Article 26 — AMENDMENTS

Sections:

• § 38-194. Applicability. § 38-195. Initiation of Amendments. § 38-196. Submittal Requirements.

• § 38-197. Public Hearing Scope and Notice.

• § 38-198. Duties of Planning Commission. § 38-199. Result of Planning Commission Denial. § 38-200. Duties of City Council. § 38-201. Revisions of Proposed Amendments. § 38-202. Resubmission of Application.

This ordinance may be amended by changing the zoning map or the regulations.

A. Zoning Map. Amendments to the zoning map shall be initiated by motion of the City Council or Planning Commission, action of the Community Development Director, or by application of the owner or authorized agent of property for which the change is sought. If property that is the subject of an application is in more than one ownership, all the owners or their authorized agents shall join in filing the petition.

B. Zoning Regulations. Amendments to the zoning regulations shall be initiated by motion of the City Council or the Planning Commission, action of the Community Development Director, or by application of any resident, property owner or business owner in the city.

C. Zoning of Annexed Land. The Community Development Director shall conduct a study to determine the most appropriate General Plan designation for land proposed for annexation to the city, and shall recommend prezoning consistent with the General Plan designation. If prezoning is approved by the Planning Commission and the City Council, the zoning shall become effective upon annexation. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

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

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Submittal requirements for Zoning Amendment 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 § 6, 2009)

A. Scope. The Community Development Director shall set a date, time, and place for the public hearing and prepare a report to the Planning Commission on an application of a property owner for a zoning map amendment or a petition for a zoning regulation amendment. The report shall describe the area or subject to be considered for change and, if warranted, proposing alternative amendments. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

• B. Notice of Hearing.

  1. Normal Procedure. Notice shall be given in accord with Section 38-159 of this ordinance.

  2. Zoning Map Amendments: 1,000 or More Lots. If a proposed zoning map amendment includes 1,000 or more lots, notice may be given by placing a display advertisement of at least one eighth page in at least one newspaper of general circulation within the City prior to the hearing.

• C. Contents of Notice. Notices required by this section shall contain:

  1. A description of the amendment;

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

  3. Reference to the Council or Commission motion or application and other materials on file with the Community Development Director for detailed information; and (Ord. 3653 § 19, 2022)

  4. A statement that any interested party or agent may appear and be heard. (Ord. 3472 § 1, 2012)

• D. Multiple Applications. The Planning Commission may schedule a combined public hearing on multiple applications for zoning map or text amendments. (Ord. 3424 § 1, 2009)

A. Public Hearing. At the time and place set for the public hearing, the Planning Commission shall consider the report of the Community Development Director and shall hear evidence for and against the proposed amendment. The Planning Commission may continue the public hearing to a definite date and time without additional notice. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)

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

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B. Recommendation to City Council. Following the public hearing, the Commission shall make specific findings as to whether the proposed zoning regulation or zoning map amendment is consistent with the policies of the General Plan and the purposes of this ordinance and shall recommend approval, conditional approval, or disapproval of the proposal as submitted or in a modified form. (Ord. 3424 § 1, 2009)

A Planning Commission recommendation of denial of an application for a zoning map amendment or zoning regulation amendment submitted by petition shall terminate proceedings, unless appealed.

A. Hearing Date and Notice. Upon receipt of a Planning Commission recommendation for approval or conditional approval of an amendment to the zoning regulations or map, the City Manager shall set a date and time for a public hearing on the proposed amendment. The hearing shall be held within 45 days of the date of filing of the Commission recommendation. The City Clerk shall give notice of such hearing, as required by Section 38-197.

B. Public Hearing. At the time and place set for the public hearing, the Council shall hear evidence for and against the proposed amendment. The Council may continue the public hearing to a definite date and time without additional notice.

C. Council Decision. After the public hearing, the Council shall approve, modify, or reject the Commission recommendation; provided, that a significant modification not previously considered by the Commission shall be referred to the Commission for a report prior to adoption of an ordinance amending the zoning regulations or map. Failure of the Planning Commission to report within 40 days after referral or such longer period as may be designated by the Council shall be deemed approval of the proposed modification. Prior to adoption of an ordinance, the Council shall make findings that the proposed regulation or map amendment is consistent with the policies of the General Plan and the notice and hearing provisions of this ordinance.

A. Revisions. At or after a public hearing, the Commission or the Council may initiate a change of zone or amendment to the Zoning Regulations by determining that the public interest would be served by:

1. Revising the boundaries of an area proposed for a zoning map amendment;

2. Considering zoning map designations not originally presented in a motion, application, or Commission recommendation; or

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

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3. Considering zoning regulation amendments not originally presented in a motion, petition, or Commission recommendation.

• B. Supplemental Notice. Notice shall be given prior to a hearing on a revised amendment in accord with Section 38-197.

Following denial of an application or petition for an amendment to the zoning regulations or the zoning map by the Commission or Council, no new application or petition for the same, or substantially the same, amendment shall be accepted within one year of the date of denial.