Monterey Municipal Code Art. 17 REGULATIONS APPLYING IN ALL DISTRICTS Revised

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;

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.

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:

aNot more than one half the required width.

bNo deck for a second story unit in an R-3 District shall project into a side or rear yard adjoining an R-1 District.

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

dStairs 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.

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.

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)

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

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)

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)