Title 20.76(Coastal)

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MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.76 – COASTAL ADMINISTRATIVE PERMITS

20.76.010 PURPOSE.

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.

20.76.020 APPLICABILITY.

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.

20.76.030 APPROPRIATE AUTHORITY.

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.


20.76.040 PUBLIC NOTICE.

A. Not less than 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 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 100 acres where development is proposed on a small portion of the parcel and notice to property owners and legal residents within 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 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 10 calendar days prior to consideration of the Coastal Administrative Permit, the Appropriate Authority shall provide the applicant with not less than 3 public hearing notices. Said notices are to be posted in 3 public places on and near the subject property. The notices shall be posted in places accessible and visible to the public. At least ten 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 10 calendar days prior to consideration of the Coastal Administrative Permit the Appropriate Authority shall publish notice of said consideration in at least 1 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.

20.76.050 ACTION BY APPROPRIATE AUTHORITY.

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 15 working days from the day it is deemed complete or it shall be deemed approved. The 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.

20.76.060 REFERRAL TO PUBLIC HEARING.

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.

20.76.070 REVOCATION.

A. Where 1 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.

20.76.080 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 unless otherwise specified by the Appropriate Authority, any permit which allows a use without the construction of structures or other structures, shall expire 2 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 2 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.

20.76.090 EFFECT.

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 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 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.


20.76.100 REAPPLICATION.

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 1 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, 50% of the filing fee shall be refunded.

20.76.115 AMENDMENTS TO COASTAL ADMINISTRATIVE PERMITS.

Proposed amendments to any coastal adminsitrative 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 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.

20.76.120 EXTENSION OF COASTAL ADMINISTRATIVE PERMITS.

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 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.


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