Skip to content

Chapter 38 — ZONING ORDINANCEPart III — Overlay District Regulations

Article 15

Monterey Zoning Code · 2026-07 edition · updated 2026-09-10 · Monterey

HISTORIC PROPERTIES

Sections:

  • § 38-72. Specific Purposes. § 38-73. Definitions. § 38-74a. Survey Procedures. § 38-74b. Land Use Regulations for Properties Without Historic Zoning. § 38-75. H-1 Landmark Overlay Zoning.

  • § 38-76. H-2 City Historic Resource Overlay Zoning. § 38-77. H-D Historic District Overlay Zoning.

Sec. 38-74a. Survey Procedures.

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

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

  1. Procedure for Inclusion on the Reconnaissance Survey or Adopted Survey List.

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

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

Page 160 of 310

Ch. 38 Zoning Ordinance | Monterey City Code

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

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

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

    • a. Area-wide surveys may be initiated by the City Council after recommendation by the Historic Preservation Commission. The Historic Preservation Commission shall establish the survey boundaries.
  • b. Notice of the proposed survey shall be mailed to all property owners within the survey area or by placing a display advertisement at least one-eighth page in at least one newspaper of general circulation within the City.

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

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

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

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

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

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

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

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

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

Page 161 of 310

Ch. 38 Zoning Ordinance | Monterey City Code

  1. The Community Development Director has determined that the property potentially meets the criteria for Historic Zoning and is not excluded per Section 38-74b Paragraph C below. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
  • C. Exclusions. The provisions of this Section 38-74b shall not apply to the following properties: (Exclusion pursuant to this section does not exempt properties from CEQA historic provisions.)

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

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

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

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

  1. Properties with H-1 or H-2 zoning or properties within an H-D Historic District. (These properties must follow Historic Permit and Historic District sections of this ordinance.)
  • D. Land Use Regulations for Alteration. The procedure for alteration of applicable properties shall be as follows:

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

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

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

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

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

(3) If the property is listed or placed on the Adopted Survey List, the project shall be presented to the Historic Preservation Commission for recommendations to the decision-making body for

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

Page 162 of 310

Ch. 38 Zoning Ordinance | Monterey City Code

bringing the project into conformity with the Secretary of the Interior’s Standards for Treatment of Historic Properties.

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

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

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

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

  1. Demolition Delay. The Historic Preservation Commission may recommend a delay period to the City Council of up to 180 days for properties identified by an Intensive Survey as meeting the Criteria for Historic Zoning. The City Council shall approve, modify, or deny the demolition delay as recommended by the Historic Preservation Commission.
  • a. The purpose of the delay period is to discuss: (a) design alternatives which meet the Secretary of the Interior’s Standards for Treatment of Historic Properties, (b) potential for Historic Zoning, including incentives, and (c) in the case of potential H-1 properties, possible initiation of H-1 zoning.

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

Get a plain-English answer with a citation back to this text.

Ask AI about this code
Contents — Monterey Zoning Code

GoCodebook provides public access, search, citation, multilingual explanation, and practical interpretation of legally adopted building regulations. It is not a substitute for the official ICC or California code publications.