Chapter 20.68 — LEGAL NONCONFORMING LAND USES

Any use of land, structure or land and structure which was legally established but is nonconforming to subsequently adopted land use regulations is a legal nonconforming use.

A legal nonconforming land use may be continued from the time that legal nonconforming land use is established, except that:

A.

No such use shall be expanded, enlarged, increased, or extended to occupy a greater area than that occupied when the legal nonconforming use was established.

B.

No such use may be intensified over the level of use that existed at the time the legal nonconforming use was established.

C.

The legal nonconforming use may be changed to a use of a similar or more restricted nature, subject to a Coastal Development Permit in each case.

A legal nonconforming use of a structure may be continued except that:

A.

The nonconforming use of a structure may be changed to a use of the same or more restricted nature subject to the issuance of a Coastal Development Permit in each case.

B.

The nonconforming use of a portion of a structure may be extended throughout the structure subject to the issuance of a Coastal Development Permit in each case.

C.

A structure maintaining a legal residential nonconforming use may be increased for the expansion of the use by one hundred twenty (120) square feet, or ten (10) percent of the floor area, whichever is greater.

20.68.040 - Legal nonconforming structure locations and height.

A.

The enlargement, extension, reconstruction or structural alteration of a nonconforming structure, nonconforming only as to height and yard regulations, may be permitted if the enlargement, extension, reconstruction or structural alteration conforms to all the regulations of the district in which they are located.

B.

Ordinary maintenance and repairs, including structural repairs and foundations, may be made to any structure which is nonconforming as to height or setbacks or to a structure used for a legal nonconforming use, provided:

1.

No structural alterations are made; and

2.

Provided such work does not exceed fifty (50) percent of the appraised value of the structure in any oneyear period.

Additional maintenance and repair may be allowed subject to a Coastal Development Permit in each case.

C.

No legal nonconforming structure or sign shall be moved in whole or in part to any other location unless every portion of such structure or sign which is moved is made to conform to all the regulations of the district in which it is located.

If at any time any structure in existence at the time any provision of this Title becomes applicable to it, which does not conform to this Title, be damaged or destroyed by fire, explosion, act of God, or act of public enemy, the land and structure shall be subject to all the regulations specified by this Title for the district in which said land and structure are located, except that such structure may be rebuilt to a total floor area and volume not exceeding that of the structure destroyed and the use may continue as herein provided for nonconforming uses, if a Coastal Development Permit is first secured.

Replacement structures meeting the following criteria shall not require a Coastal Development Permit:

1.

They conform to all of the applicable zoning requirements; and

2.

They are proposed for the same use as the destroyed structure; and

3.

They do not exceed the floor area, height, or bulk of the destroyed structure by more than ten (10) percent; and

4.

They are sited in substantially the same location on the affected property as the destroyed structure.

Means divisions of property into parcels when said parcels were shown on the 1964-65 county tax roll under separate ownership, or a division of property into four or less parcels shown on a record of survey recorded prior to March 2, 1964, or record of survey of four or less parcels, each of which is over two and one-half acres, recorded prior to March 7, 1972, or parcels of two and one-half acres or over when said parcels were shown under separate ownership prior to March 7, 1972, when shown on a deed or deeds recorded on or before March 7, 1972, when said parcels comply with applicable zoning ordinances in effect at the time of division, or when said parcels are lots on a recorded subdivision map approved by the Board of Supervisors of the County of Monterey.

A.

All legal nonconforming outdoor advertising signs and outdoor advertising structures shall be removed entirely on or before January 1, 1979, except those in Light Commercial, Heavy Commercial, Light Industrial and Heavy Industrial districts for which a Discretionary Permit has been obtained.

B.

All legal nonconforming outdoor advertising signs and outdoor advertising structures located on property shall be removed entirely within five years from the date said property is reclassified into some other zoning district, unless the reclassification is to light commercial, heavy commercial, light industrial or heavy industrial district and a Discretionary Permit has been obtained within such five-year period or had been previously secured.

All legal nonconforming wrecking yards and junk yards shall be enclosed by a solid board or masonry fence at least six feet in height for fire prevention and prevention of the spread of litter and debris. No junk, dismantled cars or machinery shall be stacked higher than the fence. Wrecking yards and junk yards shall comply with these special regulations, or shall be removed entirely by July 1, 1961, or secure a Coastal Development Permit.

20.68.090 - Construction or use initiated prior to adoption of regulations.

A.

Nothing contained in this Title shall be deemed to require any change in the plans, construction, or designated use of any structure upon which actual construction was lawfully begun prior to the effective date of this Title.

B.

The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed.

A.

If the actual operation of a legal nonconforming use of a structure, land, or structure and land ceases for a continuous period of twelve (12) months, the legal nonconforming use shall be deemed to be abandoned. Any and all subsequent uses of the structure and land shall conform in all respects to the provisions of this Title.

B.

Should the property owner, operator, prospective owner or operator, or any other person dispute whether or not the legal nonconforming use has in fact been abandoned, the Planning Commission shall determine said abandonment pursuant to the provisions of Chapter 20.84 of this Title.

Chapter 20.69 - OUTDOOR COMMERCIAL CANNABIS CULTIVATION PILOT PROGRAM

For the purpose of this chapter, unless the context otherwise requires, certain terms used in this chapter shall be as defined below. The definitions in Chapters 20.06 and 20.67 shall otherwise apply.

A.

"Cannabis Site" means the location or area specified in the permit issued pursuant to this chapter, that is owned, leased, or otherwise held under the control of the applicant or permittee where outdoor cultivation and outdoor cultivation ancillary uses will be conducted. The cannabis site shall be on one lot and shall only be occupied by one permittee.

B.

"Lot" shall have the same meaning as in Section 20.06.760 of this Title.

C.

"Outdoor Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis without the use of artificial lighting or light deprivation in the canopy area at any point in time.

D.

"Outdoor Cultivation Ancillary Uses" means supportive nursery, self-distribution, and self-processing activities as those terms are defined in this chapter.

E.

"Pilot Program" means the outdoor commercial cannabis cultivation pilot program established in this chapter.

F.

"Self-distribution" means the transport of cannabis grown onsite and nonmanufactured cannabis products produced onsite to another permitted and licensed cannabis business at an offsite facility.

G.

"Self-processing" means all activities associated with the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of cannabis or nonmanufactured cannabis products grown or produced onsite.

H.

"Supportive Nursery" means all activities associated with producing clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of outdoor cannabis cultivation onsite. Artificial lighting is permissible only to maintain immature plants in a supportive nursery.

The purpose of this chapter is to achieve the following:

A.

To establish a pilot program to provide uniform procedures for consideration of permits for outdoor cultivation and outdoor cultivation ancillary uses in the Big Sur Land Use Plan area;

B.

To gather data and information related to outdoor cultivation and outdoor cultivation ancillary uses to enable the County to evaluate the establishment of long-term regulations;

C.

To provide those who historically cultivated cannabis within the Big Sur Land Use Plan area an opportunity to participate in the legalized commercial cannabis industry;

D.

To reduce negative impacts to the environment; and

E.

To provide for protection of public health, safety and welfare of residents, visitors, and persons engaged in outdoor cultivation and outdoor cultivation ancillary uses under this pilot program.

A.

Notwithstanding the provisions of Chapter 20.67 of this Title, the provisions of this chapter are applicable to outdoor cultivation and outdoor cultivation ancillary uses within the Rural Density Residential (RDR) and Watershed and Scenic Conservation Zoning (WSC) districts of the Big Sur Land Use Plan area. Chapter 20.67 shall apply to all other commercial cannabis activities not covered in this chapter.

B.

The duration of the pilot program shall be five years from the effective date of the ordinance enacting this chapter.

A.

Except as provided in Section 20.67.090 of this Title, commercial cannabis activities shall not be allowed in the unincorporated coastal areas of Monterey County without first securing all permits, licenses, or other entitlements required by state law and County regulation.

B.

A Coastal Administrative Permit shall be required for all outdoor cultivation and outdoor cultivation ancillary uses provided for in this pilot program. The application for a Coastal Administrative Permit, and for amendments thereto and extensions thereof, shall be processed in accordance with Chapter 20.76 of this Title. The Chief of Planning is the Appropriate Authority to consider issuance, extension of, and amendment to such permits. Appeals from the decision of the Chief of Planning shall be governed by Chapter 20.86 of

this Title. Notwithstanding the foregoing, the procedures for suspension and revocation of a Coastal Administrative Permit granted under this pilot program shall be as set forth in sections 20.67.110 and 20.67.120 of this Title.

C.

All Coastal Administrative Permits issued pursuant to this pilot program shall expire within five years from the approval date or upon the termination of the pilot program, whichever occurs first. On or before the five year expiration of this pilot program, the County shall evaluate the pilot program to determine if the program should be terminated, extended, or modified. Permits approved pursuant to this chapter shall not survive or have continuing application beyond the expiration of the pilot program unless the program is extended or modified by the Board of Supervisors. Approval of Coastal Administrative Permits pursuant to this pilot program and commencement of allowed uses shall not establish a non-conforming use. If the pilot program is extended or modified, new land use entitlements, as may be specified in the extended or modified regulations, must be obtained.

D.

In addition to a Coastal Administrative Permit, pursuant to Chapters 7.02 and 7.90 of the Monterey County Code, a Business License and a Commercial Cannabis Business Permit shall be required for all outdoor cultivation and outdoor cultivation ancillary uses.

E.

Pursuant to California Business and Professions Code section 26000 et seq., a valid license from the State shall be required for all outdoor cultivation and outdoor cultivation ancillary uses.

F.

The owner shall post or cause to be posted on the cannabis site all required County and state permits and licenses required to operate. Such posting shall be located in a conspicuous location at or near the location

where the outdoor cultivation and outdoor cultivation ancillary uses occur, and a copy of the permits and licenses shall be kept in all vehicles that transport cannabis or nonmanufactured cannabis products.

G.

The owner and all permittees shall maintain clear and adequate records and documentation demonstrating that all cannabis or nonmanufactured cannabis products have been obtained from and are provided to other permitted and licensed cannabis operations. The County shall have the right to examine, monitor, and audit such records and documentation, which shall be made available to the County upon request.

H.

The owner and all permittees shall conduct outdoor cultivation and outdoor cultivation ancillary uses in compliance with all required County permits and state licenses, and in compliance with state law and County law. The owner and all permittees shall be responsible for the payment of all required inspection fees, permit fees, and taxes.

A.

Only qualified properties shall be eligible for permitting under this chapter.

B.

Qualified properties are required to provide evidence to the satisfaction of the Appropriate Authority that all of the following criteria are met:

1.

The cannabis site is located within the Big Sur Land Use Plan area.

2.

The cannabis site is within an area zoned Rural Density Residential (RDR) or Watershed and Scenic Conservation Zoning (WSC) as designated on the Sectional District Zoning Maps.

3.

The cannabis site is located on a lot where proof of prior cultivation is demonstrated per Subsection C of this section.

C.

Qualified properties are required to provide evidence to the satisfaction of the Appropriate Authority that they were engaged in medicinal cannabis cultivation on the lot prior to January 1, 2016. For the purposes of this Subsection, cultivation of six or fewer plants shall not be sufficient evidence of prior cultivation. Such evidence shall include at least two of the following:

Photographs of cultivation that existed on the lot prior to January 1, 2016, including aerial views from Google Earth, Big Maps, Terraserver, or a comparable service showing both the entire lot and the cultivation site in more detail. The date these images were captured shall be noted.

2.

Documentary evidence that medicinal cannabis was cultivated on the lot on behalf of a collective or cooperative dated prior to January 1, 2016.

3.

Any other form of evidence acceptable to the Appropriate Authority that cultivation occurred on the lot prior to January 1, 2016.

D.

This pilot program only applies to the specified areas of the Big Sur Land Use Plan in the coastal zone as restricted by this chapter, and in Carmel Valley Master Plan and Cachagua Area Plan as restricted by Chapter 21.69 of the Monterey County Code. The uses permitted under this pilot program are expressly prohibited in all other unincorporated areas of Monterey County.

Permits for outdoor cultivation and outdoor cultivation ancillary uses shall comply with all of the following regulations:

A.

Activities allowed pursuant to this pilot program shall be limited to outdoor cultivation and outdoor cultivation ancillary uses. Indoor and mixed-light cultivation, and any form of manufacturing, testing, and retail operations are excluded from this pilot program.

B.

Outdoor cultivation and outdoor cultivation ancillary uses shall obtain and maintain a permit required pursuant to Section 20.69.040 of this chapter prior to recommencement of activities, and shall establish and maintain all activities in accordance with all requirements, regulations, limitations, and conditions established in this chapter and as may be applied to a permit approved pursuant to this chapter.

C.

Outdoor cultivation and outdoor cultivation ancillary uses shall conform to all of the following minimum setback requirements:

1.

The lot on which a cannabis site is located shall not be within one thousand (1,000) feet of a school providing instruction in kindergarten or any grades 1 through 12, a child care center, a youth center, a playground, or a drug recovery facility that is in existence at the time of approval of a permit by the Appropriate Authority. The distance specified in this section shall be measured in a straight line from the

nearest point of the property line of the lot that contains the outdoor cultivation and outdoor cultivation ancillary uses, to the nearest point of the property line of the enumerated use(s).

2.

The cannabis site shall be setback a minimum of fifty (50) feet from any public road.

3.

The cannabis site shall be setback a minimum of five hundred (500) feet from the nearest offsite structure. This setback does not apply to non-habitable sheds, outbuildings, and similar non-habitable accessory structures. The distance specified in this section shall be measured in a straight line from the nearest point of the cannabis site to the nearest applicable structure on adjoining properties.

4.

The cannabis site shall be setback at a minimum of one hundred fifty (150) feet from a stream, river, or watercourse.

D.

Exceptions to setbacks may also be considered by the Appropriate Authority for supportive nursery cannabis sites and for outdoor cultivation ancillary uses, provided that such uses are located entirely within an approved structure that incorporates adequate odor mitigation technologies. In no case shall the setback from a school, playground, youth center, child care center, or drug recovery facility be less than a one thousand (1,000) foot radius. This subsection does not restrict the ability of the Appropriate Authority to consider odor mitigation techniques, including but not limited to, landscape vegetation strips which may include other fragrant vegetation to mask the odors, odor neutralizing technologies, or relocation of cannabis sites as part of the consideration of a permit required pursuant to this chapter.

E.

Outdoor cultivation and outdoor cultivation ancillary uses shall be located only within a permitted cannabis site. Cannabis sites shall be located in areas where prior cultivation activities occurred on the lot, except when previously utilized areas or structures on the qualified property do not conform to one or more standards contained herein or cannot comply with other applicable local or state regulations. In such cases, reconfiguration of the cannabis sites and associated infrastructure may be permitted provided that the reconfiguration results in compliance with the terms of this pilot program and will not conflict with other applicable provisions of state and County law including the applicable provisions of the Local Coastal Program.

F.

Outdoor cultivation and outdoor cultivation ancillary uses shall be subject to applicable use of private road regulations contained in the Monterey County Code.

G.

Outdoor cultivation and outdoor cultivation ancillary uses shall not take place on federal lands or on lots where the only access is through federal land.

H.

In no case shall a building built as a single-family dwelling or multiple family dwelling be used for outdoor cultivation and outdoor cultivation ancillary uses, except that the dwelling may be used for offices related to the permitted cannabis activities, or for the purposes of providing sanitary facilities and break areas for employees employed onsite.

I.

No visual indications that outdoor cultivation and outdoor cultivation ancillary uses occur on the site shall be visible from offsite, including but not limited to cannabis plants, markers, and similar indicators of cannabis activities. In addition, no structures. fences. water or irrigation equipment, or any other structures or objects shall be visible within the critical viewshed as defined in the Big Sur Land Use Plan.

J.

The canopy of outdoor cultivation shall be limited to two and one-half percent of the total square footage of the lot, not to exceed ten thousand (10,000) square feet or less of canopy per lot.

K.

Security measures sufficient to restrict access to only those intended and to deter trespass and theft of cannabis or cannabis products shall be provided and maintained. If onsite security is utilized, such onsite security shall not use or possess firearms or other lethal weapons. Fencing is only required where other reasonable limitations to access to the cannabis site cannot be provided, and only where such fencing is in compliance with the scenic resource protection policies of the Big Sur Land Use Plan. Fencing and other structures and improvements for the purposes of providing security shall be subject to the applicable permit(s), including siting and design criteria for the site.

L.

Pesticides and fertilizers shall be properly labeled, stored, and applied to avoid and prevent contamination through erosion, leakage, or inadvertent damage from rodents, pests, or wildlife. Approved outdoor cultivation operations using pesticides shall obtain the appropriate permits, licenses, or clearances from the Monterey County Agricultural Commissioner and the Environmental Health Bureau, as applicable.

M.

Lighting inside and outside of all structures shall be unobtrusive and constructed or located so that only the area intended is illuminated, long range visibility is reduced, the lighting source is not visible from offsite, and glare is fully controlled. In addition, no lighting shall be visible within the critical viewshed as defined in the Big Sur Land Use Plan.

N.

All necessary fire prevention measures, as determined by the appropriate fire district personnel, shall be provided and maintained onsite.

O.

Adequate onsite water supply sources to meet all onsite uses shall be provided. Water use includes, but is not limited to, irrigation water, and permanent potable water for all employees. Water transported by vehicle from offsite shall not be considered an adequate water supply source.

P.

All necessary waste water facilities, as determined by the Monterey County Environmental Health Bureau, shall be provided.

Q.

The following additional plans and information shall be created, reviewed, permitted and implemented, as applicable, during operations:

1.

A water management plan including the proposed water supply, written permission to access to water if the source is a water system or surface diversion, proposed water conservation measures, and any water offset.

2.

Information regarding stormwater control and wastewater discharge. Such plans shall be sufficient to prevent erosion and other water quality impacts on or offsite.

3.

A storage and hazard response plan for all pesticides, fertilizers, and any other hazardous materials kept on site.

4.

All power source(s) for commercial cannabis activities at the site including any proposed energy offsets. Generators shall not be permitted as the permeant power source.

5.

A cannabis waste management plan including the method(s) for managing cannabis waste. Acceptable methods include onsite composting provided the composting site is clearly defined and approved as part of a permit pursuant to this pilot program, collection and processing of cannabis waste by an approved waste hauler in Monterey County, or self-haul of cannabis waste to a permitted solid waste or composting facility.

6.

All permits shall also be subject to the resource protection policies contained in the Big Sur Land Use Plan and Coastal Implementation Plan.

A Coastal Administrative Permit for the cannabis activities allowed pursuant to this pilot program shall not be granted by the Appropriate Authority unless all of the following findings are made based on substantial evidence:

A.

The outdoor cultivation and outdoor cultivation ancillary uses, as proposed, comply with all of the requirements of Chapter 20.69.

B.

Adequate energy, sewer, and water services exist or can be provided for the use(s) proposed.

C.

The location of the cannabis site(s) and the establishment or operation of outdoor cultivation and outdoor cultivation ancillary uses are consistent with the text, policies and regulations of the Big Sur Land Use Plan and Coastal Implementation Plan.

D.

Any environmental impacts considered potentially significant are mitigated.

E.

The plans include adequate facilities and operational measures to address security, health and safety standards, and other standards that minimize or avoid nuisances and impacts on the lot and in the neighborhood where the activities are proposed.

In addition to any other conditions and mitigation measures required by the Appropriate Authority, all of the following conditions shall apply to all permits for outdoor cultivation and outdoor cultivation ancillary uses:

A.

The owner and permittees shall allow access to the cannabis site and access to records if requested by the County, its officers, or agents, and shall pay for an annual inspection and submit to inspections from the County or its officers to verify compliance with all relevant rules, regulations, and conditions.

B.

The applicant, owner, and permittees shall indemnify, defend, and hold the County harmless from any and all claims and proceedings relating to the approval of the permit or relating to any damage to property or persons stemming from the commercial cannabis activity.

C.

Any person engaged in the cannabis activities allowed pursuant to the pilot program shall obtain and maintain all required state and County permits and licenses, including a valid and fully executed Business License and Commercial Cannabis Business Permit pursuant to Chapters 7.02 and 7.90 of the Monterey County Code.

D.

The owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with all permits and licenses required by state law and the Monterey County Code. Failure to take appropriate actions to evict or otherwise remove permittees and persons conducting commercial cannabis activities at the site who do not maintain permits or license in good standing with the state or County shall be grounds for the suspension or revocation of permits pursuant to Sections 20.67.110 and 20.67.120 of the Monterey County Code.

All applications for a Coastal Administrative Permit for outdoor cultivation and outdoor cultivation ancillary uses shall be filed with the Resource Management Agency on the form and in the manner prescribed by the Chief of Planning, or his or her designee. In all cases, the application shall contain, without limitation the following documentation:

A.

Notarized, written authorization from all persons and entities having a right, title or interest in the property that is the subject of the application consenting to the application and the operation of the proposed commercial cannabis activities on the subject property.

B.

A site plan containing the following minimum information:

1.

Boundaries of lot and the cannabis site(s) wherein each of the proposed cannabis activities will occur;

2.

Access roads and driveways to the lot from the nearest public road;

3.

Entrances and exits to and from all proposed cannabis sites;

4.

All existing and proposed structures, wells, septic systems, parking areas, and utilities at the lot;

5.

All easements and all water bodies on the lot;

6.

Assessor's Parcel Number;

7.

Property boundaries and distance from all cannabis sites to structures on neighboring properties, if structures are located within one thousand five hundred (1,500) feet of the cannabis site(s);

8.

Topographic information including areas of the property containing slopes greater than twenty-five (25) percent; and

9.

The diagram shall be to scale.

C.

A cultivation plan containing a cannabis site diagram showing all boundaries and dimensions in feet of the following proposed areas to scale:

1.

Location of and aggregate square footage of canopy area(s) for all outdoor cultivation on the lot;

2.

Location of and aggregate square footage of canopy areas for all supportive nursery operations on the lot;

3.

Designated pesticide and other agricultural chemical storage area(s);

4.

Designated self-processing area(s), if processing will occur on site;

5.

Designated composting area(s), if composting will occur on site or designated secured area(s) for cannabis waste if composting does not occur on site;

6.

Designated area(s) for harvested cannabis storage;

Common use area(s) such as hallways, bathrooms, or break rooms; and

8.

The Geospatial Positioning System (GPS) Coordinates for the boundaries of each cannabis site.

D.

An operations plan including at a minimum, the following information:

1.

Onsite security plan including both physical and operation measures;

2.

An odor management plan, including progressive measures that will be taken if needed to address odor complaints;

3.

Proposed hours of operation;

4.

Employee safety and training plan;

5.

Water management plan including the proposed water supply and proposed conservation measures, and if water is obtained from a domestic water system, then proof of approval of use from the water system;

6.

Waste management plan;

7.

Sustainability measures including energy source and proposed energy efficiency measures;

8.

Parking plan;

9.

Hazardous waste storage plan and hazard response plan;

10.

Stormwater control plans; and

Fuel and fire management plan.

E.

A cross connection control survey completed by a qualified professional confirming that no cross connections will exist between potable water and irrigation uses.

F.

Such other information as the Chief of Planning, or his or her designee, may require.

Grounds and procedures for suspension revocation and enforcement shall be as set forth in Sections 20.67.110, 20.67.120, and 20.70.130 of this Title.

Chapter 20.70 - COASTAL DEVELOPMENT PERMITS

The purpose of this chapter is to establish a review process for development in the Coastal Zone of Monterey County. The review process is designed to meet the intent and requirements of the Coastal Act, to effect proper and thorough review of development in the Coastal Zone consistent with adopted land use plans, and to meet the needs of the public for timely review and action on proposed developments.

The provisions of this chapter apply in all zoning districts in the unincorporated areas inside the Coastal Zone within Monterey County.

All development as defined by Section 20.06.310 shall require a Coastal Development Permit except development exempted by section 20.70.120. Applications for development listed as a Principal Use Allowed Coastal Administrative Permit Required in Each Case in the respective category within the district shall be processed pursuant to the provisions of Chapter 20.76 of this Title instead of the provisions of this chapter. Furthermore, those uses not considered development shall not require a Coastal Development Permit.

20.70.030 - Appropriate Authority.

A.

Coastal Development Permits may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this Title.

B.

The Zoning Administrator shall be the Appropriate Authority to hear and decide applications for, and issue Coastal Development Permits, for those uses identified by the "(ZA)" designation and those items designated by the Director of Planning and Building Inspection pursuant to Section 20.04.030.F of this Title.

C.

The Planning Commission shall be the Appropriate Authority to hear and decide applications for, and issue Coastal Development Permits, for all other uses for which a Coastal Development Permit is required or permitted. The powers and authority may be combined to one body pursuant to a Combined Development Permit subject to Chapter 20.82.

Application for a Coastal Development Permit shall be made to the Appropriate Authority in writing on a form prescribed by the Director of Planning and Building Inspection and shall be accompanied by statements, plans, and elevations necessary to show the detail of the proposed use or structure.

20.70.050 - Action by Appropriate Authority.

A.

All Coastal Development Permits require a public hearing pursuant to Chapter 20.84.

B.

In order to grant any Coastal Development Permit, the findings of the Appropriate Authority shall be:

1.

The establishment, maintenance, or operation of the use or structure applied for will not, under the circumstances of the particular case, be detrimental to health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, or be detrimental or injurious to property and improvement in the neighborhood, or to the general welfare of the County.

2.

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

3.

The subject project is in conformance with the Monterey County Local Coastal Program.

4.

If applicable, including for all projects seaward of the first public road, that the project is in conformity with the public access and public recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Section 30200 of the Public Resources Code). Specific findings shall be made with respect to the following:

a.

Protection of Historic Access and/or Public Trust. No development shall be permitted which interferes with any form of historic public use or trust rights unless the applicant has demonstrated clear ownership of the area in question unencumbered by any form of public rights. For purposes of this policy, historic public use rights will be protected where a trail or use area has been established, and potential public trust rights will be protected on all beaches subject to ocean waves seaward of the first line of vegetation. The first choice where there is evidence of public use or trust rights shall be to re-site the development to avoid the area of public use or trust rights. If that is not possible, development may be allowed if offsetting public access benefits are provided and those access benefits are of equivalent nature and utility. In the case of trails, offsetting public access benefits shall consist of replacement trails. In the case of use areas, offsetting public access benefits shall consist of replacement use areas. In the case of beaches, offsetting public access benefits shall consist of access dedications over the remaining beach area.

b.

Provision of Public Access. Access will be provided as a condition of new development, consistent with Section 30212 of the California Coastal Act and Constitutional protections, subject to paragraph c. below.

c.

Application of Access Requirements to Single Family Residential Development. As further guidance to the application of the above stated access requirements to single family development: prior to requiring public access for new development on an existing legal lot, the permitting authority shall consider the cumulative impact of development of this and all similarly situated vacant parcels on public access to tidelands and recreational areas. If no substantial adverse impact can be demonstrated, either individually or cumulatively, on any of the following:

i.

historic access, public trust, or the recreational value of, accessibility to, use of, or safety of public beaches, trails, recreation areas, or recreation support areas; or,

ii.

the shoreline, by affecting either processes of sources of sand necessary to maintain public beaches or tidelands, or by siting in a manner that would necessitate a shoreline protective device or other public maintenance of the area; then access shall not be required.

C.

The Appropriate Authority may designate such conditions in connection with the Coastal Development Permit as it deems necessary to secure the purposes of this Title. Such conditions may include monitoring, at reasonable times and intervals, to assure compliance with the conditions set forth in the permit. Other such conditions may include, but are not limited to, health and safety requirements, architectural and site approval, time limitations, street dedication, and street and drainage improvements. The Appropriate Authority may also require such bond and guarantees as it deems appropriate to assure the compliance of the conditions.

D.

An appeal may be taken from the action of the Appropriate Authority pursuant to Chapter 20.86.

E.

On or before the seventh day following action by the appropriate authority or Board of Supervisors on appeal, notice of the decision, including findings for approval (or denial) and conditions on the project proposal shall be mailed to the following people:

1.

The applicants

2.

The owner of the subject parcel.

3.

All persons who have submitted a written request for notification of action on this specific permit.

4.

The Coastal Commission. Should, for any reason, a Coastal Development Permit not be acted upon for decision within the time limits established by law, notice of said inaction shall be supplied to the Coastal Commission within three days of such determination.

A.

Where one or more of the conditions of a Coastal Development Permit have not been, or are not being complied with, or when a Coastal Development Permit was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant, the Appropriate Authority may revoke or modify the Coastal Development Permit following public hearing pursuant to Chapter 20.84 of this Title.

B.

An appeal may be taken from such revocation or modification in the same manner as described in Chapter 20.86.

A.

Any Coastal Development Permit issued under the terms of this chapter shall be valid until the date of expiration stated on the permit. If no date of expiration is stated, or unless otherwise specified by the decision making body, any permit which allows a use, excluding a use which contemplates the construction of buildings or other structures, shall expire two years from the date of granting the permit unless use of the property has begun within this period.

B.

If no date of expiration is stated, or unless otherwise specified by the Appropriate Authority, any permit granted under this chapter which allows for the construction of buildings or other structures shall remain valid as long as actual construction has begun within two years from the date of the granting of the permit.

C.

In case of an appeal, the term of the permit shall not begin until the date of the resolution of the appeal.

Building permits shall not be issued, nor any use conducted, other than in accordance with the conditions and terms of the Coastal Development Permit granted nor until ten (10) days after the mailing of notice of granting of such Coastal Development Permit by the Appropriate Authority, or, after a final resolution of such Coastal Development Permit by the Board of Supervisors or California Coastal Commission in the event of appeal. For coastal development permits appealable to the Coastal Commission pursuant to Section 20.86.080 of this Title, the effective date is after the ten (10) working day appeal period to the Coastal Commission has expired or, if appealed, after the appeal has been resolved, pursuant to Section 20.86.090.

When an application or portion of an application for a Coastal Development Permit is denied by the Appropriate Authority or the Board of Supervisors or California Coastal Commission on appeal, no new application for a Coastal Development Permit substantially the same as the one denied shall be considered for a period of one year following such denial.

The application fee for a Coastal Development Permit 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 concurrent with the withdrawal of the Coastal Development Permit and provided that the applicant has not yet been sent written notice of the application's completeness or incompleteness. In such case, fifty (50) percent of the filing fee shall be refunded.

Proposed amendments to any permit issued under the provisions of this chapter shall be submitted to the Planning And Building Inspection Department in writing and in sufficient detail to adequately assess the nature of the amendment and any potential impacts of the amendment. Proposed amendments shall be handled in the following manner:

A.

If, in the opinion of the Director of Planning And Building Inspection the amendment is of a minor or trivial nature, with no impacts not already assessed in the original permit action, and generally in keeping with the action of the appropriate authority, the amendment may be approved by the Director of Planning And Building Inspection. The Director shall post notice of such approval at the project site and by mail to all

parties that the Director has reason to know may be interested in the application. If no written objections are received by the Planning And Building Inspection Department within ten (10) working days of posting such notice, the amendment approval shall be final. If objections are received, the amendment shall be considered under Section 20.70.105.B below.

B.

If, in the opinion of the Director of Planning And Building Inspection the amendment is of other than a minor or trivial nature, or may cause impacts not already assessed in the original permit, or is not in keeping with the action of the appropriate authority the amendment shall be taken to the decision making body of the original permit and processed consistent with the original permit procedures.

A.

The Director of Planning and Building Inspection may extend a Coastal Development Permit for an additional two-year period upon receipt of a written request from the permittee, provided such request is made at least thirty (30) days prior to the expiration of the Coastal Development Permit and provided that there are no changed circumstances. The written request shall be filed with the Appropriate Authority and set forth reasons supporting the request.

B.

The extension request shall be subject to the notice provisions of Section 20.70.105 of this Title.

A.

The Director of Planning and Building Inspection, Zoning Administrator, Chief of Planning Services, or Supervising Coastal Planner shall have the authority to determine whether or not any development proposed in the Coastal Zone is exempt from a Coastal Development Permit pursuant to this Title.

B.

Any person wishing such determination shall submit to the Planning and Building Inspection Department all plans and information deemed necessary by the Planning and Building Inspection Department to assess the development.

C.

After review, the Director of Planning and Building Inspection, Zoning Administrator, Chief of Planning Services, or Supervising Coastal Planner shall notify the applicant in writing that the development is:

1.

Exempt and state the category of exemption, or

That a Coastal Development Permit is required and, if so, whether it is appealable or not.

D.

The procedure described in this section shall be considered an administrative determination and is appealable pursuant to Section 20.88 of this Title.

E.

If the final determination of the local government is challenged by the applicant or an interested person pursuant to Chapter 20.88 of this Title, or if the local government wishes to have a Commission determination as to the appropriate designation, the local government shall notify the Commission by telephone of the dispute/question and shall request an Executive Director's opinion which shall be made pursuant to Section 13569 of the Coastal Commission's regulations.

F.

Where a Coastal Development Permit or other discretionary permit has not been required for a project, the development standards of the applicable land use plan segment and applicable County ordinances shall still apply to the ministerial permit. All reports, studies, and other specified information shall be submitted prior to the permit application being determined complete. Where required by ordinance, conditions of approval shall be applied to the ministerial permit, to be completed prior to receiving either occupancy or the final permit, as so stated in the condition. The Building Inspection Department shall only permit occupancy or issue the final permit after receiving verification from the Director of Planning and Building Inspection, Zoning Administrator, or their designee that all conditions have been met.

The projects listed below shall be exempt from the requirement for a Coastal Development Permit. Requirements for any other permits are unaffected by this section.

A.

The maintenance, alteration, or addition to existing single-family dwellings, including the establishment or expansion of accessory structures not exceeding one thousand (1,000) square feet and normally associated with residential uses such as garages, decks, workshops, and storage buildings; however, the following classes of development shall require a permit because they involve a risk of adverse environmental impact:

1.

Improvements to a single-family structure on a beach, wetland or seaward of the mean high tide line, in an environmentally sensitive habitat area, in an area designated as highly scenic in a certified land use plan, or within fifty (50) feet of a coastal bluff edge.

2.

Any significant alteration of land forms including removal or placement of vegetation on a beach, wetland or sand dune, or within fifty (50) feet of the edge of a coastal bluff, or in an environmentally sensitive habitat

area.

3.

The expansion or construction of water wells or septic systems.

4.

On property located between the sea and the first public road paralleling the sea or within three hundred (300) feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in significant scenic resources areas, an improvement that would result in an increase of ten (10) percent or more of internal floor area of an existing structure, the construction of an additional story (including lofts) in an existing structure, and/or any significant nonattached structure such as garages in excess of one thousand (1,000) square feet, fences over six feet in height, shoreline protective works, docks or trees or satellite dishes.

5.

In areas determined to have critically short water supply that must be maintained for the protection of coastal resources or public recreational use, the construction of any specified major water using development not essential to residential use including but not limited to swimming pools, or construction or extension of any landscaping irrigation system.

6.

Additions or expansions to developments which, by condition of previous permit issued by the County of Monterey or Coastal Commission, which by condition of such permit requires development permits for such addition or expansion.

B.

The maintenance, alteration, or addition to existing structures other than single-family dwellings and public works facilities; however, the following classes of development shall require a permit because they involve a risk of adverse environmental impact:

1.

Improvements to any structure on a beach, wetland, stream or lake, or seaward of the mean high tide line or within fifty (50) feet of a coastal bluff edge.

2.

Any significant alteration of landforms including removal or placement of vegetation, on a beach, wetland or sand dune, or within one hundred (100) feet of the edge of a coastal bluff or stream or in areas of natural vegetation designated as a sensitive habitat.

3.

The expansion or construction of water wells or septic systems serving five or more service connections.

4.

On property located between the sea and the first public road paralleling the sea or within three hundred (300) feet of the inland intent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greater distance, or in scenic road corridors an improvement that would result in an increase of ten (10) percent or more of internal floor area of the existing structure, and/or the construction of an additional story (including lofts) in an existing structure, or satellite dishes.

5.

In areas determined to have critically short water supply that must be maintained for the protection of coastal recreation or public recreational use, the construction of any specified major water using development including but not limited to swimming pools or the construction or extension of any landscaping irrigation system.

6.

Any improvement to a structure which increases the intensity of use of the structure or changes the nature of the use.

7.

Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including but not limited to a condominium conversion, stock cooperative conversion or motel/hotel time-sharing conversion.

8.

Addition or expansion to developments which by condition of previous permit issued by the County of Monterey or Coastal Commission requires development permits for such addition or expansion.

C.

Use of existing or permitted structures for keeping of pets, small family day care homes, Small Residential Care Facilities, Employee Housing providing accommodations for up to six employees, Supportive Housing, Transitional Housing/Transitional Housing Development, rooming and boarding, home occupations pursuant to Section 20.64.090, and animal husbandry and small livestock farming.

D.

Maintenance dredging of existing navigation channels or moving dredged material from such channels to a disposal area outside the Coastal Zone, pursuant to a permit from the United States Army Corps of Engineers.

E.

Repair or maintenance activities and safety improvements that do not result in an addition to, or enlargement or expansion of, the object of such repair or maintenance activities; however, the following classes of development shall require a permit because they involve a risk of adverse environmental impact:

1.

Any method of repair or maintenance of a seawall, revetment, bluff retaining wall, breakwater, groin, or similar shoreline work that involves:

a.

Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;

b.

The placement, whether temporary of permanent, of riprap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work;

c.

The replacement of twenty (20) percent or more of the materials of an existing structure with materials of a different kind; or

d.

The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within twenty (20) feet of coastal water or streams.

2.

The replacement of fifty (50) percent or more of a seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work under one ownership.

3.

Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty (50) feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty (20) feet of coastal waters or streams that includes:

a.

The placement or removal, whether temporary or permanent, of riprap, rocks, sand or other beach materials or any other forms of solid materials;

b.

The presence, whether temporary or permanent, of mechanized equipment or construction material.

The provisions of this subsection 3 shall not be applicable to routine, regularly occurring maintenance on existing golf courses and public access improvements.

F.

Any category of development requested by the County as a Categorical Exclusion pursuant to Section 13241 of the Coastal Commission's Regulations and approved by the Coastal Commission pursuant to Coastal Act Section 13241 of the Regulations.

G.

The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development provided that the County may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources. In the Big Sur Coast area, the exception shall not apply to the installation of utility poles and lines within the "Critical Viewshed." (See Coastal Commission's September 5, 1978 "Repair, Maintenance and Utility Hook-Up Exclusions from Permit Requirements" document for further detail on which public utility projects are exempt.)

H.

The replacement of any structure, other than a public works facility, destroyed by natural disaster. Such replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk of the destroyed structure by more than ten (10) percent, and shall be sited in the same location on the affected property as the destroyed structure. Structures which are destroyed by natural disaster in the Carmel Meadows and Carmel Point areas may be rebuilt to their original height and bulk of that existing prior to the disaster. Applicant shall provide proof of previous dimensions.

, or bulk of the destroyed structure by more than ten (10) percent, and shall be sited in the same location on the affected property as the destroyed structure. Structures which are destroyed by natural disaster in the Carmel Meadows and Carmel Point areas may be rebuilt to their original height and bulk of that existing prior to the disaster. Applicant shall provide proof of previous dimensions.

As used in this subdivision, "natural disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner.

As used in this subdivision, "bulk" means total interior cubic volume as measured from the exterior surface of the structure.

I.

Harvesting of agricultural crops, including kelp.

J.

Timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'Berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). Road development and grading work shall be considered part of the timber operation only if all of the following apply:

1.

Such work is for the exclusive purpose of timber operations;

2.

Such work is shown on the approved timber harvest plan; and,

3.

Such work is located on the premises, within the immediate area of timber operations.

K.

Land division brought about in connection with the purchase of land by a public agency for public recreational use.

L.

Encroachment permits.

M.

Any project undertaken by a federal agency.

N.

Any project which has a valid permit from the Coastal Commission.

O.

Tree removal (which is not major vegetation) excepted by any section of the Monterey County Coastal Implementation Plan.

P.

Public works determined by the Coastal Commission to be consistent with a Public Work Plan certified by the Coastal Commission pursuant to Coastal Act Section 30605.

Q.

Abatement of dangerous buildings pursuant to Chapter 18.20 of this Title and other abatements of nuisances pursuant to Section 20.90.130 of this Title.

R.

Repair and maintenance activities, and safety improvements on public or private roads that do not result in an addition to, or enlargement or expansion of the object of such repair or maintenance activities. (See Coastal Commission's September 5, 1978 "Repair, Maintenance and Utility Hook-Up Exclusions from Permit Requirements" document for further detail on which public road projects are exempt.)

S.

Homestays, pursuant to Section 20.64.290, are exempt in the following zoning districts: High Density Residential (HDR(CZ)); Medium Density Residential (MDR(CZ)); Low Density Residential (LDR(CZ)); Rural Density Residential (RDR(CZ)); Watershed and Scenic Conservation (WSC(CZ)); Coastal General Commercial (CGC(CZ)); Moss Landing Commercial (MLC(CZ)); Visitor-Serving Commercial (VSC(CZ)); Coastal Agriculture Preserve (CAP(CZ)); and Agricultural Conservation (AC(CZ)).

T.

Limited Vacation Rentals, pursuant to Section 20.64.290, are exempt in the following zoning districts: High Density Residential (HDR(CZ)); Medium Density Residential (MDR(CZ)); Low Density Residential (LDR(CZ)); Rural Density Residential (RDR(CZ)); Watershed and Scenic Conservation (WSC(CZ)); Coastal General Commercial (CGC(CZ)); Moss Landing Commercial (MLC(CZ)); Visitor-Serving Commercial (VSC(CZ)); Coastal Agriculture Preserve (CAP(CZ)); and Agricultural Conservation (AC(CZ)).

(Ord. No. 5439, §§ 18, 19, 9-23-2025; Ord. No. 5432, § 19, 11-18-2025)

A.

Request for Application Materials: A prospective applicant, or their respective agent must pay the appropriate fees and submit sufficient information for a planner to determine which process they must follow for their request. A subsequent conference will be held between the applicant, or their respective agent to convey the findings of the Planning and Building Inspection staff at which time the planner assigned to the project will give the application materials to the applicant.

B.

Application: An application for a Coastal Development Permit shall be made to the Monterey County Planning and Building Inspection Department in writing and in sufficient copies on a form prescribed by the Department, and shall be accompanied by statements, plans, elevations, reports and any such other information deemed necessary by the Planning and Building Inspection Department to adequately assess and evaluate the proposed use in light of the applicable land use plan, policies and environmental constraints.

C.

Procedure:

1.

The applicant submits the application deemed appropriate in subdivision (A) of this section;

2.

The application is reviewed by the appropriate agencies for completeness, consistency, and any other deficiencies;

3.

Within thirty (30) calendar days from submittal of the application, the application will be deemed complete or incomplete;

If the application is deemed incomplete the applicant has the responsibility to perform the necessary duties or submit the appropriate materials to make the application complete;

5.

If the application is deemed complete the application will be scheduled for a public hearing with the appropriate hearing body on the next available hearing date;

6.

If the application is approved the applicant must comply with the conditions of approval before the permit becomes valid (in most cases the applicant must apply for and receive a building permit prior to construction of the project);

7.

If the project is denied the applicant may exercise his option to appeal as set forth in Chapter 20.86 of this Title;

8.

At no time shall any use or building permit be issued until the ten (10) day appeal period has expired. Said time period begins on the day the Resolution is mailed to the applicant and is counted by calendar days.

The above procedures may vary in some instances and are not intended to bind the County in the way it processes applications. They are included in this Title to inform the Public how the County generally processes Coastal Development Permits. Individuals interested in applying for a Coastal Development Permit may contact the Coastal Team at the Monterey County Planning and Building Inspection Department for specific information regarding the process.