Chapter 20.86 — APPEALS

It is the purpose of this chapter to provide a means whereby a public agency, person or persons dissatisfied with the decision of an Appropriate Authority may appeal that decision to the Board of Supervisors and to put such persons on notice that certain decisions may be appealed to the California Coastal Commission.

The provisions of this chapter apply to discretionary decisions made by the Director of Planning and Building Inspection, Zoning Administrator, Planning Commission and the Board of Supervisors.

A.

An appeal may be made to the Board of Supervisors by any public agency or person aggrieved by a decision of an Appropriate Authority other than the Board of Supervisors.

B.

Persons who receive notice of the hearing, or who had knowledge of the time and place of hearing, but who chose not to participate in the hearing, either orally or in writing, shall not have the right to appeal. However, the Board may grant the right to appeal to those persons who, in the exercise of reasonable care, did not participate in the hearing.

C.

An appeal shall be in writing and shall be filed with the Clerk of the Board of Supervisors and with Appropriate Authority within ten (10) days after written notice of the decision of the Appropriate Authority has been mailed to the applicant.

D.

At the time of the filing of the appeal the appellant shall pay the required filing fee as established from time to time by the Board of Supervisors to the Clerk of the Board of Supervisors. No appeal fee shall be charged for Coastal Development Permits that are appealable to the Coastal Commission.

E.

Written notice of the decision shall be given promptly to the applicant and to those who have requested notice, in writing, at the hearing on the application. No appeal shall be accepted until the notice of the decision has been given.

F.

Appeals to the California Coastal Commission from a decision made by the Board of Supervisors shall comply with the provisions of the California Coastal Act of 1976.

The appellant must specifically state in the notice of appeal:

A.

The identity of the appellant and his interest in the decision;

B.

The identity of the decision appealed and the conditions appealed;

C.

A clear, complete, but brief, statement of the reasons why, in the opinion of the appellant, the decision or the conditions imposed are unjustified or inappropriate because:

1.

There was lack of a fair and impartial hearing; or

2.

The findings or decision or conditions are not supported by the evidence; or

3.

The decision was contrary to law.

D.

The specific reasons the appellant disagrees with the findings of the Appropriate Authority, if he disagrees;

E.

The notice of appeal shall set forth specific facts of the matter in sufficient detail to notify interested persons of the nature of the proceedings, to place the interested persons upon notice as to how any proposed action may affect their interest so that they may formulate their defense or opposition without being subjected to surprise. The Board will not accept an appeal stated in generalities, legal or otherwise.

An appeal shall not be accepted by the Board of Supervisors unless it is complete and complies with all requirements. The Clerk of the Board of Supervisors shall not accept a notice of appeal if it is obvious on the face of the notice that it is incomplete.

Notice of the public hearing on the appeal shall be provided pursuant to Chapter 20.84.

20.86.070 - Action by the Board of Supervisors on appeal.

A.

Upon receipt of the notice of appeal, the Board of Supervisors shall, within fifteen (15) days following the filing of the appeal, set a date for public hearing thereon, giving public hearing notice thereof pursuant to Chapter 20.84 and additionally, to those who have requested notice of appeal, in writing at the hearing on the application. The hearing before the Board of Supervisors shall be "de novo" except that when relevant new evidence is available at the time of the appeal which was not available at the time of the original hearing, the application may be returned to the Appropriate Authority for consideration. The Board may reject an appeal for failure of the appellant to present all the evidence available to him at the time of the original hearing if he had notice of the original hearing.

B.

If a request for continuance is granted, the person who asks for the continuance shall notify the interested public in the same manner and to the same extent that notice was given to the public for the public hearing from which consideration of the appeal was continued. The notice shall state the date to which the hearing upon the appeal is continued. If notice is not given the appeal may not be heard on a date for which inadequate notice is given. Failure to give notice may be grounds for denial of an appeal.

C.

The Board of Supervisors shall consider an appeal and render a decision thereon within sixty (60) days after receipt thereof.

D.

The Board of Supervisors may reverse or affirm, wholly, or in part, or modify the order, requirement, condition, finding or decision appealed from, and make such order, requirement, condition, finding or decision as should be made, and such action shall be final. The decision of the Board of Supervisors shall be final, conclusive and effective immediately, unless appealable pursuant to Section 20.86.080 of this Title.

A.

An appeal of a County decision on a Coastal Development Permit application may be filed by an applicant or any aggrieved person who has exhausted all County appeals pursuant to this chapter, or by any two members of the California Coastal Commission. Appeals by members of the Coastal Commission may be made following decisions of the Appropriate Authority. The following coastal permit applications are appealable to the Coastal Commission:

1.

Approved projects between the sea and the first through public road paralleling the sea or within three hundred (300) feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.

2.

Approved projects in County jurisdiction located on tidelands, submerged lands, public trust lands, within one hundred (100) feet of any wetland, estuary, stream or within three hundred (300) feet of the top of the seaward face of any coastal bluff.

3.

Any approved project involving development that is permitted in the underlying zone as a conditional use. Uses listed as principal uses are not appealable to the Coastal Commission unless they fall within the above categories by location.

4.

Any project involving development which constitutes a major public works project or a major energy facility.

B.

Grounds of appeal shall be limited to an allegation that the development does not conform to the certified local coastal program., or, if appealed under subsection A1 above, that the development does not conform to the public access policies of the California Coastal Act.

C.

Appeals to the Coastal Commission pursuant to this section must be filed with the Coastal Commission on forms prescribed by and available from the Coastal Commission.

D.

Coastal Commissioner appeals taken prior to exhaustion of all local appeals shall be transmitted to the Board of Supervisors and the appeal to the Coastal Commission may be suspended pending a decision on the merits by the Board of Supervisors. If the decision of the Board of Supervisors modifies or reverses the previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision.

An appeal shall stay the proceedings and effective date of the decision of the Appropriate Authority until such time as the appeal is resolved by the Board of Supervisors and/or the California Coastal Commission.

Notice shall be provided to the California Coastal Commission at the time an appeal is resolved (eg. withdrawal, rejection or decided).

Chapter 20.88 - APPEALS TO ADMINISTRATIVE INTERPRETATIONS

The purpose of this chapter is to provide a process whereby a person aggrieved by an administrative decision may appeal the decision.

The provisions of this chapter are applicable only to administrative decisions and interpretations.

The Planning Commission of the County of Monterey is the Appropriate Authority to consider appeals of the administrative decisions and interpretations of this Title.

A.

Appeals pursuant to this chapter may only be taken from the written decision or opinion of the Director of Planning and Building Inspection.

B.

Requests for a written decision or opinion from the Director of Planning and Building Inspection shall be made in writing. Requests must be specific and in sufficient detail to provide a clear basis for issuing the requested decision or opinion.

C.

Upon receipt of an appropriate request, the Director of Planning and Building Inspection shall respond in writing within ten (10) days setting forth the decision of the Director of Planning and Building Inspection. Said response shall also include the statement "Should you wish to appeal this decision, the appeal must be filed with the Secretary to the Planning Commission no later than 5:00 p.m. on _______, or no subsequent appeal on this issue may be heard." The Director of Planning and Building Inspection shall provide a minimum of ten (10) days from the date of mailing the letter for filing an appeal.

D.

The appeal shall set forth in detail:

1.

The identity of the appellant and interest in the decision;

2.

The identity of the decision appealed;

3.

A clear, complete, but brief statement of the reasons why, in the appellant's opinion, the administrative decision or interpretation is unjustified or inappropriate because:

a.

The findings, interpretation and decision are not supported by the evidence, or

b.

The decision or interpretation is contrary to law.

4.

The specific reasons the appellant disagrees with the decision or interpretation.

E.

The appeal shall not be accepted by the Secretary to the Planning Commission unless it is complete and complies with all requirements.

20.88.050 - Action by the Planning Commission.

A.

The Planning Commission shall consider the appeal and render a decision thereon within sixty (60) days after the receipt thereof.

B.

The Planning Commission may, after its consideration of the administrative decision or interpretation, affirm, reverse or modify the interpretation.

C.

In so acting on an administrative decision or interpretation, the Planning Commission shall indicate the reasons for its affirmation, reversal or modification of the administrative interpretation.

D.

The decision of the Planning Commission may be appealed to the Board of Supervisors pursuant to Chapter 20.86.

The fee for such appeal shall be set from time to time by the Board of Supervisors, by resolution. No part of such fee shall be refundable.

Chapter 20.90 - ENFORCEMENT, ADMINISTRATIVE AND LEGAL PROCEDURES, PENALTIES

All departments, officials, and public employees of the County of Monterey which are vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Title and the remaining parts of the Monterey County Coastal Implementation Plan, and shall issue no such permits or licenses for uses, structures, or purposes where the same would be in conflict with the provisions of this Title, and any such permits or licenses, if issued in conflict with the provisions of this title, shall be null and void.

The Director of Planning and Building Inspection and his duly appointed subordinates are authorized to investigate all reported or apparent violations of this Title and the remaining parts of the Monterey County Coastal Implementation Plan. If the Director of Planning and Building Inspection finds that there is reasonable cause to believe that a violation exists, the Director of Planning and Building Inspection is hereby authorized to take such measures as he deems necessary or expedient to enforce and secure compliance with the provisions of this Title, including measures ordering the immediate restoration of a degraded site to pre-violation, natural conditions in a manner that will not further degrade the environment.

The Director of Planning and Building Inspection may request, and shall receive, the assistance and cooperation of other officials or departments of the County of Monterey to assist in the discharge of its duties.

Any structure in an unreasonable state of partial construction, set-up, erected, constructed, altered, enlarged, converted, moved, or maintained, contrary to the provisions of this Title and the remaining portions of the Monterey County Coastal Implementation Plan, and any use of any land, structure, or premises, established, conducted, operated, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, a violation of this Title, and a public nuisance.

An "unreasonable state of partial construction" exists if it has been more than one year since actual construction has begun, and;

A.

The construction work or required improvements have not been diligently pursued on a consistent basis; and

B.

The appearance of the structure or the building site substantially detract from the appearance of the neighborhood or reduce the property values in the immediate neighborhood; or

C.

The condition of the structure or the building site is detrimental to the public health, safety and welfare.

A.

It is prohibited to make any use of, or to allow any use of land or structure which is not permitted under this Title or and the remaining portions of the Monterey County Coastal Implementation Plan in the designated zoning district in which the property is located. It shall be unlawful for any person, firm or corporation whether as principal, agent, employee, landlord, tenant or otherwise to permit, allow or cause the set-up, alteration, erection, construction enlargement, conversion, or maintenance of any building or structure contrary to the provisions of this Title or the remaining portions of the Monterey County Coastal Implementation Plan and/or to permit, allow or cause the establishment, operation or maintenance of any use of the land, structure, or premise, which is contrary to the provisions of this Title or the remaining portions of the Monterey County Coastal Implementation Plan. Any person violating any provision of this Title or any of the remaining portions of the Monterey County Coastal Implementation Plan, including the violation of any conditions of a discretionary permit, is guilty of a misdemeanor, unless, in the discretion of the prosecutor, it is charged as an infraction.

B.

It is prohibited for any person, firm or corporation to maintain, permit, or allow a violation or a public nuisance to exist upon any property, or premise, or for any person occupying or leasing the property or premises of another to maintain, permit or allow a public nuisance to exist thereon, after reasonable notice in writing from an enforcement officer, to remove, discontinue, or abate, the violation or public nuisance, has been served on the person, firm or corporation.

C.

It is prohibited for any person, firm or corporation to arrange or negotiate for the use of real property in violation of the provisions of this Title or the remaining portions of the Monterey County Coastal Implementation Plan.

D.

It is prohibited to continue work on any property after a stop work order has been issued by an enforcing officer.

E.

Each day or portion of a day that any person violates or continues to violate this Title or the remaining portions of the Monterey County Coastal Implementation Plan constitutes a separate offense and may be charged and punished separately without awaiting conviction on any prior offense.

The conditions of the Coastal Development Permit, Variance, Coastal Administrative Permit, Combined Development Permit or other permit approved under the authority of Title 20, immediately becomes effective upon initiation of the use and must be strictly complied with. The violation of any condition imposed by the Planning Commission, Board of Supervisors, Director of Planning and Building Inspection, Zoning Administrator or California Coastal Commission in connection with the granting of any Coastal Development Permit, Variance, Coastal Administrative Permit, Combined Development Permit or other permit authorized by Title 20 shall constitute a violation of this Title and is declared to be a public nuisance.

A.

Every violation of any provision of this Title or the remaining portions of the Monterey County Coastal Implementation Plan determined to be an infraction is punishable by a fine not to exceed the amount allowed by state law.

B.

Unless a different punishment is prescribed by any law of this state, including any provisions of this Title, every violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan determined to be a misdemeanor is punishable by imprisonment in the county jail for not more than one year, or by fine not exceeding the amount allowed by state law, or by both fine and imprisonment.

A.

The County may summarily abate the public nuisance, and County Counsel or the District Attorney, upon order of the Board of Supervisors, may bring civil suit, or other action, to enjoin or abate the nuisance.

B.

Any person, firm or corporation whether as principal, agent, employee, tenant, landlord, or otherwise, violating any provisions of this Title or the remaining portions of the Monterey County Coastal Implementation Plan or permits issued hereunder, shall be liable to the County of Monterey for the costs incurred and the damages suffered by the County, its agents, and agencies as a direct and proximate result of such violation. Such cost shall include but not be limited to the expenses incurred in detecting,

investigating, abating or prosecuting the violation, including attorneys' fees and the costs of monitoring compliance.

The County may recover such costs by civil action or the enforcing officer may bill the owner or agent of the property on which the violation has occurred and proceed pursuant to Sections 16.30.110 through 16.30.150 of Chapter 16.30 of the Monterey County Code to obtain a special assessment and lien against the property.

C.

Upon a continuation of a public nuisance under this chapter after notice from the County to cease the nuisance, any person, firm or corporation, who violates this Title or the remaining portions of the Monterey County Coastal Implementation Plan shall be liable for a civil penalty of fifty (50) percent of those costs payable to the County in subsection B for each day the violation continues. This penalty may be assessed and recovered in a civil action and may be recovered in any judicial action brought to abate or enjoin a violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan.

A.

Unless otherwise expressly provided in this Title, the remedies provided in this chapter are cumulative and not exclusive.

B.

Nothing in this chapter is intended, or shall be deemed or construed, to limit or impair the ability of the County, or any of its officers, agents or employees, to take any administrative or judicial action, otherwise authorized by law, to summarily abate any nuisance.

C.

Nothing in this chapter bars any legal, equitable, administrative or summary remedy to which any aggrieved person or the County or any of its officers may otherwise be entitled.

D.

Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this Title or the remaining portions of the Monterey County Coastal Implementation Plan.

A.

Nothing is this Title or any other County enactment is intended, or shall be deemed or construed, to impose liability upon the County of Monterey, or any of its officers, agents or employees, for any injury to persons or damage to property alleged to result from any act or omission by the County or any of its officers, agents or employees, beyond the liability imposed by the laws of the State of California or the United States, or

shall be deemed or construed, to impose a mandatory duty upon the County, or any of its officers, agents or employees, for the purpose of determining entitlement to equitable relief or liability for any injury to persons or damage to property alleged to result from the failure of the County or any of its officers, agents or employees to discharge a mandatory duty imposed for any County enactment.

B.

Every enforcing officer may use administrative processes such as notices of violation, stop work orders, or warning letters in lieu of, or prior to, seeking judicial enforcement of any provision of this title if the officer determines that the process may result in compliance with this Title or the remaining portions of the Monterey County Coastal Implementation Plan as less cost to the County.

C.

Every enforcing officer is authorized to appear as a complaining witness in any criminal proceeding brought for an alleged violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan and in every administrative or civil proceeding brought to abate any violation of this Title or the remaining portions of the Monterey County Coastal Implementation or to enjoin any present or future violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan.

D.

Pursuant to Penal Code Section 19d and the provisions of Section 836.5 of Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, every enforcing officer may cite as an infraction any person for violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan whenever the enforcing officer has reasonable cause to believe that the person has caused, committed, continued or permitted any violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan.

E.

Whenever there is reasonable cause to suspect a violation of any provision of this Title or the remaining portions of the Monterey County Coastal Implementation Plan, or whenever necessary to investigate either an application for granting, extension or modification of any application described in this Title or the remaining portions of the Monterey County Coastal Implementation Plan, or an action to revoke or modify a discretionary permit, or whenever necessary to investigate a proposed amendment of this Title, the enforcing officers or their duly authorized representatives, may enter any site for the purpose of investigation, provided they shall do so in a reasonable manner. No owner, or occupant, or agent thereof, shall, after reasonable notice and opportunity to comply, refuse to permit such entry. In the course of such inspection, no enclosed structure shall be entered without the express permission of the owner or occupant. When necessary, and with the prior approval of the District Attorney or County Counsel, an enforcing officer may apply to the court for an inspection warrant.

F.

No person shall give, either orally or in writing, false information to an enforcing officer or his duly authorized subordinate, while in the performance of his duties under the provisions of this Title or the

remaining portions of the Monterey County Coastal Implementation Plan when such person knows the information to be false.

G.

Whenever any work is being done contrary to the provisions of this Title, the enforcing officer may order the work stopped by notice in writing served on a person, firm or corporation, engaged in doing or causing such work to be done and any such person shall forthwith stop such work until authorized by the enforcing officer to proceed with the work.

If in the course of fulfilling their responsibilities under this chapter, the enforcing officer has knowledge that there is a violation of this chapter including a violation of a discretionary permit, the enforcing officer shall cause to be mailed by certified mail with return receipt, to the owner, as reported on the latest equalized assessment roll, and the occupant if different from the owner, a notice of intention to record a notice of violation. The notice shall include a description of the property, a description of the violation, the action necessary to abate the violation, the time limit for compliance, the intent to record the notice of violation, and state a time, date and place for a meeting with the enforcing officer at which the occupant or owner may present evidence as to why the notice should not be recorded.

If the occupant or the owner of the real property fails to inform the enforcing officer whose signature appears on the notice, of his objections to the recordation of the notice of violation, and the violation has not been cured within the time limit set for compliance, that enforcing officer may record a notice of violation with the County Recorder. If the owner or occupant has presented evidence and it is determined that there has been no violation, the enforcing officer shall not record the notice of violation. If, however, after the owner or occupant has presented evidence, the enforcing officer determines that a violation does exist, the enforcing officer shall record a notice of violation after the expiration of the time for compliance.

If the owner, occupant or his authorized agent disagree with the determination that a violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan exists on the property, he may apply for a "Removal of Notice of Violation" by submitting evidence to the Zoning Administrator that there is no violation or that the work to abate the violation has been completed. An adverse decision of the Zoning Administrator may be appealed by the property owner or operator pursuant to Chapter 20.88.

The enforcing officer shall submit a Removal of Notice of Violation to the County Recorder when:

1.

It is determined by the Zoning Administrator, the Planning Commission or the Board of Supervisors, after review, that no violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan exists; or

2.

All required work to abate the violation has been completed, and approved by the enforcing officer.

3.

The fee for the submittal of the "Removal of Notice of Violation" shall be set from time to time by the Board of Supervisors.

No department, commission, or public employee of the County of Monterey which is vested with the duty or authority to issue or approve permits, licenses or other entitlements shall issue or approve such permits, licenses or other entitlements nor determine a discretionary permit complete where there is an outstanding violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan involving the property upon which there is pending application for such permit, license or other entitlement unless such permit, license, or other entitlement is the, or part of the, administrative remedy for the violation. The authority to deny or determine incomplete shall apply whether the applicant for the permit was the owner of record at the time of such violation or the applicant is the current owner.

After recordation of a Notice of Violation by the enforcing officer, all departments, commissions, and public employees shall refuse to issue permits or licenses or entitlements involving the property except those necessary to abate the violation of this Title or the remaining portions of the Monterey County Coastal

Implementation Plan, if such are obtainable, or those cleared pursuant to plan for restoration approved by the Director of Planning and Building Inspection, pursuant to Section 20.90.130.

Written notice of the refusal to issue shall be mailed to the applicant for the permit, license or entitlement and to the property owner. Such written notice shall include information regarding the specific violation and the action necessary to abate the violation.

If the applicant for a permit, license or other entitlement disagrees with the determination that a violation exists, he may follow the procedure set forth in Section 20.90.110, if:

1.

It has been determined by the Zoning Administrator, Planning Commission or Board of Supervisors, after review, that no violation of this Title or the remaining portions of the Monterey County Coastal Implementation Plan exists; or

2.

All required work to abate the violation has been completed, and approved by the enforcing officer.

The Director of Planning and Building Inspection may waive the provisions of this Section and Section 20.90.130 for remedial, protective, or preventative work, needed to deal with an emergency situation.

No application for a discretionary land use permit under the authority of the Director of Planning and Building Inspection, the Zoning Administrator, the Planning Commission or the Board of Supervisors, except for a restoration project, shall be deemed complete if there is a violation on said property of a County ordinance which regulates grading, vegetation removal or tree removal until restoration has been implemented on that property and monitoring agreements are in place.

The Director of Planning and Building Inspection may require restoration of the property to its pre-violation state if in his or her opinion it is necessary to correct the violation.

"Restoration" of the property shall include, but not be limited to, the revegetation of native plants and trees and the reconstruction of natural features of the land which have been removed or changed in violation of County ordinances regulating grading, vegetation removal or tree removal. Alternatives to restoration of the property shall not be considered unless the applicant can show that restoration would endanger the public health or safety, or that restoration is unfeasible due to circumstances beyond the control of the applicant or the property owner.

Plans for restoration shall be submitted to and approved by the Director of Planning and Building Inspection prior to the commencement of restoration and the plan shall include a time period to ensure reestablishment of the soil or vegetation.

Application for permits for any use for which a permit is required and where the use has been constructed, placed on the property, operated or has been otherwise established or initiated prior to the application for the permit, in violation of this Title or the remaining portions of the Monterey County Coastal

Implementation Plan, shall require a fee of twice the amount normally charged for the application.

20.90.150 - Conflict in enforcement provisions.

If the provisions of this chapter conflict with or contravene the enforcement provisions contained in the ordinances incorporated by reference in Chapter 20.96 of this Title, the provisions of the ordinances incorporated by reference shall prevail.

Chapter 20.92 - AIRPORT APPROACHES ZONING

Pursuant to the authority conferred by Article XI, Section 7, of the California Constitution, the Board of Supervisors of the County of Monterey, State of California, deems it necessary to create an Airport Approaches Zoning Ordinance for the purpose of promoting the health, safety, and general welfare of the inhabitants of the County of Monterey, by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of airports in the County of Monterey and of the occupants of the land in its vicinity and preventing destruction and impairment of the utility of the airport and the public investment therein.

This chapter shall be known and may be cited as the "Airport Approaches Zoning Ordinance" of the County of Monterey.

For the purpose of this chapter, unless the context otherwise requires, certain terms used in this Title are defined as follows:

A.

Airport means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes.

B.

Airport Elevation means the elevation of the airport reference point.

C.

Airport Hazard means any structure or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.

D.

Airport Reference Point means that point at the geographical center of a public airport as defined in this section and shown on the Airport Approaches Zoning Maps which is also the point established for determining the height limits specified in Section 20.92.060, being the official elevation reference.

E.

City or County means any city, county or city and county.

F.

Height of Structure means the vertical distance from the average level of the highest and lowest point of that portion of the building site covered by the structure to the topmost point of the structure.

G.

Nonconforming Use means any preexisting structure or use of land which does not conform to a regulation prescribed in this Title or an amendment thereto, as of the effective date of such regulations, but which was legal at the time it was constructed or when the use began.

H.

Person means any individual, firm, co-partnership, corporation, company, association, joint stock association, city, county or district and includes any trustee, receiver, assignee.

I.

Planning Commission means the County Planning Commission of the County of Monterey, State of California.

J.

Structure means any object constructed or installed by man, including, but not limited to buildings, towers, smokestacks, and overhead lines.

K.

Landing Area means the area of the airport used for the landing, takeoff, or taxiing of aircraft.

L.

Airport Land Use Commission (ALUC) means a State authorized body existing in any county where there is an airport operated for the general public and served by an air carrier, having the responsibility to develop plans for achieving land use compatibility between airports and their environs.

A.

In order to carry out the purposes of this chapter all land within the boundaries of airports and other lands in the vicinity of the airport are divided into Instrument Approach Zones, Non-Instrument Approach Zones, Transitional Zones, Horizontal Zones and Conical Zones. These zones are based on the "imaginary surfaces" found in Federal Aviation Regulation (FAR) Part 77 (Objects Affecting Navigable Airspace). The boundaries of these zones are shown on the following maps:

1.

Monterey Peninsula Airport Approaches Zoning Map.

2.

Salinas Municipal Airport Approaches Zoning Map.

3.

Mesa Del Rey (King City) Airport Approaches Zoning Map.

4.

Carmel Valley Airport Approaches Zoning Map.

5.

Fritzsche Army Airfield (Fort Ord) Airport Approaches Zoning Map.

The Airport Approaches Zoning Maps and other pertinent documents are on file and available for inspection in the Monterey County Planning and Building Inspection Department.

B.

Where uncertainty exists as to the boundaries of any of the aforesaid districts as described as aforesaid or a shown on said maps, the Planning Commission and the ALUC, upon written application or upon its own motion, shall determine the location of such boundaries.

The several zones established pursuant to Section 20.86.040(A) are designated and defined as follows:

A.

Instrument Approach Zone: An instrument approach zone is established at each end of the instrument runway for instrument landings and takeoffs. The instrument approach zones shall have a width of one thousand (1,000) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of sixteen thousand (16,000) feet at a distance of fifty thousand two hundred (50,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

B.

Noninstrument Approach Zone: A noninstrument approach zone is established at each end of all noninstrument runways for noninstrument landings and takeoffs. The noninstrument approach zone shall have a width of five hundred (500) feet at a distance of two hundred (200) feet beyond each end of the runway, widening thereafter uniformly to a width of one thousand five hundred (1,500) feet at a distance of five thousand two hundred (5,200) feet beyond each end of the runway, its centerline being the continuation of the centerline of the runway.

C.

Transition Zones: Transition zones are established adjacent to each instrument and noninstrument runway and approach zone as indicated on the Airport Approaches Zoning Maps. Transition zones symmetrically located on either side of runways have variable widths as shown on the zoning map. Transition zones extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven (7) to one (1) from the sides of the primary surface and from the sites of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline.

D.

Horizontal Zone: A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

1.

Five thousand (5,000) feet for all runways designated as utility or visual;

2.

Ten thousand (10,000) feet for all other runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a five thousand (5,000) foot arc is encompassed by tangents connecting two adjacent ten thousand

(10,000) foot arcs, the five thousand (5,000) foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.

E.

Conical Zone: A conical zone is established as the area that extends outward and upward from the periphery of the horizontal zone at a slope of twenty (20) to one for a horizontal distance of four thousand (4,000) feet as shown on the Airport Approaches Zoning Maps. The conical zone does not include the instrument approach zones and transition zones.

No structure shall be erected, altered, or maintained in any zone created by this chapter to a height in excess of the height limit established in this section for such zone without first obtaining a Coastal Development Permit. Such height limitations are established for each of the zones in question as follows:

A.

Instrument Approach Zone: One (1) foot in height for each fifty (50) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the instrument runways and extending to a distance of ten thousand two hundred (10,200) feet from the end of the runway; thence one (1) foot in height for each forty (40) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the end of the runway;

B.

Noninstrument Approach Zones: One (1) foot in height for each twenty (20) feet in horizontal distance beginning at a point two hundred (200) feet from and at the centerline elevation of the end of the noninstrument runway and extending to a point five thousand two hundred (5,200) feet from the end of the runway.

C.

Transition Zones: These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven (7) to one (1) from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline.

D.

Horizontal Zone: A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

Five thousand (5,000) feet for all runways designated as utility or visual;

2.

Ten thousand (10,000) feet for all other runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a five thousand (5,000) foot arc is encompassed by tangents connecting two adjacent ten thousand (10,000) foot arcs, the five thousand (5,000) foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.

E.

Conical Zone: One foot in height for each twenty (20) feet of horizontal distance beginning at the periphery of the horizontal zone extending for a horizontal distance of four thousand (4,000) feet, as shown on Airport Approaches Zoning Maps.

Notwithstanding any other provisions of this chapter, no use may be made of land within any zone established by this ordinance which will (1) create electrical interference with navigational signals or radio communications between the airport and aircraft; (2) make it difficult for pilots to distinguish between airport lights and other lights; (3) result in glare in the eyes of pilots using the airport; (4) impair visibility of the airport; or (5) otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft using or intending to use the airport.

A.

The regulations prescribed in Sections 20.92.060 and 20.92.070 shall not be construed to require the removal, lowering or other change or alteration of any structure which was lawfully constructed, but not conforming to these regulations as of the effective date of this chapter, or otherwise interfere with the continuance of any such legal nonconforming use.

B.

Nothing contained in this chapter shall require any change in the construction, alteration or intended use of any structures, the construction or alteration of which was begun prior to the effective date of this chapter, and is diligently pursued and completed within a reasonable time thereof.

C.

Before any nonconforming structure may be replaced, substantially altered, repaired or rebuilt, a Coastal Development Permit must be secured from the Planning Commission.

A.

Authority: The Appropriate Authority shall review and decide appropriate applications for Discretionary Permits under this chapter. All appropriate Discretionary Permit applications in the area encompassed in the zones created by this chapter shall be referred to the Monterey County Airport Land Use Commission for review and recommendations.

B.

Application: Application for a Coastal Development Permit shall be made pursuant to Chapter 20.70.

C.

Public Hearing: A public hearing shall be held pursuant to Chapter 20.84.

D.

Action by Appropriate Authority: In addition to the requirements of Chapter 20.70:

1.

The Appropriate Authority shall not grant a permit which adds to or increase the hazards stated in Section 20.92.070.

2.

No permit shall be granted that would allow a legal nonconforming structure or a legal nonconforming use to become a greater hazard to air navigation than it was on the effective date of this chapter, or than it is when the application for a Coastal Development Permit is made. No such permit shall be required to make maintenance repairs or to replace parts of existing structures which do not enlarge or increase the height of the existing structure.

E.

Conditions; Avigation and Hazard Easements:

1.

A Coastal Development Permit may be allowed subject to any reasonable condition that the ALUC may recommend and Planning Commission may deem necessary to achieve the purposes of this chapter.

2.

Such conditions may include the requirements that an Avigation and Hazard Easement be granted to the airport operator for aircraft overflight and that such easement be recorded with the County Recorder. The easement may include:

a.

Right-of-flight at any altitude above the acquired easement surfaces.

b.

Right to cause noise, vibrations, fumes, dust, and fuel particle emissions.

c.

Right to prevent construction or growth of all structures, objects or natural growth above the acquired easement surfaces.

d.

Right-of-entry to remove, mark, or light any structures or growth above the acquired easement surfaces, or right to require the owner to remove, mark or light.

e.

Right to prohibit creation of electrical interference, unusual light sources, and other hazards to aircraft flight.

f.

Any other limitation that the ALUC may recommend to protect the public's health, safety and welfare.

F.

Appeal.

1.

An appeal to the Board of Supervisors may be filed pursuant to Chapter 20.86.

The following regulations shall apply only within those zones related to the Monterey Peninsula Airport and if any of the regulations specified in this section differ from any of the corresponding regulations specified in this chapter for any zone, then in such case the provisions of this section shall govern:

A.

Nothing in this chapter shall prohibit a structure to a maximum height of thirty-five (35) feet.

B.

Nothing in this chapter shall prohibit a structure that is completely shielded or shadowed from the Airport Reference Point by a natural land formation that is equal or greater in elevation than the structure.

Chapter 20.94 - AMENDMENTS TO TITLE

20.94.010 - Nature of amendments.

A.

This Title may be amended by modification, change, deletion, addition, boundary adjustments, or similar changes to zoning district designations.

B.

This Title also may be amended by modification, change, deletion, addition, or similar changes to the text of any portion or portions of this Title.

Amendments to this Title may be initiated by:

A.

Application by an individual property owner to amend the zoning designation of the owners property; or,

B.

Application by an individual to amend the text provisions of this Title; or,

C.

Resolution of Intention by the Planning Commission of the County of Monterey to consider amendments to either the zoning designation for property or properties or the text provisions of this Title, or both; or,

D.

Resolution of Intention by the Board of Supervisors of the County of Monterey to consider amendments to either the zoning designation of property or properties or the text provisions of this Title, or both.

20.94.030 - Public hearings.

A.

The Planning Commission shall hold at least one public hearing on any proposed amendment pursuant to Chapter 20.84 and Appendix 13 (Local Coastal Program Amendment Procedures) of Part 6 of the Coastal Implementation Plan.

For amendments determined to be de minimis in nature, in consultation with Coastal Commission staff, pursuant to Section 30514 (d) of the Coastal Act, the noticing requirements of Chapter 20.84 and Appendix 13 are modified. De minimus amendments are those which would have no impact, either individually or cumulatively, on coastal resources, are consistent with Coastal Act Chapter 3 policies, and do not involve any change in existing or proposed uses of land or water. Notice may be accomplished by one of the following procedures at least twenty-one (21) days prior to submitting the amendment to the Coastal Commission:

-

Publication, pursuant to Section 6061 of the Government Code, in a newspaper or newspapers of general circulation in the area(s) affected by the proposed amendment;

-

Posting of the notice both onsite and offsite in the area affected by the proposed amendment; or

Direct mailing to the owners and occupants of property affected by and contiguous to that affected by the proposed amendment.

These provisions shall not supersede any of the following provisions. If the Coastal Commission, upon receipt of the proposed amendment, determines that it is not de minimus, additional noticing and hearings will be necessary pursuant to Chapter 20.84 of this Title, Appendix 13 and this chapter.

B.

Zoning District Changes. In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify the property from any district to any other district, the Planning Commission shall give notice in addition to that required by Chapter 20.84 of the time and place of such hearing and of the purpose thereof by posting at least three notices of public hearings not less than ten (10) days prior to the date of the first of such hearings along the street or road upon which the property proposed to be reclassified abuts, and in the general vicinity thereof. Such notices shall consist of the words Notice of Proposed Change of Zoning District, printed or lettered in plain type with letters not less than one inch in height, and in addition thereto, a statement in small type setting forth a general description of the property

hearings along the street or road upon which the property proposed to be reclassified abuts, and in the general vicinity thereof. Such notices shall consist of the words Notice of Proposed Change of Zoning District, printed or lettered in plain type with letters not less than one inch in height, and in addition thereto, a statement in small type setting forth a general description of the property

involved in the proposed change of district, the time at which the public hearing on the proposed change will be held, and any other information which the Planning Commission may deem to be necessary. Any failure to post public notices as aforesaid shall not invalidate any proceedings for amendment of this Title.

When the proposed amendment will affect less than one thousand (1,000) property owners, notice by direct mail to property owners as shown on the latest equalized assessment rolls or alternatively from such other records of the Assessor or Tax Collector which contain more recent addresses in the opinion of the appropriate authority and shall be provided not less than ten (10) days prior to public hearing.

When the proposed amendment will affect more than one thousand (1,000) property owners, in lieu of direct mail notice, notice may be provided by publishing a public notice not less than one-eighth page in size in a newspaper of local circulation published in the County of Monterey.

C.

Following the public hearing(s), the Planning Commission shall make a report of findings and recommendations with respect to the proposed amendment and shall transmit a Resolution of the Planning Commission to the Board of Supervisors setting forth the recommendation of the Planning Commission.

D.

Action by Board of Supervisors:

1.

Upon receipt of such report and resolution from the Planning Commission, the Board of Supervisors shall set the matter for public hearing and shall give notice thereof pursuant to the provision of Chapter 20.84. After conclusion of the public hearings, the Board of Supervisors may deny the proposed amendment; or

adopt a Resolution of "Intent to Approve" the amendment as proposed or adopt any part thereof in such form as the Board may deem advisable.

2.

Should the Board of Supervisors wish to consider any action pursuant to the proposed amendment not considered by the Planning Commission at its public hearing, the matter must be referred to the Planning Commission for recommendation prior to action by the Board of Supervisors.

3.

With the consent of the Planning Commission, any petition for an amendment may be withdrawn upon the written application of a majority of all persons who signed such petition.

4.

The Board of Supervisors or the Planning Commission, as the case may be, may abandon any proceedings for an amendment initiated by it, provided that such abandonment may occur only when such proceedings are before such body for consideration, and provided that any hearing of which public notice has been given shall be held.

5.

Denial of an amendment request by the Board of Supervisors shall be final and no appeal to the California Coastal Commission shall be allowed except Public Works projects undertaken by any authorized person or agency or amendments for energy facilities pursuant to Section 30515 of the Coastal Act.

6.

An amendment to this title or the Monterey County Local Coastal Program as certified by the California Coastal Commission shall not become effective after Board of Supervisors adoption until the amendment is also certified by the California Coastal Commission pursuant to Chapter 6, Article 2 of the California Coastal Act.

7.

The Board of Supervisors shall acknowledge receipt of Coastal Commission certification of amendments. Certified amendments become effective upon formal adoption by the Board of Supervisors.

8.

If the Coastal Commission suggests modifications to the Board-approved amendment, the Board of Supervisors shall consider such modifications at a noticed public hearing. The Board may accept, reject, or suggest alternative language to the Commission's suggested modifications. The Board of Supervisors action is subsequently transmitted to the Coastal Commission. If the modifications are accepted by the Board, the Coastal Commission acknowledges and accepts the Board of Supervisors action, thereby certifying the amendments. If alternative language is suggested by the Board, the Coastal Commission may either accept the language as fulfilling the intent of the suggested modifications, or may not, in which case a new amendment request may be submitted to the Coastal Commission.

Where an application for an amendment is denied by the Board of Supervisors, no new application for an amendment substantially the same as the one denied shall be considered for a period of one year following denial.

Zoning designation reclassifications constituting an amendment to this Title and initiated for the purpose of preserving or enhancing the coastal resources including adding any "B," "A," "HR," "Z" overlay zoning designations shall not require certification by the California Coastal Commission.

A.

The fee for an application to amend provisions of the Title shall be set by the Board of Supervisors by resolution. No part of such fee shall be refundable.

B.

No fee shall be required for amendments properly initiated by petition.

Chapter 20.96 - MONTEREY COUNTY ORDINANCES INCORPORATED BY REFERENCE

The provisions of the following Titles and chapters of the Monterey County Code as may be amended from time to time, copies of which are on file as required by law, are adopted and incorporated into this title by reference:

A.

All chapters of Title 18 (Building and Construction) except:

1.

Chapter 18.40 (Inclusionary Housing)

2.

Chapter 18.44 (Residential and Commercial Water Conservation Measures)

3.

Chapter 18.46 (Regulations to Control Intensification of Water Consumption in the California American Water Company Service Area)

4.

Chapter 18.50 (Residential, Commercial and Industrial Water Conservation Measures)

5.

Chapter 18.51 (Water Impact Fees: North Monterey County Area)

6.

Chapter 18.56 (Wildfire Protection Standards in State Responsibility Areas)

B.

The following Chapter of Title 16

1.

Chapter 16.04 (Surface and Mining Reclamation)

C.

The following Chapters of Title 15 (Public Services):

1.

Chapter 15.04 (Small Water Systems)

2.

Chapter 15.08 (Water Wells)

3.

Chapter 15.21 (Prohibited Discharge of Sewage into Streams)

4.

Chapter 15.22 (Discharge of Contaminants into Waters of the County)

5.

Chapter 15.23 (Sewage Treatment and Reclamation Facilities)