Article 21

ZONING AND ENVIRONMENTAL REVIEW; FEES AND DEPOSITS

Sections:

• § 38-150. Zoning Review Generally.

• § 38-151. Applications Generally.

• § 38-152. Effective Date; Lapse of Permit; Appeals.

• § 38-153. Duties of the Community Development Director.

• § 38-154. Environmental Review.

• § 38-155. Fees and Deposits.

• § 38-155.1. Indemnification.

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

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A. Purpose. Zoning clearance is the procedure used by the City to verify that a proposed land use or building occupancy classification complies with the list of uses allowed in the applicable zone and the development standards applicable to the use or building occupancy classification, or if additional approvals are required before a zoning clearance permit can be issued.

• B. Applicability. A zoning clearance from the Community Development Director, or designee, shall be obtained:

  1. For each new or expanded use of a site and each new or changed building occupancy classification prior to issuance of a building permit, grading permit, certificate of occupancy, or utility service connection;

  2. For all new businesses to the City that are required to have a business license pursuant to Section 19-4; and

  3. For all existing businesses that are required to have a business license pursuant to Section 19-4 that are changing the type of use or location within the City.

C. Review Procedures. Zoning clearance permits are reviewed and issued by the Community Development Department. Other City departments, such as the Fire Department, will be notified when a zoning clearance permit application has been submitted and will contact the applicant if additional permits or inspections are required.

D. Validity. A zoning clearance permit remains valid as long as the land use, business operations, building occupancy classification, and location do not change. (Ord. 3702 § 3, 2025; Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009)

Applications for all zoning permits, such as use permits, home occupation permits, and other permits, or for any other Planning Commission action or approval, shall be filed with the Community Development Director on appropriate forms accompanied by required plans and materials, an indemnification agreement in compliance with 38-155.1, and shall include a statement that the applicant is the property owner or authorized agent. An application shall not be considered complete until the close of any required public hearing. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009; Ord. 3326, 2003)

Discretionary permits shall be effective when issued. They shall lapse when any other required permit, such as a building permit or grading permit expires or is revoked. Denial of zoning permits shall be subject to appeal by the applicant, as prescribed in Article 27: Appeals.

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

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A. The Community Development Director shall be responsible for administration of the development review process and shall coordinate work of Department staff and the Development Review Committee. The Community Development Director shall refer projects to appropriate commissions and committees for review and comment as required by this chapter. Discretionary permits shall be issued upon determination by the appropriate reviewing body that the proposed use or structure complies with this chapter and that development review, architectural review and environmental review and documentation, if any, required by the California Environmental Quality Act (CEQA) is complete. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

B. Administrative Approval. The Community Development Director may administratively approve over-thecounter minor projects that do not require a public hearing within the time limits specified by Government Code Section 65852.2 or successor provision. (Ord. 3653 § 19, 2022; Ord. 3560 § 10, 2017; Ord. 3472 § 1, 2012)

• C. Zoning Administrator Approval.

The Community Development Director, or designee, acting as Zoning Administrator, may hold a public hearing and consider the following Use Permits and variances: (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

1. Use Permits for guest houses on lots 8,000 square feet or greater in size.

2. Use Permits for minor commercial uses where the finding can be made that the use will not create parking adjustments more than five (5) spaces.

3. Use Permits for commercial communication facilities with large antennas (satellite antennas over 12 feet) above ground and microwave receiving antennas and microwave transmitting and relay equipment which do not create significant visual impacts.

4. Use Permits for non-formula fast food restaurants.

5. Use Permits for change of use in existing buildings.

6. Variances for setbacks for residential applications that meet the criteria in subsections (C)(7)(a) and (b) and either (c) or (d) of this section:

7. Variances for side and rear yard setbacks for residential applications for hot tubs and gazebos that meet criteria in subsection (C)(7)(a) of this section.

• a. That the Variance will not be detrimental or injurious to property or improvements in the vicinity of the development site (e.g., no privacy impacts on adjacent property).

b. That any side yard setback Variance for a residential structure shall not result in a side yard setback of less than three (3) feet and any front or rear yard setback Variance for a residential structure shall not result in a front or rear yard setback of less than ten (10) feet.

• c. That there is a physical hardship with one of the following:

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

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• (i) the topography of the site; or

• (ii) trees or rocky outcroppings on the site or in the immediate vicinity; or

• (iii) the irregular, non-rectangular shape of the site; or

• (iv) the non-conforming lot width/lot depth dimensions of the site; or

  • (v) the location of existing structures on site.

• d. That there are special circumstances of:

  • (i) a single story addition is proposed to an existing residential structure having an existing nonconforming setback; and

  • (ii) the Variance is to allow a single story addition to match the existing non-conforming setback.

8. Variances for fence heights where one or more of the following determinations can be made and that meet the criteria in subsection (C)(7)(c) of this section;

   • a. There is significant grade difference where the house is lower than the street; or

   • b. The property adjoins or is across from a commercially zoned property; or

   • c. The fence does not appear as a visual barrier and does not impede the sight line for vehicles.

9. Variances for fence and wall heights above 6 feet adjacent to Highway 1 where all of the following determinations can be made:

   • a. The property is located directly adjacent to Highway 1 and it is located in a residential zoning district and the use is residential.

b. The fence or wall height above 6 feet is intended, as demonstrated by the proposed height and design, to provide a solid barrier and reduce the transfer of sound between Highway 1 and the residential property.

c. The appearance of the fence or wall as viewed from Highway 1 will not detract from the aesthetic appearance of the Highway.

d. An earth berm and landscaping are incorporated into the plan to reduce the perceived height of the fence or wall.

• e. The maximum height of the fence or wall does not exceed 10 feet above the existing grade.

f. The fence or wall that exceeds 6 feet in height must be able to conform to all requirements of the Building Division and receive a building permit prior to installation.

10. Variances for building projections into yards.

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

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11. Variances for accessory building height, setbacks and coverage in rear yard setbacks.

12. Variances for exceptions to height limits for church spires, cupolas, monuments, water towers, fire and hose towers, chimneys, elevators and other structures.

13. Variances for building separation.

14. Variances for paving and parking in residential front yard setbacks.

15. Minor enforcement items as determined by the Community Development Director. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

16. Expansion of non-conforming single family residential structures by adding not more than 10% of the existing habitable floor area.

17. Other minor Use Permits or variances as determined by the Community Development Director. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

18. Use permits for communication facilities and PWS facilities. (Ord. 3443 § 8, 2010; Ord. 3429 § 3, 2009; Ord. 3424 § 1, 2009; Ord. 3326, 2003)

A project that is not ministerially or categorically exempt from CEQA and is the subject of an application for a discretionary approval, including but not limited to a General Plan amendment, zoning map amendment, use permit, variance, Specific Plan, or PC Plan shall be subject to environmental review, as required by City of Monterey environmental regulations.

All persons submitting applications for permits, as required by this ordinance, or filing appeals shall pay all fees and/or deposits as provided by the City Council’s resolution or by resolutions establishing applicable fees and charges. Said resolution or resolutions are hereby incorporated by reference as though fully set forth herein. A copy of all applicable fees and deposits shall be available at the Community Development Department. (Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009)

(Ord 3326, 06/2003)

• A. Indemnification Agreement.

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

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1. All applications described in Section 38-151 shall include the applicant agreeing, as part of the application, to defend, indemnify, and hold harmless the City and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as “proceeding”) brought against the City or its agents, officers, attorneys or employees to attack, set aside, void, or annul:

2. a. Any such approval of the City; and/or

   • b. An action taken to provide environmental clearance under the California Environmental Quality Act (CEQA) by its advisory agencies, appeal boards, or City Council.

The indemnification agreement shall be in a form acceptable to the City Attorney and shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorney’s fees, and other costs, liabilities and expenses incurred in connection with such proceeding whether incurred by the applicant, the City, and/or the parties initiating or bringing such proceeding. The agreement shall also include a provision obligating the applicant to indemnify the City for all of the City’s costs, fees, and damages that the City incurs in enforcing the indemnification provisions of this section.

3. Also at the time of submitting an application, the applicant shall agree, as part of the application, to defend, indemnify and hold harmless the City, its agents, officers, employees and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, redrafting, revising, or amending any document (such as an EIR, negative declaration, specific plan, or general plan amendment) if made necessary by said proceeding and if the applicant desires to pursue securing such approvals and/or clearances, after initiation of the proceeding, which are conditioned on the approval of these documents.

4. In the event that a proceeding described in subdivision (A)(1) or (A)(2) of this section, or in subsection B of this section, is brought, the City shall promptly notify the applicant of the existence of the proceeding and the City will cooperate fully in the defense of the proceeding. Nothing in this section shall prohibit the City from participating in the defense of any proceeding.

5. In the event that the applicant is required to defend the City in connection with any proceeding described in subsection A of this section, or in subsection B of this section, the City shall retain the right to approve:

   • a. The counsel to so defend the City;

   • b. All significant decisions concerning the manner in which the defense is conducted; and

   • c. Any and all settlements, which approval shall not be unreasonably withheld.

The City shall also have the right not to participate in the defense, except that the City agrees to cooperate with the applicant in the defense of the proceeding. If the City chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City. Notwithstanding the immediately preceding sentence, if the City Attorney’s Office participates in the defense, all City Attorney fees and costs shall be paid by the applicant.

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

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6. If at the time that this section becomes effective, an application for any of the approvals or clearances covered by this section has already been deemed complete, there shall be added as a condition to its approval or clearance the obligation of the applicant to indemnify the City in a form and with language substantially in conformance with subsections (A)(1) through (A)(4) of this section.

• B. Indemnification Applicable Even if Applicant Fails or Refuses to Enter Into Agreement. Even if the applicant for a discretionary approval described in subsection A of this section fails or refuses to enter into the agreement specified in subsections (A)(1) and (A)(2) of this section, that applicant, or the owner of the subject property if different from the applicant, shall, as a condition to any of the approvals specified below:

  1. Defend, indemnify and hold harmless the City and its agents, officers, attorneys and employees from any claim, action, or proceeding (collectively referred to as “proceeding”) brought against the City or its agents, officers, attorneys or employees to attack, set aside, void, or annul the Council’s (or Commission’s) decision to approve any development or land use permit, license, approval or authorization, including but not limited to approval of, master plans, precise plans, preliminary plans, design review, variances, use permits, general plan amendments, zoning amendments, approvals and certifications under CEQA and/or any mitigation monitoring program, but excluding any subdivision approval governed by California Government Code §66474.9. This indemnification shall include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys’ fees and other costs liabilities and expenses incurred in connection with such proceeding whether incurred by applicant, the City, and/or the parties initiating or bringing such proceeding.

  2. Defend, indemnify and hold harmless the City, its agents, officers, employees and attorneys for all costs incurred in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as a negative declaration, EIR, specific plan or general plan amendment), if made necessary by said proceeding and if applicant desires to pursue securing such approvals, after initiation of such proceeding, which are conditioned on the approval of such documents.

red in additional investigation and/or study of, or for supplementing, preparing, redrafting, revising, or amending any document (such as a negative declaration, EIR, specific plan or general plan amendment), if made necessary by said proceeding and if applicant desires to pursue securing such approvals, after initiation of such proceeding, which are conditioned on the approval of such documents.

3. Indemnify the City for all the City’s costs, fees, and damages that the City incurs in enforcing the indemnification provisions set forth in this section.