Article 13

D DESIGN AND DEVELOPMENT CONTROL OVERLAY DISTRICT

Sections:

• § 38-65. Specific Purposes.

• § 38-66. Applicability and Zoning Map Designator.

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

• § 38-68. Review of Plans.

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

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

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

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

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D3 -- Historic Development Control overlay district will require Planning Commission approval of all new construction, exterior alteration, or addition on a site which could affect a designated historic building or site. Conditions of approval may impose requirements that are more restrictive than those prescribed by applicable base district regulations if the Planning Commission finds these requirements are necessary to preserve the setting or to create a harmonious relationship with adjoining or nearby historic resources. (Ord. 3715 § 24, 2025)

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

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

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

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

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

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

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

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

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

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

  1. Initial Review. The Planning Commission shall review the concept plan required by Article 25. In the D3 district, the Historic Preservation Commission shall make advisory recommendation to the Planning Commission. The Planning Commission shall approve, approve with modifications, or deny the concept plan within 45 days of receipt of a completed application, unless an extension of time is acceptable to the applicant. Any requirements imposed pursuant to Section 38-67(B) must be supported by the required findings. The Planning Commission’s decision shall be final, unless appealed to the City Council in accord with Article 27. The Planning Commission, on its own motion, may refer its decision to the City Council for further consideration. The City Council shall act on a referral from the Planning Commission within 45 days or the Planning Commission’s decision is deemed affirmed. (Ord. 3715 § 25, 2025)

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

• C. Appeals. The applicant may appeal decisions of the Development Review Committee or Planning Commission in accord with Article 27. (Ord. 3715 § 26, 2025)