Marina Municipal Code Ch. 17.42 General Zoning Regulations

Sections: Compliance with chapter. Use regulations. Private stables. Accessory dwelling units. Mobile home parks. Height. Fences. Yards. Timeshare projects. Satellite dish and local television broadcast antennas. Vacation clubs as a visitor-serving use in the Coastal Zone. Home occupations. Alternative development regulations for planned development in the C-R, C-1 and C-2 districts. Criteria and standards for residential hotel conversions. Large and small family child care homes. Single-room occupancy (SRO) housing. Live-work units. Domestic chickens. Short-term rentals. Prior legislation: Ords. 93-2, 92-6, 86-3, 84-9, 83-4, 82-14, 82-11, 77-10.

The regulations specified in this title shall be subject to the general provisions and exceptions of this chapter. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

A. No dancehall, roadhouse, nightclub, commercial club, establishment or business where alcoholic beverages are served or sold for off-sale consumption, commercial place of amusement or recreation, including but not limited to an amusement center or arcade, or place where entertainers are provided whether as social companions or otherwise, shall be established in any zoning district in the city unless a use permit is first secured in each case. Incidental beer and wine, when served with food or sold with groceries, shall require an administrative use permit pursuant to Chapter 17.55. B. A finding of public convenience or necessity is required for an establishment or business where alcoholic beverages are served or sold for on- and/or off-sale consumption, except when incidental and in combination with food or groceries, within an area of undue concentration as determined by Alcoholic Beverage Control (ABC). Such finding shall require that selling of alcohol for on- and/or off-sale consumption at the subject establishment of business: 1. Will not constitute a public nuisance; 2. Will not occur within five hundred feet of a park or school or place of public assembly; 3. Will not contribute to law enforcement problems associated with an undue concentration of on- and/or off-sale licenses in the vicinity of the subject business or establishment. C. The following activities shall be permitted in any zoning district: 1. The excavation or removal of materials or trees during the normal construction of buildings, structures or underground facilities; 2. Cutting or removal of trees for the purpose of land clearing for public roads and rights-of-way; 3. The cutting or removal of Christmas trees. D. Public utility distribution and transmission line towers and poles and underground facilities for distribution of gas, water, telephone, and electricity and telephone booths shall be allowed in all districts, and without limitations as to height, without the necessity of first obtaining a use permit therefor; provided, however, that the routes of proposed gas, water, telephone and electric transmission lines, and the proposed locations of telephone booths, shall be submitted to the planning commission for recommendation at any time prior to but at least thirty days in advance of the acquisition of rights-of-way for any such routes, or, in the case of telephone booths, in advance of the erection thereof except in the Coastal Zone, where the construction of utility lines shall be subject to first obtaining a coastal permit. E. No accessory building or structure shall be constructed or placed, nor shall any accessory use be conducted, on any property in any R district unless and until the main building is constructed or until a use permit, or in the Coastal Zone a coastal permit, is first obtained. F.

No trailer or mobile home shall be used in any zoning district for any purpose other than a single-family residence or for residential or agricultural storage purposes unless a use permit, and in the Coastal Zone a coastal permit, are first secured in each case. 2. Trailers or mobile homes used as temporary construction offices are allowed without the securing of a use permit. Such use shall be permitted only during the period of construction. 3. Trailers or mobile homes used by public utility companies for temporary emergency equipment or supplies shall be allowed in any district without the securing of a use permit; provided, however, that such use shall not exceed ninety days’ duration. G. Licensed residential care homes for aged persons of not more than six people, including any permitted rooming and boarding, may be allowed in any zoning district which allows residential uses. H. Licensed nursery schools may be permitted in any zoning district upon first securing a use permit, and in the Coastal Zone a coastal permit, in each case. I. Mobile homes and trailers, used as living quarters, not located in mobile home parks or trailer camps shall be allowed only in conjunction with agricultural uses or for the purpose of twenty-four-hour watchman’s quarters upon first securing a use permit, and in the Coastal Zone a coastal permit, in each case which will be good for a maximum period of one year, after which time permanent living quarters shall be constructed. Existing mobile homes which have been granted use permits, and which do not comply with the provisions of this title, may be allowed to continue for as long as the planning commission may desire upon first securing a use permit, and in the Coastal Zone a coastal permit, in each case. The following regulations shall apply in all cases where a use permit or a coastal permit is granted: 1. Skirting of fireproof material shall be provided around the perimeter of the mobile home or trailer; 2. The face of all cut-and-fill slopes shall be planted with a groundcover approved by the director of planning to protect the slopes against erosion; 3. All cut-and-fill slope landscaped areas shall be continuously maintained by the applicant in a litter-free, weed-free condition, and all plant materials shall be continuously maintained in a healthy, growing condition; 4. The planning commission may require compliance with any other conditions or requirements which it may deem reasonable and necessary to make the mobile home compatible with the surrounding neighborhood. J. No person, firm or corporation shall hereafter, within the city, use any land or erect, construct or use any building, structure or enclosure for the purpose of maintaining a zoo or zoological garden for the purpose of raising, maintaining, keeping or exhibiting of any wild animal unless and until a use permit has been first secured. A use permit may be applied for in any district except for R-1, R-2, R-3 and R-4 districts. In the Coastal Zone such uses must be found consistent with the local coastal land use plan and a coastal permit shall be required for these uses. K.

Water facilities, including wells and storage tanks, serving less than three domestic users are permitted in any zoning district. 2. Water facilities, including wells and storage tanks, serving three or four domestic users are permitted in any zoning district upon approval by the planning commission as to the location, access, landscaping and color of storage tanks. In the Coastal Zone such uses shall be subject to a coastal permit. 3. Water facilities, including wells and storage tanks, serving five or more domestic users are permitted in any zoning district upon securing a use permit in each case, except in the Coastal Zone where such uses shall also be subject to first securing a coastal permit. L. In the Coastal Zone the proposed use shall be consistent with the designation and policies of the general plan and local coastal land use plan. M. No more than fifteen percent of the units in any motel or auto court may be provided with a kitchen or kitchenette. No unit in any motel or auto court containing a kitchen or kitchenette shall exceed three hundred fifty square feet of gross floor area. Each unit in a motel or auto court containing a kitchen or kitchenette shall be provided with one and one-half on-site parking spaces. N. One on-site dwelling unit may be allowed subject to the following limitations: 1. The unit is to be occupied exclusively by a property owner, individual employed in the management of the property, or individual employed in the management of an on-site business, together with members of the family of said owner, property manager or business manager, and provisions are made to ensure such continued occupancy. 2. A use permit shall be obtained in each case. 3. The site is located in a commercial or business district. 4. Each building site is limited to one such unit with a maximum gross floor area not exceeding two thousand square feet and not exceeding two bedrooms. 5. Two parking spaces shall be required for the unit. 6. The total number of residential dwelling units including said owner’s/manager’s unit shall not exceed the number of residential dwelling units which would otherwise be allowed on the building site if some residential use is already or otherwise allowed on the site. O. A qualified patient, with an identification card, as defined in California Health and Safety Code Section 11362.7, may cultivate cannabis for noncommercial, personal purposes as set forth in Health and Safety Code Section 11362.77 per each qualified patient with an identification card, upon property she or he rents or owns and inhabits, either inside the dwelling or on land included in such rented or owned property or as permitted by the Adult Use of Marijuana Act, which provides that not more than six living marijuana plants may be planted, cultivated, harvested, dried, or processed by a person over the age of twenty-one inside a private residence, or inside an accessory building to a private residence that is fully enclosed and secure and located upon the grounds of the private residence, as an incidental use to the primary private residential use. Nothing in this chapter is intended to, nor shall it be construed to, preclude any landlord from limiting or prohibiting marijuana cultivation by its tenants. The cultivation shall be at a location on the property that is secluded so that it cannot be observed by a member of the public who passes by the property. This chapter shall be administratively enforced. (Ord. 2025-12 § 3 (Exh. A), 2025; Ord. 2025-09 § 2, 2025; Ord. 2020-08 § 5, 2020; Ord. 2020-07 § 2, 2020; Ord. 2018-09 § 2, 2018; Ord. 2017-07 Exh. A, 2017; Ord. 2016-01 §§ 3, 4, 2016; Ord. 2007-03 § 2 (Exh. B), 2007; Ord. 2007-02 § 1, 2007; Ord. 2003-01 § 1, 2003; Ord. 2002-03 § 1, 2002; Zoning Ordinance dated 7/94, 1994)

The following regulations shall apply in all cases where a use permit has been issued for the maintenance of a private stable: A. The minimum lot area upon which a horse may be kept is one acre and two horses may be kept on such area. One additional horse may be kept for each twenty thousand square feet by which the parcel of land exceeds one acre; B. Stables shall be located midway between the side lot lines and in no case closer than twenty feet from the side lines, and not closer than fifty feet to the front lot line. Paddocks shall be located on the rear half of the lot not closer than twenty feet to any property line nor closer than forty feet from any dwelling on the same or adjacent property; C. Prior to the establishment of any stable in the Coastal Zone, the planning commission will be required to make a finding that such use is consistent with the local coastal program. Stables will also be required to first obtain a coastal permit. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

This section establishes standards for the location and construction of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) (jointly referred to as “accessory units” in this section) in conformance with California Government Code Sections 66310 through 66342. These standards are intended to allow for accessory units as an important form of affordable housing and to comply with state law. A. Permits Required. 1. Accessory units consistent with the requirements of this section are allowed by right with the issuance of a building permit. 2. Time Limit to Determine Application Completeness. The city shall determine whether an application for an accessory unit is complete and provide written notice of the determination not later than fifteen business days after receiving the application. If the city determines that an application is incomplete, the city will provide the applicant with a list of incomplete items and a description of how the application can be made complete in the written notice. If a permit application is determined to be incomplete or is denied, the applicant may appeal that decision. After receipt of the appeal, the city shall provide a final written determination in no more than sixty business days. 3. Time Limit to Act. The city shall complete its review of an accessory unit application and approve or deny the application within sixty days of receipt of the application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory unit is submitted with a permit application to create a new single-family dwelling on the lot, the city shall delay acting on the permit application for the accessory unit until the city acts on the permit application to create the new single-family dwelling. If the applicant requests a delay, the sixty-day time limit shall be extended for the period of the requested delay. In either case the application to create the accessory unit shall be considered without discretionary review or hearing. B. Permitted Zoning Districts. Accessory dwelling units are permitted in any zoning district where single-family or multifamily dwellings are a permitted or conditionally permitted land use as identified in this title. Junior accessory dwelling units are permitted in any zoning district where single-family dwellings are a permitted or conditionally permitted land use as identified in this title. C. Site and Design Standards. 1. General. Accessory units are subject to the same requirements that apply to primary dwellings on the same lot in the applicable zoning district except as specified in this section. 2. Number of Accessory Units. The following units shall be ministerially approved on a single lot with a single- family dwelling: a. One ADU within the proposed space of a single-family dwelling or existing space of a single-family dwelling or existing accessory structure that may include an expansion of not more than one hundred fifty square feet for ingress/egress; and b. One JADU within the proposed space of a single-family dwelling or existing space of a single-family dwelling that may include an expansion of not more than one hundred fifty square feet for ingress/ egress; and c. One detached, new construction, ADU of no more than eight hundred square feet of interior livable space that does not exceed four-foot side and rear yard setbacks that meets the height requirements of this section on a lot with a proposed or existing single-family dwelling . 3. Lots with existing multifamily dwellings may have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. 4. Lots with an existing multifamily dwelling may have a number of internal or attached ADUs equal to twenty-five percent of the existing multifamily dwelling units. Fractions of units of one-half and above shall be rounded up. Accessory dwelling units may include portions of dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages;

provided, that each unit complies with state building standards for dwellings. At least one accessory dwelling unit shall be permitted per lot within existing multifamily dwellings. 5. Lots with a proposed multifamily dwelling can have up to two detached ADUs. 6. Relationship to Primary Dwelling. a. An accessory dwelling unit may be within, attached to, or detached from the primary dwelling. Attachment to the primary dwelling shall be by sharing a common interior wall or common roof. No passageway (as defined in California Government Code Section 66314) is required in conjunction with the construction of an accessory dwelling unit. b. An accessory dwelling unit shall have its own kitchen, bathroom facilities, and entrance separate from the primary dwelling. c. The city shall allow junior accessory dwelling units as defined in California Government Code Section 66313 to be constructed within the walls of the proposed or existing single-family residence with a separate entrance from the main entrance to the primary dwelling, an efficiency kitchen as defined herein, and shared or independent bathroom facilities. 7. Height. a. A detached accessory dwelling unit is limited to sixteen feet in height. A detached accessory dwelling unit may be up to eighteen feet in height if it is (i) within one-half mile walking distance of a major transit stop or high quality transit corridor, or (ii) on a lot that has an existing multifamily, multistory dwelling. b. A detached accessory dwelling unit shall also be allowed an additional two feet in height to accommodate a roof pitch that is aligned with the roof pitch of the primary. c. An attached accessory dwelling unit is limited to twenty-five feet in height or the height limitation that applies to the primary dwelling, whichever is lower. 8. Maximum Unit Size. a. The maximum floor area for a studio or one-bedroom accessory dwelling unit shall be eight hundred fifty square feet of interior livable space. b. The maximum floor area for an accessory dwelling unit of two bedrooms or more shall be one thousand square feet of interior livable space. c. In situations where an ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure, an additional one hundred fifty square feet are allowed for expansion beyond the physical dimensions of the accessory dwelling unit, limited to providing ingress and egress only. d. The maximum floor area of a junior accessory dwelling unit shall be five hundred square feet of interior livable space.

e. There is no maximum unit size requirement the following types of ADUs: i. An ADU developed from existing space within a single-family dwelling or accessory structure; ii. An ADU developed within a proposed single-family dwelling; iii. An ADU developed within portions of an existing multifamily dwelling structure, or iv. A detached ADU developed on a multifamily parcel. 9. Property Line Setbacks. a. No setback is required for an existing accessory structure or living area as defined herein that is converted to an accessory dwelling unit. b. No setback is required for an accessory dwelling unit constructed in the same location and the same footprint as an existing accessory structure. c. A minimum setback of four feet from the side and rear property lines is required for an accessory dwelling unit twenty-five feet in height or less. If there is a recorded constraint, such as a no-build easement (e.g., public utility easement), then the recorded constraint prevails in determining the setback. An accessory dwelling unit in excess of twenty-five feet in height shall comply with setback requirements of the main structure of the applicable zoning district. d. No standard in this section shall inhibit the development of one ADU with no more than eight hundred square feet of interior livable space, and with four-foot side and rear yard setbacks, in compliance with all other development standards in this section. 10. Parking. a. Except as specified in this subsection, on-site parking for accessory dwelling units shall comply with all parking requirements in Chapter 17.44. b. On-site parking is not required for junior accessory dwelling units. c. In addition to on-site parking spaces required for the primary dwelling, one on-site parking space shall be provided for each accessory dwelling unit per unit or bedroom, whichever is less. d. On-site parking spaces for accessory dwelling units may be covered or uncovered, may be tandem, and may be located within the front, side, or rear setback areas unless there is a specific site or regional condition related to fire or life safety that would make parking in setback areas unsafe. e. No on-site parking is required for an accessory dwelling unit in the following cases: i. The accessory dwelling unit is located within one-half mile walking distance of public transit.

ii. The accessory dwelling unit is located within a National Register Historic District, in architecturally or historically significant areas or other historic district officially designated by the city council. iii. The accessory dwelling unit is constructed within the primary residence or within an accessory structure. iv. On-street parking permits are required but not offered to the occupant of the accessory dwelling unit. v. A car-share vehicle pick-up/drop-off location is located within one block of the accessory dwelling unit. vi. The accessory dwelling unit is part of an application to create a new single-family or multifamily dwelling on the same lot. vii. An off-street parking space is not required when a garage, carport, covered parking structure or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU. viii. The ADU is constructed within a portion of an existing multifamily dwelling structure or is a detached ADU on a multifamily parcel. 11. Utility Connections. a. General. An accessory unit shall not be considered a new residential use for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service, unless constructed in conjunction with a new single-family residence. b. Accessory Units in Existing Space. For accessory units within an existing primary dwelling, garage, or other accessory structure, the city shall not require an applicant to install a new or separate utility connection directly between the accessory unit and utility or impose a related connection fee or capacity charge. c. Attached and Detached Accessory Dwelling Units. Consistent with California Government Code Section 66324, a utility connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service. d. Fire Sprinklers. Accessory units shall not be required to provide fire sprinklers if they are not required for the primary dwelling. The construction of a dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. The prohibition on requiring fire sprinkler installation described above shall also apply to JADUs. 12. Septic Tank Disposal System.

a. In areas where septic tank disposal systems are allowed due to lack of sanitary sewer lines, detached accessory dwelling units shall be served by separate and independent septic tank sewage disposal systems. All leach lines shall be designed and installed in accordance with current septic system requirements of the county of Monterey health department. b. In other areas of the city, accessory dwelling units shall be connected to the sanitary sewer system through the existing lateral line serving the primary dwelling. 13. Fees. a. Impact fees shall not be imposed on an accessory unit less than seven hundred fifty square feet of interior livable area in size. b. Impact fees charged for an accessory unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling. 14. Ownership and Rental Restrictions. a. ADUs and JADUs cannot be rented for terms of fewer than thirty days. b. An ADU may not be sold separately from the primary dwelling unless done so in accordance with Government Code Section 66341. 15. Occupancy—State of Emergency. In counties subject to a gubernatorial state of emergency on or after February 1, 2025, a certificate of occupancy for an ADU can be issued even if the primary dwelling has not yet been rebuilt if certain conditions are met including but not limited to if the primary dwelling was substantially damaged or destroyed by an event referenced in the state of emergency proclamation. 16. Additional Junior Dwelling Unit (JADU) Requirements. a. JADU Entryway. If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. b. JADU Tenancy. i. The owner of the primary dwelling must reside on the property, either in the JADU or the primary dwelling. ii. The above requirement for JADUs shall be lifted if the JADU has its own private bathroom, allowing a property owner to rent out both the primary dwelling and the JADU. c. JADU Efficiency Kitchen. Junior accessory dwelling unit shall include an efficient kitchen, which shall include all of the following: i. A cooking facility with appliances.

ii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit. d. Deed Restrictions for JADUs. A recorded deed restriction is required for the creation of a JADU and shall include the following: i. A prohibition on the sale of the JADU separate from the sale of the single-family dwelling, including a statement that the deed restriction may be enforced against future purchasers; and ii. A restriction on the size and attributes of the JADU that conforms with this section. (Ord. 2026-01 § 2, 2026; Ord. 2023-06 § 3 (Exh. 1), 2023; Ord. 2021-05 § 10, 2021; Ord. 2020-07 § 2, 2020; Ord. 2020-06 § 2 (Exh. A), 2020)

The following regulations shall apply in all cases where a use permit has been issued for a mobile home park, except otherwise prescribed by state law: A. The minimum lot area for a mobile home park shall be five acres. B. No mobile home park shall have commercial uses other than those used primarily by the residents of the park such as: coin-operated machines for laundry, soft drinks, cigarettes and similar uses on condition that the uses shall be located in the interior of the park. C. The density of the mobile home park shall be limited to eight homes per acre with the minimum mobile home site to be not less than three thousand square feet. D. Minimum yard setbacks from adjoining streets and properties shall be as follows: front yard setback, twenty feet; side yard setback, ten feet; and rear yard setback, ten feet, except as otherwise prescribed by state law. E. Landscaping and fences shall be provided and shall be designed to screen the mobile home park from the street and adjoining properties. Landscaping and fencing plans shall be approved by the director of planning. F. All landscaped areas shall be continuously maintained by the applicant in a litter-free, weed-free condition and all plant material shall be continuously maintained in a healthy, growing condition. G. No less than ten percent of the total area of the mobile home park shall be developed for recreational purposes. H. For required parking see Section 17.44.020. I. All utility distribution facilities, including but not limited to electric, communication and cable television lines installed for the purpose of supplying service within any mobile home park, shall be placed underground, except as follows: equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal- mounted terminal boxes and meter cabinets, and concealed ducts, or such equipment when concealed by shrubbery, landscaping or other screening and approved by the director of planning. The planning commission may waive the requirements of this section if topographical, soil or other physical conditions make underground installation of such facilities unreasonable or impractical. J. Notwithstanding the requirements in subsections C, D and G of this section, alternative regulations as described below shall apply to mobile home parks which meet these following criteria: (1) the mobile home park was legally established prior to the incorporation of the city of Marina, (2) it has not expanded by more than three new mobile home sites since incorporation, and (3) it has been and shall continue to be certified by the United States Department of Housing and Urban Development as a mobile home park providing housing for adults fifty- five years old or older. The alternative regulations which shall then apply in lieu of the requirements of subsections C, D and G of this section are that: (1) the density shall be limited to eleven homes per acre, (2) the minimum mobile home site area shall be two thousand four hundred square feet, and (3) no less than six percent of the total area of the mobile home park shall be developed for recreational purposes. (Ord. 2020-07 § 2, 2020; Ord. 99-04 § 1, 1999; Ord. 96-8 § 1, 1996; Zoning Ordinance dated 7/94, 1994)

A. Chimneys, vents, cupolas, spires, and other architectural or mechanical appurtenances may be erected to a greater height than the limit established for the district in which the building is located, except in the Coastal Zone where the height of such structures shall be subject to a coastal permit. B. Towers, poles, water tanks, and similar structures may be erected to a greater height than the limit established for the district in which they are to be located, subject to securing a use permit and, in the Coastal Zone, a coastal permit in each case. (Ord. 2025-12 § 3 (Exh. A), 2025; Ord. 2025-09 § 2, 2025; Ord. 2020-07 § 2, 2020; Ord. 2002-06 § 2, 2002; Ord. 2002-01 § 1, 2002; Ord. 98-05 § 1, 1998; Ord. 97-1 § 1, 1997; Zoning Ordinance dated 7/94, 1994. Formerly 17.42.060)

A. In any required front yard or in any required exterior side yard or any side yard abutting a street, separate fences and retaining walls shall not exceed three and one-half feet in height and fences combined with retaining walls shall not exceed a combined height of four and one-half feet with the retaining wall not exceeding two feet in height, all subject to modifications in subsections C and D of this section. Maximum height limitations may be exceeded to six feet in height for fences, retaining walls and for combination of fences and retaining walls as determined necessary for public safety, privacy, or security subject to the approval of the community development director or by the planning commission on appeal. The review authority may require alternative materials, segmented retaining walls, landscaping or other measures to mitigate the visual impacts of proposed fences and/ or retaining walls or any combination thereof. B. In any required rear yard or in any required interior side yard or any required side yard not abutting a street, separate fences and separate retaining walls shall not exceed six feet in height, and fences combined with retaining walls shall not exceed a combined height of nine feet with the retaining wall not exceeding four feet in height. Maximum height limitations may be exceeded to eight feet total height for fences and retaining walls and up to twelve feet in total height for combination of fences and retaining walls as determined necessary for public safety, privacy, or security subject to the approval of the community development director or by the planning commission on appeal. The review authority may require alternative materials, segmented retaining walls, landscaping or other measures to mitigate the visual impacts of proposed fences and/or retaining walls or any combination thereof. Other factors in allowing a height exception include (1) to provide satisfactory visual or sound isolation of sensitive land uses from commercial activities such as contractors yards, loading docks and similar commercial activities or (2) to provide reasonable security for areas approved for outdoor storage of equipment or material associated with approved contractor’s yards to restrict unauthorized access to facilities that might be dangerous or hazardous or (3) to minimize grading and/or tree removal impacts. C. All heights referenced in subsections A and B of this section shall be measured from the finished ground elevation at the base of a separate fence and from the finished ground elevation at the base of the lower side of a separate retaining wall or a combined retaining wall and fence. A fence or a wall shall be considered a separate fence or a separate wall when the face of the fence and the face of the retaining wall are separated by a minimum three-foot horizontal distance or are located on separate building sites. D. The heights of fence columns may extend a maximum of six inches above the maximum height otherwise allowed by the height limitations described herein. The height of arbors integrated into the design of a fence and incorporating a pedestrian opening in the fence may exceed the height limitations described herein, provided the height of such an arbor does not exceed a height of twelve feet above the height of the finished ground elevation at the pedestrian opening. E. As provided in Section 10.70.010, corner parcels shall be developed in a manner that ensures unrestricted visibility across the corners of the intersecting streets, alleys, and private driveways. 1. The corner vision triangle area is a triangular-shaped area on a corner parcel formed by measuring the prescribed distance from the intersection of the front and street side property lines, an intersecting alley, or an intersecting driveway and connecting the lines diagonally across the property making a ninety-degree triangle. See figure below.

The dimensions of a corner vision triangle are twenty-five feet from the intersection of two public or private street rights-of-way. 3. It is illegal to erect, place, plant, or allow to grow within the corner vision triangle area. a. Fences, walls, signs, accessory structures, mounds of earth, advertising matter, storage area, merchandise display area or other visual obstructions over thirty inches in height; b. Hedges, shrubbery, and vegetation over or with a growth characteristic over thirty inches in height; and c. Tree canopies maintained at a height less than seven feet above ground level, as measured from adjacent street curb elevation. F. Master fence plans for subdivisions shall be reviewed as part of the entitlement process. Master fence plans may deviate from the fence regulations stated herein if the development director or planning commission makes findings that the proposed fences provide public safety, privacy or security and are aesthetically pleasing from the street side view (findings are listed in order of importance). The development director or planning commission may require landscaping or other measures to mitigate the visual impacts of proposed fences and/or retaining walls or any combination thereof. G. Garden structures are allowed, subject to the following standards: 1. A garden structure shall not encroach onto a public right-of-way. 2. If a garden structure has an area of thirty-six square feet or less, it may have a solid roof. If a garden structure has an area greater than thirty-six square feet, its roof shall be at least half open to the elements, with no solid roof portion greater in area than thirty-six square feet. 3. A garden structure one hundred square feet or less in area may encroach into a required side yard or rear yard setback, but if greater than six feet in height, shall be located at least three feet from the property line, with the following exceptions: a. If the property line faces a street or alley, one garden structure, over a gate or walkway, shall be allowed on the outward-facing property line. Such structures shall be no more than twenty-four square feet in area and shall be nine feet or less in height. b. In each side yard setback, a single garden structure over a gate or walkway is allowed to encroach up to the property line. Such structures shall be nine feet or less in height, and shall not have a depth greater than two feet. 4. In required front yard setbacks, one garden structure is allowed over a gate or walkway. Such structures shall be no more than twenty-four square feet in area with a height of nine feet or less and may be located either in the setback or on the front property line.

Vertical trellises that serve the same function as a fence shall be treated as a fence under Section 17.42.060. 6. Garden structures exceeding these standards may be allowed with an administrative design review pursuant to Section 17.55.030. Garden structures outside of required setbacks do not require a planning permit. H. Prohibited Materials. 1. Fences in any district may not contain strands of barbed or razor wire, sharp or jagged glass, sharp or jagged metal components (e.g., razor-spikes), or similar materials. The only exception shall be for properties that contain a public safety hazard such as a power plant, facilities with hazardous materials or as determined by the community development director, which must receive an administrative use permit. 2. Prohibited fence materials on an existing fence may not be expanded or repaired. Further, all prohibited fence materials must be removed within one year of the feature becoming nonconforming. I. Temporary fencing to secure and/or screen a property may be authorized by the community development director or their designee on vacant lots, lots with an active building permit or a blighted property as defined in Chapter 8.70, Public Nuisance. J. Gated communities shall not be allowed as part of a development application. (Ord. 2025-12 § 3 (Exh. A), 2025)

A. In any case, where an official plan line has been established as a part of the street and highway master plan, the required yards on the street side shall be measured from such official plan lines and in no case shall the provisions of this title be construed as permitting any structures to extend beyond such building line. B. Cornices, eaves, canopies, and similar architectural features may extend into any required yard not exceeding two and one-half feet. C. Uncovered porches, or stairways, fire escapes or landing places may extend into any required front or rear yard not exceeding six feet, and into any required side yard not exceeding three feet. Covered porches on interior lots may extend into the required front yard not exceeding six feet and sixty square feet. Covered porches on corner lots may extend into any combination of the required front yard and the required exterior side yard not exceeding six feet and a total area of one hundred twenty square feet. D. In any R district, where fifty percent or more of the building sites on any one block or portion thereof in the same district have been improved with buildings, the required front yard shall be of a depth equal to the average of the front yards of the improved building sites, to a maximum of that specified for the district in which such building site is located.

E. In case a dwelling is to be located so that the front or rear thereof faces any side lot line, such dwelling shall not be less than ten feet from such lot line. F. In case a building site is less than sixty feet in width, side yards equal to ten percent of the lot width but not less than five feet shall be required, except in C or M districts. G. In the case of a corner lot adjacent to a key lot, the required side yard on the street side for any building within twenty-five feet of the side line of the key lot shall be equal to the front yard required on the key lot, and if more than twenty-five feet from such side line, the required side yard shall be fifty percent of the front yard required on the key lot. H. In case an accessory building is attached to the main building it shall be made structurally a part thereof and shall comply in all respects with the requirements of this title applicable to the main building. I. Except as otherwise provided in subsection J of this section, detached accessory buildings not for living purposes shall not be located: 1. Within five feet from the main building; 2. Within the front one-half of the lot; 3. Within ten feet of a street side-yard setback; 4. Within four feet of any lot line; 5. So as to encroach on any easement or right-of-way of record; 6. Within six feet of an alley from which the building has access; J. The location of accessory buildings not for living purposes may only exceed the limitations of subsection I of this section subject to an administrative use permit. The community development director or the planning commission on appeal may require landscaping or other measures to mitigate the visual impacts of accessory buildings. K. In case of a lot abutting upon two or more streets, the main building and accessory buildings shall not be erected so as to encroach upon the front yard or the exterior side yard required on any of the streets. L. Notwithstanding any requirements in this section, in cases where the elevation of the front half of the lot at a point fifty feet from the centerline of the traveled roadway is seven feet above or below the grade of the centerline, a private garage attached or detached may be built to within five feet of the front line of the lot. M. Nothing contained in the general provisions shall be deemed to reduce special yard requirements as set forth in the regulations for any R or K districts. N. Structures, except utility poles and utility equipment appurtenant thereto, shall not be located so as to encroach on any utility or road easement or right-of-way.

O. Notwithstanding the provisions of subsections B, C and H of this section, porches, decks and patios exceeding a height of eighteen inches and attached to the main building, and patio covers attached to the main building, may extend into the required rear yard and together with other buildings on the lot may occupy an area greater than the maximum site coverage allowed in the district in which it is located, except as follows: 1. The structures shall not extend more than ten feet into the required rear yard and shall not occupy an area of the required rear yard exceeding two hundred square feet. 2. The finished floor surface shall not exceed five feet in height and the patio cover is a single story structure not exceeding sixteen feet in height. 3. If the structure is enclosed by walls, the walls may have any configuration, provided the open area of the longer wall and one additional wall is equal to at least sixty-five percent of the area of each respective wall below a minimum of six feet eight inches measured from the floor. 4. Wall openings may be enclosed with insect screening, plastic or glass. The plastic or glass shall be readily removable, translucent or transparent and not exceed a thickness provided by the current edition of the Uniform Building Code. 5. Patio covers shall be used only for recreational and outdoor living purposes and not as carports, garages, storage rooms, commercial or business space or habitable space as defined by the current edition of the Uniform Building Code. P. Stormwater Runoff Limitations. Impermeable surfacing may not exceed the stormwater runoff design for the parcel or lot and must not cause runoff to affect adjacent property. Properties located in residential districts shall not cover the front, side or rear yards not including buildings and accessory structures with impermeable surfaces such as concrete, asphalt or hardscape more than fifty percent of the yard including the driveway and all pathways, unless approved by the community development director. To exceed this standard, applicants must include calculations by a registered civil engineer demonstrating consistency with on-site stormwater retention subject to review by the city engineer. Limits on Paving and Hardscaping for Residential Front, Rear, and Side Yards

(Ord. 2025-12 § 3 (Exh. A), 2025; Ord. 2020-07 § 2, 2020; Ord. 2004-10 § 1, 2004; Ord. 2003-09 § 1, 2003; Ord. 98-15 § 1, 1998; Zoning Ordinance dated 7/94, 1994)

A. For the purposes of this code, timeshare projects shall be considered a visitor-serving use as are hotel/motel projects and shall be permitted as hotel/motel projects are permitted in this title. B. Conversions of existing structures to timeshare projects shall not be permitted. C. Timeshare projects shall be liable for the payment of transient occupancy taxes in accordance with the provisions of Title 3, Revenue and Finance. D. Each timeshare unit shall have a minimum of three hundred fifty square feet gross floor area measured from inside of walls. (Ord. 2020-07 § 2, 2020; Zoning Ordinance dated 7/94, 1994)

Legislative Finding and Determination. The city council of the city of Marina does find, determine and declare as follows: that the use of satellite dish antennas is increasing throughout the city due to technological advances of such equipment; that although such equipment is large, cumbersome and can be aesthetically unattractive, it appears to be a necessary and desirable accessory use of property within the city; that at the present time the size, location and appearance of such equipment is not adequately addressed in the zoning regulations in effect in the city; that in the absence of regulation, the placement of unattractive equipment in residential and commercial locations would interfere with the use, possession and enjoyment of adjacent property; and that the public peace, health, safety and general welfare require enactment of this ordinance to regulate the use of satellite dish antennas rather than prohibit them. A. Definitions. “Large satellite dish antenna” means any antenna or parabolic reflector established to receive transmissions directly from satellites, with minimum diameter in excess of one meter (39.37 inches), and which is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite. “Local television broadcast antennas” means antennas which are designed to receive local television broadcast signals. “Small satellite dish antenna” means any antennas which are one meter or less in diameter or diagonal measurement and are designed to receive video programming services via MMDS (multipoint microwave distribution system, multi-channel multi-point distribution system, or wireless cable), or to receive or transmit fixed wireless signals other than via satellite as well as to receive direct broadcast satellite service, including direct- to-home satellite service, or to receive or transmit fixed wireless signals via satellite. Neither large nor small satellite dish antennas include antennas established for the purpose of receiving transmissions from ground transmitters. B. Satellite Dish Antenna Requirements—Residential Districts. In residential districts: 1. The planning commission shall be the primary reviewing body of applications to install satellite dish antennas. It shall ensure that each application is consistent with the provisions and intent of this chapter prior to approval. 2. Prior to installation of a satellite dish antenna, all appropriate permits shall be obtained from the building division. 3. Satellite dish antennas shall be considered accessory structures, and unless otherwise stated, shall comply with the height, setback and lot coverage requirements for buildings in the zone in which they are to be located. 4. All satellite dish antennas shall be located on the back half of the lot as ground-mounted units only. C. Satellite Dish Antenna Requirements in All Other Districts. 1. A use permit or coastal development permit in the Coastal Zone approved by the planning commission shall be required for all satellite dish antennas. 2. Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the building division. 3. Antennas may be ground-mounted, roof-mounted or aboveground pole-mounted. 4. Roof-mounted and aboveground pole-mounted antennas shall not exceed the height of structures allowed in the district in which they are to be located. 5. Roof-mounted antennas shall be located on a flat portion of the roof with parapets and/or an architecturally matching screening plan. 6. No commercial advertising of any kind shall be allowed on large satellite dish antennas. D. Development Standards for Satellite Dish Antennas. 1. The planning commission may add any conditions to a permit necessary to achieve the compatibility of a satellite dish antenna with its neighborhood. 2. All satellite dish antennas located in residential districts shall be located to minimize the visual impact on surrounding properties and from public rights-of-way and adjacent properties by use of screens, fences and/ or landscaping without impeding the efficiency of the dish, to the satisfaction of the city council on appeal or the planning commission.

Any readily visible satellite dish antenna shall be painted to blend with its surroundings and shall not be unnecessarily bright, shiny, garish or reflective. 4. Prior to installation of a satellite dish antenna, all appropriate permits must be obtained from the building division. 5. All proposals for roof-mounted antennas shall be designed by a registered architect or civil or structural engineer. 6. The installation of all satellite dish antennas shall be subject to the design of footings, anchorage and fasteners by a California registered architect, civil or structural engineer, to meet the current Uniform Building Code as adopted by the city. 7. The electrical system shall be designed and installed in accordance with the National Electrical Code as adopted by the city. 8. All electrical wiring associated with antennas shall be installed underground. 9. A satellite dish antenna shall be maintained in a safe and aesthetically acceptable condition for the duration of the time it exists on the property. E. Limitation. Certain parcels of land in the city may not be able to accommodate satellite dish antennas because of unique terrain problems and/or adverse effects on the surrounding neighborhood. In such instances, the planning commission may withhold approval to construct, install and/or maintain a satellite dish antenna. F. Existing Antennas. 1. All owners of antennas installed or constructed prior to the effective date of the ordinance codified in this section shall apply to the planning commission for a use permit no later than July 1, 1987. 2. Within sixty days after such application, the planning commission shall: a. Issue a use permit if the antenna conforms to the provisions of this chapter; or b. Prior to the issuance of a use permit, require the owner to move the antenna, or to make structural and/or design changes to the antenna so that it conforms to the provisions of this chapter; or c. Issue an exemption, if it determines that the antenna is installed or constructed in a safe manner and is in substantial compliance with the provisions and/or intent of this chapter. 3. In granting an exemption, the planning commission may add any conditions necessary to effectuate the purpose and intent of this chapter. G. Appeals. Any action taken by the planning commission may be appealed, in writing, to the city council within ten days of said action.

H. Local television broadcast antennas that are mounted on buildings such that the maximum height of the antenna exceeds fifteen feet above the roofline of the building are subject to approval by a conditional use permit. I. Exemptions. All small satellite dish antennas mounted on buildings such that they do not protrude above the nearest roof eave are exempt from this title. All local television broadcast antennas that are mounted on a building such that the maximum height of the antenna does not exceed fifteen feet above the roofline of the building are also exempt from this title. (Ord. 2025-09 § 2, 2025; Ord. 2020-07 § 2, 2020; Ord. 2002-07 § 1, 2002; Zoning Ordinance dated 7/94, 1994)

A. Any proposal for a vacation club, as defined in Section 17.04.745, shall be considered a visitor-serving use in the Coastal Zone subject to the following findings made by the planning commission at a duly noticed public hearing as part of the development review process and shall not be considered a visitor-serving use in the Coastal Zone without such findings: 1. Membership of the proposed vacation club is sufficiently large to insure to broad opportunity for visitor use; 2. The purchase price and ongoing maintenance fees for membership are reasonably affordable; 3. Membership in the club is easy to achieve and is documented in a membership program; 4. The membership is available to the general public; and 5. Permit requirements are established that will insure availability of transient accommodations to the general public who are not members of the club. B. The record of proceedings on such a determination will require the applicant to provide sufficient information and program materials to demonstrate that the proposed vacation club use meets the findings noted above. The planning commission’s determination shall include a written summary and analysis of this information and written findings of their decision. The planning commission may impose conditions as necessary to effect the purpose and intent of this section. All determinations by the commission are appealable as provided for under this title. (Ord. 2020-07 § 2, 2020; Ord. 97-7 § 1, 1997)

A home occupation, as defined in Section 17.04.421, may be permitted as an accessory use to a permitted residential use in a residential zoning district provided the following standards are met: A. A business license is secured from the city finance department. B. The use is clearly incidental and secondary to the use of the dwelling for dwelling purposes.

C. The business shall not require the installation of gas or electric power service in excess of normal dwelling requirements or place a load on garbage or sewer or community facilities beyond normal dwelling requirements. D. The use does not change the character of dwelling or adversely affect the uses permitted in the residential district. E. The use creates no significant additional vehicular or pedestrian traffic to the residence and requires no additional parking space or involves the repeated use of commercial vehicles for delivery of materials to or from the premises, beyond that normal to residential use. F. No persons are employed in nor report to the home other than those necessary for domestic purposes. G. Not more than twenty-five percent of the area of said dwelling is used for such use. H. No internal or external alterations or construction features not customary in dwellings are involved. I. No sign, which identifies or advertises the business, shall be displayed on the property. J. There shall be no storage or display of materials or products used in the business that are visible from off of the property. K. There shall be no external evidence of business activity, including odors, construction materials, smoke or other particulate matter, heat, humidity, glare, electronic interference, noises or vibrations. L. The use cannot occupy required parking spaces, which include a two-car garage for a single-family home. M. There shall be no process used in the home occupation which is hazardous to public health, safety or welfare. No toxic explosive, radioactive or other restrictive materials not normally used in a single-family dwelling shall be used or stored on the site. N. The property owner must agree in writing to all proposed uses, if the applicant is a renter and not a property owner. (Ord. 2020-07 § 2, 2020; Ord. 2001-06 § 1, 2001)

the C-R, C-1 and C-2 districts. Notwithstanding any minimum building site area, minimum front, side or rear yard, or parking requirements to the contrary, alternative development regulations may be established in the C-R, C-1, and C-2 districts for a planned development on a total site area of not less than one-half acre, subject to the approval of a general development plan for said area as described and following procedures described in Chapter 17.26. Within said planned development area a general development plan may establish alternative individual building site areas, yard requirements, and parking requirements, all of which may vary from those otherwise required. However, such a plan shall establish alternative setbacks within the boundaries of the general development plan area which shall be landscaped and shall be permanently maintained as open space as follows: (A) setbacks as provided by the front yard requirement of said district abutting any public street frontage, and (B) a minimum ten-foot building setback and perimeter landscape planting strip measured from the boundary of the general development plan area not abutting a public street. Cornices, eaves, canopies, and similar architectural features, and uncovered porches, stairways, fire escapes, or landing places may extend into said open space as shown and clearly defined in general development plan. Also, parking spaces or driveways may encroach up to five feet into said open space not abutting a street as shown and clearly defined in the general development plan. Further, such a plan may establish alternative parking requirements where no individual tenant space constitutes more than twenty-five percent of the total floor area and where there is a mix of residential and commercial uses within said planned development. However, any reduction in the total number of parking spaces which might otherwise be required shall not be reduced to less than one parking space for each four hundred fifty square feet of floor area. The approval of any such general development plan shall be conditioned upon the provision of adequate assurances that said permanent landscaping shall be perpetually maintained and that all parking, with the exception of not more than two parking spaces for each residential unit, shall be made available for shared usage by all uses within the planned development. On planned development sites that abut lands in the same district, the planning commission may require that pedestrian and vehicular circulation facilities be extended from the planned development site to the boundary of general development plan area for connection with existing or future pedestrian and vehicular facilities on such abutting lands, and that provisions are incorporated into the project to ensure that necessary and appropriate cross easements will be obtained. (Ord. 2020-07 § 2, 2020; Ord. 2003-01 § 1, 2003; Ord. 2001-02, 2001)

A. Purpose. The purpose of this section is to provide for the orderly conversion of existing hotels which have primarily nontransient occupants to residential hotels designed to provide long-term residential use for families and the work force that are affordable and to provide needed transitional housing opportunities. The standards herein are established to ensure that such use shall provide a suitable living environment for the tenants of the residential hotels, be compatible with surrounding land uses and protect the public health, safety and general welfare. B. Use Permit Required. Residential hotel conversions shall be permitted only for a hotel legally operating before January 1, 2000, which can demonstrate that it is no longer economically viable as a fully transient hotel in the R-4, multifamily residential district and C-1, commercial or retail business district of the city. These conversions shall only be permitted in these underlying zones provided a use permit is first approved pursuant to the provisions of this chapter, a conversion agreement between the owner and the city is approved and executed, and compliance with the Uniform Building Codes (UBC) is achieved. The conversion agreement shall be designed to lessen the impact of the conversion removing visitor-serving units from the community, as set forth under subsections D through L of this section. For those hotels located in the C-1 zoned areas that have been constructed prior to January 1, 2000, residential hotels are conditionally permitted uses and are only allowed above the ground floor, except that, for such a hotel with only a single floor, a residential hotel is a conditionally permitted use which may occupy up to fifty percent of the square footage of the single floor.

C. Resident Manager. An on-site resident manager shall be required and shall be responsible for ensuring that applicable occupancy and income restrictions listed in the conversion agreement are enforced. D. Affordability and Residency. As a condition of approval of any use permit and prior to the issuance of any building permits for such project, the owner(s) of the property shall be required to execute and record a notice against the property in a form approved by the city attorney agreeing to restrict rents of the residential hotel lodging units to a level affordable to low and moderate income households. The term “low to moderate income households” as used in this section shall mean households having an income not exceeding one hundred twenty percent of the median family income for the county of Monterey. Minimum affordability standards shall require that rents for these units shall not exceed thirty percent of the maximum income level of said low to moderate income households as set forth by the California State Department of Housing and Community Development (HCD) as adjusted on an annual basis during the life of the project. E. Conversion Agreement. The property owner(s) will be required to execute and record a conversion agreement with the city of Marina designed to lessen the impact on the city of the conversion eliminating visitor units, to include the following: 1. Payment of a mitigation fee to amortize the change in use; 2. Limitations relating to provisions to ensure that the rooms remain available for lower income households, which may include compensation for reasonable expenses of the city or an alternative agency delegated by the city for monitoring compliance with these provisions, and other provisions of the agreement and entitlements; 3. In order to avoid overcrowding and impacts on services, limitations on the maximum size and occupancy of each unit. F. Site Development Standards. This chapter recognizes residential hotels as a special class of residential development to provide needed affordable and transitional housing opportunities. In order to provide a living environment consistent with the needs of the tenants of the residential hotels and in order to preserve locally recognized values of community appearance, the following site development standards shall apply, along with minimum common area facilities determined through the city’s normal process of hearings and consideration. G. Minimum Lot Area. The minimum lot area shall not be less than sixteen thousand square feet. H. Maximum Size of Each Unit. The maximum size of each dwelling unit shall be not more than five hundred square feet as per the UBC. I. Open Space. Projects having thirty or more units shall be required to provide a total minimum of one thousand square feet of common usable open space. J. Private Storage Space. Each unit within the project shall have at least fifty cubic feet of enclosed, weatherproofed and lockable storage space at a single location. This space shall be in addition to interior closet space provided within a unit.

K. Parking. For every dwelling unit there shall be no less than one parking space. The use and assignment of these parking spaces shall be clearly defined in the conversion agreement and lease agreement. Provisions for guest parking and bicycle parking/racks shall be required as part of the conversion agreement. L. Site Design Review. Residential hotels in Marina shall be subject to planning commission approval pursuant to Chapter 17.56. (Ord. 2025-09 § 2, 2025; Ord. 2020-07 § 2, 2020; Ord. 2008-06 Exh. A, 2008; Ord. 2004-04 § 1 (Exh. 2), 2004; Ord. 2004-03 § 1, 2004)

Large and small family child care homes shall comply with the following standards: 1. Location. Large and small family child care homes shall have vehicular access from a public street or a private street improved to city standards. This requirement may be waived by the community development director if it can be determined that certain physical conditions exist and if the waiver would not be detrimental to the public peace, health, safety and comfort of the affected neighborhood. 2. Parking—Drop-Off Area. At least two parking spaces for passenger loading/unloading must be available either on street or off street. If on street, there shall be at least twenty-two feet of legally permitted parking along the frontage of the parcel. If on site, an existing driveway may be used for this purpose. Such parking must not restrict access to neighboring residences. A home located on an arterial shall provide a drop-off/ pick-up area designed to prevent vehicles from backing onto the street (e.g., circular driveway). 3. Noise. Outdoor activities shall be limited to the hours between eight a.m. and eight p.m. in residential zone districts and between seven a.m. and eight-thirty p.m. in all other zones. 4. Health and Safety. Each large and small family child care home shall comply with applicable building and fire codes, as well as with licensing requirements of the state Department of Social Services. Each large family child care home shall receive fire safety clearance from the fire department prior to beginning operations. Consistent with 22 CCR Section 102371(b), as may be amended, fire clearance shall not be required for small family child care homes. 5. Conforming Use and Building. The residence must be in compliance with the development standards for the zone, including, but not limited to, minimum building site area, lot coverage, parking, and fencing. 6. Occupancy Requirement/Property Owner Authorization. The large or small child care home shall be the principal residence of the provider. If the provider is not the owner of the principal residence, a letter authorizing the use of the residence and site for large or small family child care use shall be obtained from the property owner. 7. Residential Use. The facility shall be operated in a manner so as not to appear as a commercial operation. No structural changes shall be approved that will alter the character of the building as a residence.

Number of Children. The maximum number of children for whom care may be provided at any one time shall be regulated by 12 CCR Section 102416.5, as may be amended. (Ord. 2025-08 § 4 (Exh. A), 2025; Ord. 2022-07 § 3 (Exh. A), 2022; Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

A. Purpose. 1. Provide affordable and long-term housing for small households and for people with special needs; 2. Provide high density housing in close proximity to transportation and commercial services; and 3. Provide the highest possible livability standards of design, environment, comfort and security given the constraints of limited living space and the need to maintain affordability. B. Development Regulations. 1. Floor Area. Minimum of one hundred fifty square feet per unit, including bathrooms. Maximum of three hundred fifty square feet per living unit, including bathrooms. 2. Kitchen. Each unit shall contain kitchen facilities including a sink, cooking apparatus and refrigerator. 3. Bathroom. Each unit shall contain a bathroom with toilet, sink and shower or tub. 4. Entryways. Units shall not have separate external entryways. 5. Common Area. Fifty square feet per unit, designed and furnished for the use and comfort of all residents. No common area shall be less than five hundred square feet in size. Common areas shall not include storage rooms, laundry facilities, common kitchens, dining rooms or hallways. 6. Maximum Occupancy. Two persons per unit. 7. Manager’s Unit. A manager’s unit shall be provided in a central location; such unit may exceed the maximum floor area and occupancy limitations in this section. 8. Telephone/Cable Television. Units shall be pre-wired for both telephone and cable television service. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

A. Limitation on Uses. A live-work unit shall not be established or used in conjunction with any of the following uses or activities: 1. Adult businesses;

Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.; 3. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use; 4. Welding, machining, or any open flame work; and 5. Any other activity or use, as determined by the planning commission, to be incompatible with residential activities and/or to have the possibility of affecting the health or safety of live-work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes. B. Sale or Rental of Portions of Unit. No portion of a live-work unit shall be separately rented or sold as a commercial space for any person not living in the premises or as a residential space for any person not working in the same unit. C. Nonresident Employees. Up to two persons who do not reside in the live-work unit can work in the unit. The employment of three or more persons who do not reside in the live-work unit can be permitted subject to use permit approval, based on additional findings that the employment will not adversely affect traffic and parking conditions in the site vicinity. D. Client and Customer Visits. Client and customer visits to live-work units are permitted subject to any applicable conditions of the use permit. E. Design Standards. A live-work unit shall be designed to accommodate commercial uses as evidenced by the provision of ventilation, interior storage, flooring, and/or other physical improvements of the type commonly found in exclusively commercial facilities permitted in the C-R district. (Ord. 2020-07 § 2, 2020; Ord. 2006-03 § 1 (Exh. A), 2006)

A. Definitions. 1. “Domestic chicken” means an egg-laying female chicken (hen). For the purposes of this section, domestic chickens shall not include roosters. 2. “Hen house” means a house or enclosure for the domestic chicken, made of metal chicken wire, or other suitable material, so as to prevent the escape of domestic chickens. Hen houses shall be clean, dry, odor-free, neat and sanitary structures and shall have adequate ventilation and adequate sun and shade. Hen houses shall be impermeable to rodents, wild birds and predators, including raccoons, dogs and cats, and shall be maintained in good repair to prevent escape.

B. Development Regulations. Up to four domestic chickens shall be permitted within the MHR, R-1, R-2, and R-1/C- P zoning districts, as set forth in this chapter, upon payment of a fee of twenty-five dollars to the city clerk, and subject to the following rules and development regulations: 1. No more than four domestic chickens allowed per residential household. 2. Domestic chickens shall be raised for eggs and shall not be slaughtered or raised for consumption of their meat. 3. Domestic chickens shall only be permitted at a residential household if the household has a suitable hen house. The hen house shall be located at least ten feet from the property boundary. Hen houses shall be kept clean and maintained in good repair and shall be of a sufficient size to provide adequate and proper housing so as to prevent overcrowding. Hen houses must be located in the back yard and shall not be visible from the front of the residence. 4. Domestic chickens shall not be allowed to run at large on public or private property. Chickens may be permitted outside of an enclosure on the homeowner’s property within the rear yard only when attended by a person not younger than twelve years old. 5. Odors from domestic chickens, manure or other related substances shall not be perceptible beyond the boundaries of the permitted household. Manure in excess of that which can be safely and sanitarily utilized on the premises shall be removed and not allowed to accumulate. 6. Domestic chickens must be provided with access to feed and clean water at all times. 7. All feed and other items associated with the keeping of domestic chickens which are likely to attract or to become infested with or infected by rats, mice, rodents, wild birds or predators shall be protected so as to prevent rats, mice, rodents, wild birds or predators from gaining access to or coming into contact with the feed or other such items. 8. Domestic chickens shall be treated humanely and shall be used only for the raising of eggs. 9. The keeping of domestic chickens shall not result in a public or private nuisance. 10. Owners of domestic chickens currently in the city will have ninety days from the date of adoption of the ordinance codified in this section to come into compliance with its requirements. (Ord. 2020-07 § 2, 2020; Ord. 2013-09 § 1, 2013)

A. Purpose. The purpose of this section is to establish a permitting process and appropriate standards for the short-term rental of a whole dwelling unit, or portion of the same, for a period of twenty-nine consecutive days or less.

B. Definitions. For the purposes of this section, the following definitions shall apply: 1. “Hosting platform” means a marketplace in whatever form or format which facilitates home-sharing or vacation rental, through advertising or other means, using any medium of facilitation, and from which the operator of the housing platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace. 2. “Primary residence” means an owner’s permanent residence or usual place of return for housing as documented by evidence of a Monterey County assessor’s homeowners exemption and at least two forms of identification in the owner’s name: motor vehicle registration, driver’s license, state and federal tax returns, a bank account statement, voter registration, or a utility bill from within the past sixty days. An owner may only have one primary residence at any given time. A primary residence is a “one-family dwelling” as defined in Section 17.04.290. 3. “Registry” or “city registry” means the list of STR permits issued in a calendar year. The city shall bear responsibility for keeping the registry up-to-date with current permits. 4. “STR guest(s)” or “guest(s)” means any person or group of persons staying at an STR for no more than twenty-nine consecutive days. 5. “STR owner” or “owner” means the person, or persons, individually, jointly, in common, or a living trust, whereby the trustor and trustee are the same person whereby such property is under single or unified control holding fee title which rents a dwelling operated and used as an STR. 6. “Short-term rental” or “STR” means a primary residence, or any portion thereof, rented for occupancy for lodging or sleeping purposes for a period of twenty-nine consecutive days or less. 7. “Transient occupancy tax” or “TOT” means local transient tax as set forth in Chapter 3.12. The tax is paid by the guest when paying for their rental. The collected TOT is then remitted to the city. 8. “Advertising” means signs, circulars, cards, telephone books, newspapers, magazines, posters, email, mobile applications, television, radio, or any other representation implying or stating the property is available for short-term rental use. C. Short-Term Rental Requirements and Conditions. 1. Compliance With Applicable Laws. The owner must comply with all applicable laws, rules, and regulations pertaining to the use and occupancy of the STR. 2. Short-Term Rental Permit Required. A permit from the city (hereinafter referred to as an “STR permit”) is required for all STRs shorter than twenty-nine consecutive days. 3. Validity Period. An STR permit shall expire on June 30th of each calendar year and may be renewed upon reissuance of a business license and proof of timely payment of transient occupancy tax (TOT) during the time period of operation of the STR. An STR permit is only valid for up to one year, subject to renewal, and does not run with the land. Therefore, the issuance of an STR permit for a period of up to one year does not create a fundamentally vested right. As such, the city reserves the right to deny renewal of an STR permit for any reason, without the applicant having a right to hearing or other due process rights. During the application renewal submission, the owner must resubmit proof of “primary residence” as listed in subsection (B)(2) of this section. 4. Change in Ownership. The STR permit shall be invalidated by a change in owner of an STR, except when a spouse or domestic partner is added to the title of the property or the property is converted to a trust, which is principally under the same ownership. If the STR permit is invalidated by a change in ownership, the owner must complete the reapplication process within forty days or the right to the STR permit will be lost. 5. Noise and Disturbances. Guests are subject to the requirements of Chapter 9.24, Noise Regulations. 6. Revocation of STR Permit. An STR permit may be revoked by the city due to the failure to meet the requirements set forth in this code and state law, subject to the discretion of the city. Any applicant or permit holder whose request for permit has been denied, or whose permit has been revoked, shall be ineligible for a two-year period from applying for a new permit. Such period shall run from the date of any final determination of denial or revocation. No person whose permit has been revoked shall continue to engage in, or carry on, the activity for which the permit was granted unless and until such permit has been reinstated or reissued. 7. Appeal Process. Revocation of an STR permit may be appealed pursuant to Section 17.70.020. The appeal shall be accompanied by a filing fee, if any, as established by city council resolution. 8. Good Neighbor Brochure. A good neighbor brochure, the contents of which shall be set by resolution of the planning commission, shall be required on the premises of any STR. 9. Occupancy Limitations. The maximum number of guests permitted in an STR is two per bedroom, plus two additional guests per unit (as shown in the following table). No more than twelve guests shall be permitted to stay in an STR. Number of Bedrooms Number of Guests Allowed 0 (studio) 2 1 4 2 6 3 8 4 10 5+ 12

10. Transient Occupancy Tax. Transient occupancy tax (TOT) shall be collected on all short-term rentals. STR owners are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the city on a monthly basis. If a hosting platform collects payment for short-term rentals, then it and the STR owner shall both have legal responsibility for the collection and remittance of TOT.
11. Advertising STR Without STR Permit. No owner, owner representative, responsible tenant, person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise shall post, publish, circulate, broadcast or maintain any advertisement of an STR property if that property does not operate pursuant to a valid STR permit.
12. Parking. Each designated on-site parking space at a transient use site shall be made available for use by overnight occupants of that site and any on-site driveway must be available for the use of the guests of the site. Each private contract or tenancy shall specify what the maximum number of tenant vehicles to be parked at or in proximity to a transient use site (whether on street or off street), which shall not exceed the number of bedrooms included in the contract or tenancy.
13. Contact Information. The owner shall maintain a clearly visible on-site placard, accessible from the public right-of-way, displaying the name and twenty-four-hour contact information of the owner or designated local contact person authorized to respond to complaints. The owner shall include the property address and contact information in all advertisements and online listings for the short-term rental.
14. Specific Prohibitions. The owner is responsible for ensuring the property does not become a nuisance due to any short-term rental occupant activities. The activities prohibited for short-term rentals are examples that include, but are not limited to, the following: a. Senior housing units and below market rate units may not be used for short-term rental purposes. b. An owner may not have a short-term rental permit on more than one parcel for short-term rental use in the city’s jurisdiction. In addition, the parcel listed on the permit must be owner occupied as defined by primary residence. c. Commercial or assembly uses, such as weddings, corporate events, and parties, are prohibited in short-term rentals. d. Short-term rental to unaccompanied minors is prohibited. e. Short-term rentals are prohibited in accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) that received approval on or after January 1, 2020. ADUs and JADUs that received approval prior to January 1, 2020, are exempt from this prohibition and may be used as short-term rentals, provided the owner obtains a valid STR permit. f. Parcels that have an ADU or JADU that received approval on or after January 1, 2020, are prohibited from obtaining a short-term rental permit. Parcels with an ADU or JADU that received approval prior to January 1, 2020, are exempt from this prohibition.

g. Short-term rentals are prohibited in recreational vehicles (RVs), tents, and other nonpermanent structures. 15. Density Limits. Upon the effective date of the ordinance codified in this chapter, all new STR permits shall be subject to a fifty-five-foot zone of exclusion. The fifty-five-foot zone of exclusion shall be drawn from the STR parcel boundary. A property shall be ineligible to hold an STR license if any part of its parcel boundary is within the fifty-five-foot zone of exclusion of an existing STR. Subject to the city manager or his/her designee’s discretion, a property may be eligible for an STR permit if its parcel boundary is outside the zone of exclusion but an associated legal easement is within the fifty-five-foot range (i.e., a reverse ingress or egress easement creates a flag lot). Implementation of this section for existing permit holders will be deferred until June 30, 2027, and will take effect upon issuance of an STR permit during the renewal process. STR permit holders within a fifty-five-foot zone of exclusion will not be allowed to operate an STR after June 30, 2027. 16. Permit Cap. The total number of short-term rental permits issued and active within the city shall not exceed fifty at any time. No new permit shall be issued once the cap has been reached, unless an existing permit is revoked or terminated. 17. Duration. The number of nights that the property can be used for short-term rental purposes shall be limited to one hundred eighty nights per calendar year. During the submission of a new application, the owner must submit a proposed rental calendar not to exceed one hundred eighty nights and, upon a renewal application, the owner must submit proof they have not exceeded the one hundred eighty nights. D. Permit Application Procedures. An application for an STR permit shall be filed with the community development department upon forms, the content of which shall be set by resolution of the planning commission and shall, at a minimum, request: 1. The name, address, assessor’s parcel number (APN) for the STR owner’s property, and telephone number of the owner of the STR for which the STR permit is to be issued. 2. A statement of the anticipated daily rental charge for the STR and written acknowledgment of the responsibility to pay TOT associated with the rental of the STR. 3. A valid business license issued by the city for the STR, with the stipulation that the actual business license number must be included in any solicitation for an STR. 4. An STR permit application nonrefundable fee. The fee will cover the estimated costs of reviewing the application. 5. Plans, which do not need to be drawn up by a professional, but drawn to scale including the following: a. Plot plan showing location of all property lines, location of all existing buildings, and location of dimensioned on-site parking spaces. b. Floor plan showing all rooms with each room labeled as to room type. Floor plan modifications must be submitted within seventy-two hours of updating STR platform listings.

The rental/lease agreement to be used, or house rules/requirements, which shall include, but not necessarily be limited to, the following: a. Number of guests allowed, which shall not exceed two per legal bedroom plus two additional guests. b. Number of vehicles a guest is allowed to park on site and off site per subsection (C)(12) of this section. c. A nuisance management plan that includes maintaining a decibel reader on site at all times to monitor noise levels. 7. Once the STR permit is issued, the STR permit number must be listed on all platform listing headlines and the platform web links provided to the city. E. Hosting Platform Requirements. 1. Hosting platforms together with STR owners shall be responsible for collecting all applicable TOTs and remitting the same to the city. The hosting platform shall be considered an agent of the owner for purposes of TOT collections and remittance responsibilities as set forth in Chapter 3.12. 2. Subject to applicable laws, hosting platforms shall disclose to the city on a regular basis each home- sharing and vacation rental listing located in the city, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay. Hosting platforms that fail to comply will be subject to fines and penalties pursuant to Section 1.12.080. 3. Hosting platforms shall not complete any booking transaction for any residential property or unit unless it is listed on the city’s registry at the time the hosting platform receives a fee for the booking transaction. 4. A hosting platform operating exclusively on the internet, which operates in compliance with subsections (E)(1), (E)(2), and (E)(3) of this section, shall be presumed to be in compliance with this section, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this code. 5. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal laws and will not apply if determined by the city to be in violation of, or preempted by, any such laws. 6. Pursuant to the city’s adoption of SB 346 (Durazo, 2025), short-term rental facilitators shall report the physical address, including the nine-digit zip code, of each short-term rental located within the city every three months. Failure to submit the required report may result in administrative fines, penalties, or an audit initiated by the city. Facilitators shall provide additional information requested by the city, as authorized by SB 346, if the city deems such information necessary to identify a specific short-term rental. Short-term rental facilitators shall include in each listing any applicable local business license number and transient occupancy tax certification issued by the city. F. Liability and Enforcement.

Any owner, owner representative, responsible tenant, person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise who uses, arranges, or negotiates for the use of residential property in violation of the provisions of this section is guilty of an infraction for each violation, and for each day in which such residential property is used, or allowed to be used, in violation of this chapter. 2. Violations of this chapter may be prosecuted pursuant to Section 1.12.080 and issued a civil penalty not exceeding the amounts set forth in California Government Code Section 36900(d). G. Review of Chapter. This chapter shall be reviewed three years after its adoption. At that time, city staff shall evaluate the implementation of the short-term rental (STR) ordinance and present their findings to the planning commission. (Ord. 2026-05 Exh. A, 2026; Ord. 2019-02 § 1 (Exh. A), 2019) 17.44.010 17.44.020 17.44.030 17.44.040 17.44.050 17.44.060