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

Sec. 38-174. Periodic Review.

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

A. Every development agreement approved and executed in compliance with this section shall be subject to annual City review, during the full term of the agreement. Appropriate fees to cover the City’s costs to conduct the periodic reviews shall be collected from the applicant in compliance with City Resolution.

B. The purpose of the periodic review shall be to determine whether the applicant or its successor-in-interest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by the Community Development Director. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

C. If, as a result of periodic review the City Council finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the City Council may order, after a noticed public hearing, that the agreement be terminated or modified. (Ord. 3424 § 1, 2009)

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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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