Sec. 38-22. R-E Residential Estate District.
A. Description.The R-E Residential Estate District is intended to provide opportunities for single-family detached homes on large parcels in neighborhoods at densities ranging from less than two dwelling units per acre and to eight units per acre. A second number, “-20,” “-30,” etc., indicates the minimum lot area and dimensions and the property development standards that apply. Supporting recreational, religious, educational, and community facilities are also allowed.
B. Land Use Regulations.In the following schedule, the letter “P” designates use classifications permitted in the R-E district and the letter “U” designates use classifications allowed on approval of a Use Permit. The “Additional Regulations” column includes certain limitations on allowable uses and references to regulations located elsewhere in this chapter which apply. If a use classification is not listed, it is prohibited.
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Additional Regulations |
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Residential Uses |
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Single-family Residential |
P |
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With more than one kitchen |
U |
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With boarders or lodgers |
P |
Rooms shall not contain kitchen facilities. |
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Day Care, Ltd. |
P |
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Employee Living Quarters |
U |
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Guest House |
U |
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Residential Care, Ltd. |
P |
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Supportive Housing |
P |
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Transitional Housing |
P |
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Accessory Dwelling Units |
P |
See Section 38-112.6 |
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Junior Accessory Dwelling Units |
P |
See Section 38-112.6 |
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Public and Semi-public Uses |
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Day Care, Large Family |
U |
See Section 38-26(J) |
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Park and Recreation Facilities |
U |
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Public Safety Facilities |
U |
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PWS Facilities |
U |
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Religious Assembly |
U |
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Residential Care, General |
U |
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Schools, Public or Private |
U |
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Utilities, Major |
U |
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Utilities, Minor |
P |
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Accessory Uses |
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Permitted on the site of a permitted use, but requires a Use Permit if added on the site of a conditional use, and includes garages, garden sheds, greenhouses, storage sheds, and covered patios. Bath facilities are limited to a half bath, and a full bath is not permitted. |
See Section 38-26 |
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Temporary Uses |
Require administrative approval by the Community Development Director |
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Nonconforming Uses |
See Article 28 |
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P = Permitted U = Use Permit Required |
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(Ord. 3653 § 19, 2022; Ord. 3641 § 7, 2021; Ord. 3560 § 3, 2017; Ord. 3554 § 3, 2016; Ord. 3495 § 2, 2014; Ord. 3472 § 1, 2012; Ord. 3443 § 5, 2010)
C. Minimum Lot Dimensions.The following schedule describes minimum lot dimensions for the R-E District. The minimum lot size is indicated by a -200, -120, -40, -30, or -20, as the case may be. This number refers to the minimum lot area required in thousands of square feet.
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Minimum Lot Area (sq.ft.) |
Minimum Lot Width (ft.) |
Minimum Lot Depth (ft.) |
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|---|---|---|---|
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R-E5A |
Five acres |
200 |
200 |
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R-E-200 |
200,000 |
200 |
150 |
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R-E-120 |
120,000 |
200 |
150 |
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R-E-40 |
40,000 |
125 |
125 |
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R-E-30 |
30,000 |
100 |
100 |
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R-E-20 |
20,000 |
90 |
100 |
D. Property Development Standards.Property development standards that apply to new construction or alterations and additions in the R-E District are shown below:
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1. Minimum Yards (in feet): |
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a. Front |
35 (a) |
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b. First-Story Side |
(b) |
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c. Corner Side |
(c) |
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d. Second-Story Side |
(d) |
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e. Second-Story Corner Side |
(e) |
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f. Rear |
35 (f) |
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2. Maximum Lot Coverage (Percent) |
35% |
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3. Maximum Floor Area Ratio (FAR) |
40% (g) |
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4. Maximum Height (stories/ft.) |
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a. Dwellings |
2-1/2 stories and 30 ft. |
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b. Accessory Structures |
One story and 12 ft. |
aThe minimum front yard setback of any garage, carport, or parking pad is 35 feet from the front property line.
bA combined total of 20 percent of the lot width may be varied along the length of a structure with a minimum setback of 15 feet. Combined side yard setbacks shall be measured along lines parallel to the front property line. Side yard setbacks for nonrectangular sites shall be computed using an average of the front and rear property lines.
c20 percent of the lot width but not more than 25 feet.
dA combined total of 30 percent of the lot width may be varied along the length of a structure with a minimum setback of 15 feet. Combined side yard setbacks shall be measured along lines parallel to the front property line. Side yard setbacks for nonrectangular sites shall be computed using an average of the front and rear property lines.
e25 percent of the lot width but not more than 30 feet.
fOn lots less than 100 feet in depth, minimum setback shall be 20 percent of lot depth, but not less than 10 feet.
gExcluding up to 250 square feet of a garage that is not occupied by any appliance, equipment, mechanical system, work bench, or built-in fixture, carports, decks, uncovered patios, and landscaping areas.
5. Off-Street Parking.
a.Number of Off-Street Parking Spaces Required:
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Single-Family Dwelling |
2, including 1 covered. |
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Guest House |
1 |
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Other use classifications |
See Article 17. |
b. Parking of Vehicles in Required Front Yard Setback Other than Driveway Apron.On substandard lots less than 5,000 square feet and on lots with a street front footage of less than 50 feet, parking in the front yard setback area shall be limited to the driveway apron in front of covered parking and in front of any required open parking space. There shall be no parking in the front yard setback on non-driveway apron areas.
On lots of a size 5,000 square feet or greater and on lots with a street front footage of 50 feet or greater, parking in the front yard setback shall be limited to the driveway apron in front of covered parking and in front of any required open parking space. The driveway apron in the front yard setback area shall not be widened more than an additional 10 feet and shall not be closer than 3 feet to a side property line. The 3 foot area between the driveway apron and the side property line shall be landscaped. This widening shall be done with a paved surface like the existing driveway apron or alternative paving surfaces which have been reviewed and approved by staff. Additional improved parking area may be considered by staff where a hardship based on lack of on-street parking, topography, or natural features such as trees can be found. There shall be no parking in the front yard setback on non-driveway apron areas.
c. Location of Garage Door.On corner lots, a garage opening facing a street-side property line shall be set back 20 feet.
6.Supplemental Regulations and Exceptions for Substandard Lots:
See Section 38-26: Supplemental and Regulations Applicable in R Districts and Article 17: Regulations Applying in All Districts
7.Supplemental site regulations applicable to all R districts are included in Section 38-26.
These establish requirements for accessory structures, front yards, religious assembly yard requirements, exterior materials, fences and retaining walls, swimming pools and hot tubs, and manufactured homes.
8.Nonconforming Structures: See Article 28.
9.Supplemental regulations applicable to all zoning districts in the City are contained in Article 17, and off-street parking requirements are found in Article 18
10. Fences and Walls.The maximum height of a fence or wall shall be six feet, except in required front or side yard adjoining a street of a reverse corner lot, where the maximum height shall be four feet. In addition, all fences and walls shall be subject to the driveway visibility requirement of Article 18 - Off-street Parking Loading Regulations. Corner lot fences or walls shall be reviewed by the Traffic Committee. On corner lots, there shall be no visual obstruction at the intersection caused by fences or walls, which could constitute a traffic hazard within an area defined by a corner cut-off line between two points, each measured 30 feet horizontally along the front and side property lines from the point of intersection of said property lines at the street corner.
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FENCES AND WALLS
(The diagram is illustrative)
11. Bathroom in habitable basements.For habitable basements with a ceiling height of seven feet or more, only a half bath is permitted. A full bath is not permitted in a habitable basement.
12.Variations to Setback Standards: Setbacks shall be as set forth in the Zoning Ordinance; however, the Architectural Review Committee may minimally vary any setback to achieve an improved relationship between the new construction and structures on adjacent lots and those in the immediate neighborhood, or to accommodate certain green building practices (as outlined in the Green Building incentives adopted by City Council resolution per Monterey City Code section 38-112.3(F).* No variation to the standards shall be approved until notice is given to all adjoining property owners and the property owners across the street.
Variations in setback shall only be granted upon finding that the variation will not compromise privacy expectations on adjacent properties beyond those incurred by adherence to standard setbacks and that the variation is minimal and necessary to achieve conformity with one or more of the following:
a.Adopted Neighborhood Compatibility Design Guidelines:
b.Design considerations contained in subsection 4 of Substandard Residential Lots;
c.Planning Commission and Architectural Review Committee adopted View Impact policies;
d.Architectural Review Committee adopted Tree Protection Standards; and,
e.Green Building incentives (as adopted by City Council resolution per Municipal Code section 112.3(F).*
All decisions of the Architectural Review Committee that grant a setback variation shall be accompanied by specific findings that support the decision. All decisions of the Architectural Review Committee may be appealed to the Planning Commission under Monterey City Code section 28-203 et seq.
If a variation is granted by the Architectural Review Committee, it supersedes the need for a Variance. Variations to setback standards that are not reviewed by the Architectural Review Committee or do not conform with these standards shall be reviewed in accordance with the provisions of Monterey City Code section 28-156 et seq. (Ord. 3429 § 3, 2009; Ord. 3428 § 2, 2009; Ord. 3414, 2008)
E. Review of Plans.
Applications for new construction, exterior alterations, and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee. Architectural Review Committee approval shall be required if: (Ord. 3653 § 19, 2022)
1.The site of the residence is subject to a D-1, Design Control, or D-2, Development Control, overlay district;
2.The lot is less than 5,000 square feet;
3.The building site exceeds 15% slope; or
4.The proposed design fails to comply with neighborhood design guidelines or Architectural Review Committee standards. (Ord. 3424 § 1, 2009)