§ 36.340

The standards of this Division are intended to:

A. Preserve the City’s scenic resources by encouraging retention of natural topographic features and vegetation;

B. Acknowledge that as the slope of a development site increases so does the potential for environmental degradation including slope failure, increased erosion, sedimentation and stormwater run-off; and

C. Encourage grading practices that are appropriate in hillside areas; and

D. Encourage structures on hillside parcels to be designed with scale, massing, architectural design and detailing appropriate to maintain hillsides in a natural, open character.

(Ord. No. 2108 § 1.)

A. Sloping sites. The standards in this Division apply to subdivisions, uses, structures, and to all other development on sites with an average of slope of 20 percent or greater.

B. Exceptions. The provisions of SPMC 36.340.050 (Hillside Project Development Standards) shall not apply to parcels within the AM (Altos de Monterey) overlay zone, which are instead subject to the requirements of SPMC 36.250.030 (Altos de Monterey (AM) Overlay District). Additionally, Hillside Project Development Standards shall not apply to parcels identified as potential suitable sites for affordable housing as listed in the Housing Element (Table VI-50 for the 2021-2029 (6th Cycle) Housing Element).

C. Determination of average slope. Average slope shall be determined by applying the following formula.

Average Slope 100 (I x L) Formula: S = A

Where:

S = Average natural slope in percent.

I = Contour interval in feet, at not more than 10 foot intervals, resulting in at least five contour lines being shown on the contour map.

L = The sum of the length of all the contour lines across the parcel in scale feet. See Figure 3-25.

A = The gross area of the building site in square feet.

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Figure 3-25. Measurement of Contour Line Length to Determine “L” in Slope Formula

D. Guest parking spaces. Section 36.340.050H applies only to properties located on the following streets in the Southwest Monterey Hills area of the city: Hanscom Drive, Peterson Avenue, Illinois Drive, Hill Drive, Harriman Avenue, Randolph Avenue, Hulbert Avenue, Elkins Street, Moffatt Street.

(Ord. No. 2108 § 1; Ord. No. 2166 § 1, 2007; Ord. No. 2386 § 5 (Exh. A), 2024.)

Development that is subject to this division shall require a Hillside Development Permit (SPMC 36.410.065) and Design Review (SPMC 36.410.040). The application shall include:

A. Basic application contents. All information and materials required by SPMC 36.400.040 (Application Preparation and Filing), and all additional materials required by the application contents handout provided by the Department for hillside development; and

B. Geotechnical report. A preliminary geotechnical report that identifies and proposes mitigation measures for any soils or geological problems that may affect site stability or structural integrity. Depending upon the site characteristics and project design, a final geotechnical report may also be required as part of a subsequent Building Permit application.

C. Constraints analysis. For properties that have sensitive environmental resources including endangered plants and animals, or a wildlife corridor designated by the City, a qualified professional approved by the Director shall prepare a site constraints analysis in compliance with SPMC 36.380.030. The report shall include proposed mitigation measures to effectively protect important biological features identified.

(Ord. No. 2108 § 1; Ord. No. 2183 § 15, 2009; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. 2348 § 3 (Exh. A), 2020.)

Proposed hillside development should satisfy as many of the following objectives as feasible, as determined through the Design Review process.

A. Terrain alteration. The project should be designed to fit the terrain rather than altering the terrain to fit the project. Development patterns that form visually protruding horizontal bands or steeply cut slopes for roads or lots shall be avoided. Large-scale slope terracing, cribwalls, or significant slope modification is discouraged. Where alteration of the terrain is necessary, contour grading techniques should be utilized to help achieve a natural appearing slope. (See Section 36.340.050.F and Figure 3-33.)

B. Street layout. Any new streets should follow the natural contours of the terrain to minimize the need for grading. Cul-de-sacs and loop roads are encouraged where necessary to fit the natural topography, subject to the approval of the City Engineer and Fire Chief.

C. Location of structures. Structures should be located in the most accessible, least visually prominent, and most geologically stable portion or portions of the site. They should also be oriented with the natural contours of the site. Siting structures in the least visually prominent locations is especially important on open hillsides where the prominence of construction should be minimized by placing structures so that they will be screened by existing vegetation, depressions in topography, or other natural features.

D. Site layout and structure design. Building and site design should utilize varying setbacks and structure heights, split-level foundations, and low retaining walls to blend structures into the terrain.

E. Architectural design.

1. Form. Building forms should complement the character of the hillsides and avoid massive structures that dominate views of the hills.

2. Scale and windows—Infill lots. The scale of homes proposed on infill lots should be compatible with buildings on adjacent parcels. Where feasible, windows, balconies, and outdoor living areas should be located to protect the privacy of adjacent homes and yards.

3. Exterior wall surfaces. The apparent size of exterior wall surfaces visible from off the site should be minimized through the use of single story elements, setbacks, overhangs, roof pitches, landscaping, and/or other means of horizontal and vertical articulation to create changing shadow lines and break up massive forms.

4. Roofs. Roof pitches should generally be placed to follow the angle of the slope; but with variations to avoid a monotonous appearance. See Figure 3-26.

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Figure 3-26. Design Sensitive to Terrain

Note: This diagram is intended to provide an example of building form, and is not intended to show a preferred architectural style.

5. Support structures. Support structures (for example, columns, pilings, etc.) below the lowest floor on the downhill side of a house, should be enclosed unless visible structural members are an integral feature of the architectural design. Support structure wall surfaces shall not exceed six feet in height.

F. View protection. New construction should not block views from other properties.

1. Where feasible, new structures and tall landscaping should not be placed directly in the view of the primary living areas on a neighboring parcel.

2. New structures should be placed on the lower areas of a hillside site.

3. Mechanical equipment may be placed on rooftops or below a deck only if the equipment is not visible from off the site, except for unobtrusive solar collectors that are compatible with the roof line and architecturally integrated with the structure.

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Figure 3-27. View Protection

G. Colors and materials. A mixture of materials, color, and forms should be used to blend structures with the natural appearance of the hillsides:

1. Based upon the graphic principle that dark colors are less noticeable than light colors, darker tones, including earth tones should be used for building walls and roofs on highly visible sites so that buildings appear to blend in with the natural terrain.

2. Surface materials should be appropriate for the architectural style of the structure and compatible with the hillside environment.

H. Exterior lighting. Night views of the hillsides should not be dominated by bright lights. Lighting within high-visibility areas should be properly shielded to avoid glare and the spill of light to surrounding areas. Low-level lighting and the use of multiple low profile fixtures is encouraged, as opposed to the use of fewer, but taller fixtures.

I. Retaining walls. Large retaining walls in a uniform plane shall be avoided. Retaining walls shall be divided into terraces with variations in plane and include landscaping to break up the length of walls and to screen them from view. No retaining wall shall be higher than six feet, and should incorporate a three-foot recessed offset feature every 30 feet, or other methods of articulation. Retaining walls more than three feet high that are visible from off the site should be screened with landscaping. See Figure 3-28.

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Figure 3-28. Retaining Wall Design

(Ord. No. 2108 § 1.)

A. Setbacks. Hillside developments shall comply with the following setback requirements, and with the limitations on the allowable uses of setbacks in SPMC 36.300.030(E)(3).

TABLE 3-10. HILLSIDE SETBACKS Property Setback Setback Distance d. The proposed development will not have significant adverse visual impacts due to modifications in structural design including height, bulk, size, foundation, siting, and landscaping that avoid or minimize the visual impacts of the development.

B. Setbacks between structures and toes/tops of slopes. On adjacent lots having a difference in vertical elevation of three feet or more, the required side yard shall be measured from the nearest toe or top of slope to the structure, whichever is closer. See Figure 3- 29.

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Figure 3-29. Side Setback Measurement

C. Height limitations. The maximum height for structures with a roof pitch of 3:12 or greater shall be 28 feet. If a roof pitch is less than 3:12, the maximum height shall be 24 feet.

1. Siting restrictions. Structures shall not be placed so that they appear silhouetted against the sky when viewed from a public street, except where the review authority determines that the only feasible building site cannot comply with this standard. See Figure 3-30.

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Figure 3-30. Silhouetted Structures

2. Placement below ridgeline. Except as provided by subsection (C)(3) of this section, structures shall be located so that a vertical separation of at least 50 feet is provided between the top of the structure and the top of the ridge or knoll to maintain the natural appearance of the ridge. Grading should also be avoided within 50 vertical feet of the top of a ridge or knoll. Placement of structures should also take advantage of existing vegetation for screening, and should include the installation of additional native plant materials to augment existing vegetation, where appropriate. See Figure 3-31.

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Figure 3-31. Location of Structures Below Ridgelines

3. Height limit above ridgeline. Where the review authority determines that a parcel contains no feasible building site other than where a structure will extend above the ridgeline, proposed structures shall not exceed a height of 16 feet above the highest point on the ridgeline or hilltop within 100 feet of the proposed structure.

4. Height of lowest floor level. The vertical distance between the lowest point where the foundation meets grade and the lowest floor line of the structure shall not exceed six feet.

5. Downhill building walls. No single building wall on the downhill side of a house shall exceed 15 feet in height above grade. Additional building height on a downhill side may be allowed in 15-foot increments, where each increment is stepped back from the lower wall a minimum of 10 feet (see Figure 3-32).

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Figure 3-32. Height Limit for Downhill Building Walls

D. Decks. No portion of the walking surface of a deck with visible underpinnings shall exceed a height of six feet above grade. Decks should be integrated into the architecture of the house, not appearing as an “add-on” to the primary building mass.

E. Driveways. The ramp to any garage or carport shall not have a grade steeper than five percent within 10 feet of the garage or carport entry. The finished grade of driveways shall not exceed an average of 15 percent.

F. Natural state. A minimum of 25 percent of the lot area plus the percentage figure of the average slope must be remediated to its natural state in terms of slope and vegetation.

G. Grading. Grading plans shall be prepared in compliance with the Municipal Code and the General Plan. Grading on slopes over 30 percent shall be permitted when sufficient technical information has been provided to support the determination that such development would have no negative impacts on the subject property, adjacent properties, or on the safety and welfare of the public. Grading shall utilize landform grading techniques. See Figure 3-33.

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Figure 3-33. Appropriate Grading

H. Southwest Monterey Hills guest parking spaces. The following guest parking space standards apply only to hillside properties (as defined in SPMC 36.340.020(A)) in the Southwest Monterey Hills area as defined by SPMC 36.340.020(D).

1. Required off-street guest parking spaces shall be provided in accordance with SPMC 36.310.040, Table 3-6 (Parking Requirements by Land Use). An application for a new house, or addition to an existing house that lacks the required off-street parking, shall provide details on the location and dimensions of required guest parking space(s), which shall be located perpendicular (or as close as possible to 90 degrees) to the right-of-way, and within or partially within the required front setback. If physical constraints preclude this location, the applicant shall provide written documentation of these constraints and provide the required off-street guest parking in the following order of preference:

a. Parallel to the street and at least 10 feet wide by 24 feet deep. Access to a parallel parking space shall not be impeded by landscaping, trees, retaining walls, fences, the alignment of the right-of-way, or any other obstacle. Clear access shall be permanently retained; or

b. Other locations as approved by the Director. (The onus is placed on the applicant to demonstrate to the satisfaction of the Director that such a location will be functional and allow vehicles to be parked with no portion encroaching into the right-of-way.)

2. Paving limits. Front yard paving limits as listed in SPMC 36.300.030(E)(3)(c) (Setback Measurement and Exceptions) shall be observed, except when the required guest parking space(s) can only be located in the front yard.

3. Slope. The slope of uncovered parking space(s) shall comply with the standards in SPMC 36.310.080(G)(2) (Parking Design Standards) and 36.340.050(E) (Hillside Project Development Standards).

4. Dimensions. Uncovered perpendicular spaces shall be at least nine feet wide by 18 feet deep. Uncovered parallel spaces shall be at least 10 feet wide by 24 feet deep.

5. Allowable materials. Parking space materials shall conform to the standards listed in SPMC 36.310.090(C)(2) (Driveways and Site Access).

(Ord. No. 2108 § 1; Ord. No. 2166, 2007; Ord. No. 2346 § 2 (Exh. A), 2020; Ord. No. 2348 § 3 (Exh. A), 2020.)

Division 36.350. Standards for Specific Land Uses

Sections:

36.350.010 Purpose of Division.

36.350.020 Applicability.

36.350.030 Adult Businesses.

36.350.040 Alcoholic Beverage Establishments.

36.350.050 Assisted Living Facilities.

36.350.060 Automated Teller Machine (ATMs).

36.350.070 Bed and Breakfast Inns (B&Bs).

36.350.080 Child Day Care Facilities.

36.350.090 Gas Stations.

36.350.110 Live/Work Units.

36.350.120 Repealed by Ordinance No. 2394.

36.350.130 Outdoor Dining.

36.350.140 Outdoor Display and Retail Activities.

36.350.160 Recycling Facilities.

— 36.350.170 Residential Uses Accessory Residential Structures and Private Residential Recreational Facilities.

— 36.350.180 Residential Uses Courtyard Housing.

36.350.190 Residential Uses—Multi-family Project Standards.

— 36.350.200 Residential Uses Accessory Dwelling Units (ADUs).

— 36.350.205 Residential Uses Private Sports Courts.

36.350.210 Telecommunications Facilities.

• 36.350.220 Warehouse Retail and Large Scale Commercial Projects.

36.350.230 Community Gardens.

36.350.240 Marijuana Businesses and Cultivation.

36.350.250 Emergency Shelters.

36.350.260 Single Room Occupancy (SRO).

— 36.350.265 Residential Uses Employee Housing.