Chapter 20.62 — HEIGHT AND SETBACK EXCEPTIONS

The purpose of this chapter is to provide those provisions and exceptions to height and setback regulations throughout all zoning districts and other regulations of this Title.

The provisions of the chapter shall apply to all zoning districts and other applicable regulations of this Title.

A.

Chimneys, vents, and mechanical appurtenances may be erected to a greater height than the limit established for the district in which the structure is located.

B.

Towers, poles, water tanks, and similar structures may be erected to a greater height than the limit established for the district in which they are to be located, subject to securing a Coastal Development Permit (ZA) in each case. Local distribution poles for public utilities serving permitted development shall be allowed in all districts and to greater heights than allowed for the districts without a Coastal Development Permit.

C.

Any structure in any Commercial or Industrial District may be erected to a greater height than the limit established for the district in which the structure is to be located, provided that the cubical contents of the structure shall not be greater than that possible for a structure erected within the height limit and provided the design, exterior lighting, siting and landscaping plan for the project is approved by the Planning Commission.

D.

Any accessory structure structurally attached to the main structure shall be allowed to be the same height as the main structure.

A.

Where an Official Plan Line has been established as a part of the Street and Highway Master Plan, the required setbacks on the street side shall be measured from such Official Plan Lines and in no case shall the provisions of this Title be construed as permitting any structure to extend within such Official Plan Line.

B.

In any case where a structure setback line has been shown on a Sectional District Map the required setback on the street side shall be not less than the distance from the edge of the right-of-way of the street specified for such structure line. In no case shall the provisions of this Title be construed as permitting any structures to extend beyond such structure line.

C.

Cornices, eaves, canopies, fireplaces, and similar architectural features may extend into any required setback not exceeding two and one-half feet.

D.

Uncovered decks, porches, or stairways, fire escapes or landing places may extend into any required front or rear setback not exceeding six feet, and into any required side setback not exceeding three feet. For the purpose of this Section, a normal roof overhang up to two and one-half feet does not constitute coverage.

E.

No interior area of a structure may extend into required front, side or rear setbacks, except for bay windows or cantilevered windows where there is no floor or storage area below the window. In such cases, the window may extend into the required setback area up to two feet.

F.

In any district where fifty (50) percent or more of the building sites on any one block or portion thereof in the same district have been improved with structures, the required front setback shall be of a depth equal to the average of the front setbacks of the improved building sites, to a maximum of that specified for the district in which such building site is located.

G.

In case a dwelling is to be located so that the front or rear thereof faces any side lot line, such dwelling shall not be less than ten (10) feet from such lot line.

H.

In case a building site is less than sixty (60) feet in width, side setbacks shall equal ten (10) percent of the lot width or more but not less than five feet, except in Commercial or Industrial Zoning Districts.

I.

Any residential use to be located in any Commercial or Industrial Zoning District shall provide side and rear setbacks as required in the "MDR" District except for any residential use to be located over a commercial or industrial establishment.

J.

In the case of a corner lot adjacent to a key lot, the required side setback on the street side for any structure within twenty-five (25) feet of the side line of the key lot shall be equal to the front setback required on the key lot, and if more than twenty-five (25) feet from such side line, the required side setback shall be fifty (50) percent of the front yard required on the key lot.

K.

Any accessory structure structurally attached to the main structure shall be subject to the same setback requirements as the main structure.

L.

Detached accessory structures which have access from any alley shall not be located within six feet of the alley right-of-way.

M.

In case of a lot abutting upon two or more streets, the main structure and accessory structures shall not be erected so as to encroach upon the front setback required on any of the streets.

N.

Notwithstanding any requirements in this chapter, in cases where the elevation of the front half of the lot at a point fifty (50) feet from the centerline of the traveled roadway is seven feet above or below the grade of said centerline, a parking space, private garage or carport, attached or detached, may encroach into the front yard setback requirement up to five feet from the front line of the lot. For garage doors that face the right-of-way, an electric garage door opener is required.

O.

Structures, except utility poles, appurtenant utility equipment and fences shall not be located so as to encroach on any utility or road easement or right-of-way.

P.

Nothing contained in this chapter shall be deemed to reduce special setback requirements as set forth in the special regulations for any Zoning District.

Q.

In the case of back-to-back corner lots, the required setback from the common street property line shall not be less than the side setback of the district in which the back-to-back corner lots are situated. Should the back-to-back corner lots be in different zoning districts, the side setback requirement of each respective district would apply.

Chapter 20.64 - SPECIAL REGULATIONS

20.64.010 - Repealed.

20.64.020 - Regulations for guesthouses.

A.

Purpose: The purpose of this section is to establish the regulations, standards and circumstances under which sleeping facilities not integral to the main dwelling may be established. Such facilities are intended for limited sleeping and living purposes, but not for independent living purposes, permanent residential use, or rental purposes.

B.

Applicability: The provisions of this section are applicable in all zoning districts which allow guesthouses.

C.

Regulations: The guesthouse shall be a permanent detached structure or an attached structure lacking internal circulation with the main residence. The guesthouse may include a living and sleeping area but shall be without kitchen or cooking facilities. The guesthouse shall be clearly subordinate and incidental to a main residence on the same building site.

A guesthouse shall be subject to the following standards:

1.

Only one guesthouse shall be allowed per lot.

2.

Detached guesthouses shall be located in close proximity to the principal residence.

3.

Guesthouses shall share the same utilities with the main residence, unless prohibited by public health requirements.

4.

The guesthouse shall contain no kitchen or cooking facilities, including but not limited to microwave ovens, hot plates, and toaster ovens.

5.

There shall be a maximum of six linear feet of counter space, excluding counter space in a bathroom. There shall be a maximum of eight square feet of cabinet space, excluding clothes closets.

6.

Guesthouses shall not exceed four hundred twenty-five (425) square feet of livable floor area.

7.

Guesthouses shall not be separately rented, let or leased from the main residence whether compensation be direct or indirect.

8.

Prior to the issuance of permits for guesthouse construction, or for use of an existing structure as a guesthouse, the applicant shall record a deed restriction stating the regulations applicable to the guesthouse, including that the guesthouse shall not be separately rented, let or leased from the main residence and shall not have cooking or kitchen facilities.

9.

Subsequent subdivisions which divide a main residence from a guesthouse shall not be permitted.

10.

The guesthouse shall be designed in such a manner as to be visually consistent and compatible with the main residence on site and other residences in the area.

11.

The guesthouse height shall not exceed twelve (12) feet nor be more than one story. Additions to height and placement of guesthouses over a one-story structure, such as a garage, may be considered by Coastal Development Permit (ZA) when intended to provide for architectural consistency and compatibility with the main residence.

20.64.030 - Regulations for Accessory Dwelling Units and Junior Accessory Dwelling Units.

A.

Purpose: The purpose of this Section is to establish the regulations, standards and circumstances under which Accessory Dwelling Units also known as ADUs, and Junior Accessory Dwelling Units also known as JADUs may be allowed and to establish a means for creating additional affordable housing in Monterey County.

B.

Definitions: Unless otherwise expressly stated, whenever used in this Section, the following terms shall have the meanings set forth below:

1.

"Efficiency Kitchen" means a kitchen that includes each of the following: (a) a cooking facility with appliances; (b) a food preparation counter; and (c) food storage cabinets that are of reasonable size in relation to the size of the dwelling unit.

2.

"High-quality transit corridor" means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.

"Major transit stop" means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

4.

"Housing Organization" means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the housing development project.

5.

"Livable Space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

C.

Applicability:

1.

This Section is applicable in all zoning districts which allow Single Family or Multiple Family Dwellings or both Single and Multiple Family Dwellings, subject to the requirements of this Section, as follows:

a.

High Density Residential (HDR(CZ))

b.

Medium Density Residential (MDR(CZ))

c.

Low Density Residential (LDR(CZ))

d.

Rural Density Residential (RDR(CZ))

e.

Watershed and Scenic Conservation (WSC(CZ))

f.

Coastal General Commercial (CGC(CZ))

g.

Moss Landing Commercial (MLC(CZ))

h.

Visitor-Serving Commercial (VSC(CZ))

i.

Coastal Agricultural Preserve (CAP(CZ))

j.

Agricultural Conservation (AC(CZ))

2.

County plans and regulations to limit residential growth, including unit caps, do not apply to ADUs and JADUs.

3.

Units previously permitted in the HDR, MDR, LDR, and WSC zoning districts in the North County, Del Monte Forest, and Carmel Area Land Use Plan areas as a "Senior Citizen" unit or a "Caretaker" unit prior to the adoption of these regulations shall be considered an ADU for the purposes of this Section.

4.

Units previously permitted by the County as a "Guesthouse" may be converted to an ADU or JADU subject to this Section.

D.

Regulations for ADUs and JADUs:

1.

All ADUs and JADUs that will connect to a private sewage disposal system or that will obtain their water supply from a private well and/or a water system with two to 199 service connections are subject to review and approval by the County's Environmental Health Bureau to ensure adequate sewage disposal facilities and adequate water supply exist or have been demonstrated feasible to construct to serve the unit. The Director of Environmental Health shall evaluate adequacy of water quality and quantity for ADUs and evaluate adequacy of water quality for JADUs. If either adequate sewage disposal facilities or adequate water supply is not available, an ADU or JADU shall be prohibited.

2.

An ADU or JADU may be separately rented, provided such rental is for 31 consecutive calendar days or longer. Rental of an ADU, a JADU, or a portion of an ADU or JADU for 30 consecutive calendar days or fewer is prohibited.

ADUs and JADUs shall require a design approval when zoning district is combined with a "D" district. The appropriate authority to take action on design approvals will be the Chief of Planning. Such Design approval decisions are not appealable.

4.

For the Protection of Groundwater Resources in the North County Land Use Plan Area, when an ADU or JADU is proposed, water efficiency and conservation standards must be implemented. Before any building permit may be issued for such new construction, the applicant shall submit documentation for review and approval by the Chief of Building Services to demonstrate conformity with the following water efficiency and conservation measures:

a.

All structures on that lot must incorporate the following water efficiency and conservation standards:

i.

Toilets with a maximum tank size or flush capacity of 1.28 gallons;

ii.

Shower heads with a maximum flow capacity of 1.8 gallons per minute;

iii.

Bathroom faucets with a maximum flow capacity of 1.2 gallons per minute;

iv.

All clothes washers and dishwashers shall be Energy Star certified; and

v.

Kitchen faucets with a maximum flow capacity of 1.8 gallons per minute shall be installed.

b.

Proposed and existing landscaping must consist of either of the following: open space, native vegetative areas, use of drought tolerant native and/or non-invasive landscape plants with preferences given to native plants, and/or pervious or non-pervious hardscapes that do not require a permanent irrigation system. Pervious hardscapes shall be preferred over non-pervious options where feasible. Proposed or existing subsistence gardens such as family gardens, community gardens, or fruit/nut trees must employ water efficiency measures as drip irrigation to the greatest extent feasible.

c.

Additional water conservation measures may include one or more of the following, as applicable:

i.

Installation of a rainwater catchment system in compliance with Chapter 18.05 of this Code; or

ii.

Installation of a greywater system in compliance with Chapter 18.05 of this Code.

E.

Regulations for ADUs:

1.

Limitation on the number of ADUs:

a.

A legal lot with an existing or proposed single-family dwelling is limited to one ADU, regardless of the number of single-family dwellings allowed on that lot.

b.

A legal lot with an existing multiple family dwelling is allowed up to eight detached ADUs, provided that the number of detached ADUs does not exceed the number of existing units on the lot. Additionally, ADUs within the existing multiple family dwelling are allowed for up 25 percent of the total number of units in the existing multiple family dwelling. However, any ADU within a multiple family dwelling must be created by

conversion of portions of existing multiple family dwelling structures that are not used as livable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.

c.

A legal lot with a proposed multiple family dwelling is allowed up to two detached ADUs.

2.

Height Limitations:

a.

An ADU attached to the main structure shall be subject to the height regulations of the zoning district for the main structure.

b.

An ADU detached from the main structure shall be allowed to be up to 16 feet in height on a legal lot with an existing or proposed single-family dwelling, and be allowed up to 18 feet in height if there is an existing or proposed multiple family dwelling. Additional height allowances may be allowed for detached ADUs as follows:

i.

If a lot that is within one-half mile walking distance of a major transit stop or high-quality transit corridor, ADUs shall be allowed up to 18 feet in height. For such lots, an additional two feet in height (up to 20 feet) shall be allowed to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the main structure.

ii.

Regardless of whether a lot is within one-half mile walking distance of a major transit stop or high-quality transit corridor, increases in height for detached ADUs may be considered with a Coastal Development Permit (ZA) when intended to provide for architectural consistency and compatibility with the main structure.

3.

Setbacks:

a.

Newly constructed ADUs shall comply with the front setback requirements of the applicable zoning district and shall have a four foot minimum side and rear setbacks.

b.

No setback shall be required for ADUs created by converting existing structures to ADUs. Additionally, no setback shall be required for ADUs created by demolishing and reconstructing an existing structure or a portion thereof in the same location and to the same dimensions. ADUs created by converting an existing accessory structure and which include an addition of up to 150 square feet to accommodate ingress and egress shall have setbacks sufficient for fire and safety.

4.

Size Limitation:

a.

In the Carmel Area Land Use Plan area, North County Land Use Plan, and Del Monte Forest Land Use Plan area newly constructed attached ADUs, newly constructed detached ADUs, and conversions of legally constructed accessory structures built after March 25, 2024, shall not exceed 1,200 square feet.

b.

For the protection of coastal resources, in the Big Sur Coast Land Use Plan and any area with "B-8" combining zoning district, newly constructed attached ADUs, newly constructed detached ADUs, and conversions of legally constructed accessory structures built after March 25, 2024, shall not exceed 1,000 square feet.

c.

ADUs created through conversion of space in an existing main structure shall not be allowed to exceed 50 percent of the total square footage of the existing main structure.

Parking Requirements:

a.

On lots within the designated areas shown in the Monterey County Coastal Implementation Plan, Appendix 15, "ADU Parking Required," at least one off-street parking space shall be required for each ADU, and all other off-street parking requirements for other uses onsite shall be met.

b.

On lots that are not within the designated areas shown in Monterey County Coastal Implementation Plan, Appendix 15, "ADU Parking Required," no off-street parking spaces shall be required for each ADU, and no replacement parking spaces will be required if a garage, carport, or other covered parking structure is converted or removed to accommodate an ADU.

6.

ADUs shall comply with building site coverage and the floor area ratio requirements of the applicable zoning district, and the setback requirements set forth in this Section, except where they would preclude the following:

a.

Establishment of a newly constructed ADU of up to 800 square feet with four foot side and rear yard setbacks.

b.

Expansion of an existing accessory structure of not more than 150 square feet for the purpose of accommodating ingress and egress.

7.

An attached ADU shall not have internal circulation with the main structure.

8.

The County may issue a building permit for an ADU prior to issuance of building permit for the primary dwelling.

9.

An ADU shall comply with all local building code requirements that apply to detached dwellings, provided, however, that County may approve a delay in enforcement of building standards in accordance with the parameters and procedures set forth in Health and Safety Code section 17980.12, as may be periodically amended, if compliance with the building standard is not necessary to protect health and safety.

ADUs are prohibited in the Big Sur Critical Viewshed as they would be inconsistent with the Scenic Resources policies of the Big Sur Coast Land Use Plan and due to their impact on traffic flow and safety.

11.

An ADU shall not be sold or otherwise conveyed separate from the primary dwelling unless it meets the criteria of Government Code section 66341, including all the following:

a.

The ADU or the primary dwelling was built or developed by a qualified nonprofit corporation.

b.

There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation.

c.

The property is held pursuant to a recorded tenancy in common agreement.

d.

A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in Monterey County. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed.

e.

If requested by a utility providing service to the primary residence, the ADU has a separate water, sewer, or electrical connection to that utility.

F.

Regulations for JADUs:

1.

Limitation on the number of JADUs: A legal lot with an existing or proposed single-family dwelling is limited to one JADU, regardless of the number of single-family dwellings allowed on that lot.

2.

Height Limitations: JADUs shall be subject to the height regulations of the applicable zoning district for the main structure.

3.

Setbacks: JADUs shall comply with the setback requirements of the applicable zoning district for the main structure.

Size Limitation: JADUs shall not exceed 500 square feet.

5.

Parking Requirements: No off-street parking is required for JADUs.

6.

JADUs shall have an efficiency kitchen.

7.

JADUs shall have a separate entrance from the main structure.

8.

JADUs shall include an interior entry into the main structure if it will share a bathroom with the main structure.

9.

Prior to the issuance of building permits for a JADU, the owner shall record a deed restriction which shall run with the land and include both of the following:

a.

A prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

b.

A restriction on the size and attributes of the JADU that conforms with this Section.

10.

The owner must reside in either the remaining portion of the structure or the newly created JADU, unless the owner is another governmental agency, land trust, or housing organization.

11.

JADUs may share a bathroom and central systems (such as heating, ventilation, air conditioning, water service, power service, wastewater service) with the main structure.

G.

Requirement for Coastal Administrative Permit for ADUs and JADUs:

ADUs and JADUs may be exempt from a Coastal Administrative Permit or a Coastal Development Permit, if the ADU or JADU is directly attached to an existing residence or is fully within an existing residence, and does not fall under any of the locational exceptions of California Code of Regulations, Title 14, Section 13250, as may be amended.

2.

An application for a Coastal Administrative Permit for an ADU or JADU shall be processed in accordance with the requirements of Chapter 20.76 of this Code, except that no public hearing shall be required for Coastal Administrative Permit, and applications shall be processed within 60 calendar days after receiving a completed application. Appeals to Coastal Administrative Permits pursuant to this Section shall be processed pursuant to Chapter 20.86 of this Code.

3.

A Coastal Development Permit may be required in addition to a Coastal Administrative Permit if the project includes components that require a Coastal Development Permit pursuant to other requirements of this Code in addition to the ADU and JADU. This Section does not affect the requirements or process for such permits.

(Ord. No. 5432, § 16, 11-18-2025)

20.64.033 - Regulations for single room occupancy (SRO) facilities.

A.

Purpose: The purpose of this section is to establish the development standards for Single Room Occupancy (SRO) Facilities. SRO Facilities meeting these development standards are allowed subject to a Coastal Development Permit in specified Zoning Districts, thus providing additional affordable housing opportunities.

B.

Applicability. The provisions of this section are applicable in the High Density Residential Zoning District.

C.

Regulations. A Single Room Occupancy Facility may be allowed, subject to a Coastal Development Permit in each case, and subject to the following standards:

1.

Unit Size. Excluding the bathroom area and closet, the Single Room Occupancy unit must be a minimum of one hundred fifty (150) square feet in floor area and the maximum size shall be not more than four hundred (400) square feet. Each unit shall be designed to accommodate a maximum of two people.

2.

Private Facilities. Each Single Room Occupancy Unit must include a closet and may contain either kitchen facilities or bath facilities but not both.

a.

Complete common cooking facilities kitchens must be provided if any unit within the SRO Facility does not have a kitchen. One complete cooking facility kitchen shall be provided within the SRO Facility for every twenty (20) SRO units or portion thereof that do not have kitchens, or have one kitchen on any floor where SRO units without kitchens are located.

b.

Common bathrooms must be located on any floor with units that do not have full bathrooms. Common bathrooms shall be either single occupant use with provisions for privacy or multi-occupant use with separate provisions for men and women. Common bathrooms shall have shower or bathtub facilities at a ratio of one for every seven units or fraction thereof. Each shared shower or bathtub facility shall be provided with an interior lockable door.

3.

Common Space. Each SRO Facility shall have at least ten (10) square feet of common usable area per unit; however no SRO facility shall provide less than two hundred (200) square feet of common outdoor area and two hundred (200) square feet of common indoor area. Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space. Landscape areas that are less than eight feet wide shall not be included as outdoor common space.

4.

Management. An SRO Facility with twelve (12) or more units shall provide twenty-four-hour on-site management, and include a dwelling unit designated for the manager. All SRO Facilities must have a management plan approved by the Appropriate Authority. The management plan shall contain management policies, maintenance plans, rental procedures, tenant rules, and security procedures.

5.

Laundry Facilities. Single Room Occupancy Facilities shall include laundry facilities.

20.64.040 - Regulations for manufactured dwelling units installed on a permanent foundation.

A.

Purpose: The purpose of this section is to establish the regulations, standards and circumstances for the placement of manufactured dwelling units on permanent foundations. It is the further purpose of this section to provide the parameters under which such units may be determined to be compatible in an area of residential uses.

B.

Applicability: The provisions of this section are applicable in all zoning districts.

C.

Regulations: The installation of any manufactured dwelling unit on a foundation system shall be subject to the same development process as the process applicable to a conventionally built dwelling unit on the same lot, provided the following standards are met:

1.

That not more than ten (10) years have elapsed between the date of manufacture of the manufactured dwelling unit and the date of the application for a permit to install the manufactured dwelling unit.

2.

That the manufactured dwelling unit shall have a siding material of, or having the appearance of wood, stucco, brick, stone or other material similar to other residences in the immediate area.

3.

That the manufactured dwelling unit shall have a roofing material of wooden, fiberglass or composition shingle, tile, slate or other roofing material similar to homes in the immediate area.

D.

No deviation of the standards listed in Section 20.64.040(C) shall be allowed unless a Coastal Administrative Permit is first secured.

20.64.050 - Regulations for mobilehomes existing with discretionary permits.

A.

Purpose: The purpose of this section is to establish the regulations for the continuing use of mobilehomes which were established with Discretionary Permits.

B.

Applicability: The regulations of this section are applicable to those mobilehomes which were placed in use pursuant to a Discretionary Permit. This section does not apply to mobilehomes established by Discretionary Permit for use in a labor camp, farm labor housing or similar facility.

C.

Regulations: Mobilehomes existing with Discretionary Permits are subject to the following regulations:

1.

A Coastal Development Permit may be filed for the continuing use of a mobilehome as living quarters, for which a prior Discretionary Permit was granted prior to the time the provisions of this section became applicable to the property. A Coastal Development Permit may be granted, providing application is made not less than ninety (90) days prior to expiration of the Discretionary Permit, and providing all conditions of the Discretionary Permit have been continually met.

Mobilehomes existing with a Discretionary Permit may be converted to a former mobile home without benefit of a Coastal Administrative Permit or Coastal Development Permit.

3.

Mobilehomes existing with a Discretionary Permit may be added to, provided the mobilehome and addition are placed on a permanent foundation. No additional Coastal Development Permit or Coastal Administrative Permit is required provided one is not otherwise required pursuant to Chapter 20.70 of this Title.

4.

Mobilehomes existing with a Discretionary Permit may be replaced with another mobilehome of similar size in essentially the same location without an additional Coastal Administrative Permit, Coastal Development Permit or placement on a permanent foundation. The new mobilehome is subject to the same Discretionary Permit conditions as the mobilehome being replaced.

5.

Mobilehomes which were established with benefit of a discretionary permit which has subsequently expired shall be considered to be a legal nonconforming use and shall be subject to the provisions of Chapter 20.68 of this Title.

20.64.060 - Regulations for mobilehomes existing without discretionary permits.

A.

Purpose: The purpose of this section is to establish the regulations and limitations for the continuing use of mobilehomes which were legally initiated without Discretionary Permits pursuant to the regulations in effect at the time the mobilehomes use was established.

B.

Applicability: The regulations of this section are applicable to those mobilehomes which were legally placed in use when Discretionary Permits were not required to establish such uses.

C.

Regulations: Mobilehomes existing without Discretionary Permits are subject to the following regulations:

1.

Mobilehomes existing prior to Discretionary Permit requirements may be replaced with another mobilehome, subject to a Coastal Administrative Permit.

2.

Mobilehomes existing prior to Discretionary Permit requirements may be converted to a former mobilehome or may be replaced with a former mobilehome, provided a Coastal Administrative Permit is obtained.

3.

A mobilehome existing prior to Discretionary Permit requirements may be increased in size as for living area subject to a Coastal Administrative Permit. Awnings and carport additions or detached accessory structures may be placed on the property.

20.64.070 - Regulations for temporary residences during the construction of a dwelling.

A.

Purpose: The purpose of this section is to establish the regulations whereby an owner or builder may reside on the building site during the course of actual construction of the first residence on a lot.

B.

Applicability: The provisions of this section are applicable in all zoning districts for the establishment of a temporary residence during the construction of the first residence on any lot.

C.

Regulations: Recreational vehicles or mobilehomes may be used as a temporary residence during the course of actual construction of a single family dwelling subject to the following standards:

1.

Only one temporary residence may be allowed on a lot.

2.

No temporary residence may be allowed if other residences exist on the lot.

3.

All building, health, public works or other required permits for the temporary residence must be obtained, all installations be completed, inspected and approved prior to occupancy of the temporary residence.

4.

The use of the temporary residence may not begin until a building permit for the permanent residence is issued.

5.

Actual construction on the permanent residence must start within sixty (60) days of the issuance of the building permit for the residence or the use of the temporary residence must cease, the unit be vacated and be disconnected from all utilities until actual construction is started.

6.

The use of the temporary residence must cease within eighteen (18) months of the date of issuance of the building permit for the permanent residence or occupancy of the permanent dwelling whichever occurs

first. Upon cessation of the use, if the temporary residence is a mobilehome it must be removed from the property. If the temporary residence is a travel trailer, motorized recreational vehicle, fifth wheel unit, motorhome or similar recreational vehicle, the unit shall be disconnected from all utilities, but need not be removed from the property.

7.

The temporary residence must be connected to a water source and sewage disposal facility approved by the Director of Environmental Health.

D.

Any alteration, modification, extension, or amendment to the application of the provisions of this regulation shall require a Coastal Administrative Permit.

20.64.080 - Regulations for temporary construction offices or emergency facilities for public utilities.

A.

Purpose: The purpose of this section is to establish the regulations for the establishment of temporary construction offices or emergency facilities for public utilities.

B.

Applicability: The provisions of this section are applicable in all zoning districts.

C.

Regulations:

1.

All mobilehomes, trailers, coaches, or similar facilities used for temporary construction offices or emergency public utility facilities are permitted during the course of construction or duration of the emergency.

2.

Such facilities shall comply with all requirements of the Uniform Building Code and Title 16, Monterey County Code and Chapter 15.20, Monterey County Code.

3.

Such facilities shall not be lived in.

4.

If the office is associated with a development authorized by a Discretionary Permit, then it shall comply with any applicable provisions of that permit.

A.

Purpose: The purpose of this section is to establish the regulations, standards and circumstances under which businesses of limited scale and impact may be established in residences.

B.

Applicability: The provisions of this section are applicable in all areas of the county.

C.

Regulations: Home occupations may be conducted in any zoning district which allows residential use.

1.

Home occupations are limited to those occupations using facilities, equipment and materials normally found in the home and within accessory structures, including but not limited to typing, seamstress or tailoring, computerized data processing, ceramics, music lessons and instrument lessons, lawn mower repair, and cottage food operations which do not interfere with the use or appearance of the home as a residence or the aesthetic character of the district.

2.

No persons other than the resident and immediate family residing on site may be employed in the home occupation, except that a cottage food operation may allow up to one full-time equivalent cottage food employee who does not reside on the site.

3.

All facets of the home occupation must be contained in the dwelling unit or inside structures on-site that are otherwise considered to be accessory structures to a residence, except that a cottage food operation must be conducted entirely within the dwelling unit as specified by state law.

4.

There shall be no production of noxious or toxic odors or fumes, nor increase in numbers or duration of noise or traffic levels above those of ordinary residential use; nor use, storage, or disposal of materials of a nature or quantity not ordinarily found in residential neighborhoods, which have the potential to endanger the health, safety, or peaceful enjoyment of their property or neighborhood residence, or to constitute a hazard to their environment.

5.

There shall be no advertising for the home occupation allowed on the property.

D.

Modification to the application of the provisions of Section 20.64.090.C. of this chapter may be considered by a Coastal Administrative Permit, except in the case of a cottage food operation for which no exceptions to these requirements may be granted.

20.64.095 - Regulations for cottage industry.

A.

Purpose: The purpose of this section is to establish the regulations, standards and circumstances under which businesses of limited scale and impact may be established in all zoning districts where a single family dwelling is an allowed use. It is the further purpose of this section to provide for standards, review processes and review periods to assure that such uses are not detrimental to the residential property in the area in which they are established.

B.

Applicability: The provisions of this section are applicable in all areas of the County.

C.

Regulations: A Cottage Industry may be conducted in any zoning district which allows residential use, subject to the following standards.

1.

All Cottage Industry shall require a Coastal Development Permit pursuant to Chapter 20.70. The Zoning Administrator is the Appropriate Authority to consider such Coastal Development Permit.

2.

A total of two persons, other than the resident and immediate family residing on site, may be employed in the cottage industry.

3.

There shall be no advertising for the cottage industry on the property, except for such advertising as may be incorporated within the four square foot nameplate allowed for the residence. The location and design of such nameplate shall be subject to the approval of the Zoning Administrator.

4.

Adequate access and parking must be provided on-site to accommodate the residential use, employees and two customers of the cottage industry.

D.

All Coastal Development Permits issued for Cottage Industry shall be subject to the following time limits:

1.

The initial Coastal Development Permit shall not be issued for more than one year,

2.

The second Coastal Development Permit shall not be issued for more than three years; and

The third and subsequent Coastal Development Permits shall not be issued for more than five years.

The purpose of these time limits is to provide adequate on-going review of the Cottage Industry to assure that the use continues to meet the standards of this section, that the nature of the area has not changed sufficiently to cause the use to be detrimental to the area, and to review the conditions of the prior Coastal Development Permit to determine their continuing adequacy.

E.

The Zoning Administrator shall not approve a Coastal Development Permit for Cottage Industry unless the following findings, in addition to those required by Chapter 20.70, can be made:

1.

That the proposed use conforms to the requirements of Section 20.64.095(C);

2.

That the site is physically suitable for the project;

3.

That adequate sewer and water service exists or can be provided;

4.

That adequate road and transportation facilities exist for the use;

5.

The use proposed is compatible with the area;

6.

That the subject property complies with all zoning standards, such as height, setbacks and lot coverage, subdivision standards and that no zoning violations exist on the property; and

7.

Impacts considered potentially significant are mitigated.

A.

Purpose: It is the purpose of this section to establish the regulations, standards and circumstances under which bed and breakfast facilities may be established in certain residential areas of the County of Monterey. It is the further purpose of this section to provide for standards, review processes and review periods to assure that such uses are not detrimental to the area and residents in which it is established.

B.

Applicability: The regulations of this section are applicable in all zoning districts which allow bed and breakfast operations.

C.

Regulations: A bed and breakfast facility may be allowed in all districts which allow residential use and where found to be consistent with the Monterey County Local Coastal Program on any lot in any zoning district that allows residential uses subject to a Coastal Development Permit in each case and subject to the following regulations:

1.

The property owners shall occupy and manage the bed and breakfast facility. The facility shall not be affiliated with hotels or motels operating anywhere in the County of Monterey.

2.

No more than ten (10) guest rooms may be allowed in one facility.

3.

No long-term rental of rooms shall be permitted. The maximum stay for guests shall not exceed twentynine (29) consecutive days in a thirty (30) day period and no more than sixty (60) days in a one-year period.

4.

The facility shall provide parking on site at the rate of one space per guestroom plus two spaces for the owners.

5.

Each bed and breakfast facility may have a maximum of one sign not exceeding four square feet in area. Such sign shall be attached to the residence, and shall not be internally illuminated.

6.

Such facilities shall be subject to the transient occupancy tax. (Chapter 5.40, Monterey County Code)

7.

Any cooking facility must comply with State and County codes.

D.

In order to grant the Coastal Development Permit the Appropriate Authority shall make the following findings:

1.

That the establishment of the bed and breakfast facility will not under the circumstances of the particular application be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood or to the general welfare of the County.

2.

That the proposed bed and breakfast facility complies with all applicable requirements of Section 20.64.100(C) of this Title.

3.

That the proposed bed and breakfast facility will not adversely impact traffic conditions in the area.

4.

That adequate sewage disposal and water supply facilities exist or are readily available to the lot.

5.

That the proposed bed and breakfast facility is consistent with the Monterey County Local Coastal Program.

6.

That the subject property is in compliance with all rules and regulations pertaining to zoning uses, subdivisions, and any other applicable provisions of this Title and that all zoning violation abatement costs, if any, have been paid.

A.

Purpose: The purpose of the section is to establish the standards, regulations and circumstances under which timesharing residential uses may be established. Further, the regulation of the section are intended to provide for the protection of existing residential uses and neighborhoods through mandatory findings for approval and public hearing processes.

B.

Applicability: A timeshare project shall be permissible only in such zones and at the locations therein where a hotel, motel or similar visitor accommodation use would be permitted. No timeshare project shall be allowed in any case wherein covenants, conditions and restrictions expressly prohibit timeshare or other transient uses.

C.

A Coastal Development Permit shall be required in accordance with Chapter 20.70 for any timeshare project.

D.

Transient Occupancy Tax Applicable. All timeshare projects shall be subject to the provisions of Chapter 5.40 of the Monterey County Code (Uniform Transient Occupancy Tax Ordinance of the County of Monterey).

E.

Application for Timeshare Project Approval. An applicant for approval of a proposed timeshare project shall submit a completed application on a form as prescribed by the Director of Planning and Building Inspection, in addition to any other application, information or forms that may be necessary in the particular case as determined by the Director of Planning and Building Inspection. The application shall include:

1.

Identification by name of the timesharing project and street address where the timesharing project is situated, including legal description;

2.

Identification of the time periods, types of units, and number of units that are in the timeshare project. In order to facilitate orderly planned timeshare projects, the total number of timeshare units anticipated for the project shall be stated and approved although the project may be built, converted or maintained for timeshare purposes in phases convenient to the applicant;

3.

A map drawn at the appropriate scale (1"=100' or as otherwise approved by the Director of Planning and Building Inspection), showing the site in relation to surrounding property, existing roads and other existing improvements (in all cases, an engineers scale shall be used);

4.

A site plan for the entire anticipated project (whether or not built, converted or maintained in phases) showing proposed improvements, location of structures, vehicular ingress, and egress, landscaping, and floor plans;

F.

General Conditions and Findings. The Planning Commission may approve or deny an application for a Coastal Development Permit for a timeshare project. The Commission may impose such conditions as it determines necessary to protect the public safety, health, peace and welfare. If a Coastal Development Permit is granted, the Coastal Development Permit shall be granted with a condition attached that no timeshare rights or entitlements shall be sold or offered for sale unless, at such time, there then exists a valid final subdivision public report for the sale of such timeshare rights or entitlements, issued by the Department of Real Estate of the State of California. In determining whether, and under what conditions to issue any such Coastal Development Permit, the Commission, among other things, shall consider:

1.

The impact of the timesharing project on transient or permanent rental stock;

The impact of timesharing on present and future County services;

3.

Conformity with current zoning regulations and the General Plan;

4.

Conformity with existing uniform building and fire codes;

5.

The sign program proposed for the project;

6.

The landscaping proposed for the project;

7.

Traffic circulation and parking for residents, guests, prospective purchasers and sales program personnel;

8.

The applicant's description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance of the timeshare project.

9.

The desirability of requiring an office of the managing agent or agency be located locally or on-site, as appropriate.

10.

The nature and feasibility of alternative uses in case the sales program for timeshares fails.

11

Any other factors deemed relevant and any other information which the Commission or the applicant considers necessary or desirable to an appropriate and proper consideration of the application.

G.

Specific Conditions and Findings. In addition to other considerations of a Coastal Development Permit for a timeshare project, the following shall apply:

1.

Condominium Conversions. In the event an existing condominium project is proposed to be converted to a whole or partial timeshare project, a verified description or statement of the number and percentage of the

current condominium owners desiring or consenting to the proposed conversion of some or all of the units to a timeshare basis shall be submitted. Also in such instance, there shall be submitted to the Commission on a date and time certain for hearing, a verified statement of the number and percentage of owners who have received notification, either personally (proof by signature of the recipient or witness) or by receipted certified U.S. Mail, of the application to so convert the project. No application shall be approved unless, among other considerations, it appears that more than fifty (50) percent of the owners of condominium units (not including those owned by the applicant and/or the developer or any person or entity affiliated therewith) have received notification, either personally or by receipted certified U.S. Mail.

2.

Hotel and Motel Conversions. In the event an existing hotel, motel, inn, or bed and breakfast facility is proposed to be converted in whole or in part to a timeshare project, the Planning Commission shall consider, in addition to the considerations in section 20.64.110(F), the following:

a.

The impact of the conversion on employment opportunities in the planning area of the project;

b.

The impact of the project on the visitor serving economy of the planning area;

c.

The impact of the conversion on energy, water and sewer use;

d.

The impact of the project on the stock of hotel and other visitor accommodations for low and moderate income persons;

e.

The impact of the project on the stock of hotel and other visitor accommodations for stays of less than one week within the planning area.

H.

Approval of the Timeshare Projects. No timeshare project shall be approved by the County unless the following findings can be made:

1.

That the project is compatible with adjacent land uses and is adequately buffered by open space and/or landscaping from any less intense use.

2.

That the development plan is consistent with all goals and policies of the Local Coastal Program.

3.

That adequate access for high density dwellings is available or attainable through the conditions of the development.

4.

That all structures, existing or proposed, meet presently established minimum structural, health, safety and fire standards.

5.

That the project does not significantly adversely impact:

a.

Water use;

b.

Sewer use;

c.

Energy use;

d.

Traffic;

e.

Police protection and other county services;

f.

Fire protection;

g.

Employment opportunities in the planning area;

h.

The visitor serving economy of the planning area;

i.

The stock of hotel and other visitor serving accommodations including, but not limited to, that which serves low and moderate income persons;

j.

The stock of hotel and other visitor accommodations for stays of less than one week within the planning area.

6.

That the project will not have a significant adverse impact on the health, safety, and welfare of the general public.

I.

Exceptions. This chapter shall not affect timeshare projects for which approved permits from the State Department of Real Estate have been issued prior to January 1, 1984, or projects in which units have been lawfully sold or offered for sale to the public prior to January 1, 1984, if said projects were in compliance with the zoning laws then in force.

20.64.120 - Regulations for commercial and noncommercial wind energy conversion systems.

A.

Purpose: The purpose of this section is to provide the necessary regulations for the establishment of commercial and noncommercial wind energy conversion systems in the locations and circumstances under which the use may be established without detriment to the public health, safety and welfare.

B.

Applicability: The provisions of this section are applicable in those districts which allow commercial and noncommercial wind energy conversion systems.

C.

Regulations: Wind Energy Conversion Systems may be permitted in specified zoning districts, subject to securing a the appropriate permits in each case, and subject to the following regulations:

1.

The application shall include a plot plan using an engineers scale and drawn in sufficient detail to show the following:

a.

Property lines, dimensions, acreage, and contours with appropriate intervals for site evaluation.

b.

Location and elevation of proposed Wind Energy Conversion System.

c.

Location and dimensions of all existing structures and uses on the lot within three hundred (300) feet of the system.

d.

Height of any structures or trees over thirty-five (35) feet within a five hundred (500) foot radius on-site or off-site of the proposed Wind Energy Conversion System.

e.

Surrounding land use and all structures irrespective of height, within five hundred (500) feet of the Wind Energy Conversion System location.

f.

Standard drawings of the structural components of the Wind Energy Conversion System, including structures, tower, base and footings. Drawings and any necessary calculations shall be certified by a registered engineer that the system complies with the Uniform Building Code.

g.

Evidence from a qualified individual that the site is feasible for a Wind Energy Conversion System.

h.

Certification from a registered engineer or qualified person that the rotor and overspeed control have been designed for the proposed use on the proposed site.

2.

Setbacks:

a.

Wind Energy Conversion Systems shall maintain a minimum setback of two times the total height of the Wind Energy Conversion System from any property line.

b.

Wind Energy Conversion Systems shall maintain a minimum setback of at least five times the Wind Energy Conversion System height from the right-of-way line of any public road or highway.

c.

In all cases the Wind Energy Conversion Systems shall maintain a minimum distance of at least 1.25 times the Wind Energy Conversion Systems height from any habitable structure.

3.

Height:

a.

Noncommercial Wind Energy Conversion Systems shall not exceed a total height of fifty (50) feet unless the parcel on which the Wind Energy Conversion Systems is to be located is ten (10) acres or larger, in which case the maximum total height may be one hundred (100) feet.

b.

Commercial Wind Energy Conversion Systems shall not exceed a total height of two hundred (200) feet.

c.

In all cases the minimum height of the lowest position of the Wind Energy Conversion Systems blade shall be at least thirty (30) feet above the ground and thirty (30) feet above the highest existing structure or tree within a two hundred fifty (250) foot radius.

4.

Wind Energy Conversion Systems Siting and Design Standards:

a.

Wind Energy Conversion Systems shall not be placed on visually prominent ridgelines.

b.

Wind Energy Conversion Systems shall be designed and placed in such a manner to minimize to the greatest extent feasible adverse visual and noise impacts on neighboring areas.

c.

Colors and surface treatment of the Wind Energy Conversion Systems and supporting structures shall to the greatest extent feasible minimize disruption of the natural characteristics of the site.

d.

Wind Energy Conversion Systems shall be equipped with air traffic warning lights and shall have prominent markings on the rotor blade tips of an international orange color where:

i.

The total height of the Wind Energy Conversion Systems exceeds one hundred seventy-five (175) feet, or

ii.

Any Wind Energy Conversion Systems exceeding one hundred twenty-five (125) feet in total height is placed at a ground elevation over two hundred (200) feet.

5.

Noise: The Wind Energy Conversion System shall comply with the Noise Element of the General Plan and any noise ordinance of the County of Monterey.

Safety Measures:

a.

Each Wind Energy Conversion Systems shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor.

b.

The height, color, and type of fencing for Wind Energy Conversion Systems installation shall be determined on the basis of individual applications as safety needs dictate.

c.

Appropriate warning signs shall be posted. The type and placement of the signs shall be determined on an individual basis as safety needs dictate.

7.

Electromagnetic Interference: The Wind Energy Conversion System shall be operated such that no disrupting electromagnetic interference is caused. If it is determined that a Wind Energy Conversion Systems is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference including relocation or removal of the facilities, subject to the approval of the Director of Planning and Building Inspection.

8.

Liability Insurance: The Wind Energy Conversion System operator shall maintain a current insurance policy which will cover installation and operation of the Wind Energy Conversion Systems. The amount of said policy shall be established as a condition of permit approval.

D.

Findings: The approval of the Use Permit shall include the following minimum findings:

1.

That the proposed use is not detrimental to the public health and safety, and

2.

That the use of the property for such purposes will not result in material damage or prejudice to other property in the area, and

3.

Installation of the Wind Energy Conversion System does not have the potential to create a substantially adverse visual impact when viewed from a common public viewing area.

4.

That the subject property is in compliance with all rules and regulations pertaining to zoning uses, subdivisions, and any other applicable provisions of this Title and that all zoning violation abatement costs have been paid.

E.

Abatement:

1.

If any Wind Energy Conversion System remains non-functional or inoperative for a continuous period of one year, the permittee shall remove said system at their expense. Removal of the system includes the entire structure including foundations, transmission equipment, and fencing from the property.

2.

Non-function or lack of operation may be proven by reports to the State Energy Commission or by lack of income generation. The applicant, permit holder, and successors shall make available to the Director of Planning and Building Inspection all reports to and from the purchaser or purchasers of energy from individual Wind Energy Conversion Systems or from the wind form, if requested.

3.

The applicant, or successors, shall continuously maintain a fund payable to the County of Monterey for the removal of non-functional towers and appurtenant facilities in an amount to be determined by the Director of Planning and Building Inspection for the period of the Use Permit. This fund may consist of a certificate of deposit in a State of California financial institution (as approved under Government Code Section 66499). Interest on said certificate of deposit shall be paid to the applicant, or its successors, but the terms of the certificate shall require that it remain on deposit during the period of the Use Permit.

4.

If removal of towers and appurtenant facilities is required and the applicant, permit holder, or successors fails to remove the towers and appurtenant facilities from the property within thirty (30) days from the date of notification by the Director of Planning and Building Inspection, the Director of Planning and Building Inspection may contract for such removal and pay for removal from the fund. The permit holder shall then have ninety (90) days within which to replenish the fund. Failure to replenish the fund shall be a breach of the condition of the Coastal Development Permit and as such, voids the permit.

5.

If the County removes a tower and appurtenant facilities, it may sell the salvage to defray the cost of removal. By the acceptance of a Coastal Development Permit, the permittee or grantor grants a license to the County of Monterey to enter the property to remove a tower pursuant to the terms of the Discretionary Permit and to assure compliance with the other conditions set forth in the permit.

20.64.140 - Regulations for the location and siting of genetic engineering experiments.

A.

Purpose: The purpose of this section is to establish a uniform County regulatory policy, standards, and permitting process pertaining to the location and siting of experiments involving the release of genetically engineered microorganisms into the environment with the end in view that public health and safety and the environment are afforded the maximum degree of protection. It is not the intent of this section to enter the regulatory sphere occupied by the federal and state government; rather, it is the intent of this section, land use plans and zoning ordinances by using them as primary guides in the determination of proper location for the conduct of genetic engineering experiments.

B.

Applicability: This section is applicable to any and all experiments involving the release of genetically engineered microorganisms into the open environment conducted by any person or agency. It is not applicable where the experiment proposed has already been conducted without any adverse impacts on public health and safety and the environment, on a crop within the same crop grouping, as defined in 40 C.F.R. 180.34, within the United States.

C.

Findings.

1.

Experiments involving the release of genetically engineered microorganisms into the open environment may pose risks to public health, safety, and the environment not adequately addressed under current federal and state regulations.

2.

While the control of the release of genetically engineered microorganisms into the environment may generally be considered the responsibility of federal and state governments, it is local government that may initially be called upon to respond to any adverse effects to public health, safety, and the environment, resulting from the release of such microorganisms into the open environment.

3.

In order for local government to have the capacity to provide appropriate response in such instances, it is, at minimum, necessary for local government to be able to determine sites within its jurisdiction appropriate for the conduct of such experiments within the parameters of its land use prerogatives.

4.

In order to protect the public health, safety, and the environment, it is in the public interest for local government to establish rules and regulations addressing certain land use aspects of such experiments, including suitability of test sites and their compatibility with surrounding land uses.

D.

Definitions.

1.

"Agency" means any local agency as defined in Section 53090 of the Government Code. It does not include the federal government or any agencies thereof.

2.

"DNA" means deoxyribonucleic acid.

3.

"Genetically engineered microorganisms" means microorganisms including bacteria, fungi, protozoa and viruses, created or modified by recombinant (rDNA) technology.

4.

"Genetic engineering" means a process or technology employed whereby the hereditary apparatus of a living cell is altered, modified, or changed so that the cell can produce more or different chemicals or perform completely new functions.

5.

"In vitro" means, literally, in glass. This pertains to biological reactions taking place in an artificial apparatus; sometimes used to include growth of cells from multicellular organisms under cell culture conditions.

6.

"Open environment" means any unenclosed area or area in the open or place outside a building or shelter.

7.

"Person" means any individual, firm, partnership, trust, corporation, company, estate, public or private institution, association, organization, or group, and any representative, agent, or agency of any of the foregoing.

8.

"Recombinant DNA (rDNA)" means the hybrid DNA produced by joining or deleting pieces of DNA from the same or different organisms or synthetic DNA from the same or different organisms or synthetic DNA together in vitro.

9.

"Release" means to intentionally or deliberately discharge, emit, or liberate any genetically engineered microorganism into the open environment.

E.

Regulations.

1.

No person or agency shall conduct experiments involving the release of genetically engineered microorganisms into the open environment without first obtaining a Coastal Development Permit pursuant to Chapter 20.70 of this Title. Chapter 20.70 shall govern all matters relating to Coastal Development Permits for such experiments except as provided for in this section. The Planning Commission of the County of Monterey shall have the power to hear and decide applications for, and issue such Coastal Development Permits.

2.

No application for a Coastal Development Permit may be considered unless applicant demonstrates that he/she has been granted the necessary permit to conduct such experiments by the appropriate federal and state agencies at the time of the filing of the application.

3.

An application for a Coastal Development Permit may be made only on properties designated by the Monterey County Local Coastal Program as Coastal Agricultural Preservation or Agricultural Conservation.

4.

No application for a Coastal Development Permit may be considered for an application site within one mile of any existing permanent residence occupied by persons during the duration of the experiment, including but not limited to single family dwellings, apartments, and farm labor housing, unless the applicant submits with a Coastal Development Permit application, written approval of both the Monterey County Director of Environmental Health and the Monterey County Agricultural Commissioner for a lesser distance.

5.

All Coastal Development Permits for experiments involving the release of genetically engineered microorganisms shall require environmental review pursuant to the California Environmental Quality Act and the guidelines adopted by the County of Monterey. Such Coastal Development Permits may not be categorically exempt.

6.

All Coastal Development Permit applications shall be accompanied by all necessary forms, plans and supporting information deemed necessary by the Director of Planning and Building Inspection, the Director of Environmental Health, and the Agricultural Commissioner to consider the Coastal Development Permit applications complete. Such information shall include at the minimum:

a.

A site plan showing in sufficient detail and scale:

i.

the size of the property proposed for the use;

ii.

the current use of the property;

iii.

the use of all properties within two miles of the exterior boundary of the subject;

b.

Copies of all approved state and federal permits for the use;

c.

Copies of all information submitted to state and federal agencies, except materials and information considered to be "trade secrets";

d.

Information relative to the type of microorganism to be used;

e.

Plans and measures for the control of public access and trespass on the subject site;

f.

Measures for the protection of surface and groundwater;

g.

Measures for vector control;

h.

Measures for control of airborne materials from the site;

i.

Measures proposed for meeting potential liability.

7.

Upon the application being deemed complete, it shall be submitted to the Monterey County Agricultural Advisory Committee for a report and recommendation prior to consideration by the Planning commission.

8.

The Planning Commission may impose, as a condition to the issuance of the permit, such conditions as it deems necessary to protect the public health, safety and the environment.

F.

Financial Assurances and Indemnification.

1.

Each permit issued pursuant to this section shall have as a condition of the permit a requirement that the applicant provide financial assurances that are necessary to respond adequately to damage claims arising from activities permitted under this chapter. The financial assurances shall be in the form of a trust fund, surety bond, letter of credit, insurance, or other equivalent financial arrangement in a form and in amounts acceptable to the County.

2.

Each permit issued pursuant to this section shall have as a condition of the permit a requirement that the applicant indemnify and hold harmless the County and its officers, agents, and employees from actions or claims of any description brought on account of any injury or damages sustained, including death, by any person or property resulting from the issuance of the permit and the conduct of the activities or experiments authorized under said permit.

G.

Severability. If any section, subsection, sentence, clause, or phrase of this section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this section. The Board of Supervisors hereby declares that it would have passed this Section and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid.

20.64.150 - Special events at County Parks.

A.

Purpose: The purpose of this section is to provide a mechanism whereby special event activities may be considered which involve the assemblages of people including, but not limited to, circuses, carnivals, fairs, festivals, exhibitions, concerts, shows, sporting and racing events, which are to be held within the Monterey County Regional Park System when the attendance for these special events is estimated by the Director of Parks to be more than five thousand (5,000) persons per day.

B.

Applicability: The provisions of this section are applicable in parks under the control of the Monterey County Regional Park System.

C.

Regulations: The following special events in the Monterey County Regional Parks shall require a Special Event Permit issued solely by the Monterey County Board of Supervisors:

1.

Each special event which the Director of Parks estimates will have an attendance in excess of five thousand (5,000) persons per day;

2.

All special events that require the significant support of services of other county departments;

3.

All outdoor concerts;

4.

All events at park units that are not designated as being germane to the park unit as the Board of Supervisors may from time to time establish by resolution.

D.

All Special Event Permits considered by the Board of Supervisors shall require a public hearing pursuant to the requirements of Chapter 20.84 of this Title.

20.64.160 - Location of public utility distribution and transmission facilities.

A.

Purpose: It is the purpose of this section to provide a mechanism for public utilities to obtain permits for public utility facilities.

B.

Applicability: The provisions of this section are applicable in all zoning districts.

C.

Regulations: Public utility distribution and transmission line towers and poles and underground facilities for distribution of gas, water, sewer, telephone, and electricity, and telephone booths, shall be allowed in all districts, and without limitations as to height, without the necessity of first obtaining a Coastal Development Permit unless otherwise required pursuant to Chapter 20.70 of this Title; provided, however, that the routes of proposed gas, water, telephone, and electric transmission lines, and the proposed locations of telephone booths, shall be submitted to the Planning Commission for recommendation to the public utility at any time prior to, but at least thirty (30) days in advance of, the acquisition of rights-of-way for any such routes, or, in the case of telephone booths, in advance of the erection thereof.

D.

This section does not apply to wireless communication facilities, which are instead governed by Section 20.64.310.

20.64.170 - Water facilities in approved subdivisions.

A.

Purpose: It is the purpose of this section to provide a mechanism whereby a Coastal Development Permit is not required for water system facilities in approved subdivisions.

B.

Applicability: The provisions of this section are applicable in all zoning districts.

C.

Regulations: A separate Coastal Development Permit is not required for any water facility which has been approved by the Appropriate Authority in conjunction with a tentative map or tentative parcel map. All conditions of the map approval which pertain to the water facility must be met prior to the construction or installation of said facility. The water facility may be used only for all development within the subdivision for which it is designed unless a Coastal Development Permit is obtained.

A.

Purpose: The purpose of this section is to provide a mechanism to calculate the maximum residential development allowed in accordance to an established formula to determine land use densities.

B.

Applicability: The provisions of this section shall apply to all zoning districts which allow for any residential uses, unless otherwise specified.

C.

Regulations:

1.

The following slope density formula shall be used in the calculation of maximum possible density for individual parcels based upon slope:

a.

Those portions of parcels with a cross-slope of between zero and 19.9 percent shall be assigned a density of one building site per one acre.

b.

Those portions of parcels with a cross-slope of between twenty (20) and 29.9 percent shall be assigned a density of one building site per each two acres.

c.

Those portions of parcels with a cross-slope of thirty (30) percent or greater shall be assigned zero building sites.

d.

The density for a particular parcel shall be computed by determining the cross-slope of the various portions of the lot applying the assigned densities listed above according to the percent of cross-slope and by adding the densities derived from this process. The maximum density derived by the procedure shall be used as one of the factors in the final determination of the actual density that shall be allowed on a parcel.

e.

The slope density formula does not apply to the "HDR(CZ)" or "MDR(CZ)" zoning districts.

2.

Where an entire parcel would not be developable because of plan policies, one residential unit may be permitted pursuant to Section 20.02.060.B of this Title.

3.

Any decrease in density resulting from application of Land Use Plan policies shall be subtracted from the maximum density allowable under the slope density formula.

4.

In instances where a parcel includes more than one zoning district or plan designation, the maximum density shall be calculated for the respective zoning districts or plan designation. The sum of the calculations shall be the maximum number of units allowed by zoning or plan designation.

5.

If the slope density formula renders a maximum density greater than the maximum density allowable under the Land Use Plan, the density established by Land Use Plan shall prevail over the slope density formula.

6.

If the slope density formula renders a maximum density less than that maximum density allowable under the Land Use Plan, the density established by the slope density formula shall prevail over the Land Use Plan density.

7.

If the maximum allowable density established pursuant to subsection 5 or 6 above exceeds the maximum allowed by zoning, the maximum allowed by zoning shall prevail.

8.

Lot line adjustments shall be exempt from the criteria for maximum allowable residential density on a parcel, provided that no net increase in the number of residential lots will result.

9.

In the Big Sur Planning Area east of Highway 1, residential development in "RDR" (Rural Density Residential) and "WSC" (Watershed and Scenic Conservation) zoning districts shall be allowed at maximum densities established according to the following steps:

a.

The maximum density is established by the zoning district in which the parcel lies, e.g., "Watershed and Scenic Conservation/40 (CZ)" provides a forty (40) acre minimum building site.

b.

The maximum density is established according to the slope density analysis required for the project according to Section 20.64.180.C.10.

c.

The development standards of this ordinance and the policies of the Big Sur Coast Land Use Plan are applied to the parcel. Any policy or standard resulting in a decrease in density are then tabulated and subtracted for the maximum density allowed under the slope density formula.

d.

Whichever of the two resulting densities, from the slope formula and from zoning, the lesser is then established as the maximum allowable density for the parcel.

10.

A slope density analysis shall be required for applications for residential development beyond the first residential unit on parcels which are east of Highway 1 and in a "WSC" (Watershed and Scenic Conservation) or "RDR" (Rural Density Residential) zoning districts. The analysis shall be required and submitted to the County prior to the application being considered complete. The slope density analysis shall include the following elements:

a.

Topographic map of the entire parcel at an appropriate scale and contour interval of forty (40) feet or less;

b.

Table showing the calculation of average cross slope;

c.

The resulting maximum allowable number of dwelling units using the following slope density formula:

Over 30%

1 Unit/320 acres

11.

In the Big Sur Planning Area west of Highway 1, residential development in "RDR" (Rural Density Residential) and "WSC" (Watershed and Scenic Conservation) zoning districts shall be allowed at a density of one unit per forty (40) acres.

D.

Density of Development Standards. The maximum density established under this section shall be utilized as the basis to begin consideration of the density appropriate for development of a specific parcel. Such established maximum density is not a guarantee of possible development potential of any given property. Density of development shall ultimately be determined through the permit process, consideration of site conditions on the specific property and of details of the specific development proposal without imposing undue restrictions on private property. Such considerations may include but are not limited to:

1.

Soils;

2.

Available supply and priorities for water;

3.

Traffic;

4.

Sewage disposal;

5.

Development design;

6.

Known hazards;

7.

Public facilities, such as schools and police and fire facilities;

8.

Environmentally sensitive habitat;

Archaeological and historical resources;

10.

Housing demands of the County;

11.

Employment needs;

12.

Development of the County's economic climate; and

13.

Attainment of State mandated fair share housing.

E.

On-site density for Accessory Dwelling Units, guesthouses, Agricultural Employee Housing, and Employee Housing accessory to an allowed use, shall be determined as follows:

All other residential development, including but not limited to Small Residential Care Facilities and Large Residential Care Facilities, is subject to the density established by the parcel's zoning district, except if provided elsewhere in this Chapter.

"Excluded from density" means that the units may be considered in addition to the density allowed by the parcel's zoning classification.

F.

For the purposes of calculating residential density, Employee Housing units, including Agricultural Employee Housing, shall be considered a residential unit at the following ratio:

One unit/eight hundred fifty (850) square feet of floor area. Where the building contains non-residential uses, such as equipment storage or tack rooms, the calculation of floor area shall not include those nonresidential areas.

G.

Buildout Limitations:

1.

In North County, a total of two thousand forty-three (2,043) new lots or units may be created from the date of certification of the North County Land Use Plan. Accessory Dwelling Units and Junior Accessory Dwelling Units do not count towards this number. Also see build-out explanation and further information in Section 20.144.140.B.3.a. Approval of new residential units and lots may not exceed the build-out figure, as per the development standard.

2.

In Big Sur, a total of one hundred (100) new residential lots may be created by new subdivisions from the date of certification of the Big Sur Coast Land Use Plan, as provided in Table 1 of the Big Sur Coast Land Use Plan.

3.

Where this Section establishes a numerical cap on a type of unit in a certain area, the Planning Department shall maintain a running tally of the number of units permitted since certification of the relevant land use plan. Findings for approval shall include the following: "This is the ( ) out of a maximum of ( ) (e.g., residential lots) to be approved for the ( ) Land Use Plan Area."

(Ord. No. 5432, §§ 17, 18, 11-18-2025)

20.64.190.010 - Premises of the transfer of development credit ordinance.

The Transfer of Development Credit Ordinance is based, in part, on the following premises:

1.

The California coast has been recognized as an area of special significance requiring state-enacted regulation of land use, with the most significant manifestation of this intent being the passage of Proposition 20 in 1972;

2.

The Big Sur was recognized as an area of statewide importance and of particular concern in the California Coastal Plan of 1975;

3.

The significance of cumulative impact concerns in the Big Sur area was legislatively recognized through the substantial increase in Coastal Act regulatory jurisdiction in the California Coastal Act of 1976 (up to several miles inland) in comparison with the 1,000 yard permit boundary of the California Coastal Zone Conservation Act of 1972;

4.

The California Coastal Act of 1976 places great stress on resolving land use and environmental protection problems at the local government level rather than having specific solutions imposed by the state regulatory agency (e.g., Public Resources Code Section 30500(c));

5.

Based on extensive studies, all levels of government concur in the view that Big Sur is an area of national significance whose resources would be threatened by the cumulative impact of development absent an effective regulatory program; and

6.

A major land use issue confronting the County is how cumulative impacts can be regulated in both an effective and equitable manner.

Based on the foregoing premises, the Big Sur Transfer of Development Credits program is intended to carry out the following objectives:

1.

Maintain the natural and scenic resources of Big Sur for the benefit of County residents and of residents of the State of California;

2.

Maintain the natural and scenic resources of Big Sur to assure the vitality of the County's tourism industry which depends in large part on the Big Sur;

3.

Provide a system of land use regulation of the Big Sur that is controlled and implemented locally.

4.

Provide a means of implementing the policies of the Big Sur Local Coastal Program (certified pursuant to the provisions of the California Coastal Act of 1976), which, while publicly regulated, relies primarily on

private involvement and participation to carry out the program.

5.

Establish regulations for transferring development credit from parcels rendered unbuildable by the viewshed policies of the Big Sur Land Use Plan to other sites within the Big Sur Land Use Plan area deemed viable for additional development beyond that normally allowed by the Big Sur Land Use Plan and zoning consistent with that Plan.

Chapter 20.06 of this Title includes those definitions applicable in the County and as are commonly used throughout this Title. These definitions are also applicable in the Coastal Zone.

Definitions provided in this chapter specifically adopted to implement the Big Sur Coast LCP TDC Program shall apply only in the Big Sur Coastal segment.

In addition to the other definitions made in this Title the following terms are defined for the purposes of this chapter:

Buildable Parcel, a "buildable parcel" is any parcel which, regardless of size, contains a site which can be accessed and upon which at least one single family residence can be constructed in conformity with all of Monterey County's health and safety codes and all County Land Use Plan policies except the critical viewshed policy in effect at time of application for a development or building permit.

Donor Site, a "donor site" is a buildable viewshed lot within the Big Sur Coast Land Use Plan area which has been designated as a donor site at a public hearing pursuant to Section 20.84 to qualify for transferable development credits (TDCs).

Viewshed Policies, the "LCP viewshed policies" are the Critical Viewshed Policies set forth in the Big Sur Coast Land Use Plan.

Receiver Site, a "receiver site" is a buildable parcel designated to receive one or more TDCs for use in developing a specific project. The designation is made after a noticed public hearing pursuant to Section 20.84 or Title 19 (Subdivision Ordinance) of the Monterey County Code.

Residential Building Site, a "residential building site" is a location within a buildable parcel upon which one single family residence can be constructed.

Rendered Unbuildable, to be "rendered unbuildable" means that a buildable parcel may not be developed because the parcel is subject to the constraints of the viewshed policies. Public Resources Code ~ 30106.

Transfer, a "transfer" is the set of actions which result in an increase in development on one parcel"receiver site"-over the level initially allocated under zoning by reducing the development on another parcel-"donor site"-by a like amount. In a typical transaction, two parcel owners will contract to transfer between themselves to their mutual financial advantage. The transfer of development is officially validated at the time the receiving site is issued a development permit to receive the increased development, and the donor site has been encumbered by documents permanently restricting its development potential. A parcel

from which development credits have been transferred may be retained by the owner or transferred subject to any restrictions encumbering the parcel.

Transferable Development Credit (TDC), a "transferable development credit" (TDC) is the right to transfer the right to develop a residential building site from a donor site to a receiver site within the Big Sur Coast Land Use Plan area. One credit or TDC would equal the right to develop one residential building site on an eligible parcel designated as a receiver site.

Transferable Development Credit Decision, a "transferable development credit decision" is a written statement of decision rendered by the Planning Commission or the Board of Supervisors on appeal after noticed public hearing which is evidence that a donor site is entitled to one or more development credits.

Viewshed Lot, a "viewshed lot" is an otherwise buildable parcel upon which a residential building site can be located and accessed in conformity with all Big Sur Coast Land Use Plan policies except for the LCP viewshed policies.

1.

Donor sites may be designated by the Planning Commission or Board of Supervisors on appeal after an application by the property owner pursuant to the procedure set forth in Chapter 20.70 (Coastal Development Permits) of the Monterey County Code.

2.

The application to designate a donor site need not contain the information necessary to obtain a Coastal Development Permit pursuant to Chapter 20.70, but it must contain sufficient information to determine whether a buildable parcel, and more specifically, a residential building site may be located on the parcel in conformity with all LCP policies except for those on viewshed.

If a parcel is a buildable parcel upon which a residential building site could be developed under the Big Sur Coast LCP's detailed exception policies, it cannot qualify as donor site.

3.

To designate a parcel as a donor site, the Planning Commission or Board of Supervisors on appeal, as the appropriate authority under Section 20.70.050, must make the following written findings:

a.

The parcel is a buildable parcel; and

b.

The parcel is a viewshed lot.

Upon designation of a parcel as a donor site, the owner of the donor site shall be granted two transferable development credits. This decision shall be recorded. The transferable development credits (TDCs) may be transferred to designated receiver sites.

5.

Designation of a parcel as a donor site shall require an offer to dedicate to the County of Monterey a permanent, irrevocable scenic easement on the property, the text of which has been approved by the County. Upon transfer of the first TDC, the County shall accept the easement offer.

The scenic easement may make exceptions for passive open space, agricultural and maintenance uses, but shall prohibit residential and commercial use of the property.

1.

Receiver sites may be designated by the Planning Commission, or Board of Supervisors on appeal, after an application by the property owner for a specific project utilizing transferred development credit has been filed:

a.

Pursuant to the procedure set forth in Chapter 20.70 (Coastal Development Permits) of the Monterey County Code;

b.

And, if applicable, pursuant to the procedures set forth in Title 19 (Subdivision Ordinance) of the Monterey County Code.

2.

To designate a parcel as a receiver site, the Planning Commission, or Board of Supervisors on appeal, as the appropriate authority under Section 20.70.050, must make the following written findings:

a.

The receiver site has the potential for development consistent with the policies of the Big Sur Coast Land Use Plan except for the maximum development otherwise allowed by the Big Sur Land Use Plan and implementing zoning.

b.

The new residential building sites made possible by the receipt of TDCs have the minimum feasible number of common driveway access onto Highway 1.

c.

The new development provided on the receiver site meets the septic, viewshed protection, resource protection, water supply, and geologic safety criteria specified in the Big Sur Coast Land Use Plan although the land use designation and zoning may have been amended to accommodate the receipt of the TDCs.

d.

The receiver site is not permitted to be developed to an overall density of more than one residential unit per net acre.

e.

The increase in residential density on the receiving property does not exceed twice that which is specified by the Development Policies contained in Chapter 5.4 of the certified Big Sur Coast Land Use Plan; or, although the increase in residential density on the receiving property exceeds that which is specified by the Development Policies contained in Chapter 5.4 of the certified Big Sur Coast Land Use Plan, the environmental impact analysis reveals that the site is suitable for more units, and traffic impacts will be mitigated through a reduction in the potential number of driveway encroachments onto State Highway Route 1. (Big Sur L.U.P. 3.2.6.3).

1.

Application. The application to transfer a development credit shall contain the following information in addition to the information required by Monterey County Procedure:

a.

Identification of the application for the proposed donor site which will generate the TDC to be transferred to the receiver site or identification of the transferable development credit and the donor site from which it is generated.

b.

Evidence of a binding commitment to transfer one or more development credits to the receiver site upon approval of designation of both donor and receiver sites; or in the alternative, evidence of a binding commitment to transfer one or more development credits upon approval of the designation of the receiver site.

2.

Timing of Transfer. The TDC may be transferred from a designated donor site to a designated receiver site. Transfer shall take place after the designation of both the donor and receiver sites.

3.

Right to Transfer TDCs. The right to transfer a TDC shall be granted by the Planning Commission's written decision designating the receiver site and canceling a TDC on a donor site upon approval of a Coastal

Development Permit pursuant to Chapter 20.70, Monterey County Code. The written decision of the Commission shall serve as the transfer of development credit defined in Section 20.64.190.030.

4.

Duration of TDC after Transfer. After a TDC has been transferred to a receiver site, the right to its use continues as long as the right to use the approval for development granted to the receiver site. For example, if a TDC is transferred to a receiver site which is subdivided with the use of the TDC, the life of the TDC is extended for the full period granted by law and the exercise of discretion by the advisory planning agency under the State Map Act. In the case of a subdivision, the life of a TDC would be extended for or terminated upon the expiration of the period between the tentative map approval and the final map approval and discretionary extensions of these periods.

Because two TDCs are granted to the donor site at the time of its designation, it may be that both TDCs are not immediately transferred. It may be that a receiver site may be granted only one TDC. This section addresses those TDCs created but not immediately transferred upon their creation.

1.

Right to Transfer TDC. The Planning Commission written decision designating the donor site shall serve as the record of the creation of development credits. This decision shall be recorded as an inchoate right upon the property that is the donor site. This right is extinguished upon transfer to a receiver site.

2.

Duration of Right to Transfer TDC. The right to transfer a TDC from a donor site to a receiver site shall exist in perpetuity. However, the duration of this right may be shortened by its transfer to a receiver site. After its transfer the right to use the TDC would extend only for the period in which the owner of the receiver site must complete the conditions of development.

3.

Transfer and Assignment of TDCs. A TDC may only be transferred from a donor site to a receiver site.

4.

Upon transfer of a TDC, the provisions of Section 20.64.190.040.5 shall apply.

The Board shall establish a revolving fund to purchase the right to transfer TDCs for retirement or for transfer. This fund may be funded by County funds, charitable contributions, non-profit trusts, or other governmental monies.

A.

Purpose: In adopting this section, the Board of Supervisors of the County of Monterey recognizes that certain types of adult entertainment facilities possess certain objectionable operational characteristics which, if such uses are allowed to concentrate, will have adverse effects upon the character of the affected area and adjacent neighborhoods. The Board further recognizes that locating adult entertainment facilities in close proximity to facilities frequented by minors will cause the exposure of minors to adult material which may adversely affect such minors due to their immaturity. Additionally, it is recognized by the Board that while certain adult entertainment enjoys limited protection under the First Amendment to the United States Constitution, substantial numbers of the citizens of the County of Monterey are offended by the public display of sexually oriented material. Special and limited regulation of adult entertainment uses, consistent with the First Amendment rights of such uses, is therefore necessary to insure that these adverse effects of adult entertainment uses will not contribute to the blighting or downgrading of zones in which they are permitted, the downgrading of surrounding neighborhoods, will not adversely affect minors, and will not offend those citizens of the County who do not wish to be exposed to sexually oriented material.

B.

Applicability: The provisions of this section apply to all proposed adult entertainment facilities.

C.

Definitions: As used in this section, the following terms shall have the following meanings:

1.

Specified sexual activities means:

a.

Human genitals in a state of sexual stimulation or arousal;

b.

Acts of human masturbation, sexual intercourse or sodomy;

c.

Fondling or other erotic touching or sex stimulation of human genitals, pubic region, buttock, or female breast.

2.

Specified anatomical areas means:

a.

Less than completely or opaquely covered;

i.

Human genitals;

ii

Human buttock;

iii.

Human female breasts below a point immediately above the top of the areola; and

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

3.

Adult entertainment facility as used in this section shall include the following uses:

a.

Adult bookstore means an establishment having as all or a substantial or significant portion of its stock, books, magazines or other periodicals or films, peepshows, or other similar devices designed for use in individual viewing of films on the premises, which books, magazines, periodicals, films, peepshows, or similar devices are substantially devoted to the depiction of specified sexual activities or specified anatomical areas as defined herein.

b.

Adult motion picture theater means a building or structure or portion thereof used for presenting material in the form of motion picture film, video tape or other similar means which film, video tape, or other means is substantially devoted to the depiction of specified sexual activities or specified anatomical areas for observation and viewing by patrons therein.

c.

Adult live entertainment establishment means a building or structure or portion thereof used or proposed to be used for presenting live entertainment which is substantially devoted to the depiction of specified sexual activities or specified anatomical areas for observation and viewing by patrons therein.

d.

Adult entertainment facility means any facility which includes an adult bookstore, an adult motion picture theater, an adult live entertainment establishment or any other place of business of any similar purpose, operation or function.

e.

Massage establishment means any establishment or proposed establishment having a fixed place of business or which operates by means of soliciting or receiving business by means of telephonic

communication without a fixed place of business, the purpose of which establishment is to give, receive, or provide massage or any similar or like service to customers or clients of said establishment. Massage establishment shall not include a facility operated by:

i.

Physicians, surgeons, chiropractors, osteopaths, physical therapists or massage therapists who are duly licensed to practice their respective professions in the State of California;

ii.

Nurses who are registered as such under the laws of the State of California.

D.

Location of Adult Entertainment Facilities.

1.

No persons, whether as principal, agent, employee or independent contractor, either for himself or for any other person, or as an officer of any corporation or member of any partnership, or otherwise, shall place, maintain, own, or operate any adult entertainment facility in the following locations:

a.

Within one thousand (1,000) feet of any "HDR," "MDR," "LDR" or "RDR" district;

b.

Within one thousand (1,000) feet of any parcel of real property upon which is located any of the following:

i.

A public or private school attended primarily by minors;

ii.

A church;

iii.

A public work or recreation facility which is available for use by minors.

c.

Within one thousand (1,000) feet of any other adult entertainment facility.

2.

An adult entertainment facility shall only be permitted in commercial zoned districts upon first obtaining a Coastal Development Permit in each case.

E.

Public Display of Certain Matter Prohibited. Adult entertainment facilities shall not display or exhibit any material depicting specified anatomical areas or specified sexual activities in a manner which exposes said material to the view of persons outside the building in which said facility is located.

A.

Purpose: The purpose of this section is to provide the minimum development standards for mobilehome parks.

B.

Applicability: The provisions of this section are applicable in all residential zoning districts.

C.

Regulations:

1.

Mobilehome parks may be permitted subject to the approval of the Planning Commission of a Coastal Development Permit in any residential zoning district.

2.

The minimum lot area for a mobilehome park shall be five acres.

3.

The density of a mobilehome park shall not exceed the density shown for the parcel on the Sectional District Map, or eight units per acre, whichever is less.

4.

The minimum mobilehome site within the mobilehome park shall not be less than three thousand (3,000) square feet.

5.

Minimum setbacks from adjoining streets and properties shall:

a.

Front setback: Twenty (20) feet;

b.

Side setback: Ten (10); and

c.

Rear setback: Ten (10) feet.

6.

Landscaping and fencing shall be provided and designed to screen the mobilehome park from the street and adjoining properties. Landscaping and fencing plans shall be approved by the Director of Planning and Building Inspection.

7.

All landscaped areas shall be maintained in a litter-free, weed-free, condition. All plant material shall be maintained in a healthy, growing condition.

8.

Ten (10) percent of the total area of the mobilehome park shall be developed and maintained for recreational purposes.

9.

Two parking spaces shall be provided on each mobilehome site. The parking spaces shall not be a part of the minimum street width.

10.

All utility distribution facilities, including but not limited to electrical, communication and cable television lines installed in, and for the purpose of, supplying service within any mobilehome park, shall be placed underground, except:

a.

Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestalmounted terminal boxes and meter cabinets; and

b.

Concealed ducts, or such equipment when concealed by shrubbery, landscaping, or other screening as approved by the Director of Planning and Building Inspection.

The Planning Commission may waive the requirements of this sub-section if topographical, soil, or other physical conditions make underground installation of said facilities unreasonable or impractical.

11.

No mobilehome park shall have commercial uses other than those used primarily by the residents of the park such as coin-operated machines for laundry, soft drinks, cigarettes, and similar uses on condition that the uses shall be located in the interior of the park.

A.

Purpose: The purpose of this section is to establish regulations for relocating structures and mobilehomes onto any lot in the County of Monterey.

B.

Applicability: The provisions of this section are applicable in all zoning districts.

C.

Regulations: No structure or mobilehome may be relocated onto any lot unless:

1.

All necessary discretionary permits for the structure or mobilehome or use of the structure or mobilehome are obtained and appeals, if any, are resolved; or,

2.

When no discretionary permits are required, all necessary building permits for the installation of the relocated structure or mobilehome are issued.

20.64.230 - Regulations for development on slopes in excess of thirty (30) percent.

A.

Purpose: The purpose of this section is to establish regulations, procedures and standards to consider development on slopes in excess of thirty (30) percent (twenty-five (25) percent in North County). In areas within the North County Land Use Plan boundaries twenty-five (25) percent shall replace thirty (30) percent throughout this Section.

B.

Applicability: The provisions of this section are applicable in all zoning districts for all proposed development on slopes in excess of thirty (30) percent.

C.

Regulations.

1.

All development on slopes of thirty (30) percent or more requires a Coastal Development Permit, except as provided in Section 20.64.230(C)(2) and (3).

The following development may be allowed on slopes exceeding thirty (30) percent provided a Coastal Administrative Permit is first obtained:

a.

Soils tests, percolation tests, geologic tests and similar exploratory tests;

b.

Excavations on man-made slopes provided:

i.

The excavation does not exceed one hundred (100) cubic yards; and

ii.

The excavation does not exceed two feet in depth; and

iii.

The excavated slopes is not steeper than the one and one-half horizontal to one vertical;

c.

Fills on man-made slopes provided:

i.

The fill contains earth material only; and

ii.

The fill does not exceed one hundred (100) cubic yards; and

iii.

The fill does not exceed two feet in depth; and

iv.

The fill is not placed on a man-made slope in excess of one and one-half horizontal to one vertical.

d.

Additions to existing structures on natural or man-made slopes provided the addition does not exceed one hundred twenty (120) square feet on the slope area.

Internal remodeling and second story additions of portions of structures existing on slopes of thirty (30) percent or more are exempt from Coastal Development Permit and Coastal Administrative Permits provided such remodeling or additions causes no site disturbance on slopes of thirty (30) percent or more.

D.

Appropriate Authority. The Appropriate Authority to consider Coastal Development Permit pursuant to Section 20.64.230(1) is the Monterey County Planning Commission unless such Coastal Development Permit is combined with another discretionary permit required to be considered by another body. In such case, that body shall be the Appropriate Authority for the Coastal Development Permit.

E.

Action of the Appropriate Authority.

1.

In order to approve development on slopes of thirty (30) percent or more, the Appropriate Authority must find, in addition to other necessary findings, based on substantial evidence, that:

a.

There is no feasible alternative which would allow development to occur on slopes of less than thirty (30) percent; or

b.

That the proposed development better achieves the goals, policies and objectives of the Monterey County Local Coastal Program than other development alternatives.

2.

The Appropriate Authority shall require such conditions and changes in the development as it may deem necessary to assure compliance with Section 20.64.230(E)(1).

20.64.240 - Regulations for determination of vested rights.

A.

Purpose.

1.

The purpose of this section is to establish regulations, procedures, and standards to be used in the determination of vested land use rights as those rights are defined under existing law. This section is not intended to make a change in common law or statutory vested rights standards in existence as of the date of adoption hereof.

This section is not intended to address the following:

a.

Legal non-conforming uses or structures which are regulated in Chapter 20.68 of this Title.

b.

Questions regarding permit enforcement which are regulated in Chapter 20.90 of this Title.

c.

Vesting tentative maps which are regulated in Title 19.

d.

Development or uses in accordance with binding development agreements.

3.

This section is not intended to and does not limit nor restrict any other rights which may exist in law or equity, including the right to have a development application evaluated under the laws, policies, and/or regulations in effect at the time the application is determined to be complete by the Monterey County Planning and Building Inspection Department.

B.

Applicability. The provisions of this section are applicable in all zoning districts.

C.

Regulations.

1.

No person who has obtained a vested right in a development prior to the effective date of all applicable County ordinances or regulations or who has obtained a permit from the County in compliance with all applicable County ordinances or regulations in effect at the time said permit was granted shall be required to secure approval for said development; provided, however, that no significant or substantial change may be made in any such development without prior approval having been obtained from the County pursuant to other applicable County ordinances and regulations.

2.

Any person claiming a vested right in a development, which right is disputed by a department head of the County, and who wishes to be exempt from any County land use or development permit requirements, shall substantiate the claim in a proceeding before the Planning Commission pursuant to this section. In such a proceeding the claimant shall have the burden of proof as to each finding necessary to establish a vested right as set forth in subsection 6 following.

3.

Any person who claims that a development is exempt from the County's permit requirements by reason of a vested right, and whose such claim is disputed by a department head of the County, shall initiate such claim by filing a claim of vested rights with the Planning and Building Inspection Department.

4.

For each claim, claimant shall provide the following information together with any other relevant information required by the Director of Planning and Building Inspection:

a.

Name of claimant, address, telephone number.

b.

Name, address, and telephone number of claimant's representative, if any.

c.

Description of the development claimed to be exempt, including all incidental improvements such as utilities, road and other infrastructure, and a description of the specific parcel of land on, and including a description of the specific boundaries within which such development or use exists for which the claim of exemption is made. A site plan, development plan, grading plan, and construction or architectural plans may be attached as appropriate.

d.

A list of all governmental approvals which have been obtained, including those from State or Federal agencies, and the date of each final approval. Copies of all approvals shall be attached.

e.

A list of any governmental approvals which have not yet been obtained and anticipated dates of approval.

f.

A list of any conditions to which the approvals are subject and date on which the conditions were satisfied or are expected to be satisfied.

g.

A specification of the nature and extent of the work or use in progress or completed, including (1) date of each portion commenced (e.g., grading, foundation work, structural work, etc.); (2) any governmental approval pursuant to which the portion was commenced; (3) portions completed and date on which completed, if applicable; (4) status of each portion on date of claim; (5) amounts of money expended on portions of work completed or in progress (dates and amounts of expenditures shall be itemized).

h.

A description of those portions of the development or use continuing and remaining to be completed.

i.

A list of the amount and nature of any liabilities incurred that are not covered above and dates incurred, and a list of any remaining liabilities to be incurred and date when these are anticipated to be incurred.

j.

A statement of the expected total cost of the development or use.

k.

A statement on whether the development or use is planned as a series of phases or segments, and if so, a description of the phases or segments involved.

l.

A statement of the date when is it anticipated that the total development or use will be completed.

m.

A written authorization of any agent acting on behalf of the applicant.

n.

A certification by applicant or agent as to all contents of documents submitted in support of the claim of vested right.

5.

As soon as practicable after an application for a determination of a claim of vested rights is found to be complete by the Planning and Building Inspection Department, and in no event later than ninety (90) days from such date, the Director of Planning and Building Inspection shall notice a hearing before the Planning Commission pursuant to Chapter 20.84 of the Monterey County Code, to determine the claim of vested rights. Notice shall also be given to any person who has requested such notice in writing. The Director of Planning and Building Inspection Department shall make a written recommendation to the Planning Commission for consideration of the claim of vested rights. At such hearing, the Director of Planning and Building Inspection shall introduce into evidence all evidence submitted by the claimant and all evidence submitted either supporting or in opposition to the claim.

6.

Action by the Planning Commission on a claim of vested right shall be supported by written findings of fact. The required findings to substantiate a claim of vested right shall be as follows:

a.

That the vested right has been established with respect to a specific parcel of land or within specifically described boundaries, or for a specifically described development or use;

b.

That each development or use as to which a vested right is sought was done in reliance upon a Countyissued permit or was established prior to enactment of County regulations requiring such a permit;

c.

That each development or use as to which a vested right is sought does not exceed either:

1)

The scope authorized by the terms and conditions of the County-issued permit relied upon (if any); or

2)

The extent of the development or use as of the effective date of County ordinances or regulations regulating the development or use.

d.

That the person claiming a vested right performed substantial work and incurred substantial financial liabilities in good faith reliance upon a building permit issued by the County as required under existing law, or did the same prior to the effective date of the regulation from which a vested right exemption is sought; and

e.

That each development or use as to which a vested right is sought has not been abandoned to and including the effective date of the regulation from which a vested right exemption is sought.

7.

Each claim of vested rights is substantiated pursuant to Paragraph 6 of this Subsection C shall be acknowledged by the Planning Commission to the extent it has been substantiated. If the claim is not substantiated, it shall be denied by the Planning Commission. However, if the circumstances suggest that a claimant may be able to provide additional information to substantiate the claim or that other evidence is pertinent to the claim, the matter may be continued so that claimant may submit additional evidence.

8.

Appeals from a decision of the Planning Commission granting or denying a claim of vested rights may be made to the Board of Supervisors by any public agency or person aggrieved by the decision pursuant to Chapter 20.86 of the Monterey County Code.

9.

A final determination by the Planning Commission recognizing a claim of vested rights shall constitute acknowledgment that the development does not require any additional permit under County regulations provided that no substantial change may be made in the development except in accordance with the permit requirements of the County. If any approval upon which the acknowledgment is based lapse either

by its own terms or pursuant to any provision of law, the acknowledgment made under this section shall automatically and without further action be null and void and the development or use shall become subject to the permit requirements of the County.

10.

Claims involving vested rights created by a Coastal Permit and approved prior to 1988 or claims involving vested rights for development created before coastal development permits were required in 1972 or 1976 shall be made to the California Coastal Commission.

D.

Filing Fee. The application fee for a determination of vested land use rights shall be as established from time to time by the Board of Supervisors, and no part of such fee shall be refundable unless said refund is requested in writing concurrently with the withdrawal of the request and provided that the applicant has not been sent written notice of the application's completeness or incompleteness. In the latter case, fifty (50) percent of the filing fee shall be refunded.

20.64.250 - Regulations for the reduction of vehicle trips for certain developments.

A.

Purpose: It is the purpose of this section to establish requirements to reduce vehicle trips in certain developments by ensuring that new developments, redevelopment, and expansion of existing developments contain the infrastructure and programs needed to reduce the need to travel and to encourage alternative modes of travel.

B.

Applicability: The provisions of this section are applicable to all residential developments of twenty-five (25) or more units and all other Applicable Developments as defined herein.

C.

Definitions: The following definitions apply to this section:

1.

Alternative Transportation Mode means any mode of travel that serves as an alternative to the single occupant vehicle including, but not limited to, ridesharing, carpooling, vanpooling, public transit, bicycling, walking, or alternative work modes such as telecommuting.

2.

Applicable Development means any new development project that proposes:

a.

A residential development of twenty-five (25) or more units; or,

b.

A new or expanded commercial, industrial or tourist oriented development which will employ fifty (50) or more persons; or

c.

A new or expanded commercial, industrial or tourist oriented development of twenty-five thousand (25,000) gross square feet or more.

Applicable Development include Complexes exceeding the fifty (50) employee threshold.

3.

Average Vehicle Ridership (AVR) means the figure determined by dividing the number of employees (including those telecommuting) at a regulated work site who commute to and from work during the peak period, by the number of vehicles driven by these employees between home and the work site over that five-day period.

4.

Buspool means use of a heavy duty vehicle designed and intended to be occupied by at least sixteen (16) passengers, the routing or scheduling for which is arranged between employer(s) and transit operators.

5.

Carpool means the use of a light duty motor vehicle by at least two but not more than six employees traveling together to work.

6.

Commercial development means a development to serve business, professional, or office purposes.

7.

Complex means any business park, shopping center, or mixed use development under separate or common ownership, which can be identified by two or more of the following characteristics:

a.

It is known by a common name given to the project by its developer.

b.

It is governed by a common set of covenants, conditions, and restrictions.

c.

It was approved, or is to be approved as an entity by the County.

d.

It is covered by a single tentative or final subdivision map or has been represented to the County as a single site and development.

e.

It is located on a single assessor's parcel.

f.

It is part of a master plan, community or a specific area plan.

8.

Congestion Management Program (CMP) means the county-wide program developed in accordance with California Government Code Sections 65088 et seq., requiring local jurisdictions and Congestion Management Agencies to adopt and implement a trip reduction and travel demand element.

9.

County means an administrative body or person within the organization structure of the County of Monterey, such as the Board of Supervisors, Planning Commission, Zoning Administrator or Building Official with the power to grant a ministerial or discretionary permit to an Applicable Development.

10.

Developer means the individual or company who is responsible for the planning, design, construction and/or management of an Applicable Development.

11.

Drive Alone Rate means the percentage of employees driving to and from work without a passenger.

12.

Facility(ies) means the total of all buildings, structures and grounds that encompass the development site of an Applicable Development.

13.

Mixed-Use Development means any development project that combines residential uses with any one of these or similar land uses: day care, office, commercial, light industrial, retail, or business park.

14.

Park-and-Ride Lot means a free parking lot located near residential communities or along highways which is served by a transit route or can be used by commuters as a staging area for carpool formation or for catching a bus and/or by visitors as a staging area for tourist shuttle buses.

Parking Cash Out Program means an employer funded, tax-deductible program where the employer provides a cash allowance to an employee that is equivalent to the parking subsidy the employer would otherwise provide.

16.

Parking Management means the comprehensive management of the location, cost and availability of parking to effect changes in travel behavior, trips generated, and transportation mode used.

17.

Permit means a ministerial or discretionary permit from the County for an applicable development.

18.

Site Development Plan means a precise plan of a particular development or permit for an Applicable Development.

19.

Special Event means a seasonal, recurring activity or a singular event which attracts both residents and non-residents to a facility for recreational or other activities.

20.

Special Event Promoter means the applicant who applies for a permit to stage, present, or advertise a special event.

21.

Telecommuting means method(s) of conducting work without leaving one's residence.

22.

Tourist Oriented Development means a development whose purpose is to accommodate, or to sell to, the traveling public, or to promote tourism.

23.

Transportation Demand Management (TDM) means the implementation of programs, plans, pricing, or policies designed to encourage changes in individual travel behavior.

24.

Transportation Management Association (TMA) means a group of employers or others joining together in a formal association with the intent to reduce trips.

25.

Trip means a Vehicle Trip.

Trip Reduction means reducing the number of trips made in single occupant vehicles.

27.

Trip Reduction Checklist means a listing of the TDM methods proposed to be used by developers to reduce trips.

28.

Vanpool means the organization of seven or more persons traveling to and from work in one vehicle.

29.

Vehicle Trip means a point to point journey or trip in one direction utilizing a vehicle.

D.

Regulations: The following regulations apply to all Applicable Developments:

1.

Developers of all proposed Applicable Developments shall submit a Trip Reduction Checklist as part of the ministerial or discretionary permit application materials for the proposed Applicable Development. The Checklist and site development shall identify the proposed design elements and facilities that encourage alternative transportation usage by residents, employees and customers of the development.

2.

The County shall consider the nature and size of the development when reviewing the Trip Reduction Checklist. After review of the Trip Reduction Checklist and site development plans submitted with the application, the County may require, but not be limited to, one or all of the following programs from the developer as a condition of approval of the development:

a.

Provide ridesharing, public transportation, and nearby licensed child care facility information to tenants/buyers as part of move-in materials.

b.

Print transit scheduling information on all promotional materials.

c.

Install bicycle amenities, such as bicycle racks and bicycle lanes (where appropriate), paths and routes, at intermodal connection points.

d.

Provide bus pull-outs, pedestrian access, transit stops, shelters and amenities as part of the site plan, as described in the Monterey Salinas Transit Development Review Guidebook or subsequent publications.

e.

Provide locked and secure transportation information centers or kiosks with bus route and schedule information, as part of common areas in applicable developments.

f.

Provide pedestrian facilities linking transit stops and common areas.

g.

Provide financial resources for site amenities that reduce vehicle trips.

h.

Provide park-and-ride facilities.

i.

Provide on-site child care facilities.

j.

Provide local TDM Improvements defined as shuttle bus services, bus pools or improved transit service as part of the development.

k.

Provide facilities such as computers and modems to encourage Telecommuting.

l.

Pay Trip Generation Fees with proceeds to go toward provision or transit service, transportation management associations, ridesharing services and other alternative transportation services.

m.

Provide mixed land uses designed to reduce the length and number of vehicle trips where permitted by the zoning ordinance.

n.

Provide pedestrian and bicycle system improvements.

o.

Provide transit oriented design or pedestrian oriented design, or both.

p.

Provide park-and-ride, public transportation shuttles, and associated marketing to special event ticket purchasers as part of the special event promotion or site or business promotion.

q.

Prepare programs and projects to provide alternatives to automobile transportation into Monterey County.

r.

Provide alternative transportation from the airport, provide airport information displays, contribute to the marketing of fare promotions of transit service and transit passes, provide concierges as sources of tourist transit promotion, rent bicycles to visitors, provide contribution of funds for implementing rail service to the area, provide transit information displays.

s.

Provide educational and marketing strategies designed to induce tourists to reduce their vehicle trips.

t.

Provide on-site banking automatic teller machines (ATM's), restaurants, dry cleaners, grocery, and other typically needed services to reduce the need for vehicle trips. Link these uses with convenient and pedestrian oriented paths. Provide transit access that allows bus passengers convenient access to uses with a minimum of walking distance.

u.

Locate building entrances close to bus stops with access uninterrupted by parking lots, parking aisles, and interior roadways. Place parking at the rear of the development and the transit stop at the front of the development near the main entrance.

E.

Employee Generation Factors: The following are the employee generation factors by type of use:

;adv=6;Note: Locally generated data using summer (May—September) figures may be substituted.

20.64.260 - Public and Quasi-Public Uses.

A.

Public and quasi-public uses such as schools, churches, parking lots, public facilities (except in Del Monte Forest), public utilities and roads are consistent land uses under all land use designations and in all zoning districts except for AP (CZ), AC (CZ), and RC (CZ) zoning districts.

B.

All public and quasi-public uses approved pursuant to a Coastal Development Permit shall be specifically found with substantial evidence to be compatible with surrounding land uses.

C.

Public and quasi-public uses allowed in residential areas shall be limited to those of a residential nature or incidental to residential uses such as schools, or public safety facilities.

D.

Intensive public and quasi-public uses, such as corporation yards, jails or other types of detention facilities shall not be located in residential areas.

20.64.280 - Easements, offers of dedication, deed restrictions, and notices.

A.

Easements and Offers of Dedications.

1.

Easements and Offers of Dedications shall be required as conditions of project approval where so required in the ordinance and where determined by the County to be necessary for protection of natural resources and/or public access. The easement or offer of dedication shall be required in accordance with procedures in 20.64.280.A.6., prior to the issuance of building or grading permits.

2.

Public access easements or offers of dedications for public access shall be required for provision of vertical or lateral public access. An offer of dedication shall be required when neither the County nor any other agency or association acceptable to the County is ready to accept the dedication. An easement or fee simple dedication where specified in a land use plan shall be required when the County or other agency or association acceptable to the County has agreed to accept the dedication. The public access easements and offers of dedication shall be required as follows:

a.

Offers of dedication for vertical public access shall be required in accordance with the forms in Appendix 6.

b.

Offers of dedication for lateral public access shall be required in accordance with the forms in Appendix 7.

c.

Offers of dedication for trail public access shall be required in accordance with the forms in Appendix 8.

d.

Public access easements for provision of lateral, vertical, and/or trail access shall be required in accordance with the forms in Appendix 9.

3.

Offers of dedication for public access, where required, shall be irrevocable for a period of twenty-one (21) years after recordation. The offer shall be held by and kept on file with the California Coastal Commission for the duration of this time except offers involving Del Monte Forest are to be held by the County. During the twenty-one-year period, the County may choose to act as Grantee and accept the offer of dedication. If so, a public access easement or fee simple dedication shall be prepared in accordance with the procedures and forms in Appendix 9.

4.

Scenic and conservation easements shall be required when necessary for the protection of habitat, scenic, open space, or archaeological resources, in accordance with the forms in Appendix 10. The Del Monte Forest Foundation should be the grantee for all easements required for the protection of environmentally sensitive habitats and scenic and visual resources in the Del Monte Forest. All other easements shall be granted to the County of Monterey.

5.

A subordination agreement shall be required, where necessary, in accordance with the procedures and forms in Appendix 11. A subordination agreement must be recorded if the title report prepared for the property shows that the property is encumbered by any prior lien or encumbrance other than a tax lien which the Director of Planning and Building Inspection and legal counsel have determined may affect the interest being conveyed.

6.

The procedure for recordations of easements and offers of dedication shall be as follows:

a.

The easement or offer of dedication shall be required as a condition of project approval.

b.

The appropriate easement or offer packet, as contained in the appendix specified above, shall be transmitted to the applicant by the Planning and Building Inspection Department.

c.

The applicant shall complete the signed and notarized forms according to the procedures outlined in the packet. The subordination agreement must accompany the offer or easement, if the preliminary title report shows that the property is not free of prior liens, except for tax liens.

d.

The applicant shall submit the completed packet to the Monterey County Planning and Building Inspection Department.

e.

The Monterey County Planning and Building Inspection Department shall review the documents for correctness of content, then transmit the completed packet to the County Counsel office for review and approval.

f.

County Counsel shall review the documents for correctness of form. Once Counsel has approved the documents, Counsel shall initial the documents to indicate approval as to form.

g.

The Planning and Building Inspection Department shall forward a copy of the permit conditions and findings of approval and copies of the legal documents to the Executive Director of the Coastal Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies. The procedure shall then be as follows:

1)

The Executive Director of the Coastal Commission shall have fifteen (15) working days from receipt of the documents in which to complete the review and notify the applicant of recommended revisions if any;

2)

The local government may issue the permit upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the local government within that time period;

3)

If the executive director has recommended revisions to the applicant, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the Executive Director. (Coastal Commission Regulations Section 13574)

h.

County Counsel shall return the documents to the Planning and Building Inspection Department.

i.

If the document is an easement to be granted to the County or an offer of an easement that the County wishes to accept, the Planning and Building Inspection Department shall arrange for the easement to be accepted by the Board of Supervisors where possible as a "consent" item at a regularly-scheduled public hearing of the Board of Supervisors. The Planning and Building Inspection Department shall notify the applicant of the hearing date and time. Then:

1)

The Board of Supervisors may accept the easement.

2)

If accepted by the Board of Supervisors, the easement shall be duly signed by the Board Chair.

3)

The Clerk of the Board shall return the signed documents to the Planning and Building Inspection Department, who shall then transmit the documents to the applicant.

4)

The Coastal Commission shall be notified of the acceptance of the easement.

j.

If the document is an offer of dedication that the County is not accepting, the Planning and Building Inspection Department shall return the document to the applicant.

k.

The applicant shall record the offer of dedication or easement and subordination agreement, if applicable, at the County Recorder's office. The offer or easement and subordination agreement must be recorded as separate documents. Once indexed by the Recorder's office, the County Recorder shall return the documents to the Monterey County Planning and Building Inspection Department.

l.

The applicant shall submit an updated preliminary title report to the Monterey County Planning and Building Inspection Department. The title report shall show the recorded documents in the chain of title and free of prior liens or encumbrances which could affect the interest being conveyed.

m.

The Planning and Building Inspection Department shall transmit the title report to the County Counsel's office for review.

n.

County Counsel shall notify the Planning and Building Inspection Department in writing that the title report properly shows the recorded documents free of prior liens or encumbrances.

o.

The condition shall be shown as completed by the Planning and Building Inspection Department. The condition must be completed prior to the issuance of building or grading permits or prior to recordation of the parcel or final map or other authorization to proceed with the approved development, as applicable. If an offer has been required, the Planning and Building Inspection Department shall transmit a copy of the Offer, title report, and subordination agreement, if applicable, to the California Coastal Commission.

B.

Deed Restrictions.

1.

Deed restrictions shall be required as conditions of project approval where so required in the ordinance and or as otherwise recommended by Monterey County departments. The deed restriction shall be required in accordance with the procedures contained in Section 20.64.280.B.3, prior to the issuance of building or grading permits and prior to recordation of the parcel or final map or other authorization to proceed with the approved development, as applicable.

2.

The deed restriction shall be required in accordance with forms contained in Appendix 12.

3.

The procedure for recordations of deed restrictions shall be as follows:

a.

The deed restriction shall be required as a condition of project approval.

b.

The deed restriction packet, as contained in Appendix 12, shall be transmitted to the applicant by the Planning and Building Inspection Department.

c.

The applicant shall complete the signed and notarized forms according to the procedures outlined in the packet. The subordination agreement must accompany the deed restriction, if the preliminary title report shows that the property is not free of prior liens, except for tax liens which the Director of Planning and Building Inspection and legal counsel have determined may affect the interest being conveyed.

d.

The applicant shall submit the completed packet to the Monterey County planning and Building Inspection Department.

e.

The Monterey County Planning and Building Inspection Department shall review the documents for correctness of content, then transmit the completed packet to the County Counsel office for review and approval.

f.

County Counsel shall review the documents for correctness of form. Once Counsel has approved the documents, Counsel shall initial the documents to indicate approval as to form.

g.

County Counsel shall return the documents to the Planning and Building Inspection Department.

h.

The Planning and Building Inspection Department shall return the documents to the applicant.

i.

The applicant shall record the deed restriction and subordination agreement, if applicable, at the County Recorder's office. The deed restriction and subordination agreement must be recorded as separate documents. Once indexed by the Recorder's office, the County Recorder shall return the documents to the Monterey County Planning and Building Inspection Department.

j.

The applicant shall submit an updated preliminary title report to the Monterey County Planning and Building Inspection Department. The title report shall show the recorded documents in the chain of title and free of prior liens or encumbrances which could affect the interest being conveyed.

k.

The Planning and Building Inspection Department shall transmit the title report to the County Counsel's office for review.

l.

County Counsel shall notify the Planning and Building Inspection Department in writing that the title report properly shows the recorded documents free of prior liens or encumbrances.

m.

The condition shall be shown as completed by the Planning and Building Inspection Department. The condition must be completed prior to the issuance of building or grading permits.

C.

Notices of Other Restrictions.

1.

Notices of other restrictions, such as presence of floodplain or preparation of a consultant report, which do not constitute a deed restriction, shall be required as conditions of project approval where so required in the ordinance and or as otherwise recommended by Monterey County departments. The notice shall be required prior to the issuance of building or grading permits in accordance with the following procedures:

a.

The notice shall be required as a condition of project approval.

b.

The applicant shall prepare the notice.

c.

The signed and notarized notice shall be transmitted by the applicant to the Planning and Building Inspection Department.

d.

The Monterey County Planning and Building Inspection Department shall review the notice for correctness of content, then transmit the proposed notice to the County Counsel office for review and approval.

e.

County Counsel shall review the notice for correctness of form. Once Counsel has approved the notice, Counsel shall initial the documents to indicate approval as to form.

f.

County Counsel shall return the documents to the Planning and Building Inspection Department.

g.

The Planning and Building Inspection Department shall transmit the notice to applicant, with notification that the notice is acceptable to the County.

h.

The applicant shall record the notice at the County Recorder's office. Once indexed by the Recorder's office, the County Recorder shall return the recorded notice to the Monterey County Planning and Building Inspection Department.

i.

After the recorded notice has been returned to the Planning and Building Inspection Department, the condition shall be shown as completed by the Planning and Building Inspection Department. The condition

must be completed prior to the issuance of building or grading permits.

A.

Purpose: It is the purpose of this Section to:

1.

Preserve and enhance the residential character of the coastal zoning districts established in Title 20 and the sense of security and safety in stable neighborhoods of residential properties.

2.

Provide opportunity for visitors to access public areas of the unincorporated areas of Monterey County through Vacation Rental opportunities, benefiting the local economy while preserving the housing supply and quality of life, and protecting public health, safety, and general welfare.

3.

Establish regulations that provide opportunity for homeowners and residents to offer Vacation Rentals for visitors that have the potential to provide financial benefits to offset the high cost of living in Monterey County.

4.

Establish that Limited Vacation Rental and Homestay uses are similar in character, density, and intensity to residential use, are not anticipated to convert long-term housing to nonresidential use.

5.

Establish regulations to address Commercial Vacation Rental uses that have the potential to impact the character, density, and intensity of residential uses, convert long-term housing to nonresidential use, or pose hazards to public health, safety, and general welfare in areas known to have infrastructure limitations.

B.

Definitions: The definitions in Chapter 20.06 shall apply. Unless otherwise expressly stated, whenever used in this Section, the following words shall have the meanings set forth below:

1.

"Bedroom" means any habitable room of a dwelling unit which is: 1) 70 square feet or greater in size for the first individual in a bedroom and 50 square feet of space for each additional individual in the room; 2) has an exterior door or window for egress meeting health and safety code standards at the time the dwelling was constructed; and 3) has a closing door that separates the room from other areas of the dwelling. The following shall not be considered a bedroom: Any interior room that must be passed through to access another bedroom; a hallway; bathroom; kitchen; living room; dining room; family room; breakfast nook; pantry; laundry room; or closet/dressing room opening off a bedroom.

2.

"Commercial Vacation Rental" means a Vacation Rental that is Non-hosted and rented for more than three times per 12-month period.

3.

"County" means County of Monterey.

4.

"Effective Date" means the date on which the Ordinance adding this Section 20.64.290 to the Monterey County Code took effect.

5.

"Homestay" means a Vacation Rental in which the Owner occupies at least one Bedroom within the Vacation Rental while it is being rented as a Vacation Rental. The Vacation Rental must be the Owner's Primary Residence.

6.

"Limited Vacation Rental" means a Vacation Rental that is Non-hosted and rented for not more than three times per 12-month period.

7.

"Non-hosted" means that an Operator does not occupy the Vacation Rental while it is being rented.

8.

"Operator" means a person who operates the Vacation Rental and, if not the Owner, a person, who has the legal permission of the Owner to operate the Vacation Rental on the subject real property.

9.

"Owner" means the person or persons who hold fee title to the real property upon which a Vacation Rental is operated.

10.

"Owner's Primary Residence" means a Residential Property lived in by the Owner for at least 183 days, which is documented by at least two of the following: motor vehicle registration, voter registration, homeowner's exemption on their property taxes, or a utility bill.

11.

"OWTS" means an onsite wastewater treatment system, also referred to as a septic system, as regulated by Chapter 15.20 of the Monterey County Code.

"Property Manager" means the person who is designated by the Operator as being responsible for managing the Vacation Rental operation and it may include the Owner, professional property manager, realtor, other resident, or nonresident owner of the subject property.

13.

"Residential Property" means improved property, used or occupied, or intended to be used or occupied, for residential purposes.

14.

"Vacation Rental" means the use, by any person, of Residential Property for transient lodging where the term of occupancy, possession, or tenancy of the property by the person entitled to such occupancy, possession, or tenancy for a period of 30 consecutive calendar days or fewer, counting portions of calendar days as full days. "Vacation Rental" includes Commercial Vacation Rentals, Homestays, and Limited Vacation Rentals. "Vacation Rental" does not include a bed and breakfast facility, hotel, motel, hostel, inn, roominghouse, boardinghouse, rooming or boarding.

C.

Applicability: This Section applies in the unincorporated coastal zone of the County of Monterey.

D.

Regulations for Homestays:

1.

Homestays are allowed and exempt from a Coastal Development Permit pursuant to 20.70.120(S), in the following zoning districts, subject to the requirements of this Section:

a.

High Density Residential (HDR(CZ));

b.

Medium Density Residential (MDR(CZ));

c.

Low Density Residential (LDR(CZ));

d.

Rural Density Residential (RDR(CZ));

e.

Watershed and Scenic Conservation (WSC(CZ));

f.

Coastal General Commercial (CGC(CZ));

g.

Moss Landing Commercial (MLC(CZ));

h.

Visitor-Serving Commercial (VSC(CZ));

i.

Coastal Agriculture Preserve (CAP(CZ)); and

j.

Agricultural Conservation (AC(CZ)).

2.

Homestays shall be prohibited in any other zoning district.

E.

Regulations for Limited Vacation Rentals:

1.

Limited Vacation Rentals are allowed and exempt from a Coastal Development Permit pursuant to 20.70.120(T), in the following zoning districts, subject to the requirements of this Section:

a.

High Density Residential (HDR(CZ));

b.

Medium Density Residential (MDR(CZ));

c.

Low Density Residential (LDR(CZ));

d.

Rural Density Residential (RDR(CZ));

e.

Watershed and Scenic Conservation (WSC(CZ));

f.

Coastal General Commercial (CGC(CZ));

g.

Moss Landing Commercial (MLC(CZ));

h.

Visitor-Serving Commercial (VSC(CZ));

i.

Coastal Agriculture Preserve (CAP(CZ)); and

j.

Agricultural Conservation (AC(CZ)).

2.

Limited Vacation Rentals shall be prohibited in any other zoning district.

F.

Regulations for Commercial Vacation Rentals:

1.

Commercial Vacation Rentals are allowed with a Coastal Development Permit in the following zoning districts, subject to the requirements of this Section:

a.

High Density Residential (HDR(CZ));

b.

Medium Density Residential (MDR(CZ));

c.

Low Density Residential (LDR(CZ));

d.

Rural Density Residential (RDR(CZ));

e.

Watershed and Scenic Conservation (WSC(CZ));

f.

Coastal General Commercial (CGC(CZ));

g.

Moss Landing Commercial (MLC(CZ));

h.

Visitor-serving Commercial (VSC(CZ));

i.

Coastal Agriculture Preserve (CAP(CZ)); and

j.

Agricultural Conservation (AC(CZ)).

2.

Commercial Vacation Rentals shall be prohibited in any other zoning district.

3.

Commercial Vacation Rentals are subject to the following additional limitations based on a maximum allowable limit of permitted Commercial Vacation Rentals not to exceed four percent of the total single family residential dwelling unit count:

a.

Big Sur Coast Land Use Plan Area as follows: Commercial Vacation Rentals are prohibited within the Big Sur Coast Land Use Plan area.

b.

Carmel Area Land Use Plan Area as follows:

i.

Commercial Vacation Rentals are prohibited in LDR(CZ) zoning districts within the Carmel Area Land Use Plan area.

ii.

A total of 118 maximum Coastal Development Permits shall be issued at any given time for Commercial Vacation Rental uses within the Carmel Area Land Use Plan area, excluding LDR(CZ) zoning districts.

c.

North County Coastal Land Use Plan Area as follows: A total of 157 maximum Coastal Development Permits shall be issued at any given time for Commercial Vacation Rental uses within the North County Coastal Land Use Plan area.

d.

Del Monte Forest Land Use Plan Area as follows: A total of 57 maximum Coastal Development Permits shall be issued at any given time for Commercial Vacation Rental uses within the Del Monte Forest Land Use Plan area.

e.

Moss Landing Community Plan as follows:

i.

Commercial Vacation Rentals are prohibited in LDR(CZ) and MDR(CZ) zoning districts within the Moss Landing Community Plan area.

ii.

A total of two maximum Coastal Development Permits shall be issued at any given time for Commercial Vacation Rental uses within the Moss Landing Community Plan area, excluding LDR(CZ) and MDR (CZ) zoning districts.

f.

All existing transient use of a property for remuneration as a similar use to a Bed and Breakfast facility or other visitor-serving uses (such as hotels, motels, and inns) permits or entitlements issued prior to the Effective Date of this Chapter will count against their respective Land Use Plan cap. If upon the permit or entitlement expiration date or within seven years of the Effective Date of this Chapter, the Operator does not make an application for all permits, licenses, certificates, or other entitlements required by County regulations; the count will be added back to the Land Use Plan cap.

4.

A Commercial Vacation Rental that is not accessible directly from a public road shall be subject to Monterey County Code Chapter 16.80. Upon making an application with the County for Vacation Rental use, the Operator shall be required to mail notice to all properties with ownership or access rights to the private road to inform them of the proposed Vacation Rental use and shall include the application reference number, location of the vacation rental, name and contact information for the Property Manager; and procedures and contact information for the County.

5.

Commercial Vacation Rentals must demonstrate that response times for County emergency services for fire and emergency medical will be adequate. Adequate is defined as 5-8 minutes within Community Areas, Community Plans, and Sphere of Influence, 12 minutes within Rural Centers, and 45 minutes for all other areas. Commercial Vacation Rentals must provide contact information for County emergency services for

fire and emergency medical. Notice of emergency services contact information shall be included in rental contracts and posted within the unit in a prominent place within six feet of the front door. The notice shall identify the average response time for emergency services to reach the subject property and describe the onsite fire protection systems (such as fire breaks, alarms and/or water storage tanks) available.

6.

Commercial Vacation Rentals shall provide parking as required for the dwelling type by Section 20.58.040, or the applicable parking regulations at the time the dwelling was built.

7.

Only one Commercial Vacation Rental shall be allowed per legal lot of record, regardless of the number of dwellings on the legal lot of record, except in the development types and zoning districts specified below. This provision does not apply to other types of developments, such as planned unit developments or similar cluster residential subdivisions. This provision does not apply to Coastal General Commercial (CGC(CZ)), Moss Landing Commercial (MLC(CZ)), and Visitor-Serving Commercial (VSC(CZ)) zoning districts. These districts shall be allowed more than one Commercial Vacation Rental per legal lot of record and shall not exceed the number of residential units per legal lot of record.

8.

A Commercial Vacation Rental served by an OWTS shall maintain the system in good working order and ensure it is functioning properly at all times. The OWTS shall comply with Chapter 15.20 of this Code.

9.

If the Commercial Vacation Rental is served by an OWTS, the Operator shall submit evidence that the system is in good working order and functioning properly by providing a performance evaluation report completed by a qualified OWTS professional in the form and manner required by the County. Any OWTS component noted to be in unacceptable condition shall be repaired or replaced prior to County approval of a Coastal Development Permit.

10.

The Owner of the Vacation Rental shall only have an ownership interest in one Commercial Vacation Rental real property within the unincorporated Monterey County at a time.

11.

Required Findings. To grant a Coastal Development Permit for a Commercial Vacation Rental, the Appropriate Authority must find, based on substantial evidence, that the Commercial Vacation Rental complies with all findings required for a Coastal Development Permit pursuant to Chapter 20.70 and complies with all requirements of this Section.

12.

Time Limits. All Coastal Development Permits issued for Commercial Vacation Rentals shall be subject to the following time limits on the use authorized by the Coastal Development Permit:

a.

The initial Coastal Development Permit shall be issued for a term of no more than seven years.

b.

The Operator may apply to extend the Coastal Development Permit prior to the expiration date of the Coastal Development Permit pursuant to Section 20.70.110. The extension application shall be made at least 30 days prior to the expiration of the Coastal Development Permit. The Coastal Development Permit shall be extended by the Appropriate Authority by seven years upon each renewal, unless the Appropriate Authority finds that the operation is subject to revocation or modification accordingly to the criteria set forth in Section 20.70.060.

c.

The Operator shall maintain a valid business license pursuant to Chapter 7.02 and a valid Vacation Rental Operation License pursuant to Chapter 7.120 of this Code throughout the permitted term of the Commercial Vacation Rental use.

d.

The purpose of the seven-year term limit is to provide adequate ongoing review of the Commercial Vacation Rental to ensure that the use continues to meet the standards of this Section.

G.

Phasing Out Unpermitted Operations:

1.

To provide time for Operators of Vacation Rentals that were unpermitted prior to the Effective Date to bring the Vacation Rental into compliance with this Section, an Operator who can demonstrate that a Vacation Rental use was established and operating on the subject property prior to the Effective Date may continue the operation for a limited period of time.

2.

For unpermitted Vacation Rental uses, the Operator has two months from the Effective Date to make an application for all permits, licenses, certificates, or other entitlements required by this Code. The Operator will be allowed to continue to operate as a Vacation Rental for up to two months from the Effective Date, or until County takes action on the Operator's application for all required permits, licenses, and entitlements made pursuant to this Code, whichever is later, unless County requires earlier termination of the Vacation Rental use due to a risk to public health, safety and welfare. The Operator must diligently pursue the

approval and issuance of the required permits, licenses, and entitlements, or the County can require earlier termination of the Vacation Rental.

3.

Nothing in this Section prohibits the County from taking enforcement action, which may lead to shutting down a Vacation Rental operation during the phasing out period if the Vacation Rental creates an immediate or imminent threat to life, public health, or safety.

4.

Pending applications for transient use of a property for remuneration as a similar use to a Bed and Breakfast facility or other visitor-serving uses (such as hotels, motels, and inns), submitted by a qualified applicant to the County, pursuant to Title 20, that have not been approved by the Appropriate Authority prior to the Effective Date shall be required to comply with this Section.

H.

Phasing Out Previously Permitted Operations:

1.

All existing transient use of a property for remuneration as a similar use to a Bed and Breakfast facility or other visitor-serving uses (such as hotels, motels, and inns) permits or entitlements issued prior to the Effective Date shall be required to comply with this Section upon expiration of their existing permits or entitlements. If the prior use is no longer allowed pursuant to this Section, the Operator must cease operations at the time of the expiration of their permit or entitlement.

2.

All existing transient use of a property for remuneration as a similar use to a Bed and Breakfast facility or other visitor-serving uses (such as hotels, motels, and inns) permits or entitlements issued prior to the Effective Date without expiration dates shall be required to comply with this Section within seven years of the Effective Date.

3.

Nothing in this Section prohibits the County from taking enforcement action, which may lead to shutting down a Vacation Rental operation during the phasing out period if the Vacation Rental creates an immediate or imminent threat to life, public health, or safety.

I.

Exemption: The regulations set forth in this Section do not apply to unique neighborhoods with existing developments that were established with the intent of managed Vacation Rentals. The existing permitted unique neighborhoods with managed Vacation Rentals must operate according to the regulations and conditions approved through its original land use entitlement.

(Ord. No. 5439, § 17, 9-23-2025)

A.

Purpose: To provide reasonable flexibility of zoning standards to encourage and accommodate the renovation and rehabilitation of historic resources and structures within historic districts.

B.

Following the provision of notice pursuant to Chapter 20.76 of this Code, the Director of Planning and Building Inspection may grant an exception to the zoning district regulations when such exception is necessary to permit the preservation or restoration of or improvements to a structure designated as historically significant pursuant to the provisions of Chapter 18.85 of this Code. Such exceptions may include, but not limited to, parking, yards, height, and coverage regulations. Such exceptions shall not include approval of uses not otherwise allowed by the zoning district regulations.

20.64.310 - Regulations for the siting, design and construction of wireless communication facilities.

A.

Purpose: The purpose of this section is to establish the regulations, standards and circumstances for the siting, design, construction and maintenance of wireless communication facilities in the coastal areas of the unincorporated area of the County of Monterey.

It is also the purpose of this chapter to assure, by the regulation of siting of wireless communications facilities, that the integrity and nature of residential, rural, commercial, and industrial areas are protected from the indiscriminate and inappropriate proliferation of wireless communication facilities while complying with the Federal Telecommunication Act of 1996, General Order 159A of the Public Utilities Commission of the State of California and the policies of Monterey County.

B.

Applicability: The provisions of this section are applicable in all zoning districts.

C.

Regulations: Wireless communication facilities shall be allowed on any lot or parcel in any zoning district, subject to a Coastal Administrative Permit or a Coastal Development Permit. Facilities regulated by this ordinance include the construction, modification, and placement of all Federal Communication Commission (FCC) regulated amateur radio antenna, satellite dish antennas and any antennas used for multi-channel, multi-point distribution services (MMDS or "Wireless Cable") and personal wireless service facilities. Wireless service facilities shall be subject to the following regulations to the extent that such requirements (1) do not unreasonably discriminate among providers of functionally equivalent services or (2) do not have the effect of prohibiting personal wireless services within Monterey County.

1.

Wireless communication facilities shall comply with all applicable goals, objectives and policies of the general plan, area plans, zoning regulations and development standards.

Wireless communication facilities shall comply with all FCC rules, regulations, and standards.

3.

Wireless communication facilities shall comply with all applicable criteria from the Federal Aviation Administration (FAA) and shall comply with the requirement of all Comprehensive Airport Land Use Plans adopted by the Monterey County Airport Land Use Commission (ALUC) unless the Board of Supervisors has overruled the adoption of said plans pursuant to the California Public Utility Code section 21676.

4.

Wireless communication facilities shall be sited in the least visually obtrusive location possible pursuant to Sections 20.64.310G and 20.64.310H1. Appropriate mitigation measures shall be applied in instances where the facility is visible from a designated scenic corridor or public viewing area.

5.

A visual simulation of the wireless communication facility shall be provided together with a written report from an installer showing all locations where an unimpaired signal can be received. Visual simulation can consist of either a physical mock-up of the facility, balloon simulation, computer simulation or other means. In instances where the wireless communication facility is located near or in a residential area, photos shall be submitted of the proposed wireless communication facility from the nearest residential neighbors. In instances where the wireless communication facility is located along a scenic corridor, critical viewshed area or within a designated historic resource site or district, a detailed visual analysis of the facility shall be submitted.

6.

Where the wireless communication facility is proposed to be located within a designated historic resource site or district, the applicant shall comply with the regulations for historic resources pursuant to Chapter 20.54 and Chapters 18.25 and 18.26.

7.

Where a wireless communication facility exists on the proposed site location, co-location shall be pursued to the maximum extent feasible. If a co-location agreement cannot be met, documentation of the effort and the reasons why co-location was not possible shall be submitted and reviewed by the Director of Planning and Building Inspection.

8.

Other regulations enacted pursuant to the General Plan, Local Coastal Program and Area Plan may be applied to the proposed wireless communication facility, depending on the location, and type of facility.

D.

Exemptions: The following types of wireless communications facilities are allowed in any zoning district and are exempt from the provisions of this chapter. Except that, if defined as development (Section 20.06.310)

which is not exempt, pursuant to Section 20.70.120, nor preempted by federal law, a coastal permit shall be required.

1.

Structure-mounted antennas as defined in Section 20.64.310(F)(3) of this chapter.

2.

Ground-mounted antennas as defined in Section 20.64.310(F)(4) of this chapter.

3.

A ground- or building-mounted citizens band or two-way radio antenna including any mast, provided the height of the antenna, including the tower, support structure, or post, does not exceed zoning district height requirements of the zoning district.

4.

A ground-, building- or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur or Business Radio Service, provided that its maximum height does not exceed the height requirements of the zoning district.

5.

A ground- or building-mounted receive-only radio or television antenna which does not exceed twelve (12) feet in height above the roofline or television satellite dish, which does not exceed one meter in diameter, if located on residential property within the exclusive use or control of the antenna user.

6.

A television satellite dish which is between one and two meters in diameter and is located in any area where commercial or industrial uses are permitted by the land use designation.

7.

Mobile services providing public information coverage of news events of a temporary nature.

8.

Hand held devices such as cell phones, business-band mobile radios, walkie-talkies, cordless telephones, garage door openers and similar devices as determined by the Planning Director.

E.

Findings:

1.

The proliferation of antennas, towers, and or satellite dishes could create significant, adverse visual impacts; therefore, there is a need to regulate the siting, design, and construction of wireless

communication facilities to insure that the appearance and integrity of the community is not marred by the cluttering of unsightly facilities.

2.

General Order 159A of the Public Utilities Commission (PUC) of the State of California acknowledges that local citizens and local government are often in a better position than the Commission to measure local impact and to identify alternative sites. Accordingly, the Commission will generally defer to local governments to regulate the location and design of cell sites, wireless communication facilities and MTSOs (mobile telephone switching office) including (a) the issuance of land use approvals; (b) acting as Lead Agency for purposes of satisfying the California Environmental Quality Act (CEQA) and, (c) the satisfaction of noticing procedures for both land use and CEQA procedures.

3.

While the licensing of wireless communication facilities is under the control of the Federal Communication Commission (FCC) and Public Utilities Commission (PUC) of the State of California, local government must address public health, safety, welfare, zoning, and environmental concerns where not preempted by federal statute or regulation.

4.

In order to protect the public health, safety and the environment, it is in the public interest for local government to establish rules and regulations addressing certain land use aspects relating to the construction, design, and siting of wireless communication facilities and the compatibility with surrounding land uses.

F.

Definitions:

1.

"ALUC" - Airport Land Use Commission of Monterey County.

2.

"Antennas" - Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure.

3.

"Antenna - Structure-Mounted" - Any antenna, ten (10) feet or less tall and six inches or less in diameter, attached to a structure not exceeding the height limit for the zoning district.

4.

"Antenna - Ground-Mounted" - Any antenna with its base placed directly on the ground or a mast less than ten (10) feet tall and six inches in diameter and not exceeding the height limit for the zoning district.

5.

"Cellular Service" - A wireless communications service that permits customers to use mobile telephones to connect, via low-power radio transmitter sites, either to the public-switched network or to other mobile cellular phones.

6.

"CEQA" - California Environmental Quality Act.

7.

"Co-located Facility" - A communication facility comprised of a single tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.

8.

"Equipment Building, Shelter or Cabinet" - A cabinet or building used to house equipment used by wireless communication providers to house equipment at a facility.

"FAA" - Federal Aviation Administration.

"FCC" - Federal Communications Commission.

"MTSOs" - Mobile Telephone Switching Offices.

"Monopole" - A structure erected on the ground to support wireless communication antennas and connecting appurtenances.

13.

"PCS" - Personal Communications Services - Digital wireless communications technology such as portable phones, pagers, faxes and computers. Also known as Personal Communications Network (PCN).

14.

"PUC" - California Public Utilities Commission.

15.

"Satellite Dish" - Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia-shaped and is used to transmit and/or receive electromagnetic signals.

"Telecommunication Facility" - A facility that transmits and/or receives electromagnetic signals including but not limited to antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development.

17.

"Telecommunication Tower" - A mast, pole, monopole, guyed tower, lattice tower, free-standing tower, or other structure designed and primarily used to support antennas.

18.

"Wireless Communication Facility" - An unstaffed facility for the transmission and reception of low-power radio signals. Wireless communication facilities include cellular radiotelephone service facilities; personal communications service facilities; specialized mobile radio service facilities and commercial paging service facilities. Components of these types of facilities can consist of the following: antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development.

19.

"Wireless Communication Facility—Commercial" - A wireless communications facility that is operated primarily for a business purpose or purposes.

20.

"Wireless Communication Facility—Non-commercial" - A wireless communication facility that is operated solely for a non-business purpose.

G.

Registration requirement:

1.

All wireless communications carriers and providers that offer or provide any wireless communication services for a fee directly to the public, within the unincorporated areas of the County of Monterey, shall register with the County pursuant to this chapter on forms to be provided by the Director of Planning and Building Inspection and which shall include the following:

a.

The identity and legal status of the registrant, including any affiliates.

b.

The name, address, and telephone number of the officer, agent, or employee responsible for the accuracy of the registration statement.

c.

A narrative and map description of registrant's existing or proposed facilities within the unincorporated areas of the County of Monterey.

d.

A description of the wireless communication services that the registrant intends to offer to provide, or is currently offering or providing, to persons, firms, businesses or institutions within the unincorporated areas of the County of Monterey.

e.

Information sufficient to determine that the applicant has applied for and received any certificate of authority required by the California Public Utilities Commission to provide wireless communications services or facilities within the unincorporated areas of the County of Monterey.

f.

Information sufficient to determine that the applicant has applied for and received any building permit, operating license or other approvals required by the Federal Telecommunications Commission (FCC) to provide services or facilities within the unincorporated areas of the County of Monterey.

g.

Such other information as the Director of Planning and Building Inspection may reasonably require.

2.

The purpose of the registration under this section is to:

a.

Provide the County with accurate and current information concerning the wireless communications carriers and providers who offer or provide communications services within the unincorporated areas of the County of Monterey, or that own or operate facilities within the unincorporated areas of the County of Monterey;

b.

Assist the County in the enforcement of this chapter;

c.

Assist the County in monitoring compliance with local, State and Federal laws.

3.

Amendment. Each registrant shall inform the County, within sixty (60) days of any change of the information required pursuant to this Section.

4.

The provider shall consult with the Director of Planning and Building Inspection on site selection, prior to securing any sites that the provider does not already own or lease at the time of initial registration.

H.

General Development Standards.

1.

Site Location. The following criteria shall govern appropriate locations for wireless communication facilities and may require an alternative site other than the site shown on an initial permit application for a wireless facility:

a.

Site location and development of wireless communications facilities shall preserve the visual character and aesthetic values of the specific parcel and surrounding land uses and shall not significantly impact public views to the ocean. Facilities shall be integrated to the maximum extent feasible to the existing characteristics of the site.

b.

Co-location is encouraged when it will decrease visual impact and discouraged in cases when it will increase visual impact.

c.

Wireless communications facilities, to every extent possible, should not be sited to create visual clutter or negatively affect specific views.

d.

In designated visually sensitive areas, designated scenic corridors or areas of high visibility, wireless communication facilities shall be sited according to Sections 20.144.030; 20.145.030; 20.146.030; or 20.147.070. Furthermore, they should always be sited below the ridgeline where possible and be designed to minimize their visual impact.

e.

Wireless communications facilities shall be screened from any designated scenic corridors or public viewing areas to the maximum extent feasible.

i.

Disturbance of existing topography and on-site vegetation shall be minimized, unless such disturbance would substantially reduce the visual impacts of the facility.

ii.

Any exterior lighting, except as required for FAA regulations for airport safety, or as recommended by the ALUC, shall be manually operated and used only during night maintenance checks or in emergencies. The lighting shall be constructed or located so that only the intended area is illuminated and off-site glare is fully controlled.

iii.

No wireless communication facility shall be installed within the safety zone or runway protection zone of any airport within Monterey County or any helipad unless the airport owner/operator indicates that it will not adversely affect the operation of the airport or helipad.

iv.

No wireless communication facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless the applicant has demonstrated to the Director of Planning and Building Inspection, that the proposed location is the most feasible location for the provision of services as required by the FCC.

v.

Wireless communication facilities shall be subject to the Big Sur Coast Land Use Plan viewshed policies.

vi.

No wireless communication facility shall be located in an environmentally sensitive habitat unless found consistent with Sections 20.144.040; 20.145.040; 20.146.040; or 20.147.040.

vii.

Any wireless communication facility between the first through public road and the sea shall be consistent with the access and recreation policies of the LCP and Chapter 3 of the Coastal Act. No portion of a wireless facility shall extend onto or impede access to a public beach.

2.

Site Location: Satellite Dish and MMDS Antenna. The antenna shall comply with the following requirements only to the extent such requirements are necessary to find the development consistent with the visual, public view protection, hazard and access policies of the certified LUP.

a.

The antenna complies with all applicable development standards of the base district in which it is located.

b.

The antenna and associated equipment blends into the surrounding environment, or provides adequate concealment through architecturally integrated elements.

c.

Where screening potential is low, innovative designs have been incorporated to reduce the visual impact.

d.

The applicant has demonstrated good faith to collocate on existing facilities or sites.

e.

The antenna does not significantly impact public views to the ocean.

3.

Design Review Criteria.

a.

Towers and monopoles shall be constructed of non-flammable material, unless specifically approved and conditioned by the County to be otherwise.

b.

Support facilities (i.e. vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed of non-flammable, non-reflective materials and shall be placed in underground vaults, unless otherwise approved by the County.

c.

All support facilities, poles, towers, antenna supports, antennas, and other components of communication facilities shall be of a color approved by the appropriate authority. If a facility is conditioned to require paint, it shall initially be painted with a flat paint color approved by the appropriate authority, and thereafter repainted as necessary with a flat paint color. Components of a telecommunication facility which will be viewed against soils, trees, or grasslands shall be of a color matching these landscapes.

d.

Special design of wireless communication facilities may be required to mitigate potentially significant adverse visual impacts.

4.

Requirements for Application Submittal. Applications for the use of wireless communication facilities shall be subject to the Planning and Building Inspection Department "Requirements for Application Submittal for the Development of Wireless Communication Facilities."

I.

Appropriate Authority: The Planning Commission, the Zoning Administrator or the Director of Planning and Building Inspection shall be the Appropriate Authority to hear and decide all applications for Wireless Communication Facilities based on the following:

Planning Commission - The Planning Commission shall be the Appropriate Authority for applications for the installation of new, wireless communications facilities proposed in visually sensitive areas, critical viewsheds, scenic corridors and historic resource zoning districts.

Zoning Administrator - The Zoning Administrator shall be the Appropriate Authority for applications for the installation of new wireless communications facilities proposed on existing buildings or structures and which exceed the height limit for the zoning district, co-located facilities, and facilities that have no significant adverse visual impact from any common public viewing area.

Director of Planning and Building Inspection - The Director of Planning and Building Inspection shall be the Appropriate Authority for additions/amendments to existing, approved wireless communications facilities. The Director of Planning and Building Inspection may refer a proposed project to the Zoning Administrator if the project is determined to be more than minor in nature or if a coastal permit or a non-minor or nontrivial coastal permit amendment is required and not preempted by Federal law, based on Sections 20.06.310, 20.70.120, 20.70.105, and/or 20.76.115 or conditions of previously-issued coastal permits."

Applications for wireless communication facilities that have the following characteristics shall be referred to the Monterey County Airport Land Use Commission for a report and recommendation prior to consideration by the appropriate authority:

a.

Any structure penetrating a FAR Part 77 Imaginary Surface;

b.

Any structure within five miles of an airport that exceeds thirty-five (35) feet in height;

c.

All structures over one hundred (100) feet anywhere in the County if the application requires a Use Permit or Variance for a height exception;

d.

Any structure that has the potential to present a hazard to aircraft in flight as determined by the Director of Planning and Building Inspection.

Applications shall also be referred to the local land use advisory committee, as appropriate.

The Director of Planning and Building Inspection, the Zoning Administrator or Planning Commission may impose such conditions deemed necessary to protect public health, safety, welfare, and the environment.

J.

Action by the Appropriate Authority. In order to grant any Coastal Administrative Permit or Coastal Development Permit, the Appropriate Authority shall make the following findings:

1.

That the development of the proposed wireless communications facility will not significantly affect any designated public viewing area, scenic corridor or any identified environmentally sensitive area or resources as defined in the Monterey County General Plan and the Area Plan.

2.

That the site is adequate for the development of the proposed wireless communications facility and that the applicant has demonstrated that there are not alternative sites for the proposed facility.

3.

That the proposed wireless communication facility complies with all of the applicable requirements of Section 20.64.310 of this Title.

4.

That the subject property upon which the wireless communications facility is to be built is in compliance with all rules and regulations pertaining to zoning uses, subdivisions and any other applicable provisions of this Title and that all zoning violation abatement costs, if any have been paid.

5.

That the proposed telecommunications facility will not create a hazard for aircraft in flight.

6.

Any decision to deny a permit for a personal wireless service facility shall be in writing and shall be supported by substantial evidence and shall specifically identify the reasons for the decision, the evidence that led to the decision and the written record of all evidence.

K.

Site Restoration Upon Termination/Abandonment of Facility.

1.

The site shall be restored to its natural state within six months of termination of use or abandonment of the site.

2.

Applicant shall enter into a site restoration agreement subject to the approval of the Director of Planning and Building Inspection and County Counsel.

3.

As part of the agreement, the applicant shall commit to the following: where future technological advances would allow for reduced visual impacts resulting from the proposed wireless communication facility, the applicant shall agree to make those modifications that would reduce the visual impact of the proposed facility.

L.

Indemnification. Each permit issued pursuant to this section shall have as a condition of the permit, a requirement that the applicant indemnify and hold harmless the county and its officers, agents, and employees from actions or claims of any description brought on account of any injury or damages sustained, by any person or property resulting from the issuance of the permit and the conduct of the activities authorized under said permit.

M.

Severability. If any section, subsection, sentence, clause or phrase of this section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this section. The Board of Supervisors hereby declares that it would have passed this section and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid.

20.64.330 - Regulations for homeless shelters.

A.

Purpose: The purpose of this section is to provide development standards for Homeless Shelters in the unincorporated coastal areas of Monterey County.

B.

Applicability. The provisions of this section are applicable in the High Density Residential Zoning District.

C.

Regulations. A Homeless Shelter is a principal use allowed, subject to a Coastal Administrative Permit, in the High Density Residential Zoning District, subject to the following standards in each case:

1.

Location: Homeless Shelters shall be permitted only where adequate water supply and sewage disposal facilities exist as determined by the Director of Environmental Health, and Homeless Shelters shall be located no further than two thousand five hundred (2,500) feet from a public transit stop.

2.

Size Limits. The maximum number of clients permitted to be served (eating, showering or sleeping) nightly shall not exceed the total number of beds provided within the facility or one person per one hundred twenty-five (125) square feet of floor area, whichever is less.

Management. At a minimum, one on-site manager and one supporting staff member shall be provided in each sleeping area that is in use. Managers and supporting staff shall not be counted for the purpose of calculating the size limits pursuant to this section.

4.

Operations Plan. The operator of the Homeless Shelter shall submit an operations plan to the Director of Planning for review and approval prior to the issuance of any construction permits. The Operations Plan shall contain, at a minimum, the following elements:

a.

Security Plan. The security plan shall include provisions for onsite security including lighting, security cameras, and other measures appropriate to provide for adequate health and safety of clients and management and to aid in avoiding the potential for nuisances near the site. The operator shall also demonstrate that emergency service providers including the Sheriff's Office, the local Fire Department and the appropriate Ambulance operators have been adequately notified and will provide services to the shelter.

b.

Neighborhood Relations Plan. The Plan shall include provisions for addressing potential neighborhood concerns, including regular meetings with abutting neighbors and contact information in case of emergency.

5.

Proximity to other homeless shelters. No homeless shelter shall be within a three hundred (300) foot radius from another homeless shelter.

6.

Length of stay. Individual occupancy is limited to six or fewer consecutive months and shall not exceed three hundred (300) days within a twelve (12) month period.

7.

Segregated Sleeping Areas. Segregated lavatory and bathing areas shall be provided if the Homeless Shelter accommodates both men and women in the same building. Segregated sleeping, lavatory and bathing areas for families may also be provided.

8.

Onsite waiting and intake areas. A minimum of five percent of the total square footage of a homeless shelter shall be designated for indoor on-site waiting and client intake areas. In addition, an exterior waiting area shall be provided, the minimum size of which is equal to or larger than the minimum interior waiting and intake area.

9.

Off-street parking shall be provided, in accordance with Section 20.58.040.

Chapter 20.65 - DENSITY BONUS AND INCENTIVES

The purpose of this chapter is to implement California Government Code Sections 65915 through 65918. These regulations are intended to work in conjunction with the requirements of the Inclusionary Housing Ordinance (Chapter 18.40 of the Monterey County Code) and shall not be interpreted to alter or in any way diminish the requirements of the Inclusionary Housing Ordinance.

The provisions of this chapter are applicable in all residential zoning districts (HDR, MDR, LDR, and RDR).

The following definitions shall apply for purposes of this chapter:

A.

"Affordable Rent" means a monthly amount which, together with utility allowance, does not exceed the following:

1.

For very low income Qualifying Units, one-twelfth of thirty (30) percent of the maximum income for a very low income household, adjusted by household size.

2.

For low income Qualifying units, one-twelfth of thirty (30) percent of sixty (60) percent of median income, adjusted for household size.

3.

For moderate income Qualifying Units, one-twelfth of thirty (30) percent of one hundred ten (110) percent of median income, adjusted for household size.

B.

"Affordable Sales Price" means a sales price at which Moderate, Low or Very Low Income Households can qualify for the purchase of Qualifying Units, calculated on the basis of the same underwriting criteria utilized by the County for the County's Inclusionary Housing Ordinance.

C.

"Base Units" means the number of units that would be allowed under the Land Use/General Plan land use designation and zoning ordinance for the subject site before calculation of the Density Bonus.

D.

"Child Care Facility" means a facility, other than a day care home, licensed by the State of California to provide non-medical care to children under eighteen (18) years of age in need of personal services, supervision or assistance on less than a 24-hour basis.

E.

"Density Bonus" means an increase in density over the otherwise maximum allowable residential density under the applicable Zoning Ordinance and Land Use/General Plan Land Use designation taking into account all applicable limitations.

F.

"Density Bonus Housing Agreement" means a legally binding agreement between the County and an applicant, governing how the applicant shall comply with this chapter.

G.

"Household" means one or more individuals who occupy one dwelling unit.

H.

"Housing Development" means a project providing residential units including, without limitation, a subdivision, a planned unit development, multifamily dwellings, or condominium project. Housing developments consist of development of residential units or creation of unimproved residential lots and also include either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, where the result of the rehabilitation would be a net increase in available residential units.

I.

"Incentive" means enticements for providing affordable housing proposed by the developer or the County that result in identifiable, financially sufficient, and actual cost reductions for a qualified Housing Development.

J.

"Inclusionary Unit" means a dwelling unit which is restricted for affordability pursuant to the County's Inclusionary Housing Ordinance.

K.

"Low Income Household" or "Lower Income Household" means a household, with an annual income which does not exceed the United States Department of Housing and Urban Development annual determination for Low Income Households with incomes of up to eighty (80) percent of the Median Income, adjusted for household size.

L.

"Low Income Unit" or "Lower Income Unit" means a qualifying unit or Inclusionary Unit reserved for occupancy by Low Income Households at an affordable rent or sales price.

M.

"Maximum allowable residential density" means the density allowed under the Land Use/General Plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project. Maximum allowable residential density takes into account limitations to density pursuant to Land Use/General Plan policies and Zoning Ordinance regulations.

N.

"Median Income" means the median income as determined periodically by the United States Department of Housing and Urban Development for the Salinas Metropolitan Statistical Area and updated on an annual basis.

O.

"Moderate Income Household" means a household, with an annual income which does not exceed the United States Department of Housing and Urban Development annual determination for moderate income households with incomes of one hundred twenty (120) percent of the Median Income, adjusted for household size.

P.

"Moderate Income Unit" means a Qualifying Unit or Inclusionary Unit reserved for occupancy by moderate income households at an affordable rent or sales price.

Q.

"Qualifying Units" means a dwelling or dwellings designated for occupancy by very low, low, or moderate income households, within a housing development, which make the housing development eligible for a Density Bonus.

R.

"Senior Citizen Housing Development" means a housing project where residency is restricted to persons sixty-two (62) years of age or older, or fifty-five (55) years of age or older and that is designed to meet the physical and social needs of senior citizens. A housing development shall be presumed to meet those needs when it does the following:

1.

Entryways, walkways, and hallways in the common areas of the development, and doorways and paths of access to and within the housing units, shall be as wide as required by current laws applicable to new multifamily housing construction for provision of access to persons using a standard-width wheelchair.

2.

Walkways and hallways in the common areas of the development shall be equipped with standard height railings or grab bars to assist persons who have difficulty with walking.

Walkways and hallways in the common areas shall have lighting conditions which are of sufficient brightness to assist persons who have difficulty seeing.

4.

Access to all common areas and housing units within the development shall be provided without use of stairs, either by means of an elevator or sloped walking ramps.

5.

The development shall be designed to encourage social contact by providing at least one common room and at least some common open space.

6.

Refuse collection shall be provided in a manner that requires a minimum of physical exertion by residents; and

7.

The development complies with all the applicable requirements for accessibility.

S.

"Very Low Income Household" means a household with an annual income which does not exceed the

United States Department of Housing and Urban Development annual determination for Very Low Income Households earning fifty (50) percent of the Median Income, adjusted for household size.

T.

"Very Low Income Unit" means a Qualifying Unit or Inclusionary Unit reserved for occupancy by Very Low Income Households at an affordable rent or sales price.

An applicant who is seeking a Density Bonus for a Housing Development shall submit to the Planning Department the following information:

A.

A site plan that identifies all units in the project including the location of all Base Units, Qualifying Units and Inclusionary Units.

B.

A narrative briefly describing:

1.

The project;

2.

The number of Base Units permitted under the Land Use/General Plan and zoning;

3.

The number of Qualifying Units based on Density Bonus criteria of this chapter;

4.

The total number of units proposed in the project (Base Units plus Density Bonus Units);

5.

A breakdown of units proposed for very low, low, and moderate income, senior citizen, and/or market rate units;

6.

Any requested Incentive(s) including an explanation as to why the Incentive(s) is required for the housing development; and

7.

A description of how the proposal complies with the requirements of the Inclusionary Housing Ordinance (Chapter 18.40).

C.

Information demonstrating that appropriate and sufficient infrastructure capacity (e.g., water, sewer, roadway) and water supply are available to serve the project at the density proposed.

D.

If rental dwelling units are located on the site, or have been located at the site within the five-year period preceding the application for a Housing Development, the application shall contain the following information:

1.

The maximum number of units that exist or existed within the preceding five years on the site;

2.

The number of units that are or were subject to any recorded covenant, ordinance, law, or other form of rent or price control that restricts rents to levels affordable to persons and families of lower or very low income; and

3.

If the units were not subject to an affordability restriction on rents, the rental rates of each unit in the fiveyear period preceding the application.

E.

At the option of the applicant, a written request to meet with the County to discuss applicant's Density Bonus and Incentives request including any request for a waiver or reduction of development standards.

F.

Any such additional information as may be requested by the Director of Planning or the Director of the Redevelopment and Housing Office to evaluate the request for a Density Bonus or Incentive(s). This additional information may include but is not limited to financial studies.

A.

Except as provided in subsections B and C of this Section, an application for a Housing Development containing five or more residential units shall qualify for a Density Bonus and at least one other Incentive as provided by this chapter if the applicant does one or more of the following:

1.

Agrees to construct and maintain at least five percent of the Base Units for Very Low Income households;

2.

Agrees to construct and maintain at least ten (10) percent of the Base Units for Low Income households;

3.

Agrees to construct and maintain at least ten (10) percent of the Base Units in a condominium project or Planned Development project dedicated to Moderate Income households, provided that all units in the development are offered to the public for purchase;

4.

Agrees to construct and maintain a Senior Citizen Housing Development;

5.

Donates land to the County for the construction of Very Low Income units pursuant to the provisions of this chapter; or

6.

Includes a qualifying Child Care Facility in addition to providing housing described in subsections A, B, or C of this section.

B.

If an application for a Housing Development is located on a parcel or parcels that contains, or within the five years preceding the application contained, rental dwelling units that have been occupied by Low or Very Low Income Households, or were subject to a recorded covenant, ordinance, or law or other form of rent or price control that restricts rents to Low or Very Low Income Households, then the application shall be ineligible for a Density Bonus or any other Incentives provided by this chapter unless the proposed Housing Development replaces those units pursuant to California Government Code Section 65915(c)(3), as may be periodically amended.

C.

For applicants who qualify for and seek a Density Bonus pursuant to Section 20.65.050.A, the County may not reduce residential densities below the density sought by the applicant if the density is within the permitted density or range of density provided in this chapter, unless the Appropriate Authority makes a finding, based on substantial evidence, that the density sought by the applicant cannot feasibly be accommodated on the site in a manner that is in conformity with the County's certified Local Coastal Program.

A.

The granting of a Density Bonus or the granting of a Density Bonus together with an Incentive(s) shall not be interpreted, in and of itself, to require a Land Use Plan/General Plan amendment, specific plan amendment, rezone, or other discretionary approval.

B.

An applicant must choose a Density Bonus from only one applicable affordability category of this chapter and may not combine categories, with the exception of a Child Care Facility or land donation. The Child Care Facility or land donation may be combined with an affordable housing development for an additional Density Bonus up to a combined maximum of thirty-five (35) percent.

C.

The calculation of Qualifying Units shall be based on the number of Base Units. In no event shall a Density Bonus exceed thirty-five (35) percent of Base Units. A Housing Development that satisfies all applicable provisions of this chapter shall be allowed the following applicable Density Bonuses:

1.

The Density Bonus for Very Low Income Units shall be calculated as follows.

2.

The Density Bonus for Low Income Units shall be calculated as follows:

3.

The Density Bonus for Moderate Income Units shall be calculated as follows:

4.

Senior Citizen Housing Development qualify for a twenty (20) percent Density Bonus.

5.

Except as provided in Subsection 6 of Subsection C of this Section, an applicant for an apartment conversion to a condominium project that provides at least thirty-three (33) percent of the total units of the proposed condominium project to persons and families of Low or Moderate Income, or fifteen (15) percent of the total units of the project to Lower Income households, and agrees to pay for the reasonable necessary administrative costs incurred by the County, qualifies for a twenty-five (25) percent Density Bonus or other Incentives of equivalent financial value.

6.

An application to convert apartments to a condominium project shall be ineligible for a Density Bonus or other Incentives if either of the following apply:

a.

The apartments proposed for conversion constitute a Housing Development for which a Density Bonus or other Incentives were provided under the other provisions of this Section; or

b.

The proposed condominium project is located on a parcel or parcels that contain, or within the five years preceding the application contained, rental dwelling units that have been occupied by Low or Very Low Income Households, or were subject to a recorded covenant, ordinance, or law or other form of rent or price control that restricts rents to Low or Very Low Income Households, unless the proposed condominium project replaces those units pursuant to California Government Code Section 65915.5(g), as may be periodically amended.

A.

A Housing Development qualifying for a Density Bonus is entitled to at least one Incentive in addition to the Density Bonus. Incentives are available for qualifying Housing Developments as follows:

1.

One Incentive for a Senior Citizen Housing Development or for a Housing Development that restricts at least:

a.

Five percent of Base Units for Very Low Income Households;

b.

Ten (10) percent of Base Units for Low Income Households; or

c.

Ten (10) percent of Base Units for Moderate Income Households within a Condominium project or a Planned Unit Development.

2.

Two Incentives for a Housing Development that restricts at least:

a.

Ten (10) percent of the Base Units for Very Low Income Households;

b.

Twenty (20) percent of the Base Units for Low Income Households; or

c.

Twenty (20) percent of the Base Units for Moderate Income Households within a Condominium project or a Planned Unit Development.

3.

Three Incentives for a Housing Development that restricts at least:

a.

Fifteen (15) percent of Base Units for Very Low Income Households;

b.

Thirty (30) percent of Base Units for Low Income Households; or

c.

Thirty (30) percent of Base Units for Moderate Income Households within a Condominium project or a Planned Unit Development.

B.

The Appropriate Authority for the Housing Development shall grant the Incentive unless the Appropriate Authority makes a written finding, based upon substantial evidence, of any of the following:

1.

That the Incentive is not necessary in order to provide for affordable housing costs; or

2.

That the Incentive would result in specific adverse impacts upon the public health, safety, or the physical environment for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to Very Low, Low, and Moderate Income Households.

3.

That the Incentive would be contrary to the County's certified Land Use Plan (including but not limited to sensitive habitat, agriculture, public viewshed, public services, public recreational access and open space protections) or State or Federal law.

C.

Where a Housing Development qualifies for Incentives pursuant to this chapter the applicant may request any of the following Incentives:

1.

A reduction in site development standards such as:

a.

Reduced minimum lot sizes and/or dimensions;

b.

Reduced minimum setbacks;

c.

Increased Lot Coverage;

d.

Increased Maximum building heights; or

e.

Reduced on-site parking requirements.

2.

Approval of a mixed use zoning in conjunction with the Housing Development if commercial, office, or other land uses will reduce the cost of the housing development and if the commercial, office or other land uses are compatible with the Housing Development and the existing or planned development in the area where the proposed Housing Development will be located; or

3.

Other regulatory Incentives proposed by the developer or the County, which result in identifiable, financially sufficient and actual cost reductions.

4.

In addition to the requested Incentives above, and not counting toward the eligible number of Incentives, any applicant qualifying for a Density Bonus may request, inclusive of handicapped and guest parking, the following parking ratios:

a.

Zero to one bedrooms: One onsite parking space.

b.

Two to three bedrooms: Two onsite parking spaces.

c.

Four or more bedrooms: Two and one-half parking spaces.

If the total number of parking spaces for the development is other than a whole number, the number shall be rounded up to the next whole number.

A.

When an applicant proposes a Housing Development that is eligible for a Density Bonus under this chapter and includes a Child Care Facility on the premises or adjacent to the Housing Development, the applicant shall receive an additional Density Bonus that is in an amount of square feet of residential space that is equal to the square footage of the child care facility; or the applicant may receive another incentive that contributes significantly to the economic feasibility of the construction of the Child Care Facility, provided that, in both cases, the following conditions are incorporated in the conditions of approval for the Housing Development:

1.

The Child Care Facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to the terms of the Density Bonus Housing Agreement required by Section 20.65.120 of this chapter.

2.

Attendance of children at the Child Care Facility shall have an equal percentage or greater of children from Very Low, Low, and Moderate Income Households than the percentage of affordable units in the Housing Development.

B.

The County may deny the request for a Density Bonus or Incentive for a Child Care Facility if the County finds, based upon substantial evidence, that the community has adequate Child Care Facilities without the facilities being considered as part of the subject Housing Development.

A.

When an applicant for a tentative subdivision map, parcel map or other residential development donates land to the County, the applicant shall be entitled to a Density Bonus above the Maximum Allowable Residential Density, up to a maximum of thirty-five (35) percent depending on the amount of land donated. This increase shall be in addition to any increase in density permitted by this chapter up to a maximum combined density increase of thirty-five (35) percent. A Density Bonus for donation of land shall only be considered if all of the following conditions are met:

1.

The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

2.

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to Very Low Income households in the amount not less than ten (10) percent of the residential units in the proposed development.

3.

The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate Land Use Plan/General Plan designation, is appropriately zoned for development as affordable housing, and is, or will be, served by adequate public facilities and infrastructure. The transferred land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the Very Low Income Units on the transferred land, except that the County may subject the proposed development to subsequent design review if the design is not reviewed by the County prior to the time of transfer.

4.

The transferred land and the units constructed on said land shall be subject to a deed restriction ensuring continued affordability of the units for a period of at least fifty-five (55) years and subject to restrictions consistent with California Government Code Section 65915(c)(l) and (2), as may be periodically amended.

5.

The land is transferred to the County or to a housing developer approved by the County.

6.

The transferred land shall be within the boundary of the proposed development or, if the County determines appropriate, within one-quarter mile of the boundary of the proposed development.

A.

An applicant may request a meeting with the Planning Department and the Economic Development Department prior to the submittal of a development application to discuss incentive requests.

B.

The Appropriate Authority to consider the Density Bonus is the Appropriate Authority for the qualifying Housing Development of which the Density Bonus is a component.

20.65.110 - Density bonus and inclusionary housing ordinance.

A.

All residential development shall comply with the Inclusionary Housing Ordinance contained in Chapter 18.40 of the Monterey County Code, and nothing in this chapter relieves an applicant from complying with the Inclusionary Housing Ordinance. The County's granting of a Density Bonus by itself does not satisfy the applicant's responsibility to comply with the Inclusionary Housing Ordinance.

B.

The total number of Inclusionary Units is calculated based upon the total number of units within the Housing Development (Base Units plus Density Bonus). The number of Qualifying Units used to determine eligibility for Density Bonus is based upon the number of Base Units.

A.

Qualifying units may be used to satisfy the Inclusionary Housing requirements of Chapter 18.40 of the Monterey County Code. If Qualifying Units are applied to the Inclusionary Housing requirements, those units will be subject to the affordability provisions of the Inclusionary Housing Ordinance. The applicant will

be required to enter into an Inclusionary Housing Developer Agreement governing these units pursuant to the County's Inclusionary Housing Ordinance.

B.

All Qualifying Units not included within the Inclusionary Housing Developer Agreement shall be subject to the following provisions:

1.

Duration of Affordability. The applicant shall agree to, and the County shall ensure, the continued availability of the Qualifying Units and other Incentives for a period of at least fifty-five (55) years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

2.

Unit Affordability Requirements.

a.

Rental Units. Rents for the Lower income and Moderate income Qualifying Units shall be set at an Affordable Rent as defined in Section 20.65.030.

b.

Owner-occupied Units. Owner-occupied Qualifying Units shall be available at an Affordable Housing Sales Price as defined in Section 20.65.030.

3.

Occupancy and Resale of Very Low, Low, and Moderate Income for sale units.

a.

An applicant shall agree to, and the County shall ensure, that the occupant of Very Low, Low, or Moderate Income units are persons and families of the appropriate income and that the units are offered at an affordable housing cost.

b.

The County shall enforce an equity sharing agreement as specified in California Government Code Section 65915(c)(2), as may be periodically amended.

4.

Location and Type of Qualifying Units.

a.

Location/Dispersal of Units. Qualifying units shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to the market rate units within the Housing Development. The Qualifying Units shall be considered as part of the Housing Development for which the Density Bonus is being considered. To the greatest extent feasible, the Qualifying Units shall be located throughout the Housing Development that also includes market rate units. Qualifying Units may be clustered or located offsite subject to the approval of the Appropriate Authority, if such clustering or off-site location furthers affordable housing opportunities.

b.

Phasing. If a project is to be phased, the Qualifying Units shall be phased in the same proportion as the market rate units or phased in another sequence acceptable to the County. The Qualifying Units shall be constructed concurrently with or prior to construction of the market rate units.

c.

Exterior Appearance. The exterior appearance and quality of the Qualifying Units shall generally be similar to the market rate units, with exterior materials and improvements similar to and architecturally compatible with the market rate units in the development.

5.

The Applicant will be required to enter into and record a Density Bonus Housing Agreement with the County, either as a separate agreement or combined with the Inclusionary Housing Developer Agreement, containing and implementing these requirements.