Monterey County Municipal Code Ch. 18.48 Regulations Regarding Development in the Carmel Valley Master Plan Area

A. The County of Monterey has adopted the Carmel Valley Master Plan. The Carmel Valley Master Plan provides the goals, policies and objectives for development in the Carmel Valley. Of paramount concern in the plan is the protection of valuable resources, including visual resources, habitats, agricultural lands, and developing residential areas.

B. The County of Monterey is currently in the process of developing an implementation plan, including zoning districts and regulations, permit processes and mapping for the Carmel Valley Master Plan areas. Because of numerous implementing actions that need to be taken, said implementation plan is not expected to be completed until the latter part of 1989.

C. The County of Monterey currently reviews all projects for consistency with the land use plan segments of said Plan. In some cases, particularly in areas of visual sensitivity, the current review process is limited due to current statutory limitations, particularly in the areas of the public review and hearing process.

D. This urgency ordinance is necessary to provide a uniform process for the review and consideration of projects in the Carmel Valley Master Plan areas and to adequately implement policies in the land use plans prior to the adoption of a full implementation program.

E. In order to avoid the grant of ministerial permits inconsistent with the Carmel Valley Master Plan and future implementation plans, it is necessary for the Board of Supervisors of the County of Monterey to enact an urgency ordinance which would apply certain regulations to development in the unincorporated areas of Monterey County located within the boundaries of the Carmel Valley Master Plan and which would be effective beyond the normal statutory limits allowed for interim ordinances.

F. There is a current and immediate threat to the public health, safety, or welfare, and that approval of additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use except as specifically exempted herein, would result in a threat to public health, safety, or welfare.

(Ord. 3336, 1988)

The regulations set forth in this Chapter shall apply to the unincorporated portion of Monterey County within the boundaries of the Carmel Valley Master Plan Area. The terms of this Chapter shall not apply to any project an application for which was on file with the Department of Planning on or prior to June 2, 1987.

(Ord. 3336, 1988)

(Ord. No. 5135, § 35, 7-7-2009)

A. All development as defined by the Monterey County General Plan in the Carmel Valley Master Plan area not otherwise requiring a discretionary permit pursuant to Title 19 (Subdivisions) or Title 21 (Zoning), Monterey County Code shall require a Special Permit, except the following minor developments shall not require a Special Permit:

1. Maintenance, alteration or addition to existing single family dwellings.

2. Maintenance, alteration or addition to non-habitable accessory structures.

3. Maintenance, alteration or addition to non-residential structures, except in commercial districts.

4. Replacement of any structures destroyed by natural disaster provided such replacement conforms to applicable zoning requirements, be for the same use as the destroyed structure, shall not exceed either the floor area height or bulk of the destroyed structure by more than ten (10) percent and shall be sited in essentially the same location as the destroyed structure.

5. Projects undertaken by an individual or agency as emergency measures to protect life and property in imminent danger or to restore, repair or maintain public works, utilities and services during and immediately following a natural disaster or accident.

6. New single family dwellings on vacant lots of record, and all new accessory structures where such development in the opinion of the Director of Planning, after field review:

a. Constitutes an infilling of an established residential area, and

b. Does not have the potential to have an adverse visual impact on the property or the area.

B. All subdivisions and development of residences in addition to the first or existing residences on a lot of record shall be subject to the provisions of Chapter 20.89, Title 20, Monterey County Code (Regulations for Residential Allocation or RAZ Districts), Chapter 19.21, Title 19, Monterey County Code (Preliminary Project Review), and other existing County ordinance with the following exception:

1. Division of property where a residential unit exists and no new vacant lots are created.

C. Application for a Special Permit shall be made to the Monterey County Planning Commission and said Planning Commission shall have the power to hear and decide applications for, and to issue Special Permits.

1. A fee for such Special Permits shall be set by the Board of Supervisors. No part of such fee shall be refundable.

2. A public hearing shall be held after filing of application, and after the determination of the Zoning Administrator that the information submitted by the applicant is sufficient to consider the matter.

3. Notice for the public hearing on Special Permits shall be given as follows: the Planning Department shall give notice of the proposed permit to the public via the following at least ten (10) days prior to the Planning Commission hearing:

a. Publication in a newspaper of general circulation within the County;

b. Posting in conspicuous public places in at least three places in the area of the subject property including one public place in the area directly affected by the permit;

c. Mailing to all owners of real property within three hundred (300) feet of the subject property as shown on the latest equalized assessment roll (or more current assessment records);

d. Mailing to all those persons who have requested notice.

5. The Planning Commission may impose such conditions to the approval of a Special Permit as it deems necessary to secure the purpose of this Chapter.

(Ord. 3336, 1988)

No building permit shall be issued, nor any use conducted, otherwise than in accordance with the conditions and terms of the special permit granted and not until ten (10) days after the mailing of notice of granting of such special permit by the Planning Commission, or in the event of a to the Board of Supervisors, until the final determination thereof.

(Ord. 3336, 1988)

A. It shall be the duty of the Zoning Administrator of the County of Monterey, State of California, and all officers and employees of said County herein charged by law with the enforcement of this Chapter to enforce all the provisions of same.

B. Repealed.

C. Any building or structure set up, erected. constructed, altered, enlarged, converted, moved, or maintained, contrary to the provisions of this Chapter, and/or any use of any land, building, 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 Chapter and a public nuisance.

D. Repealed.

E. Repealed.

F. Repealed.

G. Repealed.

(Ord. 3659 § 8, 1993)

Appeals to the Board of Supervisors may be taken by the applicant or any other person from decisions of the Planning Commission upon an application for a special permit. Such appeal shall be made pursuant to Section 20.96.050 (Use Permits) Title 20, Monterey County Code.

(Ord. 3336, 1988)

Should any person, firm or corporation violate the terms of this Chapter and any action is authorized either by the Board of Supervisors, County Counsel, or District Attorney, or is in fact filed by said agencies for said violation, no other action shall be taken on any application filed by or on behalf of said person, firm or corporation until the litigation has been resolved.

(Ord. 3336, 1988)

Based on the findings herein, this Chapter shall take effect immediately upon its adoption. This Chapter shall be reviewed by the Board of Supervisors one year after its effective date, or earlier upon staff recommendation, and annually thereafter.

(Ord. 3336, 1988)