Local zoning · Monterey

Monterey — Historic Preservation

Historic Preservation under the Monterey local zoning and planning code, with the controlling citations.

Last reviewed: July 6, 2026

Overview

Monterey regulates historic resources through Chapter 38 of the Monterey City Code (the Zoning Ordinance), primarily in Article 15: Historic Properties. Three historic overlays — the H-1 Landmark Overlay, H-2 City Historic Resource Overlay, and H-D Historic District Overlay — can be combined with any base zone shown on the City’s zoning map. A separate -D3 Historic Development Control overlay adds design controls where nearby historic resources could be affected. Together, these tools set when a Historic Permit is required, who decides, and what incentives can modify base zoning to protect historic fabric.

The single most important rule: Any Alteration or Demolition within the H-1 or H-2 overlays requires a Historic Permit and must be consistent with the Secretary of the Interior’s Standards; strong incentives allow modifying otherwise strict zoning if that better preserves the resource. See § 38-75.G–H and § 38-76.G–H.

Linking context: For base district rules, see the City’s zoning and land use pages. Approvals frequently coordinate with design review and other overlay districts. Historic incentives may adjust parking and signage standards, and some projects intersect with Monterey Nonconforming Uses or Monterey Variances and Exceptions. ADUs are regulated separately on the City’s ADU page.

How Monterey Defines and Finds “Historic”

  • Purpose of historic zoning: implement the General Plan’s Historic Preservation Element and neighborhood plans; preserve resources and their setting; and expand public awareness and participation. See § 38-72.
  • Key definitions in § 38-73 include: Adopted Survey List, Alteration (exterior and certain interior character-defining features), Contributing Resource, Intensive Survey, Reconnaissance Survey, and the Secretary of the Interior’s Standards.
  • Survey procedures in § 38-74a: Citywide Reconnaissance and more detailed Intensive Surveys, adoption/removal procedures, and maintenance of Reconnaissance and Adopted Survey Lists.

District-by-District Rules

H-1 Landmark Overlay (H-1)

  • Purpose and Where It Applies: Protects Monterey’s most significant resources, typically of statewide/national importance; may be applied without owner consent. Properties must meet National Register criteria (Bulletin 15); adobes before 1879 and legacy “H” sites may qualify even if integrity is below current standards. See § 38-75.A–C.
  • Map & Applicability: Combined with any base zone; shown by adding “H-1” to the base designation; can be applied to a portion of a lot if that captures the resource and setting. See § 38-75.B & E.
  • Historic Permit Triggers: A Historic Permit is required for any Alteration or Demolition; Article 15 provisions supersede the underlying zone where conflicts arise. Minor repairs consistent with the Standards may be approved administratively; other work requires a Historic Preservation Report and HPC action. See § 38-75.G.
  • Demolition Standard & Process: Demolition is discouraged and only allowed if (a) the resource is a non-feasible hazard, or (b) denial would deprive the owner of economically viable use after incentives; HPC holds a hearing and recommends to City Council, which makes the final decision. Appeals per Article 27; permits expire if not used. See § 38-75.b(1)–(4), (c), (d).
  • Incentives/Uses: By Use Permit, setbacks, parking and FAR may be modified; additional uses can be allowed (e.g., R-2/R-3 uses in R-1; C-O uses in R-3; C-1 uses in C-O; guest houses on sub‑8,000 sf lots in R-1/R-2; the historic use; or a public-access use). See § 38-75.H.
  • Maintenance Duty: Owners must keep H-1 resources in “good repair” to prevent deterioration. See § 38-75.I.
  • Practical note: Incentives can also coordinate with the State Historical Building Code and Mills Act tax agreements; contracts/easements may be conditions of approval. See § 38-75.H.1–2.

H-2 City Historic Resource Overlay (H-2)

  • Purpose and Where It Applies: Protects locally important resources recognized primarily within the Monterey Peninsula; generally requires owner consent to initiate, with a narrow legacy exception. See § 38-76.A–E.
  • Map & Applicability: Combined with any base zone; shown “H-2” appended to the base designation. See § 38-76.B.
  • Historic Permit Triggers: Article 15 supersedes the base zone where conflicts arise. Historic Permit required for Alterations/Demolition. Minor repairs may be approved by the Community Development Director if consistent with the Standards; otherwise HPC review and a Historic Preservation Report are required. See § 38-76.G.
  • Demolition Standard & Process: Same core findings as H-1 (hazard/non-feasible repair or loss of economically viable use despite incentives); HPC hearing and recommendation; City Council final decision; appeals per Article 27; Historic Permits expire if unused. See § 38-76.b(1)–(4), (c), (d).
  • Incentives/Uses: Use Permit may modify setbacks, parking, and FAR; may allow additional uses similar to H-1 (R-2/R-3 in R-1; C-O in R-3; C-1 in C-O; guest houses on small lots; historic use; public-access uses). See § 38-76.H.
  • Maintenance Duty: Owners must maintain H-2 resources in good repair. See § 38-76.I.

H-D Historic District Overlay (H-D)

  • Purpose and Where It Applies: Protects areas with a concentration of historic resources — both the individual resources and their historic setting. May be combined with any base district and shown as “H-D” appended to the base zone. See § 38-77.A–B.
  • Formation Procedure: Requires a preliminary report (boundaries, context, contributing resources, potential regulations/guidelines), public workshops, an Intensive Survey, and adoption of a District Preservation Plan. Districts may be based on H-1 or H-2 criteria. See § 38-77.C.
  • District Preservation Plan: May adopt precise standards that are more or less restrictive than the underlying zone, including design, mass, height, walls, lighting, driveway locations, parking standards, landscaping, signs, and related public improvements, supported by findings that they are necessary to preserve the district’s goals and setting. See § 38-77.C.4.f.

D3 Historic Development Control Overlay (-D3)

  • Purpose and Where It Applies: Requires Planning Commission approval for all new construction, exterior alteration, or additions on a site that could affect a designated historic building or site; conditions may be more restrictive than the base zone to preserve setting and compatibility. See § 38-66–38-68 (D3).
  • Review Flow: Two-part review — Planning Commission concept review, with Historic Preservation Commission advisory recommendation in D3, followed by final Development Review Committee/Architectural Approval steps in Article 24/25. Appeals available. See § 38-68.
  • Typical Conditions: Architectural design, mass, bulk, height, lighting, driveways, parking landscaping, signs, landscaping, and related public improvements to protect adjoining or nearby historic resources. See § 38-67(C).

Properties Without Historic Zoning (but on a Survey List)

  • Applicability: If your property is on the Reconnaissance or Adopted Survey List, or the Director finds potential eligibility, § 38-74b applies unless exclusions in that section apply.
  • Alterations: Director first checks conformance with the Secretary’s Standards. If conforming, proceed with the regular review; if not, an Intensive Survey may be required, and the project may need design review under Article 25 and HPC recommendations to the decision-maker. See § 38-74b.D.
  • Demolition: Requires an Intensive Survey; HPC may recommend a City Council-approved delay up to 180 days to explore alternatives, zoning incentives, or H-1 initiation for top-tier resources; demolition permits are issued concurrently with the replacement building permit after any delay. See § 38-74b.E.

Quick Comparison: Historic Overlays and Key Triggers

District Purpose Historic Permit required for Demolition threshold Decision-maker(s) Code Reference
H-1 Landmark Highest-significance resources; may be applied without owner consent Any Alteration or Demolition Only if hazard/non-feasible repair, or denial removes economically viable use after incentives HPC hearing; City Council final on Demolition § 38-75.G–H; § 38-75.b(1)–(4)
H-2 City Historic Resource Locally significant resources; owner consent to initiate (with legacy exception) Any Alteration or Demolition (minor repairs may be Director-approved) Same two-prong test as H-1 HPC hearing; City Council final on Demolition § 38-76.A–D, G–H; § 38-76.b(1)–(4)
H-D Historic District Areas with a concentration of resources and defined setting As specified in District Preservation Plan; Plan may adjust underlying standards Per adopted district rules and applicable H-1/H-2 criteria As assigned in district adoption § 38-77.A–C (esp. C.4.f)
-D3 Overlay Protects nearby designated historic resources from incompatible work New construction, exterior alterations/additions affecting historic sites N/A (design-control overlay) Planning Commission; HPC advisory in D3 § 38-66–38-68; D3 text

Additional Uses and Zoning Flexibility for Historic Properties

Overlay Examples of Additional Uses by Use Permit Zoning Flexibility Other Incentives Code Reference
H-1 R-2/R-3 uses on R-1 lots; C‑O uses in R‑3; C‑1 uses in C‑O; guest houses on R‑1/R‑2 lots < 8,000 sf; establishment of the “historic use”; public-access uses Modify setbacks, parking, and FAR by Use Permit if it preserves the setting or reduces impacts Eligibility for State Historical Building Code, Mills Act, City grants; preservation easements/contracts may be required § 38-75.H.1–2
H-2 Same menu as H-1 (case-by-case) Same as H-1 Same as H-1 § 38-76.H.1–2

Note: Sign standards, if adjusted, must still coordinate with the City’s signage rules where applicable.

Checklist

  • Confirm your parcel’s base zone and whether it carries an H-1, H-2, H-D, or -D3 overlay on the City zoning map.
  • If not zoned historic, check whether your property is on the Reconnaissance or Adopted Survey List; if so, § 38-74b applies.
  • For any work within H-1/H-2 (or within an H-D district): determine if it is a minor repair; otherwise prepare a Historic Permit application and a Historic Preservation Report aligned with the Secretary’s Standards.
  • If within an H-D district, design to the District Preservation Plan (which may change height, massing, parking, landscaping, and signage standards).
  • If in -D3, prepare for Planning Commission concept review with HPC advisory, followed by design review under Article 25.
  • For Demolition: anticipate HPC hearing, City Council decision, and strict findings; in non‑historic‑zoned survey properties, expect possible 180‑day delay to evaluate alternatives.
  • Explore incentives (Use Permit to modify setbacks/parking/FAR; additional uses; Mills Act; State Historical Building Code) if they improve preservation outcomes.
  • Keep the resource in “good repair” (ongoing maintenance duty in H-1/H-2).
  • For non-zoning matters (building standards, energy, disabled access), see the California Building Standards Code. For state housing mandates, see California housing laws.

Risks & Ambiguities

Issue Why it matters What to verify
Is my project a “minor repair”? Minor repairs can be Director-approved; anything more triggers HPC review/report. Whether the scope has “no adverse impact” per the Standards; Director’s determination under § 38-75.G or § 38-76.G.
Am I on a Survey List? Triggers § 38-74b review and possibly an Intensive Survey, design review, or demolition delay. Current Reconnaissance/Adopted Survey List status and any 5‑year survey updates in § 38-74a–b.
How strict are demolition findings? H‑1/H‑2 demolition is rare; denial is likely absent hazard or loss of viable use after incentives. Ability to meet findings in § 38-75.b(4) or § 38-76.b(4); Council is final.
Which rules control in H-D? District Preservation Plans can override base standards (height, massing, parking, signage). The adopted H‑D Plan standards and findings under § 38-77.C.4.f.
Do D3 conditions affect my non-historic property? Yes, if your project could affect a nearby designated resource. Whether your site has a -D3 designator and required PC/HPC steps in § 38-66–38-68.
Can I trade flexibility for preservation? Use Permits can modify setbacks/parking/FAR and allow additional uses to save a resource. The nexus to preservation and required findings in § 38-75.H or § 38-76.H (traffic/parking impacts not detrimental; alignment with a Historic Preservation Report).

Plain-English Summary

If your Monterey property is historic (H-1 or H-2) or sits in an H-D district, you need a Historic Permit for most exterior work and sometimes key interiors. Plans must follow the Secretary’s Standards and often go to the Historic Preservation Commission, with the City Council deciding demolitions. The City offers meaningful flexibility — including extra uses and relaxed setbacks/parking — when that better preserves the resource.

Source References

  • § 38-72 (Historic zoning purposes) — Ch. 38 Zoning Ordinance.
  • § 38-73 (Historic definitions, including Alteration, Surveys, Secretary’s Standards).
  • § 38-74a (Survey procedures; Lists adoption/removal).
  • § 38-74b (Properties without historic zoning; alteration/demolition review; 180‑day delay).
  • § 38-75 (H‑1 Landmark Overlay: criteria, permits, demolition, incentives, maintenance).
  • § 38-76 (H‑2 City Historic Resource Overlay: consent rules, permits, demolition, incentives, maintenance).
  • § 38-77 (H‑D Historic District Overlay: adoption and District Preservation Plan).
  • §§ 38-66–38-68 (D Overlays; D3 historic development controls; PC/HPC roles).

Sources

Retrieved passages

  • Monterey Zoning Code (Article 26) High relevance
  • CBC § 1 (Section the) High relevance
  • Monterey Zoning Code (§ 24) High relevance
  • Monterey Zoning Code (§ 1) High relevance
  • Monterey Zoning Code (§ 19) High relevance
  • Monterey Zoning Code (Article 26) High relevance
  • Monterey Zoning Code (section are) High relevance
  • Monterey Zoning Code (Article 15) High relevance

Cited sections

  • § 38-72 (Historic zoning purposes) — Ch. 38 Zoning Ordinance. (§ 38-72)
  • § 38-73 (Historic definitions, including Alteration, Surveys, Secretary’s Standards). (§ 38-73)
  • § 38-74a (Survey procedures; Lists adoption/removal). (§ 38-74a)
  • § 38-74b (Properties without historic zoning; alteration/demolition review; 180‑day delay). (§ 38-74b)
  • § 38-75 (H‑1 Landmark Overlay: criteria, permits, demolition, incentives, maintenance). (§ 38-75)
  • § 38-76 (H‑2 City Historic Resource Overlay: consent rules, permits, demolition, incentives, maintenance). (§ 38-76)
  • § 38-77 (H‑D Historic District Overlay: adoption and District Preservation Plan). (§ 38-77)
  • §§ 38-66–38-68 (D Overlays; D3 historic development controls; PC/HPC roles). (§ 38-66)
  • Monterey_ZoningCode.md

Frequently asked questions

What is the difference between H-1 and H-2 in Monterey?

H-1 protects the City’s highest-significance resources and can be applied without owner consent; H-2 protects locally significant resources and typically requires owner consent to initiate. Both require Historic Permits for Alterations/Demolitions and use the Secretary’s Standards; both offer incentives to modify setbacks, parking, and FAR via Use Permit. See § 38-75.A–D, G–H and § 38-76.A–D, G–H.

Do I need a Historic Permit to change windows on my H-2 home?

Likely yes, unless the work is a “minor repair” consistent with the Secretary’s Standards and approved by the Community Development Director. Otherwise, you’ll need a Historic Preservation Report and HPC review before a Historic Permit can be issued. See § 38-76.G.

Who decides on demolition of an H-1 or H-2 resource?

The Historic Preservation Commission holds a noticed hearing and recommends action; the City Council makes the final decision. Demolition can only be approved if strict findings are met (hazard with no feasible repair, or denial would remove economically viable use after incentives). See § 38-75.b(1)–(4) and § 38-76.b(1)–(4).

What happens if my property is only on a survey list (not H-1/H-2)?

Alterations are first checked by the Director for conformance with the Secretary’s Standards. If not conforming, an Intensive Survey and design review may be required, and HPC may provide recommendations; demolition may face up to a 180‑day delay to explore alternatives. See § 38-74b.D–E.

Can historic incentives let me add uses not normally allowed in my zone?

Yes. By Use Permit, H‑1/H‑2 properties can add specific residential or commercial uses (e.g., R‑2/R‑3 in R‑1; C‑O in R‑3; C‑1 in C‑O), a guest house on certain small lots, the historic/original use, or a public-access use; the City also may modify setbacks, parking, and FAR to preserve the resource. See § 38-75.H and § 38-76.H.

What is an H-D Historic District Plan allowed to change?

The District Preservation Plan can set precise standards that are more or less restrictive than the base zone, including building mass/height, parking, landscaping, walls, lighting, driveways, signs, and public improvements if needed to preserve the district’s setting and objectives. See § 38-77.C.4.f.

How does the -D3 overlay affect my project near a historic site?

-D3 requires Planning Commission approval for work that could affect a designated historic site and allows more restrictive conditions (e.g., mass/height, lighting, access) to ensure compatibility; the HPC gives an advisory recommendation at concept review. See §§ 38-66–38-68.

Do I have to maintain a designated historic property?

Yes. Owners of H‑1 and H‑2 resources must keep them in “good repair” to prevent deterioration that could threaten the resource’s integrity and use. See § 38-75.I and § 38-76.I.

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