Chapter 20.76 — COASTAL ADMINISTRATIVE PERMITS

A.

The purpose of this chapter is to provide a process whereby certain coastal development permits can be considered at an administrative level.

B.

It is the further purpose of this chapter, by allowing Coastal Administrative Permit processing for certain types of developments, to expedite work flow, reduce the time needed to process and consider certain applications, dispense with public hearings on certain types of developments which are of a minor and non-controversial nature, and decrease the impact in time, materials and cost in processing certain discretionary permits.

Any development identified within the zoning district regulations as being a Principally Permitted Use Coastal Administrative Permit Required in Each Case is subject to the provisions of this chapter. Those uses not considered development pursuant to Section 20.06.310 or exempted by Section 20.70.120 of this Title shall not require a Coastal Administrative Permit. Permit determinations and applications are made pursuant to Sections 20.70.115 through 20.70.130 of this Title.

The Director of Planning and Building Inspection or the Zoning Administrator is the Appropriate Authority to consider Coastal Administrative Permits unless the matter is referred to public hearing under Section 20.76.060. In such case the Zoning Administrator is the Appropriate Authority to hear and consider Coastal Administrative Permits.

A.

Not less than ten (10) calendar days prior to consideration of the Coastal Administrative Permit, the Appropriate Authority shall give notice of such consideration by mailing, postage prepaid, a notice of such consideration to all owners and legal residents of property within three hundred (300) feet of the exterior boundaries of the property to be occupied by the use for which the permit was applied, all persons who have requested, in writing, notices relating to coastal permits, Coastal Commission, and interested public agencies. For development on parcels in excess of one hundred (100) acres where development is proposed on a small portion of the parcel and notice to property owners and legal residents within three hundred (300) feet from all property boundaries is determined to be unreasonable by the Director of Planning and Building Inspection, notice shall be provided to property owners within three hundred (300) feet of the development envelope and to properties in the vicinity of the development which the Director of Planning and Building Inspection determines to be affected by the development. Addresses shall be used from the last equalized assessment roll, or alternatively, from such other records of the Assessor or the Tax Collector as contain more recent addresses in the opinion of the Appropriate Authority.

B.

Not less than ten (10) calendar days prior to consideration of the Coastal Administrative Permit, the Appropriate Authority shall provide the applicant with not less than three public hearing notices. Said notices are to be posted in three public places on and near the subject property. The notices shall be posted in places accessible and visible to the public. At least ten (10) days prior to the first scheduled public hearing the applicant shall post or cause to be posted in conspicuous places on and off-site three notices of public hearing as provided by the Planning and Building Inspection Department. An affidavit of posting will be provided to the applicant by the Planning and Building Inspection Department. The applicant shall complete and return the affidavit to the Department at the time posting is accomplished. The affidavit shall serve as evidence of posting. Failure to post or to provide evidence of posting shall constitute grounds for suspension or continuance of the permit process.

C.

Not less than ten (10) calendar days prior to consideration of the Coastal Administrative Permit the Appropriate Authority shall publish notice of said consideration in at least one newspaper of general circulation published in the County of Monterey.

D.

If a Coastal Administrative Permit proceeding is continued, then the procedure for public notice shall be in accordance with Section 20.84.040.A.8.

E.

All persons receiving notice pursuant to Section 20.76.040(A) or requesting such notice shall be notified in writing of the issuance of a Coastal Administrative Permit which was approved without public hearing. Said notices shall include information relative to the local and Coastal Commission appeal rights and to the procedures for Coastal Administrative Permits. Said notices to the applicants, the owner of the subject parcel, all persons who have submitted a written request for notification of action on this specific permit, and the Coastal Commission shall be mailed on or before the seventh day following action by the appropriate authority or Board of Supervisors on appeal and include findings for approval (or denial) and conditions on the project proposal.

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.

The Appropriate Authority in its consideration of a Coastal Administrative Permit may grant in whole or in part, deny, or modify said permit, provided, however, that no Coastal Administrative Permit may be denied without a public hearing.

B.

A Coastal Administrative Permit application which has been deemed complete shall be acted on or be set for public hearing with the Appropriate Authority no more than fifteen (15) working days from the day it is deemed complete or it shall be deemed approved. The fifteen (15) day time limit may be extended with the mutual consent of the Appropriate Authority and the applicant.

C.

In acting on a Coastal Administrative Permit, the Appropriate Authority shall make findings as necessary to support its decision on the permit. Such findings shall address, but not be limited to, consistency with the Monterey County Local Coastal Program, site suitability, environmental issues, public access pursuant to Section 20.70.050.B.3 of this Title, and Variances where applicable. The findings shall include a

determination that the subject property is in compliance with all rules and regulations pertaining to zoning uses, subdivisions, and any other applicable provisions of Title 20 and that all zoning violation abatement costs have been paid.

D.

The Appropriate Authority may designate such conditions in connection with the Coastal Administrative Permit as it deems necessary to secure the purposes of this Title and the Monterey County Local Coastal Program. Such conditions may include monitoring, at reasonable times and intervals, to assure compliance with the conditions set forth in the permit. Other 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 security and guarantees as it deems appropriate to assure the compliance of the conditions.

E.

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

A.

A Coastal Administrative Permit shall be referred to the Zoning Administrator for consideration at a public hearing if there is evidence of public controversy or public opposition to the proposed use or development. Such evidence includes, but is not limited to:

1.

A staff recommendation for denial;

2.

The project is not categorically exempt under the California Environmental Quality Act;

3.

The applicant or applicant's representative requests, in writing, a public hearing;

4.

Zoning violations exist on the property;

5.

Written request for a public hearing by one or more persons.

B.

If a public hearing is required, it shall be noticed and conducted pursuant to the public hearing provisions of Chapter 20.84.

A.

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

B.

An appeal may be taken from such revocation or modification pursuant to Chapter 20.86.

A.

Any 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 Appropriate Authority, any permit which allows a use without the construction of structures 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.

No building permit shall be issued, nor any use conducted, otherwise than in accordance with the conditions and terms of the Coastal Administrative Permit granted, nor until ten (10) days after the mailing of notice of granting of such Coastal Administrative Permit by the Appropriate Authority. In the event of an appeal to the Board of Supervisors and/or the California Coastal Commission, the building permit may be issued upon resolution of the appeal in accordance with the terms and conditions of the Coastal Administrative Permit. For Coastal Administrative 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 a Coastal Administrative Permit is denied by the appropriate authority, the Zoning Administrator, Board of Supervisors, or California Coastal Commission, no new application for a Coastal Administrative Permit or any other approval substantially the same as the one or part denied shall be considered for a period of one year following such denial.

20.76.110 - Filing fee.

The application fee for a Coastal Administrative Permit shall be 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 Administrative Permit and provided that the applicant has not yet been sent written notice of the applications completeness or incompleteness. In such cases, fifty (50) percent of the filing fee shall be refunded.

Proposed amendments to any coastal administrative 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 appropriate authority, 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 appropriate authority. The Appropriate authority shall post notice of such approval at the project site and by mail to all parties that the Appropriate

authority 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 20.76.115.B below.

B.

If, in the opinion of the appropriate authority, 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 Administrative Permit for an additional two years 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 Administrative Permit and provided 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 noticing provisions of Section 20.76.115 of this Title.

Chapter 20.78 - VARIANCES

The purpose of this chapter is to provide a mechanism for applicants to make an application for Variances and to provide specific findings to approve or deny Variances.

Modifications to the setback, coverage, height, building site area, floor area ratio and development standard regulations of this Title may be considered by a Variance.

The Zoning Administrator is the Appropriate Authority to hear and decide all applications for Variances, unless said Variance is combined with another permit pursuant to Chapter 20.82 (Combined Development Permits) of this Title.

An application for Variance shall be made in writing on a form prescribed by the Director of Planning and Building Inspection and be accompanied by statements, plans, and other evidence supporting the Variance request. Variances from the terms of this Title shall only be granted based upon the following findings:

A.

That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this Title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification; and

B.

That the variance not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

C.

A Variance shall not be granted for a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.

A.

All Variances require a public hearing pursuant to Chapter 20.84.

B.

After conclusion of the public hearing, the Appropriate Authority shall make its decision in writing. The decision shall include findings of fact supported by substantial evidence that:

1.

The qualifications of Section 20.78.040(A) and (B) apply to the land, structure, or use of which the Variance is sought, and

2.

The subject property is in compliance with all rules regulations pertaining to zoning uses, subdivisions, or any other applicable provisions of Title 20 and any zoning violation abatement costs have been paid.

C.

The Appropriate Authority shall include such conditions in connection with the Variance as deemed reasonable and necessary under the circumstances to preserve the integrity and character of the zoning district and to secure the general purposes of this Title. Such conditions may include monitoring, at reasonable times and intervals, to assure compliance with the conditions set forth in the Variance. Such conditions may include, but are not limited to, architectural and site approval, time limitations, health and safety requirements, street dedication, and street and drainage improvements. The appropriate authority may also require such bond and guarantees as he 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.

Principle permitted uses authorized by Variance (i.e., Combined Development Permits for a Coastal Administrative Permit and a Variance) for other than height, setback, coverage, and building site area are considered conditional uses, appealable to the Coastal Commission.

A.

Where one or more of the conditions of a Variance have not been, or are not being complied with, or when a Variance 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 Variance following public hearing pursuant to Chapter 20.84 of this Title.

B.

An appeal may be taken from such revocation or modification pursuant to Chapter 20.86.

A.

Any Variance 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 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, otherwise than in accordance with the conditions and terms of the Variance granted nor until ten (10) days after the mailing of notice of granting of such Variance by the Appropriate Authority, or, after granting of such Variance by the Board of Supervisors and/or the California Coastal Commission in the event of appeal.

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

The application fee for a Variance shall be 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 Variance and provided that the applicant has not yet been sent written notice of the applications completeness or incompleteness. In such cases, fifty (50) percent of the filing fee shall be refunded.

A.

The Director of Planning and Building Inspection may extend Variances 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 Variance. 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 provisions of Chapter 20.84.040A of this Title.

Chapter 20.79 - EMERGENCY PERMITS

It is the purpose of this chapter to provide a means whereby development normally requiring discretionary approvals under this Title may be considered without the normally required public hearing processes to

meet an emergency situation.

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

The Appropriate Authority to consider and decide Emergency Permits is the Zoning Administrator.

Application for an Emergency 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 such statements, plans and elevations necessary to show the detail of the proposed use or structure and to explain the nature of the emergency.

A.

A public hearing is not required to consider and decide an Emergency Permit.

B.

In order to grant an Emergency Permit, the findings of the Appropriate Authority shall be:

1.

That an emergency situation does exist that requires action more expeditiously than allowable under normal discretionary permit procedures.

2.

That the establishment, maintenance or operation of the use or structures approved by the Emergency Permit will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such approved use, or, be detrimental or injurious to property and improvement in the neighborhood, or to the general welfare of the County.

3.

That the work authorized by the Emergency Permit is the minimum amount of work required to mitigate the emergency situation.

4.

That the work authorized by the Emergency Permit is consistent with the provisions of the Monterey County Local Coastal program.

C.

The Appropriate Authority may designate such conditions in connection with the Emergency Permit as deemed necessary to secure the purposes of this Title as well as the local coastal program. Such conditions may include monitoring at reasonable times and intervals to assure compliance with the conditions set forth in the Emergency Permit. Other conditions may include, but are not limited to: health and safety requirements, architectural and site approval, time limitations, street dedications, and street and drainage improvements. The Appropriate Authority may also apply a condition to require a Coastal Development Permit for continued authorization of the emergency work in order to address any requirements of this Title or the local coastal program that were not addressed under the Emergency Permit. The Appropriate Authority may also require such bonds and guarantees as it deems appropriate to assure compliance with the conditions.

D.

The Appropriate Authority shall establish a date by which the construction or use authorized by the Emergency Permit shall commence.

E.

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

F.

The Appropriate Authority shall report the granting of an Emergency Permit, in writing, to the Planning Commission and Coastal Commission. The report shall be mailed to all persons who have requested such notification in writing.

G.

The Appropriate Authority shall not issue an Emergency Permit for any work that must be reviewed by the California Coastal Commission, including work that the Commission's Executive Director may waive permit requirements for under Section 30611 of the Coastal Act.

A.

Where one or more of the conditions of the Emergency Permit have not been or are not being complied with, or when the Emergency 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 Emergency Permit following a public hearing pursuant to Chapter 20.84 of this Title.

B.

An appeal may be taken from such revocation or modification pursuant to Chapter 20.86 of this Title.

C.

Failure by the applicant to follow through in a timely manner with a Coastal Development Permit application, if required by the Appropriate Authority, shall be cause for the Appropriate Authority to revoke the emergency permit and direct removal of any improvements installed under the emergency permit. The Appropriate Authority may conduct a public hearing prior to taking action in such situations.

A.

Any Emergency Permit under the terms of this chapter shall be valid until the date of expiration stated on the permit.

B.

Any Emergency Permit which is not exercised by the date established pursuant to Section 20.79.050(D) of this Title shall be deemed to be expired.

Building Permits shall not be issued, nor any use conducted, otherwise than in accordance with the conditions and terms of the Emergency Permit granted. The construction or use authorized by the Emergency Permit may commence prior to the expiration of the appeal period or while an appeal is being resolved subject to the approval of the Director of Planning and Building Inspection or Zoning Administrator and provided that the permittee acknowledges in writing that they are proceeding at their own risk and the appropriate indemnification agreement has been filed with the County Recorder.

The application fee for an Emergency Permit shall be as established from time to time by the Board of Supervisors, and no part of such fee shall be refundable unless such refund is requested in writing concurrent with the withdrawal of the Emergency Permit and provided that the applicant has not yet been sent written notice of the application's status as complete or incomplete. In such case, fifty (50) percent of the filing fee shall be refunded.

A.

The Appropriate Authority may extend the expiration date of an Emergency Permit upon receipt of a written request by the permittee, provided such request is made at least thirty (30) days prior to the expiration of the Emergency Permit. The written request shall be filed with the Appropriate Authority and set forth reasons supporting the request. The Appropriate Authority may grant the extension for a reasonable additional time period necessary to complete or maintain the emergency work and/or apply for a Coastal Development Permit.

B.

The extension request shall be subject to the provisions of Chapter 20.84.040(A) of this Title.

Chapter 20.80 - RENEWAL OF PERMITS APPROVED PRIOR TO ADOPTION OF THE COASTAL IMPLEMENTATION PLAN

20.80.010 - Renewal of permits approved prior to adoption of the Coastal Implementation Plan.

A.

Any discretionary land use permit, such as use permits, special permits, or subdivisions, with approved coastal development permits which have been approved prior to the certification of the implementation plan shall remain valid and effective through the given life of said permit, including permissible extensions.

B.

Any discretionary land use permit approved prior to certification of the implementation plan which expires unused may be reapplied for only if consistent with the applicable certified land use plan and zoning. Such reapplication is subject to the terms of the applicable zoning district and current permit requirements.

C.

Any discretionary land use permit approved prior to certification of the implementation plan which has been exercised, but is to expire due to the specified term of the permit, may be reapplied for regardless of land use designation or zoning designation, provided such reapplication is made within one year of expiration. Such reapplication shall be considered a conditional use and be subject to Chapter 20.70 of this Title.

Chapter 20.82 - COMBINED DEVELOPMENT PERMITS

A.

The purpose of this chapter is to provide a process whereby a development requiring a multiple of discretionary permits pursuant to Title 20 (Zoning) and Title 19 (Subdivisions), Monterey County Code, may be considered under a single discretionary permit encompassing all phases and aspects of the development.

B.

It is the further purpose of this chapter, by allowing multiple discretionary permits to combine, to expedite work flow, reduce the time needed to process and consider applications, reduce the number of required hearings, and decrease the impact in time, materials and cost to the developer and the County of making and considering multiple applications.

A.

Any person desiring to develop property consisting of an individual parcel or contiguous parcels which under the terms of Title 20 (Zoning) and Title 19 (Subdivisions), Monterey County Code, requires more than

one discretionary permit, may apply for a Combined Development Permit, pursuant to the regulations set forth in this chapter.

B.

The provisions of this chapter shall apply in all zoning districts in the unincorporated areas of Monterey County. Where the provisions of this chapter differ from other provisions of Title 20 or Title 19, Monterey County Code, the regulations of this chapter shall apply. However, the provisions of this chapter shall not supersede any requirements for processing Coastal Development Permits or Coastal Administrative Permits.

A.

The Appropriate Authority to consider a Combined Development Permit shall be the Planning Commission, Zoning Administrator or Board of Supervisors. The basis for the designation shall be that the body established under State Law, Title 19 (Subdivisions), Monterey County Code, or Title 20 (Zoning), Monterey County Code, as the decision making body for the principal land use shall be the decision making body for the Combined Development Permit. Should the Combined Development Permit include any permit normally considered by the Planning Commission, then the Planning Commission shall consider the entire Combined Development Permit, including Variances.

B.

The Planning Commission shall act as the recommending body to the Board of Supervisors when said Board is the Appropriate Authority for the Combined Development Permit. Said Board shall not act on a Combined Development Permit without prior review and recommendation of the Planning Commission on both the environmental and land use issues. The Planning Commission recommendation shall be made only after public hearing by the Planning Commission.

Application for a Combined 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.

20.82.050 - Action by Appropriate Authority.

A.

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

B.

The Appropriate Authority may in its consideration of a Combined Development Permit grant or deny, in whole or in part, or modify said permit.

C.

In acting on a Combined Development Permit, the Appropriate Authority shall make findings as necessary to support its decision on the permit. Such findings shall address, but not be limited to, consistency with the General Plan, area plans, site suitability, environmental issues and Variance hardships, where applicable. If there is a Variance request it must be processed with a combined application.

D.

The Appropriate Authority may designate such conditions in connection with the Combined Development Permit as it deems necessary to secure the purposes of this Title and the Monterey County Local Coastal Program. 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.

E.

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

A.

Where one or more of the conditions of a Combined Development Permit have not been, or are not being complied with, or when a Combined 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 Combined Development Permit following public hearing pursuant to Chapter 20.84 of this Title.

B.

Where only a portion of the overall project approved by a Combined Development Permit is considered to be subject to revocation or modification pursuant to Section 20.82.060(A) only that portion of the project shall be considered for revocation or modification.

C.

An appeal may be taken from such revocation or modification pursuant to Chapter 20.86.

A.

Any Combined 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 decision making body, 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.

Exception may be made to Section 20.82.070(A) when the Combined Development Permit includes a subdivision approval. In such case the Combined Development Permit shall include specific conditions regarding expiration pursuant to the expiration and extension provisions in Title 19, Monterey County Code.

D.

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, otherwise than in accordance with the conditions and terms of the Combined Development Permit granted nor until ten (10) days after the mailing of notice of granting of such Combined Development Permit by the Appropriate Authority, or, after granting of such Combined Development Permit by the Board of Supervisors and/or the California Coastal Commission in the event of appeal. For Combined 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 a Combined Development Permit for a Combined Development Permit is denied by the Appropriate Authority, Board of Supervisors, and/or the California Coastal Commission no new application for a Combined Development Permit substantially the same as the one denied shall be considered for a period of one year following such denial.

The filing fee for a Combined Development Permit shall be equal to the total combined filing fee for the permits incorporated into the Combined Development Permit. No part of such fee shall be refundable unless said refund is requested in writing concurrent with the withdrawal of the Combined Development Permit and provided the applicant has not yet been sent written notice of the applications completeness or incompleteness. In such case, fifty (50) percent of the filing fee shall be refunded.

A.

The Director of Planning and Building Inspection may extend a Combined Development Permit 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 Combined Development Permit. 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 provisions of Chapter 20.84.040A of this Title.

Chapter 20.83 - INACTIVE APPLICATIONS

The purpose of this chapter is to increase efficiency in the processing of applications for entitlements under this Title by establishing consistent and fair procedures to enable the County to make final disposition of inactive applications while providing notification and opportunity to applicants to take the necessary steps to keep their applications active if they so choose.

The provisions of this chapter are applicable to all types of land use entitlements under this Title, except Chapter 20.83 shall not apply to any application for a Combined Development Permit that includes a subdivision application which was deemed complete prior to the effective date of Ordinance No. 5252 adopting Chapter 20.83.

A.

When an applicant for a discretionary land use entitlement under this Title has not submitted information, documents, or associated land use application fees requested by the County for a period of at least six consecutive months, the County in its discretion may follow the process outlined in this section not determine if the application is inactive.

B.

Courtesy notice prior to deeming ad application inactive. Prior to deeming an application inactive, the Director of Planning shall mail a courtesy notice providing notice that the application will become inactive within thirty (30) calendar days of the date of mailing of the courtesy notice, unless the applicant takes one of the options outlined in the notice. The courtesy notice shall include the description of the proposed project and the outstanding information required and/or application fees required, if applicable. The courtesy notice, as well as further correspondence from the Director of Planning required by this subsection, shall be mailed to all of the following: the property owner as shown in the latest assessment roll; the applicant (if different from the owner); and the applicant's authorized agent, if any. The courtesy notice shall outline the options available to applicants as set forth in subsection 20.83.030.C below.

C.

Options available to applicant following receipt of courtesy notice.

The applicant may withdraw his/her/its application in writing.

2.

The application shall remain in active status if the applicant takes one of the following steps:

a.

The applicant may submit the outstanding information (required information and/or outstanding application fees as identified by the County) within no more than thirty (30) calendar days from the date of mailing of the courtesy notice together with such additional application fees as County may require to reactivate the application.

b.

The applicant may request in writing within thirty (30) calendar days from the date of mailing of the courtesy notice that his/her/its application be kept active. Such written request shall be made to the Director or Planning with a detailed explanation of the reason(s) for the request and the additional time needed to provide the requested information and/or application fees. Such reasons may include by way of example and not by limitation, additional time needed to conduct a required seasonal biological survey or to secure a professional consultant to carry out a required analysis. The Director of Planning shall review the written request and provide the applicant a written determination, approving or denying the request. If the Director of Planning grants the applicant's request, the written determination shall specify the additional time granted.

3.

If a change of ownership of the property that is the subject of the application has occurred between the submittal of the application and the receipt of the courtesy notice, the new owner may reactivate the application only upon payment of such new application fees as identified in the courtesy notice, such update of the application as the County may require, and submittal of such outstanding information as County has identified. Change of ownership means a change of ownership as determined by the County Assessor pursuant to the California Revenue and Taxation Code.

D.

Deeming an Application Inactive. The Director of Planning shall deem an application inactive if the applicant fails to submit the information and/or fees identified in the courtesy letter within the time allotted by that letter, or any extended time granted pursuant to section 20.83.030.C.2.b, or if the Director of Planning denies a request by applicant pursuant to section 20.83.030.C.2.b to keep the application active.

E.

Notice of Inactive Application.

1.

After the Director of Planning has deemed an application inactive, the Director of Planning shall provide written notice to the property owner as shown in the latest assessment roll, the applicant (if different from

the owner), and the applicant's authorized agent, if any, that the application has been deemed inactive. The notice shall include the description of the proposed project, the outstanding information required and/or application fees required. The notice shall outline the options available to the applicant as set forth in subsection E.2 below and inform the applicant that if the applicant does not take one of the steps outlined in subsection E.2 below, the application will be set for hearing with a recommendation of denial.

2.

a. The applicant may withdraw his/her/its application in writing within one hundred and eighty (180) calendar days of the date of mailing of the notice of inactive application; or

b.

The applicant within no more than one hundred and eighty (180) calendar days from the date of mailing of the notice of inactive application may submit required information and/or outstanding application fees together with such additional application fees as County may require to reactivate the application.

3.

If after more than on hundred and eighty (180) calendar days from the date of mailing of the notice of inactive application the applicant does not withdraw his/her/its application in writing or does not provide the required information and/or application fees, including a reactivation fee, staff will schedule the application for a public hearing by the Appropriate Authority with a recommendation of denial.

F.

Action by Appropriate Authority.

1.

The Appropriate Authority to hear inactive applications shall be the person, official, or body designated by Title 20 (Part 1 of the Monterey County Coastal Implementation Plan ) of the Monterey County Code to act on the type of permit that is the subject of the application.

2.

Notice of the public hearing on the inactive application shall be given pursuant to the notice requirements applicable to the specific type of land use application (see Chapter 20.76 (Coastal Administrative Permits) or Chapter 20.84 (other permit types).

3.

The Appropriate Authority may deny the inactive application if the Appropriate Authority finds, based on substantial evidence, that the applicant has failed to provide complete or adequate information or failed to provide application fees to process the application.

G.

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

Chapter 20.84 - PUBLIC HEARINGS

The purpose of this chapter is to provide an opportunity where interested parties may express, in a public forum, views and opinions regarding land use applications pending before an Appropriate Authority.

The provisions of this chapter apply to all applications that are discretionary in nature, including, but not limited to, Coastal Development Permits, Variances, Combined Development Permits, Amendments and Appeals.

Any action to approve or deny any application for a discretionary permit by an Appropriate Authority, including the Board of Supervisors, shall require that a public hearing be held and notice given pursuant to this chapter.

A.

The notice shall be given in all of the following ways:

1.

Notice of the public hearing shall be mailed or delivered at least ten (10) days prior to the public hearing to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

2.

Notice of the public hearing shall be mailed or delivered at least ten (10) days prior to the public hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

3.

Notice of the public hearing shall be mailed or delivered at least ten (10) days prior to the public hearing to all owners and legal residents of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the public hearing, all persons who have requested, in writing, notices relating to coastal permits, the Coastal Commission, and interested public agencies. For development on parcels in excess of one hundred (100) acres where development is proposed on a small portion of the parcel and notice to property owners and legal residents within three hundred (300) feet from all property boundaries is determined to be unreasonable by the Director of Planning and Building Inspection, notice shall be provided to property owners and legal residents within three hundred (300) feet of the development envelope and to properties in the vicinity of the development which the Director of Planning and Building Inspection determines to be affected by the development. Addresses shall be used from the last equalized assessment roll.

4.

At least three public hearing notices shall be clearly posted at three different public places on and near the subject property. The notices shall be accessible and visible to the public. At least ten (10) days prior to the first scheduled public hearing the applicant shall post or cause to be posted in conspicuous places on and off-site three notices of public hearing as provided by the Planning and Building Inspection Department. An affidavit of posting will be provided to the applicant by the Planning and Building Inspection Department. The applicant shall complete and return the affidavit to the Department at the time posting is accomplished. The affidavit shall serve as evidence of posting. Failure to post or to provide evidence of posting shall constitute grounds for suspension or continuance of the permit process.

5.

In-lieu of utilizing the assessment roll, the County may utilize records of the County Assessor or County Tax Collector which contain more recent information than the assessment roll.

6.

If the number of property owners to whom notice would be mailed or delivered pursuant to this chapter is greater than one thousand (1,000), the County, in lieu of mailed or delivered notice to such property owners and residents, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local in which the proceeding is conducted, at least ten (10) days prior to the hearing.

7.

If the public hearing notice is mailed or delivered pursuant to paragraph (3), the notice shall also be published in at least one newspaper of general circulation within the area, at least ten (10) days prior to the hearing.

8.

If a decision of an appealable Coastal Development Permit is continued to a time which has not been stated in the initial notice or at the public hearing, notice of the continued hearing shall be provided to persons requesting in writing such notice in accordance with the notice requirements set forth in this Section, unless the specified time of the continued public hearing was previously stated in the notice provided pursuant to this Section or was announced at the hearing as being the time to which the hearing would be continued.

B.

The failure of any person or entity to receive notice given pursuant to this Title shall not constitute grounds for any court to invalidate the action on any permit pursuant to this Title for which notice was given (GC 65093).

The contents of a public hearing notice shall contain at a minimum the following information:

A.

Date, time and place of the public hearing;

B.

The identity of the Appropriate Authority;

C.

A general explanation of the matter to be considered at the public hearing; and,

D.

A general description, in text or by diagram, of the location of the real property, if any, that is the subject of the public hearing.

E.

A statement that the development is in the coastal zone and if it is appealable to the Coastal Commission, and the process for appeals.

It shall be the responsibility of the applicant to provide a complete list of all the names, addresses, and assessor's parcel numbers of all property owners and residents within three hundred (300) feet of the property, including the owner of the subject property for which this application is filed. The list shall be taken from the most recent records of the Monterey County Assessor's Office.