Part III — Overlay District Regulations

Article 16B

Monterey Zoning Code · 2026-07 edition · ingested 2026-07-06 · Monterey

EMERGENCY SHELTER OVERLAY DISTRICT

Sections:

§ 38-99.1. Purpose.

§ 38-99.2. Number of Emergency Shelters.

§ 38-99.3. Operational and Management Requirements.

  • (Ord. 3571, 7/17)

Sec. 38-99.1. Purpose.

It is the purpose of the Emergency Shelter Overlay District to facilitate and encourage the provision of emergency shelter for homeless persons and households by allowing permanent year-round emergency shelters without a conditional use permit or other discretionary action in the districts where the overlay is applied, subject only to the same development standards that apply to the other permitted uses in this district, except for the requirements set forth in Section 38-99.2 that are unique to emergency homeless shelters as authorized by Government Code Section 65583(a)(4). (Ord. 3571 § 4, 2017)

Sec. 38-99.2. Number of Emergency Shelters.

The number and capacity of emergency shelters allowed in the Emergency Shelter Overlay District is limited to that required to meet the shelter needs of the number of estimated homeless persons in the City identified in the City’s housing element. (Ord. 3571 § 4, 2017)

Sec. 38-99.3. Operational and Management Requirements.

  • A. The maximum number of beds or persons to be served nightly by an emergency shelter shall be 35.

  • B. Off-street parking shall be based upon demonstrated need; provided, that parking for an emergency shelter shall not be more than that required for other uses permitted in the underlying district.

  • C. Projects shall design to and maintain the following maximum light levels and spacing:

    1. Buildings. Spacing to meet average maintained illumination levels of a minimum 0.5 footcandles and maximum 1.0 footcandles.

    2. Primary Building Entry. Not to exceed average maintained illumination levels of a maximum 5.0 footcandles.

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

Page 178 of 310

Ch. 38 Zoning Ordinance | Monterey City Code

  1. Parking Lots. Spacing to meet average maintained illumination levels of a maximum of 0.5 footcandles and a 15:1 maximum to minimum uniformity ratio.

  2. Service Areas. Ten footcandles maximum.

  • D. The size of indoor waiting areas shall be sufficient to accommodate the expected number of clients. Any spillover onto public right-of-way shall allow at least four feet of unobstructed sidewalk.

  • E. On-site management shall be provided at all times the facility is in operation.

  • F. Security shall be provided during the hours that the emergency shelter is in operation.

  • G. The maximum length of stay by a homeless person in an emergency shelter shall be six months.

  • H. An emergency shelter shall not be located within 300 feet of another emergency shelter.

  • I. No individual or household shall be denied emergency shelter because of an inability to pay. (Ord. 3571 § 4, 2017)