Sec. 38-24. R-2 Residential Low-Density Multifamily Dwelling District.
A. Description.The R-2 Residential Low-Density Multifamily Dwelling District is intended to provide opportunities for multifamily dwelling residential use, including duplexes, townhouses, apartments, or cluster housing, in neighborhoods at a maximum density of 14.5 dwelling 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-2 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 Boarders or Lodgers |
P |
Rooms shall not contain kitchen facilities. |
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Multi-family Residential |
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Four or more units |
U |
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Three or fewer units |
P |
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All other projects |
U |
Planning Commission approval required. |
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Condominium |
U |
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Day Care, Ltd. |
P |
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Residential Care, Ltd. |
P |
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Supportive Housing -- four or more units |
U |
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Transitional Housing -- four or more units |
U |
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Supportive Housing -- three or fewer units |
P |
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Transitional Housing -- three or fewer units |
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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Commercial Uses |
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Horticulture, Ltd. |
Greenhouses not to exceed 500 sq.ft. |
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Public and Semi-public Uses |
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Clubs and Lodges |
U |
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Day Care, Large Family |
U |
See Section 38-26(J) |
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Day Care, General |
U |
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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. |
See Section 38-26 |
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Temporary Uses |
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Commercial Filming, Ltd. |
U |
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Personal Property Sales |
P |
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Street Fairs |
U |
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Nonconforming Uses |
See Article 28 |
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P = Permitted U = Use Permit Required |
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(Ord. 3641 § 9, 2021; Ord. 3554 § 5, 2016; Ord. 3495 § 2, 2014; Ord. 3443 § 5, 2010)
C. Minimum Lot Dimensions.For newly created lots, the following schedule prescribes minimum lot dimensions regulations for the R-2 District. The minimum lot size is indicated by a -20, -12, -10, -6, or -5, 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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R-2-20 |
20,000 |
90 |
100 |
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R-2-12 |
12,000(a) |
80 |
100 |
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R-2-10 |
10,000 |
80 |
100 |
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R-2-6 |
6,000 |
60 |
100 |
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R-2-5 |
5,000 |
50 |
100 |
1.In the R-2-12 District, the area of each lot within a tract may be reduced 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 location of dwellings within said tract is subject to Development Review Committee approval, and further provided that no lot may 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.
Lots may be subdivided to less than 5,000 square feet but not less than 3,500 square feet only where development is limited to one single-family residence and the creation of the substandard lot does not conflict with adopted Area Plan policies and programs. All such subdivisions are subject to discretionary review by the Planning Commission. (Ord 3276 § 1, 1999)
D. Property Development Standards.Property development standards that apply to new construction or alterations and additions in the R-2 District are shown below.
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1. |
Minimum Lot Area per Dwelling Unit (sq.ft.) |
3,000 (a) |
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2. |
Minimum Lot Depth (ft.) |
100 |
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3. |
Minimum Yards: |
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a. |
Front (ft.) 20 |
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b. |
Side (ft.) 5(b)(d)(f) |
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c. |
Corner Side (ft.) (c) |
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d. |
Rear (ft.) dwellings 15 (e)(h) |
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4. |
Yard Adjoining an R-1 District. The side yard shall be at least five feet for single story units, 10 feet for two story units, and 14 feet for units above two stories. The rear yard shall be 30 feet for units above two stories. |
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5. |
Maximum Lot Coverage (percent) |
35% |
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6. |
Maximum Floor Area Ratio (FAR) |
0.35% (g) |
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7. |
Maximum Height (stories/ft.) |
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a. |
Dwellings Two stories and 25 ft. |
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b. |
Accessory Structures One story and 12 ft. |
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a2,500 square feet in the R-2-5 District.
bShall be increased at the rate of two feet per story for each story over two contained in a multi-family dwelling. A multi-family dwelling, whose rear entry opens into a side yard, shall be a seven-foot minimum, and the side yard which the dwelling fronts on shall be a minimum of 15 feet.
c20 percent of lot width; 10 foot minimum, 15 foot maximum.
dFor single-family residences, the minimum setback shall be 10 percent of lot width, but not less than four feet.
eFor single-family residences on less than 100 feet in depth, the minimum setback shall be 20 percent of lot depth, but not less than ten feet.
fFor single-family residences, the sum of the side yard widths on any lot need not exceed 30 percent of the width of the lot, but in no case shall the width of any side yard be less than 10 percent of the width of the lot, but not less than four feet.
gOn lots 5,000 square feet or larger, 40% FAR for secondary units that are attached to the primary unit. Ord 3266 §1, 1999
h20 feet for two story structures Ord 3266 §1, 1999
8. Open Space.
a. Basic Requirement.Total usable open space on a site having three or more dwelling units shall be at least 350 square feet per dwelling unit. A portion or all of the usable open space shall be private; otherwise it shall be shared.
b. Private Open Space.Private open space equal to or greater than 10 percent of the gross floor area of a dwelling unit shall be on patios or balconies immediately adjacent and accessible within which a horizontal rectangle has no dimension less than five feet.
c. Shared Open Space.Shared open space, provided by interior side yards, patios and terraces, shall be designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet, shall be open to the sky, and shall not include driveways or parking areas, or area required for front or corner yards.
9. Off-Street Parking.
a.Number of Off-Street Parking Spaces Required:
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1) |
Single-Family Dwelling: |
2, including 1 covered (both behind front yard setback) |
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2) |
Guest House 1 (behind front yard |
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3) |
Rental Multifamily Dwelling: |
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Studios: |
1.2, including 1 covered |
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One Bedroom Units: |
1.5, including 1 covered |
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Two Bedroom Units: |
2, including 1 covered |
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Three or more Bedroom Units: |
2.5, including 1 covered |
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Building with 25 units or more: |
2 per unit |
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4) |
Condominium Multifamily Dwelling: |
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Studio, One-Bedroom or Two-Bedroom Units: |
2, including 1 covered |
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Three Bedroom units: |
3, including 1 covered |
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5) |
Elderly housing: |
0.5 per unit |
b. Location of Garage Door.On corner lots, a garage opening facing a street side property line shall be set back 20 feet.
10. Planting Areas.
a. Yards Adjoining Streets.All visible portions of a required yard adjoining a street that are not used for driveways or walks shall be planting area.
b. Adjoining an R-1 District.A continuous planting area having a minimum width of five feet shall adjoin an R-1 district.
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11. 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.
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FENCES AND WALLS
(The diagram is illustrative)
12.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.
13.Supplemental regulations applicable to all zoning districts in the City are contained in Article 17, and off-street parking requirements are in Article 18.
14. Prohibition of Bathrooms.Bathroom facilities are not permitted as part of any laundry room, storage room, or service room.
15.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. 3414, 2008; Ord. 3256 § 3, 1999)
E. Review of Plans.
All applications for new construction or 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.
F. Development Standards for R-2 Lots Less than 5,000 Square Feet.The following special development standards shall apply to all R-2 lots less than 5,000 square feet.
1.For lots 4,999 square feet or less, a maximum of one dwelling unit is allowed.
2.The permitted floor area, measured to exterior dimensions of all dwellings on a parcel of land, shall not exceed 35% of the total lot area for lots under 3,600 square feet, and 40% for lots greater than or equal to 3,600 square feet. For purposes of this section, floor area includes all space within the exterior dimensions of the structure. (Ord. 3424 §§ 1, 14, 2009)