Article 15 — Monterey Zoning Code

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. 38-72. Specific Purposes. ¶

The purpose of historic zoning is to implement the Urban Design Overview, Historic Preservation Element and Economic Element of the General Plan; to implement historic preservation provisions of adopted neighborhood plans; to promote the preservation, rehabilitation, restoration, reconstruction, and protection of historic

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resources; to enhance and preserve the setting of historic resources so that surrounding land uses, including design and color, do not detract from the historic resources; to encourage and promote public knowledge, understanding, and appreciation of the city’s history; to promote appreciation and use of historic resources; to encourage preservation of resources, which may potentially be considered eligible for Historic Zoning; to promote public awareness of the benefits of preservation; and to encourage public participation in identifying and preserving historical resources, thereby increasing community pride in the city’s cultural heritage.

Sec. 38-73. Definitions. ¶

The following definitions shall apply to this Article 15 in addition to the definitions contained elsewhere in the Zoning Ordinance. Defined terms in this Article are capitalized in the text.

A. Adopted Survey List. A list of properties with potential to meet the Criteria for Historic Zoning identified in an Intensive Survey.

B. Alteration. For the purpose of this Article 15 of the Zoning Ordinance, “Alteration” means any change, repair, replacement, modification, or new construction to: (1) the exterior of an historic resource, (2) the exterior and interior structural elements which support the exterior walls, roof, or exterior elements of the historic resource, (3) other construction on a lot, or (4) the significant interior Character Defining Features of the historic resource, unless the interior is exempt from Historic Permit review by the Historic Preservation Commission. “Alteration” does not include ordinary landscape maintenance unless the landscaping is identified as significant at the time a property receives historic zoning, or in an adopted Historic Preservation Report.

C. California Register. California Register of Historical Resources defined in California PRC 5024.1 and in CCR Title 14 Chap 11.5, Sec 4850 et seq. as it may be amended.

D. Character Defining Features. As outlined in National Register Bulletin 15 and Preservation Brief 17: How to Identify Character Defining Features, the architectural character and general composition of a resource, including, but not limited to, type and texture of building material; type, design, and character of all windows, doors, stairs, porches, railings, molding and other appurtenant elements; and fenestration, ornamental detailing, elements of craftsmanship, finishes, etc.

E. Contributing Resource. A Contributing Resource is an historic resource which contributes to the historic character of an H-D Historic District, as described in National Register Bulletin 15.

F. Criteria. Criteria are the general standards by which the significance of a historic property is judged for inclusion in the National and/or California Register and eligible for Historic Zoning, including the quality of significance present in resources that possess integrity and: 1) are associated with events that have made a significant contribution to the broad patterns of our history, 2) are associated with the lives of significant persons in or past, 3) embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction, or 4) have yielded or may be likely to yield, information important in history or prehistory. These are criteria used by the National Register and California Register, and the

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National Register and California Register standards for those criteria are included in this Article by reference. See also definitions for National Register and California Register.

G. DPR 523 Survey. Department of Parks and Recreation DPR 523 series survey forms, available from the State Office of Historic Preservation, including (1) Primary Record, (2) Building, Structure, and Object Record, and (3) Any additional survey form appropriate for documentation of the subject historic resource.

H. Historic Overlay Zoning or Historic Zoning. Properties designated with the H-1 Landmark, H-2 City Historic Resource, or H-D Historic District zoning.

I. Historic Preservation Report. A vehicle for preservation, rehabilitation, restoration, or reconstruction of an historic resource. The Report is based on the Secretary of the Interior’s Standards for Treatment of Historic Properties which has standards and guidelines for recommended treatments for preserving historic resources. The Secretary’s standards recommend four potential treatments. These are Preservation, Rehabilitation, Restoration, and Reconstruction. An Historic Preservation Report is adopted by the Historic Preservation Commission and shall remain in effect for a period of three years from date of adoption. The Historic Preservation Commission may extend or re-adopt an approved program for periods of three years or less.

J. Historic Resource. A building, structure, object, site or district as defined in National Register Bulletin 15.

K. Integrity. Aspects of Integrity (location, design, setting, materials, workmanship, feeling, and association) described in National Register Bulletin 15.

L. Intensive Survey. An historic survey identifying whether a property meets the Criteria for Historic Zoning. An Intensive Survey also identifies resources subject to Section 38-74 of this ordinance. An Intensive Survey consists of a completed DPR 523 series survey forms, including (1) Primary Record, (2) Building, Structure, Object Record, and (3) Any additional survey form appropriate for documentation of the subject historic resource.

M. Minor Repairs. Alteration which is determined by the Community Development Director to be consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties, and does not have an adverse impact on the Integrity of the historic resource. Examples of a minor repair would be repair of a deteriorated or damaged part of an historic resource with the minimum loss of historic materials, i.e., repair of damage to a window, portions of a porch railing, or replacement of deteriorated deck boards. Removal of historic materials where those materials are not damaged or deteriorated shall not be considered a minor repair. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

N. National Register. National Register of Historic Places (36 CFR Part 60).

O. National Register Bulletin 15. National Register Bulletin 15, How to Apply the National Register Criteria for Evaluation, National Park Service, 1991, as it may be amended. See also the definition for Criteria.

P. Non-Contributing Resource. A Non-Contributing Resource is a resource located within the boundaries of an H- D Historic District which does not contribute to the district as defined in National Register Bulletin 15.

Q. Qualified Professional. An individual meeting the Secretary of the Interior’s Professional Qualifications Standards (36 CFR Part 61 Appendix A) in history, architectural history, and historic architecture or an individual

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determined by the Community Development Director to have the qualifications generally equivalent to the above standards based on demonstrated experience in history, architectural history, and historic architecture. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

R. Reconnaissance Survey. A preliminary historic survey of a defined geographic area. A Reconnaissance Survey identifies resources to be surveyed with an Intensive Survey. A Reconnaissance Survey also identifies resources subject to Section 38-74 of this ordinance. A Reconnaissance Survey will generally include DPR 523 Primary Record survey form or equivalent information.

S. Reconnaissance Survey List. A list of properties with Reconnaissance Surveys that identify resources to be surveyed with an Intensive Survey.

T. Secretary of the Interior’s Standards for Treatment of Historic Properties. The Secretary of the Interior’s Standards for Treatment of Historic Properties (36 CFR Part 67), with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (Weeks and Grimmer, National Parks Service 1995), as they may be amended. (Ord. 3424 § 1, 2009)

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.

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.

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.

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(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.

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:

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

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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.

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

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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.

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)

Sec. 38-75. H-1 Landmark Overlay Zoning. ¶

A. Description. H-1 zoning is intended to identify and protect the most important historic resources in the City, generally including properties with statewide, national, or international historic significance where that significance would be recognized outside of the City, and the City is steward of those resources are preserved for its citizens and a larger public. The City recognizes its responsibility for preserving these resources for a national and international public, and the H-1 zone may be established without owner consent in order to fulfill that responsibility. The H-1 zone includes a strong series of incentives to support and encourage preservation of the historic resources.

B. Applicability and Zoning Map Designator. Historic zoning may be combined with any zoning district. Each H-1 zone shall be shown by adding an “H-1” to the base district designation.

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C. Criteria for Adoption. H-1 Landmark zoning may be applied only to properties which meet National Register of Historic Places criteria defined in National Register Bulletin 15, and the property is the first, last, only, rare, or most significant resource of its type in the region. Notwithstanding the foregoing, the H-1 Landmark zoning district may be applied to adobe resources built prior to 1879 and other “H” zoned resources as of March 7, 2000, which may not meet National Register integrity standards. The National Register Criteria are generally described as historic event, person, design or information potential, and are fully defined in National Register Bulletin 15.

D. Procedure for Adoption of H-1 Landmark Zoning. Establishment of H-1 Landmark zoning shall follow the procedures established by Article 26, which establishes the process for rezoning, with the additional provisions that

In addition to the provisions which allow the City Council, Planning Commission, Community Development Director, or property owner to initiate Zoning Map amendments, H-1 Landmark zoning may be initiated by the Historic Preservation Commission. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
In addition to the information required to support a rezoning pursuant to this chapter, eligibility for historic zoning shall be predicated on an Intensive Survey prepared or updated by or under supervision of a Qualified Professional within the last five years.
In addition to the regular public hearing process for rezoning, the Historic Preservation Commission shall initially hold noticed public hearings and make recommendation to the Planning Commission.

E. Historic Zoning on a Portion of a Lot. H-1 zoning may be applied to an eligible historic resource on less than the entire lot where the historic resources occupy a small portion of the lot and Historic Zoning and review on the balance of the lot would not be appropriate. Documentation of the boundaries so zoned shall be included. The intent of this provision is that the entire historic resource and an appropriate setting be zoned. This is not intended to permit Historic Zoning of only facades or component parts of a resource.

F. Rescission of Historic Zoning. It is not the general intention of the City to remove historic designation from a property; however, the City Council may rezone a property to remove Historic Zoning following the process for adoption, set forth in this Section, if the historic resource no longer meets the Criteria for designation.

G. Land Use Regulations.
1. Historic Provisions Supersede Underlying Zoning Provisions. The provisions of this Zoning Ordinance Article 15 shall supersede the provisions of the underlying zone, where conflicts arise.
2. Historic Permit Required for Alteration or Demolition. An Historic Permit shall be required for any Alteration or demolition within H-1 Landmark zone.
  - a. Historic Permit for Alteration.

(1) Application shall be made on forms provided by the Community Development Department. Additional information may be requested as required. (Ord. 3653 § 19, 2022)

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(2) For minor repairs, as defined, the application may be approved by the Community Development Director upon making the findings that that the proposed work is consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties. If this finding cannot be made, the Community Development Director cannot treat the application as a minor repair and must refer the matter to the Historic Preservation Commission for a Historic Preservation Report and a hearing, as set forth below. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

(3) For all other applications for Alteration, a Historic Preservation Report is required, as defined in this Section. The Historic Preservation Commission shall review said application and Report. A Historic Permit shall be issued only upon a finding that the proposed work is consistent with an adopted Historic Preservation Report and the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

(4) Historic Preservation Report. An Historic Preservation Report shall be adopted by the Historic Preservation Commission and shall remain in effect for a period of three years from date of adoption. The Historic Preservation Commission may extend or re-adopt an approved program for periods of three years or less. It shall be based on the Secretary of the Interior’s Standards for Treatment of Historic Properties and shall include the following:

a. Which of the four Secretary of the Interior’s Standards for Treatment of Historic Properties is being proposed for the resource.
b. A written description of historic events connected with the resource.
- c. The historic context and interpretive period.
- d. An architectural history of the resource which includes:
  - Photographs and drawings which identify the original building, structure, object, and
  - site configuration,
  - Character Defining Features of the resource as originally constructed,
  - Changes and alterations made over time that have achieved stature as Character
  - Defining Features, even though not a part of the original resource, and
  - Changes not consistent with the historic value of the resource.
- e. A program for preservation of the resource, including a statement of how the proposed program meets the Secretary of the Interior’s Standards for Treatment of Historic Properties.
b. Historic Permit for Demolition.

(1) It is the intent of the City of Monterey that historic resources in H-1 zones will not be demolished unless extraordinary circumstances exist.

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(2) Application for demolition shall be made on forms provided by the Community Development Department and shall contain a provision which requires the Applicant to provide whatever detailed information is required to completely review the application. (Ord. 3653 § 19, 2022)

(3) The Historic Preservation Commission shall hold noticed public hearing and recommend action to the City Council on the application for Historic Permit for demolition, and the City Council shall make the final determination to approve or deny the permit.

(4) An Historic Permit and demolition permit for demolition of an H-1 resource shall not be issued by the City Council unless one of the following two findings can be made:

a. The resource is a hazard to public health or safety, and repairs or stabilization are not feasible. Deterioration resulting from the neglect or failure of the owner to maintain the property need not be considered in making this finding. The City Council may require the applicant to provide one or more structural reports to document that repairs or stabilization are not feasible, or

b. Denial of the application will deprive the property owner of the economically viable use of the property, after application of financial, land use and other incentives available to the property.
c. Appeal. Decisions of the Historic Preservation Commission under this Section may be appealed as provided in Article 27 of this Zoning Ordinance.

d. Expiration of a Historic Permit. An Historic Permit shall lapse two years after its date of approval unless a building permit has been issued and substantial construction costs expended. A one year extension may be granted by the Historic Preservation Commission or, if approved as a minor repair, by the Community Development Director. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

e. Relocation as an Alternative to Demolition. Relocating an historic resource is an acceptable alternative to demolition if findings are made that the move is required to prevent destruction of the resource at its former location, that the new location is compatible with the original character and use of the historic resource, and that the resource retains its historic features and compatibility in orientation, setting, and general environment, and that the receiving lot and the former lot are appropriately rezoned.

H. Incentives for H-1 Zoned Properties.
1. City Incentives for H-1 Zoned Properties are as follows:

a. Modification of Zoning Requirements by Use Permit. The underlying zoning requirements for setbacks, parking standards, and/or Floor Area Ratio may be modified by Use Permit, following the procedures set forth in this Section, if the modification of standards contributes to preservation of the historic setting or minimizes or eliminates impacts of Alteration on an historic resource.

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b. Additional Uses Allowed by Use Permit. The following additional uses may be allowed by Use Permit, issued pursuant to Chapter B of this Section:
- (1) R-2 or R-3 uses in the R-1 district,
- (2) C-O uses in the R-3 district,
- (3) C-1 uses in the C-O district,
- (4) Guest Houses on lots less than 8,000 square feet in the R-1 or R-2 districts, and
- (5) Establishment of the historic use (defined as the original resource use or the use for which the resource was designed) if that use is not allowed by the underlying zoning district.

(6) Any use that provides public access to an historically preserved or restored interior. Public access is defined as establishment of a museum for public display of an historic interior or a use in which the interior is generally accessible to the public during normal business hours. Use Permit approval may specify areas which are to remain open to the public and minimum hours for public access. Public access shall include the type of public entry customary for the approved use and shall not include a requirement for extraordinary access such as historic tours unless such extraordinary access is a condition of use permit approval.

c. Related Incentives. Historic zoned properties are eligible for the State Historical Building Code, the Mills Act Property Tax Reduction Program, City grant programs designed to protect and preserve historic resources and other City Programs approved by the City.

Procedure for Issuance of Use Permits for Incentives.

a. To grant a Use Permit under this Section the procedures set forth in Chapter 38 of this Code shall apply. In addition, the application for Use Permit shall first be presented to the Historic Preservation Commission, who shall recommend findings to the Planning Commission to support the use permit.

b. The Planning Commission shall make the Use Permit findings in Section 38-161 and the additional findings that:

(1) impacts of the use, including traffic and parking, would not be detrimental to the surrounding area

(2) additional uses conform to an adopted Historic Preservation Report and are necessary for the preservation of an historic resource or historic interior.

c. Contracts and/or easements between the property owner and the City that would provide for preservation or restoration of exterior or interior features of an historic resource may be required as condition to the Use Permit.

Review of Incentive Programs. The Historic Preservation Commission will monitor the needs of historic properties and may develop additional incentive programs for City Council approval to meet those needs.

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I. Duty to Maintain Historic Zoned Resources. The owner, lessee, or other person legally in possession or control of an H-1 Landmark shall maintain the resource in good repair. Good repair is defined as that level of maintenance and repair of the exterior features, designated interior features, and the interior portion of the structure necessary to prevent deterioration of the exterior which furthers the continued availability and Integrity of the resource and prevents deterioration dilapidation, decay or loss of economic use of the property. (Ord. 3424 § 1, 2009)

Sec. 38-76. H-2 City Historic Resource Overlay Zoning. ¶

A. Description. H-2 zoning is intended to identify and protect historic resources in the City that would be recognized as resources with local historic importance and their historic importance would not generally be recognized outside the immediate area of the Monterey Peninsula, and the City is steward of those resources are preserved for its citizens. The City encourages the preservation of these resources with a strong set of incentives; however, the ultimate decision to rezone and ultimately to preserve them is left to the property owner.

B. Applicability and Zoning Map Designator. Historic zoning may be combined with any zoning district. Each H-2 zone shall be shown by adding an “H-2” to the base district designation.

C. Criteria for Adoption. H-2 City Historic Resource zoning may be applied to properties which meet National Register or California Register Criteria as defined. The Criteria are generally described as historic event, person, design or information potential, and are fully defined in National Register Bulletin 15 and in California PRC 5024.1 and CCR Title 14 Chap 11.5, Sec 4850 et seq. (See Definitions).

D. Procedure for adoption of H-2 Landmark Zoning. Establishment of H-2 Landmark zoning shall follow the procedures established by Article 26 with the additional provisions that:

In addition to the information required to support a rezoning pursuant to this chapter, eligibility for historic zoning shall be predicated on an Intensive Survey prepared or updated by or under supervision of a Qualified Professional within the last five years.
In addition to the regular public hearing process for rezoning, the Historic Preservation Commission shall hold noticed public hearings and make recommendation to the Planning Commission.
H-2 City Historic Resource zoning shall not be initiated without property owner consent, except that properties with “H” overlay zoning as of the date of adoption of this ordinance may be rezoned to H-2 without consent of the property owner if they meet the criteria for H-2 zoning.

E. Historic Zoning on a Portion of a Lot. H-2 zoning may be applied to an eligible historic resource on less than the entire lot where the historic resources occupy a small portion of the lot and Historic Zoning and review on the balance of the lot would not be appropriate. Documentation of the boundaries so zoned shall be included. The intent of this provision is that the entire historic resource and an appropriate setting be zoned. This is not intended to permit Historic Zoning of only facades or component parts of a resource.

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G. Land Use Regulations.

Historic Provisions Supersede Underlying Zoning Provisions. The provisions of this Zoning Ordinance Article 15 shall supersede the provisions of the underlying zone, where conflicts arise.
1. Historic Permit Required for Alteration or Demolition. An Historic Permit shall be required for any Alteration or demolition within H-2 City Historic Resource zone.
  - a. Historic Permit for Alteration.

(1) Application shall be made on forms provided by the Community Development Department. Additional information may be requested as required. (Ord. 3653 § 19, 2022)

(2) For minor repairs, as defined, the application may be approved by the Community Development Director upon making the findings that that the proposed work is consistent with the Secretary of the Interior’s Standards for Treatment of Historic Properties. If this finding cannot be made, the Community Development Director must refer the matter to the Historic Preservation Commission. If this finding cannot be made, the Community Development Director cannot treat the application as a minor repair and must refer the matter to the Historic Preservation Commission for a Historic Preservation Report and a hearing, as set forth below. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

(3) For all other applications for Alteration, a Historic Preservation Report is required. The Historic Preservation Commission shall review said application and Report. A Historic Permit shall be issued only upon a finding that the proposed work is consistent with an adopted Historic Preservation Report and the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

a. Which of the four Secretary of the Interior’s Standards for Treatment of Historic Properties is being proposed for the resource.
b. A written description of historic events connected with the resource.
c. The historic context and interpretive period.
d. An architectural history of the resource which includes:

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  - Photographs and drawings which identify the original building, structure, object, and 

  - site configuration, 

  - Character Defining Features of the resource as originally constructed, 

  - Changes and alterations made over time that have achieved stature as Character 

  - Defining Features, even though not a part of the original resource, and 

  - Changes not consistent with the historic value of the resource.

e. A program for preservation of the resource, including a statement of how the proposed program meets the Secretary of the Interior’s Standards for Treatment of Historic Properties.
b. Historic Permit for Demolition.

(1) It is the intent of the City of Monterey that historic resources in H-2 zones will not be demolished unless extraordinary circumstances exist.

(2) Application shall be made on forms provided by the Community Development Department and shall contain a provision which requires the Applicant to provide whatever detailed information is required to completely review the application. (Ord. 3653 § 19, 2022)

(4) An Historic Permit and demolition permit for demolition of an H-2 resource shall not be issued unless one of the following two findings can be made:

a. The resource is a hazard to public health or safety, and repairs or stabilization are not feasible. Deterioration resulting from the neglect or failure of the owner to maintain the property need not be considered in making this finding. The City Council may require the applicant to provide one or more structural reports to document that repairs or stabilization are not feasible, or
b. Denial of the application will deprive the property owner of the economically viable use of the property, after application of financial, land use and other incentives available to the property.

c. Appeal. Decisions of the Historic Preservation Commission under this Section may be appealed as provided in Article 27 of this Zoning Ordinance.

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

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H. Incentives for H-2 Zoned Properties.
1. City Incentives for H-2 Zoned Properties are set forth as follows:

b. Additional Uses Allowed by Use Permit. The following additional uses may be allowed by Use Permit, issued pursuant to Chapter B of this Section:
- (1) R-2 or R-3 uses in the R-1 district,
- (2) C-O uses in the R-3 district,
- (3) C-1 uses in the C-O district,
- (4) Guest Houses on lots less than 8,000 square feet in the R-1 or R-2 districts, and

(5) Establishment of the historic use (defined as the original resource use or the use for which the resource was designed) if that use is not allowed by the underlying zoning district.

Procedure for Issuance of Use Permits for Incentives.

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b. The Planning Commission shall make the Use Permit findings in Section 38-161 and the additional findings that:
- (1) Impacts of the use, including traffic and parking, would not be detrimental to the surrounding area.

(2) Additional uses conform to an adopted Historic Preservation Report and are necessary for the preservation of an historic resource or historic interior.

c. Contracts and/or easements between the property owner and the City that would provide for preservation or restoration of exterior or interior features of an historic resource may be required as condition to the Use Permit.

Review of Incentive Programs. The Historic Preservation Commission will monitor the needs of historic properties and may develop additional incentive programs for City Council approval to meet those needs.

I. Duty to Maintain Historic Zoned Resources. The owner, lessee, or other person legally in possession or control of an H-2 City Historic Resource shall maintain the resource in good repair. Good repair is defined as that level of maintenance and repair of the exterior features, designated interior features, and the interior portion of the structure necessary to prevent deterioration of the exterior which furthers the continued availability and Integrity of the resource and prevents deterioration, dilapidation, decay or loss of economic use of the property. (Ord. 3424 § 1, 2009)

Sec. 38-77. H-D Historic District Overlay Zoning. ¶

A. Description. H-D zoning is intended to identify and protect geographical areas with a concentration of historic resources, where preservation of the individual historic resources and their historic setting is important to understanding Monterey’s history.

B. Applicability and Zoning Map Designator. H-D Historic zoning may be combined with any zoning district. Each H-D zone shall be shown by adding an “H-D” to the base district designation.

C. Procedure for adoption of H-D zoning. H-D Historic District zoning may be applied to a geographic area which meets National Register criteria in National Register Bulletin 15 or California Register criteria for districts. Establishment of an H-D Historic District shall follow the procedures in Article 26 for Zoning Map amendment, with the following additional provisions:

Prior to Initiation of the Zoning Map amendment, a preliminary report shall be prepared by the Community Development Department identifying tentative boundaries, historic context, Contributing Resources, potential planning regulations, and design review guidelines and a preliminary determination of

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whether the district would be based on H-1 Landmark or H-2 City Historic Resource criteria and standards. (Ord. 3653 § 19, 2022)

The preliminary report shall be sent to Affected Property Owners and Residents defined as Owners of real property or residents within the boundaries of a proposed Historic District, and the Historic Preservation Commission shall hold one or more public participation workshops to discuss preparation of an Intensive Survey and formation of an historic district. A notice of public workshops shall be given in accord with Section 38-159 of this ordinance.
The City shall then conduct an Intensive Survey of the proposed Historic District by or under supervision of a Qualified Professional, including preparation of DPR 523 series survey forms.
The City shall prepare a District Preservation Plan, including the following:
- a. Determination whether the whether the district is based on H-1 Landmark or H-2 City Historic Resource criteria and standards.
- b. Statement of goals and objectives.
- c. Statement of historic context and period of significance.
- d. Description and map of the H-D boundaries.
- e. Identification of potentially contributing and non-contributing resources and the setting and character of contributing resources based on analysis contained in the intensive survey.

f. Precise standards for new construction and alterations within the H-D boundaries. The property development standards of the underlying zone may be modified by the District Preservation Plan to be more or less restrictive than the underlying zone, including design, mass, bulk, height, walls, lighting, driveway locations, parking standards, landscaping, sign, public improvements on the property, and eligibility for incentives in Section 38-75, if appropriate. Any provisions more or less restrictive than the underlying zoning requirements shall be supported by findings that the requirements are necessary to implement the identified goals and objectives of the district and preservation of the historic setting within the district.

District Preservation Plan and H-D zoning shall be adopted by ordinance following the procedure for Zoning Map Amendment, including required notices. A district that is based on H-2 criteria and standards shall not be established if 51% of the owners file an objection in writing prior to the City Council second reading of the adopting ordinance. Notices for districts based on H-2 criteria and standards shall inform property owners that the district will not be formed if 51% of owners object in writing to adoption of the district. Percentage ownership shall be based on number of Assessor’s Parcels within the proposed district. H- D zoning may be amended following the same procedure used for adoption.

D. Rescission of Historic Zoning. It is not the general intention of the City to remove historic designation from a property; however, the City Council may rezone a property to remove Historic Zoning following the process for

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

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adoption if the historic resource no longer meets the Criteria for designation. (Ord. 3424 § 1, 2009; Ord. 3276, 2000)