MONTEREY COUNTY ZONING ORDINANCE - TITLE 21

21.70 – ADMINISTRATIVE PERMITS

21.70.010            PURPOSE.

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

B.         It is the further purpose of this Chapter, by allowing 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.

21.70.020            APPLICABILITY.

Any development identified within the zoning district regulations as being a permitted use requiring an Administrative Permit is subject to the provisions of this Chapter.

21.70.030            APPROPRIATE AUTHORITY.

The Director of Planning and Building Inspection or the Zoning Administrator is the Appropriate Authority to consider Administrative Permits unless the matter is referred to public hearing under Section 21.70.060.  In such case the Zoning Administrator is the Appropriate Authority to hear and consider Administrative Permits.

21.70.040            PUBLIC NOTICE.

A.        Not less than ten calendar days prior to consideration of the Administrative Permit, the Appropriate Authority shall give notice of such consideration by mailing, postage prepaid, a notice of such consideration to all persons owning property within 300 feet of the exterior boundaries of the property to be occupied by the use for which the  permit was applied.  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 calendar days prior to consideration of the 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 near the subject property.  The notices shall be posted in places accessible and visible to the public.


C.        Not less than ten calendar days prior to consideration of the 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.        All persons receiving notice pursuant to Section 21.70.040(A) or requesting such notice shall be notified in writing of the issuance of an Administrative Permit which was approved without public hearing.  Said notice shall include information relative to the appeal rights and procedure for Administrative Permits.

21.70.050            ACTION BY APPROPRIATE AUTHORITY.

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

B.         An Administrative Permit application which has been deemed complete shall be acted on or be set for public hearing by the Appropriate Authority within fifteen working days or it shall be deemed approved.  The fifteen day time limit may be extended with the mutual consent of the Appropriate Authority and the applicant.

C.        In acting on an 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 General Plan, applicable area plan, master plan, specific plan, site suitability, environmental issues 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 21 and that all zoning violation abatement costs have been paid.

D.        The Appropriate Authority may designate such conditions in connection with the Administrative Permit as it deems necessary to secure the purposes of this Title.  Such conditions may include monitoring, at reasonable times and intervals, to assure compliance with the conditions set forth in the permit.  Other 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 21.80.

21.70.060            REFERRAL TO PUBLIC HEARING.

A.        An 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, based on a substantive issue, for a public hearing by one or more  owners or residents in the area.

B.         If a public hearing is required, it shall be noticed and conducted pursuant to the public hearing provisions of Chapter 21.78.

21.70.070            REVOCATION.

A.          Where one or more of the conditions of an Administrative Permit have not been, or are not being complied with, or when an 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 Administrative  Permit following public hearing pursuant to Chapter 21.78.

B.         An appeal may be taken from such revocation or modification pursuant to Chapter 21.80.

21.70.080          EXPIRATION.

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 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 any permit granted under this Chapter which allows for the construction of structures 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.

21.70.090            EFFECT.

No building permit shall be issued, nor any use conducted, otherwise than in accordance with the conditions and terms of the Administrative Permit granted, nor until ten days after the mailing of notice of granting of such Administrative Permit by the Appropriate Authority.  In the event of appeal to the Board of Supervisors, the building permit may be issued upon resolution of the appeal in accordance with the terms and conditions of the Administrative Permit.


21.70.100            REAPPLICATION.

When an application or portion of a Administrative Permit for a Administrative Permit is denied by the appropriate authority, the Zoning Administrator or Board of Supervisors, no new application for a Administrative Permit substantially the same as the one or part denied shall be considered for a period of one year following such denial.

21.70.110            FILING FEE.

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

21.70.120            EXTENSION OF ADMINISTRATIVE PERMITS.

A.        The Appropriate Authority may extend an Administrative Permit upon receipt of a written request from the permittee, provided such request is made at least thirty days prior to the expiration of the Administrative 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 21.70.040  of this Title.