Article 27 — APPEALS

Sections:

• § 38-203. Purpose of Appeal.

• § 38-204. Right of Appeal -- Planning Commission.

• § 38-205. Right of Appeal -- Administrative and Other Committee Decisions.

• § 38-206. Right of Appeal -- Interested Parties.

• § 38-207. Time for Filing.

• § 38-208. Notice of Appeal -- Form and Content.

• § 38-209. Appeal by City Councilmember or City Manager; Review of Projects Requiring Environmental Impact Report (EIR).

• § 38-210. Hearing Date -- Notice.

• § 38-211. Authority of Appellate Body.

(Ord. 3586, 2018)

The purpose of the appeal procedure is to give interested parties an opportunity to appeal legislative, judicial, and quasi-judicial actions which have been delegated to the Planning Commission, various boards, commissions, and employees to the City Council. (Ord. 3586 § 4, 2018)

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

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Any order, requirement, decision, determination, interpretation, or ruling made by the Planning Commission in the enforcement or administration of this chapter may be appealed to the City Council pursuant to the procedures set forth in this article. Only those matters which would become final if not appealed shall be subject to appeal. Recommendations and advisory opinions of the Planning Commission upon matters which the City Council has authority to take final action shall not be appealable. (Ord. 3586 § 4, 2018)

Any order, decision, determination, interpretation, or ruling made by the Zoning Administrator, Historic Preservation Commission, Development Review Committee, officer, board, commission, or committee employee of the City authorized to enforce or administer this chapter may be appealed to the Planning Commission pursuant to the procedures set forth herein. Only those matters which would become final if not appealed shall be subject to appeal. Recommendations and advisory opinions upon matters which the Planning Commission has authority to act shall not be appealable. (Ord. 3715 § 30, 2025; Ord. 3586 § 4, 2018)

Any interested party shall have the right of appeal. (Ord. 3586 § 4, 2018)

An appeal shall be filed or action taken pursuant to Section 38-208 within 10 days from the date of final action, except for applications for wireless facilities. For a wireless facility application controlled by Section 38-112.4, any appeal shall be filed or action taken pursuant to Section 38-208 within three business days from the date of the Planning Commission’s decision to approve or deny a wireless facility application. The purpose of this limitation is to ensure that any applicable Federal or State deadlines for action on a wireless application are granted. The City Manager may extend the time for appeal to 10 days from the date of the final action where the City Manager determines extension would not result in a violation of applicable law. (Ord. 3586 § 4, 2018)

The notice of appeal shall be in writing and shall be filed in the Community Development Department upon forms provided by the City. The notice of appeal must set forth specifically the grounds of appeal and the action that is requested, and staff shall work to ensure that appeals are allowed to proceed whenever possible. Filing the appeal

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

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and payment of fees within the time limit shall stay the effective date of the action until a final determination on the appeal. (Ord. 3715 § 31, 2025; Ord. 3653 § 19, 2022; Ord. 3586 § 4, 2018)

Any City Councilmember or the City Manager may appeal a subordinate decision to the City Council for review on the basis that the determination affects, impacts, or deals with matters of general policy in the City, or may have a significant environmental, economic, or physical impact on a City facility or service. The general procedures of this article shall apply, insofar as practical. However, there shall be no fee for such an appeal.

Any approved project which required certification of an Environmental Impact Report (EIR) by the Planning Commission shall be referred to the City Council for review at its next regular meeting. The City Council may elect to take no action, making the decision of the Planning Commission final, or, upon the request of any Councilmember, set the matter for hearing as an appeal, which shall be heard and determined in the same manner as other appeals taken pursuant to this article. (Ord. 3586 § 4, 2018)

A. Upon receipt of the notice of appeal and payment of fees, the City shall schedule and give notice of the date, time, and place of the public hearing. Notice of the date, time, and place of the public hearing will be provided within 45 days from the date of the filing of the appeal and the payment of fees as follows:

1. Publication of notice of hearing in a newspaper of general circulation in the City of Monterey not less than five days prior to date of hearing, except that an appeal hearing for a wireless facility application controlled by Section 38-112.4 shall be given not less than three business days prior to date of hearing.

2. Mailing notice as prescribed in Section 38-159(C).

3. The Community Development Department shall process appeals to the Planning Commission. The City Clerk shall process appeals to the City Council.

   4. The date of the appeal hearing shall be scheduled at the next reasonably available meeting.

• B. Failure of parties to receive notice of hearing shall in no way affect the validity of action taken.

C. The date of hearing may be extended only upon written consent of the original applicant; however, once begun, a hearing may be continued if the City Council or Planning Commission needs further information to facilitate a fair and adequate determination of the appeal. (Ord. 3715 § 32, 2025; Ord. 3653 § 19, 2022; Ord. 3586 § 4, 2018)

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

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Upon hearing the appeal, the City Council or Planning Commission shall consider the record and such additional evidence as may be offered and shall find whether, in its opinion, error was made. The City Council may affirm, reverse, or modify the action appealed as it deems just and equitable, and may exercise all rights of any other officer or commission. The City Council or Planning Commission shall transmit a copy of its decision to the applicant, appellant, and the body whose action is appealed within 30 days of hearing the matter. (Ord. 3586 § 4, 2018)