Article 22

USE PERMITS; VARIANCES

Sections:

• § 38-156. Purposes.

• § 38-157. Authority of Planning Commission.

• § 38-158. Submittal Requirements.

• § 38-159. Notice and Public Hearing.

• § 38-160. Duties of Planning Commission and Community Development Director. § 38-161. Required Findings.

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

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• § 38-162. Conditions of Approval.

• § 38-163. Planned Unit Development Approval. § 38-164. Effective Date; Appeals.

• § 38-165. Lapse of Approval; Transferability; Discontinuance; Revocation. § 38-166. Changed Plans; New Application.

• § 38-167. Reserved.

This article provides the procedures for approval, conditional approval, or disapproval of use permit, variance, and planned unit development applications.

Use permits are required for use classifications typically having unusual site development features or operating characteristics requiring special consideration so that they may be designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area.

Variances are intended to resolve unnecessary physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from geographic, topographic, or other physical conditions on the site or in the immediate vicinity; or from street locations or traffic conditions in the immediate vicinity of the site. Variances may be granted with respect to fences, walls, landscaping, screening, site area, site dimensions, yards, height of structures, distances between structures, open space, signs, special setbacks, and performance standards.

Authorization to grant variances does not extend to density or to use regulations because the flexibility necessary to avoid results inconsistent with the land use objectives of this ordinance is provided by the use permit process for specified uses and by the authority of the Planning Commission to determine whether a specific use belongs within one or more of the use classifications listed in Article 4.

The Planning Commission shall approve, conditionally approve, or disapprove applications for Use Permits or variances which are consistent with the General Plan, subject to the general purposes of this ordinance, the specific purposes of the base or overlay zoning district in which a development site is located, and the provisions of this chapter, unless authority for a decision on a Use Permit is specifically assigned to the Community Development Director in the individual chapters of this ordinance. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3429 § 3, 2009; Ord. 3424 § 1, 2009)

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

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Submittal requirements for Use Permit and Variance applications shall be developed, maintained, and adopted by the Planning, Engineering and Environmental Compliance Division, shall be made available to the public at City Hall, and shall be subject to review and oversight by the Planning Commission on an annual basis, or as requested by the public or the Planning Commission. (Ord. 3430 § 1, 2009)

• A. Public Hearing Required. The Planning Commission or the Community Development Director, as the case may be, shall hold a public hearing on an application for a Use Permit or Variance in a time frame as set forth by the Permit Streamlining Act. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3429 § 3, 2009)

B. Time of Hearing. Within 20 working days after acceptance of an application, the Community Development Director shall set a tentative time and place for a public hearing to be held within 60 days; provided, that, for wireless facilities, the tentative time and place for the public hearing shall be set and noticed so that the hearing may be conducted at least 40 days prior to the date the City is required to take final action on the application. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

• C. Notice. Notice of the hearing shall be given in the following manner: (Ord 3326, 06/2003) :

1. Mailed or Delivered Notice. At least 10 days prior to the hearing, notice shall be mailed to the applicant, affected agencies, anyone who made a request for a notice, and all owners of property 150 feet from each corner of the site and 300 feet of the boundaries of the site up and down both sides of the streets it fronts, as shown on the last equalized property tax assessment role.

   2. Posted Notice. Notice shall be posted at the Community Development Department and the Office of the City Clerk and on or adjacent to the project site. (Ord. 3653 § 19, 2022)

   3. Hearing Agenda. The public hearing agenda and packet of information shall be made available to the public in the Monterey Public Library three days prior to the public hearing.

• D. Contents of Notice. The notice of public hearing shall contain:

  1. A description of the location of the development site and the purpose of the application;

  2. A statement of the time, place, and purpose of the public hearing;

  3. A reference to application materials on file for detailed information; and

  4. A statement that any interested person or an authorized agent may appear and be heard.

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

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E. Multiple Applications. When applications for multiple Use Permits or variances on a single site are filed at the same time, the Community Development Director shall schedule a combined public hearing. (Ord. 3653 § 19, 2022; Ord. 3586 § 5, 2018; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

A. Public Hearing. The Planning Commission or the Community Development Director, as the case may be, shall conduct the public hearing and hear testimony for and against the application. A public hearing may be continued to a definite date and time without additional public notice. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

B. Decision and Notice. At the conclusion of a public hearing, the Planning Commission or the Community Development Director shall approve, conditionally approve, or disapprove the application. Notice of the decision shall be mailed to the applicant and any other party requesting such notice within 10 days of the date of the decision becoming effective. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

The Planning Commission or the City Manager or Designee, as the case may be, shall approve an application for a Use Permit or variance as it was applied for or in modified form, as required by the Commission, if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission or the City Manager or Designee finds:

• A. For Use Permits.

  1. That the proposed use is in accord with the objectives of this chapter and the purposes of the zone;

2. That the proposed use and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan; will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the city; and

3. That the proposed use will comply with any specific condition required for that use.

Special Finding for residential condominium or residential condominium conversion projects:

4. That the proponents of the residential condominium or residential condominium conversion projects have demonstrated that they are financially able to carry out the proposed project; that they intend to start construction within thirty (30) months of the approval of the project; and intend to complete the construction within a reasonable time, as determined by the Planning Commission. (Ord. 3436 § 2, 2009)

• B. For Variances.

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

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1. That, because of special circumstances or conditions applicable to the subject property (including size, shape, topography, location, or surroundings), strict application of the requirements of this ordinance deprives such property of privileges enjoyed by other property in the vicinity and under an identical zoning classification;

2. That granting the application will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety, or general welfare; and

3. That granting the application is consistent with the purposes of this ordinance and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district. (Ord. 3424 §§ 1, 14, 2009)

In approving a Use Permit or variance, the Planning Commission or the Community Development Director may impose reasonable conditions necessary to: (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

• A. Achieve the general purposes of this ordinance or the specific purposes of the zoning district in which the site is located, or to make it consistent with the General Plan;

• B. Protect the public health, safety, and general welfare; or

C. Ensure operation and maintenance of the use in a manner compatible with existing and potential uses on adjoining properties or in the surrounding area. (Ord. 3424 § 1, 2009)

A. Purpose. The purpose of Planned Unit Development (PUD) approval is to encourage innovative planning for residential, commercial, or industrial development. Diversification is allowed in the relationships of various buildings, structures, and open spaces and planned building groups, and the allowable heights of buildings and structures, while ensuring substantial compliance to the zone regulations and other provisions of this chapter. In determining the development intensity in a Planned Unit Development, undevelopable land shall be excluded.

B. Initiation of Planned Unit Development Approval. Planned Unit Development approval shall be initiated by filing the following items with the City Manager or Designee:

1. A filing fee, as set forth by resolution of the City Council.

2. Submittal requirements for Planned Unit Development applications as developed and maintained by the Planning, Engineering and Environmental Compliance Division.

3. No application shall be accepted for a use which will require a change of zoning, unless the application is accompanied by an application for zoning amendment; provided, however, that uses incidental to a

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

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permitted use may be approved by the Planning Commission when clearly appropriate and incidental to the primary use. (Ord. 3436 § 2, 2009)

• C. Notice and Public Hearing.

  1. The notice and public hearing for Planned Unit Developments shall be the same as for a Use Permit.

• D. Duties of Planning Commission and the Community Development Director.

1. Public Hearing. The Planning Commission shall conduct a public hearing and hear testimony for and against the application. The Planning Commission shall act upon the application within 45 days, pending any necessary zoning amendment. A public hearing may be continued to a definite date and time without additional public notice.

2. Decision and Notice. At the conclusion of a public hearing, the Planning Commission shall approve, conditionally approve, or disapprove the application. Notice of the decision shall be made to the applicant and any other party requesting such notice within ten days of the date of a decision becoming effective. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

E. Required Findings. The Planning Commission shall approve an application for a Planned Unit Development as was applied for or in modified form, if, on the basis of the application, plans, materials, and testimony submitted, the Planning Commission find:

1. The proponents of the Planned Unit Development have demonstrated that they are financially able to carry out the proposed project; that they intend to start construction within thirty (30) months of the approval of the project and in any necessary zoning changes; and intend to complete the construction within a reasonable time, as determined by the Planning Commission.

2. That the proposed Planned Unit Development is consistent with the Monterey General Plan and any neighborhood plan or area plan which has been adopted affecting the property.

3. In the case of proposed commercial development, that such development is desirable at the proposed location to provide adequate commercial facilities of the type proposed; that traffic congestion will not be created by the proposed development or will be mitigated by projected improvements; that the development will be an attractive and efficient center which will fit harmoniously into the surrounding neighborhood and will not have significant adverse effects upon the surrounding neighborhoods.

4. In the case of proposed industrial developments, that such development is fully in conformity with applicable performance standards set forth in this chapter, and will constitute an efficient and well organized development with adequate provisions for transportation access and necessary storage; that such development will have no significant adverse effects upon surrounding neighborhoods.

5. That the development of a harmonious, integrated plan justifies exceptions, if such are required to the normal requirements of this chapter.

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

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F. Conditions of Approval. In approving a Planned Unit Development, the Planning Commission may impose reasonable conditions. Conditions may include a performance bond of not more than 10% of the estimated cost of the Planned Unit Development. Any Planned Unit Development, as authorized, shall be subject to all conditions imposed and shall be excepted from other provisions of the chapter only to the extent specified in the permit. (Ord. 3424 § 1, 2009)

A Use Permit or variance shall become effective at the end of the appeal period, unless appealed to the City Council, as provided in Article 27. Appeals may be made by the applicant or any interested person.

A. Procedures to be Followed upon Approval of Permits. Any person, corporation, partnership, group, association, or other legal or business entity that receives from the Planning Commission, or other City body or office, any permit or other entitlement under this chapter shall, as soon as possible after the granting of the permit or entitlement, receive from the Community Development Department a true and exact copy of the permit, along with a list of any conditions imposed by the Planning Commission or other body or office. (Ord. 3653 § 19, 2022; Ord. 3477 § 2, 2012; Ord. 3472 § 1, 2012)

• B. Lapse of Approval. A Use Permit or variance shall lapse two years or at an alternative time specified as a Condition of Approval after its date of approval unless:

  1. A building permit has been issued and substantial construction costs expended; or

  2. A certificate of occupancy has been issued; or

  3. The use is established; or

4. The Use Permit or Variance is renewed. A two-year time extension may be approved following a hearing by the Zoning Administrator for minor projects and by the Planning Commission for major projects. A major project may be defined as those projects requiring an Environmental Impact Report or new apartments of 4 units or greater or new commercial or industrial buildings or parking adjustments of 5 or more spaces or Variances for commercial or industrial sites involving lot coverage, floor area ratio and building height or as determined by the Community Development Director. Any subsequent extension after the first extension may be approved by the Planning Commission unless delegated by the Commission to the Zoning Administrator. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3327, 2003)

• C. Transferability. The validity of a Use Permit or a variance shall not be affected by changes of ownership.

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

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D. Discontinuance. A Use Permit or variance shall lapse if the exercise of rights granted by it is discontinued for 18 consecutive months.

E. Revocation. A Use Permit or variance that is exercised in violation of a Condition of Approval or a provision of this ordinance may be revoked, as provided in Section 38-221. (Ord. 3424 § 1, 2009)

(Ord 3326; 06/2003)

A. Project Reconsideration. Any Planning Commissioner or Councilmember who voted with the majority may move for reconsideration of any project action at the same meeting or at the next regular meeting. Any request for reconsideration at the next meeting must be made in writing, must set forth the reasons for the request and be received by the Planning Secretary or City Clerk for City Council before the Agenda deadline for the next scheduled meeting to ensure Brown Act compliance.

• B. Project Reopening.

A request to reopen a project that was denied or a request for changes in Conditions of Approval of a Use Permit or Variance, or a change in site plans that would affect a Condition of Approval within one year of approval shall be considered a Project Reopening. Any request for reopening must be made in writing and must set forth the reasons for the request. The Community Development Director may waive the requirement for a Project Reopening application if the changes requested are minor, do not involve substantial alterations or additions to a development plan or the Conditions of Approval, and are consistent with the intent of the original approval. (Ord. 3472 § 1, 2012)

Project Reopening will be a two step process. Planning Commission will consider the request and first decide whether the project should be reopened. The Community Development Director also may waive the requirement that Planning Commission consider the request and may refer the request directly to the City Council. If the Commission determines that the project should be reopened, the hearing on the project will be held at a subsequent meeting. The applicant will then present the project at the subsequent date and the project will be considered on its merits. (Ord. 3472 § 1, 2012)

The required findings to determine whether the project should be reopened include:

1. That there are new and significant facts not previously considered; or

2. That there has been a significant change in circumstances. (Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009)

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

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