MONTEREY COUNTY ZONING

MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.12 – MDR (CZ) DISTRICT

20.12.010 PURPOSE.

The purpose of this Chapter is to provide a district to accommodate Medium Density Residential uses in those areas of the County of Monterey where adequate public services and facilities exist or may be developed to support medium density developments. It is intended within this Chapter to require adequate on-site facilities and amenities to assure proper, usable and livable development while allowing sufficient design flexibility to provide such development.

20.12.020 APPLICABILITY.

The regulations of this Chapter shall apply in all "MDR" districts and are subject to Chapter 20.62 (Height and Setback Exceptions) and Chapter 20.70 (Coastal Development Permits) of this Title.

20.12.030 NONEXEMPT DEVELOPMENT.

The following list shall require a coastal development permit regardless of which category of allowed uses it falls into:

A. Development which will cause a Significant Environmental Impact;

B. Development within the Critical Viewshed as defined by Section 20.145.020.V (Big Sur);

C. Development on slopes of 30% or greater (25% in North County) except as provided for in Section 20.64.230 (C) (2) and (3);

D. Ridgeline Development;

E. Development within 100 feet of mapped or field identified environmentally sensitive habitats;

F. Development with positive archaeological reports;

G. Land divisions;

H. Development of new or expanded agricultural operations if 50% or more of the parcel has a slope of 10% or greater; or where the operation is to occur on soils with a high or very high erosion hazard potential, according to the Soil Conservation Service Soil Survey Manual.

20.12.040 PRINCIPAL USES ALLOWED, COASTAL ADMINISTRATIVE PERMIT REQUIRED IN EACH CASE. (Chapter 20.76) UNLESS EXEMPT (Section 20.70.120)

A. The first single family dwelling per legal lot of record;

B. The keeping of pets, but not more than 4 dogs per dwelling unit;

C. Guesthouses meeting the development standards of Section 20.64.020;

D. Temporary residences pursuant to Section 20.64.070, used as living quarters during the construction of the first dwelling on a lot;

E. Small family day care home conducted within an existing structure;

F. Licensed residential care homes for aged persons or hospices of not more than six persons including any permitted rooming and boarding conducted within an existing structure;

G. Water system facilities including wells and storage tanks serving up to 14 or fewer service connections, pursuant to Title 15.04, Monterey County Code, and replacement of water tanks and wells where no increase in service connections is created. The screening of any tanks and associated structures shall be approved by the Director of Planning and Building Inspection;

H. Accessory structures and accessory uses to any principal allowed use;

I. Cultivation, cutting and removal of Christmas trees;

J. Home occupations, pursuant to Section 20.64.090;

K. Rooming and boarding of not more than two persons;

L. Intermittent livestock farming or animal husbandry uses such as "4-H" projects on a minimum of 20,000 square feet.

M. Second single family dwelling provided the gross density does not exceed the dwelling units/acre specified on the Sectional District Map;

N. The first duplex on a vacant lot, not exceeding 2 dwelling units/acre provided the gross density does not exceed the dwelling units/acre specified on the Sectional District Map;

O. Senior citizen units meeting the development standards of Section 20.64.010;

P. Tract sales or rental offices;

Q. Reduction in setback requirements of 10 percent or less of the required setbacks;

R. Additions to existing approved wireless communications facilities, pursuant to Section 20.64.310;

20.12.050 CONDITIONAL USES ALLOWED, COASTAL DEVELOPMENT PERMIT REQUIRED IN EACH CASE. (Chapter 20.70) UNLESS EXEMPT (Section 20.70.120)

A. Any residential use, except the first single family dwelling on a vacant lot, exceeding 2 dwelling units/acre, gross, and not exceeding four units, total;

B. Rooming houses and boarding houses (ZA);

C. Resthomes (ZA);

D. Public and quasi-public uses including churches, cemeteries, parks, playgrounds, schools, public safety facilities, public utility facilities, but not including uses of a non- residential nature such as jails, rehabilitation centers, detention facilities, or corporation yards;

E. Parking lots used in conjunction to an adjoining commercial or retail use (ZA);

F. Legal nonconforming use of a portion of a structure extended throughout the structure (ZA);

G. Legal nonconforming use changed to a use of a similar or more restricted nature;

H. Bed and Breakfast facilities, pursuant to Section 20.64.100;

I. Commercial and noncommercial wind energy conversion systems;

J. Ridgeline development;

K. Water system facilities including wells and storage tanks serving 15 or more service connections;

L. Reserved;

M. Assemblages of people, such as carnivals, festivals, races and circuses not exceeding 10 days and not involving construction of permanent facilities (ZA);

N. Accessory structures and uses prior to establishment of main use or structure (ZA);

O. Large family day care homes;

P. Cottage industries, pursuant to Section 20.64.095 (ZA);

Q. Reserved;

R. Detached structures accessory to any conditional use;

S. Planned Unit Developments;

T. Conditional Certificates of Compliance;

U. Other residential uses of a similar nature, density and intensity as those listed in this Section determined by the Planning Commission to be consistent and compatible with the intent of this Chapter and applicable land use plan;

V. Condominiums;

W. Mobile Home Parks, pursuant to Section 20.64.210 (Not in Del Monte Forest);

X. Subdivisions;

Y. Lot Line Adjustments;

Z. Golf Courses (in Del Monte Forest only).

AA. Wireless communication facilities, pursuant to Section 20.64.310;

20.12.060 SITE DEVELOPMENT STANDARDS.

A. Minimum Building Site

The minimum building site which may be created shall be 6,000 square feet unless otherwise approved as part of a condominium, planned unit development or similar clustered residential subdivision.

B. Development Density, Maximum

The maximum development density shall not exceed the units/acre as shown for the specific "MDR" district as shown on the zoning map. (e.g. "MDR/4" means an "MDR" district with a maximum gross density of 4 units per acre.)

C. Structure Height and Setback Regulations

The following structure height and setback regulations apply unless superseded by a structure height limit noted on the zoning map (e.g. "MDR/5 (24)" would limit structure height to 24 feet), setback requirements when combined with a "B" district or setbacks shown on a recorded final or parcel map, or setback lines on a Sectional District Map.

In an approved planned unit development where the dwelling unit and accessory structures are to be located on a lot in the development, no setbacks from the lot lines are required except as necessary to meet Building Code and Fire Code requirements, unless otherwise noted on the recorded final or parcel map.

1. Main Structures

a. Minimum Setbacks

Front: 20 feet

Side: 5 feet

Del Monte Forest:

First Floor: 10 feet

Second Floor: 20 feet

Rear: 10 feet

b. Height

Maximum height: 30 feet

Del Monte Forest: 27 feet

2. Accessory Structures (Habitable)

a. Minimum Setbacks

Front: 50 feet

Side: 6 feet

Rear: 6 feet

b. Height

Maximum Height: 15 feet

3. Accessory Structures (Non-habitable)

a. Minimum Setbacks

Front: 50 feet or behind the main structure, whichever is less.

Side: 6 feet on front one-half of property; 1 foot on rear one-half of property.

Rear: 1 foot

b. Height

Maximum Height: 15 feet

D. Minimum distance between Structures

Main structures: 10 feet

Accessory/Main structure: 6 feet

Accessory/Accessory: 6 feet

E. Building site coverage, maximum: 35%.

Del Monte Forest:

MDR/2 Zoning Districts: 25%

MDR/4 Zoning Districts: 35%

F. Floor Area Ratio (Del Monte Forest and Carmel Area Only)

Del Monte Forest

MDR/2 Zoning District: 25%

MDR/4 Zoning District: 35%

Carmel

MDR/2 Zoning District: 45%

G. Parking regulations

Parking for all development shall be established pursuant to Chapter 20.58.

H. Landscaping requirements

For development of more than 2 residential units on a lot, a minimum of 10% of the developed lot area shall be landscaped prior to occupancy, pursuant to a landscaping plan approved by the Director of Planning and Building Inspection.

I. Lighting plan requirements

For developments of more than two residential units on a lot, all exterior lighting shall be unobtrusive, harmonious with the local area and constructed or located so that only the area intended is illuminated and off-site glare is fully controlled. The location, type and wattage of the exterior lighting must be approved by the Director of Planning and Building Inspection prior to the issuance of building permits or the establishment of the use.

J. Sign regulations

Signing for all development shall be established pursuant to Chapter 20.60.

20.12.070 SPECIAL REGULATIONS.

A. Required Trash Enclosure Areas

Developments in excess of 5 dwelling units on a lot shall provide a trash enclosure area for the residents of the development. The location of and the design of the trash enclosure area shall be approved by the Director of Environmental Health and the Director of Planning and Building Inspection. A plan showing the trash enclosure area shall contain the following:

1. A site plan of the overall development;

2. The location of the trash enclosure area;

3. Elevations of the design of the trash enclosure area;

4. Adequate fencing to ensure safety of the residents and the public;

5. Adequate area for the separation and holding of recyclable materials.

B. Required Recreation Facilities

Developments in excess of 5 dwelling units on a lot shall provide a recreational area for the residents of the development. The location of and the design of the recreational area shall be approved by the Director of Planning and Building Inspection. A plan showing the recreational area shall include the following:

1. A site plan of the overall development;

2. The location of the recreational area;

3. A list and location of all recreational area facilities to be provided;

4. The recreational area shall consist of at least 3% of the lot.

C. Manufactured Dwelling Units

Manufactured dwelling units meeting the standards of Section 20.64.040 are permitted subject to the requirements of any conventional dwelling unit in this Chapter.

D. Vehicle Trip Reduction

The following types of development are subject to Section 20.64.250 (Regulations for the Reduction of Vehicle Trips) of this Title:

a) Any residential development of 25 or more units.

E. Visitor-Serving Uses

1. On that portion of the Odello property known as "Odello East", visitor-serving uses and employee housing in addition to the permitted residential uses are permitted pursuant to Section 20.146.120.C.2.

2. Up to 16 visitor-serving units and one manager apartment are permitted to remain on the property commonly known as "Grosvenor Inn".

3. Up to 4 visitor-serving units are permitted to remain on the property commonly known as "Lincoln Green Cottages".