Sec. 38-25. R-3 Residential Medium Density Multifamily Dwelling District.
A. Description.The R-3 Residential Medium Density Multifamily Dwelling District is intended to provide opportunities for garden apartments, townhouses, and cluster housing in neighborhoods at densities up to 30 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-3 District, and the letter “U” designates use classifications allowed on approval of a use permit. The “Additional Regulations” 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.
1. Use Permit for Recreation Rooms.Any recreation room in an apartment zone shall require a Use Permit. If the recreation room is not directly adjacent to a swimming pool, any bathroom facilities shall be limited to a half bath.
2. Use Permit for Storeroom, Large.Any storeroom exceeding 220 square feet in an apartment zone shall require a Use Permit.
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Additional Regulations |
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Residential Uses |
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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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Group Residential |
P |
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Residential Care, Ltd. |
P |
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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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Condominiums |
U |
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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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Public and Semi-public Uses |
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Clubs and Lodges |
U |
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Cultural Institutions |
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 § 10, 2021; Ord. 3560 § 6, 2017; Ord. 3554 § 6, 2016; Ord. 3495 § 2, 2014; Ord. 3443 § 5, 2010)
C. Minimum Lot Dimensions.For all newly created lots, the following schedule prescribes minimum lot dimensions for the R-3 District. The minimum lot size is indicated by a 20, 15, -10, -8, -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-3-20 |
20,000 |
90 |
100 |
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R-3-15 |
15,000 |
90 |
100 |
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R-3-10 |
10,000 |
80 |
100 |
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R-3-8 |
8,000 |
70 |
100 |
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R-3-6 |
6,000 |
60 |
100 |
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R-3-5 |
5,000 |
50 |
100 |
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 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, alterations and additions in the R-3 District are shown below.
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1. |
Minimum Yards: |
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a. |
Front (ft.) 20 |
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b. |
Side (ft.) 5(a)(g)(i) |
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c. |
Corner Side (ft.) -(b) |
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d. |
Rear (ft.) 15(h)(m) |
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2. |
Yards 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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3. |
Maximum Lot Coverage (%) 40(c) |
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4. |
Maximum Floor Area Ratio 0.35% (d)(e)(f)(j)(k)(l) |
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5. |
Maximum Height (stories/ft.) (Ord 3326; 06/2003): |
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a. |
Dwelling Two Stories and 25 feet. |
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b. |
b. Accessory Structures One story and 12 feet. |
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aShall 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.
b20 percent of lot width; 10-foot minimum, 15-foot maximum. On corner lots, attached or detached garages opening onto the side street shall be at least 30 feet from the side property line.
c35%, except that lots greater than 5,000 square feet are allowed an additional 1% per 1,000 square feet of additional lot coverage, up to a maximum of 40%. Uncovered decks and stairways shall not be counted in lot coverage.
dThe gross floor area of the building(s) on a lot divided by the area of the lot, excluding all parking, decks, uncovered patios, and landscaped area.
eNo more than 50% of the dwelling units on any parcel may consist of apartments less than or equal to 500 square feet in area. Except for mixed use and senior citizen apartment developments, at least one third of any apartment development of three or more units shall consist of two or more bedrooms.
fThe permitted floor area of one single-family dwelling on a lot, measured to exterior dimensions, may be increased to a maximum of 40% of total lot area; provided, that all provisions of the R-1 zone concerning floor area ratio, setbacks and lot coverage are met. For parcels under 3,600 square feet, the permitted floor area shall not exceed 35%.
gFor single-family residences, the minimum setback shall be 10 percent of lot width, but not less than four feet.
hFor single-family residences on less than 100 feet in depth, the minimum setback shall be 20 percent of lot depth, but no less than 10 feet.
iFor 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 no less than four feet.
jFor purposes of this section, floor area excludes the garage, up to a normal 500 square foot two car area or carport, decks, uncovered patio, and landscaping areas.
kRepealed by Ord. 3560.
lRepealed by Ord. 3560.
m20 feet for two-story multifamily structures. Single-family two-story structures shall conform to the R-1 zone setbacks including reduced setback permitted on parcels less than 100 feet in depth.
6. 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 setback) |
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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.
c. Driveways.Driveways shall not occupy more than 40% of the street frontage of any lot abutting a public street. On a corner lot, combined coverage shall not exceed 25% of total street frontage abutting said public street.
7. 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. Shared open space does not include land within the front yard setback, when landscaping or other physical barriers preclude use of this area for active recreational space. One-third of the required open space must be exclusive of any setbacks required.
d. Permeable Open Space.A significant portion of the site shall be developed with a permeable surface to allow groundwater to recharge wherever possible, with the amount and type to be approved by the Architectural Review Committee.
(7).png)
USABLE OPEN SPACE
(The diagram is illustrative.)
8. 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
9. 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.
(9).png)
FENCES AND WALLS
(The diagram is illustrative)
10. Laundry Facilities.Adequate laundry facilities shall be provided for all multiple-unit projects with at least one washing machine and one dryer per each five dwelling units.
11. Storage Area.Each unit shall be provided a separate storage area consisting of at least 100 cubic feet and having a minimum horizontal surface of 25 square feet.
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. Non-conforming structures.See Article 28.
15. Prohibition of bathroom.Bathroom facilities are not permitted as part of any laundry room, storage room, or service room.
16. 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. 3560 § 7, 2017; Ord. 3414, 2008; Ord. 3256 § 4, 1999)
E. Development Standards for R-3 Lots Less than 5,000 Square Feet.The following special development standards shall apply to all R-3 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.
F. 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 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. 3424 §§ 1, 14, 2009)