Monterey City Zoning Code

PART III

Overlay District Regulations

Article 16A. RELIGIOUS ASSEMBLY IN THE GARDEN ROAD I-R-130 ZONING DISTRICT OVERLAY DISTRICT

(Ord 3351, 03/2005)

Article 16B. EMERGENCY SHELTER OVERLAY DISTRICT

(Ord. 3571, 7/17)

Sec. 38-60. Specific Purposes.

The AP Administrative-Professional Overlay District is intended to provide a mechanism for considering administrative, professional, and related office uses in R-3 Residential Medium-density Multi-family Dwelling Districts.

Sec. 38-61. Applicability and Zoning Designator.

The AP Administrative-Professional Overlay District may be combined with any R-3 Residential Medium-density Multi-family Dwelling District. It may be initiated by the Planning Commission or City Council under the procedures established in Article 26 -- Amendments. Each AP Overlay District shall be shown on the Zoning Map by adding an “AP” to the base district designator.

Sec. 38-62. Land Use Regulations.

In the AP Overlay District, any use listed as a principal permitted use in the CO Office and Professional District may be allowed with a use permit. Additionally, a combination of office and residential uses may be allowed with a use permit. Accessory dwelling units in accord with Section 38-112.6 may also be allowed in an AP Overlay District where single-family or multifamily dwellings are permitted, and junior accessory dwelling units may be permitted in an AP Overlay District where single-family dwellings are permitted. (Ord. 3641 § 17, 2021)

Sec. 38-63. Development Regulations.

All uses in the AP Overlay District shall comply with the Development Regulations of the underlying R-3 Residential Medium-density Multi-family Dwelling District. All uses shall provide off-street parking and loading spaces, as required in Article 18 -- Off-street Parking and Loading Regulations. The location and area of all signs visible from outside buildings shall be subject to approval by the Architectural Review Committee.

Sec. 38-64. 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. 38-65. Specific Purposes.

The specific purpose of the D Design and Development Control Overlay District is to ensure appropriate review for projects in areas of environmental sensitivity or where urban design and site planning considerations are judged important. Three subdistricts are established to accomplish this objective:

D1 -- Design Control overlay district will require Architectural Review Committee approval of all new construction and exterior alterations and additions. Specific limitations are set on conditions of approval to prohibit the Committee from imposing requirements that are more restrictive than those prescribed by applicable base district regulations of a valid use permit or variance.

D2 -- Development Control overlay district will require Planning Commission and Architectural Review Committee approval of all new construction and exterior alterations and additions. Conditions of approval may impose requirements that are more restrictive than those prescribed by applicable base district regulations if the Planning Commission finds these requirements are necessary to have a harmonious relationship with existing and planned uses in the vicinity and with sensitive environmental resources.

D3 -- Historic Development Control overlay district will require Planning Commission and Architectural Review Committee approval of all new construction, exterior alteration, or addition on a site which could affect a designated historic building or site. Conditions of approval may impose requirements that are more restrictive than those prescribed by applicable base district regulations in the Planning Commission finds these requirements are necessary to preserve the setting or to create a harmonious relationship with adjoining or nearby historic resources.

Sec. 38-66. Applicability and Zoning Map Designator.

The D Design and Development Control Overlay District may be combined with any zoning district. It may be initiated by the Planning Commission or the City Council under the procedures established by Article 26, Amendments. Each D overlay district shall be shown on the zoning map by adding a “-D1,” “-D2,” or “-D3” designator, as the case may be, to the base district designation. Each D2 designator shall be followed by a reference to the ordinance adopting the district which includes the required findings and any specific conditions or standards applying to development within the district. A D2 designation shall only be applied when rezoning a property from one base district to another.

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

Land use and development regulations shall be those of the base district with which the D district is combined, unless modified by another overlay district. The following limitations shall apply to conditions of approval:

A. D1 District.In a D1 district, conditions relating to architectural design are acceptable. However, no condition of site plan approval shall impose requirements pertaining to use, density, FAR, private open space, yards, parking, or loading that are more restrictive than those prescribed by applicable base district regulations, unless modified by another overlay district, a Use Permit, or variance.

B. D2 District.In a D2 district, the Planning Commission may impose specific conditions or standards pertaining to architectural design, use, hours of operation, special setbacks and buffers, fences and walls, outdoor lighting, driveway locations, parking area landscaping, signs, landscaping, street dedication, and related public improvements, upon finding that:

1.Such requirements are necessary to protect the adjoining property and to assure appropriate development, and are consistent with the General Plan and the purposes of this ordinance.

C. D3 District.In a D3 district, the Planning Commission may impose specific of standards pertaining to architectural design; building mass, bulk, and height; walls; outdoor lighting; driveway locations; parking area landscaping; signs; landscaping; street dedication; and related public improvements upon finding that:

1.Such requirements are necessary to protect adjoining or nearby historic resources, to assure appropriate development, and to assure consistency with the General Plan and adopted historic preservation policies.

Sec. 38-68. Review of Plans.

A. D1 District.The submission requirements and procedures of Article 24, Development Review Committee Approval, and Article 25, Architectural Approval, shall apply.

B. D2 and D3 Districts.A two-part review process is required.

1. Initial Review.The Planning Commission shall review the concept plan required by Article 25 prior to any review by the Architectural Review Committee. In the D3 district, the Historic Preservation Commission shall make advisory recommendation to the Planning Commission. The Planning Commission shall approve, approve with modifications, or deny the concept plan within 45 days of receipt of a completed application, unless an extension of time is acceptable to the applicant. Any requirements imposed pursuant to Section 38-67(B) must be supported by the required findings. The Planning Commission’s decision shall be final, unless appealed to the City Council in accord with Article 27. The Planning Commission, on its own motion, may refer its decision to the City Council for further consideration. The City Council shall act on a referral from the Planning Commission within 45 days or the Planning Commission’s decision is deemed affirmed.

2. Final Review.Following Planning Commission or City Council review, all applications for development approval shall be subject to Article 24, Development Review Committee Approval, and Article 25, Architectural Approval.

C. Appeals.The applicant may appeal decisions of the Development Review Committee, Architectural Review Committee, or Planning Commission in accord with Article 27.

Sec. 38-69. Specific Purposes.

The S Special Setback Overlay District is intended to provide a mechanism for increasing setbacks along scenic streets and highways and the shoreline of Monterey Bay, El Estero and Roberts Lake to protect natural resources and to achieve a visually pleasing relationship between buildings and the environment where they are located.

Sec. 38-70. Applicability and Zoning Map Designator.

The S Special Setback Overlay District may be combined with any zoning district. It may be initiated by the Planning Commission or City Council under the procedures established in Article 26, Amendments. Each S overlay district shall be shown on the zoning map by adding a “ S” to the base district designator.

Sec. 38-71. Special Setback Map.

The specific setback required shall be delineated on a Special Setback Map, adopted at the same time as the zoning map amendment establishing an S overlay district. Lots subject to a special setback standard shall be identified and the setback requirement denoted as follows:

-A number followed by the letter “F” shall indicate the required front or corner side setback in feet.

-A number followed by the letter “S” shall indicate the required setback in feet of all structures, including bulkheads, from the adjacent shoreline.

-The precise boundary of any shoreline subject to a special setback requirement shall be the NOAA Elevation 4.60 Mean High Tide Line on Aerial Maps dated September 30, 1985, established by the City Engineer and delineated on the Special Setback Map.

Sec. 38-72. Specific Purposes.

The purpose of historic zoning is to implement the Urban Design Overview, Historic Preservation Element and Economic Element of the General Plan; to implement historic preservation provisions of adopted neighborhood plans; to promote the preservation, rehabilitation, restoration, reconstruction, and protection of historic resources; to enhance and preserve the setting of historic resources so that surrounding land uses, including design and color, do not detract from the historic resources; to encourage and promote public knowledge, understanding, and appreciation of the city’s history; to promote appreciation and use of historic resources; to encourage preservation of resources, which may potentially be considered eligible for Historic Zoning; to promote public awareness of the benefits of preservation; and to encourage public participation in identifying and preserving historical resources, thereby increasing community pride in the city’s cultural heritage.

Sec. 38-73. Definitions.

The following definitions shall apply to this Article 15 in addition to the definitions contained elsewhere in the Zoning Ordinance. Defined terms in this Article are capitalized in the text.

A. Adopted Survey List.A list of properties with potential to meet the Criteria for Historic Zoning identified in an Intensive Survey.

B. Alteration.For the purpose of this Article 15 of the Zoning Ordinance, “Alteration” means any change, repair, replacement, modification, or new construction to: (1) the exterior of an historic resource, (2) the exterior and interior structural elements which support the exterior walls, roof, or exterior elements of the historic resource, (3) other construction on a lot, or (4) the significant interior Character Defining Features of the historic resource, unless the interior is exempt from Historic Permit review by the Historic Preservation Commission. “Alteration” does not include ordinary landscape maintenance unless the landscaping is identified as significant at the time a property receives historic zoning, or in an adopted Historic Preservation Report.

C. California Register.California Register of Historical Resources defined in California PRC 5024.1 and in CCR Title 14 Chap 11.5, Sec 4850 et seq. as it may be amended.

D. Character Defining Features.As outlined in National Register Bulletin 15 and Preservation Brief 17: How to Identify Character Defining Features, the architectural character and general composition of a resource, including, but not limited to, type and texture of building material; type, design, and character of all windows, doors, stairs, porches, railings, molding and other appurtenant elements; and fenestration, ornamental detailing, elements of craftsmanship, finishes, etc.

E. Contributing Resource.A Contributing Resource is an historic resource which contributes to the historic character of an H-D Historic District, as described in National Register Bulletin 15.

F. Criteria.Criteria are the general standards by which the significance of a historic property is judged for inclusion in the National and/or California Register and eligible for Historic Zoning, including the quality of significance present in resources that possess integrity and: 1) are associated with events that have made a significant contribution to the broad patterns of our history, 2) are associated with the lives of significant persons in or past, 3) embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction, or 4) have yielded or may be likely to yield, information important in history or prehistory. These are criteria used by the National Register and California Register, and the National Register and California Register standards for those criteria are included in this Article by reference. See also definitions for National Register and California Register.

G. DPR 523 Survey.Department of Parks and Recreation DPR 523 series survey forms, available from the State Office of Historic Preservation, including (1) Primary Record, (2) Building, Structure, and Object Record, and (3) Any additional survey form appropriate for documentation of the subject historic resource.

H. Historic Overlay Zoning or Historic Zoning.Properties designated with the H-1 Landmark, H-2 City Historic Resource, or H-D Historic District zoning.

I. Historic Preservation Report.A vehicle for preservation, rehabilitation, restoration, or reconstruction of an historic resource. The Report is based on the Secretary of the Interior’s Standards for Treatment of Historic Properties which has standards and guidelines for recommended treatments for preserving historic resources. The Secretary’s standards recommend four potential treatments. These are Preservation, Rehabilitation, Restoration, and Reconstruction. An Historic Preservation Report is adopted by the Historic Preservation Commission and shall remain in effect for a period of three years from date of adoption. The Historic Preservation Commission may extend or re-adopt an approved program for periods of three years or less.

J. Historic Resource.A building, structure, object, site or district as defined in National Register Bulletin 15.

K. Integrity.Aspects of Integrity (location, design, setting, materials, workmanship, feeling, and association) described in National Register Bulletin 15.

L. Intensive Survey.An historic survey identifying whether a property meets the Criteria for Historic Zoning. An Intensive Survey also identifies resources subject to Section 38-74 of this ordinance. An Intensive Survey consists of a completed DPR 523 series survey forms, including (1) Primary Record, (2) Building, Structure, Object Record, and (3) Any additional survey form appropriate for documentation of the subject historic resource.

M. Minor Repairs.Alteration which is determined by the Community Development Director to be consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties, and does not have an adverse impact on the Integrity of the historic resource. Examples of a minor repair would be repair of a deteriorated or damaged part of an historic resource with the minimum loss of historic materials, i.e., repair of damage to a window, portions of a porch railing, or replacement of deteriorated deck boards. Removal of historic materials where those materials are not damaged or deteriorated shall not be considered a minor repair. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

N. National Register.National Register of Historic Places (36 CFR Part 60).

O. National Register Bulletin 15.National Register Bulletin 15, How to Apply the National Register Criteria for Evaluation, National Park Service, 1991, as it may be amended. See also the definition for Criteria.

P. Non-Contributing Resource.A Non-Contributing Resource is a resource located within the boundaries of an H-D Historic District which does not contribute to the district as defined in National Register Bulletin 15.

Q. Qualified Professional.An individual meeting the Secretary of the Interior’s Professional Qualifications Standards (36 CFR Part 61 Appendix A) in history, architectural history, and historic architecture or an individual determined by the Community Development Director to have the qualifications generally equivalent to the above standards based on demonstrated experience in history, architectural history, and historic architecture. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

R. Reconnaissance Survey.A preliminary historic survey of a defined geographic area. A Reconnaissance Survey identifies resources to be surveyed with an Intensive Survey. A Reconnaissance Survey also identifies resources subject to Section 38-74 of this ordinance. A Reconnaissance Survey will generally include DPR 523 Primary Record survey form or equivalent information.

S. Reconnaissance Survey List.A list of properties with Reconnaissance Surveys that identify resources to be surveyed with an Intensive Survey.

T. Secretary of the Interior’s Standards for Treatment of Historic Properties.The Secretary of the Interior’s Standards for Treatment of Historic Properties (36 CFR Part 67), with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (Weeks and Grimmer, National Parks Service 1995), as they may be amended. (Ord. 3424 § 1, 2009)

Sec. 38-74a. Survey Procedures.

A. Purpose.A survey is a document which identifies historic elements of a building and site. This section includes survey procedures to identify properties which meet the Criteria for Historic Zoning. Surveys may be conducted on individual properties; however, it is the City’s goal that all properties in Monterey will be surveyed over time. For area-wide surveys, the City will initially identify geographical areas that do not have properties with potentially historic resources. Properties within these areas would be excluded from historic review, except CEQA historic review, as required by State law. The balance of the City will be surveyed to identify properties with potentially historic resources. There are two levels of survey. The initial survey will be a Reconnaissance Survey as defined, which is an overview survey to identify properties that qualify for an Intensive Survey. An Intensive Survey identifies whether a property meets the Criteria for Historic Zoning. In addition to the Citywide survey, properties may be individually surveyed. The City will maintain a list of all adopted surveys and will use the survey information to identify and protect potentially historic resources as outlined in Section 38-74b.

B. Reconnaissance Survey List; Adopted Survey List.The City shall maintain a list of surveyed properties. The list of properties with potential to meet the Criteria for Historic Zoning as identified in an Intensive Survey shall be deemed the “Adopted Survey List.” The list of properties identified in a Reconnaissance Survey shall be deemed the “Reconnaissance Survey List.” All surveys set forth in this section shall be prepared by or under supervision of a Qualified Professional.

a.All properties identified by a Reconnaissance Survey prepared after March 7, 2000, shall be included in the Reconnaissance Survey List if adopted pursuant to in (1), (2), or (3) below. All properties identified as having potential to meet the Criteria for Historic Zoning in an Intensive Survey prepared after March 7, 2000, shall be included in the Adopted Survey List if adopted pursuant to in (1), (2), or (3) below.

(1)Surveys prepared in conjunction with a Planning Permit or Historic Permit application may be adopted by the Historic Preservation Commission.

(2)Surveys may be adopted by the City Council after public hearing and recommendation by the Historic Preservation Commission. Notice equivalent to use permit notice shall be given for both the Historic Preservation Commission and City Council public hearing.

(3)Area-wide surveys shall be adopted by the City Council as follows:

a.Area-wide surveys may be initiated by the City Council after recommendation by the Historic Preservation Commission. The Historic Preservation Commission shall establish the survey boundaries.

b.Notice of the proposed survey shall be mailed to all property owners within the survey area or by placing a display advertisement at least one-eighth page in at least one newspaper of general circulation within the City.

c.The Historic Preservation Commission shall hold a public hearing prior to recommending adoption of the survey. Notice and survey forms shall be sent to all property owners proposed for inclusion on the Reconnaissance Survey List or Adopted Survey List at least thirty (30) days prior to the public hearing.

d.The City Council shall hold a noticed public hearing prior to adoption of the survey.

e.In the public hearing process, properties may be added to or deleted from inclusion on the Reconnaissance Survey List or Adopted Survey List if the addition or deletion is noticed and based on information supplied by a Qualified Professional.

2. Procedure for Removal from the Reconnaissance Survey List or Adopted Survey List.The Historic Preservation Commission may remove properties from a Reconnaissance Survey List or Adopted Survey List if an Intensive Survey is prepared and the property is determined not eligible for historic zoning. (Ord. 3424 § 14, 2009)

Sec. 38-74b. Land Use Regulations for Properties Without Historic Zoning.

A. Description.The provisions of this section are intended to identify and provide a historic review of properties identified in a Reconnaissance Survey or Intensive Survey, or which are determined to potentially meet the criteria for Historic Zoning by the Community Development Director. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

B. Applicability.The land use regulations of this section shall apply if the property conforms to one of the following:

1.The property has been surveyed and is included in the Reconnaissance Survey List or Adopted Survey List.

2.The Community Development Director has determined that the property potentially meets the criteria for Historic Zoning and is not excluded per Section 38-74b Paragraph C below. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

C. Exclusions.The provisions of this Section 38-74b shall not apply to the following properties: (Exclusion pursuant to this section does not exempt properties from CEQA historic provisions.)

1.Properties in areas of the City which do not have resources with the potential for historic zoning. The Historic Preservation Commission shall prepare and adopt the map of excluded areas following a noticed public hearing.

2.Properties that are not on the Reconnaissance Survey List or Adopted Survey List in an area which has been subject of an area-wide survey.

3.Properties that have been surveyed and determined not eligible for historic zoning within the past five years.

4.Properties that have been surveyed and removed from the Reconnaissance Survey List or Adopted Survey List pursuant to provisions of Section 38-74a.

5.Properties with H-1 or H-2 zoning or properties within an H-D Historic District. (These properties must follow Historic Permit and Historic District sections of this ordinance.)

D. Land Use Regulations for Alteration.The procedure for alteration of applicable properties shall be as follows:

The proposed alteration shall be reviewed by the Community Development Director to determine whether the alteration conforms to the Secretary of the Interior’s Standards for the Treatment of Historic Properties. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

a.Alterations which conform to the Secretary of the Interior’s Standards for the Treatment of Historic Properties shall follow the regular City planning and buildings permit review process.

b.Alterations which do not conform to the Secretary of the Interior’s Standards for the Treatment of Historic Properties are subject to the following regulations:

(1)If the property is listed on the Reconnaissance Survey List, an Intensive Survey shall be prepared. If the Intensive Survey determines that the property is potentially eligible for Historic Zoning, the property shall be added to the Adopted Survey List. If the survey determines the project is not eligible for Historic Zoning, the project shall follow the regular City planning and building permit review process.

(2)If no discretionary planning permit approval is required, the project shall be subject to Architectural Approval as described in Article 25 of the Zoning Ordinance.

(3)If the property is listed or placed on the Adopted Survey List, the project shall be presented to the Historic Preservation Commission for recommendations to the decision-making body for bringing the project into conformity with the Secretary of the Interior’s Standards for Treatment of Historic Properties.

E. Land Use Regulations for Demolition.The procedure for Demolition Permits for applicable properties shall be as follows:

1. Intensive Survey.An Intensive Survey of the property which is the subject of demolition, is required for issuance of a Demolition permit. The City shall prepare and adopt an Intensive Survey at the applicant’s expense if an Intensive Survey has not been completed or updated within the past five years.

a.If the Intensive Survey concludes that the property does not meet the Criteria for Historic Zoning and should be removed from the Adopted Survey List, the demolition shall follow the regular City review process.

b.If the Intensive Survey concludes that the property meets Criteria for Historic Zoning, the Historic Preservation Commission shall review the impacts of demolition, including CEQA review, and may recommend a delay period as set forth below.

2. Demolition Delay.The Historic Preservation Commission may recommend a delay period to the City Council of up to 180 days for properties identified by an Intensive Survey as meeting the Criteria for Historic Zoning. The City Council shall approve, modify, or deny the demolition delay as recommended by the Historic Preservation Commission.

a.The purpose of the delay period is to discuss: (a) design alternatives which meet the Secretary of the Interior’s Standards for Treatment of Historic Properties, (b) potential for Historic Zoning, including incentives, and (c) in the case of potential H-1 properties, possible initiation of H-1 zoning.

b.Following the up to 180 day delay period, a demolition permit shall be issued concurrently with, but not prior to, issuance of a building permit for the replacement structure. (Ord. 3424 § 1, 2009)

Sec. 38-75. H-1 Landmark Overlay Zoning.

A. Description.H-1 zoning is intended to identify and protect the most important historic resources in the City, generally including properties with statewide, national, or international historic significance where that significance would be recognized outside of the City, and the City is steward of those resources are preserved for its citizens and a larger public. The City recognizes its responsibility for preserving these resources for a national and international public, and the H-1 zone may be established without owner consent in order to fulfill that responsibility. The H-1 zone includes a strong series of incentives to support and encourage preservation of the historic resources.

B. Applicability and Zoning Map Designator.Historic zoning may be combined with any zoning district. Each H-1 zone shall be shown by adding an “H-1” to the base district designation.

C. Criteria for Adoption.H-1 Landmark zoning may be applied only to properties which meet National Register of Historic Places criteria defined in National Register Bulletin 15, and the property is the first, last, only, rare, or most significant resource of its type in the region. Notwithstanding the foregoing, the H-1 Landmark zoning district may be applied to adobe resources built prior to 1879 and other “H” zoned resources as of March 7, 2000, which may not meet National Register integrity standards. The National Register Criteria are generally described as historic event, person, design or information potential, and are fully defined in National Register Bulletin 15.

D. Procedure for Adoption of H-1 Landmark Zoning.Establishment of H-1 Landmark zoning shall follow the procedures established by Article 26, which establishes the process for rezoning, with the additional provisions that

1.In addition to the provisions which allow the City Council, Planning Commission, Community Development Director, or property owner to initiate Zoning Map amendments, H-1 Landmark zoning may be initiated by the Historic Preservation Commission. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

2.In addition to the information required to support a rezoning pursuant to this chapter, eligibility for historic zoning shall be predicated on an Intensive Survey prepared or updated by or under supervision of a Qualified Professional within the last five years.

3.In addition to the regular public hearing process for rezoning, the Historic Preservation Commission shall initially hold noticed public hearings and make recommendation to the Planning Commission.

E. Historic Zoning on a Portion of a Lot.H-1 zoning may be applied to an eligible historic resource on less than the entire lot where the historic resources occupy a small portion of the lot and Historic Zoning and review on the balance of the lot would not be appropriate. Documentation of the boundaries so zoned shall be included. The intent of this provision is that the entire historic resource and an appropriate setting be zoned. This is not intended to permit Historic Zoning of only facades or component parts of a resource.

F. Rescission of Historic Zoning.It is not the general intention of the City to remove historic designation from a property; however, the City Council may rezone a property to remove Historic Zoning following the process for adoption, set forth in this Section, if the historic resource no longer meets the Criteria for designation.

1. Historic Provisions Supersede Underlying Zoning Provisions.The provisions of this Zoning Ordinance Article 15 shall supersede the provisions of the underlying zone, where conflicts arise.

2. Historic Permit Required for Alteration or Demolition.An Historic Permit shall be required for any Alteration or demolition within H-1 Landmark zone.

(1)Application shall be made on forms provided by the Community Development Department. Additional information may be requested as required. (Ord. 3653 § 19, 2022)

(2)For minor repairs, as defined, the application may be approved by the Community Development Director upon making the findings that that the proposed work is consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties. If this finding cannot be made, the Community Development Director cannot treat the application as a minor repair and must refer the matter to the Historic Preservation Commission for a Historic Preservation Report and a hearing, as set forth below. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

(3)For all other applications for Alteration, a Historic Preservation Report is required, as defined in this Section. The Historic Preservation Commission shall review said application and Report. A Historic Permit shall be issued only upon a finding that the proposed work is consistent with an adopted Historic Preservation Report and the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

(4) Historic Preservation Report.An Historic Preservation Report shall be adopted by the Historic Preservation Commission and shall remain in effect for a period of three years from date of adoption. The Historic Preservation Commission may extend or re-adopt an approved program for periods of three years or less. It shall be based on the Secretary of the Interior’s Standards for Treatment of Historic Properties and shall include the following:

a.Which of the four Secretary of the Interior’s Standards for Treatment of Historic Properties is being proposed for the resource.

b.A written description of historic events connected with the resource.

c.The historic context and interpretive period.

d.An architectural history of the resource which includes:

•Photographs and drawings which identify the original building, structure, object, and site configuration,

•Character Defining Features of the resource as originally constructed,

•Changes and alterations made over time that have achieved stature as Character Defining Features, even though not a part of the original resource, and

•Changes not consistent with the historic value of the resource.

e.A program for preservation of the resource, including a statement of how the proposed program meets the Secretary of the Interior’s Standards for Treatment of Historic Properties.

(1)It is the intent of the City of Monterey that historic resources in H-1 zones will not be demolished unless extraordinary circumstances exist.

(2)Application for demolition shall be made on forms provided by the Community Development Department and shall contain a provision which requires the Applicant to provide whatever detailed information is required to completely review the application. (Ord. 3653 § 19, 2022)

(3)The Historic Preservation Commission shall hold noticed public hearing and recommend action to the City Council on the application for Historic Permit for demolition, and the City Council shall make the final determination to approve or deny the permit.

(4)An Historic Permit and demolition permit for demolition of an H-1 resource shall not be issued by the City Council unless one of the following two findings can be made:

a.The resource is a hazard to public health or safety, and repairs or stabilization are not feasible. Deterioration resulting from the neglect or failure of the owner to maintain the property need not be considered in making this finding. The City Council may require the applicant to provide one or more structural reports to document that repairs or stabilization are not feasible, or

b.Denial of the application will deprive the property owner of the economically viable use of the property, after application of financial, land use and other incentives available to the property.

c. Appeal.Decisions of the Historic Preservation Commission under this Section may be appealed as provided in Article 27 of this Zoning Ordinance.

d. Expiration of a Historic Permit.An Historic Permit shall lapse two years after its date of approval unless a building permit has been issued and substantial construction costs expended. A one year extension may be granted by the Historic Preservation Commission or, if approved as a minor repair, by the Community Development Director. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

e. Relocation as an Alternative to Demolition.Relocating an historic resource is an acceptable alternative to demolition if findings are made that the move is required to prevent destruction of the resource at its former location, that the new location is compatible with the original character and use of the historic resource, and that the resource retains its historic features and compatibility in orientation, setting, and general environment, and that the receiving lot and the former lot are appropriately rezoned.

1.City Incentives for H-1 Zoned Properties are as follows:

a. Modification of Zoning Requirements by Use Permit.The underlying zoning requirements for setbacks, parking standards, and/or Floor Area Ratio may be modified by Use Permit, following the procedures set forth in this Section, if the modification of standards contributes to preservation of the historic setting or minimizes or eliminates impacts of Alteration on an historic resource.

b. Additional Uses Allowed by Use Permit.The following additional uses may be allowed by Use Permit, issued pursuant to Chapter B of this Section:

(1)R-2 or R-3 uses in the R-1 district,

(2)C-O uses in the R-3 district,

(3)C-1 uses in the C-O district,

(4)Guest Houses on lots less than 8,000 square feet in the R-1 or R-2 districts, and

(5)Establishment of the historic use (defined as the original resource use or the use for which the resource was designed) if that use is not allowed by the underlying zoning district.

(6)Any use that provides public access to an historically preserved or restored interior. Public access is defined as establishment of a museum for public display of an historic interior or a use in which the interior is generally accessible to the public during normal business hours. Use Permit approval may specify areas which are to remain open to the public and minimum hours for public access. Public access shall include the type of public entry customary for the approved use and shall not include a requirement for extraordinary access such as historic tours unless such extraordinary access is a condition of use permit approval.

c. Related Incentives.Historic zoned properties are eligible for the State Historical Building Code, the Mills Act Property Tax Reduction Program, City grant programs designed to protect and preserve historic resources and other City Programs approved by the City.

a.To grant a Use Permit under this Section the procedures set forth in Chapter 38 of this Code shall apply. In addition, the application for Use Permit shall first be presented to the Historic Preservation Commission, who shall recommend findings to the Planning Commission to support the use permit.

b.The Planning Commission shall make the Use Permit findings in Section 38-161 and the additional findings that:

(1)impacts of the use, including traffic and parking, would not be detrimental to the surrounding area

(2)additional uses conform to an adopted Historic Preservation Report and are necessary for the preservation of an historic resource or historic interior.

c.Contracts and/or easements between the property owner and the City that would provide for preservation or restoration of exterior or interior features of an historic resource may be required as condition to the Use Permit.

3. Review of Incentive Programs.The Historic Preservation Commission will monitor the needs of historic properties and may develop additional incentive programs for City Council approval to meet those needs.

I. Duty to Maintain Historic Zoned Resources.The owner, lessee, or other person legally in possession or control of an H-1 Landmark shall maintain the resource in good repair. Good repair is defined as that level of maintenance and repair of the exterior features, designated interior features, and the interior portion of the structure necessary to prevent deterioration of the exterior which furthers the continued availability and Integrity of the resource and prevents deterioration dilapidation, decay or loss of economic use of the property. (Ord. 3424 § 1, 2009)

Sec. 38-76. H-2 City Historic Resource Overlay Zoning.

A. Description.H-2 zoning is intended to identify and protect historic resources in the City that would be recognized as resources with local historic importance and their historic importance would not generally be recognized outside the immediate area of the Monterey Peninsula, and the City is steward of those resources are preserved for its citizens. The City encourages the preservation of these resources with a strong set of incentives; however, the ultimate decision to rezone and ultimately to preserve them is left to the property owner.

B. Applicability and Zoning Map Designator.Historic zoning may be combined with any zoning district. Each H-2 zone shall be shown by adding an “H-2” to the base district designation.

C. Criteria for Adoption.H-2 City Historic Resource zoning may be applied to properties which meet National Register or California Register Criteria as defined. The Criteria are generally described as historic event, person, design or information potential, and are fully defined in National Register Bulletin 15 and in California PRC 5024.1 and CCR Title 14 Chap 11.5, Sec 4850 et seq. (See Definitions).

D. Procedure for adoption of H-2 Landmark Zoning.Establishment of H-2 Landmark zoning shall follow the procedures established by Article 26 with the additional provisions that:

1.In addition to the information required to support a rezoning pursuant to this chapter, eligibility for historic zoning shall be predicated on an Intensive Survey prepared or updated by or under supervision of a Qualified Professional within the last five years.

2.In addition to the regular public hearing process for rezoning, the Historic Preservation Commission shall hold noticed public hearings and make recommendation to the Planning Commission.

3.H-2 City Historic Resource zoning shall not be initiated without property owner consent, except that properties with “H” overlay zoning as of the date of adoption of this ordinance may be rezoned to H-2 without consent of the property owner if they meet the criteria for H-2 zoning.

E. Historic Zoning on a Portion of a Lot.H-2 zoning may be applied to an eligible historic resource on less than the entire lot where the historic resources occupy a small portion of the lot and Historic Zoning and review on the balance of the lot would not be appropriate. Documentation of the boundaries so zoned shall be included. The intent of this provision is that the entire historic resource and an appropriate setting be zoned. This is not intended to permit Historic Zoning of only facades or component parts of a resource.

1. Historic Provisions Supersede Underlying Zoning Provisions.The provisions of this Zoning Ordinance Article 15 shall supersede the provisions of the underlying zone, where conflicts arise.

2. Historic Permit Required for Alteration or Demolition.An Historic Permit shall be required for any Alteration or demolition within H-2 City Historic Resource zone.

(1)Application shall be made on forms provided by the Community Development Department. Additional information may be requested as required. (Ord. 3653 § 19, 2022)

(2)For minor repairs, as defined, the application may be approved by the Community Development Director upon making the findings that that the proposed work is consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties. If this finding cannot be made, the Community Development Director must refer the matter to the Historic Preservation Commission. If this finding cannot be made, the Community Development Director cannot treat the application as a minor repair and must refer the matter to the Historic Preservation Commission for a Historic Preservation Report and a hearing, as set forth below. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

(3)For all other applications for Alteration, a Historic Preservation Report is required. The Historic Preservation Commission shall review said application and Report. A Historic Permit shall be issued only upon a finding that the proposed work is consistent with an adopted Historic Preservation Report and the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

a.Which of the four Secretary of the Interior’s Standards for Treatment of Historic Properties is being proposed for the resource.

b.A written description of historic events connected with the resource.

c.The historic context and interpretive period.

d.An architectural history of the resource which includes:

•Photographs and drawings which identify the original building, structure, object, and site configuration,

•Character Defining Features of the resource as originally constructed,

•Changes and alterations made over time that have achieved stature as Character Defining Features, even though not a part of the original resource, and

•Changes not consistent with the historic value of the resource.

e.A program for preservation of the resource, including a statement of how the proposed program meets the Secretary of the Interior’s Standards for Treatment of Historic Properties.

(1)It is the intent of the City of Monterey that historic resources in H-2 zones will not be demolished unless extraordinary circumstances exist.

(2)Application shall be made on forms provided by the Community Development Department and shall contain a provision which requires the Applicant to provide whatever detailed information is required to completely review the application. (Ord. 3653 § 19, 2022)

(4)An Historic Permit and demolition permit for demolition of an H-2 resource shall not be issued unless one of the following two findings can be made:

b.Denial of the application will deprive the property owner of the economically viable use of the property, after application of financial, land use and other incentives available to the property.

c. Appeal.Decisions of the Historic Preservation Commission under this Section may be appealed as provided in Article 27 of this Zoning Ordinance.

1.City Incentives for H-2 Zoned Properties are set forth as follows:

b. Additional Uses Allowed by Use Permit.The following additional uses may be allowed by Use Permit, issued pursuant to Chapter B of this Section:

(1)R-2 or R-3 uses in the R-1 district,

(2)C-O uses in the R-3 district,

(3)C-1 uses in the C-O district,

(4)Guest Houses on lots less than 8,000 square feet in the R-1 or R-2 districts, and

(5)Establishment of the historic use (defined as the original resource use or the use for which the resource was designed) if that use is not allowed by the underlying zoning district.

b.The Planning Commission shall make the Use Permit findings in Section 38-161 and the additional findings that:

(1)Impacts of the use, including traffic and parking, would not be detrimental to the surrounding area.

(2)Additional uses conform to an adopted Historic Preservation Report and are necessary for the preservation of an historic resource or historic interior.

I. Duty to Maintain Historic Zoned Resources.The owner, lessee, or other person legally in possession or control of an H-2 City Historic Resource shall maintain the resource in good repair. Good repair is defined as that level of maintenance and repair of the exterior features, designated interior features, and the interior portion of the structure necessary to prevent deterioration of the exterior which furthers the continued availability and Integrity of the resource and prevents deterioration, dilapidation, decay or loss of economic use of the property. (Ord. 3424 § 1, 2009)

Sec. 38-77. H-D Historic District Overlay Zoning.

A. Description.H-D zoning is intended to identify and protect geographical areas with a concentration of historic resources, where preservation of the individual historic resources and their historic setting is important to understanding Monterey’s history.

B. Applicability and Zoning Map Designator.H-D Historic zoning may be combined with any zoning district. Each H-D zone shall be shown by adding an “H-D” to the base district designation.

C. Procedure for adoption of H-D zoning.H-D Historic District zoning may be applied to a geographic area which meets National Register criteria in National Register Bulletin 15 or California Register criteria for districts. Establishment of an H-D Historic District shall follow the procedures in Article 26 for Zoning Map amendment, with the following additional provisions:

1.Prior to Initiation of the Zoning Map amendment, a preliminary report shall be prepared by the Community Development Department identifying tentative boundaries, historic context, Contributing Resources, potential planning regulations, and design review guidelines and a preliminary determination of whether the district would be based on H-1 Landmark or H-2 City Historic Resource criteria and standards. (Ord. 3653 § 19, 2022)

2.The preliminary report shall be sent to Affected Property Owners and Residents defined as Owners of real property or residents within the boundaries of a proposed Historic District, and the Historic Preservation Commission shall hold one or more public participation workshops to discuss preparation of an Intensive Survey and formation of an historic district. A notice of public workshops shall be given in accord with Section 38-159 of this ordinance.

3.The City shall then conduct an Intensive Survey of the proposed Historic District by or under supervision of a Qualified Professional, including preparation of DPR 523 series survey forms.

4.The City shall prepare a District Preservation Plan, including the following:

a.Determination whether the whether the district is based on H-1 Landmark or H-2 City Historic Resource criteria and standards.

b.Statement of goals and objectives.

c.Statement of historic context and period of significance.

d.Description and map of the H-D boundaries.

e.Identification of potentially contributing and non-contributing resources and the setting and character of contributing resources based on analysis contained in the intensive survey.

f. Precise standards for new construction and alterations within the H-D boundaries.The property development standards of the underlying zone may be modified by the District Preservation Plan to be more or less restrictive than the underlying zone, including design, mass, bulk, height, walls, lighting, driveway locations, parking standards, landscaping, sign, public improvements on the property, and eligibility for incentives in Section 38-75, if appropriate. Any provisions more or less restrictive than the underlying zoning requirements shall be supported by findings that the requirements are necessary to implement the identified goals and objectives of the district and preservation of the historic setting within the district.

5.District Preservation Plan and H-D zoning shall be adopted by ordinance following the procedure for Zoning Map Amendment, including required notices. A district that is based on H-2 criteria and standards shall not be established if 51% of the owners file an objection in writing prior to the City Council second reading of the adopting ordinance. Notices for districts based on H-2 criteria and standards shall inform property owners that the district will not be formed if 51% of owners object in writing to adoption of the district. Percentage ownership shall be based on number of Assessor’s Parcels within the proposed district. H-D zoning may be amended following the same procedure used for adoption.

D. Rescission of Historic Zoning.It is not the general intention of the City to remove historic designation from a property; however, the City Council may rezone a property to remove Historic Zoning following the process for adoption if the historic resource no longer meets the Criteria for designation. (Ord. 3424 § 1, 2009; Ord. 3276, 2000)

Sec. 38-78. Specific Purposes.

The specific purpose of the SC Planned Commercial Overlay District is to provide for the development of new planned shopping centers on sites of adequate size for the intended uses, and which are designed as a single architectural unit.

Sec. 38-79. Applicability and Zoning Map Designator.

The SC Planned Commercial Overlay District may be combined with any C (Commercial) zoning district. It may be initiated by the Planning Commission or the City Council under the procedures established in Article 26, Amendments. Each SC Planned Commercial Overlay District shall be shown on the Zoning Map by adding a “-SC” to the base zoning designator.

Sec. 38-80. Land Use Regulations.

No use other than an existing use shall be permitted in an SC Planned Commercial Overlay District, except in accord with a valid SC plan. Any permitted or conditional use authorized by this chapter may be included in an approved SC plan consistent with the General Plan Land Use Designation(s) for land within the SC district. Accessory dwelling units and junior accessory dwelling units in accord with Section 38-112.6 may also be allowed in an SC zone where single-family or multifamily dwellings are permitted. When the SC plan includes use or design features which require a use permit or variance in accord with other sections of this chapter, approval of the SC plan shall include approval of the required use permit or variance, and no further action shall be required. (Ord. 3641 § 18, 2021)

Sec. 38-81. Development Regulations.

A. Base District Regulations.Base district regulations may be prescribed, when appropriate. Other development regulations shall be as prescribed by the SC plan.

B. Performance Standards.Performance standards prescribed by Section 38-111, shall apply.

C. Parking Standards.Parking standards shall be as prescribed in the SC plan.

Sec. 38-82. Initiation.

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

Sec. 38-83. Required Plans and Materials.

In addition to the plans and materials required to accompany an application for a Zoning Map amendment by Article 26, an application for rezoning to the SC Planned Commercial Overlay District shall include an SC plan, including, but not limited to, the following items:

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

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

C.A conceptual site plan showing the proposed pattern of land use with acreage and intensity computations.

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

E.The proposed street and parking pattern.

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

Sec. 38-84. Adoption Procedures.

A.The Planning Commission shall consider an application for rezoning for an SC Planned Commercial Overlay District under the procedures established in Article 26. The Planning Commission shall consider the proposed SC plan accompanying the application at the same time. A recommendation of the Planning Commission to rezone land to an SC Planned Commercial Overlay District shall be accompanied by a resolution approving an SC plan.

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

C.Following a hearing, the City Council may approve or conditionally approve an SC plan and adopt an SC Planned Commercial Overlay District for the area described in the application.

D.The City Council shall adopt each SC Planned Commercial Overlay District by ordinance, pursuant to Article 26. The adopting ordinance shall include a reference to the approved SC plan for the district.

Sec. 38-85. Status of SC Plan.

Unless otherwise stipulated, an SC plan shall be effective on the same date as the ordinance creating the SC Planned Commercial Overlay District for which it was approved, and shall expire two years after the effective date, unless a building permit has been issued.

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

Sec. 38-86. Specific Purposes.

The Religious Assembly in the Garden Road I-R-130 Zoning District Overlay District is intended to provide an opportunity for considering religious assembly uses on large single tenant sites in the I-R Zoning District.

Sec. 38-87. Applicability and Zoning Designator.

The Garden Road I-R-130 Zoning District Religious Assembly Overlay District may only be combined with the Garden Road I-R-130 Zoning District. The Religious Assembly Overlay District shall be shown on the Zoning Map by adding “RA” Religious Assembly to the base district designator.

Sec. 38-88. Land Use Regulations.

In the Religious Assembly Overlay District, a Religious Assembly use may be allowed with a Use Permit.

Sec. 38-89. Development Regulations.

All Religious Assembly uses in the Religious Assembly in the I-R Zone Overlay District shall comply with the Development Regulations of the I-R Zone Overlay District. All Religious Assembly uses shall provide off-street parking and loading spaces, as required in Article 18 -- Off-street Parking and Loading Regulations.

Sec. 38-90. Review of Plans.

Applications for new construction including remodeling or alterations to accommodate proposed religious assembly uses and/or accessory uses shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee. (Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009)

Sec. 38-99.1. Purpose.

It is the purpose of the Emergency Shelter Overlay District to facilitate and encourage the provision of emergency shelter for homeless persons and households by allowing permanent year-round emergency shelters without a conditional use permit or other discretionary action in the districts where the overlay is applied, subject only to the same development standards that apply to the other permitted uses in this district, except for the requirements set forth in Section 38-99.2 that are unique to emergency homeless shelters as authorized by Government Code Section 65583(a)(4). (Ord. 3571 § 4, 2017)

Sec. 38-99.2. Number of Emergency Shelters.

The number and capacity of emergency shelters allowed in the Emergency Shelter Overlay District is limited to that required to meet the shelter needs of the number of estimated homeless persons in the City identified in the City’s housing element. (Ord. 3571 § 4, 2017)

Sec. 38-99.3. Operational and Management Requirements.

A.The maximum number of beds or persons to be served nightly by an emergency shelter shall be 35.

B.Off-street parking shall be based upon demonstrated need; provided, that parking for an emergency shelter shall not be more than that required for other uses permitted in the underlying district.

C.Projects shall design to and maintain the following maximum light levels and spacing:

1. Buildings.Spacing to meet average maintained illumination levels of a minimum 0.5 footcandles and maximum 1.0 footcandles.

2. Primary Building Entry.Not to exceed average maintained illumination levels of a maximum 5.0 footcandles.

3. Parking Lots.Spacing to meet average maintained illumination levels of a maximum of 0.5 footcandles and a 15:1 maximum to minimum uniformity ratio.

4. Service Areas.Ten footcandles maximum.

D.The size of indoor waiting areas shall be sufficient to accommodate the expected number of clients. Any spillover onto public right-of-way shall allow at least four feet of unobstructed sidewalk.

E.On-site management shall be provided at all times the facility is in operation.

F.Security shall be provided during the hours that the emergency shelter is in operation.

G.The maximum length of stay by a homeless person in an emergency shelter shall be six months.

H.An emergency shelter shall not be located within 300 feet of another emergency shelter.

I.No individual or household shall be denied emergency shelter because of an inability to pay. (Ord. 3571 § 4, 2017)

Sec. 38-99.4. Specific Purposes.

Multifamily Residential Overlay Districts are intended to facilitate the provision of multifamily residential housing development. (Ord. 3688 § 4, 2024; Ord. 3594 § 3, 2019)

Sec. 38-99.5. Applicability and Zoning Designator.

Multifamily Residential Overlay Districts shall be shown on the zoning map by adding MF to the base district designator. It may be combined in any Commercial (C), Industrial (I-R), or Residential Medium Density Multifamily (R-3) District to the properties shown in Appendix A to the ordinance codified in this Article.

1.Multifamily and mixed-use developments are allowed in three Multifamily Residential Overlay Districts as follows:

a.MF1: South side of Garden Road area, shown on Appendix A, except that the Multifamily Overlay District shall not be combined with any Visitor Accommodation Facility (VAF) zoning district;

b.MF2: Pacific Street/Munras Avenue/Cass Street area, shown on Appendix A. The MF2 overlay does not apply to any properties in this area with Residential Single-Family (R-1), Open Space (O), or Visitor Accommodation Facility (VAF) zoning designations; and

c.MF3: Aguajito Road area, shown on Appendix A. (Ord. 3688 § 5, 2024; Ord. 3594 § 3, 2019)

Sec. 38-99.6. Land Use Regulations and Development Standards.

Multifamily residential housing development and mixed-use development, new construction, and conversion, shall be permitted consistent with this section. Accessory dwelling units and junior accessory dwelling units may also be allowed in Multifamily Residential Overlay Districts pursuant to Section 38-112.6.

A. Land Use Regulations and Development Standards Applying to All MF Districts.Except as otherwise provided in this section, the following land use regulations and development standards shall apply to all multifamily residential and mixed-use developments in all Multifamily Residential Overlay Districts:

1. Density.The maximum permitted residential density for the Multifamily Residential Overlay Districts shall be 60 dwelling units per acre. This subsection (A)(1) shall control when there is a conflict with the allowable density permitted by Section 38-112.5.

2. Protected Trees.Protected trees existing on the project site at the time of application shall be preserved unless a tree removal permit is issued as set forth in Chapter 37 of this code. Replacement tree(s) shall be provided on site at a 2:1 ratio. Such replacement tree(s) shall be provided in addition to all other landscaping required by this Chapter and shall be installed prior to final occupancy of the proposed development. The replacement tree(s) shall be a minimum 24-inch box container size at the time of planting. The replacement tree(s) shall consist of any combination of the tree 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.

3. Bicycle Parking.One secure bicycle parking space or locker is required per dwelling unit. Secure means that the bicycle parking space has a built-in locking or security mechanism that only the intended user can open.

4. Automobile Parking.The minimum parking requirement is 0.5 parking spaces per dwelling unit. Tandem parking is allowed. Parking may be shared with an off-site parking facility; provided, that the off-site facility can continue to accommodate the minimum required parking of all combined uses on and off-site and is located within one-half mile of the off-site building entrance that it is intended to serve. If the property owner proposes to satisfy part or all of the minimum parking requirement with shared parking, they shall enter into a shared parking agreement with the City of Monterey, on forms approved by the City Attorney’s Office, for the life of the project.

5. Public Improvements.Public improvements including, but not limited to, street improvements, storm water infrastructure, and sidewalk installation shall be required to be constructed in accordance with the City’s standard details along all project frontages.

6. Environmental.All developments shall comply with any applicable mitigation measure as adopted in the Monterey 2031 General Plan Update, Final EIR SCH No. 2023080034. A completed Mitigation Monitoring and Reporting table demonstrating the project’s compliance and applicability with each mitigation measure shall be submitted with any application for development.

B. MF1 Land Use Regulations and Development Standards.Except as otherwise provided in this section, the following land use regulations and development standards shall apply to all multifamily residential developments in the South Side of Garden Road Multifamily Residential Overlay District (MF1):

1.Mixed use: Mixed use shall be prohibited on any single parcel and within a single building.

2.Maximum building height: 45 feet.

3.Minimum yard setbacks:

a.Front: 20 feet.

b.Interior side: 20 feet.

c.Corner side or reverse corner side: 20 feet.

d.Rear: 20 feet.

e.Highway 68 right-of-way:

(i) New Development.Landscape buffers shall be provided at least 100 feet in width from the ultimate planned right-of-way of Highway 68.

(ii) Converted Structures.Structures converted to residential uses shall be allowed to maintain the existing setback from the Highway 68 right-of-way.

(iii) Previously Disturbed Land.For the purposes of this subsection, “previously disturbed land” shall mean any portion of a property currently occupied by a legally permitted building at the time a development application is submitted. The redevelopment of previously disturbed land shall be allowed to maintain the setback established by the previous building, within the footprint of the previous building, when the following conditions are met:

A.Additional tree plantings are provided within the Highway 68 setback area at a minimum ratio of one tree per 200 square feet with appropriate species as determined by the City’s Urban Forester, or designee.

B.There shall be no new encroachment into the setback area such as but not limited to storm water detention, retaining structures or parking.

C.This provision shall not apply to previously developed parking areas. Existing parking areas shall be removed as part of the site conversion.

4.Lot coverage maximum: 50 percent.

5.Floor area maximum: none.

a. Private Open Space.Developments shall provide private open space in the form of private balconies, decks, or patios.

(i)Private open space shall be provided at a ratio of 50 square feet of open space for every one dwelling unit. The total required amount of private open space can be flexibly distributed amongst the units; however, a minimum of 24 square feet of private open space shall be provided for every unit.

b. Shared Open Space.Developments shall provide shared open space in the form of patios, terraces, courtyards, plazas, rooftop decks, lawns and gardens with pathways, children’s play areas, picnic and barbeque areas, swimming pools and hot tubs, or outdoor sports equipment and facilities. Outdoor shared open space may be located within required yard setback areas. Outdoor open space shall only be constructed with a permeable surface to allow groundwater to recharge. It is not the intent to prohibit a use where its impermeability is inherent. Shared open space shall be accessible to all residents, shall include seating and pedestrian-level lighting, shall be designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet, and shall not include driveways or parking areas.

(i)Developments shall have a minimum total shared open space requirement of 200 square feet per dwelling unit.

7. Materials.The following exterior cladding materials are prohibited:

a.Metal or vinyl plank siding.

b.Faux rock or stone panels. Manufactured masonry/cementitious products shall be allowed when installed as individual components (e.g., manufactured stone block, bricks, etc.).

c.Unfinished or corrugated metal products.

d.Exposed or unfinished concrete masonry unit block.

e.Rough textured stucco.

a.A minimum of 50 percent of the front, side, and rear setback area shall be landscaped. Existing protected trees as set forth in Chapter 37 of this code shall be counted toward this requirement when such trees are not removed for the development.

b.Plantings shall be of species listed on the City of Monterey Urban Forestry’s online list of trees suitable for Monterey and shall be a minimum 15-gallon size.

a.Surface parking lots shall be screened from view of the street with landscaping or a wall with a minimum three-foot height to screen the parking lot when not already screened by a primary building. When located in a street-facing setback, screening may not exceed a height of three feet.

b.Mechanical equipment shall be screened as follows:

(i)Ground-mounted mechanical equipment, including water storage systems, shall be screened from any public right-of-way or adjacent property using one of the following methods:

A.Landscaping or vegetative screening.

B.Walls and fences in accordance with all other provisions in this Chapter.

C.Equipment enclosures in accordance with all other provisions of this Chapter when utilizing the same materials and architectural style of the primary building.

(ii)Roof-mounted equipment, including water storage systems, shall be screened from any public right-of-way or adjacent property using one of the following methods:

A.Building parapets not exceeding four feet in height.

B.Landscaping or vegetative screening.

C.Equipment enclosures or penthouses in accordance with all other provisions of this Chapter when utilizing the same materials and architectural style of the primary building.

c.Waste enclosures shall comply with the standards established by City of Monterey Resolution No. 05-001, as may be amended or superseded, and shall be screened from any public right-of-way or adjacent property using one of the following methods:

(i)Landscaping or vegetative screening.

(ii)Walls and fences in accordance with all other provisions in this Chapter.

(iii)Equipment enclosures in accordance with all other provisions of this Chapter that utilize the same materials and architectural style of the primary building.

10. Lighting.All light sources shall be directed downward and focused on the subject so that no light spillage results. Prevent glare by using shielded and focused light sources; conceal all light sources from adjoining properties; use energy efficient light sources; use light sources that provide a quality of light similar to daylight; avoid “uplighting” of entire building faces, or outlining the frame of a building; and shield light sources with simple shade devices that are consistent with the building design. Prior to the issuance of any construction permits, an exterior lighting plan shall be reviewed and approved by the Monterey Peninsula Regional Airport Manager. All exterior lighting shall be unobtrusive, downlit, harmonious with the local area, and constructed or located so that only the intended area is illuminated and off-site glare is fully controlled. The project shall comply with applicable Federal Aviation Administration height and obstruction standards.

11. Noise.All parcels in the development shall have a recorded deed restriction, notifying owners, and requiring owners to notify occupants, that the property is near an airport, which generates noise. The project shall conform to current noise insulation standards pursuant to the California Code of Regulations, Title 25, Chapter 1, Subchapter 1, as may be amended or superseded.

12. Avigation and Hazard Easement.Prior to final of each construction permit associated with the project, the developer/owner shall grant an avigation and hazard easement to the appropriate airport authority. The easement shall be recorded at the Monterey County Recorder’s Office. The easement may include: right of flight at any altitude above the acquired easement surfaces; right to cause noise, vibrations, fumes, dust and fuel particle emissions; right to prevent construction or growth of all structures, objects or natural growth above the acquired easement surfaces; right of entry to remove, mark or light any structures or growth above the acquired easement surfaces, or right to require the owner to remove, mark or light; right to prohibit creation of electrical interference, unusual light sources and other hazards to aircraft flight; and any other limitation the appropriate airport authority may recommend to protect the public’s health, safety and welfare.

C. MF2 Land Use Regulations and Development Standards.Except as otherwise provided in this section, the following land use regulations and development standards shall apply to all multifamily residential and mixed-use developments in the Pacific/Munras/Cass Multifamily Residential Overlay District (MF2):

1.Mixed use: Mixed-use developments are allowed when a minimum of 50 percent of floor area is dedicated to residential uses.

2.Maximum building height: 45 feet.

3.Minimum yard setbacks:

a.Front: 10 feet.

b.Interior side: five feet.

c.Corner side or reverse corner side: seven feet.

d.Rear: 10 feet.

4.Lot coverage maximum: none.

5.Floor area maximum: none.

6.Floor area minimum: 50 percent of total habitable floor area shall be residential.

7.Open space requirements: none.

8. Materials.The following exterior cladding materials shall be prohibited:

a.Metal or vinyl plank siding.

b.Faux rock or stone panels. Manufactured masonry/cementitious products shall be allowed when installed as individual components (e.g., manufactured stone block, bricks, etc.).

c.Unfinished or corrugated metal products.

d.Exposed or unfinished CMU block.

e.Rough textured stucco.

a.A minimum of 50 percent of the front setback area shall be landscaped. Existing protected trees as set forth in Chapter 37 of this code shall be counted toward this requirement when being retained.

b.Plantings shall be of species listed on the City of Monterey Urban Forestry’s online list of trees suitable for Monterey and shall be a minimum 15-gallon size.

b.Mechanical equipment shall be screened as follows:

(i)Ground-mounted mechanical equipment, including water storage systems, shall be screened from any public right-of-way or adjacent property using one of the following methods:

A.Landscaping or vegetative screening.

B.Walls and fences in accordance with all other provisions in this Chapter.

C.Equipment enclosures in accordance with all other provisions of this Chapter when utilizing the same materials and architectural style of the primary building.

(ii)Roof-mounted equipment, including water storage systems, shall be screened from any public right-of-way or adjacent property using one of the following methods:

A.Building parapets not exceeding four feet in height.

B.Landscaping or vegetative screening.

C.Equipment enclosures or penthouses in accordance with all other provisions of this Chapter when utilizing the same materials and architectural style of the primary building.

(i)Landscaping or vegetative screening.

(ii)Walls and fences in accordance with all other provisions in this Chapter.

(iii)Equipment enclosures in accordance with all other provisions of this Chapter that utilize the same materials and architectural style of the primary building.

11. Lighting.All light sources shall be directed downward and focused on the subject so that no light spillage results. Prevent glare by using shielded and focused light sources; conceal all light sources from adjoining properties; use energy efficient light sources; use light sources that provide a quality of light similar to daylight; avoid “uplighting” of entire building faces, or outlining the frame of a building; and shield light sources with simple shade devices that are consistent with the building design.

D. MF3 Land Use Regulations and Development Standards.Except as otherwise provided in this section, the following land use regulations and development standards shall apply to all multifamily residential developments in the Aguajito Road Multifamily Residential Overlay District (MF3):

1.Mixed use: Mixed use shall be prohibited on any single parcel and within a single building.

2.Maximum building height: 45 feet.

3.Minimum yard setbacks:

a.Front: 30 feet.

b.Side: 30 feet.

c.Rear: 30 feet.

d.Highway 1 right-of-way:

(i) New Development.Landscape buffers shall be provided at least 100 feet in width from the ultimate planned right-of-way of Highway 1.

(ii) Converted Structures.Structures converted to residential uses shall be allowed to maintain the existing setback from the Highway 68 right-of-way.

B.There shall be no new encroachment into the setback area such as but not limited to storm water detention, retaining structures, or parking.

C.This provision shall not apply to previously developed parking areas. Existing parking areas shall be removed as part of the site conversion.

e.Southern property line (adjacent to Navy property): 50 feet.

4.Lot coverage maximum: 50 percent.

5.Floor area maximum: none.

6.Open space requirements:

a. Private Open Space.Developments shall provide private open space in the form of private balconies, decks, or patios.

(i)Developments shall have a minimum total shared open space requirement of 200 square feet per dwelling unit.

7. Materials.The following exterior cladding materials shall be prohibited:

a.Metal or vinyl plank siding.

b.Faux rock or stone panels. Manufactured masonry/cementitious products shall be allowed when installed as individual components (e.g., manufactured stone block, bricks, etc.).

c.Unfinished or corrugated metal products.

d.Exposed or unfinished concrete masonry unit block.

e.Rough textured stucco.

b.Plantings shall be of species listed on the City of Monterey Urban Forestry’s online list of trees suitable for Monterey and shall be a minimum 15-gallon size.

c.No landscaping exceeding eight inches in height shall be planted within 15 feet of the southern most property line (adjacent to Navy property).

b.Mechanical equipment shall be screened as follows:

(i)Ground-mounted mechanical equipment, including water storage systems, shall be screened from any public right-of-way or adjacent property using one of the following methods:

A.Landscaping or vegetative screening.

B.Walls and fences in accordance with all other provisions in this Chapter.

C.Equipment enclosures in accordance with all other provisions of this Chapter when utilizing the same materials and architectural style of the primary building.

ii.Roof-mounted equipment, including water storage systems, shall be screened from any public right-of-way or adjacent property using one of the following methods:

(A)Building parapets not exceeding four feet in height.

(B)Landscaping or vegetative screening.

(C)Equipment enclosures or penthouses in accordance with all other provisions of this Chapter when utilizing the same materials and architectural style of the primary building.

(i)Landscaping or vegetative screening.

(ii)Walls and fences in accordance with all other provisions in this Chapter.

(iii)Equipment enclosures in accordance with all other provisions of this Chapter that utilize the same materials and architectural style of the primary building.

11.Any development application for a property within the MF3 Multifamily Overlay shall be submitted with proof of notification and coordination with the appropriate Planning staff for the United States Navy. (Ord. 3688 § 6, 2024; Ord. 3641 § 19, 2021)

Sec. 38-99.7. Review Procedures.

A. Administrative Approval.Developments meeting the following criteria shall qualify for the administrative approval process as provided in Section 38-189(B):

1.At least 20 percent of all residential units with the proposed development project are provided at affordability levels for low- and very low-income households in accordance with Government Code Sections 65583.2(h) and (i).

2.The proposed development project is found to be in compliance with the explicit standards for development applicable to the subject site.

B.Applications that do not meet the requirements of subsection (A) of this section for administrative approval shall follow the review procedure as prescribed elsewhere in the City Code as applicable. (Ord. 3688 § 7, 2024; Ord. 3608 §§ 4, 5, 6, 7, 2019; Ord. 3594 § 3, 2019)

Sec. 38-99.8. Cannabis Business Overlay District.

A. Specific Purposes.The Cannabis Business Overlay District is intended to facilitate the regulation, location, and development of cannabis businesses in the City.

B. Applicability and Zoning Map Designator.The Cannabis Business Overlay District shall be shown on the Zoning Map by adding a CB to the base district designator. It may be combined in any Commercial (C) district to the properties shown in Appendix A to the ordinance codified in this Article.

1.There are four storefront retail cannabis businesses allowed, one in each overlay zone as follows:

a.CB1: Lighthouse and Foam Street area, shown on Appendix A, except that no cannabis business shall have a retail frontage on any cross street with Lighthouse Avenue or Foam Street;

b.CB2: the Downtown District, shown on Appendix A, except that no cannabis business shall have a retail frontage on Alvarado Street;

c.CB3: Wave Street area, shown on Appendix A, except that no cannabis business shall have a retail frontage on any cross street with Wave Street or allow public access from the Recreation Trail; and

d.CB4: on North Fremont Street, between Airport Road and Palo Verde Avenue, as shown on Appendix A.

2.One nonstorefront cannabis business is permitted in any one of the four cannabis business overlay zones.

3.The cannabis business overlay zone designation applies to new lots created by a lot split or other division of a lot with the cannabis business overlay zone designation.

4.Cannabis testing laboratories are not restricted to Cannabis Business Overlay Districts and may locate in any IR zone.

C. Zoning Clearance Consistency Review.A cannabis business must meet land use and building standards pursuant to Chapters 9, 26, 31, and 38, including:

1.Conform with the City’s general plan, any applicable specific plan, master plan, and design requirements.

2.Comply with all applicable zoning and related development standards.

3.Be constructed in a manner that minimizes odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties.

4.No cannabis business may be located within a 600-foot radius measured from property line to property line of a school, day care center, or youth center that is in existence at the time of submission of a completed initial application for a commercial cannabis permit. This prohibition shall not apply to any subsequent renewal of a commercial cannabis permit at the same location.

6.Exterior lighting shall not result in glare on adjoining properties to ensure that all areas of the premises are visible and shall provide increased lighting at all entrances to the premises. The lighting shall be turned on from dusk to dawn.

7.Ground cover shall be no higher than two feet; lower tree canopies of mature trees shall be above six feet; and tree canopies shall not interfere with or block lighting. (Ord. 3674 § 15, 2023)

Sec. 38-99.9. Specific Purposes.

The Regional Housing Needs Assessment Overlay District is intended to facilitate the provision of multifamily residential uses while promoting infill development on nonvacant commercial sites previously identified on housing inventories in the City’s Fourth and Fifth Housing Elements. (Ord. 3688 § 8, 2024)

Sec. 38-99.10. Applicability and Zoning Designator.

The Regional Housing Needs Assessment Overlay District shall be shown on the zoning map by adding RHNAOV to the base district designator. It may be combined with any base zoning district to the properties shown in Appendix A to Section 38-99.5. (Ord. 3688 § 8, 2024)