Article 17

REGULATIONS APPLYING IN ALL DISTRICTS

Sections:

§ 38-100. Specific Purposes and Applicability.

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• § 38-101. Relocated Buildings.

• § 38-102. Development on Substandard Lots.

• § 38-103. Development on Lots Divided by District Boundaries.

• § 38-104. Building Site Frontage.

• § 38-105. Building Projections into Yards.

• § 38-106. Exceptions to Height Limits.

• § 38-107. Underground Utilities.

• § 38-108. Home Occupations.

• § 38-109. Screening of Mechanical Equipment.

• § 38-110. Refuse Storage Areas.

• § 38-111. Performance Standards.

• § 38-112. Distance Between Buildings in a Dwelling Group.

• § 38-112.1. Alcohol Beverage Outlets.

• § 38-112.2. Limitation on Construction Hours. § 38-112.3. Repealed.

• § 38-112.4. Wireless Communications Facilities. § 38-112.5. Affordable Housing Density Bonus.

• § 38-112.6. Accessory Dwelling Units and Junior Accessory Dwelling Units.

This article contains site development regulations other than parking and loading regulations, that are applicable in all zoning districts. These regulations shall be applied as specified in Part II: Base District Regulations, and as presented in this article.

A use permit for relocation of a building shall be required. This permit, to be issued by the Planning Commission under the provision of Article 21, shall establish conditions necessary to ensure that the relocated building will be compatible with its surroundings in terms of architectural character, height and bulk, and quality of exterior appearance. Decisions of the Commission may be appealed in accord with Article 27.

• A. Application.

  1. A relocated building application shall contain:

     • a. Name and mailing address of applicant;

     • b. Location and address of old and new site;

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• c. Description and weight of building being moved and proposed use;

• d. Route of building location;

• e. Plot plan of the new site including the location of the building being moved, any proposed additions or accessory buildings, driveways, existing buildings on the lot and any other pertinent information; and

• f. A statement setting forth proposed improvement and remodeling of such building at the new site.

2. Upon acceptance of a complete application and payment of the required fee, the application shall be referred to the Chief of Inspection Services/Building Official, Engineering and Maintenance Director, and Police Chief for review. The Chief of Inspection Services/Building Official shall make an inspection of the building to be moved, and report to the Planning Commission the type of construction, age, and present condition of such building and any improvements recommended or required to be made. The Chief of Inspection Services/Building Official may recommend denial of the application if in his opinion the building cannot be moved safely or it will injure any street or pavement within the City, or unduly obstruct traffic.

B. Hearing.

1. After the Planning Commission’s receipt of the Chief of Inspection Services/Building Official’s report, it shall hold a duly noticed hearing on the application. At the time of the hearing, the Planning Commission shall hear all persons who may appear to support or protest the granting of the application.

2. In making its decision, the Planning Commission shall find, in the event it approved the moving of said building or structure, that such moving shall have no detrimental effect on the living environment and property values in the area into which the building or structure is to be moved, and that this decision is not contrary to the provision of the Building Code of the City or any improvements required to be made as reported by the Chief of Inspection Services/Building Official.

C. Decision and Appeal. The decision of the Planning Commission shall be final unless appealed as provided for in Article 27. (Ord. 3424 § 1, 2009)

A legally created lot having an area less than required for the base district in which it is located may be occupied by a permitted or conditional use, provided that on the effective date of regulations that made it substandard, it was in single ownership separate from any abutting lot. No substandard lot shall be further reduced in area or width.

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The regulations applicable to each district shall be applied to the area within that district, and no use other than parking serving a principal use on the site shall be located in a district in which it is not a permitted or conditional or a transitional use approved by the Planning Commission and subject to a use permit. Pedestrian or vehicular access from a street to a use shall not traverse a portion of the site in a district in which the use is not a permitted or conditional use.

Every building site shall have frontage on a public street from which adequate vehicular access shall be developed directly through the frontage, equal to the minimum building site width required by the regulations for the zone wherein it is located, unless:

A. Such building site is a legal nonconforming lot of record and has a minimum frontage in accordance with the provisions noted above of not less than 25 feet on a public street; or

• B. Such building site has a minimum 25-foot frontage on a second improved public right-of-way; or

• C. A Use Permit is first secured.

Projections into required yards shall be permitted as follows:

Allowable Projections in Feet

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a Not more than one half the required width.

b No deck for a second story unit in an R-3 District shall project into a side or rear yard adjoining an R-1 District.

c A total of all elements shall not exceed a length of no more than one third the building on which they are located.

d Stairs in side yard must maintain a three-foot minimum setback. Free-standing decks and patio structures shall be reviewed as accessory buildings.

Height limitations stipulated in this chapter shall not apply:

a. to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, observation towers, distribution and transmission towers, lines and poles, windmills, chimneys, smokestacks, flagpoles, and radio towers; to existing structures for solar collection devices, water catchment, green roof elements, and enhancements for energy conservation on existing buildings (roofing materials and insulation); to masts and aerials except as regulated in Section 38-109; and to parapet walls extending not more than four feet above the limiting height of the building.

b. to bulkheads, elevator and stair penthouses, water tanks, monitors, and scenery lofts, provided no linear dimension of any such structure exceeds 50% of the corresponding street lot line frontage or to towers and monuments, fire towers, hose towers, cooling towers, gas holders, or other structures, where the manufacturing process requires a greater height. Provided, however, that no such structure above the heights otherwise permitted in the zone shall occupy more than 25% of the area of the lot and shall be distant less than 25 feet in all parts from every lot line not a street lot line. Any structure in (a) and (b) may extend 20 feet above the district height limit, provided that additional height may be authorized with a Use Permit. (Ord. 3567 § 2, 2017; Ord 3414; 07/2008)

A. All electrical, telephone, CATV, and similar distribution lines providing direct service to a new building shall be installed underground within the site.

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• B. Deviation. A deviation may be granted, but shall be limited in scope to that necessary where it is shown that:

  1. Placement underground would result in the violation of other provisions of the City Code, including the City’s noise ordinances; or

  2. There are unusual environmental circumstances which would cause:

     • a. Injury or danger to persons;

     • b. Landslides, soil erosion, or exposure of trenches;

     • c. Widespread, long-term, or permanent destruction of vegetation or native trees;

     • d. Serious property damage, including damage to historical or archeological resources; or

     • e. Hindrance to other construction or excessive relocation costs; and

  3. The operator seeking the deviation has proposed a plan for placement that minimizes the visual impacts.

C. Applications for Deviations. An application for a deviation must be filed with the City Manager, or designee, and shall contain the information required to justify an exception.

D. Exemption. This section does not apply to encroachments by communications facilities in the rights-of-way, which are governed by Section 32-08.01 et seq. (Ord. 3617 § 1, 2020)

• A. Purpose. The purpose of the home occupation provision is to allow for minor business activities in residences in such a manner that is compatible with their neighborhood.

• B. Conditions. Home occupations are principally permitted uses subject to the following conditions:

  1. No person other than a resident of the dwelling unit shall be engaged or employed in the home occupation and the number of residents employed in the home occupation shall not exceed two.

  2. A home occupation shall not create significant additional vehicular or pedestrian traffic to the residence.

  3. No sign for the home occupation shall be displayed on the house or property.

  4. No advertisement shall be placed in any media (including, but not limited to, newspaper, magazine, telephone directory, radio, television, social media) containing the address of the property.

  5. There shall be no visible storage or display of materials or products.

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6. There shall be no exterior evidence of the conduct of a home occupation. A home occupation shall be conducted only within the dwelling unit or any accessory structure. Home occupations shall not be permitted out of doors on the property.

7. The conduct of any home occupation shall not reduce or render unusable areas provided for the required off-street parking for the residents nor prevent the number of cars intended to be parked in the garage from being parked.

8. There shall be no process used in the home occupation which is hazardous to public health, safety, or welfare. No toxic, explosive, radioactive, or other restrictive materials not normally used in a single-family dwelling shall be used or stored on the site.

9. There shall be no significant increase in use of utilities such as water, sewer, gas, and electricity beyond that normal to the use of the property for residential purposes.

10. No home occupation shall create noise, odor, dust, vibration, fumes or smoke readily discernible at the exterior boundaries of the parcel on which the occupation is located.

11. A home occupation on rented or leased property must have permission from the owner.

12. A home occupation shall comply with all applicable local, state, and federal laws and regulations.

13. A new or expanded use of a home occupation shall obtain zoning review pursuant to Section 38-150.

C. Prohibited Uses. The following uses and activities are prohibited as home occupations. This list, from time to time, may be increased with additional classifications which are found by the Community Development Director to change the character of the dwelling unit or adversely impact the residential neighborhood’s character:

1. Firearms and ammunition retail sales.

2. Sexually oriented businesses.

3. Food catering or production except in compliance with the Cottage Food Act 4 (Government Code Section 51035).

4. Vehicle storage, dismantling, installation, manufacture, repair, or service.

5. Vehicle sale, lease, dispatching, or renting including ecommerce platforms.

6. Welding.

7. Any use that does not comply with the standards set forth in subsection (B) of this section.

D. The failure to comply with the conditions set forth in subsection (B) of this section is a public nuisance. (Ord. 3714 § 9, 2025; Ord. 3620 § 3, 2020)

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A. General Requirement. Except as provided in subsection (B) below, all visible exterior mechanical equipment shall be screened from view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, duct work, and transformers. Satellite receiving antennae shall be screened as prescribed by Section 38-106. Screening of the top of equipment may be required by the Community Development Director, if necessary to protect views from an R district. Screening of mechanical equipment shall be subject to review and approval of the Community Development Director. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

B. Utility Meters. Utility meters shall be screened from view from public rights-of-way, but need not be screened on top or when located on the interior side of a single-family dwelling. Meters in a required front yard or in a side yard adjoining a street shall be enclosed in subsurface vaults.

C. Screening Specifications. Screening materials may have evenly distributed openings or perforations averaging 50 percent of the surface area and shall effectively screen mechanical equipment so that it is not visible from a street or adjoining lot. (Ord. 3424 § 1, 2009)

Refuse storage areas shall be screened or located within a building and shall be provided prior to occupancy for all multifamily residential, commercial, industrial, and public/semipublic uses. Locations, screening, horizontal dimensions, and general design parameters of refuse storage areas shall be as prescribed by the Planning Commission. The Planning Commission may waive the screening requirement for dumpsters and equipment for refuse collection and storage in an IL District, which are not visible from a public street. (Ord. 3715 § 27, 2025)

The following performance standards shall apply to all use classifications in all zoning districts:

A. Noise. All uses and activities shall comply with the provisions of the Monterey Noise Regulations (Sections 22 17 and 22 18). Decibel levels shall be compatible with neighboring uses, and no use shall create ambient noise levels which exceed the following standards:

MAXIMUM NOISE STANDARDS BY ZONING DISTRICT

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MAXIMUM NOISE STANDARDS BY ZONING DISTRICT

1. Duration and Timing. The noise standards above shall be modified as follows to account for the effects of time and duration on the impact of noise levels:

• a. In R districts, the noise standard shall be 5 Db lower between 10:00 p.m. and 7:00 a.m.

b. Noise that is produced for no more than a cumulative period of five minutes in any hour may exceed the standards above by 5 Db.

• c. Noise that is produced for no more than a cumulative period of one minute in any hour may exceed the standards above by 10 Db.

2. Director May Require Acoustic Study. The Community Development Director may require an acoustic study for any proposed projects which could have, or create, a noise exposure greater than that deemed acceptable. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

3. Noise Measurement. Noise shall be measured at an appropriate distance from the source with a sound level meter, which meets the standards of the American National Standards Institute (ANSI Section S1.4 1979, Type 1 or Type 2). Noise levels shall be measured in decibels. The unit of measurement shall be designated as Db. A calibration check shall be made of the instrument at the time any noise measurement is made.

4. Noise Attenuation Measures. The Community Development Director may require the incorporation into a project of any noise attenuation measures deemed necessary to ensure that noise standards are not exceeded. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

5. Exceptions. The following are not subject to the provisions of this section:

   • a. Noise created by emergency generators or any standby machinery or equipment necessarily operated during an emergency as defined in Section 22-18(a)(1) when the following requirements are met:

     • (i) Emergency generators exempt under this section shall not be located within any required front yard setback.

(ii) Emergency generators within 10 feet of property lines shall use noise reduction enclosures and soundproofing materials or products meant for generator soundproofing. (Ord. 3683 § 5, 2024)

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6. Appeals. Decisions of the Community Development Director may be appealed by the applicant to the Planning Commission in accord with Article 27. (Ord. 3683 § 4, 2024; Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012. Formerly 38-111(5))

• B. Vibration. No use, activity, or process shall produce vibrations that are perceptible without instruments by a reasonable person at the property lines of a site.

• C. Odors. No use, process, or activity shall produce objectionable odors that are perceptible without instruments by a reasonable person at the property lines of a site.

• D. Glare.

  1. From Glass. Mirror or highly reflective glass shall not cover more than 20 percent of a building surface visible from a street unless an applicant submits information demonstrating to the satisfaction of the Community Development Director that use of such glass would not significantly increase glare visible from adjacent streets or pose a hazard for moving vehicles. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

  2. From Outdoor Lighting. Parking structure and all project lighting shall be screened so the light source will not be visible off site.

E. Combustibles and Explosives. The use, handling, storage, and transportation of combustibles and explosives shall comply with the provisions of the Chapter 13: Fire Protection of the Municipal Code, and any other applicable laws.

F. Radioactive Materials. The use, handling, storage, and transportation of radioactive materials shall comply with the provisions of the California Radiation Control Regulations (California Administrative Code, Title 17), and any other applicable laws.

G. Hazardous and Extremely Hazardous Materials. The use, handling, storage, and transportation of hazardous and extremely hazardous materials shall comply with the provisions of the California Hazardous Materials Regulations (California Administrative Code, Title 22, Division 4), Article 17, Hazardous Materials, and any other applicable laws

H. Heat and Humidity. Uses, activities, and processes shall not produce any unreasonable, disturbing, or unnecessary emissions of heat or humidity, at the property line of the site on which they are situated, that cause to a reasonable person material distress, discomfort, or injury.

I. Electromagnetic Interference. Uses, activities, and processes shall not cause electromagnetic interference with normal radio or television reception in R districts, or with the function of other electronic equipment beyond the property line of the site on which they are situated.

J. Evidence of Compliance. The Community Development Director shall require such evidence of ability to comply with performance standards as he deems necessary prior to issuance of a zoning permit. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

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The minimum distance between main buildings shall be, as follows:

• A. Minimum distance between buildings: 10 feet

• B. Buildings with front entry to front entry: 30 feet

• C. Buildings built with front entry to rear entry: 30 feet

• D. Buildings built with rear entry to rear entry: 14 feet

• E. Buildings built with one rear entry opening upon a court: 12 feet

• F. Buildings built with one front entry opening upon a court: 20 feet

Every dwelling in a dwelling group shall be within 60 feet of an access road or drive, providing vehicular access from a public street adequate for fire fighting purposes.

Modification of these regulations may be approved by the Planning Commission when the proposed siting of structures on the property and their size and relationship to each other will result in appropriate open space, ingress and egress, and light and air between structures in dwelling groups. In no case shall any separation be reduced below ten feet.

(Ord 3305, 5/2002)

A. The City of Monterey may re-open the use permit or require a new use permit for any establishment wherein alcoholic beverages are sold or served on or off the premises if that establishment becomes a public nuisance. Prior to such hearing, the owner or operator of the alcohol beverage outlet shall be given written notification of all conditions which may constitute a public nuisance and given a minimum of 30 days to correct the conditions. The City can refer the issue to an outside community-based counseling group, such as the Hospitality Resource Panel, to help the business correct any conditions during or prior to this 30 day period. The referral is not a requirement but is an option available to the City. The counseling group may choose to make a recommendation to the Planning Commission on the alcohol beverage outlet’s compliance with the conditions.

For purposes of this section, the term “public nuisance” refers to a pattern of disturbance or alcohol related problems which affect at the same time an entire community or neighborhood, or any considerable number of persons, as substantiated by credible evidence from a reliable source including, but not limited to, public testimony, citizen complaints, police reports, fire department reports, code enforcement reports, and violations of City Codes or state laws where such violation is established as constituting a nuisance per se. The term “alcohol related problems” shall include, but is not limited to, unacceptable public behavior, noise, littering, loitering, crimes of violence, interference with the unimpeded use of sidewalks by pedestrians, defacing or damaging property,

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interference with a neighborhood’s quality of life or image or quiet enjoyment of property, and other similar problems related to the operation of alcoholic beverage outlets. Such nuisances may be abated by the City pursuant to Monterey City Code §§ 1-1.06 or 1-2.00 and following.

(Ord. 3374; 9/2006)

A. Construction Hours. The hours for all construction, alteration, remodeling, demolition and repair activities which are authorized by a valid City Building Permit, as well as the delivery and removal of materials and equipment associated with these activities, are limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, 8:00 a.m. to 6:00 p.m. Saturday and 10:00 a.m. to 5:00 p.m. Sunday.

B. Exceptions. A permit to allow an exception to these hours may be issued by the Zoning Administrator following Notice and Public Hearing, in accord with Monterey City Code section 38-159 et seq. Requests for exceptions must show that compliance with the hour limitations would be impractical and that the exception is necessary to accommodate unique factors specific to the property. The exception shall be for a limited duration, and may be conditioned to require renewal after a period of three months.

C. Exceptions for Oversized Vehicle Deliveries. Oversized vehicles with a valid City of Monterey Transportation Permit, that are allowed by the transportation permit conditions to travel at night, are exempt from the limitation on construction hours. Oversized vehicle deliveries are authorized for delivery only and are subject to all of the provisions of the transportation permit. No construction activities are permitted with the oversized delivery.

D. Appeals. Decisions of the Zoning Administrator may be appealed by any person, in accord with Monterey City Code section 38-203 et seq.

E. Notice of Construction Hours. The limitations on construction hours shall be noted on the City Building Permit and approved building plans.

A. Purpose. This section is enacted to reasonably regulate, to the greatest extent permitted under California and Federal law, the placement, design, construction, and modification of wireless communications facilities within the City of Monterey. These regulations are designed to protect and promote public’s health, safety, and welfare, including by minimizing adverse aesthetic impacts and protecting persons and property from potential dangers.

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The City’s aesthetics, unique historic setting, and views benefit residents, attract visitors worldwide, enhance property values, are a catalyst for economic development, and increase the City’s tax base. The City’s economy, as well as the well-being of all who work, visit or live in the City, depends in part on maintaining the City’s beauty.

• B. Applicability.

1. The provisions in this section shall be applied to all applications for new wireless communications facilities and all applications for changes to existing wireless communications facilities filed after the effective date of this section, unless the wireless communications facility is exempt from the permitting requirement. For all other applications, the provisions of this section as it existed before the effective date shall apply.

2. This section is not intended to exempt wireless communications facilities from any applicable laws.

3. This section shall be interpreted and applied in a manner consistent with State and Federal law.

4. The time within which any act provided by this section is to be done has been computed to permit the City to comply with State and Federal regulations governing the time for action on applications for wireless communications facilities, and may be extended by the City Manager where an extension will not result in a violation of those State or Federal regulations, or otherwise prejudice the public, or shortened by the City Manager when necessary to prevent a violation of applicable law.

• C. General Requirements.

  1. Every wireless communications facility, whether or not installed pursuant to a use permit, shall:

     • a. Comply at all times with Federal Communications Commission (“FCC”) standards for radiofrequency (“RF”) emissions currently in effect or as may be amended;

     • b. Comply with all applicable State, Federal and local laws and requirements; and

     • c. Comply with conditions applicable to encroachments if located in the public rights-of-way.

  2. No wireless communications facilities may be installed speculatively.

3. All wireless communications facilities located within an airport safety zone as defined by the Monterey Airport Land Use Compatibility Plan (ALUCP), or an airspace protection zone as defined by the FAA shall comply with applicable criteria in the ALUCP, and FAA standards. No work may proceed on a permit except in compliance with such standards, or without issuance of any required determinations of no hazard to aviation. No work may proceed on a permit where an applicant has failed to provide notices or seek reviews required under applicable requirements. Provided, nothing herein requires compliance with ALUCP standards where such standards have been overruled in accordance with applicable law. Without limiting the foregoing, under the Airport Land Use Compatibility Plan in effect as of April 1, 2022:

• a. In Runway Protection Zone 1, all structures are prohibited except facilities set by aeronautical function. No objects may exceed FAR Part 77 height limits as determined by the FAA. The City shall refer all objects within Zone 1 to the Airport Land Use Commission (ALUC) and FAA.

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b. In Inner Airport/Departure Zone 2, Inner Turning Zone 3, and Sideline Safety Zone 5, wireless communication facilities shall comply with the following development conditions: (i) Airport disclosure notice shall be provided; (ii) Structures shall be located the maximum distance from extended runway centerline; and (iii) The City shall refer objects greater than 35 feet tall to the ALUC and FAA.

• c. In Outer Approach/Departure Zone 4 and Airport Property Zone 6, wireless communication facilities shall comply with the following development conditions: (i) Airport disclosure notice shall be provided; (ii) The City shall refer objects greater than 70 feet tall to the ALUC and FAA.

d. In Airport Influence Area Zone 7, wireless communication facilities shall comply with the following development conditions: (i) Airport disclosure notice shall be provided; (ii) The City shall refer objects greater than 100 feet tall to the ALUC and FAA; (iii) New structures are prohibited on existing terrain that penetrates 14 CFR Part 77 surfaces; and (iv) New structures require additional airspace analysis and FAA Form 7560 within the 50-foot terrain penetration buffer.

• e. All structures that could penetrate 14 CFR Part 77 elevations shall file Form 7460 with the FAA.

• D. Planning Applications and Approvals Required.

1. Use Permit Review. All new wireless communications facilities and all modifications to existing wireless communications facilities require a use permit issued pursuant to Section 38-156 et seq., except those subject to administrative review under this section. The use permit for placement in the public rights-of-way, if granted, shall be deemed to constitute the encroachment permit required by Chapter 32, Article 8, of this code. The application for a use permit shall satisfy all the requirements for an encroachment permit, and without limitation any use permit issued shall be subject to all conditions set forth in, and regulations adopted pursuant to, that chapter.

2. Administrative Review for Temporary Wireless Communication Facilities. A use permit may be issued for a temporary wireless communications facility by the Community Development Director under this section.

a. Application. An application for a temporary wireless communications facility shall provide a detailed description of the facility including: how it will be anchored or otherwise supported; where it will be placed; how it will be designed, secured, and marked to protect against harm to persons or property; the purpose of the placement; the duration it will be in place; a certification by a California licensed structural engineer that the installation will be structurally safe; and the information required by subsections (E)(3)(a), (b), (q) and (r) of this section.

• b. Approval. Administrative approval shall be granted if:

  • (i) The facility meets the definition of a temporary wireless communications facility;

  • (ii) The proposed facility will be placed and protected to prevent hazards to persons and property, and so as not to unreasonably interfere with pedestrian or vehicular traffic or disrupt the use and enjoyment of adjoining properties;

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(iii) There is an appropriate plan for removal of the facility and restoration of property affected by it; and

(iv) Except in the case of an emergency, the temporary wireless communications facility is not proposed for a residential zoning district (i.e., R-E, R-1, R-2, R-3 and any PC zone not governed by a specific plan).

c. Conditions. Each permit for a temporary wireless communications facility shall be granted for the shortest period of time it will take to achieve the purposes for which it was installed. The permittee’s period for removal and restoration shall be based upon the work required to remove the facility and restore affected property, and shall not exceed 10 days except for good cause shown as determined by the Director. Any facility that is not removed from private property by the date specified in the permit is hereby declared a public nuisance, which may be remedied pursuant to Chapter 22, Article 4, of this code and any other remedy allowed by law. Any facility that is not removed from City property by the date specified in the permit may be removed by the City and the City may restore affected property and charge the permittee the costs thereof.

d. Emergency Installation. A permit shall be obtained before a facility is installed except: (1) in the case of an emergency declared by Federal, State, regional, or local officials; (2) when it is necessary to install a facility to immediately address an unanticipated service outage; or (3) when immediate action by a person or agency performing a public service is required to protect life or property in response to an emergency. In such cases, an application shall be submitted within five business days after the date of installation. The time for filing may be extended by the Director as needed based on the circumstances giving rise to the need for the temporary placement. If an application is not timely filed, or is denied, in addition to being subject to any other remedy available at law or equity, the temporary wireless communications facility will constitute a public nuisance, which on private property may be remedied pursuant to Monterey City Code Chapter 22, Article 4. Without limiting the foregoing, if the temporary wireless facility is on public property, and a timely application is not filed, or is denied, the facility shall be removed within 24 hours of failure to timely file, or the denial, as applicable, unless the Director specifies a later, alternative time for removal and restoration. If the facility is not removed and property restored as required, the City may remove the facility, and restore the property, and charge for costs associated with the same.

• E. Applications and Submittals.

1. This section establishes minimum application requirements for wireless communications facilities other than eligible facilities requests, for which applications shall be submitted and reviewed as provided in subsection (G) of this section.

2. Application Required. Each application for a permit under this section shall be submitted on a form prescribed by the Director, in an electronic searchable format, and accompanied by a fee in the amount set by resolution. The Director may amend the submittal form and requirements as the Director deems appropriate to achieve the purposes of this section.

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

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3. Application Content. Each application shall be signed by the owner of the wireless communications facility. If the applicant is not a provider of wireless services, it shall provide a letter from each wireless service provider that will use the facility affirming: it will use the facility proposed, if approved; that it will make available such information as the City may require to act upon the application, either directly or through applicant; and will ensure that any representations made to the City regarding the services it will provide, or equipment it will use, are true, accurate, and complete. Each application shall include at least the following:

a. Written Authorizations. A written authorization signed by the owner(s) of the property and supporting structure consenting to the placement of the wireless communications facility as proposed. An authorization is not required as part of the application for placement on City-owned or controlled property, but appropriate consents and contracts shall be obtained before a permit may issue.

b. Licenses. Evidence that the applicant and operator hold all current licenses and registrations from the FCC and California Secretary of State where such license(s) or registration(s) are necessary to provide wireless services using the proposed wireless communications facility.

c. Notice and Proof of Service of Notice. Applicant shall mail notice of the application to all persons entitled to notice under Section 38-159. In addition to providing the information required by Section 38-159(D), the notice shall provide a brief description of the wireless communications facility and its location; identify what entities will own or operate any part of the wireless communications facility; state that the application may be reviewed online as posted by the Planning Department; and state that comments may be submitted to the Planning Department. The notice shall be mailed by the applicant on the day the application is filed and a proof of service on a form provided by the City shall be provided with the application.

d. Effect of Deadlines. To the extent that filing of the wireless application would establish a deadline for action on any other permit, agreement, or other authorization that may be required in connection with the wireless communications facility, the application shall include complete copies of applications for every such required permit, including without limitation, electrical permits, building permits, traffic control permits, and excavation permits, with all engineering completed, and with all fees associated with each permit. Provided, such additional applications are not required if applicant agrees, in the application for the wireless communication facility, that any such deadline will not begin to run until a separate and complete application for those permits is submitted.

e. Project Description Letter. A full written description of the proposed facility and the work that will be required to install or modify it, which description shall include whether:

• (i) The facility will be on a new, existing, or replacement supporting structure;

• (ii) Excavation work will be required and where it will occur;

• (iii) Foundational work will be required; and

(iv) If the application is for a modification to an existing wireless communications facility, or a support structure, the application shall identify whether the existing wireless facility or support

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structure was installed pursuant to a permit and if so provide the original permit and any permit modifications; describe any camouflage and concealment elements, and describe how the modifications to the facility or proposed support structure will maintain the concealment elements, and how it will preserve other requirements intended to camouflage or otherwise limit the visual impacts of a wireless communications facility, or support structure; and state whether the existing wireless communications facility or support structure is currently in compliance with such original permit and any permit modifications.

f. Equipment Specifications. Specifications that show the dimensions (height, width, depth, and cubic feet) for all components of the proposed wireless communications facility and the support structure, and the weight of all components of the wireless communications facility and any replacement or new support structure. If the wireless communications facility will be placed on an existing or replacement support structure, the specifications shall include:

(i) A clear description of all components of the existing support structure, and how it is anchored/ supported;

(ii) A clear description of all attachments to the existing support structure and their dimensions; and

(iii) A description of changes that will be made in connection with an attachment to, or replacement of, the existing structure, including but not limited to, steps that may be taken to strengthen or secure the supporting structure.

g. Lease Area. If the wireless communication facility will be installed pursuant to a lease or license, a plan depicting the leased or licensed area in relationship to the proposed facility.

h. Plot Plan. A plot plan of the lot, premises, or parcel of land showing the exact location of the proposed wireless facility (including all related equipment and cables), exact location and dimensions of all buildings, parking lots, walkways, property lines pertaining to the area leased or otherwise dedicated to the use of the wireless communications facility. For freestanding facilities, the plans shall indicate surrounding grade, structures, and landscaping from all sides. If new ground-mounted equipment or structures (retaining walls, etc.) are proposed in the public right-of-way, a site survey with topography lines shown in one-foot intervals be submitted. The survey should show all improvements in the public right-of-way within 10 feet of the proposed area of disturbance.

i. Licensed Site Survey. If the project involves new ground-mounted equipment, grading or fill, a site survey is required.

j. Elevations and Roof Plan. Building elevations and roof plan including exact location and dimensions of equipment proposed. For freestanding facilities, the plans shall indicate surrounding grades, structures, and landscaping from all sides.

k. Screening. Proposed landscaping and maintenance plan for the life of the facility and/or nonvegetative screening (including required safety fencing) plan for all aspects of the facility.

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l. Manufacturer’s Updated Specification. Manufacturer’s specifications, including installation and maintenance specifications, exact location of cables, wiring, materials, color, and any support devices that may be required.

m. Photographs and Photo Simulations. Accurate color photographs and photo simulations that show the proposed facility both close up at street level and in context of the site from reasonable line-of-sight locations from public streets or other viewpoints which would reasonably be expected to sustain the most significant adverse aesthetic impacts due to such factors as proximity to the site or their elevation relative to the site, together with a map that shows the photo location of each view angle.

n. Hazard Compliance Certification. For placement of wireless communications facilities on utility poles, street light poles, or towers in the public rights-of-way, as part of the safety certification required by subsection (E)(3)(o) of this section:

(i) If the application is for a wireless communications facility in a “High Hazard Zone” (“HHZ”) (as demarcated on the current version of the California Public Utility Commission Fire-Threat Map), and is to be placed on a supporting structure that applicant contends is or will be under the jurisdiction of General Order (“GO”) 95 (“GO 95”), or GO 165, or GO 166, the applicant shall submit documentation showing the HHZ where the wireless communications facility will be located and whether all required Fire Prevention Plans are in place. Applicant shall also submit documentation showing whether the supporting structure has been inspected and when; the results of the inspection (if any), and proof that the structure, any existing facilities, and planned structures and facilities will comply with standards for placement on structures in a HHZ. If existing or proposed structures or facilities are or will be noncompliant in any respect, the application shall identify what applicant will do to ensure the structure and existing and proposed facilities are compliant.

(ii) If the application is for a wireless communications facility in a HHZ on a supporting structure or tower that applicant contends is not under the jurisdiction of GO 95, GO 165, and GO 166, the applicant shall submit documentation showing:

• a. The specific HHZ in which the wireless communications facilities will be located, as demarcated on the current version of the California Public Utility Commission Fire-Threat Map;

b. A description of the steps the applicant has taken to reduce hazards to public safety, including fire safety hazards, that may be caused by the proposed wireless communications facility or any supporting structure; and

c. What applicant will do to inspect and maintain the safety of the wireless communications facility, or any supporting structure which steps shall be at least as rigorous as if GO 95, GO 165, and GO 166 applied.

d. The documentation shall be supported by sworn statements from qualified and California licensed engineers attesting that the wireless communications facility and any supporting structure as installed will comply with applicable law, and be as safe as facilities and structures which are subject to the General Orders.

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o. Safety Certification. Applicant shall submit structural analyses prepared by a licensed or registered California engineer or engineers qualified to attest to the facts showing that the portions of the wireless communications facility placed on or within the tower or supporting structures will be safely supported by the tower, or supporting structure, and also showing that all components of the structure and the wireless communication facility comply with applicable safety standards.

p. Noise Study. A noise study certified by an acoustical engineer licensed by the State of California for the proposed facility and all associated equipment including environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators, demonstrating that the facility will comply with the City’s noise regulations when fully operational. For example, if a wireless communications facility is planned to include multiple cooling units, the noise study will be performed assuming that all the units will be in place and operational. The noise study shall also include an analysis of the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. A study is not required if the proposed facility does not contain equipment that generates noise.

q. Radio/Antenna Detail. Information regarding the radio units that are proposed to be installed at the site, including the manufacturer’s name and specifications, and the actual frequencies and power levels (in watts effective radio power [ERP]) for the proposed wireless communications facility and for any existing wireless communications facility that shall be considered in determining compliance with FCC RF standards.

Information regarding the radio units that are proposed to be installed at the site, including the manufacturer’s name and specifications, and the actual frequencies and power levels (in watts effective radio power [ERP]) for the proposed wireless communications facility and for any existing wireless communications facility that shall be considered in determining compliance with FCC RF standards.

r. Radiofrequency (RF) Compliance Report. Applicant shall submit a RF exposure compliance report prepared by a licensed RF engineer. The report shall include a certification by the engineer that the facility complies with FCC RF standards, be prepared in accordance with FCC guidelines, and include the calculations and information on which the engineer relied. The report shall clearly identify any areas where exposure would exceed occupational or general FCC exposure limits, vertically and horizontally, and shall include drawings that show those areas in relation to the proposed structure, adjoining buildings, and property lines. The report shall clearly identify any measures that shall be taken to ensure compliance with FCC rules. The report’s analysis will be based on a “worst case” scenario, and assuming all antennas are operating at maximum output. The report shall be signed by the licensed RF engineer and include a certification, under penalty of perjury, that the content thereof is true and correct.

s. Underground vault and venting plans, if any element of the wireless communications facility will be placed underground. The underground vault and venting plans shall include manufacturer’s specifications for cover, color, materials, dimensions, and reveal at the sidewalk, and evidence that all enclosures will comply with California Public Utilities Code standards for underground utility enclosures.

t. Master Plan. A master plan which identifies the location of the proposed facility in relation to all existing wireless communications facilities used by the wireless service providers that will use the facility; and if the facility proposed is part of a planned network, the approximate location of other planned facilities.

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u. For any wireless communications facility located within the Monterey Regional Airport Influence Area (AIA), the applicant shall provide written evidence to the City demonstrating the following: (i) applicant submittal to the FAA of the FAA Form 7460-1 (Notice of Proposed Construction or Alteration) or other equivalent FAA form notifying the FAA of the proposed construction or alteration of any wireless communications facility in the AIA that has the potential to obstruct or pose a hazard to air navigation, navigational aids, or navigational facilities, or has the potential to interfere with any aircraft flight components affecting air safety, except for minor alterations that do not have this potential; (ii) written authorization from the FAA or other official FAA determination of no objection to the proposed construction or alteration; and (iii) compliance with all applicable FAA and FCC rules, regulations, and standards.

v. If applicant contends that denial of the application would result in an effective prohibition under Federal law, or otherwise violate Federal law such that the application shall be approved, it shall provide all facts that it relies upon and clear and convincing evidence for that claim. Where the applicant is not a wireless service provider, the information shall be provided for the affected wireless service providers. Applicants who claim that denial would be a “prohibition” or “effective prohibition” are encouraged to address at least the following:

(i) If it is contended that compliance with an aesthetic standard is not reasonable, explain why in detail, and describe alternatives considered in determining whether service objectives for the wireless service provider could be reasonably satisfied by other means.

(ii) What existing or planned personal wireless services the affected wireless service provider would be effectively prohibited from providing if the application is denied.

(iii) The factual basis for any claim that denial will substantially impair a wireless service provider’s ability to provide a personal wireless service, and the information relied upon in support of that claim.

(iv) The factual basis for any claim that denial would result in a prohibition or effective prohibition under applicable precedent in the United States Court of Appeals for the Ninth Circuit, and the information relied upon in support of that claim.

(v) Current signal coverage, by providing maps showing existing coverage in the area to be serviced by the proposed facilities (including areas outside the City, if applicable). In order to be treated as probative, maps shall be dated, and based on data collected within the prior six months or less, to reflect all facilities installed inside and outside of the City as of the date of the application that may affect coverage.

by providing maps showing existing coverage in the area to be serviced by the proposed facilities (including areas outside the City, if applicable). In order to be treated as probative, maps shall be dated, and based on data collected within the prior six months or less, to reflect all facilities installed inside and outside of the City as of the date of the application that may affect coverage.

(vi) The exact geographic area that would be served by the proposed facility, using coverage maps that describe the distances between the proposed and existing sites that show how the proposed service area fits into and is necessary to each affected wireless service provider’s provision of personal wireless services given existing facilities, and planned or pending modifications or additions to those facilities that that may affect the provision of services.

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(vii) Alternatives considered within and outside the City prior to the submission of the application, including but not limited to alternatives that take advantage of software capabilities or reconfiguration of existing sites; the reason the alternative chosen was selected, and the reason other alternatives were not selected with supporting evidence; and why applicant contends existing sites could not be used to provide service.

(viii) Provide results of drive tests within the specific geographic areas where an effective prohibition is being claimed. In order to be treated as probative, maps shall be dated, and based on data collected within the prior six months or less, to reflect all facilities installed inside and outside of the City as of the date of the application that may affect coverage. The data shall specify the date and time of the test, the location in longitude and latitude of each point at which signal strength was recorded, and each signal strength recorded for each frequency at which the carrier provides personal wireless services to its customers. The signal strength data shall be provided in a separate table for each frequency. Drive test maps shall be submitted depicting the actual signal strengths recorded during the drive test for each frequency at which the carrier provides personal wireless services to its customers.

(ix) Provide dropped call records and denial of service records evidencing the number and percentage of calls within which the carrier’s customers were unable to initiate, maintain and conclude the use of the carrier’s personal wireless services without actual loss of service or interruption of service.

4. Presubmittal Conference. Before application submittal, applicants are strongly encouraged to schedule and attend a voluntary presubmittal conference with City staff for all wireless communications facilities applications. The presubmittal conference is intended to foster cooperative discussion between applicants and staff, identify potential avoidable issues, and generally streamline the application review process to occur after the applicant formally submits its application. Requests for voluntary presubmittal conferences will not be scheduled until the City receives payment of the associated fee in the amount set by City Council resolution.

5. Application Submittal Appointment. All applications for wireless communications facilities use permits shall be submitted to the City at a prescheduled appointment with the Director. During the application submittal appointment, or thereafter, the Director shall review the application materials and determine whether the application is complete. If the application is found to be complete, the Director will refer the application to the Planning Commission. If the application is not complete, the Director shall issue a written notice of incompleteness specifying the information missing from the application.

6. Applications Available Online. Except where good cause has been shown, as determined by the Director, applications will be posted on the City website within five working days of filing or as soon thereafter as practical, along with communications between the City and the applicant regarding those filings (including additions and modifications to the filing). The City shall post notice promptly when the application is deemed “complete.” The City’s failure to post the applications by the time required shall not affect the validity of any application submitted under this section.

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7. Notice of Applications Within Monterey Regional Airport Influence Area. For any wireless communication facility located within the Monterey Regional Airport Influence Area, the City shall, upon deeming such application “complete,” provide written notice of the application to the staff of the Monterey County Airport Land Use Commission and the Monterey Regional Airport District.

• F. Location, Design and Development Standards.

1. This section establishes design and development standards for wireless communications facilities and supporting structures, other than wireless communications facilities and supporting structures modified as part of an eligible facilities request. The Planning Commission may develop and approve, for mandatory use, neighborhood specific design standards that are consistent with this section.

2. Overall Goals. It is the overall goal of the City to minimize the visual impact of wireless facilities; to minimize the number and height of supporting structures that may intrude upon view sheds; to maintain the overall visual character of individual neighborhoods, to encourage placement away from residential units; to minimize the number of structures in the public rights-of-way and prevent interference with the other uses of the public rights-of-way.

3. General Principle for All Locations. The proposed wireless communications facility, and any supporting structure (to the extent installation requires installation of a new or replacement supporting structure, or any change in the height of an existing supporting structure) shall be of the minimum size necessary to serve the defined service objectives of the wireless service provider(s) that will be using the facility.

• a. Exception. This subsection (F)(3) does not apply when a larger facility is consistent with a stealth design approved by the City, or appropriate as part of the incorporation of a wireless communications facility into a structure such as a street light, where the facility shall mimic the height of existing street lights.

4. Design Standards for Facilities Off the Public Rights-of-Way -- General Design and Aesthetic Standards. All new facilities and changes to existing facilities shall conform to the standards in this section.

• a. Concealment. Wireless communications facilities shall incorporate concealment elements sufficient to render the facility stealth, as appropriate for the proposed location and design, or otherwise incorporate elements that will camouflage or limit the visual impacts of a wireless communications facility as well or better than a stealth facility. All facilities shall be designed to visually blend into the surrounding area and shall be compatible with the character of the area in which they are located, as described in the General Plan and provisions governing development of particular areas.

b. Height. Wireless communications facilities, and any supporting structure shall not exceed the applicable height limit for structures in the applicable zoning district.

• c. Setbacks. Wireless communications facilities may not encroach into any applicable setback for structures in the applicable zoning district.

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d. Future Collocations. Applicants shall design wireless communications facilities to accommodate future collocated facilities to the extent feasible, and to the extent consistent with the other provisions of this code.

e. Noise. A wireless communications facility shall comply with the noise standards in the City Code. Applicant may be required to install noise attenuating or baffling materials and/or other measures, including but not limited to walls or landscape features, as the City deemed necessary or appropriate to ensure compliance with noise limits.

f. Lights. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights, and shall install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The City may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need, or applicant shows that the light’s effect is negligible. All aircraft warning lighting shall use lighting enclosures that avoid illumination impacts to properties in the City to the maximum extent feasible. This section does not apply to designs that are intended to mimic or to be incorporated within lighting structures on the property where the facility will be located.

g. Signs. No wireless communications facility may display any signage or advertisements unless expressly allowed by the City in a written approval, recommended under FCC regulations, or required by law or permit condition. Every facility shall at all times display signage that accurately identifies the facility owner, provides the facility owner’s unique site number, and a local or toll-free telephone number to contact the facility owner’s operations center. “Signage” does not include approved banners or directional signage used to conceal or camouflage a wireless communications facility.

h. Fencing or Enclosures. Any fencing or enclosures proposed in connection with a wireless communications facility shall blend with the natural and/or manmade surroundings. Additional landscape features may be required to screen fences. Barbed wire, razor ribbon, electrified fences and similar measures for securing a wireless communications facility are not permitted.

i. Landscaping. Landscaping may be required to visually screen facilities from adjacent properties or public view or to provide a backdrop to conceal the facilities. All proposed landscaping is subject to architectural review approval by the Director, unless the Director refers the landscaping plan to the Planning Commission. Landscaping may be required for the purposes that include, but are not limited to, the following:

(i) To preserve existing on-site and associated access way vegetation and trees to the extent feasible at all times before, during and after construction.

(ii) To minimize disturbance of the existing topography.

(iii) To provide screening of wireless communications facilities and access roads appurtenant to the wireless communications facility which screening may require planting of additional trees and other vegetation around the facility, and along access roads. (Ord. 3715 § 16, 2025)

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j. Applicants shall use flat rate electric metering, if available, so that no meter is required. If a groundmounted or pole-mounted meter is used, applicant will provide information as to available form factors and show how those can be incorporated into the design to minimize visual impacts and, where possible, make the meter stealth.

k. Ground-Mounted Equipment. Where above-ground, ground-mounted facilities are permitted, in locations visible or accessible to the public, applicants shall conceal outdoor ground-mounted equipment, with opaque fences or landscape features that mimic the adjacent structure(s) (including, but not limited to, dumpster corrals and other accessory structures).

5. Building-Mounted Facilities. These requirements are in addition to design standards in subsections (F)(4)(a) through (g) and (k) of this section.

a. General Design Preferences. Building-mounted wireless communications facilities shall be one of the following, in this order of preference; provided, that any change to any building within the National Historic Landmark Districts, local historic district (H-D) or any change to individually zoned historic property (H-1 and H-2) shall be fully consistent with design requirements and limitations on modifications to historic properties and buildings.

(i) The wireless communications facilities shall be completely concealed and architecturally integrated into the facade or rooftop-mounted base stations with no visible impacts (including shadowing) from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials, provided such replacement is consistent with the historic preservation of a structure); then

(ii) Wireless communications facilities may be completely concealed new structures or appurtenances designed to mimic the support structure’s original architecture and proportions (examples include, but are not limited to, cupolas, steeples, chimneys and water tanks), subject to height limits applicable to the area where the facility is located, and subject to standards that apply for similar modifications that do not involve wireless communications facilities.

b. Rooftop-Mounted Equipment. Consistent with subsection (F)(5) of this section, and subject to subsections (F)(4)(a) and (F)(5)(a)(i) of this section, the City will not approve unscreened rooftop wireless communications facilities if the applicant has the right to increase the facility height so that the equipment would become visible to public view from ground level on adjoining properties or from the public rights-of-way, unless the applicant shows that because of the design proposed, or the location, approval of the design will be no more intrusive and consistent with the goals of this section.

c. Facade-Mounted Equipment. Applicants shall conceal all facade-mounted transmission equipment behind screen walls as flush to the facade as practicable. The City may not approve any “pop-out” screen boxes unless such design is architecturally consistent with the original support structure. The City may not approve any exposed facade-mounted antennas, which includes exposed antennas painted to match

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the façade, unless the applicant shows that because of the design proposed, or the location, approval of the design will be no more intrusive and consistent with the goals of this section.

6. Freestanding Towers Outside of Rights-of-Way. In addition to satisfying the requirements of subsection (F)(4) of this section:

   • a. General Design Preferences. All applicants shall, to the extent feasible and appropriate for the proposed location, design wireless communications facilities on new towers according to the following preferences, ordered from most preferred to least preferred:

(i) Faux architectural stealth structures including, but not limited to, sculptures, clock towers, and flagpoles of a size, type and proportions, and with design features consistent with the neighborhood and adjacent structures; then

(ii) Faux trees in a stealth design of a size, type and proportion consistent with nearby trees, and landscaped and located near other vegetation to blend in and appear part of the natural environment.

b. Tower-Mounted Equipment. All tower-mounted equipment shall be mounted as close to the tower as possible, or integrated within it to reduce its visual profile. Applicants shall mount nonantenna, towermounted equipment (including, but not limited to, remote radio units/heads, surge suppressors, and utility demarcation boxes) directly behind the antennas to the maximum extent feasible, and to the extent not inconsistent with a design under subsection (F)(6)(a) of this section.

c. Ground-Mounted Equipment. All equipment should generally be incorporated into the design of a tower proposed pursuant to subsections (F)(6)(a)(i) and (ii) of this section. Where that is not technically feasible, and unless undergrounded, applicants shall use a stealth design or may be permitted to conceal ground-mounted equipment with opaque fences or other opaque enclosures, consistent with subsection (F)(4)(a) of this section; provided, that the concealment can be maintained throughout the term of the permit. The City shall require, as a condition of approval, design and/or landscape features in addition to other concealment when necessary to blend the equipment or enclosure into the surrounding environment.

7. Public Rights-of-Way Facilities.

   • a. Limitation on Facilities Permitted. The only wireless communications facilities permitted in the public rights-of-way are:

     • (i) Modified facilities which shall be permitted pursuant to an eligible facilities request; or

(ii) Wireless communications facilities used in the provision of personal wireless services, which, absent a showing of effective prohibition, shall be small wireless facilities; or

(iii) Wireless communications facilities, or other wireless equipment or structures that the City shall permit a person holding a State or local franchise to install pursuant to that franchise.

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b. Structure Preference. The City’s preference for wireless communications facilities in the public rightof-way in order of preference is as follows:

• (i) Locate antennas on existing or replacement light poles and other vertical structures owned or controlled by City that City chooses to make available for placement of wireless communications facilities; then

• (ii) Locate antennas on existing or replacement supporting structures; then

(iii) New support structures or towers in the public rights-of-way.

• c. Wireless communications facilities in the public rights-of-way shall be designed in compliance with subsection (F)(4) of this section, except:

(i) Setback requirements applicable to private property do not apply (requirements for setbacks from curbs and walkways applicable to users of the public rights-of-way, as well as sight line requirements do apply);

(ii) Wireless communications facilities and any support structure shall satisfy the height requirements of this subsection (F)(7);

(iii) Fencing and enclosure requirements applicable to private property do not apply (requirements related to fencing required to prevent hazards to pedestrians or vehicles, as may be required by applicable design manuals, do apply).

d. Undergrounded Equipment. Applicants shall comply with applicable undergrounding requirements, including the requirements of Sections 32-08.03and 32-08.04. Vaults shall be installed as if the same were subject to regulation by the California Public Utilities Commission, and shall satisfy that agency’s safety standards.

e. Ground-Mounted Equipment. To the extent that the applicant qualifies for a deviation or exception from an undergrounding requirement, applicants shall only install the antenna and wiring on the support structure, or tower and all other equipment shall be ground-mounted, unless:

(i) Ground-mounted equipment cannot be installed consistent with other applicable requirements, including the encroachment conditions; or

(ii) Where part of an approved stealth facility, or if integrated into a design for a street light pole or other vertical structure which design conforms to, and is consistent with, the design of those facilities; or

(iii) Based on the permitted location, and available designs, placement of equipment on the support structure or tower will have a lesser overall impact on properties affected by the placement, and on pedestrian or vehicular use of the public right-of-way.

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f. In the event that the City approves ground-mounted equipment, the applicant shall conform to the following requirements:

(i) Self-Contained Cabinet or Shroud. City may require placement of the equipment in a cabinet or shroud to conceal equipment, or where appropriate to protect persons or property. The equipment shroud or cabinet shall contain all the equipment associated with the facility other than the antenna, or the meter, if one is required and cannot be integrated into the cabinet. All cables and conduits associated with the equipment shall be undergrounded to the supporting structure or tower.

(ii) Size. The equipment, excluding the meter and disconnect and including the cabinet, shall be the smallest size feasible but no larger than 16 cubic feet, and no higher than 50 inches above ground level, except that a larger size may be approved as part of a stealth design. Electrical meters, if required, and disconnects shall be the smallest possible size available.

(iii) Stealth Design and Concealment. The City may require the applicant to incorporate concealment elements into the proposed design, including but not limited to public art displayed on the cabinet, or to otherwise take steps to camouflage or minimize the visual impacts of the proposed design, including strategic placement in less obtrusive locations and placement within existing or replacement street furniture, or integration into the base of an existing or replacement supporting structure.

g. Pole-Mounted Equipment. Other than antennas, equipment mounted on the exterior of an existing or replacement support structure (referred to herein as “pole-mounted equipment”) is permitted if an applicant shows it is not required to install the equipment underground; that ground-mounted equipment is not required, or cannot be installed at a proposed location in a manner that complies with the requirements of this code; and applicant cannot integrate the equipment within an existing or replacement supporting structure approved by City. Pole-mounted equipment other than antennas shall be installed as close to the support structure as technically and legally feasible to minimize impacts to the visual profile, and positioned on one side of the pole to minimize visibility. If a facility shall be permitted in a residential area, the wireless communications facility shall be placed to minimize visibility from doors and windows of the residential properties closest to the wireless communications facility, and subject to other provisions of this code, to mimic other structures commonly mounted on utility poles. All required or permitted signage in the public rights-of-way shall face toward the street or otherwise be placed to minimize visibility from adjacent sidewalks and structures, except as inconsistent with the encroachment conditions in Chapter 32 of this code. All conduits, conduit attachments, cables, wires and other connectors shall be concealed from public view to the greatest extent feasible.

All required or permitted signage in the public rights-of-way shall face toward the street or otherwise be placed to minimize visibility from adjacent sidewalks and structures, except as inconsistent with the encroachment conditions in Chapter 32 of this code. All conduits, conduit attachments, cables, wires and other connectors shall be concealed from public view to the greatest extent feasible.

h. Antennas. Antennas shall be placed in a radome at top of the pole, so that the antenna appears to be an extension of, or a design element integral to, the supporting structure or tower, and so that the cable connections, antenna mount and other hardware are concealed, with cut-outs if required for signal propagation. The total volume of each antenna shall not exceed three cubic feet, not including the connector to the supporting structure. GPS antennas shall be placed within the radome or directly above the radome not to exceed six inches.

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i. Extensions of Structures and Antenna Height. To maintain consistency with the height of other, similar structures in the public rights-of-way, and as means of reducing and concealing the placement of an antenna, an antenna added to an existing supporting structure, or tower, including any extensions of that supporting structure or tower; or a replacement for an existing supporting structure or tower, may cumulatively add no more than four feet to the height of the existing structure, or the minimum amount required to obtain separation from electrical facilities on the pole. Provided, that City may permit a greater extension to street lights poles or other vertical structures that it owns or controls where that extension is consistent with the design of the supporting structures, and can be installed without adversely affecting the overall design of similar facilities in the same corridor.

m amount required to obtain separation from electrical facilities on the pole. Provided, that City may permit a greater extension to street lights poles or other vertical structures that it owns or controls where that extension is consistent with the design of the supporting structures, and can be installed without adversely affecting the overall design of similar facilities in the same corridor.

j. Pole-Mounted Equipment Cabinets. Except when integrated within a supporting structure or tower, all equipment other than the antenna(s) and disconnect switch shall be concealed within an equipment housing. Generally, all equipment other than the meter or disconnect associated with a wireless communications facility shall be enclosed in a single equipment housing, unless applicant demonstrates that an alternative design will be less visible and more consistent with other pole-mounted equipment in the same portion of the public right-of-way. The equipment housing on the exterior of any supporting structure shall be centered and placed on a single side of the structure. Equipment housing mounted on the pole shall be no greater than 15 inches wide and 15 inches deep so that the housing is not readily visible to a reasonable observer on the opposite side of the pole. Wider equipment housing units are permitted where, consistent with a stealth design, such as signage placed at an appropriate height (a stop sign, for example). Equipment housing shall be of a uniform depth, not exceeding 15 inches from the pole to which it is attached so that it appears, as far as possible, like part of the pole. All polemounted equipment shall be installed as flush to the pole as possible. Any standoff mount for the equipment cage may not exceed four inches and shall include metal flaps (or “wings”) to conceal the space between the cage and the pole. Sizes are intended to be cumulative, reflecting the sizes of the equipment housings for all wireless facilities installed on a particular supporting structure. Total volume of all equipment housing on any support structure and strand within 20 feet of the attachment shall not exceed 16 cubic feet.

k. Exterior mounted equipment housing shall be placed to avoid interfering or creating any hazard to any other use of the public rights-of-way, and with the lowest edge of any exterior mounted equipment at least eight feet above ground level. Equipment shall not project over any street unless above the level approved for placement of wires across streets.

l. Decorative Light Poles. Pole-mounted facilities are prohibited on decorative light pole fixtures where the height of the existing structure is 20 feet or less.

• m. Towers or New Supporting Structures. If a new supporting structure is permitted:

(i) City may require or approve installation of a light pole of a stealth design and consistent in height and appearance to other light poles in the corridor; provided, that the lighting is consistent with lighting plans for the area; and alternatively, the City may require or approve installation of a structure no higher than utility poles in the corridor in which it will be located, and if none, no higher than 35 feet.

pprove installation of a light pole of a stealth design and consistent in height and appearance to other light poles in the corridor; provided, that the lighting is consistent with lighting plans for the area; and alternatively, the City may require or approve installation of a structure no higher than utility poles in the corridor in which it will be located, and if none, no higher than 35 feet.

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(ii) Unless a stealth design can be reasonably used at the proposed location, the new support structure shall be a hollow, nonwood pole, in which all elements of the wireless communications facility other than antennas, undergrounded equipment, or equipment in approved groundmounted facilities may be concealed. It shall be colored and incorporate other elements, including camouflage and landscaping if appropriate at the location proposed, to minimize its visual impact.

(iii) City shall be permitted, at no charge, to attach and maintain traffic or similar signage or other devices; and City may require, as a condition of approval, sharing of the facility with others to minimize the need for additional facilities in the public rights-of-way.

n. Strand Mounting. Wireless communications facilities requiring a permit under this section may not be mounted on strand.

o. Nonreflective Finishes. All above-ground or pole-mounted equipment in the rights-of way shall be finished with nonreflective materials, colored or painted to match the structure to which it is attached, or as consistent with the concealment element for the facility.

8. General Conditions. In addition to the foregoing:

a. A wireless communications facility shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight or attractive nuisances.

b. The wireless communications facility shall not unreasonably impair or diminish views of and vistas from adjacent properties and designated scenic corridors.

c. The design of the facility shall be compatible with the neighborhood or community in which it is located. The City may consider factors that take into account the proposed facility in the context of its proposed location, which may include, but shall not be limited to, the proportionality and scale of the facility relative to the surrounding natural and/or constructed environment, the proximity of the facility to residential structures, the compatibility of the facility with uses on adjacent and nearby properties, and the effect, if any, on surrounding properties, the surrounding topography, the surrounding tree coverage and foliage, and the compatibility with the values and objectives expressed in the General Plan and any applicable specific plan.

constructed environment, the proximity of the facility to residential structures, the compatibility of the facility with uses on adjacent and nearby properties, and the effect, if any, on surrounding properties, the surrounding topography, the surrounding tree coverage and foliage, and the compatibility with the values and objectives expressed in the General Plan and any applicable specific plan.

9. Placement Preferences. The City has the following preferences. An applicant’s project plan shall show that it took these preferences into account and explain why a preferred placement or design was not used; or may show that because of the design proposed, its design and geographic placement will be more consistent with the overall goals of this section. A preferred design shall also be consistent with the other requirements of this section.

a. Preferences City-owned or controlled parcels outside of open space districts, residential zoning districts (R-E, R-1, R-2, R-3 and PC zones not governed by a specific plan) or the H-1, H-2, H-D, D-1 overlay zones; and other City-owned properties identified by the City as preferred by resolution. Within this area, preferred designs in order of preference are: (i) placement on existing towers off the public rights-of-way

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or on similar, large vertical structures, such as water towers; or within or upon existing supporting structures, other than buildings, in a stealth configuration; (ii) building-mounted facilities with rooftopmounted antennas; (iii) building-mounted facilities with facade-mounted antennas; (iv) new towers or supporting structures in a stealth design; (v) existing or replacement supporting structures (other than buildings) where the wireless facility can be camouflaged; (vi) placement on existing or replacement supporting structures (other than buildings) where the wireless communications facility is not stealth or camouflaged or a new nonstealth small wireless facility whose height above ground level is the lower of 35 feet or the height of the closest utility poles. The design choice between existing, replacement or new structures will be based on the overall visual impact of the facility on adjacent properties.

structures (other than buildings) where the wireless communications facility is not stealth or camouflaged or a new nonstealth small wireless facility whose height above ground level is the lower of 35 feet or the height of the closest utility poles. The design choice between existing, replacement or new structures will be based on the overall visual impact of the facility on adjacent properties.

b. Parcels and Public Rights-of-Way in Industrial Districts. Within this area, preferred designs in order of preference are: (i) placement on existing towers off the public rights-of-way or on similar, large vertical structures, such as water towers; or within or upon existing supporting structures (other than buildings) in a stealth configuration; (ii) building-mounted facilities with rooftop-mounted antennas; (iii) buildingmounted facilities with facade-mounted antennas; (iv) new towers or supporting structures in a stealth design; (v) existing or replacement supporting structures (other than buildings) on private property (including easements), or in the public rights-of-way where the wireless facility can be camouflaged; (vi) placement on existing or replacement supporting structures (other than buildings) where the wireless communications facility is not stealth or camouflaged or a new nonstealth small wireless facility whose height above ground level is the lower of 35 feet or the height of the closest utility poles. The design choice between existing, replacement or new structures will be based on the overall visual impact of the facility on adjacent properties.

c. Parcels and Public Rights-of-Way in Commercial Districts. Within this area, preferred designs in order of preference are: (i) placement on existing towers off the public rights-of-way or on similar, large vertical structures, such as water towers; or within or upon existing supporting structures (other than buildings) in a stealth configuration; (ii) building-mounted facilities with rooftop-mounted antennas; (iii) buildingmounted facilities with facade-mounted antennas; (iv) new towers or supporting structures in a stealth design; (v) existing or replacement supporting structures (other than buildings) on private property (including easements), or in the public rights-of-way where the wireless facility can be camouflaged; (vi) placement on existing or replacement supporting structures (other than buildings) where the wireless communications facility is not stealth or camouflaged or a new nonstealth small wireless facility whose height above ground level is the lower of 35 feet or the height of the closest utility poles. The design choice between existing, replacement or new structures will be based on the overall visual impact of the facility on adjacent properties.

structures (other than buildings) where the wireless communications facility is not stealth or camouflaged or a new nonstealth small wireless facility whose height above ground level is the lower of 35 feet or the height of the closest utility poles. The design choice between existing, replacement or new structures will be based on the overall visual impact of the facility on adjacent properties.

d. City-Owned or Controlled Parcels Other Than Those Listed in Subsection (F)(9)(a) of This Section. Within this area, preferred designs in order of preference are: (i) placement on existing towers or on similar, large vertical structures, such as water towers; or within or upon existing supporting structures (other than buildings) in a stealth configuration; (ii) building-mounted facilities with rooftop-mounted antennas; (iii) building-mounted facilities with facade-mounted antennas; (iv) new towers or supporting structures in a stealth design; (v) existing or replacement supporting structures (other than buildings) where the wireless facility can be camouflaged; (vi) placement on existing or replacement supporting structures

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(other than buildings) where the wireless communications facility is not stealth or camouflaged or a new nonstealth small wireless facility whose height above ground level is the lower of 35 feet or the height of the closest utility poles. The design choice between existing, replacement or new structures will be based on the overall visual impact of the facility on adjacent properties.

e. If the provider shows it shall be permitted to place the wireless communications facility in a nonpreferred area, the preferred designs in order of preference: (i) placement on existing towers off the public rights-of-way or on similar, large vertical structures, such as water towers; or within or upon existing structures in a stealth configuration; (ii) nonresidential building-mounted facilities with rooftopmounted antennas; (iii) nonresidential building-mounted facilities with facade-mounted antennas; (iv) existing or replacement supporting structures (other than buildings) on private property (including easements), or in the public rights-of-way where the wireless facility can be camouflaged; (v) new towers or supporting structures in a stealth design; (vi) placement on existing or replacement supporting structures (other than buildings) where the wireless communications facility is not stealth or camouflaged or a new nonstealth small wireless facility whose height above ground level is the lower of 35 feet or the height of the closest utility poles. The design choice between existing, replacement or new structures will be based on the overall visual impact of the facility on adjacent properties. Additionally, if the nonpreferred area is identified as a residential or historic district, placement in open space areas or the public rights-of-way adjacent to open space areas is preferred if the result is that the facility will be farther away from residences.

ice between existing, replacement or new structures will be based on the overall visual impact of the facility on adjacent properties. Additionally, if the nonpreferred area is identified as a residential or historic district, placement in open space areas or the public rights-of-way adjacent to open space areas is preferred if the result is that the facility will be farther away from residences.

10. Special Considerations for Certain Districts. In addition to satisfying the standards in this section, in certain districts and at certain locations, an applicant shall show that denial of an application will result in an effective prohibition or otherwise violate Federal law such that an application shall be approved and show that the design used and the placement will minimize the impact of granting the permit (these showings are referred to as an “effective prohibition showing”):

a. In H-1, H-2 and H-D overlay zones, any wireless communications facility shall be either a stealth facility, or a facility that is not visible to the general public (a rooftop facility, for example), and is subject to conditions that would prevent it from becoming visible to the general public as a matter of right. Any other placement requires an effective prohibition showing.

b. In any residential zoning district (R-E, R-1, R-2, R-3, and PC zones not governed by a specific plan), placement of a wireless communications facility requires an effective prohibition showing.

c. Placement of a wireless communications facility within 100 feet of any parcel either in the R-1 zoning district or in PC zones that cover Skyline Forest but not governed by a specific plan requires an effective prohibition showing.

d. In any portion of any district where there are no utility lines aboveground in the public rights-of-way, and no street lights or traffic signals, placement of a wireless communications facility requires an effective prohibition showing.

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e. For wireless communications facilities proposed for the public rights-of-way in any portion of any district (other than residential zoning districts -- R-E, R-1, R-2, R-3 and PC zones not covered by a specific plan) with aboveground street lights or traffic signals in the public rights-of-way, but no aboveground utility poles, an effective prohibition showing is required unless the City determines that the wireless communications facility will be integrated into those street lights or traffic signals in a manner consistent with the requirements of this code.

f. For wireless communications facilities proposed for the public rights-of-way, in order to avoid visual clutter, the wireless communications facility shall meet the following spacing requirement: no proposed wireless communications facility shall be placed in the public right-of-way within 250 feet in any direction from an existing facility unless required by Federal law.

g. Notwithstanding the foregoing, with respect to wireless communications facilities proposed for the public rights-of-way, an application may be granted if applicant shows that issuance of a permit is required by State law. To the extent applicant claims that its proposed facility would not incommode the public, City will consider factors relevant to that determination under State law, including whether it diminishes public use or enjoyment, either visual or physical, of the public right-of-way, or of adjoining properties.

G. Eligible Facilities Requests. This section applies to eligible facilities requests, as that term is defined under Federal law and applicable regulations.

1. Applications. Applications for eligible facilities requests shall contain the information required by subsection (E)(3)(a) through (s) and (u) and (v), and shall be submitted in the manner required for all other applications.

2. Justification. Without limiting the foregoing, the project plan for an eligible facilities request shall specifically list every element that shall be satisfied in order for a request to be an eligible facilities request under Federal law, and shall show that each element is satisfied.

3. Notwithstanding subsection (J)(2) of this section, an application submitted as an eligible facilities request shall be approved by the Director if the following findings are made:

   • a. That the application qualifies as an eligible facilities request;

   • b. That the proposed facility will comply with all generally applicable laws; and

   • c. The finding required by subsection (J)(3) of this section, if applicable.

4. If an application submitted as an eligible facilities request is not an eligible facilities request, it shall be denied and, in addition to the notice required by subsection (J)(4) of this section, the Director shall provide an incompleteness notice indicating what information is required for the applicable wireless application. The Director’s decision on an eligible facilities request application is final and not appealable.

• H. Abandoned or Decommissioned Facilities.

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1. Procedures for Abandoned or Discontinued Facilities.

   • a. To promote the public health, safety and welfare, the Director may declare a facility abandoned or discontinued when:

     • (i) The permittee notifies the Director that it abandoned or discontinued the use of a facility for a continuous period of 90 days; or

(ii) The permittee fails to respond within 30 days to a written notice sent by certified U.S. mail, return receipt requested, from the Director that states the basis for the Director’s belief that the facility has been abandoned or discontinued for a continuous period of 90 days; or

(iii) The permit expires, in the case where the permittee has failed to file a timely application for renewal.

b. If the Director declares a facility abandoned or discontinued, Director shall mail a notice of declaration to the last known address of permittee and the permittee shall have 90 days from the date of the notice (or longer time as the Director may approve in writing as reasonably necessary) to remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area.

• c. If the permittee fails to remove the facility as required by this subsection (H), the City may exercise any rights or remedies to abate the public nuisance pursuant to Chapter 22, Article 4, of this code, and exercise any other remedy allowed by law.

I. Transfer of Ownership. Within 30 days after a permittee transfers any interest in the facility or permit(s) in connection with the facility, the permittee shall deliver written notice to the City. Failure to submit the notice required herein shall be a cause for the City to revoke the applicable permits pursuant to Section 38-221, and to exercise any other remedy allowed by law. The written notice required in this section shall include: (1) the transferee’s legal name; (2) the transferee’s full contact information, including a primary contact person, mailing address, telephone number and email address; and (3) a statement signed by the transferee that the transferee shall accept all permit terms and conditions.

• J. Notices -- Findings -- Decisions.

  1. Notice Required for a Use Permit. The Planning Commission shall conduct a noticed public hearing in accordance with Section 38-159.

  2. Use Permit Findings. In addition to the findings required by Section 38-161, the Planning Commission may approve an application for a use permit if, based on the record, it finds:

     • a. The facility will comply with subsection (C) of this section, General Requirements; and

     • b. The facility satisfies the applicable design standards set forth herein; or

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• c. The applicant proves that denial would result in an actual or effective prohibition or otherwise violate applicable law, such that the City is required to permit applicant to install a wireless communications facility, and the wireless communications facility adheres to the design standards except to the minimum extent necessary to avoid an effective prohibition. By way of example, and not limitation, if applicant shows a larger antenna is required than is permitted under the design standards, application of this section would permit a larger antenna, but not placement of cabinets aboveground.

cations facility, and the wireless communications facility adheres to the design standards except to the minimum extent necessary to avoid an effective prohibition. By way of example, and not limitation, if applicant shows a larger antenna is required than is permitted under the design standards, application of this section would permit a larger antenna, but not placement of cabinets aboveground.

3. Additional Finding Required for All Applications Within the Monterey Regional Airport Influence Area. In addition to other findings required by this section, for a wireless communication facility located within the Monterey Regional Airport Influence Area, the Planning Commission shall find that the applicant has demonstrated the following: (a) applicant submittal to the FAA of the FAA Form 7460-1 Form, Notice of Proposed Construction or Alteration, or other written notification to the FAA of the proposed construction or alteration of any wireless communications facility in the AIA, except for minor alterations that do not have a potential to obstruct or pose a hazard to air navigation, navigational aids, or navigational facilities; (b) written authorization from the FAA or other official FAA determination of no objection to the proposed construction or alteration; and (c) compliance with all applicable FAA and FCC rules, regulations, and standards.

4. Written Denial Decision. If the application is denied, the City shall provide the applicant written notice of the denial decision that contains both the decision and the findings for the decision or indicates how a copy of the decision and the findings may be obtained.

5. Denials Without Prejudice. The Director may deny an incomplete application without prejudice to the applicant refiling, if the applicant has not provided all of the information required by notice(s) of incompleteness to permit the City to approve, approve with conditions, or deny the application, taking into account legal deadlines affecting the City conducting, or the public participating in, a timely review of the application. Such a denial may be appealed to the Planning Commission, but the appeal is limited to consideration of whether the application was properly denied for incompleteness and the decision of the Planning Commission is final and not appealable.

6. Appeals. Any interested party may appeal an action of the Planning Commission, except for any decision made pursuant to subsection (J)(5) of this section in accordance with Article 27 of this Chapter.

K. Independent Consultant Review.

1. Deposit. The applicant shall pay for the cost of any independent consultant retained by the City to review any issue or evidence submitted in connection with the application and for the technical consultant’s testimony in any hearing as requested by the City and shall provide a reasonable advance deposit of the estimated cost of such review with the City prior to the commencement of any work by the technical consultant. Once the deposit is reduced to 50 percent the applicant shall restore the fund to its original amount. Promptly upon issuance of the final decision on the application, City shall issue an invoice, showing as a credit against the amount owed the amount deposited; return any amounts deposited in excess of the invoice; and bill for any expense not covered by the invoice, which invoice shall be paid within 30 days.

• L. Additional Conditions of Approval for Wireless Use Permits.

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1. Standard Conditions for Use Permits. Generally, City shall include appropriate conditions consistent with other use permits it issues.

2. Permit Term. Any validly issued conditional use permit for a wireless communications facility will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, except when California Government Code Section 65964(b), as may be amended, authorizes the City to issue a permit with a shorter term. Provided, that:

• a. Permits for eligible facilities requests shall expire on the date the underlying permit expires.

b. Where City is required by Federal law or regulation to issue a permit, and the Federal law or regulation is changed, or declared invalid, it shall be a condition of the continuing validity of the permit that the City may amend the permit to include any condition that it could have included in the absence of the changed or invalid law or regulation. Alternatively, City may terminate the permit where the placement would not have been permitted. Provided, that a permittee will be provided a reasonable opportunity to show the Planning Commission that the wireless communications facility should be allowed to remain in place under then applicable laws and regulations.

3. Ongoing Compliance. City may inspect and test wireless facilities to ensure ongoing compliance with permit conditions, and charge the cost of the inspection to persons holding wireless permits for the facilities inspected. Testing and inspection may include, but is not limited to, testing to ensure compliance with RF exposure limits. Tests may be based on complaints received, or may be part of a regular testing and inspection program. Permittee shall, within 30 days of a request therefor, provide the City with access and information it may require regarding the wireless communications facility in order to inspect or conduct testing.

4. Disconnection. The permittee shall provide the City with access to the facility to disconnect it from power in an emergency.

5. Maintenance of Elements Designed to Reduce Visual Impacts. Without limiting the general obligation to maintain the site and facility, all concealment elements shall be maintained in a manner so that the concealment elements are not defeated. By way of example, if a stealth facility is approved, it shall be maintained so that color fading and damage do not result in changing the approved appearance of the facility. Likewise, requirements intended to camouflage or otherwise limit the visual impacts of a wireless communications facility, shall be maintained so that the effectiveness of the same is not diminished. By way of example and not limitation, if permittee is entitled to increase the size or number of ground cabinets, and the placement is subject to requirements designed to conceal cabinetry, the existing requirements will also be read to require concealment of the additional or larger cabinets.

6. Construction Period. Unless a permit specifically provides otherwise, in order to prevent applicants from applying for unnecessary facilities, or from stockpiling locations, it is a permit condition that a wireless communications facility shall be constructed and shall be in use for the provision of wireless services within 12 months of issuance of the use permit. The period may be extended by the Director for good cause shown.

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7. Modifications. No modification may be made to the approved facility without obtaining a permit required by this section.

8. Removal Upon Termination. Upon termination of the wireless permit, unless renewed, permittee shall remove the wireless communications facility and all improvements installed in connection with the facility (including but not limited to a supporting structure, or an extension to a supporting structure), and restore the site to a condition compliant with all applicable codes and consistent with the surrounding area.

M. Post Construction Reporting.

1. Permittee shall notify the City within 30 days of completion of construction of a wireless communications facility, and shall provide as-built plans showing all elements of the wireless communications facility and supporting structure as-built. The plans, without limitation, shall show the location of power and communication lines serving the facility, and the location of disconnect boxes. City shall promptly inspect the facility to ensure compliance with all permit conditions, and shall charge the permittee the costs thereof.

as-built plans showing all elements of the wireless communications facility and supporting structure as-built. The plans, without limitation, shall show the location of power and communication lines serving the facility, and the location of disconnect boxes. City shall promptly inspect the facility to ensure compliance with all permit conditions, and shall charge the permittee the costs thereof.

2. Within 30 calendar days following the activation of any wireless communications facility (including a modification that affects the RF emissions patterns of the wireless communications facility), the applicant shall provide a radiofrequency emissions compliance report to the City prepared and certified by a RF licensed engineer. The report shall be prepared in accordance with FCC guidelines and shall include the calculations and information on which the engineer relied. The report shall: clearly identify any differences between the facility as proposed and the facility as-built, including differences in areas where RF emissions exceed the FCC’s general and occupational levels, and any necessary mitigation measures. In addition, the report shall include:

• a. A certification of compliance with all mitigation measures required by the use permit.

• b. The date and time of the inspection, the methodology used to make the determination, including certification documents of test equipment.

• c. The name and title of the person(s) conducting the tests.

• d. Information on whether the levels of radiofrequency emissions comply with applicable FCC standards, and identify the source or sources of any noncompliance.

3. If the report shows that FCC general and occupational exposure levels are exceeded in areas that were not reported in the application; or that necessary mitigation measures have not been implemented; the permit for any wireless communications facility that bears responsibility in whole or in part for the noncompliance will be deemed suspended pending correction. As part of the suspension, general operations shall cease until the facility is brought into compliance, and mitigation measures implemented. If the City finds that the correction or mitigation either requires a change to the facility inconsistent with the use permit; or that the necessary mitigation measures would adversely affect the community in a manner not contemplated in the review of the application, it may require removal, relocation or modification of the wireless communications facility as a condition of ending the suspension, or take any other permitted enforcement action. The City may require applicant to provide additional reports, and may require additional

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independent technical evaluation of the wireless communications facility, at the applicant’s sole cost, to ensure compliance with FCC standards and to ensure appropriate mitigation measures have been implemented.

• N. Municipally Owned or Controlled Property and Supporting Structures.

1. Policy Statement. The City may negotiate agreements for use of City-owned or controlled property and supporting structures for the placement of wireless communications facilities, including street light poles in the rights-of-way. In exercising its decision to agree to access to a City property or supporting structure, the City will generally consider factors and consider designs consistent with this section. Any design shall be consistent with the supporting structure to be used, and result in no uncompensated cost to City. Without limitation, for example, the design for a wireless communications facility to be attached to a street light shall be consistent with designs in use along the corridor or (if more consistent with plans for the corridor) consistent with planned designs. Further, use will not be permitted if it requires the City to incur uncompensated costs, or accept risks or liability it would not otherwise face. Access will only be granted if it presents no safety issues, causes no harm to a structure, does not interfere with present or planned uses of the property or structure, and is in the City’s best interests as facilities owner. Subject to lawful limits imposed by State or Federal law, the agreement shall specify the compensation to the City for use of the property or structures. Except as prohibited by law, the person seeking the agreement shall additionally reimburse the City for all costs the City incurs in connection with its review of, and action upon, the person’s request for an agreement.

2. Requests for Use. A request for use of a City-owned property or structure may be submitted to Community Development Director. The request can be submitted before an application is submitted to the Planning Commission, so long as the requesting party agrees that the request does not trigger any shot clock with respect to any permit that may be required for deployment of the structure. Community Development Director is authorized to negotiate agreements for use of City-owned or controlled supporting structures, and to bring those agreements to the City for approval. Community Development Director may also issue a written denial of access, stating reasons therefore. If City receives multiple, conflicting requests for placement of wireless communications facilities for the same location from different entities, City may require consolidation of wireless communications facilities or allocate sites on any basis consistent with applicable law.

3. Compliance With RF Standards. No permit and no agreement for use of City-owned or controlled supporting structures, shall be issued or effective unless it is shown that the wireless communications facility will comply with Federal Communication Commission (“FCC”) regulations governing radiofrequency (“RF”) emissions. Every wireless communications facility shall at all times comply with applicable FCC regulations governing RF emissions, and failure to comply shall be a treated as a material violation of the terms of any agreement.

ffective unless it is shown that the wireless communications facility will comply with Federal Communication Commission (“FCC”) regulations governing radiofrequency (“RF”) emissions. Every wireless communications facility shall at all times comply with applicable FCC regulations governing RF emissions, and failure to comply shall be a treated as a material violation of the terms of any agreement.

4. Noninterference. Before a wireless communications facility is attached to City-owned or controlled supporting structure, the owner of the wireless communications facility shall submit a study showing that the attachment or modification will not interfere with then-existing or planned City uses of the structure,

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including communications uses. Any request for use shall include detailed drawings and specifications so that the City may determine whether there will be interference with City uses.

• O. Pre-Approval of Designs.

1. Alternative. A person who wishes to install a wireless communications facility with a design that does not comply with the design standards set forth in subsection (F) of this section, but who believes that the design is fully consistent with the goals of this section may submit a request for pre-approval of the design to the Planning Commission. A pre-approval request is not mandatory, and is not an application for a wireless communications facility within the meaning of this section, and shall be submitted with a clear statement that consideration of the request is not subject to any FCC shot clock or other mandatory timeline for action. The purpose of permitting the request is to encourage development of, and provide a means for public consideration of those designs.

2. Consideration. The proposed design will be publicly published, and the Planning Commission may conduct such investigations, and require the person requesting pre-approval to submit such information, and provide such mock-ups as may be necessary to evaluate the impact of the design. If, after a full opportunity for public hearing the Planning Commission finds that the design serves the goals of this section, it may recommend pre-approval to the City Council for the placement as a design permitted under subsections (F)(1) through (10) of this section. The recommendation may limit areas where the facility would be pre-approved for placement. The Planning Commission may also recommend elimination or modification of any preapproved design, after a public hearing where it finds that the design as adopted does not serve the purposes of this section.

3. Council Action. The Council may pre-approve the design by resolution. The design will be published. Council may also eliminate or modify a pre-approval.

P. Definitions. Except where otherwise expressly incorporated into a provision of the code, the following definitions only apply to this section, and shall not be construed to define the same terms found in any other section of this code.

“Accessory equipment” means any equipment associated with the installation of a wireless communication facility, including but not limited to cabling, generators, fans, air conditioning unit, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.

“ALUC” means the Monterey Airport Land Use Commission or successor agency.

“Antenna” means any system of wires, poles, rods, reflecting discs, dishes, whips or other similar devices used for transmission or receptions of electromagnetic waves. A device where the antenna is integrated with the radio unit shall be treated as an antenna.

“Base station” has the same meaning as the term used in 47 CFR Section 1.6100(b)(1), as may be amended, except that, to the extent not included within the FCC definition, the term includes accessory equipment.

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“Camouflage” means a wireless communications facility or supporting structure to which the applicant applies some concealment techniques in order to blend all or a portion of the facility or structure into the surrounding area or to appear to be an object that is congruent with its environment, but which is not designed to look like some feature other than a wireless communications facility to a reasonable person.

“City Manager” means the City Manager or the Manager’s designee.

“Community Development Director” or “Director” means the Community Development Director or the Director’s designee.

“CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, Section 5, or its duly appointed successor agency.

“Eligible facilities request” means the same as defined by the FCC in 47 CFR Section 1.6100(b)(3), as may be amended.

“Eligible support structure” means the same as defined by the FCC in 47 CFR Section 1.6100(b)(4), as may be amended.

“FAA” means the Federal Aviation Administration or its duly appointed successor agency.

“FCC” means the Federal Communications Commission or its duly appointed successor agency.

“Mock-up” means a temporary, full-sized, structural model built to scale chiefly for study, testing, or displaying a wireless communications facility. It is nonfunctional and has no power source.

“Modification” means a change to an existing wireless communications facility that involves a change to the size, physical configuration, appearance, height, weight or structural loading of the existing wireless

communications facility or its supporting structure, or which results in an increase in the noise emitted by the wireless communications facility. Modification does not include repair, replacement or maintenance if those actions do not involve a change to the size, physical configuration, appearance, height, weight or structural loading of the existing facility or its supporting structure, or result in an increase in the noise emitted by the wireless communications facility. Modification does not include removal unless the facility is replaced, and the replacement would constitute a modification.

“Mounted” means attached or supported.

“Public rights-of-way” means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved and dedicated to the general public for street, highway, alley, public utility or pedestrian walkway purposes, whether or not the land has been improved or accepted for maintenance by the City. Public right-of-way includes but is not limited to street, roadway, planter strip and sidewalk.

“Radome” means a weatherproofed enclosure (typically constructed from fiberglass or plastic material) that protects and conceals an antenna or antennas contained therein.

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“RF” means “radiofrequency” or electromagnetic waves between 30 kHz and 300 GHz in the electromagnetic spectrum range.

“Rooftop mounted” means mounted directly on the roof of any building or structure, above the eave line of such building or structure.

“Shot clock” means a timeline for action on an application for a wireless communications facility that is imposed by State or Federal law or regulations.

“Site” means the same as defined in 47 CFR Section 1.6100(b)(6), as may be amended.

“Small wireless facility” means the same as defined in 47 CFR Section 1.6002, as may be amended.

“Stealth” means a wireless tower or base station designed to look like some feature other than a wireless tower or base station to a reasonable person. Examples include, but are not limited to: (1) wireless equipment placed completely within existing architectural features such that the installation causes no visible change to the underlying structure; (2) new architectural features that match the underlying building in architectural style, physical proportion and construction-materials quality; (3) flush-to-grade underground equipment vaults with flush-to-grade entry hatches, with wireless equipment placed completely within.

“Supporting structure” means any structure, other than a tower, capable of supporting, or supporting a base station. An existing supporting structure is a structure in place at the time an application is filed; a replacement supporting structure is a structure that replaces an existing structure, which structure shall be removed; a new supporting structure is a structure other than a tower, that is not in place at the time an application is filed, and that will be constructed as part of the placement of the base station.

g supporting structure is a structure in place at the time an application is filed; a replacement supporting structure is a structure that replaces an existing structure, which structure shall be removed; a new supporting structure is a structure other than a tower, that is not in place at the time an application is filed, and that will be constructed as part of the placement of the base station.

“Temporary wireless communications facility” means a wireless communications facilities intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster requires additional service capabilities. Temporary wireless communications facilities include, without limitation, cells on wheels (COW), sites on wheels (SOW) and cells on light trucks (COLTs) or other similar wireless facilities: (1) that will be in place for no more than 60 days (or such other longer time as the City may allow); (2) for which required notice is provided to the FAA; (3) that do not require marking or lighting under FAA regulations; (4) that will be less than 100 feet in height; and (5) that will either involve no excavation or involve excavation only as required to safely anchor the facility, where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two feet.

“Tower” means the same as defined in 47 CFR Section 1.6100(b)(9), as may be amended.

“Transmission equipment” means the same as defined by the FCC in 47 CFR Section 1.6100(b)(8).

“Utility pole” means any wood, steel, concrete or other structure used primarily to support overhead electric or communications lines.

“Wireless” means any FCC-licensed or authorized wireless communication service transmitted over frequencies in the electromagnetic spectrum.

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“Wireless communications facility” means all elements of a facility at a fixed location used in connection with the provision of any FCC licensed or authorized wireless service to the public, including the base station and tower, if any, but excluding the supporting structure to which the base station is attached or within which it is enclosed. Provided, that the term does not include:

• a. Wireless devices entirely enclosed within an existing building outside of the rights-of-way, where installations do not require a modification of the exterior of the building.

b. Wireless devices attached to the exterior of a building, which would constitute an accessory use of the building permitted under this code, and where the wireless communications facility located on the exterior is less than three cubic feet in size.

• c. Amateur radio antennas (including ham and shortwave).

• d. Over-the-air reception devices (“OTARDs”) as defined in 47 CFR Section 1.4000 et seq., as may be amended or superseded.

e. Wireless communications facilities owned and operated by the City for its use, or by any governmental agency for its own or public safety uses.

f. The exemptions under subsections (c) and (d) of this definition do not apply to the extent the facility is used for any purpose, or integrates any wireless facility such that the entire facility is not required to be treated as an “amateur radio antenna” or an OTARD under FCC rules. By way of example, if an antenna is used in the provision of personal wireless services, it is not treated as an OTARD.

g. The exempt facilities remain subject to other provisions of the code. By way of example, and not limitation, a modification to an historic structure to install a wireless communications facility exempt under this provision of the code would be subject to review under other provisions of the code governing modifications to historic structures.

“Wireless service provider” means the FCC licensed or authorized entity offering wireless communication services to the public. (Ord. 3660 § 4, 2023)

A. Purpose. In accordance with California Government Code Section 65915 et seq. (State Density Bonus Law), this section specifies how compliance with State Density Bonus Law will be implemented. Specifically, the purpose of this section is to provide density bonuses, incentives, concessions, and waivers of development standards for the production of housing for very low-, low-, and moderate-income households, senior households, provision of daycare facilities, student housing, and donations of land, and for other housing types as provided by state law. In enacting this section, it is also the intent of the City to implement the goals, objectives, and policies of the City’s Housing Element of the General Plan.

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B. Definitions. In addition to the definitions in Section 38-11, the definitions found in State Density Bonus Law shall apply to the terms contained in this section and shall control where there is a conflict with the definitions in Section 38-11. “Incentives” include “concessions” as defined in State Density Bonus Law. If the definition of a term found in Section 38-11 conflicts with the definition of the same term found in State Density Bonus Law, then the definition in State Density Bonus Law shall control when applied to this section.

C. Application Requirements.

1. An applicant for a “housing development” as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory benefits that are provided by State Density Bonus Law when the applicant seeks and agrees to provide housing as specified in Government Code Sections 65915(b), (c), (f), (g), (h) and (v), or in Government Code Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with State Density Bonus Law.

2. The granting of a density bonus, incentive, or concession, pursuant to this section shall not be interpreted, in and of itself, to require a general plan amendment, development code amendment, zone change, other discretionary approval, or the waiver of a City ordinance or provisions of a City ordinance unrelated to development standards.

3. All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with and on a form provided by the Community Development Director, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete, consistent with Government Code Section 65943.

4. The application shall include the required fee and the following minimum information:

   • a. For a Requested Density Bonus.

(i) Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

(ii) Identification of subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.

(iii) Where the housing development is seeking an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.

(iv) Where a housing development is seeking a local density bonus under subsection (J) of this section, identification of which local density bonus incentive the housing development qualifies for

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and reasonable documentation demonstrating that the housing development is eligible for a bonus under that section.

(v) A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units.

(vi) The zoning and general plan designations and assessor’s parcel number(s) of the housing development site.

(vii) A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period; subject to any form of rent control through a public entity’s valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income.

(viii) If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.

(ix) The phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.

(x) A marketing plan for the affordable housing units, as well as an explanation of the methods to be used to verify tenant and/or buyer incomes and to maintain affordability of the affordable housing units. For a housing development with 20 dwelling units or more, the density bonus housing plan shall specify a financing mechanism for ongoing administration and monitoring of the affordable housing units.

rketing plan for the affordable housing units, as well as an explanation of the methods to be used to verify tenant and/or buyer incomes and to maintain affordability of the affordable housing units. For a housing development with 20 dwelling units or more, the density bonus housing plan shall specify a financing mechanism for ongoing administration and monitoring of the affordable housing units.

(xi) If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915(g) can be met.

b. Requested Incentives. Incentives are those defined by State Density Bonus Law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law. The application shall include the following minimum information for each incentive requested, shown on a site plan (if appropriate):

• (i) The City’s usual regulation and the requested regulatory incentive or concession.

(ii) Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

(iii) If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are

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compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.

c. Requested Waivers. For each waiver requested, the applicant shall include, shown on a site plan, and shown for each existing or proposed parcel, the City’s required development standard and the requested development standard.

d. Parking Reductions. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by subsections (C)(2) and (C)(3) of this section. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.

e. Density Bonus or Incentive for a Child Care Facility in a Housing Development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

f. Density Bonus or Incentive for a Condominium Conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

D. Local Coastal Program Consistency.

1. State Density Bonus Law provides that it shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (California Public Resources Code Section 30000 et seq.), and further provides that the granting of a density bonus or an incentive shall not be interpreted, in and of itself, to require a local coastal plan amendment.

2. For development within the coastal zone, any requested density bonus, incentive, waiver, or parking reduction shall be consistent with all applicable requirements of the certified City’s Local Coastal Program, with the exception of density.

• E. Application Review Process.

1. All requests under State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development, within the timelines prescribed by California Government Code Section 65950 et seq. or other statute. Appeals of the planning application in accordance with the requirements of Chapter 38, Article 27 of this Code shall include all requests under State Density Bonus Law if appeals are authorized for the discretionary or ministerial permit applied for.

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2. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law and the Coastal Act, if applicable, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of State Density Bonus Law, as applicable:

a. The housing development provides the housing required by State Density Bonus Law to be eligible for a density bonus and any incentives, parking reduction, or waivers requested, including housing required to replace units rented or formerly rented to very low- and low-income households as required by California Government Code Section 65915(c)(3).

b. If applicable, the housing development provides the housing required by State Density Bonus Law to be eligible for an additional density bonus under Government Code Section 65915(v)(1).

c. If an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

d. If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the incentives permitted.

e. The housing development is eligible for any requested parking reductions under Government Code Section 65915(p) or other statute.

f. If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.

g. If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.

h. If the housing development is in the coastal zone, the requested density bonus and any requested incentive, waiver or parking reduction is consistent with all applicable requirements of the certified Local Coastal Program.

3. The decision-making body will grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

a. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053; or

• b. The proposed incentive would be contrary to state or federal law; or

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• c. The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

4. The decision-making body will grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

   • a. The proposed waiver would be contrary to state or federal law; or

   • b. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

c. The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

5. If a child care center complies with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities.

6. A request for minor modification of an approved density bonus housing plan may be granted by the Community Development Director, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

• F. Affordable Housing Benefit Agreement.

1. If a density bonus, incentive, parking reduction, or waiver is approved pursuant to this section, the applicant shall enter into a binding affordable housing agreement or restrictive covenant, as described below, with the City, which sets forth the conditions and guidelines to be met in the implementation of State Density Bonus Law and that ensures compliance with all of the provisions of this section. The agreement will also establish specific compliance standards and remedies available to the City upon failure by the applicant to comply with State Density Bonus Law, this section, or the affordable housing agreement.

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2. For rental projects, the applicant shall enter into an affordable housing benefit agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee. The agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; shall specify the eligible occupants; shall specify phasing of the affordable units in relation to the market-rate units; shall describe the specific incentives, waivers, parking reduction, and additional density received along with any condition pertaining to them; and shall contain other relevant provisions approved by the City Attorney. Rents for the lower-income density bonus units shall be set at an affordable rent as defined in State Density Bonus Law.

3. For for-sale projects, the applicant shall enter into an affordable housing benefit agreement with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee. The affordable housing benefit agreement shall require that, the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or if any for-sale unit is not purchased by an income-qualified household within 180 days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified nonprofit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and shall contain other relevant provisions approved by the City Attorney. The City shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it is in conflict with the requirements of another public funding source or law. The affordable housing benefit agreement shall require the for-sale units remain available to and permanently affordable to persons and families of low or moderate income.

4. Where a density bonus, waiver or parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee, to require the housing development to be operated as “housing for older persons” consistent with state and federal fair housing laws.

r parking reduction is provided for a market-rate senior housing development, the applicant shall enter into a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City Manager, or their designee, to require the housing development to be operated as “housing for older persons” consistent with state and federal fair housing laws.

5. The executed affordable housing benefit agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development, whichever is earliest. The affordable housing benefit agreement shall be binding on all future owners and successors in interest.

• G. Density Bonus Calculations.

1. In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

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2. When calculating the number of affordable units needed to qualify for a given density bonus, any fractions of affordable dwelling units shall be rounded up to the next whole number.

3. Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v) or other provision of Density Bonus Law, each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

4. In determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law, units added by a density bonus are not included in the calculations. Any on-site units that satisfy the City’s inclusionary housing requirements in Section 8-1.00 et seq. of this code and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of State Density Bonus Law. Payment of fees in lieu of providing affordable units under the City’s inclusionary housing ordinance (Section 8-1.00 et seq. of this code) does not qualify a housing development for a density bonus.

5. The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by State Density Bonus Law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under State Density Bonus Law.

elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of affordable units required by State Density Bonus Law. Regardless of the number of affordable units, no housing development shall be entitled to a density bonus greater than what is authorized under State Density Bonus Law.

6. Nothing in this section requires the provision of direct financial incentives from the City for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives.

• H. Development Standards.

1. Building permits and final inspections or certificates of occupancy shall be issued concurrently for the market rate units and for any affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction, so that the affordable units comprise the required percentage of total units.

2. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.

3. To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the affordable units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.

I. Density Bonus for Commercial Development. A commercial development may request and receive a Development Bonus pursuant to the provisions of Government Code Section 65915.7.

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• J. Local Density Bonus.

1. Lot Consolidation. Multifamily housing projects that propose the consolidation of two or more legal parcels to create a single of lot of at least 0.50 acres may obtain a 10 percent density bonus independent from, and additional to, the provisions of State Density Bonus Law.

2. Two- and Three-Bedroom Units. Development projects that propose 70 percent of the total unit count to be two- and three-bedroom units may obtain a 10 percent density bonus independent from, and additional to, the provisions of State Density Bonus Law. Projects located in the Alvarado District of the Downtown Specific Plan and within the Pacific, Munras, and Cass Multifamily Overlay District (MF2) may receive one additional story in building height to facilitate achieving maximum densities.

unt to be two- and three-bedroom units may obtain a 10 percent density bonus independent from, and additional to, the provisions of State Density Bonus Law. Projects located in the Alvarado District of the Downtown Specific Plan and within the Pacific, Munras, and Cass Multifamily Overlay District (MF2) may receive one additional story in building height to facilitate achieving maximum densities.

3. Moderate-Income Units. Multifamily development projects that provide 40 percent of the project units for moderate-income household may obtain a 10 percent density bonus independent from, and additional to, the provisions of State Density Bonus Law.

4. One Hundred Percent Affordable Housing Developments. Multifamily housing projects meeting the criteria of Government Code Section 65915(b)(1)(G) may obtain a 50 percent density bonus independent from, and additional to, the provisions of State Density Bonus Law.

K. Interpretation. If any portion of this section conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this section to local, state, or federal codes, statutes, or regulations include successor provisions. (Ord. 3713 § 3, 2025; Ord. 3689 § 3 (Exh. A), 2024)

• A. General Requirements. All accessory dwelling units shall conform with the following:

  1. The parcel must be zoned to allow single-family or multifamily use.

  2. The parcel may contain the following number of accessory dwelling units:

a. Single-Family Dwelling. A parcel with an existing or proposed single-family dwelling may contain one of the following:

• (i) A new construction accessory dwelling unit may be developed as attached to or detached from the single-family dwelling.

(ii) An accessory dwelling unit within the walls of a proposed or existing single-family dwelling or within an existing accessory structure, including detached garages, may be developed if the unit has exterior access separate from the proposed or existing single-family dwelling; the side and rear

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setbacks are sufficient for fire and safety; and an expansion of the accessory structure for ingress and egress is not more than 150 square feet.

(iii) Both one accessory dwelling unit and one junior accessory dwelling unit may be developed on the same parcel with a proposed or existing single-family dwelling if the accessory dwelling unit is developed as either of the following:

  - A. A new construction, detached accessory dwelling unit up to 800 square feet in size, up to the allowed height in subsection (B)(4) of this section, and with a minimum of four-foot side and rear setbacks; or 

  - B. The accessory dwelling unit meets the standards of subsection (A)(2)(a)(ii) of this section. 

• b. Multifamily Dwelling. A parcel with a multifamily dwelling may contain one of the following:

  • (i) A parcel with a proposed or existing multifamily dwelling may construct one of the following:

    • A. One attached accessory dwelling unit meeting the standards of subsection (B) of this section; or

B. Up to two detached accessory dwelling units if the accessory dwelling unit does not exceed the allowed height in subsection (B)(4) of this section, and has at least four-foot side and rear setbacks.

• (ii) A parcel with an existing multifamily dwelling may contain accessory dwelling units converted from portions of the building that are not used as livable space. The number of accessory dwelling units permitted is equivalent to up to 25 percent of the number of existing, legally permitted multifamily dwelling units, or one, whichever is greater.

3. Prior to issuance of a building permit for an accessory dwelling unit, the property owner shall record a covenant in a form prescribed by the City Attorney, which shall run with the land and provide for the following:

a. The accessory dwelling unit(s) may not be sold separately from the existing or proposed singlefamily dwelling or multifamily dwelling; and

b. Neither the accessory dwelling unit(s) nor the junior accessory dwelling unit may be used for shortterm residential rentals of less than 30 consecutive days.

A copy of the recorded covenant shall be filed with the Building Division prior to issuance of a building permit.

4. Prior to issuance of a building permit for an accessory dwelling unit on those certain parcels identified as Monterey County Assessors Parcels: 013-231-027-000, 013-231-017-000, 013-231-018-000 and 013-231-028-000, the property owner shall provide the City with an avigation easement granted to the Monterey Regional Airport District or evidence that the parcel is no longer within the Monterey Regional Airport Land Use Compatibility Plan 65-, 70-, and 75-decibel Community Noise Equivalent Level boundaries.

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5. Exemptions.

   • a. Notwithstanding the development and design standards of this section, accessory dwelling units that meet the standards in subsection (A)(2)(a)(ii), (A)(2)(a)(iii)(A), (A)(2)(b)(i)(B), or (A)(2)(b)(ii) of this section are permitted.

b. Notwithstanding subsection (A)(3) of this section, a single-family dwelling and accessory dwelling unit that were developed by a qualified nonprofit, as that term is defined in and pursuant to California Government Code Section 65852.26, may be conveyed pursuant to a tenancy in common agreement that allocates an undivided, unequal interest in the property based on the size of the dwelling that each buyer occupies if the development and the transaction meet the requirements of California Government Code Section 65852.26.

6. Fire sprinklers shall not be required in the accessory dwelling unit unless fire sprinklers are required for the single-family dwelling or multifamily dwelling. Fire sprinklers shall not be required for an existing singlefamily dwelling or multifamily dwelling as a condition of the construction of an accessory dwelling unit.

7. An accessory dwelling unit or junior accessory dwelling unit conforming to the requirements of this section shall not be considered to exceed the allowable density for the parcel upon which the unit is located and shall be deemed to be a residential use consistent with the existing general plan and zoning designations for the parcel.

8. Accessory dwelling units and junior accessory dwelling units are prohibited in Airport Safety Zones 1 and 6, pursuant to the 2019 Monterey Airport Land Use Compatibility Plan.

9. An accessory dwelling unit or junior accessory dwelling unit conforming to the provisions of this subsection (A)shall be approved ministerially as provided in Section 38-153(B).

B. Accessory Dwelling Unit Development Standards. Except as otherwise provided in this section, all accessory dwelling units shall comply with the following development standards:

1. The accessory dwelling unit shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this Chapter. Notwithstanding this requirement, a nonconforming accessory dwelling unit may be permitted if:

• a. The accessory dwelling unit is contained in a structure that is unpermitted and/or nonconforming with zoning and/or State and local building code requirements and all of the following apply:

  • (i) The creation of an accessory dwelling unit does not expand or affect the nonconformity or the building code violations; and

  • (ii) The nonconformity does not pose a threat to public health and safety.

b. The unpermitted accessory dwelling unit was constructed prior to January 1, 2018, even if the accessory dwelling unit is nonconforming with local zoning, California Government Code Section 65852.2, and/or State and local building code requirements. However, the City can deny the application

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for an unpermitted accessory dwelling unit as described in this subsection if the building is deemed substandard under California Health and Safety Code Section 17920.3 or if the Building Official makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

c. The applicable provisions of this Chapter are inconsistent with the provisions of this section, in which case the standards of this section shall apply.

2. Floor Area.

a. No accessory dwelling unit shall be smaller than the size required to allow an efficiency unit pursuant to California Health and Safety Code Section 17958.1.

b. The floor area of an attached or detached accessory dwelling unit shall not exceed 850 square feet for a studio or one bedroom and 1,000 square feet for a unit that contains more than one bedroom.

3. Setbacks. Except as specified below, an accessory dwelling unit shall be required to comply with the setback requirements of the zone in which the unit is to be located.

a. No setback is required for an existing living area or an existing accessory structure converted to an accessory dwelling unit, or for a new accessory dwelling unit constructed in the same location and built to the same dimensions as an existing structure, except that:

• (i) An expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure is allowed solely for the purpose of accommodating ingress and egress.

(ii) Setbacks shall be sufficient for fire safety.

b. For all other accessory dwelling units, a setback of four feet is required from the rear and side property lines.

4. Height.

a. Attached Accessory Dwelling Unit. The height of an attached accessory dwelling unit shall not exceed 25 feet or the height limitation that applies to the single-family dwelling or multifamily dwelling, whichever is lower. However, the accessory dwelling unit may not exceed two stories.

• b. Detached Accessory Dwelling Unit. The height of a detached accessory dwelling unit shall not exceed the following:

  • (i) Sixteen feet on a lot with an existing or proposed single-family dwelling or multifamily dwelling;

(ii) Eighteen feet on a lot with an existing or proposed single-family dwelling or multifamily dwelling if the lot is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in California Public Resources Code Section 21155. The accessory dwelling unit may be up to 20 feet in height to accommodate a roof pitch on the

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accessory dwelling unit that is aligned with the roof pitch of the single-family dwelling or multifamily dwelling

• (iii) Eighteen feet on a lot with an existing or proposed multifamily, multistory dwelling.

c. Second Story Accessory Dwelling Unit Above Garage or Carport. If an accessory dwelling unit is attached to a detached garage or carport, then the accessory dwelling unit is a detached accessory dwelling unit. If a detached accessory dwelling unit exceeds the maximum permitted height set forth in subsection (B)(4)(b) of this section, the applicant may apply for an exception through the discretionary architectural review process pursuant to Article 25 of this Chapter if:

• (i) The total building height is 25 feet or less;

• (ii) The parcel is within the R-3 zone;

(iii) The garage or carport is detached from the single-family dwelling and is at the ground level of the accessory dwelling unit;

(iv) No windows or openings are permitted for that portion of the accessory dwelling unit that is closer than four feet to a property line; and

• (v) Any window parallel to an adjoining property line and closer than 10 feet shall be opaque.

5. Limits on lot coverage, floor area ratio, open space, front setbacks, and size cannot prevent the construction of a detached or attached accessory dwelling unit, with a maximum floor area of 800 square feet and minimum four-foot side and rear yard setbacks, if the proposed accessory dwelling unit is in compliance with all other development standards.

6. Access. An accessory dwelling unit shall have a separate entrance from other dwelling units.

7. Parking.

   • a. One additional parking space shall be provided per unit or per bedroom, whichever is less, which may be provided as tandem parking on an existing driveway, or in setback areas unless the Community Development Director makes specific findings that tandem parking and parking in setback areas is not feasible because of specific topographical conditions.

   • b. No parking may extend into a public sidewalk or public right-of-way.

   • c. Notwithstanding this provision, no additional parking may be required for an accessory dwelling unit, including an accessory dwelling unit that is being proposed along with a proposed single-family dwelling or multifamily dwelling, that is:

     • (i) Located within one-half mile walking distance of a public transit stop;

     • (ii) Located within one block of a car share vehicle pickup location;

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(iii) Located entirely within the proposed or existing single-family dwelling or multifamily dwelling or within an existing accessory structure;

• (iv) Located within an architecturally and historically significant historic district; or

• (v) Located on a parcel where on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.

d. If an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of or replaced by an accessory dwelling unit, the parking spaces do not need to be replaced.

8. Properties with Historic Overlay Zoning or Historic Zoning. Attached or detached accessory dwelling units on a parcel with an H-1 or H-2 designation shall:

a. Be located behind the historic structure, unless these requirements prevent creation of the accessory dwelling unit. If attached, the accessory dwelling unit shall be located at the rear of the main historic structure. If detached, new construction, the accessory dwelling unit shall be located 10 feet behind the rear of the main historic structure;

b. Notwithstanding the design standards below, not match the exterior finish of the historic building; and

• c. Be designed so that any new exterior door for the accessory dwelling unit is not facing the front yard, unless this requirement prevents creation of the accessory dwelling unit.

9. Water and Sewer. Accessory dwelling units shall not be permitted on a parcel where water or sewer services are inadequate. Water restrictions imposed by the State Water Resources Control Board’s cease and desist order demonstrate existing water sources are insufficient to meet any expansion of water demand and do not satisfy criteria for the adequacy of water and sewer services. Water credits or water entitlements may be available to offset additional demand for an accessory dwelling unit. The adequacy of water is determined by the Monterey Peninsula Water Management District (MPWMD). Verification of water credits from MPWMD is to be submitted at the time of building permit application.

C. Accessory Dwelling Unit Design Standards. Except as otherwise provided in this Chapter, all accessory dwelling units shall comply with the following design standards:

1. Colors and Materials. The accessory dwelling unit shall be constructed with materials identical in color, and identical in texture and appearance to the single-family dwelling or multifamily dwelling, including but not limited to roofing, siding, and windows and doors; and

2. Roof Pitch and Form. The accessory dwelling unit shall match the roof pitch and roof form of the singlefamily dwelling or multifamily dwelling in order to blend with the architecture of the single-family dwelling or multifamily dwelling. The applicant may apply for an exception through the discretionary architectural review process pursuant to Article 25 of this Chapter. The Planning Commission may grant such an exception if it finds that an alternative roof pitch and form design are compatible with the single-family or multifamily structure and neighborhood. (Ord. 3715 § 16, 2025)

single-family dwelling or multifamily dwelling. The applicant may apply for an exception through the discretionary architectural review process pursuant to Article 25 of this Chapter. The Planning Commission may grant such an exception if it finds that an alternative roof pitch and form design are compatible with the single-family or multifamily structure and neighborhood. (Ord. 3715 § 16, 2025)

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3. State and Local Building Code Requirements. The accessory dwelling unit shall conform to all applicable State and local building code requirements. The new construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code, as described in California Building Code Section 310 (Title 24 of the California Code of Regulations), unless the Building Official or enforcement agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety or the accessory dwelling unit is converted from unhabitable or nonresidential space.

D. Junior Accessory Dwelling Unit Development Standards. Junior accessory dwelling units shall conform with the following:

1. A junior accessory dwelling unit shall not exceed 500 square feet in size and shall contain at least an efficiency kitchen that includes cooking appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.

2. A junior accessory dwelling unit shall have a separate entrance from the entrance of the single-family dwelling.

3. The junior accessory dwelling unit may, but is not required to, include separate sanitation facilities. If separate sanitation facilities are not provided, the junior accessory dwelling unit shall share sanitation facilities with the single-family dwelling. If provided as part of the single-family dwelling, the junior accessory dwelling unit shall have direct access to the single-family dwelling so as to not need to go outside to access the bathroom.

4. Unless the property is owned by a governmental agency, land trust, or housing organization, one of the dwellings on the parcel must be the bona fide principal residence of at least one legal owner of the parcel, as evidenced at the time of approval of the junior accessory dwelling unit by appropriate documents of title and residency.

5. Prior to issuance of a building permit for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the City Attorney, which shall run with the land and provide for the following:

   • a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the singlefamily dwelling;

b. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section;

• c. A prohibition against renting the property for fewer than 30 consecutive calendar days; and

• d. A requirement that either the single-family dwelling or the junior accessory dwelling unit be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.

A copy of the recorded covenant shall be filed with the Building Division prior to issuance of a building permit.

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6. Parking is not required for junior accessory dwelling units. However, if an existing attached garage is replaced by a junior accessory dwelling unit, each removed parking space must be replaced with an off-street parking space that does not extend into the public right-of-way. If the proposed replacement parking is uncovered parking located in the driveway, the dimensions of the off-street parking space should at least be nine feet by 18 feet and the space may occupy any part of the driveway so long as it does not extend into the public right-of-way and is not located in the front yard setback.

7. Junior accessory dwelling units shall not be permitted on a parcel where water or sewer services are inadequate. Water restrictions imposed by the State Water Resources Control Board’s cease and desist order demonstrate existing water sources are insufficient to meet any expansion of water demand and do not satisfy criteria for the adequacy of water and sewer services. Water credits or water entitlements may be available to offset additional demand for a junior accessory dwelling unit. The adequacy of water is determined by the Monterey Peninsula Water Management District (MPWMD). Verification of water credits from MPWMD is to be submitted at the time of building permit application.

E. Utilities and Impact Fees.

1. Except as provided in subsection (E)(2) of this section, an accessory dwelling unit shall provide a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and the utility, unless the applicant has obtained a sewer lateral inspection performed by a licensed plumber demonstrating that the sewer lateral meets the City’s standards and specifications. Proof that the sewer lateral meets the City’s requirements shall be submitted on a sewer lateral inspection form provided by the City and completed by the professional who completed the inspection. A connection fee or capacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water submeters shall be required for the accessory dwelling unit, except that separate water meters shall be required for accessory dwelling units if and when California American Water is allowed to connect new water meters.

pacity charge may be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water submeters shall be required for the accessory dwelling unit, except that separate water meters shall be required for accessory dwelling units if and when California American Water is allowed to connect new water meters.

2. Junior accessory dwelling units and accessory dwelling units converted from the existing space of a single-family dwelling or accessory structure are exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges, unless the accessory dwelling unit is constructed within a new single-family dwelling.

3. All utility extensions shall be placed underground.

4. No impact fees may be imposed on an accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, “impact fees” include the fees specified in California Government Code Sections 66000 and 66477, but do not include utility connection fees or capacity charges. For accessory dwelling units that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the single-family dwelling or multifamily dwelling.

F. Process and Timing.

1. Permit Review. The City requires a building permit and, as applicable, any additional services permits, to create and serve an accessory dwelling unit or junior accessory dwelling unit.

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a. The City must approve or deny an application for a permit to create or serve an accessory dwelling unit or junior accessory dwelling unit within 60 days from the date that the City receives the completed application without discretionary review or a hearing, unless either:

• (i) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or

(ii) When an accessory dwelling unit or a junior accessory dwelling unit is submitted along with a permit application to create a new single-family dwelling or multifamily dwelling on the parcel, the City may delay approving or denying the permit application until the City approves or denies the permit application to create the single-family dwelling or multifamily dwelling; or

(iii) The applicant requests discretionary architectural review for a second story accessory dwelling unit above a detached garage or carport that exceeds the height limit pursuant to subsection (B)(4)(b) of this section and/or for alternative roof pitch/form, as provided in subsection (B)(4)(c) or (B)(2) of this section.

• b. If the City denies the permit application, the City will provide to the applicant within the 60-day review period a complete list of the application’s deficiencies and describe how the applicant can remedy the application.

• c. If the applicant applies for a demolition permit to demolish a detached garage or carport and a building permit to construct a detached accessory dwelling unit, the demolition permit and building permit for the detached accessory dwelling unit will be issued at the same time.

2. Mills Act. An accessory dwelling unit or junior accessory dwelling unit proposed on a property subject to a Mills Act contract pursuant to Government Code Section 50280 et seq. must comply with the provisions of the contract, including conformance to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, the United States Secretary of the Interior’s Standards for Rehabilitation, and the California Historical Building Code. (Ord. 3670 § 3, 2023; Ord. 3650 §§ 2 - 7, 2022; Ord. 3641 20, 2021)