The purpose of this Chapter is to provide a zoning district to accommodate high density residential uses in those areas of the County of Monterey where adequate services and facilities exist or may be developed to support such development. It is intended within this Chapter to require adequate on-site facilities and amenities to assure proper, usable and livable development while allowing sufficient design flexibility to provide such development.

The regulations of this Chapter shall apply in all "HDR" Districts and are subject to Chapter 21.62 (Height and Setback Exceptions) of this Title.

A.

The first single family dwelling per lot;

B.

Single family dwellings, not exceeding a density of five (5) dwelling units/acre, gross;

C.

Duplexes, not exceeding five (5) dwelling units/acre, gross;

D.

Multiple dwellings not exceeding five (5) dwelling units/acre gross;

E.

The keeping of pets, but not more than two (2) dogs per dwelling unit;

F.

Temporary residence, pursuant to Section 21.64.070, used as living quarters during the construction of the first dwelling on a lot;

G.

Small family day care home;

H.

Small residential care facility;

I.

Non-habitable accessory structures and accessory uses to any permitted use;

J.

Water system facilities including wells and storage tanks serving four (4) or fewer service connections, pursuant to Chapter 15.04, Monterey County Code, and replacement of water tanks and wells where no increase in service connections is created. The screening of any tanks and associated structures shall be approved by the Director of Planning;

K.

Cultivation, cutting and removal of Christmas trees;

L.

Home occupations, pursuant to Section 21.64.090;

M.

Other uses of a similar character, density and intensity to those listed in this section.

N.

Accessory dwelling unit meeting the development standards of Section 21.64.030;

O.

Homeless shelter, pursuant to Section 21.64.330;

P.

Employee housing providing accommodations for up to six (6) employees;

Q.

Supportive housing contained within the housing types of this section;

R.

Transitional housing or transitional housing development contained within the housing types of this section.

S.

Homestays, pursuant to Section 21.64.290;

T.

Limited vacation rentals, pursuant to Section 21.64.290.

(Ord. No. 5177, § 23, 5-24-2011; Ord. No. 5135, § 94, 7-7-2009; Ord. No. 5422, §§ 6, 7, 8-27-2024)

A.

Single family dwellings, between five (5) to ten (10) dwelling units/acre, gross, except for the first single family dwelling on a lot;

B.

Duplexes, between five (5) to eight (8) dwelling units/acre, gross;

C.

Multiple dwellings and dwelling groups, between five (5) to eight (8) dwelling units/acre, gross;

D.

Repealed;

E.

Tract sales or rental offices;

F.

Reduction in setback requirements of ten (10) percent or less of the required setbacks;

G.

Small water system facilities including wells and storage tanks of five (5) to fourteen (14) service connections;

H.

Other uses of a similar character, density and intensity to those listed in this section.

I.

Multiple dwellings and dwelling groups for affordable housing projects in Development Incentive Zones, pursuant to Subsection 21.10.070.D;

J.

Additions to existing approved wireless communications facilities, pursuant to Section 21.64.310;

K.

Supportive housing contained within the housing types of this section;

L.

Transitional housing or transitional housing development contained within the housing types of this section.

(Ord. No. 5177, § 24, 5-24-2011; Ord. 3938, 1997; Ord. 3784, 1994)

A.

Any residential use, except the first single family dwelling on a vacant lot, exceeding ten (10) dwelling units/acre gross;

B.

Mobilehome parks, pursuant to Section 21.64.210;

C.

Rest homes, sanitariums, convalescent homes;

D.

Public and quasi-public uses including churches, cemeteries, parks, playgrounds, schools, public safety facilities, public utility facilities, but not including uses of a non- residential nature such as jails, rehabilitation centers, detention facilities, or corporation yards;

E.

Parking lots used in conjunction with an adjoining commercial use (ZA);

F.

Legal nonconforming use of a portion of a structure extended throughout the structure (ZA);

G.

Legal nonconforming use changed to a use of a similar or more restricted nature;

H.

Bed and breakfast facility, pursuant to Section 21.64.100;

I.

Commercial and noncommercial wind energy systems;

J.

Time share uses, pursuant to Section 21.64.110;

K.

Ridgeline development;

L.

Water system facilities including wells and storage tanks serving fifteen (15) or more service connections (ZA);

M.

Removal of minerals or natural materials for commercial purposes;

N.

Assemblages of people, such as carnivals, festivals, races and circuses, not exceeding ten (10) days, and not involving construction of permanent facilities (ZA);

O.

Accessory structures and accessory uses prior to establishment of main use or structure (ZA);

P.

Large family day care home;

Q.

The exploration for and the removal of oil and gas (ZA);

R.

Development in the Carmel Valley Floodplain, pursuant to Section 21.64.130 (ZA);

S.

Other uses of a similar character, density and intensity as those listed in this section;

T.

Cottage industries, pursuant to Section 21.64.095 (ZA);

U.

Rooming and boarding houses (ZA);

V.

Wireless communications facilities, pursuant to Section 21.64.310;

W.

Large residential care facility (ZA);

X.

Single room occupancy facility, pursuant to Section 21.64.033 (ZA);

Y.

Supportive housing contained within the housing types of this section;

Z.

Transitional housing or transitional housing development contained within the housing types of this section.

AA.

Commercial vacation rentals, pursuant to Section 21.64.290 (ZA).

(Ord. No. 5177, § 25, 5-24-2011; Ord. 3938, 1997; Ord. 3784, 1994)

(Ord. No. 5422, § 8, 8-27-2024)

A.

Minimum Building Site. The minimum building site which may be created shall be five thousand (5,000) square feet unless otherwise approved as part of clustered residential subdivision.

B.

Development Density, Maximum.

The maximum development density allowed shall not exceed the units/acre shown for the specific "HDR" District as illustrated on the zoning map (e.g. "HDR/10" means an "HDR" District with a maximum gross density of ten (10) units per acre).

C.

Structure Height and Setback Regulations

The following structure height and setback regulations apply unless superseded by a structure height limit noted on the zoning map (e.g. "HDR/10(24)" would limit structure height to twenty-four (24) feet), setback requirements when combined with a "B" District or setbacks shown on a recorded final or parcel map, or setback lines on a Sectional District Map.

In an approved planned unit development where the dwelling unit and accessory structures are to be located on a lot in the development, no setbacks from the lot lines are required except as necessary to meet Building Code and Fire Code requirements, unless otherwise noted on the recorded final map, parcel map or Sectional District Map.

1.

Main Structures.

a.

Minimum Setbacks.

Front: twenty (20) feet;

Side: five feet;

Rear: ten (10) feet;

b.

Height. Maximum height: thirty-five (35) feet.

2.

Accessory Structure (Habitable).

a.

Minimum Setbacks.

Front: fifty (50) feet;

Side: six feet;

Rear: six feet.

b.

Height. Maximum height: fifteen (15) feet.

3.

Accessory Structures (Non-habitable).

a.

Minimum Setbacks.

Front: fifty (50) feet, or behind the main structure, whichever is less;

Side: six feet on front one-half of property; one foot on rear one-half of property;

Rear: one foot.

D.

Minimum Distance Between Structures.

Main Structures: ten (10) feet;

Accessory/Main Structure: six feet;

Accessory/Accessory: six feet.

E.

Building Site Coverage, Maximum: sixty (60) percent.

F.

Parking Regulations. Parking for all development shall be established pursuant to Chapter 21.58.

G.

Landscaping Requirements. For developments of more than two residential units on a lot, a minimum of ten (10) percent of the developed lot area shall be landscaped prior to occupancy, pursuant to a landscaping plan approved by the Director of Planning.

H.

Lighting Requirements.

1.

For any new development that includes exterior lighting, all exterior lighting shall be consistent with the Design Guidelines for Exterior Lighting adopted by the Board of Supervisors pursuant to Section 21.63.020, unless exempt under Section 21.63.020.D.

2.

Review by the Director of Planning of all exterior lighting associated with any construction permit for consistency with the Design Guidelines for Exterior Lighting and approval by the Director of Planning are required prior to issuance of the construction permit.

3.

Applications for construction permits which are subject to these lighting regulations must include the following information:

a.

Plans indicating the location of each light fixture; and

b.

Manufacturer's catalog specification sheet for each type of fixture.

c.

The Director of Planning may waive these submittal requirements or request additional information, as deemed necessary on a project by project basis.

I.

Sign Regulations. Signing for all development shall be established pursuant to Chapter 21.60.

(Ord. 3784, 1994)

(Ord. No. 5135, § 95, 7-7-2009; Ord. No. 5262, § 3, 1-26-2016)

A.

Developments in excess of five dwelling units on a lot shall provide a trash enclosure area for the residents of the development. The location of and the design of the trash enclosure area shall be approved by the Director of Environmental Health, the Director of Planning. A plan showing the trash enclosure area shall contain the following:

1.

A site plan of the overall development;

2.

The location of the trash enclosure area;

3.

Elevations of the design of the trash enclosure area;

4.

Adequate fencing to ensure safety of the residents and the public.

B.

Developments in excess of five dwelling units on a lot shall provide a recreational area for the residents of the development. The location of and the design of the recreational area shall be approved by the Director of Planning. A plan showing the recreational area shall contain the following:

1.

A site plan of the overall development;

2.

The location of the recreational area;

3.

A list and location of all recreational area facilities to be provided;

4.

The recreational area shall consist of at least three percent of the lot.

C.

Manufactured dwelling units meeting the standards of Section 21.64.040 are permitted subject to the requirements of any conventional dwelling unit in this Chapter.

D.

Multiple dwellings and dwelling groups for affordable housing projects shall be an allowed use in this District provided all of the following standards and requirements are met:

1.

That the project site is located in a Development Incentive Zone as established in the Monterey County Housing Element.

2.

That the project be a one hundred (100) percent affordable housing project;

3.

That the proportion of very low and low income units in the project be in accord with the housing needs analysis of the Monterey County Housing Element;

4.

That the continuing availability of the units be assured by deed restrictions, agreements or other such instruments as may be approved by the Director of Planning and the County Counsel;

5.

That the project does not include any form of subdivision;

6.

That the project's gross density does not exceed the gross density as shown on the Sectional District Map;

7.

That the project complies with all of the Site Development Standards in Section 21.10.060 of this Chapter;

8.

The project complies with the Special Regulations in Section 21.10.070A and B of this Chapter;

9.

That the project is reviewed by the Water Resources Agency, Health Department, Public Works Department, County Fire Warden and any other agencies deemed necessary by the Director of Planning and that the requirements of those agencies are satisfied;

10.

That the design, color and location of all structures, signs and fences are subject to Chapter 21.44 (Regulations for Design Control Districts) of this Title.

E.

Any residential development of twenty-five (25) or more units is subject to Section 21.64.250 (Regulations for the Reduction of Vehicle Trips) of this Title.

F.

The HDR/5 District in the Rancho Cañada Village Subdivision, as shown on Section 21-16 of the Sectional District Maps, is subject to the following development standards.

1.

Minimum Building Site. The minimum building site shall be one thousand six hundred (1,600) square feet.

2.

All structures (Main structure, Accessory habitable structures, and Accessory non-habitable structures)

a.

Minimum Setbacks. There shall be no minimum setbacks. All development shall be located within the lots shown on the final map for the Rancho Cañada Village Subdivision.

b.

Height. Maximum height: twenty-four (24) feet.

c.

Minimum distance between structures. There shall be no minimum distance required between structures within the townhome lots.

d.

Building Site Coverage. Maximum: eighty percent (80%).

(Ord. 3784, 1994)

(Ord. No. 5135, § 96, 7-7-2009; Ord. No. 5360, § 3, 7-27-2021)