structures
Industry, Ltd.	U	Only in pre-existing structures
Wholesaling, Distribution and Storage	U	Only in pre-existing structures

Public and Semipublic
Cultural Institutions	U
Day Care -- General	U
Government Offices	P	Only above street level
Park and Recreation Facilities	P
Public Safety Facilities	U
PWS Facilities	U
Utilities -- Major	U	See Article 19
Utilities -- Minor	P

Accessory Uses: Permitted on the site of a permitted use, but requires a use permit if added on the site of a conditional use.		See Sec. 38-33(C)

Temporary Uses		Require administrative approval by the Community Development Director

Nonconforming Uses	U	See Article 28

P = Permitted U = Use Permit Required

(Ord. 3697 § 4, 2025; Ord. 3653 § 19, 2022; Ord. 3641 § 15, 2021; Ord. 3554 § 11, 2016; Ord. 3544 § 9, 2016; Ord. 3472 § 1, 2012; Ord. 3443 § 6, 2010; Ord. 3436 § 2, 2009)

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

Minimum Lot Area (sq.ft.)	5,000
Minimum Lot Width (ft.)	50

Minimum Public Access (ft/sq. ft.)	(j) (k)

Minimum Vertical Clearance of Existing Structures Or Slabs Over Water (ft.)	13 (m)

Minimum Yards:
Front (ft.)	-
Side	(a),(b),(c) (f) (g)
Corner Side (ft.)	10
Rear (ft.)	-

Maximum Extension of Existing Structures or Slabs Over the Water		(l)
Maximum Height of Structures (stories/ft.)	(e) (h) (i)
Four stories and 45 ft. (b)
Maximum Lot Coverage (%)	-	(d)
Maximum FAR
- Waterfront side of Cannery Row	2
- Opposite or non waterfront side of Cannery Row	3
Minimum Site Landscaping (%)	10
Parking and Loading	See Article 17
Nonconforming Structures	See Article 28

aOpen decks may project into a required side yard up to 50 percent of the yard width, but not more than four feet, consistent with Section 38-105.

bFor multifamily residential, 15 feet plus three feet for each story over three.

cMultifamily residential development shall comply with the R-3 District standards.

dThe Planning Commission may exempt from coverage requirements: (1) certain structures when open on all sides, such as covered walks, if accessory to major buildings, and (2) underground parking structures upon finding that they are consistent with the purpose and intent of the CR District.

eSee Section 38-32 D.1.

fSee Section 38-32 D.1.

gSide yards shall generally be as shown by View Sightlines on Figure 18 View Sightlines for Shoreline Development in the Cannery Row Local Coastal Program Land Use Plan. Larger scale maps are available in the City of Monterey Planning Division. The maps more precisely show the view sightline locations that are to serve as guidelines in determining view sightlines and building outlines within each property when specific development projects are reviewed.

hMaximum building heights shall be as specified by Development Policies f. and g. and shown on Figure 28 Development Policies in the Cannery Row Local Coastal Program Land Use Plan.

iWithin 20 feet of an adjacent structure that has been designated historic by the City of Monterey, new development shall not rise more than one (1) story or fifteen (15) feet above the height of the adjacent historic structure.

jSee Section 38-32 D.1.

kThe Cannery Row Local Coastal Program Land Use Plan Public Access section has specific policy language regarding minimum public access.

lShoreline development is not to extend seaward so as to require new seawalls or alteration of the natural shoreline with the exception of parcels where structures or slabs existed over the water on November 3, 1981. Existing structures and slabs beyond the mean high tide that existed horizontally as part of any new development and are not to encroach further on the natural shoreline beneath the structures or slabs. (See Section 38-11 of this Ordinance for definition of “Structures or Slabs Over the Water, Existing”.)

mNo existing structure or slab shall be extended vertically so as to be any lower than 13 vertical feet above the mean high tide line with the exception of aquaculture and marine research uses dependent on coastal marine resources (See Section 38-11 of this Ordinance for definition of “Structures or Slabs Over the Water, Existing). Ord 3267 §1, 1999

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

- Accessory structures;

- Fences and retaining walls;

- Outdoor facilities;

- Eating and drinking establishments with take out service;

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

- Mixed use projects;

- Service stations and automobile washing;

- Adult entertainment; and

- Landscaping at scenic entrances.

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

1. Planting Areas.Visible setback areas not used for drives, walks or parking, shall be planting area. See Section 38-33(J) for landscaping at scenic entrances.

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

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

D. Review of Plans.Development Review Committee and Architectural Review Committee approval is required for all new construction, alterations and additions, and changes in use.

1.The Planning Commission shall review new uses and proposed development requiring Use Permits for consistency with the Cannery Row Local Coastal Program Land Use Plan and the applicable regulations of this ordinance. In approving any Use Permit, the Planning Commission may modify any property development standard of this Article to permit a project that is of outstanding design and carries out the purpose and intent of the Cannery Row Local Coastal Program Land Use Plan. Projects to be considered for outstanding design should be reviewed within the context of the findings and policies of the Development section in the Cannery Row Local Coastal Program Land Use Plan.

2.The Planning Commission may exempt from coverage requirements certain structures when open on all sides, such as covered walks, if accessory to major buildings.

3.To encourage underground parking, the Planning Commission may exempt from ground coverage requirements underground parking structures upon finding that such structures aid in accomplishing the Cannery Row Plan. (Ord. 3424 § 1, 2009)

Sec. 38-33. Supplemental Regulations Applicable to C Districts.

1. Timing.Nonresidential accessory structures shall not be established or constructed prior to the start of construction of a principal structure on a site, except that construction trailers may be placed on a site at the time site clearance and grading begins. Construction trailers may remain on the site only for the duration of construction.

2. Location.Except as provided in this subsection, nonresidential accessory structures shall not occupy a required front or corner side yard or court, or project beyond the front building line of the principal structure on a site. No accessory uses shall be permitted off site.

3. Maximum Height.The maximum height of a nonresidential accessory structure shall be 12 feet, subject to the provisions of this subsection, provided that pitched roofs shall not exceed a height of 16 feet.

4. Relation to Property Lines.A nonresidential accessory structure in a required rear yard shall be located on a property line or shall be not less than three feet from a property line. A structure on a property line shall not exceed six feet in height at the property line and shall not intercept an inclined daylight plane sloping inward from a point six feet above the property line and rising one foot for each foot of distance for the property line.

5. Garages on an Alley.Garages facing an alley shall be set back 25 feet from the alley centerline; garages siding on an alley shall be set back 15 feet from the alley centerline.

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

1. Where Permitted.Outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick up, shall be allowed only with a use permit. Sidewalk cafes and outdoor food service accessory to an Eating and Drinking Establishment shall be permitted in the C 1, C 2, and CR districts. No outdoor preparation of food or beverages shall be permitted.

2. Permit Conditions: Grounds for Denial.A use permit for outdoor storage, display, or food service may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic areas as identified in the General Plan and any applicable area plans. If such impacts cannot be prevented, the Planning Commission shall deny the use permit application.

3. Exceptions.Notwithstanding the provisions of subsections (1) and (2) above, outdoor storage and display shall be permitted in conjunction with the following use classifications in districts where they are permitted or conditionally permitted:

a.Nurseries, provided outdoor storage and display is limited to plants only.

b.Vehicle/Equipment Sales and Rentals, provided outdoor storage and display shall be limited to vehicles or equipment offered for sale or rent only. All vehicles and equipment shall be confined to private property of the site.

c.Temporary uses as reviewed and approved by the Community Development Director. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3326, 2003)

4. Screening.Except for the use classifications excepted by subsection (3) above, outdoor storage and display areas including merchandise, materials or equipment for sale or customer pickup, shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. In other districts, screening shall be provided as prescribed by the use permit.

a. Coin-Operated Vending Machines.Each machine located within 300 feet of an R district, except for machines located on the site of a service station, shall be screened from view from public rights-of-way.

5. Appeals.Decisions of the Planning Commission may be appealed in accordance with Article 27.

1. Minimum Separation.Fast Food and Formula Fast Food Restaurants on separated freestanding sites that are outside of the SC zone shall not be closer than 500 feet to the site boundaries of a public or private school, or park or recreation facility except for the Recreation Trail.

2. Litter Control.A use permit may require the operator to retain a contract litter cleanup service if the Community Development Director determines that a litter problem exists. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

3. Design Review.Fast Food and Formula Fast Food Restaurants shall be compatible with the surrounding commercial neighborhood, including implementation of any area plan design standards. ARC review shall evaluate, but is not limited to, consistency with the surrounding commercial neighborhood, exterior appearance, interior appearance as seen from public street or sidewalks, interior lighting and signage seen from public streets or sidewalks, exterior lighting, signage, and any other visual elements which would be seen from public areas. Standardized visual elements of a Formula Fast Food Restaurant, including but not limited to architecture, interior design elements and product menus seen from the street, signage, and window promotion signage, shall be eliminated or minimized

4. Use Permit Review.Use permit review for Fast Food and Formula Fast Food Restaurants shall consider but is not limited to traffic, parking, noise, litter, odors per Section 38-111, hours of operation, peak hour impacts, and visual impacts. A change from a Fast Food to a Formula Fast Food shall be considered as a new use requiring a use permit to evaluate the increased intensity of use.

5. Change in Ownership or Name.Any change of business ownership or restaurant name shall be reviewed by Community Development Department staff to determine if there is an increased intensity of use. A new use permit shall be required if the change in ownership or name will reasonably result in an increase in intensity of use. Increased intensity of use may include, but not be limited to, any increase in number of seats, any increase in the area devoted to food processing, any expansion of kitchen facilities or equipment, or any increase in square footage of the establishment. (Ord. 3653 § 19, 2022)

E. Live Entertainment/ Dancing.(Ord 3305, 5/2002)

1.A use permit shall be required for live entertainment/dancing.

2.The following conditions may be imposed on any use offering scheduled live entertainment/dancing, as defined, more than three times per calendar year:

a.Exits not limited to emergency use only shall not be opposite an R district adjoining the site.

b.The site shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City of Monterey.

c.A noise analysis specifying areas affected and sound proofing or other mitigation that will be employed to eliminate excessive noise exposure on adjacent property shall be submitted to the Community Development Director with a use permit application. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

d.The noise from live entertainment/dancing shall not interfere with the peaceful enjoyment of neighboring property owners.

e.The use permit may be reopened for additional review if the Community Development Director determines that the live entertainment/dancing is creating a disturbance or interfering with peaceful enjoyment based on a documented pattern of disturbance as evidenced by citizen complaints, inappropriate noise levels, Police reports, Fire Department reports, Code enforcement reports and violations of the City Code, Penal Code or other State Statutes. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

f.The applicant will be required to implement any security measures identified by the City’s Police Department.

g.The building occupancy shall be specified in the use permit.

F. Game Centers.The following supplemental regulations shall apply to the operation of game centers.

1. Purpose.The intent of these regulations is to control the location and hours of operation of game centers so as not to allow school children to play the games during school hours.

2. Adult Manager.At least one adult manager shall be on the premises during the time a game center is open to the public.

3. Hours of Operation for Minors Under 18 Years of Age.No game center owners, manager, or employees shall allow a minor under 18 years of age to play a mechanical or electronic game machine after 9 p.m. on nights preceding school days, or after 10 p.m. on any night.

4.A game center shall not be permitted within 300 feet of a public or private pre and K-12 school site or the boundary of an R district. The distance shall be measured in a straight line from the main public entrance to the game center to the property line of the school site or district boundary. A Use Permit shall be required for all game center in all “C” zones with the exception of the “C-R” Cannery Row Zone.

5. Restrictions.Zoning Administrator or Planning Commission may impose reasonable restrictions on the physical design, location, and operation of a game center in order to minimize the effects of noise, congregation, parking, and other nuisance factors that may be detrimental to the public health, safety, and welfare of the surrounding community.

1. Purpose.A mixed-use project is a mix of residential uses and commercial uses in a commercial zone. It is the intent of this subsection to encourage the mix of retail, office and residential uses. This subsection applies to all mixed-use projects. If inconsistencies exist between this subsection and those of the underlying zone, the provisions of this subsection shall apply.

Mixed-use projects shall be permitted with a Use Permit in all C districts.

2. Principally Permitted Uses, Conditional Uses, and accessory uses.After approval of the original use permit to establish a mixed use, offices and retail uses shall be allowed subject to requirements of the underlying zone, except that a use permit shall be required for the following uses if permitted in the underlying zone:

a.Contractor’s establishment (building, heating, cabinet, painting, plumbing, electrical, and the like) when operated in conjunction with a retail store or office and conducted wholly within a building.

b.Liquor stores, including package stores.

c.Businesses with employees present before 6:00 a.m. and/or after 10:00 p.m.

d.Commercial recreation and entertainment facilities.

e.Dry cleaning processing operation.

f.Printing and publishing or lithographic shop.

g.Restaurants with live entertainment and/or dancing.

h.Condominiums, per Section 38-26(M).

3. Uses Not Allowed in a Mixed Use Development.The following uses are not allowed in a mixed use development, even if listed as permitted or conditional uses in the underlying zone.

a.Adult businesses.

b.Bars with live entertainment and/or dancing.

c.Convenience markets with gas pumps.

d.Vehicle/equipment repair, service stations, vehicle washing, and vehicle storage.

4. Property Development Standards.Mixed use development shall meet the property development standards of the underlying zone, with the following qualifications and exceptions:

a. Street Frontage Uses.Commercial and office uses shall be the predominant street frontage use in a mixed-use project.

b. Design Intent.Mixed use developments should be compatible with the existing design elements of the surrounding area. The development should not look like an apartment building, if the predominant design is commercial. Density may exceed 30 units per acre if the Planning Commission determines that additional units will make the mixed use building size and height compatible with adjoining buildings.

c.Repealed.

d.Repealed.

e. Noise.An acoustic analysis and noise mitigation program to reduce noise transmission between commercial and residential uses shall be submitted with a use permit application for a use which typically generates high noise levels in a mixed use building.

An acoustic analysis and noise mitigation program for residential units shall be submitted with the use permit application for a mixed use project in an area with noise generators such as traffic, evening activity, music, etc. in the immediate area. Noise mitigation measures may include insulation of walls and windows, placement of sleeping quarters in interior locations, and placement of closets and utility areas between the outside noise sources and living or sleeping areas.

f. Other Required Conditions.Each residential unit shall be provided a separate storage area consisting of at least 100 cubic feet and having a minimum horizontal surface of 25 square feet. In addition, for projects with more than four units, there shall be at least one washer and one dryer for each five units. (Ord. 3436 § 2, 2009)

H. Service Stations and Automobile Washing.The following supplementary development regulations shall apply to the service stations and automobile washing facilities.

1. Site Layout.Conditions of Approval of a Use Permit may require buffering, screening, planting areas, or hours of operation necessary to avoid adverse impacts on properties in the surrounding area.

2. Planting Areas.Perimeter planting areas shall be as required for parking lots by Article 17, except where a building adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas.

1. Purpose.In adopting these provisions, the City Council recognizes that certain types of adult businesses possess certain objectionable operational characteristics which, if such uses are allowed to concentrate, will have adverse effects upon the character of such areas and adjacent neighborhoods. The City Council further recognizes that locating adult businesses in close proximity to establishments frequented by minors will cause the exposure of minors to adult material that may adversely affect such minors due to their immaturity. Additionally, the City Council recognizes that, while certain adult entertainment enjoys limited protection under the First Amendment to the United States Constitution, substantial numbers of citizens of the city are offended by the public display of sexually-oriented material.

Special and limited regulation of adult businesses, consistent with the First Amendment rights of such uses, is therefore unnecessary. This will ensure that the adverse effects of adult businesses will not contribute to the blighting or downgrading of C districts in which they are permitted and the downgrading of surrounding neighborhoods; will not adversely affect minors; and will not offend those citizens of the city who do not wish to be exposed to sexually-oriented material.

2. Location of Adult Businesses.No adult businesses, including adult bookstores and adult movie theaters, shall be located:

a.within 1,000 feet of any R district;

b.within 1,000 feet of the boundaries of a parcel of a real property site occupied by a public or private school, a religious assembly facility that conducts religious education classes for minors, or a park and recreation facility; or

c.within 1,000 feet of any other adult business.

3. Public Display of Certain Matter Prohibited.No adult business shall display or exhibit any material depicting specified anatomical areas or specified sexual activities in such a way as to be visible by persons outside the building in which the adult business is located.

4. Compilation of Existing Adult Entertainment Uses.The following is a list of the existing adult businesses. It is the intent of this section to recognize such uses and to allow them to continue, even if nonconforming under this section, unless the use is discontinued for a period of 90 consecutive days or more, at which time the use may only be reinstated if it meets all requirements of this section.

a. Adult Bookstores.Nuart Theater Co. -- 2116 North Fremont Street

b. Adult Theaters.Nuart Theatre -- 2116 North Fremont Street (Ord. 3438 § 3, 2009)

J. Landscaping at Scenic Entrances.Within ten feet of a street property line adjacent to scenic entrances designated on the Zoning Map, all land not required for drives and walks shall be planting area. These scenic entrances include:

1.Munras Avenue: Highway One to El Dorado Street

2.North Fremont Street: City limits to Highway 68

3.Fremont Street: Highway One to Camino El Estero

4.Del Monte Avenue: Highway One to Washington Street

1.A use permit shall be required for any Bar.

2.The following issues shall be reviewed to determine the appropriateness of the proposed location as part of the use permit, and, if appropriate, conditions shall be imposed:

a.The number of alcohol related calls for service, crimes, or arrests in the area is at an acceptable level, and

b.The proximity of the alcohol serving establishments to sensitive uses such as residential districts, day care centers, parks and recreation facilities, schools or other facilities that house children is acceptable.

3.The following operational issues shall be considered as part of the use permit and, if appropriate, conditions shall be imposed:

a. Hours of Operation.The City may limit the hours of operation,

b. Security.The City may require the bar to provide adequate security personnel and/or security devices,

c. Preventative Design.The site and floor plans of establishments shall be reviewed for opportunities to reduce alcohol - related problems. Design features which may be reviewed include, but are not limited to, openness for surveillance, reduction of opportunities of congregation and obstructing public ways; illumination of exterior areas; and limiting furnishings and features that encourage loitering,

d. Drinking Alcohol Outside.The selling of alcoholic beverages for consumption outside is prohibited except at Eating and Drinking Establishments with approved outdoor or sidewalk cafe dining, and

e. Litter and Graffiti.The exterior of Eating and Drinking Establishments shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks within 20 feet of the premises. Graffiti shall be removed within 48 hours of written notice from the City of Monterey.

f. Mode of Sale.The sale of alcohol from drive-up or walk-up windows is prohibited.

3.The Planning Commission may impose additional conditions on the granting of the use permit, as necessary to preserve the public health and safety.

4.An application for a use permit to operate a Bar may be approved, conditionally approved or denied by the Planning Commission. A decision of the Planning Commission may be appealed to the City Council as set forth in Article 27 of this Section.

5.A use permit to operate a Bar may be revoked by the Planning Commission for violation of any condition of the use permit.

6.A use permit to operate a Bar shall be revoked if after a noticed hearing the Planning Commission finds that the use constitutes a public nuisance. Prior to such hearing, the owner or operator of the Bar shall be given written notification of all conditions which may constitute a nuisance and given a minimum of 30 days to correct the conditions. The City can refer the issue to an outside community-based counseling group, such as the Hospitality Resource Panel, to help the business correct any conditions during or prior to this 30 day period. This referral is not a requirement but is an option available to the City. The counseling group may choose to make a recommendation to the Planning Commission on the Bar’s compliance with the conditions.

For purposes of this section, the term “public nuisance” refers to a pattern of disturbance or alcohol related problems which affect at the same time an entire community or neighborhood, or any considerable number of persons, as substantiated by credible evidence from a reliable source including, but not limited to, public testimony, citizen complaints, police reports, fire department reports, code enforcement reports, and violations of City Codes or state laws where such violation is established as constituting a nuisance per se. The term “alcohol related problems” shall include, but is not limited to, unacceptable public behavior, noise, littering, loitering, crimes of violence, interference with the unimpeded use of sidewalks by pedestrians, defacing or damaging property, interference with a neighborhood’s quality of life or image or quiet enjoyment of property, and other similar problems related to the operation of alcoholic beverage outlets. Such nuisances may be abated by the City pursuant to Monterey City Code §§ 1-1.06 or 1-2.00 and following.

7.Bars that were in existence on May 7, 2002, may continue to operate without a use permit under the following conditions:

a.The Bar retains the same type of liquor license within a license classification.

b.The Bar is operated continuously without substantial change in the mode or character of operation. A “substantial change in mode or character of operation” includes, but is not limited to, any of the following:

(1)The license issued by the California Department of Alcoholic Beverage Control (“ABC”) is revoked, or suspended for a period of more than 30 days; or

(2)The owner or operator or ABC licensee is convicted of violations of California Health and Safety Code sections 11350, 11351, 11352, 11550 or 11364.7 or California Penal Code section 647(b) and the conviction relates to the business premises or the operation of the business; or

(3)The premises are altered for the purpose of increasing the gross floor areas and such additions will result in an aggregate increase of more than twenty-five (25%) of the existing gross floor area of the entire premises; or

(4)The Bar is closed, abandoned, discontinued or suspended for a continuous period of more than eighteen (18) months for reason other than a break in continuous business due to natural disaster or other similar circumstances beyond the control of the licensee, owner or operator; or

(5)The Bar constitutes a public nuisance as set forth in Subparagraph H above.

Any Bar without a use permit operating under this sub-paragraph I shall not have its right to operate rescinded, revoked or otherwise limited under this sub-paragraph without written notice and the opportunity for a hearing before the Planning Commission as set forth in Article 27 of this Section.

J.A copy of the use permit’s conditions of approval shall be kept on the premises and posted in a place where it may be readily viewed by any employee, member of the general public or member of a governmental agency. (Ord. 3424 § 1, 2009)

Sec. 38-34. Specific Purpose.

In addition to the general purposes listed in Article 1, the specific purpose of the VAF Visitor Accommodation Facility District is to establish the requirements for development of visitor accommodation facilities in the City of Monterey.

Sec. 38-35. Land Use Regulations.

In the following schedule, the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” column includes references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

1. Hostel.The City Council may, upon recommendation from the Planning Commission after a public hearing, with a Conditional Use Permit approved by Ordinance, permit the construction, operation and maintenance of hostels operated by non-profit agencies on any parcel of the City not zoned for single-family residential use (R-1), or low density multi-family residential use (R-2).

	Additional Regulations
Commercial Uses
Visitor Accommodation Facilities	U	(a),(b)
Limited-Occupancy	U	(a),(b),(c)
Accessory Uses	U	(a),(d)

aAny conditions of a preexisting use permit or special permit shall apply.

bVacation Time Share Facilities are prohibited.

cThe property owner shall occupy and manage a limited-occupancy visitor accommodation facility. No cooking facilities in rooms or long term rental of rooms shall be permitted, breakfast to guests shall be the only meal and person served, and the maximum stay of guests shall not exceed 14 days.

dAllowable accessory uses, such as sale of candy, magazines, sundries, and similar items; beauty and barber shops; recreation facilities to serve the public, guests and employees; living accommodations for manager or caretaker; facilities for conferences and meetings; commercial restaurant businesses, clothes and cleaning pick up agency; and related personal visitor sales and services when related to and developed as an incidental part of a visitor accommodation facility. Accessory uses may be added to visitor accommodation facilities with a use permit.

Sec. 38-36. Property Development Standards.

The following schedule prescribes minimum lot dimensions and property development standards for the VAF District.

	Hotels and Motels	Limited-Occupancy Visitor Accommodation Facilities	Additional Regulations
Minimum Site Area	-	0.5 acre

Minimum Site Area (sq.ft.) per Sleeping Unit (Guest Room)			(a)
-One story structure	1,000	5,000	(b)
-Two story structure	800	5,000	(b)
-Three stories or more	600	5,000	(b)

Minimum Yards
Front (ft.)	10	10
Side (ft.)	10	10
Corner Side (ft.)	10	10
Rear (ft.)	10	10

Maximum Lot Coverage (%)	30	30

Parking and Loading	See Article 18

Nonconforming Structures	See Article 28

aWhen computing the number of units permitted, land devoted to accessory uses, such as restaurants, cocktail lounges, retail and service stores, service stations and similar uses, including related parking areas, shall be deducted from the gross site area.

bNo more than 10 rental rooms shall be permitted in limited-occupancy visitor accommodation facilities. This shall not include manager’s quarters or accommodations.

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

Hotels and Motels	One per guest room; plus two for every 50 rooms for hotels and motels with over 49 rooms; plus parking, as required for accessory uses.
Bed and Breakfast Inns	Up to eight rooms, one per guest room plus two spaces; over eight rooms, two per guest room.
Youth Hostel	As specified by Use Permit.

Accessory Uses.The Planning Commission may reduce the number of off-street parking spaces required by Article 18 for accessory uses by no more than 50 percent upon finding that:

1.All required parking to be provided for all uses will occupy the same parking facility; and

2.Both the required parking and the uses served are located on the same site under one ownership or the required parking is located on an adjacent site under the same ownership.

Computation of Spaces Required.If, in the application of the requirements of this article a fractional number is obtained, one parking space or loading berth shall be required for a fraction of one-half or more, and no space or berth shall be required for a fraction of less than one-half. (Ord. 3678 § 1, 2024)

B. Planting Areas.Site areas not used for access, parking, circulation, buildings, and services shall be completed and permanently landscaped.

C. Signs.The maximum sign area for a limited-occupancy facility shall not exceed four square feet, and all signs shall be subject to approval of the Architectural Review Committee. Each establishment shall be referred to as an “Inn.” Wording such as “motels,” “hotels,” “motor hotels,” and “lodges” is not permitted. Such signs may only be externally illuminated.

D. Expansion of Preexisting Facilities.Any visitor accommodation facility may be expanded, provided it meets the development standards of this section. Any preexisting facility that exceeds these standards, and is substantially destroyed by fire, earthquake, or other natural disaster may be reconstructed substantially as it was prior to such destruction.

Sec. 38-37. Review of Plans.

A.Any structural alteration shall be subject to review and approval by the Planning Commission. Ordinary non structural repairs, alterations, exterior remodeling, changes in landscaping or planting areas, or maintenance shall be subject to review and approval by the Architectural Review Committee. Procedures for such review, including the right of appeal, shall be the same as for a use permit.

B.Expansion of visitor accommodation facilities shall be subject to review and approval by the Development Review Committee, the Architectural Review Committee, and the Planning Commission.

C.New limited visitor accommodation facilities shall be subject to review and approval by the Development Review Committee, and the Architectural Review Committee, and their recommendations shall be considered by the Planning Commission in deciding whether to approve or deny the project.

Sec. 38-38. Limitation on VAF Rezoning.

A zoning map amendment that would change the boundaries of a VAF District or add or delete land subject to the VAF District regulations may only be approved after an advisory vote of the people of the City of Monterey.

Sec. 38-39. Specific Purposes.

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

A.Provide appropriately located areas consistent with the General Plan and applicable area plans for a broad range of manufacturing and service areas.

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

C.Provide a suitable environment for various types of industrial uses, and protect them from the adverse impacts of inharmonious uses.

D.Ensure that the appearance and effects of industrial uses are compatible with the character of the area in which they are located.

E.Minimize the impact of industrial uses on adjacent residential districts.

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

Sec. 38-40. I-R Industrial, Administration, and Research District. Revised

A. Description.The I-R Industrial, Administration, and Research District is intended to provide an environment exclusively for and conducive to the development of modern, large-scale administrative facilities, research institutions, and specialized manufacturing organizations, including non-nuisance production, distribution, and storage of goods, but no raw materials processing or bulk handling.

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

		Additional Regulations
Commercial Uses

Agricultural Testing Laboratory	U
Ammunition (Non-Firearm) Retail Sales	P	See Chapter 7, Article 4
Animal Sales and Services (with the exception of riding academies)	U
Bakeries	P
Catering Services	P
Commercial Recreation and Entertainment	U	recreation vehicle parks prohibited
Communication Facilities	P
Convenience Markets	U	See Sec. 38-41(D)
Firearms Retail Sales	U	See Chapter 7, Article 4
Government Offices	U
Laboratories	P
Mail and Packing Service Centers	U
Offices -- Business and Professional	P
Office -- Medical	P
Office, Medical -- Extended Care	U
Research and Development Services	P
Restaurant -- Full Service	P	See Sec. 38-41(D)
Vehicle/Equipment Sales and Rentals -- Limited	P
Vehicle/Equipment Sales and Services
Automobile Washing	P
Service Station	P	See Sec. 38-41(C)
Vehicle/Equipment Repair -- Limited	P
Vehicle Storage	U

Industrial Uses
Industry -- Custom	P	Use Permit required for on-site outlets for goods produced or assembled on premises
Industry -- Limited	P	Use Permit required for on-site outlets for goods produced or assembled on premises
Wholesaling, Distribution, and Storage	U
-- truck terminal
Wholesaling, distribution and storage	U
-- small scale

Public and Semi-public Uses
Day Care -- General	U
Park and Recreation Facilities	P
Public Safety Facilities	U
PWS Facilities	U
Utilities -- Major	U
Utilities -- Minor	P

Accessory Uses: Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use.		See Section 38-41(A),(B), and Article 19

Temporary Uses		Require administrative approval by the Community Development Director

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

(Ord. 3714 § 5, 2025; Ord. 3653 § 19, 2022; Ord. 3634 § 5, 2020; Ord. 3625 § 3, 2020; Ord. 3588 § 4, 2018; Ord. 3505 § 2, 2014; Ord. 3472 § 1, 2012; Ord. 3443 § 7, 2010)

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

	I-R-130	I-R-85	I-R-40
Minimum Lot Area (sq.ft.)	130,000 (a)	85,000 (a)	40,000 (a)
Minimum Lot Width (ft.)	250	200	150
Minimum Lot Depth (ft.)	300	250	200
Minimum Yards:
Front (ft.)	50	45	35
Side (ft.)	50	40	30
Corner Side (ft.)	50	40	30
Rear (ft.)	50	40	30
Maximum Height of Structures (ft.)	35	35	35
Maximum Lot Coverage (%)
One-story structures	40	40	40
Greater than one-story structures	30	30	30
Minimum Site Landscaping (%)	20	20	20
Parking and Loading	See Article 17
Nonconforming Structures	See Article 28

(a)Smaller lots may be permitted with an approved development plan for a site with a minimum area of ten acres.

Supplemental site regulations applicable to all I-R districts are included in Section 38-41. These establish requirements for accessory structures, outdoor facilities, service stations and automobile washing.

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

1. Planting Areas.Visible yards not used for parking shall have a three-foot planting strip adjoining an interior property line within 50 feet of a street property line.

Front and corner side yards that are not used for drives or walks shall be planting area.

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

a. Adjoining an R District of Existing Residential Use.A six-foot-high solid wall (three feet high within 15 feet of a street property line) shall adjoin the property line of an existing residential use or an R district.

3. Location of Parking.No parking shall be allowed in a front or corner side setback area. (Ord. 3625 § 3, 2020; Ord. 3594 § 4, 2019; Ord. 3588 § 4, 2018; Ord. 3424 § 1, 2009)

Sec. 38-41. Supplemental Regulations Applicable to I-R Districts.

This section was recently amended by Ordinance 3714, codified in January 2026.

A. Accessory Structure.Accessory structures shall comply with all regulations applicable to the principal structure on a site. Off-site accessory structures shall not be allowed.

1. Where Permitted.In the I-R district, outdoor storage and display of merchandise, materials, or equipment, including display of merchandise, materials, and equipment for customer pick-up, shall be subject to approval of a Use Permit by the Community Development Director. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

2. Permit Conditions -- Grounds for Denial.A Use Permit for outdoor storage or display may require yards, screening, or planting areas necessary to prevent adverse impacts on surrounding properties and the visual character of scenic areas, as identified in the General Plan and applicable area plans. If such impacts cannot be prevented, the Community Development Director shall deny the Use Permit application. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

3. Screening.Outdoor storage and display areas shall be screened from view of streets by a solid fence or wall. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall.

a. Coin-operated Vending Machines.Each machine located within 300 feet of an R district, except for machines located on the side of a service station, shall be screened from view from public rights-of-way.

4. Appeals.Decisions of the Community Development Director may be appealed by the applicant to the Planning Commission in accordance with Article 27. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

C. Service Stations and Automobile Washing.The following supplementary development regulations shall apply to the Service Stations and Automobile Washing use classifications:

1. Site Layout.Conditions of Approval of a Use Permit may require buffering, screening, planting areas, or hours of operation necessary to avoid adverse impacts on properties in the surrounding area.

2. Planting Areas.Perimeter planting areas shall be as required for parking lots by Article 16, except where a building adjoins an interior property line. Required interior planting areas may adjoin perimeter planting areas.

3. Storage of Materials and Equipment.The provisions of Section 38-41(B), Outdoor Facilities, shall apply, except that a display rack for automobile products no more than four feet wide may be maintained at each pump island of a service station. If display racks are not located on pump islands, they shall be placed within three feet of the principal building, and shall be limited to one per street frontage. Storage of inoperative vehicles is prohibited. The location of display racks and vending machines shall be specified by the Use Permit.

D.Restaurants and Convenience Markets: Restaurants and convenience markets approved by the Planning Commission shall comply with the following supplementary regulations (unless superseded by area plan):

1. Access.Direct driveway access to scenic Highway 68 shall not be permitted from individual properties.

2.Buffers: Landscape buffers shall be provided at least 100 feet width from the ultimate planned right-of-way of scenic Highway 68.

3.Signage: Signage shall not address scenic Highway 68.

E. Vehicle/Equipment Sales and Rentals -- Limited.Prior to the City’s issuance of a building permit, the developer/owner shall demonstrate compliance with any Monterey County Airport Land Use Commission avigation and hazard easement conditions. (Ord. 3588 § 5, 2018)

F. Review of Plans.Applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3653 § 19, 2022)

G.Extended care shall be limited to areas outside of airport safety zones 1 through 5. Through the use permit process, the City shall evaluate the compatibility of the proposed extended care with adjacent uses. If a development is proposed that would intensify the occupancy level of vulnerable occupants as defined by the Airport Land Use Commission, the proposed changes shall be submitted to the Airport Land Use Commission for subsequent, project-specific consistency determination.

H. Cannabis-Related Agricultural Testing Laboratories.Establishments that test cannabis and cannabis products shall comply with the minimum standards set forth in Division 10 (Cannabis) of the Business and Professions Code, which are incorporated herein by reference, and the following additional standards, requirements, and regulations:

1.No cannabis or cannabis products shall be visible to anyone outside the facility on public or private property.

2.No cannabis consumption shall be allowed on the premises.

3.Establishments shall not be open to the public. There shall be signage posting that no loitering is allowed outside of the facility.

4.The hours for all loading and unloading activities involving the handling of shipments of cannabis or cannabis products are limited to 6:00 a.m. to 9:00 p.m.

5.Establishments shall not be located within a 600-foot radius of a school providing instruction in kindergarten or any grades one through 12, preschool, day care center, or youth center that is in existence at the time the license is issued.

6.All business and surveillance records shall be maintained for a minimum of one year, and shall made available within 24 hours at the request of the City Manager, Police Chief, or their designee.

7.The Monterey Police Department must be notified within 24 hours after discovering inventory discrepancies, theft, diversion, loss, or security breaches pertaining to the operation of the cannabis testing. The Monterey Police Department must be notified immediately after discovery of any other criminal activity that has occurred in the cannabis testing laboratory or on the parking lot serving the establishment. Cannabis testing laboratories must comply with use permit terms and conditions.

8. Use Permit Applications.Use permit applications shall include the following required materials:

i. Testing Accreditation.Testing laboratories must maintain ISO/IEC 17025 accreditation while the business is in operation. Acceptable accreditation must attest to the testing laboratory’s competence to perform testing of the following: cannabinoids, heavy metals, microbial impurities, mycotoxins, residual pesticides, residual solvents and processing chemicals and terpenoids (if tested).

ii. Standard Operating Procedures.Provide a detailed explanation of laboratory standard procedures, including, but not limited to, transportation, testing, and disposition of samples, and other testing materials and equipment.

iii. Security Plan.Provide a detailed security plan, for review and approval by the Police Chief, which includes measures to be used to prevent unauthorized access, protect the physical safety of employees and surrounding properties, and protect against theft/loss of cannabis, cannabis products and all other related materials and equipment. Identify surveillance equipment and locations, physical barriers, alarm systems, and storage of samples and records.

iv. Employees.Applicants must provide and maintain a list of emergency contact information for management employees.

9. Public Nuisance.The failure to comply with any use permit conditions, city codes, or state laws applicable to cannabis testing laboratories is hereby declared a public nuisance.

1.Firearms and ammunition retail sale businesses shall not be located within a 600-foot radius measured from property line to property line of the following uses in existence at the time of submission of a completed application for a use permit under Chapter 38, Article 22 or zone clearance permit under Chapter 38, Article 21:

i.School.

ii.Day care center.

iii.Playground.

iv.Residential zone (i.e., R-1, R-2, R-3, R-E, and any PC zone not governed by a specific plan).

v.Multifamily overlay zone.

vi.Store that sells liquor.

vii.Bar.

viii.Other firearms and ammunition retailers.

ix.Cannabis business. (Ord. 3714 §§ 6, 7, 8, 2025; Ord. 3634 § 6, 2020; Ord. 3625 § 4, 2020; Ord. 3588 § 5, 2018; Ord. 3424 § 1, 2009)

Sec. 38-42. Specific Purposes.

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

A.Provide a suitable classification for large public or private sites permanently designated for open space use or currently in an open space use.

B.Protect public health and safety by limiting lands subject to flooding, slides, or other hazards to open space use.

Sec. 38-43. Applicability.

The O District shall be the base district for the use classifications listed in Section 38-44.

Sec. 38-44. Land Use Regulations.

(Ord 3397, 10/07)

In the following schedule, the letter “P” designates use classifications permitted in “O” districts. The letter “U” designates use classifications permitted on approval of a Use Permit or temporary Use Permit, as provided in Article 22. The “Additional Regulations” column includes certain limitations on allowable uses and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

		Additional Regulations
Public and Semi-public
Cultural Institutions	U
Park and Recreation Facilities	P
Public Safety Facilities	U	See note 1
Utilities -- Major	U	See note 2
Utilities -- Minor	P
Coastal Dependent Research and Education	U	See note 3
Public Serving Uses	U	See note 4

Commercial Uses
Cemetery	U	See note 7
Commercial Recreation and Entertainment	U	See note 5
Eating and Drinking Establishments	U	See note 4
Funeral and Interment Services	U	See note 7
Snack Bar	U	See note 6
Coastal Dependent or Related Uses	U	See note 4
Bicycle/Equipment Rentals	P	See note 8

Accessory Uses: Permitted on the site of a permitted use, but requires a use permit if added on the site of a commercial use or if an accessory commercial use




Temporary Uses	Require administrative approval by the Community Development Director

Nonconforming Uses	See Article 28

P = Permitted U = Use Permit Required

Notes:

1Only lifeguard facilities, small police information kiosks, harbor master office and support services/facilities are allowed along the waterfront.

2The following major utilities are prohibited along the waterfront: generating plants, electrical substations, above-ground transmission lines, and switching buildings.

3Only allowed as specified in the Del Monte Beach Land Use Plan.

4Only allowed as specified in the Monterey Harbor Land Use Plan.

5Use is prohibited adjacent to the waterfront with the exception of beach entertainment as specified in the Harbor Land Use Plan.

6Use is prohibited adjacent to the waterfront with the exception of small snack bar facilities as specified in the Harbor Land Use Plan.

7Use is prohibited within Coastal Zone boundary.

8No parking spaces are required.

(Ord. 3653 § 19, 2022; Ord. 3651 § 4, 2022; Ord. 3593 § 4, 2019; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 38-45. Development Regulations.

Development regulations shall be as specified by a use permit if one is required. If no use permit is required, the regulations of the nearest base district shall apply.

In addition, all development shall be subject to:

Section 38-101, Relocated Buildings;

Section 38-106, Underground Utilities;

Section 38-107, Antennae and Microwave Equipment;

Section 38-109, Screening of Mechanical Equipment;

Section 38-110, Refuse Storage Areas;

Section 38-111, Performance Standards; and

Article 16, Off-Street Parking and Loading Regulations.

Sec. 38-46. Review of Plans.

Applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009)

Sec. 38-47. Specific Purposes.

The specific purpose of the P Parking District is to provide a suitable classification for public or private parking lots or structures.

Sec. 38-48. Land Use Regulations.

In the following schedule, the letter “U” designates use classifications allowed on approval of a Use Permit. The “Additional Regulations” column includes references to regulations located elsewhere in this chapter that apply. If the use classification is not listed, it is prohibited.

		Additional Regulations
Public and Semi-public
Parking Lots/Structures	U
Accessory Uses	U
U = Use Permit L = Limited

Sec. 38-49. Development Regulations.

Development regulations shall be as specified by Use Permit.

Sec. 38-50. Review of Plans.

Applications for new construction shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009)

Sec. 38-51. Specific Purposes.

The specific purposes of the PC Planned Community District are to:

A.Establish a procedure for the development of large parcels of land in order to reduce or eliminate the rigidity, delays, and conflicts that otherwise would result from application of zoning standards and procedures designed primarily for small parcels.

B.Ensure orderly and thorough planning and review procedures that will result in quality urban design.

C.Encourage variety and avoid monotony in large developments by allowing greater freedom in selecting the means to provide access, light, open space, and amenity.

D.Provide a mechanism whereby the City may authorize desirable developments, consistent with the General Plan and applicable area plans or specific plans, without inviting speculative rezoning applications, which, if granted, often could deprive other owners of development opportunities without resulting in construction of the proposed facilities.

E.Encourage allocation and improvement of common open space in residential areas, and provide for maintenance of the open space at the expense of those who will directly benefit from it.

F.Encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.

Sec. 38-52. Land Use Regulations.

No use other than an existing use shall be permitted in a PC district, except in accord with a valid PC Plan or Specific Plan. Accessory dwelling units in accord with Section 38-112.6 may also be allowed in a PC zone where single-family or multifamily dwellings are permitted, and junior accessory dwelling units may be permitted in a PC zone where single-family dwellings are permitted. Any permitted or conditional use authorized by this chapter may be included in an approved PC Plan or an adopted Specific Plan, consistent with the General Plan land use designation(s) for land within the PC district. (Ord. 3641 § 16, 2021)

Sec. 38-53. Development Regulations.

A. Minimum Area.The minimum net area of a PC district shall be ten acres, provided that a PC district may be subdivided in accord with a valid PC Plan or Specific Plan.

B. Residential Unit Density.The total number of dwelling units in a PC Plan shall not exceed the maximum number permitted by the General Plan density for the total developable area of parcels designated for residential use and for open space. In determining the maximum number of units, undevelopable land and land devoted to existing public and private streets shall be excluded.

C. Performance Standards.The performance standards prescribed by Section 38-111 shall apply.

D. Other Development Regulations.Base district regulations shall be applied to PC districts. There shall be no exceptions to base district height, open space, setbacks from property lines, and intensity standards in PC districts. Other base districts standards may vary and additional standards may be applied, as prescribed by the PC Plan or Specific Plan.

Sec. 38-54. Initiation.

An amendment to reclassify property to PC shall be initiated by a property owner or authorized agent, the Planning Commission, or the City Council. If the property is not under a single ownership, all owners shall join in an application initiated by property owners, and a map showing the extent of ownerships shall be submitted with concept plans and materials.

Sec. 38-55. Required Plans and Materials.

In addition to the plans and materials required to accompany an application for a zoning map amendment by Article 26, an application for rezoning to a PC district shall include a PC Plan or Specific Plan, including the following items:

A.A map showing proposed district boundaries and the relationship of the district to uses and structures within a 300-foot radius of the district boundaries;

B.A map or aerial photo of the proposed district and 100 feet beyond its boundary showing sufficient topographic data to indicate clearly the character of the terrain; ridgelines and creeks; the type, location, and condition of mature trees and other natural vegetation; and the location of existing development;

C.A conceptual site plan showing the proposed pattern of land use with acreage and residential density computation;

D.The proposed land use regulations and physical development standards, including building setbacks, maximum height, lot coverage, landscaping, parking, lot dimensions, and other relevant requirements;

E.The proposed street and lot pattern; and

F.A three-dimensional model of the proposed development, delineating buildings, open space, and internal circulation.

Sec. 38-56. Adoption Procedures.

A.The Planning Commission shall consider an application for rezoning to a PC district under the procedures established in Article 26. The Planning Commission shall consider the proposed PC Plan of Specific Plan accompanying the application at the same time. A recommendation of the Planning Commission to rezone land to a PC district shall be accompanied by a resolution approving a PC Plan or recommending a Specific Plan. The Planning Commission may require either a PC Plan, a Specific Plan, or both.

1. Required Findings.The Planning Commission shall approve or conditionally approve a PC Plan, or recommend approval of conditional approval of a Specific Plan, upon finding that:

a.The PC Plan or Specific Plan is consistent with the General Plan, any applicable area plan, and other applicable policies and is compatible with surrounding development;

b.The PC Plan or Specific Plan will enhance the potential for superior urban design in comparison with the development under the base district regulations that would apply if the Plan were not approved;

c.Deviations from the base district regulations that otherwise would apply are justified by compensating benefits of the PC Plan of Specific Plan;

d.The PC Plan or Specific Plan includes adequate provisions for utilities services, and emergency vehicle access; and

e.Public service demands will not exceed the capacity of existing and planned systems.

B.The City Council shall hold a hearing, as provided by Article 26, on any application and plan transmitted to it by the Planning Commission.

C.Following a hearing, the City Council may approve or conditionally approve a PC Plan or a Specific Plan and adopt a PC district for the area described in the application, if the City Council concurs with the findings required by Subsection (A)(1) above.

C.The City Council shall adopt each PC district by ordinance, pursuant to Article 26. The adopting ordinance shall include a reference to the approved PC or Specific Plan for the district, a statement of purposes, and a list of the land use and property development regulations that apply.

Sec. 38-57. Status of PC Plan.

A PC Plan shall be effective on the same date as the ordinance creating the PC district for which it was approved and shall expire two years after the effective date, unless a building permit has been issued, construction diligently pursued, and substantial funds invested. An approved PC Plan may specify a development staging program exceeding two years.

The City Council may renew a PC Plan for one or two years, as specified in the decision or renewal, if it finds the renewal consistent with the purposes of this chapter. Application for renewal shall be made in writing to the Community Development Director not less than 30 days nor more than 120 days prior to expiration. An application for approval of a new PC Plan or for a revision of a PC Plan shall be considered by the Planning Commission and City Council at public hearings with notice given, as prescribed for a Use Permit in Article 22. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 38-58. Status of Specific Plan.

A Specific Plan adopted by resolution of the City Council shall be administered as prescribed by the City Council, consistent with the Government Code, Section 65450 et seq.

Sec. 38-59. Zoning Map Designation.

A PC district shall be noted by the designation “PC,” followed by the number of the PC district, based on the order of adoption.

Monterey City Zoning Code

PART II

Base District Regulations

Sec. 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.

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.

Sec. 38-22. R-E Residential Estate District.

		Additional Regulations
Residential Uses

Single-family Residential	P
With more than one kitchen	U
With boarders or lodgers	P	Rooms shall not contain kitchen facilities.
Day Care, Ltd.	P
Employee Living Quarters	U
Guest House	U
Residential Care, Ltd.	P
Supportive Housing	P
Transitional Housing	P
Accessory Dwelling Units	P	See Section 38-112.6
Junior Accessory Dwelling Units	P	See Section 38-112.6

Public and Semi-public Uses

Day Care, Large Family	U	See Section 38-26(J)
Park and Recreation Facilities	U
Public Safety Facilities	U
PWS Facilities	U
Religious Assembly	U
Residential Care, General	U
Schools, Public or Private	U
Utilities, Major	U
Utilities, Minor	P

Accessory Uses

Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios. Bath facilities are limited to a half bath, and a full bath is not permitted.		See Section 38-26

Temporary Uses		Require administrative approval by the Community Development Director

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

(Ord. 3653 § 19, 2022; Ord. 3641 § 7, 2021; Ord. 3560 § 3, 2017; Ord. 3554 § 3, 2016; Ord. 3495 § 2, 2014; Ord. 3472 § 1, 2012; Ord. 3443 § 5, 2010)

	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:

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.

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

c20 percent of the lot width but not more than 25 feet.

e25 percent of the lot width but not more than 30 feet.

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

a.Number of Off-Street Parking Spaces Required:

Single-Family Dwelling	2, including 1 covered.
Guest House	1
Other use classifications	See Article 17.

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.

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

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.

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

a.Adopted Neighborhood Compatibility Design Guidelines:

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

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

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

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

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

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)

Sec. 38-23. R-1 Residential Single-Family District.

		Additional Regulations
Residential Uses

Single-family Residential	P
With more than one kitchen	U
With boarders or lodgers	P	Rooms shall not contain kitchen facilities.
Day Care, Ltd.	P
Guest House	U	Prohibited on lots less than 8,000 square feet in size. See Section 38-26 R (Ord. 3246 § 1, 1999)
Residential Care, Ltd.	P
Supportive Housing	P
Transitional Housing	P
Accessory Dwelling Units	P	See Section 38-112.6
Junior Accessory Dwelling Units	P	See Section 38-112.6

Public and Semi-public Uses

Day Care, Large Family	U	See Section 38-26(J)
Park and Recreation Facilities	U
Public Safety Facilities	U
PWS Facilities	U
Religious Assembly	U
Residential Care, General	U
Schools, Public or Private	U
Utilities, Major	U
Utilities, Minor	P

Accessory Uses

Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios. Bath facilities are limited to a half bath, and a full bath is not permitted.		See Section 38-26

Temporary Uses		Require administrative approval by the Community Development Director

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

(Ord. 3653 § 19, 2022; Ord. 3641 § 8, 2021; Ord. 3560 § 4, 2017; Ord. 3554 § 4, 2016; Ord. 3495 § 2, 2014; Ord. 3472 § 1, 2012; Ord. 3443 § 5, 2010)

	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

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

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.

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

c20 percent of lot width, but not less than 10 feet, or more than 15 feet.

e25 percent of lot width, but not less than 15 feet, or more than 20 feet.

fOn 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.

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

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.

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.

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.

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

a.Adopted Neighborhood Compatibility Design Guidelines:

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

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

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

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

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

Lots less than 3,600 square feet:	0.35
Lots 3,600 square feet or more:	0.40

2.Maximum Height: 25 feet

5.Number of Off-Street Parking Spaces:

Lots 3,600 square feet or more:	2, including 1 covered
Lots less than 3,600 square feet:	1 covered space

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

F.Repealed.

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

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

3.The building site exceeds 15 percent slope; or

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

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

		Additional Regulations
Residential Uses
Single-family Residential	P
With Boarders or Lodgers	P	Rooms shall not contain kitchen facilities.
Multi-family Residential
Four or more units	U
Three or fewer units	P
All other projects	U	Planning Commission approval required.
Condominium	U
Day Care, Ltd.	P
Residential Care, Ltd.	P
Supportive Housing -- four or more units	U
Transitional Housing -- four or more units	U
Supportive Housing -- three or fewer units	P
Transitional Housing -- three or fewer units	P
Accessory Dwelling Units	P	See Section 38-112.6
Junior Accessory Dwelling Units	P	See Section 38-112.6

Commercial Uses
Horticulture, Ltd.		Greenhouses not to exceed 500 sq.ft.

Public and Semi-public Uses
Clubs and Lodges	U
Day Care, Large Family	U	See Section 38-26(J)
Day Care, General	U
Park and Recreation Facilities	U
Public Safety Facilities	U
PWS Facilities	U
Religious Assembly	U
Residential Care, General	U
Schools, Public or Private	U
Utilities, Major	U
Utilities, Minor	P

Accessory Uses
Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios.		See Section 38-26

Temporary Uses
Commercial Filming, Ltd.	U
Personal Property Sales	P
Street Fairs	U

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

(Ord. 3641 § 9, 2021; Ord. 3554 § 5, 2016; Ord. 3495 § 2, 2014; Ord. 3443 § 5, 2010)

	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

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

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.

a2,500 square feet in the R-2-5 District.

c20 percent of lot width; 10 foot minimum, 15 foot maximum.

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

eFor 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.

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

h20 feet for two story structures Ord 3266 §1, 1999

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.

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.

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.

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

a.Adopted Neighborhood Compatibility Design Guidelines;

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

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

d.Architectural Review Committee adopted Tree Protection Standards; and

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

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

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.

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

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

		Additional Regulations
Residential Uses
Multi-family Residential
Four or more units	U
Three or fewer units	P
All other projects	U	Planning Commission approval required.
Condominium	U
Day Care, Ltd.	P
Group Residential	P
Residential Care, Ltd.	P
Single-family Residential	P
With Boarders or Lodgers	P	Rooms shall not contain kitchen facilities.
Condominiums	U
Supportive Housing -- four or more units	U
Transitional Housing -- four or more units	U
Supportive Housing -- three or fewer units	P
Transitional Housing -- three or fewer units	P
Accessory Dwelling Units	P	See Section 38-112.6
Junior Accessory Dwelling Units	P	See Section 38-112.6

Public and Semi-public Uses
Clubs and Lodges	U
Cultural Institutions	U
Day Care, Large Family	U	See Section 38-26(J)
Day Care, General	U
Park and Recreation Facilities	U
Public Safety Facilities	U
PWS Facilities	U
Religious Assembly	U
Residential Care, General	U
Schools, Public or Private	U
Utilities, Major	U
Utilities, Minor	P

Accessory Uses
Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios.		See Section 38-26

Temporary Uses
Commercial Filming, Ltd.	U
Personal Property Sales	P
Street Fairs	U

Nonconforming Uses		See Article 28

P = Permitted U = Use Permit Required

(Ord. 3641 § 10, 2021; Ord. 3560 § 6, 2017; Ord. 3554 § 6, 2016; Ord. 3495 § 2, 2014; Ord. 3443 § 5, 2010)

	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.

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.

b20 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.

dThe 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.

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

hFor 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.

jFor 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.

kRepealed by Ord. 3560.

lRepealed by Ord. 3560.

m20 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.

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