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A. Description.The R-1 Residential Single-Family District is intended to provide opportunities for single-family detached homes in neighborhoods at densities ranging from less than two dwelling units per acre to eight units per acre. A second number, “-5,” “-6,” etc., indicates the minimum lot area and dimensions and the property development standards that apply. Supporting recreational, religious, educational and community facilities also are allowed.

B. Land Use Regulations.In the following schedule, the letter “P” designates use classifications permitted in the R-1 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.

R-1 DISTRICT LAND USE REGULATIONS 

Additional Regulations

Residential Uses

Single-family Residential

P

With more than one kitchen

U

With boarders or lodgers

P

Rooms shall not contain kitchen facilities.

Day Care, Ltd.

P

Guest House

U

Prohibited on lots less than 8,000 square feet in size. See Section 38-26 R (Ord. 3246 § 1, 1999)

Residential Care, Ltd.

P

Supportive Housing

P

Transitional Housing

P

Accessory Dwelling Units

P

See Section 38-112.6

Junior Accessory Dwelling Units

P

See Section 38-112.6

Public and Semi-public Uses

Day Care, Large Family

U

See Section 38-26(J)

Park and Recreation Facilities

U

Public Safety Facilities

U

PWS Facilities

U

Religious Assembly

U

Residential Care, General

U

Schools, Public or Private

U

Utilities, Major

U

Utilities, Minor

P

Accessory Uses

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

Temporary Uses

Require administrative approval by the Community Development Director

Nonconforming Uses

See Article 28

P = Permitted U = Use Permit Required

(Ord. 3653 § 19, 2022; Ord. 3641 § 8, 2021; Ord. 3560 § 4, 2017; Ord. 3554 § 4, 2016; Ord. 3495 § 2, 2014; Ord. 3472 § 1, 2012; Ord. 3443 § 5, 2010)

C. Minimum Lot Dimensions.For all newly created lots, the following schedule prescribes minimum lot dimensions for the R-1 District. The minimum lot size is indicated by a -40, -20, -15, -12, -10, -8, -6, or -5, as the case may be. This number refers to the minimum lot area required in thousands of square feet.

R-1 DISTRICT: MINIMUM LOT DIMENSIONS

Minimum Lot Area (sq.ft.)

Minimum Lot Width (ft.)

Minimum Lot Depth (ft.)

R-1-40

40,000(a)

125

125

R-1-20

20,000(a)

90

100

R-1-15

15,000(a)

90

100

R-1-12

12,000(a)

80

100

R-1-10

10,000

80

100

R-1-8

8,000

70

100

R-1-6

6,000

60

100

R-1-5

5,000

50

100

1. Allowable Reduction in Minimum Lot Area.In the R-1-40, R-1-20, R-1-15, and R-1-12 Zones, the area of each lot within a tract may be reduced by 30 percent when approved by the Planning Commission, if an equivalent aggregate amount of land is dedicated for public greenbelt and recreation use within said tract, and the location of dwellings within said tract is subject to Development Review Committee approval; and further provided, that no lot may be reduced below 10,000 square feet.

Lots of record that do not meet these standards as of July 1, 1985, may be joined with adjacent lots and subdivided into parcels less than standard, if the Planning Commission first finds that the subdivision results in closer adherence to the standards of this section than by leaving the lots as separate parcels.

D. Property Development Standards.Property development standards that apply to new construction or alterations and additions in the R-1 District are shown below.

R-1 DISTRICT: PROPERTY DEVELOPMENT STANDARDS 

1.

Minimum Yards (in feet):

a.

Front

15 (a)

b.

First-Story Side

(b)

c.

Corner Side

(c)

d.

Second-Story Side

(d)

e.

Second-Story Corner Side

(e)

f.

Rear

20 (f)

2.

Maximum Lot Coverage (Percent)

a.

One-story Buildings

40%

b.

Buildings with 2 or more stories

35%

3.

Maximum Floor Area Ratio (FAR)

40% (g)

4.

Maximum Number of Stories and Maximum Height (feet)

a.

Dwelling: Two (2) stories and 25 feet.

b.

Accessory Structure(s): One (1) story and 12 feet.

aThe minimum front yard setback of any garage, carport, or parking pad is 20 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, but not less than four (4) feet nor more than 10 feet (except on corner sides). The sum of the side yard setback on any lot shall not exceed 30 percent of the width of the lot. 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 lot width, but not less than 10 feet, or more than 15 feet.

dA combined total of 40 percent of the lot width may be varied along the length of a structure, but not less than seven (7) feet or more than 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 lot width, but not less than 15 feet, or more than 20 feet.

fOn lots less than 100 feet in depth, the minimum rear yard setback shall be 20 percent of the 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:

1.

Lots greater than or equal to 5,000 square feet: Two (2) spaces, including one (1) covered, neither of which may be located in the front yard setback. Tandem spaces are permitted.

2.

Lots less than 5,000 square feet: One (1) covered space that may not be located in the front yard setback.

3.

Guest houses: One (1) space in a location approved by the Planning Commission but not located in the front yard setback.

b.Parking should be kept to a minimum in front yard setbacks (Ord 3334; 01/2004)

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 in front of covered parking and in front of any required open parking space.

The driveway 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. This widened area shall be a paved surface like the existing driveway or alternative paving surfaces, which have been reviewed and approved by staff. The 3-foot area between the driveway apron and the side property line shall be landscaped and not paved.

On all residential parcels, no more than 50 percent of the front yard shall be paved.

Additional improved parking area may be considered by the Zoning Administrator where there is a physical hardship based on lack of on-street parking, topography, or natural features. There shall be no parking in the front yard setback on non-driveway 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.Nonconforming Structures See Article 28.

8.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.

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 and 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.

FENCES AND WALLS

(The diagram is illustrative)

11. Bathrooms 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.

* Code reviser’s note: Ordinance No. 3490 C.S. repeals Section 38-112.3.

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).*

* Code reviser’s note: Ordinance No. 3490 C.S. repeals Section 38-112.3.

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 § 3, 2009; Ord. 3414, 2008; Ord. 3256 § 2, 1999)

E. Substandard Residential Lots.A substandard lot is a residential lot in a residential zone consisting of less than 5,000 square feet in total area. No dwelling units located on a substandard residential lot shall be constructed, enlarged, remodeled, or expanded unless it complies with the following development standards:

1. Maximum Floor Area Ratio (FAR):.

Lots less than 3,600 square feet:

0.35

Lots 3,600 square feet or more:

0.40

For purposes of this section, floor area includes all space within the exterior dimension of the structure, excluding the garage, up to a normal 300 square-foot one-car area on lots less than 3,600 square feet and a 500 square-foot two-car area on lots 3,600 square feet or more.

2.Maximum Height: 25 feet

3.Setbacks: Setbacks shall be as set forth in Sections 38-22, 38-23, 38-24, and 38-25; however, the Architectural Review Committee may vary any setback to achieve a variation between the dwelling and units on adjacent lots thereto, or to achieve the design considerations of subsection (4). No variance shall be approved until notice is given to all adjoining owners and the owner across the street.

4.Aesthetic Design: The dwelling shall be designed to avoid having a “box like” appearance. Architectural features such as decks, bay windows, chimneys, stairways, recesses or projections shall be incorporated to avoid long, unmodulated building facades.

5.Number of Off-Street Parking Spaces:

Lots 3,600 square feet or more:

2, including 1 covered

Lots less than 3,600 square feet:

1 covered space

No required parking space shall be located in a front yard.

F.Repealed.

G. Review of Plans.

All 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 for single-family residences if: (Ord. 3653 § 19, 2022)

1.The site of the residence is subject to a D1 Design Control or D2 Development Control Overlay District;

2.The lot is less than 5,000 square feet;

3.The building site exceeds 15 percent slope; or

4.The proposed design fails to comply with neighborhood design guidelines or Architectural Review Committee standards. (Ord. 3560 § 5, 2017; Ord. 3424 §§ 1, 14, 2009)