38-99.7 Development Regulations | Monterey City Code

Sec. 38-99.7. Development Regulations.

All multifamily uses in the Multifamily Residential Overlay District shall comply with the underlying zone’s development standards as well as those regulations within this code section. Where conflict occurs between the provisions of this overlay district and any other City code, the more restrictive provision shall control.

A.Mixed use shall be prohibited on any single parcel and within a single building.

B.Site design shall, whenever possible, prioritize preservation of healthy stands of Monterey pine, Monterey cypress, and coast live oak trees, particularly when a group of trees form a contiguous community sufficiently uniform in composition, structure, and condition.

1. Basic Requirement for Total Required Open Space.Where reasonably feasible, total usable and active recreational open space on a site having three or more new dwelling units shall be at least 600 square feet per dwelling unit, and shall be provided in one or more of the following ways:

a. Private Open Space.Private open space shall be on patios or balconies immediately adjacent and accessible to individual residential units within which a horizontal rectangle has no dimension less than five feet. Private open space shall make up no more than 50 percent of the total required open space.

b. Shared Open Space.Shared open space shall be accessible to all residents, shall include seating and pedestrian-level lighting, shall be designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet, and shall not include driveways or parking areas.

(i)Outdoor shared open space shall be provided in the form of patios, terraces, courtyards, plazas, rooftop decks, lawns and gardens with pathways, children’s play areas, picnic and barbeque areas, and outdoor sports equipment and facilities. Outdoor shared open space may be located within required yard setbacks.

(ii)Indoor recreation rooms may meet up to 50 percent of the total required open space; provided, that the room is walkable to all dwelling units, and is designed for and includes recreational equipment.

2. Permeable Open Space.Where feasible and except as provided in subsection (C)(3) of this section, outdoor open space shall only be constructed with a permeable surface to allow groundwater to recharge wherever possible, with the amount and type to be approved by the Community Development Director or designee. It is not the intent to prohibit a use where its impermeability is inherent.

3. Infeasibility of Providing Open Space Requirement.Generally, an action or element is considered infeasible only if it is physically impossible or if it substantially alters the intent of the project. Spatial analysis shall be provided, demonstrating that there is not enough area on site to meet the 600-square-foot-per-dwelling-unit open space requirement. In every case, a minimum of 350 square feet per dwelling unit shall be provided. The Community Development Director or designee shall confirm infeasibility. “Infeasibility” shall mean not accomplishable within standard construction and development practices, as determined by the Community Development Director or designee. An element or action may be considered feasible even if it raises the cost of that aspect or element of the project.

D.Parking.

a.Studios: 1.2;

b.One-bedroom units: 1.5;

c.Two-bedroom units: 2;

d.Three- or more bedroom units: 2.5.

2.Units that result from the conversion of existing building area to residential area shall not be required to provide covered spaces, but must otherwise meet the parking requirements of subsection (D)(1) of this section.

E. Bicycle Parking.One secure parking space or locker is required per dwelling unit.

F. Laundry and Storage.Each residential 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. In addition, for projects with more than four units, there shall be at least one washer and one dryer for each five units.

G. Lighting.All light sources shall be directed downward and focused on the subject so that no light spillage results. Prevent glare by using shielded and focused light sources; conceal all light sources from adjoining properties; use energy efficient light sources; use light sources that provide a quality of light similar to daylight; avoid “uplighting” of entire building faces, or outlining the frame of a building; and shield light sources with simple shade devices that are consistent with the building design. Prior to the issuance of any construction permits, an exterior lighting plan shall be reviewed and approved by the applicable airport manager. All exterior lighting shall be unobtrusive, downlit, harmonious with the local area, and constructed or located so that only the intended area is illuminated and off-site glare is fully controlled. The project shall conform to 14 CFR Part 77, Objects Affecting Navigable Airspace.

H. Noise.All units will carry a deed restriction notifying owners, and requiring owners to notify occupants, that the property is near an airport, which generates noise. The project shall conform to current noise insulation standards pursuant to the California Code of Regulations, Title 25, Chapter 1, Subchapter 1.

I. Avigation and Hazard Easement.Prior to final of each construction permit associated with the project, the developer/owner shall grant an avigation and hazard easement to the appropriate airport authority. The easement shall be recorded at the Monterey County Recorder’s Office. The easement may include: right of flight at any altitude above the acquired easement surfaces; right to cause noise, vibrations, fumes, dust and fuel particle emissions; right to prevent construction or growth of all structures, objects or natural growth above the acquired easement surfaces; right of entry to remove, mark or light any structures or growth above the acquired easement surfaces, or right to require the owner to remove, mark or light; right to prohibit creation of electrical interference, unusual light sources and other hazards to aircraft flight; and any other limitation the appropriate airport authority may recommend to protect the public’s health, safety and welfare. (Ord. 3608 §§ 4, 5, 6, 7, 2019; Ord. 3594 § 3, 2019)