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This section establishes regulations for:

-Accessory structures

-Front yards in developed areas

-Religious assembly yard requirements

-Exterior materials

-Fences and retaining walls

-Swimming pools and hot tubs

-Home occupations

-Manufactured homes

-Low and moderate income housing

-Large-family day care homes

-Animals

-Vehicle parking

-Residential condominium development standards

-Condominium Conversions

-Short-term Residential Rentals

-Maintaining mail address

-Special setbacks on Tract Maps

A. Accessory Structures. Accessory structures shall not occupy a required front or corner side yard. Detached accessory structures shall be located at least ten feet from a main structure and shall be set back at least five feet from interior side and rear property lines. The minimum distance between accessory structures shall be six feet. Attached accessory structures shall comply with all setback requirements of the main building, with the exception of attached garages, which may project into the required rear yard to within five feet of the rear property line. Garages facing an alley shall be set back 15 feet from the alley’s center line. When located in the rear yard of a reverse corner lot, an accessory structure shall not be located forward of the front setback line of the adjacent lot. Accessory structures more than four feet in height shall not exceed 30% of the required rear yard. Any occupied accessory structure shall comply in all respects with the requirements of this chapter to the main structure. Construction trailers may be placed on site at the time site clearance and grading begins and may remain on the site only for the duration of construction. Construction trailers shall not be occupied unless approved by the Planning Commission.

B. Front Yards in Developed Areas. Where lots comprising 50 percent of the frontage on a blockface in an R district are improved with buildings, the required front yard shall be the average of the front yard depths for structures other than garages or carports on each developed site in the same district on the blockface. In computing the average, the actual depth shall be used up to a maximum depth 10 feet greater than the normally required front yard for any site having a yard depth exceeding the minimum requirement.

C. Religious Assembly Yard Requirements. Yard requirements shall be as specified by a use permit, provided that the minimum interior side yard shall be 15 feet, and the minimum rear yard shall be 25 feet. Yards adjoining street property lines shall not be less than required for a permitted use.

D. Exterior Materials. In all R districts, the exterior walls of all structures, other than accessory structures, shall have a nonmetallic finish.

E. Fences and Retaining Walls. The combined height of a retaining wall and a separate fence on a property line shall not exceed eight feet unless the fence is set back from the retaining wall a minimum of half the distance of the required setback but no more than five feet. In no case may a fence exceed six feet in height. If a fence is on one property and the retaining wall on the abutting property, the maximum fence height is six feet regardless of the retaining wall height. Any retaining wall over six feet in height located in a required yard shall require a Use Permit.

F. Swimming Pools and Hot Tubs. No swimming pool or hot tub shall be allowed in any “R” zone, except as an accessory use and unless it complies with the following requirements:

1.The swimming pool or hot tub is intended to be used solely for the enjoyment of the occupants and guests of the principal use of the property.

2.No swimming pool shall be placed in any required front yard or closer than ten feet from any property line; no hot tub shall be placed in any required front yard or closer than five feet from any property line.

3.Any yard containing a swimming pool or hot tub shall be screened by non-climbable masonry wall or fence not less than five feet in height to prevent uncontrolled access by children from the street or adjacent properties.

G.Repealed by Ord. 3620. (Ord. 3429 § 3, 2009)

H. Manufactured Homes. It is the intent of the City to provide opportunities for the placement of manufactured homes in R districts, consistent with state law, and to ensure that such manufactured homes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.

1. General Requirements. Manufactured homes may be used for residential purposes if such manufactured homes have been granted a Certificate of Compatibility. Manufactured homes also may be used for temporary uses, subject to the requirements of a temporary use permit.

2. Requirements for Certificates of Compatibility. A manufactured home may be located in any R district where a single-family detached dwelling is permitted, subject to the same restrictions on density and to the same property development regulations, provided that such manufactured home receives a Certificate of Compatibility. The Public Works Director shall issue this certificate if the manufactured home meets the design and location criteria of this section.

The certificate shall be valid for two years and may be renewed for subsequent periods of two years if the location and design criteria of this section are met. More specifically, the location and design of manufactured homes shall comply with the following criteria in order to protect neighborhood integrity, provide for harmonious relationship between manufactured homes and surrounding uses, and minimize problems that could occur as a result of locating manufactured homes on residential lots. (Ord. 3472 § 1, 2012)

3. Location Criteria. Manufactured homes shall not be allowed on lots with an average slope of more than 10 percent, or on any portion of a lot where the slope exceeds 15 percent.

4. Design Criteria. Manufactured homes shall be compatible in design and appearance with residential structures in the vicinity and shall meet the following standards:

a.Each manufactured home must be at least 16 feet wide;

b.It must be built on a permanent foundation approved by the Chief of Inspection Services/Building Official;

c.It must have been constructed after June 15, 1976, and must be certified under the National Manufactured Home Construction and Safety Act of 1974;

d.The unit’s skirting must extend to the finished grade;

e.Exterior siding must be compatible with adjacent residential structures, and shiny or metallic finishes are prohibited;

f.The roof must have a pitch of not fewer than three inches vertical rise per 12 inches horizontal distance;

g.The roof must be of concrete or asphalt tile, shakes or shingles complying with the Monterey Building Code;

h.The roof must have eaves or overhangs of not less than one foot;

i.The floor must be no higher than 20 inches above the exterior finished grade; and

j.Required covered parking shall be compatible with the manufactured home design and with other buildings in the area.

5. Cancellation of State Registration. Whenever a manufactured home is installed on a permanent foundation, any registration of the home with the State of California shall be cancelled, pursuant to state laws and regulations. Before any occupancy certificate may be issued for use of such a manufactured home, the owner shall provide to the Chief of Inspection Services/Building Official satisfactory evidence showing that the state registration of the manufactured home has been or will, with certainty, be cancelled. If the manufactured home is new and has never been registered with the state, the owner shall provide the Chief of Inspection Services/Building Official with a statement to that effect from the dealer selling the home.

I.Repealed.

J. Large-Family Day Care Homes. The following supplemental regulations shall apply to the operation of large-family day care homes.

1. Purpose. The intent of these regulations is to prescribe reasonable standards for large-family day care homes in the City of Monterey.

2. Use Permit Required. A use permit, issued by the Planning Commission, shall be required to operate a large-family day care home. The permit shall expire three years after the date of issuance or if the care giver’s State license to operate a family day care home expires or is revoked. The procedure for renewal is the same as that for the initial application.

3. Findings Required. The Planning Commission shall issue a use permit for a Large-Family Day Care Home after a duly noticed public hearing only when all of the following findings can be made, in addition to the findings required by Article 21.

a.The proposal adheres to all State of California Department of Social Services requirements for large-family day care centers;

b.The City Fire Department and City Building Safety & Inspections Division approve use of the residential structure as a large-family day care home; and

c.The primary use of the structure will continue to be a residence.

4. Standards. All large-family day care homes shall comply with all applicable state requirements for family day care homes, in addition, and with the following standards.

a. Minimum Lot Area. 10,000 square feet.

b. Outdoor Play Areas. Adequate outdoor play areas shall be provided at all large-family day care homes.

(1)All outdoor play areas shall be enclosed by a natural barrier, wall, fence, or other solid structure at least six feet in height.

(2)All outdoor play areas shall be adequately separated from driveways, streets, and parking areas.

c. Parking and Traffic. Adequate parking shall be provided for employees of the large-family day care home and for pick up and drop off of children at the home.

(1)In addition to the off-street parking spaces required for the residence, one additional off-street parking space shall be provided for each employee on a site specific basis as required by the use permit.

(2)Adequate space shall be available for the safe pick up and delivery of children to the day care home. This space shall be off-street, and can be in the driveway or off-street parking area, as prescribed on a site specific basis by the use permit.

(3)No large-family day care facility shall generate excessive traffic on local residential streets.

K. Animals. Animals may be kept as accessory uses, subject to the following standards:

1.Aviary for not to exceed 25 birds, subject to standards of this chapter related to accessory buildings.

2.Raising four or less chickens, rabbits, or other similar fowl or small animals is permitted as an accessory use. A Use Permit shall be required for raising five not to exceed a total of ten small animals, and such fowl or animals shall be kept at least 40 feet from a dwelling on the property, 100 feet from other places used for human habitation, public parks or schools, and 100 feet from the property line.

3.The keeping of animals ordinarily referred to as household pets, but not including a sufficient number to constitute a kennel, as defined in this chapter, unless a Pet Permit is first obtained in accordance with the following provisions:

a.Any person residing in any residential zone may apply for permission to possess four or more dogs and/or cats upon their premises. A Pet Permit may be issued by the Public Works Director after a Notice of Public Hearing is provided for in this chapter, and only if all of the following findings can be made:

(1)The lot is adequate in size and shape to support the number and type of pets proposed;

(2)Any nondwelling structure erected to house four or more pets complies with requirements for accessory buildings, pursuant to this chapter;

(3)The maintaining of the pets on the premises will not result in a nuisance or disturbance to the neighborhood;

(4)Adequate provisions for housing and maintaining the pets have been demonstrated, including collection and disposal of animal wastes; and

(5)If more than three dogs are to be maintained on the premises, adequate measures have been taken to prevent excessive noise from barking to occur. (Ord. 3472 § 1, 2012)

4.Any Pet Permit issued shall be for a period of not more than one year and shall be subject to reopening at any time to address any pet-related complaint. Such permits may be renewed by staff, if Notice of Renewal is provided the immediate neighbors and no complaints have been received. Should it be found that a nuisance or valid problem regarding the increased number of pets exists, the Pet Permit shall be modified or revoked or not renewed, and the applicant shall immediately reduce the number of dogs and/or cats to less than four in accordance with the provisions of the Zoning Ordinance.

5.Any decision regarding Pet Permits shall be appealable in accordance with the provisions of this chapter.

L. Vehicle Parking.

1. Commercial Vehicle Parking. Not more than one commercial vehicle, as defined in the State Vehicle Code, may be parked on or adjoining any one lot. A commercial vehicle over 22 feet in length and/or over 7-1/2 feet in height and/or having a bed width of 7 feet or greater, shall be kept behind the required setback line. No commercial vehicle with a gross vehicle weight of 20,000 pounds or greater shall be parked or stored on or adjoining any one lot.

2.Inoperable motor vehicles or motor vehicles without current and valid registration, parked or stored on private residential property, shall be located inside a garage, carport, or other enclosed structure. Such a motor vehicle may be parked or stored outside an enclosed structure only behind the front yard setback and shall be screened from the street.

3. Recreational Vehicle/Trailer Parking. No recreational vehicle or trailer parked on private property shall be used for habitation including sleeping, living, cooking, or dining.

M. Residential Condominium and Condominium Conversion Development Standards. The following supplemental regulations shall apply to the conversion of existing rental housing to condominiums and the construction of new condominiums:

1. Purpose. The intent of these regulations is to:

a.Prescribe reasonable standards for new condominiums in the City of Monterey.

b.Ensure a reasonable mix of affordable housing units within the City.

c.Encourage ownership housing in conformity with the Housing Element of the General Plan.

d.Ensure that existing multiple family units being converted into condominiums, planned unit developments, community apartments, cooperative apartments, stock cooperatives, or into any other form of individual ownership of what had previously been multiple family rental units meet the standards required by the Monterey Zoning Ordinance, Subdivision Ordinance, and building codes, as provided below.

e.Encourage full disclosure of all information affecting condition of property.

f.Ensure maximum ownership opportunities for existing tenants.

g.Encourage fair and equitable treatment for tenants displaced as a result of such conversions.

h.Provide assistance for elderly and special needs households that have occupied a unit for a long period of time in the event of a conversion.

2. Permits Required. A Use Permit and Subdivision Map approval shall be required for all condominium and condominium conversion projects.

3. Land Use and Development Standards. Condominium projects and new construction associated with condominium conversion projects shall be subject to development standards of the underlying zoning district unless otherwise specified below.

a. Safety Lighting. Safety Lighting shall be provided on private vehicle access ways, bikeways, pedestrian walkway facilities, and along abutting public streets as required by the City. Mounting height, power and spacing shall be sufficient to avoid dark pockets. Lights shall utilize “vandal proof” enclosures and shall be screened to protect dwelling units from glare. The design, location, and height of all safety lighting on private property shall be subject to design review and approval by the Architectural Review Committee. Street lighting on public streets shall be subject to final approval of the Department of Plans and Public Works.

b. Boat, Trailer, Recreational Vehicle Storage. Boat, trailer or recreational vehicle storage shall not be allowed on site unless a separate, screened storage area is provided. This storage area shall not occupy a required parking space or required Open Space.

c. Utilities.

(1)Unless an exception is granted per Section 33-9(K) of the Subdivision Ordinance, each utility that is controlled by and consumed within the individual unit shall be separately metered in such a way that the unit owner can be separately billed for its use. A shutoff valve for each utility shall be provided for each unit.

(2)All utilities, including cable television, shall be placed underground both on-site and off-site. Individual television and radio antennas shall be prohibited.

d. Parking. Condominium and condominium conversion projects shall comply with parking standards set forth in Section 38-115 (Off-Street Parking and Loading Spaces Required). A portion of the required parking, as determined by the Planning Commission on a case-by-case basis, shall be set aside for visitor parking and shall be uniformly distributed throughout the development.

e.Open space, landscaping and laundry facilities shall be required per Section 38-25(D)(7) through (10). A reduced amount of open space may be allowed for condominium conversion projects if the total existing square footage of open space is less than the zoning standards and the conversion project does not result in a net loss. Open space may be transferred from Shared Open Space to Private Open Space as defined in the Zoning Ordinance. Existing Private Open Space in any Unit shall not be reduced. Any new units constructed on the site shall meet the open space standards of the underlying zone. Bicycle storage and recreation or common rooms may be counted as open space.

f. Private Storage. Each unit within the project shall have at least 300 cubic feet of enclosed, weatherproofed, and lockable storage space at a single location. Such space shall be for the sole use of the unit owner and shall have a minimum horizontal surface area of 25 square feet and all interior dimensions shall be a minimum of four feet. Such storage space may be provided in any location approved by the Planning Commission, but it is the intent of this standard to require space over and above that normally associated with the unit, such as clothes, linen, or guest closets or food pantries.

g. Bicycle Parking. Secure bicycle parking or bicycle lockers are encouraged and may count towards meeting Open Space requirements.

h. Tot Lots. Tot lots are encouraged in projects with units with two or more bedrooms unless the project is limited to senior housing. (Ord. 3436 § 2, 2009)

N. Standards for Condominium Conversions. The following regulations shall apply to the conversion of existing rental housing to condominiums:

1. Purpose. The purpose of these condominium conversion provisions include, but are not limited to:

a.To ensure a reasonable mix of affordable housing units within the City.

b.To encourage ownership housing in conformity with the Housing Element of the General Plan.

c.To ensure that existing multiple family units being converted into condominiums, planned developments, community apartments, cooperative apartments, stock cooperatives, or into any other form of individual ownership of what had previously been multiple family rental units meet the standards required by this resolution, the Zoning Ordinance, the Subdivision Ordinance, and building codes adopted by the City.

d.To protect actual and prospective owners of such units against the unknowing purchase of units violating City codes and standards.

e.To ensure maximum ownership opportunities for existing tenants.

f.To ensure fair and equitable treatment for tenants displaced as a result of such conversions.

g.To provide assistance for elderly households that have occupied a unit for a long period of time in the event of a conversion.

2. Land Use Requirements.

a. Permits required. A use permit and subdivision map shall be required for approval of a condominium conversion. A vacancy determination conforming to the Housing Element shall be required prior to approval of a condominium conversion.

b. Density. No additional units shall be added of the project exceeds the density allowed by the underlying zone.

c. Site Development Standards. Any new construction shall comply with the coverage, floor area ratio, height, yard, setback, and other development standards of the underlying zone. Existing physical improvements which do not meet the site development standards of the underlying zone may be retained.

d. Parking. Condominium conversion projects shall comply with R-3 zone parking standards. A portion of the required parking, as approved by the City, shall be set aside for visitor parking and shall be uniformly distributed throughout the development.

e. Open Space. The total square footage of open space shall not be reduced if it is less than R-3 zone standards. Open space may be transferred from Shared Open Space to Private Open Space as defined in the Zoning Ordinance. Existing Private Open Space in any Unit shall not be reduced. Any new units constructed on the site shall meet the open space standards of the underlying zone. Bicycle storage and recreation or common rooms may be counted as open space.

f. Landscaping. A landscaping plan shall be submitted for approval by the Planning Commission after recommendation by the Architectural Review Committee. All landscaping shall be installed and shall be inspected by Architectural Review committee staff before occupancy of the dwelling units.

g. Private Storage. Each unit within the project shall have at least 300 cubic feet of enclosed, weatherproofed, and lockable storage space at a single location. Such space shall be for the sole use of the unit owner and shall have a minimum horizontal surface area of 25 square feet and a minimum interior dimension of four feet. Such storage space may be provided in any location approved by the Planning Commission, but it is the intent of this standard to require space over and above that normally associated with the unit, such as clothes, linen, or guest closets or food pantries.

h. Laundry Facilities. Each project shall provide adequate laundry facilities by:

(1)constructing a laundry room with the equivalent of one standard washing machine for each five dwelling units and an equivalent capacity in automatic clothes dryers; or

(2)provide properly designed and plumbed areas within each dwelling unit for washer and dryer installation.

i. Boat, Trailer, Recreational Vehicle Storage. Boat, trailer or recreational vehicle storage shall not be allowed on site unless a separate, screened parking area is provided. This parking area shall not qualify as required parking or Open Space.

j. Recreation Rooms. Recreation Rooms or common rooms are encouraged. A recreation or common room may be used to meet Open Space requirements.

k. Bicycle Parking. Secure bicycle parking or bicycle lockers are encouraged. Bicycle parking may be used to meet Open Space requirements.

l. Tot Lots. Tot lots are encouraged in projects with family housing units. Units with two or more bedrooms are considered family units unless the project is limited to senior housing.

3. Annual Review of Conversions. The Planning Commission shall annually review conversions made after July, 1994 for owner/renter occupancy, parking problems, neighborhood comments or complaints, and status of inclusionary housing units.

O. Short-term Residential Rentals. Short-term residential rentals shall be regulated in all residential districts, including residential developments in “PC” (Planned Community) Districts, as follows:

1. Future Rentals Prohibited. Short-term residential rentals are prohibited in all residential districts if established after August 6, 1991, or if not qualified for limited grandfathering pursuant to subparagraph 2 below.

2. Prior Rentals; Limited Grandfathering. Short-term residential rentals existing prior to August 6, 1991, may continue in operation, subject to the following regulations:

a.All owners of short-term residential rental facilities must register with the City of Monterey’s Finance Department with verifying documentation of previous existence within 60 days of the effective date of this section. Failure to register in a timely fashion shall render such use unqualified, as set forth in subparagraph 1 above.

b.All owners shall pay transient occupancy taxes from and after the effective date of this section and in accordance with Monterey City Code §§ 35-10 et seq. until termination of use as a short-term residential rental.

c.All owners shall agree to terminate use of the premises as a short-term residential rental on or before the expiration of five (5) years from the effective date of this section or upon transfer of the title to the premises to a new owner, whichever shall occur first.

d.Any short-term residential rental operated in violation of this chapter or that is determined to constitute a nuisance shall forfeit its right to continue operation as a short-term residential rental. The procedures set forth in Monterey City Code § 38-221 shall apply in the event the City believes a breach of this chapter has occurred or a nuisance situation is believed to exist.

P. Maintaining Mail Address. Maintaining mail address for business license purposes only is permitted as an accessory use in residential zones, provided no stock in trade, supplies, professional equipment, apparatus, or business equipment are kept on the premises, except as earlier in subsection L and provided that no employees are engaged for services on the premises.

Q. Special Setbacks. Special setbacks shown on an approved Tract Map shall supersede the normal requirement given in this ordinance.

R. Guest Houses. A Condition of Approval for a Use Permit for a guest house shall be a no rent condition that is recorded with the County of Monterey and an annual declaration shall be made by the property owner that the guest house is not being rented. (Ord. 3626 § 2, 2020; Ord. 3560 § 8, 2017; Ord. 3554 § 12, 2016; Ord. 3424 § 1, 2009; Ord. 3246 § 1, 1999)