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Chapter 38 — ZONING ORDINANCE›Part V — Administration›Article 23

Sec. 38-172. Development Agreement Hearings.

Monterey Zoning Code · 2026-07 edition · updated 2026-09-10 · Monterey

A. Upon finding the application for a development agreement complete, the Community Development Director shall set the application and draft agreement, together with staff recommendations, for a public hearing before the Planning Commission. If the application is being processed with a development project, the public hearing may be held concurrently with the hearing of the project. Following conclusion of the public hearing, the Planning Commission shall make a finding as to whether the development agreement is consistent with the General Plan and shall make a written recommendation to the City Council. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

B. Upon receipt of the Planning Commission’s recommendation, the City Clerk shall set the application, draft agreement, and written report for public hearing before the City Council. The public hearing on the development agreement may be held concurrently with the hearing of an accompanying development project. Following conclusion of the public hearing the Council shall approve, conditionally approve or disapprove the application and draft development agreement.

C. Should the City Council approve or conditionally approve the application and draft agreement, it shall as a part of its action, direct the preparation of a final development agreement embodying the terms and conditions of the draft as approved or conditionally approved, and an ordinance authorizing execution of the development agreement by the City Manager.

  • D. The ordinance shall contain findings that:

  1. The development agreement is consistent with this Article, the general plan, and all applicable neighborhood, community or specific plans;

  2. The development agreement will not be detrimental to the health, safety and general welfare and will not adversely affect the orderly development of property or the preservation of property values;

  3. Residential Projects Only. That the City Council has considered the effect of the development agreement on the housing needs of the City and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Ord. 3424 § 1, 2009)

The Monterey City Code is current through Ordinance 3716, passed February 3, 2026.

Page 287 of 310

Ch. 38 Zoning Ordinance | Monterey City Code

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▸Contents — Monterey Zoning Code
Monterey Zoning Code
  1. ▸Chapter 38 — ZONING ORDINANCE
    Overview
    1. Part I — General Provisions
    2. Part IV — Regulations Applying in All Districts
    3. Part V — Administration
    4. Part I — General Provisions
    5. Part II — Base District Regulations
    6. Part III — Overlay District Regulations
    7. Part IV — Regulations Applying in All Districts
    8. ▸Part V — Administration
      Overview
      1. Article 21
      2. Article 22
      3. ▸Article 23
        Overview
        1. Sec. 38-169. Purpose.
        2. Sec. 38-170. Application Requirements.
        3. Sec. 38-171. Content of Development Agreement.
        4. Sec. 38-172. Development Agreement Hearings.
        5. Sec. 38-173. Execution and Recordation.
        6. Sec. 38-174. Periodic Review.
        7. Sec. 38-175. Effect of Development Agreement.
        8. Sec. 38-176. Amendments or Extensions to Development Agreements.
      4. Article 24 — DEVELOPMENT REVIEW COMMITTEE APPROVAL
      5. Article 25
      6. Article 26 — AMENDMENTS
      7. Article 27 — APPEALS
      8. Article 28 — NONCONFORMING USES, AND STRUCTURES
      9. Article 29
      10. Article 30

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