Monterey City Council
December 6, 2025

Monterey Conference Center
Stevenson Room # 2
(upstairs)
1 Portola Plaza
Monterey, California

CITY COUNCIL AGENDA
Council Special Meeting and
Closed Session
Saturday, December 6, 2025
7:30 AM
Mayor
Tyller Williamson
Councilmembers
Kim Barber, District 1
Ed Smith, District 2
Jean Rasch, District 3
Gino Garcia, District 4
City Manager
Hans Uslar
City Attorney
M. Christine Davi
HOW TO PARTICIPATE IN THIS MEETING:
 In-Person: At the meeting location listed above.
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o On a computer or smartphone: https://monterey-org.zoomgov.com/j/1616037682 Zoom software must be up-to-date. For help, please use our Zoom Meeting Instructions. o By telephone dial 833-568-8864 (Toll Free), 669-254-5252 (CA) or 646-828-7666 (NY). If one number doesn’t work, please try another. Enter Webinar ID: 161 603 7682 # If asked for participant ID, press #. To raise your hand (or lower it), dial *9. Once called upon, dial *6 to unmute.
 This meeting will also stream live for viewing only on youtube.com/cityofmonterey (~10 second delay) and on Comcast Channel 25 (up to 90 second delay).  Written comment: Emailed comments to [email protected] sent no later than ½ hour before the start of the meeting (sooner preferred) are not read aloud but are made available to the Council and public at monterey.gov/submitted-comments.

PUBLIC COMMENT PROCEDURES AND TIME LIMITS:

The total amount of time allocated for public comment on a particular issue and for each individual speaker is generally as follows:

1. Up to three minutes per speaker.

2. The total time allocated for public comment: 30 minutes per item for Public Hearing items.

At the time an item is considered, the Mayor will ask those attending the meeting in person to line up at the podium or raise their hands, and for remote participants to use *9 on the telephone or the “raise hand” function in Zoom, if they wish to address the City Council. The maximum amount of time for each person to speak and the total amount of time allotted for each item will be determined based on the number of people indicating an interest in speaking and the amount of business to be conducted on the agenda. In exceptional circumstances and when necessary to ensure a full opportunity for public input, the Mayor may, with the legislative body’s consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker.

CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant to the Levine Act (Govt. Code §84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

Call to Order
12/6/2025 7:30:00 AM
2 Special Meeting
Public Hearing
Public Hearing are held to receive a staff presentation and public comment on certain items prior to City Council action. NOTICE CONCERNING YOUR LEGAL RIGHTS: If you challenge the City Council’s zoning, planning, or land use decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing on the matter, or in written correspondence delivered to the City at the time of or prior to the public hearing. (Government Code section 65009.)

1. Adopt the Planning Commission Recommendation and Approve 1st Reading of an Ordinance Amending the Monterey City Code to Dissolve the Architectural Review Committee and Transfer its Powers and Duties to the Planning Commission (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Adjourn to Closed Session
The City Council will take public comments on closed session items before convening to closed session.

Closed Session

2. Title: Public Employment Appointment Pursuant to Government Code Section 54957(b)(1), Unrepresented Employees: Prospective City Manager Candidate Interviews
Adjournment
Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: monterey.gov/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours. All comments and materials provided to the Council become part of the public record. Members of the public who comment in any fashion on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $500 to an officer of the City within the preceding 12 months.

INTERPRETATION: The Monterey City Council invites and encourages public participation at its meetings.

Requests for language interpretation may be made by contacting the City Clerk at [email protected] or 831-646-3935. The City Clerk will make every effort to accommodate requests for interpreter assistance.

Requests should be made as soon as possible in advance of any meeting of the City Council. The City is committed to addressing language interpretation requests swiftly in order to maximize public participation.

ACCESSIBILITY: The City of Monterey is committed to including people with disabilities in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including to coordinate the use of a hearing device, please contact [email protected] or (831) 646-3935. Notification 30+ hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-

35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communication-related assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-tospeech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week.

CITY OF MONTEREY 24-HOUR SUGGESTION HOTLINES: (831) 646-3799 or [email protected] Upcoming city meetings are listed at monterey.gov/agendas For more information, call (831) 646-3935 Council
Agenda Report
№11/25
FROM: Kim Cole, AICP, Community Development Director
Prepared By: Levi Hill, AICP, Planning Manager
SUBJECT: Adopt the Planning Commission Recommendation and Approve 1st Reading of an Ordinance Amending the Monterey City Code to Dissolve the Architectural Review Committee and Transfer its Powers and Duties to the Planning Commission (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council pass the ordinance to a second
reading. The Planning Commission considered, and
recommended, the adoption of this ordinance at its meeting held on November 25, 2025.

VALUE DRIVERS:

Foster a local government that is transparent and
collaborative; and solicits, welcomes and appreciates input from all.

Support efforts and policies that provide equitable access to affordable housing in Monterey and the region.

POLICY IMPLICATIONS:

The ordinance would amend City Code to provide a
streamlined permitting review for land use entitlements.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE
ACT) APPLIES: No.

FISCAL IMPLICATIONS:

A reduction in the number of meetings required for
development proposals will reduce the amount of
administrative support expended throughout the
development review process. A minimal level of cost
savings is anticipated.

Agenda Report Highlights
 The City Council is considering an
ordinance to dissolve the
Architectural Review Committee
and transfer its powers and duties to
the Planning Commission.
 The proposed amendment aims to
streamline the development review
process and reduce administrative
support requirements.
 Term limits for appointed service on
boards, commissions, and
committees will be set at 12 years
starting January 1, 2026.
 The reassignment of ARC tasks to
the Planning Commission aligns
with the City Charter’s Visitor
Accommodation Facility
development standards without
requiring a Charter Amendment.
 The Planning Commission
recommended adopting the
ordinance after a public hearing on
November 25, 2025.

Date: 12/6/2025
Item No.: 1.

Council Special Meeting, 12/6/2025, Item No. 1., Item Page 1, Packet Page 3 №11/25
ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City Council could choose not to adopt the proposed amendment or approve the proposed ordinance with modifications.

DISCUSSION:

Background
On June 17, 2025, the City Council considered consolidating its boards, commissions, and committees to streamline processes for applicants and to cut down on the number of meetings requiring administrative support. On July 23, 2025, the City Council subsequently directed staff to prepare the necessary ordinance amendments to dissolve the ARC and transfer the powers and duties of the committee to the Planning Commission (Attachment 1).

Chapter 2, Administration, of the Monterey City Code (MCC) establishes the Powers and Duties of the various boards, committees, and commissions including the ARC:

Monterey City Code, Sec. 2-5.01, Special Powers and duties:

The Architectural Review Committee shall be empowered to:
a. Review projects to ensure the promotion of orderly development, ensure high quality design that is harmonious with project surroundings, implement the General Plan as well as neighborhood plans, and to preserve and promote the visual character of the City. b. Review and oversee minimum submittal requirements for administering architectural review.

Proposed Amendment
The primary intent of the proposed ordinance is to dissolve the ARC and to transfer all powers and duties previously granted to the ARC to the PC, effective January 15, 2026. Changes included in the proposed amendment affecting the functions of the PC and the ARC are contained in Chapters 2, 31, 33, 37, and 38 of the MCC, however only amendments to Chapter 38 of the MCC Council Special Meeting, 12/6/2025, Item No. 1., Item Page 2, Packet Page 4 №11/25
fall within the purview of the Planning Commission and require a recommendation to the City Council.

The proposed ordinance includes various amendments to the MCC to replace references to the ARC with PC. Notably, the proposed amendments would grant the PC the authority to review and oversee architectural review for projects in the City. MCC, Chapter 38, Article 25 establishes the purpose and procedure for Architectural Review:

Monterey City Code, Sec. 38-187, Purpose:

The purpose of architectural review is to promote orderly development, to ensure high quality design that is harmonious with its surroundings, to implement the General Plan, as well as area or neighborhood plans, and to preserve and promote the visual character of the City.

Excerpted Amended Text:

Monterey City Code, Sec. 38-189, Review Procedures:

A. Minor and Major Architectural Review. The Architectural Review Committee Planning Commission shall adopt and maintain a list of project types that are eligible for either minor or major architectural review. Minor and major architectural review shall be conducted as follows:

1. Major architectural review shall be conducted by the Architectural Review Committee Planning Commission at a public meeting.

Additionally, the proposed amendment establishes term limits for various Boards, Committees, and Commissions with the exception of the Appeals Hearing Board, the Disabled Access Board, the Building and Housing Appeals Board, and the Measures P and S Oversight Committee.

Excerpted Amended Text:

Term Limits. “No person shall serve more than 12 years total in appointed service. This term limit shall apply in the aggregate to all boards, commissions, and committees, regardless of whether such service is consecutive or nonconsecutive, or on a single body or in combination. This subsection applies to full terms commencing on or after January 1, 2026.

Planning Commission Recommendation
On November 25, 2025, the Planning Commission held a duly noticed public hearing, carefully considered all the information presented, including the agenda report and information submitted by interesting persons, and recommended the City Council adopt first reading of the ordinance.

Analysis
The proposed amendments would improve the City’s development review process by streamlining the public hearing procedures and reducing the number of meetings requiring administrative support.

Council Special Meeting, 12/6/2025, Item No. 1., Item Page 3, Packet Page 5 №11/25
The City has received comments from a member of the public that City Charter Appendix A to Section 8.1, Property Development Standards, contains two references to the ARC and therefore the ARC cannot be dissolved without a vote of the people. However, the City Charter did not create the Architectural Review Committee. Rather, the ARC was created in 1960 with the adoption of Ordinance No. 1231, decades prior to the implementation of VAF zones. This action is not changing the Charter’s Visitor Accommodation Facility (VAF) development standards. The City agrees that a change to the development standards would require a Charter Amendment adopted by a vote of the people. Here, however, the proposed amendments reassign tasks from the ARC to the Planning Commission, thereby fulfilling the purpose and intent of the Charter’s VAF zone development standards.

In conclusion, staff recommends the City Council adopt the Planning Commission recommendation and approve a first reading of an ordinance amending the Monterey City Code to dissolve the Architectural Review Committee and transfer powers and duties to the Planning Commission. Given the number of edits, a track changes version is also attached to provide context.

KC/lh
Attachments: 1. Draft Ordinance

2. Track Changes Version of Revisions
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.gov/Submitted-Comments
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 4, Packet Page 6 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№09/24

DISSOLVING THE ARCHITECTURAL REVIEW COMMITTEE AND TRANSFERRING ITS

POWERS AND DUTIES TO THE PLANNING COMMISSION
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, City boards, commissions, and committees are established to provide independent recommendations to the City Council, or, in the context of the Planning Commission and the Architectural Review Committee, to make independent decisions and take administrative actions;
WHEREAS, the City’s boards, commissions, and committees provide a valuable service to the community, which includes providing advice and guidance in their various spheres, receiving and acting on the input of the public, and advising the City Council; WHEREAS, on June 17, 2025, the City Council considered consolidating its boards, commissions, and committees to streamline processes for applicants and cut down on the number of meetings requiring administrative support;
WHEREAS, the City Council finds that merging duties of the Architectural Review Committee with the Planning Commission will achieve the City Council’s objectives; WHEREAS, although additional code amendments are needed to fully effectuate the intent of this ordinance, this action dissolves the Architectural Review Committee and transfers all of its duties to the Planning Commission;
WHEREAS, on November 25, 2025, the Planning Commission considered the proposed changes to the Zoning Code and it recommended adoption by the City Council; WHEREAS, the Architectural Review Committee was not created by City Charter.

Rather, the ARC was created in 1960 with the adoption of Ordinance No. 1231, decades prior to the implementation of Visitor Accommodation Facility (VAF) zones in the City Chater. This action is not changing the Charter’s VAF development standards. The City agrees that a change to the development standards would require a Charter amendment adopted by a vote of the people. Here, however, the proposed amendments reassign tasks from the Architectural Review Committee to the Planning Commission, thereby fulfilling the purpose and intent of the Charter’s VAF zone development standards; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities Council Special Meeting, 12/6/2025, Item No. 1., Item Page 5, Packet Page 7 excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability; NOW THEREFORE, the Monterey City Council declares as follows:

SECTION 2: The above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 3: Monterey City Code, Chapter 2, Article 3, Section 2-3.02(b) is deleted and subsections (c) through (h) are relettered as subsections (b) through (g).

SECTION 4: Monterey City Code, Chapter 2, Article 3, Section 2-3.04(e) through (h) are relettered as (f) through (i) and subsection (e) is amended to read as follows:
(e)(1) Term Limits. “No person shall serve more than 12 years total in appointed service. This term limit shall apply in the aggregate to all boards, commissions, and committees, regardless of whether such service is consecutive or nonconsecutive, or on a single body or in combination. This subsection applies to full terms commencing on or after January 15, 2026. (e)(2) Exceptions to Term Limits. The term limits set forth in (e)(1) shall not apply:
(i) to the Appeals Hearing Board, the Disabled Access Board, the Building and Housing Appeals Board, or the Measures P and S Oversight Committee. (ii) when no qualified residents apply for the appointment.

SECTION 5: Monterey City Code, Chapter 2, Article 3, Section 2-3.09(a)(2) is deleted and subsections (a)(3) through (a)(6) are relettered as subsections (a)(2) through (a)(5).

SECTION 6: Monterey City Code, Chapter 2, Article 3, Section 2-3.11, the first paragraph is amended to read as follows:
“The City Council may by unanimous vote elect honorary life members of the Planning Commission, Board of Library Trustees, Museums and Cultural Arts Commission, and Parks and Recreation Commission.”
SECTION 7: Monterey City Code, Chapter 2, Article 4, Planning Commission, Section 2-

4.01(h) is hereby re-lettered as subsection (j).

SECTION 8: Monterey City Code, Chapter 2, Article 4, Planning Commission, Section 2-

4.01(h) is added to read as follows:
“Architectural Review. Review projects to ensure the promotion of orderly development, ensure high quality design that is harmonious with project surroundings, and to preserve and promote the visual character of the City. The Planning Commission has assumed the foregoing duties and powers of the Architectural Review Committee, which was dissolved effective January 15, 2026.”
SECTION 9: Monterey City Code, Chapter 2, Article 5, Section 2-5.00, Architectural Review Committee, is amended to read as follows:

Council Special Meeting, 12/6/2025, Item No. 1., Item Page 6, Packet Page 8 (a) The Architectural Review Committee is dissolved effective January 15, 2026. The powers and duties of the Architectural Review Committee are hereby assumed by the Planning Commission.
(b) The Charter’s Visitor Accommodation Facility (VAF) development standards set forth in City Charter, Appendix A to Section 8.1 remain unchanged. Charter Appendix A to Section 8.1, section 38-151(A)(b)(8) shall require two hearings before the Planning Commission.
(c) References to the Architectural Review Committee contained in master plans, specific plans, area plans, land use plans, neighborhood plans, design standards, and guidelines may be ministerially updated to reflect the Planning Commission has taken over the role of the Architectural Review Committee.

SECTION 10: Monterey City Code, Chapter 31, Signs, the term “Architectural Review Committee” in Section 31-3, 31-4, 31-5(A)-(C), 31-7, and 31-8 is replaced with “Planning Commission.”
SECTION 11: Monterey City Code, Chapter 31, Signs, Section 31-5(E), Appeal, is amended to read as follows:
“Appeal. All appeals shall proceed pursuant to the process described in Section 38-203 et seq.” SECTION 12: Monterey City Code, Chapter 31, Signs, Section 31-6, Submittal Requirements, is amended to read as follows:
“Submittal requirements for Sign Permit applications shall be developed, maintained, and adopted by the Community Development Department, shall be made available to the public at City Hall, and shall be subject to review and oversight by the Planning Commission or Historic Preservation Commission.”
SECTION 13: The definition in Monterey City Code, Section 31-10(5) is deleted and 31- 10(6) through (59) are renumbered as 31-10(5) through (58).

SECTION 14: Monterey City Code, Chapter 33, Article 5, Division 3, Section 33-5.18(f) the term “Architectural Review Committee” is replaced with “Planning Commission.” SECTION 15: the term “Architectural Review Committee” is replaced with “Planning Commission” in Monterey City Code, Chapter 37, Preservation of Trees and Shrubs, Sections 37-12(D) and the (F), and the words “Planning Commission and” in (F) are deleted.

SECTION 16: Monterey City Code, Chapter 38, Zoning Ordinance, is hereby amended as follows:

The term “Architectural Review Committee” is replaced with “Planning Commission” in Chapter 38, Zoning Ordinance, in the following sections:
38-11
38-22(E)
38-23(E)(3)
38-23(G)
38-24(E)(4)
38-25(D)(7)(d)
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 7, Packet Page 9 38-25(F)
38-26(M)(3)(a)
38-28(D)
38-29(D)
38-30(D)
38-31(D)
38-32(D)
38-36(C)
38-41(F)
38-46
38-50
38-63
38-64
38-90
38-112.4(f)(4)(i)
38-112.6(C)(2)
38-115
38-189(A)
38-189(A)(1)
38-189(A)(2)(a)
38-189(A)(2)(b)
38-191
38-192(A)
38-192(B)
38-192(C)
38-216(A)
SECTION 17: Monterey City Code, Chapter 38, Sections 38-22(D)(12)(c), 38- 23(D)(12)(c), 38-24(D)(15)(c), 38-25(D)(16)(c) are amended to read as follows:
“(c) Adopted View Impact policies.”
SECTION 18: Monterey City Code, Chapter 38, Sections 38-22(D)(12)(d), 38- 23(D)(12)(d), 38-24(D)(15)(d), 38-25(D)(16)(d) are amended to read as follows:
“(d) Adopted Tree Protection Standards.”
SECTION 19: Monterey City Code, Chapter 38, Section 38-26(N)(2)(f) is amended to read as follows:
f. Landscaping. A landscaping plan shall be submitted for approval by the Planning Commission. All landscaping shall be installed and shall be inspected by Community Development Department staff before occupancy of the dwelling units.

SECTION 20: Monterey City Code, Chapter 38, the first paragraph of Sections 38- 22(D)(12), 38-23(D)(12), 38-24(D)(15), 38-25(D)(16), is amended to read as follows and the remainder of these sections remain unchanged unless otherwise modified by this ordinance:

Variations to Setback Standards. Setbacks shall be as set forth in the Zoning Ordinance; however, the Planning Commission may minimally vary any setback to achieve an improved relationship between the new construction and structures on adjacent lots and those in the Council Special Meeting, 12/6/2025, Item No. 1., Item Page 8, Packet Page 10 immediate neighborhood. No variation to the standards shall be approved until notice is given to all adjoining property owners and the property owners across the street. If a variation is granted, it supersedes the need for a variance. Variations that do not conform with these standards shall be reviewed in accordance with the provisions of Monterey City Code section 28-156 et seq.

SECTION 21: Monterey City Code, Chapter 38, Sections 38-22(D)(12)(e), 38- 23(D)(12)(e), 38-24(D)(15)(e), 38-35(D)(15)(e) are deleted.

SECTION 22: Monterey City Code, Chapter 38, the last two paragraphs of Sections 38- 22(D)(12)(e), 38-23(D)(12)(e), 38-24(D)(15)(e), 38-35(D)(15)(e) are deleted.

SECTION 23: Monterey City Code, Chapter 38, Section 38-37, Review of Plans, is amended to read as follows:

A. Ordinary non structural repairs, alterations, exterior remodeling, changes in landscaping or planting areas, or maintenance shall be subject to review and approval by the Planning Commission. Any structural alteration shall be subject to review and approval by the Planning Commission. Procedures for such review, including the right of appeal, shall be the same as for a use permit.

B. Expansion of visitor accommodation facilities shall be subject to review and approval by the Development Review Committee and the Planning Commission.

C. New limited visitor accommodation facilities shall be subject to review and approval by the Development Review Committee and the Planning Commission in deciding whether to approve or deny the project.

SECTION 24: Monterey City Code, Chapter 38, Section 38-65, Specific Purposes, is amended to read as follows:

The specific purpose of the D Design and Development Control Overlay District is to ensure appropriate review for projects in areas of environmental sensitivity or where urban design and site planning considerations are judged important. Three subdistricts are established to accomplish this objective:

D1 -- Design Control overlay district will require Planning Commission approval of all new construction and exterior alterations and additions. Specific limitations are set on conditions of approval to prohibit the Commission from imposing requirements that are more restrictive than those prescribed by applicable base district regulations of a valid use permit or variance.

D2 -- Development Control overlay district will require Planning Commission approval of all new construction and exterior alterations and additions. Conditions of approval may impose requirements that are more restrictive than those prescribed by applicable base district regulations if the Planning Commission finds these requirements are necessary to have a harmonious relationship with existing and planned uses in the vicinity and with sensitive environmental resources.

D3 -- Historic Development Control overlay district will require Planning Commission approval of all new construction, exterior alteration, or addition on a site which could affect a designated historic building or site. Conditions of approval may impose requirements that are more restrictive than those prescribed by applicable base district regulations in the Planning Council Special Meeting, 12/6/2025, Item No. 1., Item Page 9, Packet Page 11 Commission finds these requirements are necessary to preserve the setting or to create a harmonious relationship with adjoining or nearby historic resources.

SECTION 25: Monterey City Code, Chapter 38, Section 38-68(B)(1), Review of Plans, is amended to read as follows:

B. D2 and D3 Districts. A two-part review process is required.

1. Initial Review. The Planning Commission shall review the concept plan required by Article 25. In the D3 district, the Historic Preservation Commission shall make advisory recommendation to the Planning Commission. The Planning Commission shall approve, approve with modifications, or deny the concept plan within 45 days of receipt of a completed application, unless an extension of time is acceptable to the applicant. Any requirements imposed pursuant to Section 38-67(B) must be supported by the required findings. The Planning Commission’s decision shall be final, unless appealed to the City Council in accord with Article

27. The Planning Commission, on its own motion, may refer its decision to the City Council for further consideration. The City Council shall act on a referral from the Planning Commission within 45 days or the Planning Commission’s decision is deemed affirmed.

SECTION 26: Monterey City Code, Chapter 38, Section 38-68(C), Review of Plans, is amended to read as follows:

C. Appeals. The applicant may appeal decisions of the Development Review Committee or Planning Commission in accord with Article 27.

SECTION 27: Monterey City Code, Chapter 38, Section 38-110, Refuse Storage Areas, is amended to read as follows:

Refuse storage areas shall be screened or located within a building and shall be provided prior to occupancy for all multifamily residential commercial, industrial, and public/semipublic uses.

Locations, screening, horizontal dimensions, and general design parameters of refuse storage areas shall be as prescribed by the Planning Commission. The Planning Commission may waive the screening requirement for dumpsters and equipment for refuse collection and storage in an IL District, which are not visible from a public street.

SECTION 28: Monterey City Code, Chapter 38, Section 189(C) is deleted and subsection (D) is relettered as subsection (C).

SECTION 29: Monterey City Code, Chapter 38, Section 190, Submittal Requirements is amended to read as follows:

Submittal requirements for architectural review applications shall be developed, maintained, and adopted by the Community Development Department, 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.

SECTION 30: Monterey City Code, Chapter 38, Section 205, is hereby amended to delete the term “Architectural Review Committee.”
SECTION 31: Monterey City Code, Chapter 38, Section 208, Notice of Appeal – Form and Content is amended to read as follows:

Council Special Meeting, 12/6/2025, Item No. 1., Item Page 10, Packet Page 12 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 and payment of fees within the time limit shall stay the effective date of the action until a final determination on the appeal.

SECTION 32: Monterey City Code, Chapter 38, Section 210, Hearing Date - Notice.

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.

SECTION 33: If any section, sub-section, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.

SECTION 34: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 35: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

Council Special Meeting, 12/6/2025, Item No. 1., Item Page 11, Packet Page 13 AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 12, Packet Page 14 Section 3: Monterey City Code, Chapter 2, Article 3, Section 2-3.02 (b) is deleted and subsections (c) through (h) are re-lettered as subsections (b) through (g). • The following City boards, commissions, and committees are hereby established:
• a. Planning Commission;
• b. Architectural Review Committee;
• b c. Parks and Recreation Commission;
• c d. Historic Preservation Commission;
• d e. Museums and Cultural Arts Commission;
• e f. Appeals Hearing Board;
• f g. Building and Housing Appeals Board;
• g h. Disabled Access Appeals Board. (Ord. 3646 § 2, 2022; Ord. 3599 § 3, 2019.

Formerly 2-2.02)
Section 4: Monterey City Code, Chapter 2, Article 3, Section 2-3.04(e) through (h) are re-lettered as (f) through (i) and subsection (e) is amended to read as follows:
• e. Members shall serve until reappointed or until the member’s successor has been appointed and seated, unless removed sooner by action of the City Council. (e)(1) Term Limits. “No person shall serve more than 12 years total in appointed service.

This term limit shall apply in the aggregated to all boards, commissions, can committees, regardless of whether such service is consecutive or nonconsecutive, or on a single body or in combination. This subsection applies to full term commencing on or after January 15, 2026.
(e)(2) Exception to Term Limits. The term set forth in (e)(1) shall not apply:
(i) to the Appeals Hearing Board, the Disabled Access Board, the Building and Housing Appeals Board, or the Measure P and S Oversight Committee. (ii) when no qualified residents apply for the appointment Section 5: Monterey City Code, Chapter 2, Article 3, Section 2-3.09(a)(2) is deleted and subsections (a)(3) through (a)(6) are re-lettered as subsections (a)(2) through (a)(5) a. Members of following boards and commissions shall receive $25 per meeting as compensation for their services, not to exceed $75 per month: (1) Planning Commission; (2) Architectural Review Committee; (2 3) Historic Preservation Commission; (3 4) Parks and Recreation Commission; (4 5) Board of Library Trustees; and (5 6) Museums and Cultural Arts Commission.

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 13, Packet Page 15 Section 6: Monterey City Code, Chapter 2, article 3, Section 2-3.11, the first paragraph is amended to read as follow:
• The City Council may by unanimous vote elect honorary life members of the Planning Commission, Board of Library Trustees, Museums and Cultural Arts Commission, and Parks and Recreation Commission, and the Architectural Review Committee.

Section 7: Monterey City Code, Chapter 2, Article 4, Planning Commission, Section 2-4.1(h) is hereby re-lettered as subsection (i):
• J. h. Perform such other functions as the City Council may direct. (Ord. 3646 § 3, 2022; Ord. 3599 § 4, 2019. Formerly 2-3.01)
Section 8: Monterey City Code, Chapter 2, Article 4, Planning Commission, Section 2-4.01(h) is added to read as follows:
• h. Perform such other functions as the City Council may direct. (Ord. 3646 § 3, 2022; Ord. 3599 § 4, 2019. Formerly 2-3.01)
h. Architectural Review. Review projects to ensure the promotion of orderly development, ensure high quality design that is harmonious with project surroundings, and to preserve and promote the visual character of the City. The Planning Commission has assumed the foregoing duties and powers of the Architectural Review Committee, which was dissolved effective January 15, 2026.

Section 9: Monterey City Code, Chapter 2, Article, Section 2-5.00, Architectural Review Committee, is amended to read as follows:
• The Architectural Review Committee shall consist of seven members. At least one of the members shall be an architect or person professionally competent in a field related to architecture, unless no such person is available for appointment when the vacancy arises. (Ord. 3646 § 4, 2022; Ord. 3599 § 5, 2019. Formerly 2-4.00)The (a) Architectural Review Committee is dissolved effective January 15, 2026. The powers and duties of the Architectural Review Committee are hereby assumed by the Planning Commission. • (b) The Charter’s Visitor Accommodation Facility (VAF) development standards set forth in City Charter, Appendix A to Section 8.1 remain unchanged. Charter Appendix A to Section 8.1, section 38-151(A)(b)(8) shall require two hearings before the Planning Commission.
• (c)References to the Architectural Review Committee contained in master plans, specific plans, area plans, land use plans, neighborhood plans, design standards, and guidelines ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 14, Packet Page 16 may be ministerially updated to reflect the Planning Commission has taken over the role of the Architectural Review Committee.

Section 10: Monterey City Code, Chapter 31, Signs, the term “Architectural Review Committee in Section 31-3, 31-4, 31-5(A)-(C), 31-7, and 31-8 is replaced with “Planning Commission”
• 31-3 / Table 31-2 Prohibited Signs:

Signs intentionally oriented so as to be visible from a State or Federal Highway, public park, or public beach. Signs that are incidentally visible from a State or Federal highway and/or are primarily directed towards another public street are not prohibited. If necessary, any such determination shall be made by the Architectural Review Committee Planning Commission.
• 31-4 (C):

As rigid numerical or other design standards may preclude exceptional design that might better achieve the purpose and objectives of this Chapter, exceptions to these Citywide Sign Guidelines may be offered by the Architectural Review Committee Planning Commission. Such exceptions may not be offered to prohibited signs, and any resulting determinations shall be supported by clear and descriptive findings that are consistent with, and which achieve one (1) or more of the purposes and the objectives of this Chapter. (Ord. 3475 § 2, 2012)
• 31-5 (A)-(C):

A. General Review. The Architectural Review Committee Planning Commission shall be primarily responsible for the review of sign applications to determine conformance with these standards and for the approval of Sign Permits. The Historic Preservation Commission shall be responsible for the review of sign applications on designated historic properties and shall apply these standards to such review.

B. Concurrent Review. For projects involving new construction or exterior alterations that affect signs, an application for a Sign Permit may be submitted concurrently with the application for Architectural Review to the Planning Commission.

C. Minor and Major Signs. The Architectural Review Committee Planning Commission shall adopt, by resolution, and maintain a list of sign types that are determined Minor Signs or Major Signs. The review of these signs shall be conducted as follows:

1.Major Signs shall be reviewed by the Architectural Review Committee Planning Commission or Historic Preservation Commission.

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 15, Packet Page 17

2.Minor Signs shall be reviewed administratively by City Planning staff. At the specific request of any interested party or staff, any Minor Sign application may be referred to the Architectural Review Committee Planning Commission or Historic Preservation Commission for an administrative decision. • 31-7:

A. Findings. In order for a sign permit application to be approved and a sign permit to be issued pursuant to this chapter, the Architectural Review Committee Planning Commission, Historic Preservation Commission, or the City Planning staff, as applicable, must first make the following findings. Such findings shall be made in writing.

1.The proposal achieves the purposes and objectives of this chapter;

2.The proposal is consistent with all applicable sign guidelines or has been determined by the Architectural Review Committee Planning Commission to better achieve the purpose and objectives of this chapter than the strict application of said sign guidelines; and

3.The proposal is consistent with any other adopted land use document including, but not limited to, the Monterey general plan, area or neighborhood plans, design guidelines, or specific plans.

B. Off-Site Sign on City Property Encroachment Permit. In addition to the findings required by subsection (A) of this section, in order for an off-site sign permit on City property to be approved, the Architectural Review Committee Planning Commission, Historic Preservation Commission, or the City Planning staff, as applicable, must first make the following findings. Such findings shall be made in writing. • 31-8:

A. Installation and Maintenance. The approved sign shall be installed and maintained indefinitely as shown on the approved plans unless a formal request for revision or a subsequent application is approved by the Architectural Review Committee Planning Commission, Historic Preservation Commission or City Planning staff, as applicable.

Sign requirements imposed by any other department, division, board, or agency, within the City of Monterey or otherwise, must be consistent with the Sign Permit. If sign requirements imposed by any other department, division, board, or agency are inconsistent with the Sign Permit, the permittee must apply for the terms of the Sign Permit to be modified within five (5) days. All signs must be maintained in the same ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 16, Packet Page 18 condition as when the sign was installed. Failure to maintain the Sign in its approved condition constitutes a violation of the Monterey City Code. Normal wear and tear of aged signs shall be repaired when they detract from the visible quality of the sign, as determined by the City Planning staff. When signs are repaired, they must be done so in a manner (paint colors shall match, etc.) that is consistent with terms of the Sign Permit.

When signs are removed, the wall behind the sign shall be repaired and painted to match the rest of the building wall within thirty (30) days of the date of the removal.

B. Abandoned or Unsafe Signs. Any sign, including its supporting structure, which after a lapse of at least sixty (60) days, no longer identifies the current occupant, shall be deemed an abandoned sign and a public nuisance. It shall be removed, along with any supporting structure, by the owner of the property on which it is located within thirty (30) days of written notice by the City. Any sign that, in the opinion of the Building Official, is unsafe or insecure, shall be deemed an unsafe sign and a public nuisance, and shall be corrected or removed, together with any supporting structure, by the owner of the property on which the sign is located, as directed by the Building Official.

C. Duration and Extension. If a building permit has not been granted within two (2) years of the date of approval of the Sign Permit or if a sign not requiring a building permit has not been installed within two (2) years of the date of approval of the Sign Permit, the Sign Permit approval shall be null and void, unless extended by the Architectural Review Committee Planning Commission, Historic Preservation Commission, or the City Planning staff. Requests for an extension shall be made in writing a minimum of ten (10) days prior to the expiration date.

D. Effective Date and Appeals. Decisions of the Architectural Review Committee Planning Commission, Historic Preservation Commission, or City Planning staff shall become effective on the tenth day after the date of a decision, unless appealed by any interested party under Section 38-203 et seq. (Ord. 3475 § 2, 2012) Section 11: Monterey City Code, Chapter 31, Signs, Section 31-5(E), Appeal is amended to read as follows:

E. Appeal. Any final decision of City staff may be appealed to the Architectural Review Committee within ten (10) days of the decision. Any final decision of City staff on historic designation properties may be appealed to the Historic Preservation Commission within ten (10) days of the decision. Similarly, any decision of the Architectural Review Committee or Historic Preservation Commission may be appealed to the Planning Commission. All appeals shall proceed pursuant to the process described in Section 38- 203 et seq.

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 17, Packet Page 19 Section 12: Monterey City Code, Chapter 31, Signs, Section 31-6, Submittal Requirements, is amended to read as follows:
• Submittal requirements for Sign Permit applications shall be developed, maintained, and adopted by the Plans and Public Works Department Community Development Department, shall be made available to the public at City Hall, and shall be subject to review and oversight by the Architectural Review Committee Planning Commission or Historic Preservation Commission. (Ord. 3475 § 2, 2012) Section 13: The definition in Monterey City Code, Section 31-10(5) is deleted and 31-10(6) through (59) are renumbered as 31-10(5) though (58)

1. A-Frame Sign. A small portable freestanding sign.

2. Address Sign. Sign installed in compliance with Article 901.4.4 of the 1997 Uniform Fire Code.

3. Alteration. Any increase in sign area and/or height; change in illumination; or modification or replacement of sign face and/or sign structure.

4. Ancillary Information Signs. Small signs generally used in commercial business including, but not limited to, information regarding credit cards, property management, hours of operation, OPEN, etc.

5. Architectural Review Committee (ARC).The committee established in Section 2-5.00 et seq., and granted the responsibility to review sign applications, per this chapter. 5 6. Attention-Getting Device. Pennants, streamers, spinners, balloons, inflatable signs, search lights, beacons, flashing lights or messages and other similar attention-getting devices.
6 7. Awning Sign. A sign that is painted on, attached to, or applied directly to an awning. 7 8. Backlit Translucent Awning Sign. Any sign located on an awning that is translucent or semi-transparent and illuminated from a light source under or within the awning. 8 9. Banner Sign. A flexible sign of lightweight fabric or similar material typically supported at two (2) or more points and hung on a building or otherwise suspended down or across its face, or across a public right-of-way.
9 10. Building Face .A vertical planar wall surface including windows that is at least ten (10) feet in width and eight (8) feet in height and constitutes a distinct perimeter boundary of the building.

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 18, Packet Page 20 10 11. Building Frontage. The horizontal distance along a building face that is oriented in parallel to a public right-of-way or public walkway, not including the Monterey Peninsula Recreational Trail. For purposes of this definition, a public walkway is a path leading to a business entrance.
11 12. City Planning Staff. As used in this chapter, the City Planning staff of the City of Monterey or a designee.
12 13. Commercial Directory Program. A coordinated system of signs installed in the public right-of-way and/or on private property that provide directional information regarding specific sites, institutions, and/or commercial businesses. 13 14. Construction Site Sign. A temporary sign located on a construction site that denotes or advertises the architect, builder, contractor, subcontractor, developer, funding source, etc., or describes the project.
14 15. Corner Sign. A sign that is installed on the corner of a building and is intended to be viewed from more than one (1) direction. Corner signs are generally oriented at an approximate forty-five (45) degree angle toward the intersection. 15 16. Directory Sign. A sign that is installed against an exterior building wall and provides a listing of the tenants inside of a multitenant building. 16 17. Electronic Sign. Any sign that conveys any message through the use of electronic display, light emitting diodes (LED), liquid crystal display (LCD), television or computer screen, or other electronic medium, including but not limited to OPEN, product listing, or similar signs in windows. This does not include neon signs. 17 18. Freestanding Sign. A sign that is installed apart from a building. 18 19. Government and Community Sign. Signs installed by the City of Monterey or other public agency or utility with the sole purpose of promoting public safety or well-being.

This excludes signs denoting public facilities or garages. 19 20. Halo-Lit Sign. Any sign constructed in such a way that illumination is projected from directly behind the lettering, creating a continuous glow behind and around the letters. Also known as reverse channel letters.
20 21. Handheld Sign. A temporary sign displaying a noncommercial message (e.g., political, ideological, religious) that is held by a natural person. 21 22. Hanging Sign. A sign that is suspended in parallel to the building face, generally in front of a window, balcony opening, or other recess.

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 19, Packet Page 21 22 23. Height. The height of a sign is the vertical distance from the top of the sign to the grade directly below the sign. In cases of freestanding signs, height is the measurement to the lowest grade within six (6) linear feet of the base of the sign. 23 24. Highly Reflective and Fluorescent Sign. Signs made wholly or partially of highly reflective material and fluorescent or day-glow painted signs. 24 25. Illegal Sign. An illegal sign is any sign which does not meet the requirements of this code and is not a legal nonconforming sign.
25 26. Internally Illuminated Sign. Any sign constructed in such a way that illumination is wholly or partially achieved by projecting light through a transparent or semitransparent solid surface. 26 27. Legal Nonconforming Sign. A sign that was lawfully installed with a sign permit but does not comply with the current sign standards.
27 28. Lot Frontage. The horizontal distance along a lot line adjacent to a public street. 28 29. Lux. The SI unit of illuminance and luminous emittance measuring luminous power per area. It is used in photometry as a measure of the intensity, as perceived by the human eye, of light that hits or passes through a surface. One (1) lux is equal to one (1) lumen distributed over an area of one (1) square foot.
29 30. Monument Sign. A freestanding sign with a solid pedestal. 30 31. Multitenant Sign Program. A comprehensive design document that describes the allowed size, materials, and location of signs for each storefront and/or tenant in a multitenant building.
31 32. No Trespassing Sign. Trespassing warnings that are posted in compliance with the requirements of Federal, State and local laws.
32 33. Off-Site Sign. A sign advertising a business, product, or service not located on the same premises. This definition includes billboards.
33 34. Outdoor Display. A sign consisting of displayed merchandise, mannequins, or other objects or products displayed outdoors for the purpose of attracting attention to the premises or business.
34 35. Parking Lot Sign. A sign installed in parking lots that restricts the use of parking spaces for certain businesses, that states no parking, provides directional information to on-site motorists, or similar noncommercial message relating to parking lot management.

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 20, Packet Page 22 35 36. Personally Attended. Means that a person is at all times physically present within five (5) feet of a Temporary Sign displaying a noncommercial (e.g., political, ideological, religious) message.
36 37. Pole Sign. A sign with a minimum height of eight (8) feet, as measured to the top of the sign, that is installed atop a pole or other similar structure that is solely intended to elevate the sign to increase visibility.
37 38. Premises. A single lot of record and all of the buildings contained thereon.

Adjoining lots of record under common ownership do not constitute a single premises but are considered individual premises.
38 39. Projecting Sign. A small sign that projects perpendicularly from the face of a building and generally overhangs a walkway.
39 40. Public Entrance. An exterior doorway providing access to the public during ordinary business hours.
40 41. Real Estate Sign. A sign indicating that the property on which the sign is located is for sale, rent, or lease and providing relevant contact information. 41 42. Roof Sign. A sign or any portion thereof erected or painted on or over the roof covering any portion of a building, and either supported on the roof or on an independent structural frame or sign tower, or located on the side or roof of a penthouse, roof tank, roof shed, elevator housing or other roof structure.
42 43. Sign. Any visual device or representation designed or used for the purpose of communicating a message or identifying or attracting attention to a premises, product, service, person, organization, business or event, with or without the use of words. 43 44. Sign Area. The area of a sign calculated by determining the number of square feet of the smallest rectangle(s) within which a sign face can be enclosed. In determining the area of an individual sign that has more than one (1) face (e.g., a freestanding or A-frame sign), the single sign face with the greatest area shall be used. Perfectly circular signs are measured by determining the circular area (A=πr2) of the sign face. 44 45. Sign Face. The sign face is any visible portion of a sign, including all characters, symbols, and structural or nonstructural background (e.g., cabinet frame or painted border), but not including the base of a freestanding sign. 45 46. Sign Height. The height of a sign is the vertical distance from the top of the sign to the grade directly below the sign including the support structure and any projecting design elements. For freestanding signs, sign height shall be measured to the lowest grade within six (6) horizontal feet of the base of the sign to account for any significant change in grade, retaining walls, mounded earth, etc.

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 21, Packet Page 23 46 47. Sign Permit. A written approval supported by appropriate findings issued by the City of Monterey authorizing display of a sign or signs, or of a multitenant sign program. 47 48. Storefront. A storefront is a distinct architectural unit within a building that contains a distinct public entrance accessible from a public sidewalk or private walkway.

In cases where multiple tenants share a single public entrance, the entire area containing the entrance shall be considered a single storefront and sign area shall be permitted accordingly.
48 49. Street Identification Sign. A sign installed by the City of Monterey to identify a street.
49 50. Temporary Banner Sign. A banner sign that is displayed on a temporary basis. 50 51. Temporary Sign. A sign constructed of cloth, canvas, light fabric, cardboard, wallboard, poster board, or other light materials, with or without frames, and mounted in a nonpermanent manner, displaying a noncommercial message which remains in use not more than forty-seven (47) consecutive days. Temporary signs are not durable and therefore may not be used for more than forty-seven (47) days. 51 52. Traditional Public Forum. City-owned streets, City-owned parks, and sidewalks connected to the main pedestrian circulation system.
52 53. Traffic Control Sign. A sign installed in the public right-of-way with the sole purpose of controlling or directing traffic, or conveying traffic-related information to motorists.
53 54. Transit Sign. A sign identifying transit stops, facilities, times and bus routes. 54 55. Utility Sign. A sign temporarily placed by utility companies as part of the normal operation and maintenance of facilities such as public telephones and underground services.
55 56. Wall Sign. A sign that is painted, applied, projected, or attached directly to or within eight (8) inches of a vertical exterior wall of a building and is oriented in parallel to the building face.
56 57. Window Area. The product of the height and width of a window as measured to the interior finished structural members that support the installed windows. Window area shall not consider individual nonstructural window dividers or mullions. 57 58. Window Display. A window display is an arrangement of merchandise, including graphics and text, that is at least eighteen (18) inches in depth and is displayed in a building window. If a window display includes a sign greater than four (4) square feet located within eighteen (18) inches of the window surface, it is considered a sign.

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 22, Packet Page 24 58 59. Window Sign. A sign painted directly on a window, affixed to the inside of a window, or located inside facing a window and located within eighteen (18) inches of a window surface. (Ord. 3547 §§ 6, 7, 2016; Ord. 3506 § 9, 2014; Ord. 3475 § 2, 2012) Section 14: Monterey City Code, Chapter 33, Article 5, Division 3, Section 33-66(f) the term “Architectural Review Committee” is replaced with “Planning Commission.”
Section 15: the term “Architectural Review Committee” is replaced with “Planning Commission” in Monterey City Code, Chapter 37, Preservation of Trees and Shrubs, Sections 37-12(D) and (F).

D. The Architectural Review Committee Planning Commission shall review trees proposed for local landmark designation that meet the minimum objective eligibility criteria, and may designate any such tree landmark only if it also meets at least one of the following requirements:

F. Review and designation of local landmark trees shall involve notification to the owner of the property on which the tree is located and to adjacent owners prior to any hearing to determine suitability for such designation. Consent of the owner of the tree shall be required. Decisions of the Architectural Review Committee Planning Commission regarding such designation may be appealed to the Planning Commission and City Council in the same manner as set forth in Monterey City Code Chapter 38, Article 27.

The City shall place a tag on all designated landmark trees bearing substantially the following statement: “LOCAL LANDMARK TREE - do not trim or remove without City approval.”
Section 16: Monterey City Code, Chapter 38, Zoning Ordinance, is hereby amended as follows:

The term “Architectural Review Committee” is replaced with “Planning Commission” in Chapter 38, Zoning Ordinance, in the following sections:
• 38-11:

Demolition: The act of renovating, reconstructing, removing, rebuilding, taking down, or destroying all or portions of a building or structure or making extensive repairs or modifications to a building or structure that involves removal or replacement of 50 percent or more of both the structural framing and cladding or the exterior walls within a ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 23, Packet Page 25 24-month period. This applies to, but is not limited to, moving or removing or in-filling windows, doorways, walls or any other feature.

When determining whether a building or structure is demolished, the following applies:
a) the nonconforming portions of any wall shall be counted as removed or taken down, even when retention of these portions is proposed, b) any remaining exterior wall surfaces measuring 10 feet or less in length shall be counted as removed or taken down.

Nonconforming walls may be retained through the Variance process outlined in Monterey City Code section 38-156 et seq. Minimal variations to the setback standards may be approved by the Architectural Review Committee Planning Commission pursuant to the Monterey City Code sections 38-22(D)(12), 38-23(D)(12), 38-24(D)(15), 38-25(D)(16) (Variations to Setback Standards). (Ord. 3414, 2008)
• 38-22 (E):

E. Review of Plans.

Applications for new construction, exterior alterations, and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee Planning Commission. Architectural Review Committee Planning Commission approval shall be required if: (Ord. 3653 § 19, 2022)
• 38-23(E)(3)
E. Substandard Residential Lots. A substandard lot is a residential lot in a residential zone consisting of less than 5,000 square feet in total area. No dwelling units located on a substandard residential lot shall be constructed, enlarged, remodeled, or expanded unless it complies with the following development standards:

3. Setbacks: Setbacks shall be as set forth in Sections 38-22, 38-23, 38-24, and 38-25; however, the Architectural Review Committee Planning Commission may vary any setback to achieve a variation between the dwelling and units on adjacent lots thereto, or to achieve the design considerations of subsection (4). No variance shall be approved until notice is given to all adjoining owners and the owner across the street.
• 38-23(G):

G. Review of Plans.

All applications for new construction, exterior alterations, and additions shall be submitted to the Community Development Department for review by the Development ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 24, Packet Page 26 Review Committee and the Architectural Review Committee Planning Commission.

Architectural Review Committee Planning Commission approval shall be required for single-family residences if: (Ord. 3653 § 19, 2022)

1.The site of the residence is subject to a D1 Design Control or D2 Development Control Overlay District;

2.The lot is less than 5,000 square feet;

3.The building site exceeds 15 percent slope; or

4.The proposed design fails to comply with neighborhood design guidelines or Architectural Review Committee Planning Commission standards. (Ord. 3560 § 5, 2017; Ord. 3424 §§ 1, 14, 2009)
• 38-24(E)(4):

E. Review of Plans.

All applications for new construction or exterior alterations and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee Planning Commission.

Architectural Review Committee Planning Commission approval shall be required for single-family residences if: (Ord. 3653 § 19, 2022)

1.The site of the residence is subject to a D1 Design Control or D2 Development Control Overlay District;

2.The lot is less than 5,000 square feet;

3.The building site exceeds 15 percent slope; or

4.The proposed design fails to comply with neighborhood design guidelines or Architectural Review Committee Planning Commission standards. • 38-25(D)(7)(d):

7. Open Space.
d. Permeable Open Space. A significant portion of the site shall be developed with a permeable surface to allow groundwater to recharge wherever possible, with the amount and type to be approved by the Architectural Review Committee Planning Commission.

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 25, Packet Page 27 • 38-25(F):

F. Review of Plans.

All applications for new construction or exterior alterations and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee Planning Commission.

Architectural Review Committee Planning Commission approval shall be required for single-family residences if: (Ord. 3653 § 19, 2022)

1.The site of the residence is subject to D1 Design Control or D2 Development Control Overlay District;

2.The lot is less than 5,000 square feet;

3.The building site exceeds 15 percent slope; or

4.The proposed design fails to comply with neighborhood design guidelines or Architectural Review Committee Planning Commission standards. (Ord. 3424 §§ 1, 14, 2009)
• 38-26 (M)(3)(a):

M. Residential Condominium and Condominium Conversion Development Standards.

The following supplemental regulations shall apply to the conversion of existing rental housing to condominiums and the construction of new condominiums:

3. Land Use and Development Standards. Condominium projects and new construction associated with condominium conversion projects shall be subject to development standards of the underlying zoning district unless otherwise specified below.
a. Safety Lighting. Safety Lighting shall be provided on private vehicle access ways, bikeways, pedestrian walkway facilities, and along abutting public streets as required by the City. Mounting height, power and spacing shall be sufficient to avoid dark pockets. Lights shall utilize “vandal proof” enclosures and shall be screened to protect dwelling units from glare. The design, location, and height of all safety lighting on private property shall be subject to design review and approval by the Architectural Review Committee Planning ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 26, Packet Page 28 Commission. Street lighting on public streets shall be subject to final approval of the Public Works Department. (Ord. 3653 § 19, 2022) • 38-28(D):

C. Review of Plans. Applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee Planning Commission. (Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009) • 38-29(D):

D. Review of Plans. Applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee Planning Commission. (Ord. 3653 § 19, 2022; Ord. 3424 §§ 1, 14, 2009) • 38-30(D):

D. Review of Plans. Applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee Planning Commission. (Ord. 3653 § 19, 2022; Ord. 3424 §§ 1, 14, 2009) • 38-31(D):

D. Review of Plans. Applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee Planning Commission. (Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009) • 38-32(D):

D. Review of Plans. Development Review Committee and Architectural Review Committee Planning Commission approval is required for all new construction, alterations and additions, and changes in use.
• 38-36(C):

C. Signs. The maximum sign area for a limited-occupancy facility shall not exceed four square feet, and all signs shall be subject to approval of the Architectural Review Committee Planning Commission. Each establishment shall be referred to as an “Inn.” Wording such as “motels,” “hotels,” “motor hotels,” and “lodges” is not permitted. Such signs may only be externally illuminated.
• 38-41(F):

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 27, Packet Page 29 F. Review of Plans. Applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee Planning Commission. (Ord. 3653 § 19, 2022)
• 38-46:

Applications for new construction and exterior alterations and additions shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee Planning Commission. (Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009)
• 38-50:

Applications for new construction shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee Planning Commission. (Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009) • 38-63:

All uses in the AP Overlay District shall comply with the Development Regulations of the underlying R-3 Residential Medium-density Multi-family Dwelling District. All uses shall provide off-street parking and loading spaces, as required in Article 18 -- Off-street Parking and Loading Regulations. The location and area of all signs visible from outside buildings shall be subject to approval by the Architectural Review Committee Planning Commission.
• 38-64:

Applications for new construction shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee Planning Commission. (Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009) • 38-90:

Applications for new construction, including remodeling or alterations to accommodate proposed religious assembly uses and/or accessory uses shall be submitted to the Community Development Department for review by the Development Review Committee and the Architectural Review Committee Planning Commission. (Ord. 3653 § 19, 2022; Ord. 3424 § 1, 2009)
• 38-112.4(f)(4)(i):
i. Landscaping. Landscaping may be required to visually screen facilities from adjacent properties or public view or to provide a backdrop to conceal the facilities. All proposed ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 28, Packet Page 30 landscaping is subject to architectural review approval by the Director, unless the Director refers the landscaping plan to the Planning CommissionArchitectural Review Committee. Landscaping may be required for the purposes that include, but are not limited to, the following:
• 38-112.6(C)(2):

C. Accessory Dwelling Unit Design Standards. Except as otherwise provided in this Chapter, all accessory dwelling units shall comply with the following design standards:

2. Roof Pitch and Form. The accessory dwelling unit shall match the roof pitch and roof form of the single-family dwelling or multifamily dwelling in order to blend with the architecture of the single-family dwelling or multifamily dwelling. The applicant may apply for an exception through the discretionary architectural review process pursuant to Article 25 of this Chapter. The Architectural Review Committee Planning Commission may grant such an exception if it finds that an alternative roof pitch and form design are compatible with the single-family or multifamily structure and neighborhood.
• 38-115:

Location. Off-street parking facilities shall be located, as specified below, subject to review by the Architectural Review Committee Planning Commission on a site-specific basis. Where a distance is specified, the distance shall be measured from the nearest point of the parking facility to the nearest point of the building that the facility is required to serve:

1.For single- or multiple-family dwellings, parking facilities shall be located on the same lot or building site as they are required to serve; provided, however, that no required uncovered parking to service such dwelling or dwellings shall be located in the required front yard setback for the dwelling or dwellings.

2.For hospitals, rooming houses, lodging houses, and clubs, not more than 150 feet from the building they are required to serve.

3.For uses other than those specified above, not over 400 feet from the building they are required to serve. Off-site parking lots shall be located within reasonable walking distance of alternative transportation stops, as specified by the Architectural Review Committee Planning Commission on a site-specific basis. • 38-189(A):

A. Minor and Major Architectural Review. The Architectural Review CommitteePlanning Commission shall adopt and maintain a list of project types that are ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 29, Packet Page 31 eligible for either minor or major architectural review. Minor and major architectural review shall be conducted as follows:

1. Major architectural review shall be conducted by the Architectural Review CommitteePlanning Commission at a public meeting.

2. Minor architectural review shall be conducted administratively by the City Manager or designee. The following process shall apply to administrative reviews as identified in this section:
a. Pre-Decision Referral. City staff shall refer any project to the Architectural Review CommitteePlanning Commission for consideration prior to administrative decision at their discretion or at the request of any interested party.
b. Post-Decision Referral. Except as specified in subsection (B) of this section, if specifically requested by any interested party within 10 days of an administrative decision, a project shall be referred to and considered by the Architectural Review CommitteePlanning Commission. The Architectural Review Committee’s review shall not be considered an appeal. Rather, it is a formal referral and standard findings for decision shall apply.
c. Exception. This subsection (A)(2) does not apply to qualifying housing projects subject to administrative review under subsection (B) of this section.
• 38-190:
• 38-216(A):

A. All legal nonconforming uses and nonconforming structures that have been destroyed by fire or other calamity or by the public enemy to any extent may be reconstructed, restored, or rebuilt to their predamaged size and location; provided, that they are not extended beyond the original footprint and restoration is started within 18 months and diligently pursued to completion. Any such reconstruction, restoration, or rebuilding shall conform to adopted Uniform Codes in effect at that time unless otherwise excused from compliance as a historical structure. The Community Development Director will review reconstruction plans for conformity, and if there is any significant deviation noted, plans will be referred to the Architectural Review Committee Planning Commission for review. (Ord. 3653 § 19, 2022; Ord. 3472 § 1, 2012)
ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 30, Packet Page 32 Section 17: Monterey City Code, Chapter 38, Section 38-22(D)(12)(c); 38- 23(D)(12)(c); 38-24(D)(15)(c); 38-25(D)(16)(c) are amended as follows:
• 38-22(D)(12)(c); 38-23(D)(12)(c); 38-24(D)(15)(c); 38-25(D)(16)(c):
c. Planning Commission and Architectural Review Committee Adopted View Impact policies;
Section 18: Monterey City Code, Chapter 38, Sections 38-22(D)(12)(d); 38- 23(D)(12)(d); 38-24(D)(15)(d); 38-25(D)(16)(d) are amended to read as follows:
• 38-22(D)(12)(d); 38-23(D)(12)(d); 38-24(D)(15)(d); 38-25(D)(16)(d):
d. Architectural Review Committee aAdopted Tree Protection Standards Section 19: Monterey City Code, Chapter 38, Section 38-26(N)(2)(f) is amended to read as follows:
• f. Landscaping. A landscaping plan shall be submitted for approval by the Planning Commission. after recommendation by the Architectural Review Committee. All landscaping shall be installed and shall be inspected by Architectural Review committee Community Development Department staff before occupancy of the dwelling units.

Section 20: Monterey City Code, Chapter 38, the first paragraph of Sections 38- 22(D)(12); 38-23(D)(12); 38-24 (D)(15); 38-25(D)(16), is amended to read as follows and the reminder of these sections remain unchanged unless otherwise modified by this ordinance:
• 38-22(D)(12); 38-23(D)(12); 38-24 (D)(15); 38-25(D)(16):

12. Variations to Setback Standards: Setbacks shall be as set forth in the Zoning Ordinance; however, the Architectural Review Committee Planning Commission may minimally vary any setback to achieve an improved relationship between the new construction and structures on adjacent lots and those in the immediate neighborhood., or to accommodate certain green building practices (as outlined in the Green Building incentives adopted by City Council resolution per Monterey City Code section 38- 112.3(F).* No variation to the standards shall be approved until notice is given to all adjoining property owners and the property owners across the street. If a variation is granted, it supersedes the need for a variance. Variations that do not conform with these standards shall be reviewed in accordance with the provisions of Monterey City Code section 28-156 et seq.

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 31, Packet Page 33 Section 21: Monterey City Code, Chapter 38, Sections 38-22(D)(12)(e); 38- 23(D)(12)(e); 38-24(D)(15)(e); 38-35(D)(15)(e) are deleted. • Chapter 38, Sections 38-22(D)(12)(e); 38-23(D)(12)(e); 38-24(D)(15)(e); 38- 35(D)(15)(e):
e. Green Building incentives (as adopted by City Council resolution per Municipal Code section 112.3(F).*
Section 22: Monterey City Code, Chapter 38, the last two paragraphs of Sections 38-22(D)(12)(e); 38-23(D)(12)(e); 38-24(D)(15)(e); 38-35(D)(15)(e) are deleted. • All decisions of the Architectural Review Committee that grant a setback variation shall be accompanied by specific findings that support the decision. All decisions of the Architectural Review Committee may be appealed to the Planning Commission under Monterey City Code section 28-203 et seq.

If a variation is granted by the Architectural Review Committee, it supersedes the need for a Variance. Variations to setback standards that are not reviewed by the Architectural Review Committee or do not conform with these standards shall be reviewed in accordance with the provisions of Monterey City Code section 28-156 et seq. (Ord. 3429 § 3, 2009; Ord. 3428 § 3, 2009; Ord. 3414, 2008; Ord. 3256 § 2, 1999) Section 23: Monterey City Code, Chapter 38, Section 38-37, Review of Plans, is amended to read as follows:
• A. Ordinary nonstructural repairs, alteration, exterior remodeling, changes in landscaping or planting area, or maintenance shall be subject to review and approval by the Planning Commission. Any structural alteration shall be subject to review and approval by the Planning Commission. Procedures for such review, including the right to appeal, shall be the same as for a Use Permit. Ordinary non structural repairs, alterations, exterior remodeling, changes in landscaping or planting areas, or maintenance shall be subject to review and approval by the Architectural Review Committee. Procedures for such review, including the right of appeal, shall be the same as for a use permit. • B. Expansion of visitor accommodation facilities shall be subject to review and approval by the Development Review Committee, the Architectural Review Committee, and the Planning Commission.
• C. New limited visitor accommodation facilities shall be subject to review and approval by the Development Review Committee, and the Architectural Review Committee, and their recommendations shall be considered by the Planning Commission. in deciding whether to approve or deny the project.

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 32, Packet Page 34 Section 24: Monterey City Code, Chapter 38, Section 38-65, Specific Purposes, is amended to read as follows:
• The specific purpose of the D Design and Development Control Overlay District is to ensure appropriate review for projects in areas of environmental sensitivity or where urban design and site planning considerations are judged important. Three subdistricts are established to accomplish this objective:

D1 -- Design Control overlay district will require Architectural Review Committee Planning Commission approval of all new construction and exterior alterations and additions. Specific limitations are set on conditions of approval to prohibit the Committee Commission from imposing requirements that are more restrictive than those prescribed by applicable base district regulations of a valid use permit or variance.

D2 -- Development Control overlay district will require Planning Commission and Architectural Review Committee approval of all new construction and exterior alterations and additions. Conditions of approval may impose requirements that are more restrictive than those prescribed by applicable base district regulations if the Planning Commission finds these requirements are necessary to have a harmonious relationship with existing and planned uses in the vicinity and with sensitive environmental resources.

D3 -- Historic Development Control overlay district will require Planning Commission and Architectural Review Committee approval of all new construction, exterior alteration, or addition on a site which could affect a designated historic building or site.

Conditions of approval may impose requirements that are more restrictive than those prescribed by applicable base district regulations in the Planning Commission finds these requirements are necessary to preserve the setting or to create a harmonious relationship with adjoining or nearby historic resources.

Section 25: Monterey City Code, Chapter38, Section38-68(B)(1), Review of Plans, is amended to read as follows:
• B. D2 and D3 Districts. A two-part review process is required.

1. Initial Review. The Planning Commission shall review the concept plan required by Article 25. prior to any review by the Architectural Review Committee. In the D3 district, the Historic Preservation Commission shall make advisory recommendation to the Planning Commission. The Planning Commission shall approve, approve with modifications, or deny the concept plan within 45 days of receipt of a completed application, unless an extension of time is acceptable to the applicant. Any requirements imposed pursuant to Section 38- 67(B) must be supported by the required findings. The Planning Commission’s decision shall be final, unless appealed to the City Council in accord with Article

27. The Planning Commission, on its own motion, may refer its decision to the City Council for further consideration. The City Council shall act on a referral ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 33, Packet Page 35 from the Planning Commission within 45 days or the Planning Commission’s decision is deemed affirmed.

Section 26: Monterey City Code, Chapter 38, Section 38-68(C), Review of plans, is amended to read as follows:
• C. Appeals. The applicant may appeal decisions of the Development Review Committee, Architectural Review Committee, or Planning Commission in accord with Article 27.

Section 27: Monterey City Code, Chapter 38, Section 38-110, Refuse Storage Areas, is amended to read as follows:
• Refuse storage areas shall be screened or located within a building and shall be provided prior to occupancy for all multifamily residential commercial, industrial, and public/semipublic uses. Locations, screening, horizontal dimensions, and general design parameters of refuse storage areas shall be as prescribed by the Architectural Review Committee, Planning Commission. subject to appeal to the Planning Commission. The Architectural Review Committee Planning Commission may waive the screening requirement for dumpsters and equipment for refuse collection and storage in an IL District, which are not visible from a public street.

Section 28: Monterey City Code, Chapter 38, Section 189(C) is deleted and subsection (D) is relettered as subsection (C).

Section 29: Monterey City Code, Chapter 38, Section 190, Submittal Requirements is amended to read as follows:

Submittal requirements for architectural review applications shall be developed, maintained, and adopted by the Planning, Engineering and Environmental Compliance DivisionCommunity Development Department, shall be made available to the public at City Hall, and shall be subject to review and oversight by the Architectural Review CommitteePlanning Commission on an annual basis, or as requested by the public or the Architectural Review CommitteePlanning Commission. (Ord. 3458 § 1, 2010)
Section 30: Monterey City Code, Chapter 38, Section 205, is hereby amended to delete the term “Architectural Review Committee.”
• Any order, decision, determination, interpretation, or ruling made by the Zoning Administrator, Architectural Review Committee, 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. 3586 § 4, 2018)
ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 34, Packet Page 36 Section 31: Monterey City Code, Chapter 38, Section 208, Notice of Appeal – Form and content is amended to read as follows:
• 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 and payment of fees within the time limit shall stay the effective date of the action until a final determination on the appeal. During the period and prior to filing a notice of appeal, an appellant shall obtain certification from the Community Development Director that the appeal is in order for Planning Commission, Architectural Review Committee, or City Council consideration (as applicable), and that, when applicable, all information and maps required in connection with the appeal have been filed with the City. Upon grant of certification of a Planning Commission appeal and upon payment of fees, the Community Development Director shall immediately transmit a copy to the City Clerk, who shall place said matter on the City Council agenda at the earliest possible time. Upon grant of certification of an administrative, Architectural Review Committee, or other committee decision appeal, the Community Development Director shall place said matter on the Planning Commission or Architectural Review Committee agenda at the earliest possible time. (Ord. 3653 § 19, 2022; Ord. 3586 § 4, 2018)
Section 32: Monterey City Code, Chapter 38, Section 210, Hearing Date – Notice. • A. Upon receipt of the notice of appeal, the City Council 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 form the date of the filing of the appeal and the payment of fees as follows: set the matter for hearing within 45 days from the date of the filing of the appeal and payment of fees, and shall give notice of the date, time, and place thereof to the applicant at least 10 days prior to the date of the hearing; except that, for wireless facilities, notice will be provided at least three business days prior to the date of the hearing. 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.

The City Clerk shall cause notice of the time, place, and purpose of the hearing to be given, 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).

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 35, Packet Page 37

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

Prior to such hearing, a full record in writing shall be submitted to the City Clerk by the body whose action is appealed setting forth reasons for the action taken, and said body shall further present at the hearing all exhibits, notices, petitions, and other papers and documents on file with said body.

B. Upon receipt of the notice of appeal of an Architectural Review Committee or administrative action, the Community Development Department shall set the matter for hearing before the Planning Commission within 45 days from date of the filing of the appeal and payment of fees, and shall give notice of the date, time, and place thereof to the applicant, appellant, and to the body whose action is appealed at least 10 days prior to the date of the hearing. 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 Planning Commission needs further information to facilitate a fair and adequate determination of the appeal.

The Community Development Director shall cause notice of the time, place, and purpose of the hearing to be given, 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.

2.Mailing of notice of appeal hearing consistent with current Architectural Review Committee procedures for appeals of Architectural Review Committee action and administrative actions on Architectural Review Committee matters.

3.Mailing of notice as prescribed in Section 38-159.

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

Prior to such hearing, a full record in writing shall be submitted to the Community Development Director by the body whose action is appealed setting forth reasons for the action taken, and said body shall further present at the hearing all exhibits, notices, petitions, and other papers and documents on file with said body. (Ord. 3653 § 19, 2022) C. Upon receipt of the notice of appeal of an administrative action that involves architectural review matters, the Community Development Department shall set the appeal for hearing before the Architectural Review Committee within 45 days from the ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 36, Packet Page 38 date of the filing of the appeal and payment of fees, and shall give notice of the date, time, and place thereof to the applicant, appellant, and to the administrator whose action is appealed consistent with current Architectural Review Committee procedures. (Ord. 3653 § 19, 2022; Ord. 3586 § 4, 2018)
B. Failure of parties to receive notice of hearing shall in no way affect the validity of action taken.

C. The date of the 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.

ATTACHMENT 2
Council Special Meeting, 12/6/2025, Item No. 1., Item Page 37, Packet Page 39