Article 5

R RESIDENTIAL DISTRICTS

Sections:

• § 38-21. Specific Purposes.

• § 38-22. R-E Residential Estate District.

• § 38-23. R-1 Residential Single-Family District.

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

• § 38-25. R-3 Residential Medium Density Multifamily Dwelling District. § 38-26. Supplemental Regulations Applicable in R Districts.

In addition to the general purposes listed in Article 1, the specific purposes of residential districts are to:

A. Provide appropriately located areas for residential development that are consistent with the General Plan and with standards of public health and safety established by the City Code.

B. Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects.

C. Protect adjoining single-family residential districts from excessive loss of sun, light, quiet, and privacy resulting from proximity to multifamily development.

• D. Achieve design compatibility with surrounding neighborhoods.

E. Provide sites for public and semipublic land uses needed to complement residential development or requiring a residential environment.

A. Description. The R-E Residential Estate District is intended to provide opportunities for single-family detached homes on large parcels in neighborhoods at densities ranging from less than two dwelling units per acre and to eight units per acre. A second number, “-20,” “-30,” etc., indicates the minimum lot area and dimensions and the property development standards that apply. Supporting recreational, religious, educational, and community facilities are also allowed.

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

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

R-E DISTRICT LAND USE REGULATIONS

Additional Regulations

Residential Uses

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

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R-E DISTRICT LAND USE REGULATIONS

Schools, Public or Private U Utilities, Major U Utilities, Minor P

Accessory Uses

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

Temporary Uses Require administrative approval by the Community Development Director Nonconforming Uses See Article 28

P = Permitted U = Use Permit Required

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

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

R-E DISTRICT: MINIMUM LOT DIMENSIONS

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

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R-E DISTRICT: MINIMUM LOT DIMENSIONS

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

R-E DISTRICT: PROPERTY DEVELOPMENT STANDARDS

1. Minimum Yards (in feet):

• a. Front 35 (a) b. First-Story Side (b) c. Corner Side (c) d. Second-Story Side (d) e. Second-Story Corner Side (e) f. Rear 35 (f) 2. Maximum Lot Coverage (Percent) 35% 3. Maximum Floor Area Ratio (FAR) 40% (g) 4. Maximum Height (stories/ft.) a. Dwellings 2-1/2 stories and 30 ft. b. Accessory Structures One story and 12 ft.

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

b A combined total of 20 percent of the lot width may be varied along the length of a structure with a minimum setback of 15 feet. Combined side yard setbacks shall be measured along lines parallel to the front property line. Side yard setbacks for nonrectangular sites shall be computed using an average of the front and rear property lines.

c 20 percent of the lot width but not more than 25 feet.

d A combined total of 30 percent of the lot width may be varied along the length of a structure with a minimum setback of 15 feet. Combined side yard setbacks shall be measured along lines parallel to the front property line. Side yard setbacks for nonrectangular sites shall be computed using an average of the front and rear property lines.

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

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• e 25 percent of the lot width but not more than 30 feet.

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

g Excluding up to 250 square feet of a garage that is not occupied by any appliance, equipment, mechanical system, work bench, or built-in fixture, carports, decks, uncovered patios, and landscaping areas.

5. Off-Street Parking.

a. Number of Off-Street Parking Spaces Required:

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

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

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

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

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

6. Supplemental Regulations and Exceptions for Substandard Lots:

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

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

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

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

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8. Nonconforming Structures: See Article 28.

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

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

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FENCES AND WALLS

(The diagram is illustrative)

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

12. Variations to Setback Standards. Setbacks shall be as set forth in the Zoning Ordinance; however, the Planning Commission may minimally vary any setback to achieve an improved relationship between the new construction and structures on adjacent lots and those in the immediate neighborhood. No variation to the standards shall be approved until notice is given to all adjoining property owners and the property owners across the street. If a variation is granted, it supersedes the need for a variance. Variations that do not conform with these standards shall be reviewed in accordance with the provisions of Section 38-156 et seq.

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

• a. Adopted Neighborhood Compatibility Design Guidelines:

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

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• c. Adopted View Impact policies;

• d. Adopted Tree Protection Standards. (Ord. 3715 §§ 17, 18, 20 -- 22, 2025; Ord. 3429 § 3, 2009; Ord. 3428 § 2, 2009; Ord. 3414, 2008)

• E. Review of Plans.

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

1. The site of the residence is subject to a D-1, Design Control, or D-2, Development Control, overlay district;

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

3. The building site exceeds 15% slope; or

4. The proposed design fails to comply with neighborhood design guidelines or Planning Commission standards. (Ord. 3715 § 16, 2025; Ord. 3424 § 1, 2009)

A. Description. The R-1 Residential Single-Family District is intended to provide opportunities for single-family detached homes in neighborhoods at densities ranging from less than two dwelling units per acre to eight units per acre. A second number, “-5,” “-6,” etc., indicates the minimum lot area and dimensions and the property development standards that apply. Supporting recreational, religious, educational and community facilities also are allowed.

B. Land Use Regulations. In the following schedule, the letter “P” designates use classifications permitted in the R-1 District, and the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” column includes certain limitations on allowable uses and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

R-1 DISTRICT LAND USE REGULATIONS

Additional Regulations

Residential Uses

Single-family Residential P With more than one kitchen U With boarders or lodgers P Rooms shall not contain kitchen facilities.

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

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R-1 DISTRICT LAND USE REGULATIONS

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R-1 DISTRICT LAND USE REGULATIONS

patios. Bath facilities are limited to a half bath,

and a full bath is not permitted.

Temporary Uses

Require administrative approval by the Community Development Director

Nonconforming Uses

See Article 28

P = Permitted U = Use Permit Required

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

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

R-1 DISTRICT: MINIMUM LOT DIMENSIONS

1. Allowable Reduction in Minimum Lot Area. In the R-1-40, R-1-20, R-1-15, and R-1-12 Zones, the area of each lot within a tract may be reduced by 30 percent when approved by the Planning Commission, if an equivalent aggregate amount of land is dedicated for public greenbelt and recreation use within said tract,

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and the location of dwellings within said tract is subject to Development Review Committee approval; and further provided, that no lot may be reduced below 10,000 square feet.

Lots of record that do not meet these standards as of July 1, 1985, may be joined with adjacent lots and subdivided into parcels less than standard, if the Planning Commission first finds that the subdivision results in closer adherence to the standards of this section than by leaving the lots as separate parcels.

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

R-1 DISTRICT: PROPERTY DEVELOPMENT STANDARDS

1. Minimum Yards (in feet):

a. Front 15 (a) b. First-Story Side (b) c. Corner Side (c) d. Second-Story Side (d) e. Second-Story Corner Side (e) f. Rear 20 (f)

2. Maximum Lot Coverage (Percent)

a. One-story Buildings 40% b. Buildings with 2 or more 35% stories 3. Maximum Floor Area Ratio (FAR) 40% (g)

4. Maximum Number of Stories and Maximum Height (feet)

a. Dwelling: Two (2) stories and 25 feet. b. Accessory Structure(s): One (1) story and 12 feet.

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

b A combined total of 20 percent of the lot width may be varied along the length of a structure, but not less than four (4) feet nor more than 10 feet (except on corner sides). The sum of the side yard setback on any

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

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lot shall not exceed 30 percent of the width of the lot. Combined side yard setbacks shall be measured along lines parallel to the front property line. Side yard setbacks for nonrectangular sites shall be computed using an average of the front and rear property lines.

c 20 percent of lot width, but not less than 10 feet, or more than 15 feet.

d A combined total of 40 percent of the lot width may be varied along the length of a structure, but not less than seven (7) feet or more than 15 feet. Combined side yard setbacks shall be measured along lines parallel to the front property line. Side yard setbacks for nonrectangular sites shall be computed using an average of the front and rear property lines.

e 25 percent of lot width, but not less than 15 feet, or more than 20 feet.

f On lots less than 100 feet in depth, the minimum rear yard setback shall be 20 percent of the lot depth, but not less than 10 feet.

g Excluding up to 250 square feet of a garage that is not occupied by any appliance, equipment, mechanical system, work bench, or built-in fixture, carports, decks, uncovered patios, and landscaping areas.

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5. Off-Street Parking.

   • a. Number of Off-Street Parking Spaces Required:

   1. Lots greater than or equal to 5,000 square feet: Two (2) spaces, including one (1) covered, neither of which may be located in the front yard setback. Tandem spaces are permitted.

   2. Lots less than 5,000 square feet: One (1) covered space that may not be located in the front yard setback.

   3. Guest houses: One (1) space in a location approved by the Planning Commission but not located in the front yard setback.

   • b. Parking should be kept to a minimum in front yard setbacks (Ord 3334; 01/2004)

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On lots of a size 5,000 square feet or greater and on lots with a street front footage of 50 feet or greater, parking in the front yard setback shall be limited to the driveway in front of covered parking and in front of any required open parking space.

The driveway in the front yard setback area shall not be widened more than an additional 10 feet and shall not be closer than 3 feet to a side property line. This widened area shall be a paved surface like the existing driveway or alternative paving surfaces, which have been reviewed and approved by staff. The 3-foot area between the driveway apron and the side property line shall be landscaped and not paved.

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

Additional improved parking area may be considered by the Zoning Administrator where there is a physical hardship based on lack of on-street parking, topography, or natural features. There shall be no parking in the front yard setback on non-driveway areas.

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

6. Supplemental Regulations and Exceptions for Substandard Lots. See Section 38-26: Supplemental and Regulations Applicable in R Districts and Article 17: Regulations Applying in All Districts

7. Nonconforming Structures See Article 28.

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

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

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

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

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FENCES AND WALLS

(The diagram is illustrative)

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

12. Variations to Setback Standards. Setbacks shall be as set forth in the Zoning Ordinance; however, the Planning Commission may minimally vary any setback to achieve an improved relationship between the new construction and structures on adjacent lots and those in the immediate neighborhood. No variation to the standards shall be approved until notice is given to all adjoining property owners and the property owners across the street. If a variation is granted, it supersedes the need for a variance. Variations that do not conform with these standards shall be reviewed in accordance with the provisions of Section 38-156 et seq.

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

• a. Adopted Neighborhood Compatibility Design Guidelines:

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

• c. Adopted View Impact policies;

• d. Adopted Tree Protection Standards. (Ord. 3715 §§ 17, 18, 20 -- 22, 2025; Ord. 3429 § 3, 2009; Ord. 3428 § 3, 2009; Ord. 3414, 2008; Ord. 3256 § 2, 1999)

E. Substandard Residential Lots. A substandard lot is a residential lot in a residential zone consisting of less than 5,000 square feet in total area. No dwelling units located on a substandard residential lot shall be constructed, enlarged, remodeled, or expanded unless it complies with the following development standards:

1. Maximum Floor Area Ratio (FAR):.

Lots less than 3,600 square feet: 0.35

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Lots 3,600 square feet or more: 0.40

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

2. Maximum Height: 25 feet

3. Setbacks: Setbacks shall be as set forth in Sections 38-22, 38-23, 38-24, and 38-25; however, the Planning Commission may vary any setback to achieve a variation between the dwelling and units on adjacent lots thereto, or to achieve the design considerations of subsection (4). No variance shall be approved until notice is given to all adjoining owners and the owner across the street. (Ord. 3715 § 16, 2025)

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

5. Number of Off-Street Parking Spaces:

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

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

• F. Repealed.

• G. Review of Plans.

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

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

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

3. The building site exceeds 15 percent slope; or

4. The proposed design fails to comply with neighborhood design guidelines or Planning Commission standards. (Ord. 3715 § 16, 2025; Ord. 3560 § 5, 2017; Ord. 3424 §§ 1, 14, 2009)

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

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A. Description. The R-2 Residential Low-Density Multifamily Dwelling District is intended to provide opportunities for multifamily dwelling residential use, including duplexes, townhouses, apartments, or cluster housing, in neighborhoods at a maximum density of 14.5 dwelling units per acre. A second number, “-5,” “-6,” etc. indicates the minimum lot area and dimensions and the property development standards that apply. Supporting recreational, religious, educational and community facilities also are allowed.

B. Land Use Regulations. In the following schedule, the letter “P” designates use classifications permitted in the R-2 District, and the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” column includes certain limitations on allowable uses and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

R-2 DISTRICT LAND USE REGULATIONS

Additional Regulations

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

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R-2 DISTRICT LAND USE REGULATIONS

Commercial Uses Horticulture, Ltd.

Greenhouses not to exceed 500 sq.ft.

Public and Semi-public Uses

Clubs and Lodges U Day Care, Large Family U See Section 38-26(J) Day Care, General U Park and Recreation Facilities U Public Safety Facilities U PWS Facilities U Religious Assembly U Residential Care, General U Schools, Public or Private U Utilities, Major U Utilities, Minor P Accessory Uses Permitted on the site of a permitted use, but See Section 38-26 requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios. Temporary Uses Commercial Filming, Ltd. U Personal Property Sales P Street Fairs U

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R-2 DISTRICT LAND USE REGULATIONS

Nonconforming Uses

See Article 28

P = Permitted U = Use Permit Required

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

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

R-2 DISTRICT: MINIMUM LOT DIMENSIONS

1. In the R-2-12 District, the area of each lot within a tract may be reduced 30 percent when approved by the Planning Commission, if an equivalent aggregate amount of land is dedicated for public greenbelt and recreation use within said tract, and location of dwellings within said tract is subject to Development Review Committee approval, and further provided that no lot may reduced below 10,000 square feet.

Lots of record that do not meet these standards as of July 1, 1985, may be joined with adjacent lots and subdivided into parcels less than standard, if the Planning Commission first finds that the subdivision results in closer adherence to the standards of this section than by leaving the lots as separate parcels.

Lots may be subdivided to less than 5,000 square feet but not less than 3,500 square feet only where development is limited to one single-family residence and the creation of the substandard lot does not conflict with adopted Area Plan policies and programs. All such subdivisions are subject to discretionary review by the Planning Commission. (Ord 3276 § 1, 1999)

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

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R-2 DISTRICT: PROPERTY DEVELOPMENT STANDARDS

1. Minimum Lot Area per Dwelling Unit (sq.ft.) 3,000 (a) 2. Minimum Lot Depth (ft.) 100

2. Minimum Yards: a. Front (ft.) 20 b. Side (ft.) 5(b)(d)(f) c. Corner Side (ft.) (c) d. Rear (ft.) dwellings 15 (e)(h)

3. Yard Adjoining an R-1 District. The side yard shall be at least five feet for single story units, 10 feet for two story units, and 14 feet for units above two stories. The rear yard shall be 30 feet for units above two stories.

4. Maximum Lot Coverage (percent) 35% 6. Maximum Floor Area Ratio (FAR) 0.35% (g) 7. Maximum Height (stories/ft.) a. Dwellings Two stories and 25 ft. b. Accessory Structures One story and 12 ft.

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

b Shall be increased at the rate of two feet per story for each story over two contained in a multi-family dwelling. A multi-family dwelling, whose rear entry opens into a side yard, shall be a seven-foot minimum, and the side yard which the dwelling fronts on shall be a minimum of 15 feet.

c 20 percent of lot width; 10 foot minimum, 15 foot maximum.

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

e For single-family residences on less than 100 feet in depth, the minimum setback shall be 20 percent of lot depth, but not less than ten feet.

f For single-family residences, the sum of the side yard widths on any lot need not exceed 30 percent of the width of the lot, but in no case shall the width of any side yard be less than 10 percent of the width of the lot, but not less than four feet.

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

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h 20 feet for two story structures Ord 3266 §1, 1999

8. Open Space.

a. Basic Requirement. Total usable open space on a site having three or more dwelling units shall be at least 350 square feet per dwelling unit. A portion or all of the usable open space shall be private; otherwise it shall be shared.

b. Private Open Space. Private open space equal to or greater than 10 percent of the gross floor area of a dwelling unit shall be on patios or balconies immediately adjacent and accessible within which a horizontal rectangle has no dimension less than five feet.

c. Shared Open Space. Shared open space, provided by interior side yards, patios and terraces, shall be designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways or parking areas, or area required for front or corner yards.

9. Off-Street Parking.

   • a. Number of Off-Street Parking Spaces Required:

• 1. Single-Family Dwelling: 2, including 1 covered (both behind front yard setback)
• 2. Guest House 1 (behind front yard
• 3. Rental Multifamily Dwelling:

Studios: 1.2, including 1 covered One Bedroom Units: 1.5, including 1 covered Two Bedroom Units: 2, including 1 covered Three or more Bedroom Units: 2.5, including 1 covered Building with 25 units or more: 2 per unit

4. Condominium Multifamily Dwelling: Studio, One-Bedroom or Two-Bedroom 2, including 1 covered Units: Three Bedroom units: 3, including 1 covered 5) Elderly housing: 0.5 per unit

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

10. Planting Areas.

a. Yards Adjoining Streets. All visible portions of a required yard adjoining a street that are not used for driveways or walks shall be planting area.

b. Adjoining an R-1 District. A continuous planting area having a minimum width of five feet shall adjoin an R-1 district.

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

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FENCES AND WALLS

(The diagram is illustrative)

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

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

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

15. Variations to Setback Standards. Setbacks shall be as set forth in the Zoning Ordinance; however, the Planning Commission may minimally vary any setback to achieve an improved relationship between the new construction and structures on adjacent lots and those in the immediate neighborhood. No variation to the standards shall be approved until notice is given to all adjoining property owners and the property owners across the street. If a variation is granted, it supersedes the need for a variance. Variations that do not conform with these standards shall be reviewed in accordance with the provisions of Section 38-156 et seq.

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

• a. Adopted Neighborhood Compatibility Design Guidelines;

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

• c. Adopted View Impact policies;

• d. Adopted Tree Protection Standards. (Ord. 3715 §§ 17, 18, 20 -- 22, 2025; Ord. 3414, 2008; Ord. 3256 § 3, 1999)

• E. Review of Plans.

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

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

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

3. The building site exceeds 15 percent slope; or

4. The proposed design fails to comply with neighborhood design guidelines or Planning Commission standards. (Ord. 3715 § 16, 2025)

• F. Development Standards for R-2 Lots Less than 5,000 Square Feet. The following special development standards shall apply to all R-2 lots less than 5,000 square feet.

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

  2. The permitted floor area, measured to exterior dimensions of all dwellings on a parcel of land, shall not exceed 35% of the total lot area for lots under 3,600 square feet, and 40% for lots greater than or equal to 3,600 square feet. For purposes of this section, floor area includes all space within the exterior dimensions of the structure. (Ord. 3424 §§ 1, 14, 2009)

A. Description. The R-3 Residential Medium Density Multifamily Dwelling District is intended to provide opportunities for garden apartments, townhouses, and cluster housing in neighborhoods at densities up to 30 units per acre. A second number “-5,” “-6,” etc. indicates the minimum lot area and dimensions and the property development standards that apply. Supporting recreational, religious, educational and community facilities also are allowed.

B. Land Use Regulations. In the following schedule, the letter “P” designates use classifications permitted in the R-3 District, and the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” includes certain limitations on allowable uses and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.

1. Use Permit for Recreation Rooms. Any recreation room in an apartment zone shall require a Use Permit. If the recreation room is not directly adjacent to a swimming pool, any bathroom facilities shall be limited to a half bath.

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

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R-3 DISTRICT LAND USE REGULATIONS

Additional Regulations

Residential Uses

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R-3 DISTRICT LAND USE REGULATIONS

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

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

R-3 DISTRICT: MINIMUM LOT DIMENSIONS

Lots of record that do not meet these standards as of July 1, 1985, may be joined with adjacent lots and subdivided into parcels less than standard, if the Planning Commission first finds that the subdivision results in closer adherence to the standards of this section by leaving the lots as separate parcels.

Lots may be subdivided to less than 5,000 square feet but not less than 3,500 square feet only where development is limited to one single-family residence and the creation of the substandard lot does not conflict with adopted Area Plan policies and programs. All such subdivisions are subject to discretionary review by the Planning Commission. Ord 3276, §1, 1999

D. Property Development Standards. Property development standards that apply to new construction, alterations and additions in the R-3 District are shown below.

R-3 DISTRICT: PROPERTY DEVELOPMENT STANDARDS

1. Minimum Yards:

a. Front (ft.) 20 b. Side (ft.) 5(a)(g)(i) c. Corner Side (ft.) -(b) d. Rear (ft.) 15(h)(m)

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R-3 DISTRICT: PROPERTY DEVELOPMENT STANDARDS

2. Yards Adjoining an R-1 District. The side yard shall be at least five feet for single story units, 10 feet for two story units, and 14 feet for units above two stories. The rear yard shall be 30 feet for units above two stories.

3. Maximum Lot Coverage (%) 40(c)

4. Maximum Floor Area Ratio 0.35% (d)(e)(f)(j)(k)(l)

5. Maximum Height (stories/ft.) (Ord 3326; 06/2003) :

a. Dwelling Two Stories and 25 feet.

b. b. Accessory Structures One story and 12 feet.

a Shall be increased at the rate of two feet per story for each story over two contained in a multi- family dwelling. A multi-family dwelling, whose rear entry opens into a side yard shall be a seven-foot minimum and the side yard which the dwelling fronts on shall be a minimum of 15 feet.

b 20 percent of lot width; 10-foot minimum, 15-foot maximum. On corner lots, attached or detached garages opening onto the side street shall be at least 30 feet from the side property line.

c 35%, except that lots greater than 5,000 square feet are allowed an additional 1% per 1,000 square feet of additional lot coverage, up to a maximum of 40%. Uncovered decks and stairways shall not be counted in lot coverage.

d The gross floor area of the building(s) on a lot divided by the area of the lot, excluding all parking, decks, uncovered patios, and landscaped area.

e No more than 50% of the dwelling units on any parcel may consist of apartments less than or equal to 500 square feet in area. Except for mixed use and senior citizen apartment developments, at least one third of any apartment development of three or more units shall consist of two or more bedrooms.

f The permitted floor area of one single-family dwelling on a lot, measured to exterior dimensions, may be increased to a maximum of 40% of total lot area; provided, that all provisions of the R-1 zone concerning floor area ratio, setbacks and lot coverage are met. For parcels under 3,600 square feet, the permitted floor area shall not exceed 35%.

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

h For single-family residences on less than 100 feet in depth, the minimum setback shall be 20 percent of lot depth, but no less than 10 feet.

i For single-family residences, the sum of the side yard widths on any lot need not exceed 30 percent of the width of the lot, but in no case shall the width of any side yard be less than 10 percent of the width of the lot, but no less than four feet.

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j For purposes of this section, floor area excludes the garage, up to a normal 500 square foot two car area or carport, decks, uncovered patio, and landscaping areas.

k Repealed by Ord. 3560.

l Repealed by Ord. 3560 .

m 20 feet for two-story multifamily structures. Single-family two-story structures shall conform to the R-1 zone setbacks including reduced setback permitted on parcels less than 100 feet in depth.

6. Off-Street Parking.

   • a. Number of Off-Street Parking Spaces Required.

1). Single-Family Dwelling: 2, including 1 covered (both behind front yard setback) 2). Guest House: 1(behind front yard setback) 3) Rental Multifamily Dwelling: Studios: 1.2, including 1 covered One Bedroom Units: 1.5, including 1 covered Two Bedroom Units: 2, including 1 covered Three or more Bedroom Units: 2.5, including 1 covered Building with 25 units or more 2 per unit 4) Condominium Multifamily Dwelling: Studio, One-Bedroom or Two-Bedroom 2, including 1 covered Units: Three Bedroom Units: 3, including 1 covered.

• 5. Elderly housing 0.5 per unit
  • b. Location of Garage Door. On corner lots, a garage opening facing a street side property line shall be set back 20 feet.

c. Driveways. Driveways shall not occupy more than 40% of the street frontage of any lot abutting a public street. On a corner lot, combined coverage shall not exceed 25% of total street frontage abutting said public street.

7. Open Space.

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a. Basic Requirement. Total usable open space on a site having three or more dwelling units shall be at least 350 square feet per dwelling unit. A portion or all of the usable open space shall be private; otherwise it shall be shared.

b. Private Open Space. Private open space equal to or greater than 10 percent of the gross floor area of a dwelling unit shall be on patios or balconies immediately adjacent and accessible within which a horizontal rectangle has no dimension less than five feet.

c. Shared Open Space. Shared open space, provided by interior side yards, patios and terraces, shall be designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways or parking areas. Shared open space does not include land within the front yard setback, when landscaping or other physical barriers preclude use of this area for active recreational space. One-third of the required open space must be exclusive of any setbacks required.

d. Permeable Open Space. A significant portion of the site shall be developed with a permeable surface to allow groundwater to recharge wherever possible, with the amount and type to be approved by the Planning Commission. (Ord. 3715 § 16, 2025)

==> picture [378 x 216] intentionally omitted <==

USABLE OPEN SPACE

(The diagram is illustrative.)

8. Planting Areas.

a. Yards Adjoining Streets. All visible portions of a required yard adjoining a street that are not used for driveways or walks shall be planting area.

b. Adjoining an R-1 District. A continuous planting area having a minimum width of five feet shall adjoin an R-1 District

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

==> picture [379 x 158] intentionally omitted <==

FENCES AND WALLS

(The diagram is illustrative)

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

11. Storage Area. Each unit shall be provided a separate storage area consisting of at least 100 cubic feet

• and having a minimum horizontal surface of 25 square feet.

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

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

14. Non-conforming structures. See Article 28.

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

16. Variations to Setback Standards. Setbacks shall be as set forth in the Zoning Ordinance; however, the Planning Commission may minimally vary any setback to achieve an improved relationship between the new construction and structures on adjacent lots and those in the immediate neighborhood. No variation to the standards shall be approved until notice is given to all adjoining property owners and the property owners

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across the street. If a variation is granted, it supersedes the need for a variance. Variations that do not conform with these standards shall be reviewed in accordance with the provisions of Section 38-156 et seq.

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

  - a. Adopted Neighborhood Compatibility Design Guidelines: 

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

• c. Adopted View Impact policies;

  - d. Adopted Tree Protection Standards. (Ord. 3715 §§ 17, 18, 20 -- 22, 2025; Ord. 3560 § 7, 2017; Ord. 3414, 2008; Ord. 3256 § 4, 1999) 
  

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

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

2. The permitted floor area, measured to exterior dimensions of all dwellings on a parcel of land, shall not exceed 35% of the total lot area for lots under 3,600 square feet, and 40% for lots greater than or equal to 3,600 square feet. For purposes of this section, floor area includes all space within the exterior dimensions of the structure.

• F. Review of Plans.

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

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

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

3. The building site exceeds 15 percent slope; or

4. The proposed design fails to comply with neighborhood design guidelines or Planning Commission standards. (Ord. 3715 § 16, 2025; Ord. 3424 §§ 1, 14, 2009)

This section establishes regulations for:

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• Accessory structures

• Front yards in developed areas

• Religious assembly yard requirements

• Exterior materials

• Fences and retaining walls

• Swimming pools and hot tubs

• Home occupations

• Manufactured homes

• Low and moderate income housing

• Large-family day care homes

• Animals

• Vehicle parking

• Residential condominium development standards

• Condominium Conversions

• Short-term Residential Rentals

• Maintaining mail address

• Special setbacks on Tract Maps

A. Accessory Structures. Accessory structures shall not occupy a required front or corner side yard. Detached accessory structures shall be located at least ten feet from a main structure and shall be set back at least five feet from interior side and rear property lines. The minimum distance between accessory structures shall be six feet. Attached accessory structures shall comply with all setback requirements of the main building, with the exception of attached garages, which may project into the required rear yard to within five feet of the rear property line. Garages facing an alley shall be set back 15 feet from the alley’s center line. When located in the rear yard of a reverse corner lot, an accessory structure shall not be located forward of the front setback line of the adjacent lot. Accessory structures more than four feet in height shall not exceed 30% of the required rear yard. Any occupied accessory structure shall comply in all respects with the requirements of this chapter to the main structure. Construction trailers may be placed on site at the time site clearance and grading begins and may remain on the site only for the duration of construction. Construction trailers shall not be occupied unless approved by the Planning Commission.

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B. Front Yards in Developed Areas. Where lots comprising 50 percent of the frontage on a blockface in an R district are improved with buildings, the required front yard shall be the average of the front yard depths for structures other than garages or carports on each developed site in the same district on the blockface. In computing the average, the actual depth shall be used up to a maximum depth 10 feet greater than the normally required front yard for any site having a yard depth exceeding the minimum requirement.

C. Religious Assembly Yard Requirements. Yard requirements shall be as specified by a use permit, provided that the minimum interior side yard shall be 15 feet, and the minimum rear yard shall be 25 feet. Yards adjoining street property lines shall not be less than required for a permitted use.

D. Exterior Materials. In all R districts, the exterior walls of all structures, other than accessory structures, shall have a nonmetallic finish.

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

==> picture [260 x 185] intentionally omitted <==

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==> picture [292 x 252] intentionally omitted <==

• F. Swimming Pools and Hot Tubs. No swimming pool or hot tub shall be allowed in any “R” zone, except as an accessory use and unless it complies with the following requirements:

  1. The swimming pool or hot tub is intended to be used solely for the enjoyment of the occupants and guests of the principal use of the property.

  2. No swimming pool shall be placed in any required front yard or closer than ten feet from any property line; no hot tub shall be placed in any required front yard or closer than five feet from any property line.

  3. Any yard containing a swimming pool or hot tub shall be screened by non-climbable masonry wall or fence not less than five feet in height to prevent uncontrolled access by children from the street or adjacent properties.

• G. Repealed by Ord. 3620.

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H. Manufactured Homes. It is the intent of the City to provide opportunities for the placement of manufactured homes in R districts, consistent with state law, and to ensure that such manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.

1. General Requirements. Manufactured homes may be used for residential purposes if such manufactured homes have been granted a Certificate of Compatibility. Manufactured homes also may be used for temporary uses, subject to the requirements of a temporary use permit.

2. Requirements for Certificates of Compatibility. A manufactured home may be located in any R district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development regulations, provided that such manufactured home receives a Certificate of Compatibility. The Community Development Director shall issue this certificate if the manufactured home meets the design and location criteria of this section.

be located in any R district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development regulations, provided that such manufactured home receives a Certificate of Compatibility. The Community Development Director shall issue this certificate if the manufactured home meets the design and location criteria of this section.

The certificate shall be valid for two years and may be renewed for subsequent periods of two years if the location and design criteria of this section are met. More specifically, the location and design of manufactured homes shall comply with the following criteria in order to protect neighborhood integrity, provide for harmonious relationship between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on residential lots. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

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

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

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

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

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

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

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

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

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

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

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

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

5. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of the home with the State of California shall be cancelled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured home, the owner shall provide to the Chief of Inspection Services/Building Official satisfactory evidence showing that the state registration of the manufactured home has been or will, with certainty, be cancelled. If the

f the home with the State of California shall be cancelled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured home, the owner shall provide to the Chief of Inspection Services/Building Official satisfactory evidence showing that the state registration of the manufactured home has been or will, with certainty, be cancelled. If the

manufactured home is new and has never been registered with the state, the owner shall provide the Chief of Inspection Services/Building Official with a statement to that effect from the dealer selling the home.

• I. Repealed.

J. Large-Family Day Care Homes. The following supplemental regulations shall apply to the operation of largefamily day care homes.

1. Purpose. The intent of these regulations is to prescribe reasonable standards for large-family day care homes in the City of Monterey.

2. Use Permit Required. A use permit, issued by the Planning Commission, shall be required to operate a large-family day care home. The permit shall expire three years after the date of issuance or if the care giver’s State license to operate a family day care home expires or is revoked. The procedure for renewal is the same as that for the initial application.

3. Findings Required. The Planning Commission shall issue a use permit for a Large-Family Day Care Home after a duly noticed public hearing only when all of the following findings can be made, in addition to the findings required by Article 21.

   • a. The proposal adheres to all State of California Department of Social Services requirements for largefamily day care centers;

   • b. The City Fire Department and City Building Safety & Inspections Division approve use of the residential structure as a large-family day care home; and

   • c. The primary use of the structure will continue to be a residence.

4. Standards. All large-family day care homes shall comply with all applicable state requirements for family day care homes, in addition, and with the following standards.

   • a. Minimum Lot Area. 10,000 square feet.

   • b. Outdoor Play Areas. Adequate outdoor play areas shall be provided at all large-family day care homes.

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• (1) All outdoor play areas shall be enclosed by a natural barrier, wall, fence, or other solid structure at least six feet in height.

(2) All outdoor play areas shall be adequately separated from driveways, streets, and parking areas.

• c. Parking and Traffic. Adequate parking shall be provided for employees of the large-family day care home and for pick up and drop off of children at the home.

(1) In addition to the off-street parking spaces required for the residence, one additional off-street parking space shall be provided for each employee on a site specific basis as required by the use permit.

(2) Adequate space shall be available for the safe pick up and delivery of children to the day care home. This space shall be off-street, and can be in the driveway or off-street parking area, as prescribed on a site specific basis by the use permit.

(3) No large-family day care facility shall generate excessive traffic on local residential streets.

• K. Animals. Animals may be kept as accessory uses, subject to the following standards:

  1. Aviary for not to exceed 25 birds, subject to standards of this chapter related to accessory buildings.

2. Raising four or less chickens, rabbits, or other similar fowl or small animals is permitted as an accessory use. A Use Permit shall be required for raising five not to exceed a total of ten small animals, and such fowl or animals shall be kept at least 40 feet from a dwelling on the property, 100 feet from other places used for human habitation, public parks or schools, and 100 feet from the property line.

3. The keeping of animals ordinarily referred to as household pets, but not including a sufficient number to constitute a kennel, as defined in this chapter, unless a Pet Permit is first obtained in accordance with the following provisions:

a. Any person residing in any residential zone may apply for permission to possess four or more dogs and/or cats upon their premises. A Pet Permit may be issued by the Community Development Director after a Notice of Public Hearing is provided for in this chapter, and only if all of the following findings can be made:

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

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

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

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

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

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

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

• L. Vehicle Parking.

1. Commercial Vehicle Parking. Not more than one commercial vehicle, as defined in the State Vehicle Code, may be parked on or adjoining any one lot. A commercial vehicle over 22 feet in length and/or over 7-1/2 feet in height and/or having a bed width of 7 feet or greater, shall be kept behind the required setback line. No commercial vehicle with a gross vehicle weight of 20,000 pounds or greater shall be parked or stored on or adjoining any one lot.

2. Inoperable motor vehicles or motor vehicles without current and valid registration, parked or stored on private residential property, shall be located inside a garage, carport, or other enclosed structure. Such a motor vehicle may be parked or stored outside an enclosed structure only behind the front yard setback and shall be screened from the street.

3. Recreational Vehicle/Trailer Parking. No recreational vehicle or trailer parked on private property shall be used for habitation including sleeping, living, cooking, or dining.

M. Residential Condominium and Condominium Conversion Development Standards. The following supplemental regulations shall apply to the conversion of existing rental housing to condominiums and the construction of new condominiums:

1. Purpose. The intent of these regulations is to:

   • a. Prescribe reasonable standards for new condominiums in the City of Monterey.

   • b. Ensure a reasonable mix of affordable housing units within the City.

   • c. Encourage ownership housing in conformity with the Housing Element of the General Plan.

d. Ensure that existing multiple family units being converted into condominiums, planned unit developments, community apartments, cooperative apartments, stock cooperatives, or into any other form of individual ownership of what had previously been multiple family rental units meet the standards required by the Monterey Zoning Ordinance, Subdivision Ordinance, and building codes, as provided below.

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• e. Encourage full disclosure of all information affecting condition of property.

• f. Ensure maximum ownership opportunities for existing tenants.

• g. Encourage fair and equitable treatment for tenants displaced as a result of such conversions.

• h. Provide assistance for elderly and special needs households that have occupied a unit for a long period of time in the event of a conversion.

2. Permits Required. A Use Permit and Subdivision Map approval shall be required for all condominium and condominium conversion projects.

3. Land Use and Development Standards. Condominium projects and new construction associated with condominium conversion projects shall be subject to development standards of the underlying zoning district unless otherwise specified below.

a. Safety Lighting. Safety Lighting shall be provided on private vehicle access ways, bikeways, pedestrian walkway facilities, and along abutting public streets as required by the City. Mounting height, power and spacing shall be sufficient to avoid dark pockets. Lights shall utilize “vandal proof” enclosures and shall be screened to protect dwelling units from glare. The design, location, and height of all safety lighting on private property shall be subject to design review and approval by the Planning Commission. Street lighting on public streets shall be subject to final approval of the Public Works Department. (Ord. 3715 § 16, 2025; Ord. 3653 § 19, 2022)

b. Boat, Trailer, Recreational Vehicle Storage. Boat, trailer or recreational vehicle storage shall not be allowed on site unless a separate, screened storage area is provided. This storage area shall not occupy a required parking space or required Open Space.

• c. Utilities.

(1) Unless an exception is granted per Section 33-2.00(K) of the Subdivision Ordinance, each utility that is controlled by and consumed within the individual unit shall be separately metered in such a way that the unit owner can be separately billed for its use. A shutoff valve for each utility shall be provided for each unit.

(2) All utilities, including cable television, shall be placed underground both on-site and off-site. Individual television and radio antennas shall be prohibited.

d. Parking. Condominium and condominium conversion projects shall comply with parking standards set forth in Section 38-115 (Off-Street Parking and Loading Spaces Required). A portion of the required parking, as determined by the Planning Commission on a case-by-case basis, shall be set aside for visitor parking and shall be uniformly distributed throughout the development.

e. Open space, landscaping and laundry facilities shall be required per Section 38-25(D)(7) through (10). A reduced amount of open space may be allowed for condominium conversion projects if the total existing square footage of open space is less than the zoning standards and the conversion project does

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

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not result in a net loss. Open space may be transferred from Shared Open Space to Private Open Space as defined in the Zoning Ordinance. Existing Private Open Space in any Unit shall not be reduced. Any new units constructed on the site shall meet the open space standards of the underlying zone. Bicycle storage and recreation or common rooms may be counted as open space.

f. Private Storage. Each unit within the project shall have at least 300 cubic feet of enclosed, weatherproofed, and lockable storage space at a single location. Such space shall be for the sole use of the unit owner and shall have a minimum horizontal surface area of 25 square feet and all interior dimensions shall be a minimum of four feet. Such storage space may be provided in any location approved by the Planning Commission, but it is the intent of this standard to require space over and above that normally associated with the unit, such as clothes, linen, or guest closets or food pantries.

g. Bicycle Parking. Secure bicycle parking or bicycle lockers are encouraged and may count towards meeting Open Space requirements.

• h. Tot Lots. Tot lots are encouraged in projects with units with two or more bedrooms unless the project is limited to senior housing. (Ord. 3436 § 2, 2009)

N. Standards for Condominium Conversions. The following regulations shall apply to the conversion of existing rental housing to condominiums:

1. Purpose. The purpose of these condominium conversion provisions include, but are not limited to:

   • a. To ensure a reasonable mix of affordable housing units within the City.

   • b. To encourage ownership housing in conformity with the Housing Element of the General Plan.

   • c. To ensure that existing multiple family units being converted into condominiums, planned developments, community apartments, cooperative apartments, stock cooperatives, or into any other form of individual ownership of what had previously been multiple family rental units meet the standards required by this resolution, the Zoning Ordinance, the Subdivision Ordinance, and building codes adopted by the City.

d. To protect actual and prospective owners of such units against the unknowing purchase of units violating City codes and standards.

• e. To ensure maximum ownership opportunities for existing tenants.

• f. To ensure fair and equitable treatment for tenants displaced as a result of such conversions.

• g. To provide assistance for elderly households that have occupied a unit for a long period of time in the event of a conversion.

2. Land Use Requirements.

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

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a. Permits required. A use permit and subdivision map shall be required for approval of a condominium conversion. A vacancy determination conforming to the Housing Element shall be required prior to approval of a condominium conversion.

b. Density. No additional units shall be added of the project exceeds the density allowed by the underlying zone.

c. Site Development Standards. Any new construction shall comply with the coverage, floor area ratio, height, yard, setback, and other development standards of the underlying zone. Existing physical improvements which do not meet the site development standards of the underlying zone may be retained.

d. Parking. Condominium conversion projects shall comply with R-3 zone parking standards. A portion of the required parking, as approved by the City, shall be set aside for visitor parking and shall be uniformly distributed throughout the development.

e. Open Space. The total square footage of open space shall not be reduced if it is less than R-3 zone standards. Open space may be transferred from Shared Open Space to Private Open Space as defined in the Zoning Ordinance. Existing Private Open Space in any Unit shall not be reduced. Any new units constructed on the site shall meet the open space standards of the underlying zone. Bicycle storage and recreation or common rooms may be counted as open space.

f. Landscaping. A landscaping plan shall be submitted for approval by the Planning Commission. All landscaping shall be installed and shall be inspected by Community Development Department staff before occupancy of the dwelling units. (Ord. 3715 § 19, 2025)

g. Private Storage. Each unit within the project shall have at least 300 cubic feet of enclosed, weatherproofed, and lockable storage space at a single location. Such space shall be for the sole use of the unit owner and shall have a minimum horizontal surface area of 25 square feet and a minimum interior dimension of four feet. Such storage space may be provided in any location approved by the Planning Commission, but it is the intent of this standard to require space over and above that normally associated with the unit, such as clothes, linen, or guest closets or food pantries.

• h. Laundry Facilities. Each project shall provide adequate laundry facilities by:

  • (1) constructing a laundry room with the equivalent of one standard washing machine for each five dwelling units and an equivalent capacity in automatic clothes dryers; or

(2) provide properly designed and plumbed areas within each dwelling unit for washer and dryer installation.

i. Boat, Trailer, Recreational Vehicle Storage. Boat, trailer or recreational vehicle storage shall not be allowed on site unless a separate, screened parking area is provided. This parking area shall not qualify as required parking or Open Space.

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

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j. Recreation Rooms. Recreation Rooms or common rooms are encouraged. A recreation or common room may be used to meet Open Space requirements.

  - k. _Bicycle Parking._ Secure bicycle parking or bicycle lockers are encouraged. Bicycle parking may be used to meet Open Space requirements. 

  - l. _Tot Lots._ Tot lots are encouraged in projects with family housing units. Units with two or more bedrooms are considered family units unless the project is limited to senior housing. 

3. Annual Review of Conversions. The Planning Commission shall annually review conversions made after July, 1994 for owner/renter occupancy, parking problems, neighborhood comments or complaints, and status of inclusionary housing units.

• O. Short-term Residential Rentals. Short-term residential rentals shall be regulated in all residential districts, including residential developments in “PC” (Planned Community) Districts, as follows:

  1. Future Rentals Prohibited. Short-term residential rentals are prohibited in all residential districts if established after August 6, 1991, or if not qualified for limited grandfathering pursuant to subparagraph 2 below.

  2. Prior Rentals; Limited Grandfathering. Short-term residential rentals existing prior to August 6, 1991, may continue in operation, subject to the following regulations:

     • a. All owners of short-term residential rental facilities must register with the City of Monterey’s Finance Department with verifying documentation of previous existence within 60 days of the effective date of this section. Failure to register in a timely fashion shall render such use unqualified, as set forth in subparagraph 1 above.

b. All owners shall pay transient occupancy taxes from and after the effective date of this section and in accordance with Monterey City Code §§ 35-10 et seq. until termination of use as a short-term residential rental.

c. All owners shall agree to terminate use of the premises as a short-term residential rental on or before the expiration of five (5) years from the effective date of this section or upon transfer of the title to the premises to a new owner, whichever shall occur first.

d. Any short-term residential rental operated in violation of this chapter or that is determined to constitute a nuisance shall forfeit its right to continue operation as a short-term residential rental. The procedures set forth in Monterey City Code § 38-221 shall apply in the event the City believes a breach of this chapter has occurred or a nuisance situation is believed to exist.

P. Maintaining Mail Address. Maintaining mail address for business license purposes only is permitted as an accessory use in residential zones, provided no stock in trade, supplies, professional equipment, apparatus, or business equipment are kept on the premises, except as earlier in subsection L and provided that no employees are engaged for services on the premises.

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

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Q. Special Setbacks. Special setbacks shown on an approved Tract Map shall supersede the normal requirement given in this ordinance.

R. Guest Houses. A Condition of Approval for a Use Permit for a guest house shall be a no rent condition that is recorded with the County of Monterey and an annual declaration shall be made by the property owner that the guest house is not being rented. (Ord. 3560 § 8, 2017; Ord. 3554 § 12, 2016; Ord. 3424 § 1, 2009; Ord. 3246 § 1, 1999)