MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.44 – D DISTRICT

20.44.010            PURPOSE.

The purpose of this Chapter is to provide a district for the regulation of the location, size, configuration, materials, and colors of structures and fences in those areas of the County of Monterey where the design review of structures is appropriate to assure protection of the public viewshed, neighborhood character, and to assure the visual integrity of certain developments without imposing undue restrictions on private property.

20.44.020            APPLICABILITY.

A.        The provisions of this Chapter shall apply in all districts with which the Design Control District is combined in addition to the regulations specified for that district and shall be subject to the provisions of Chapter 20.62.  However, if any of the provisions specified in this Chapter differ from the regulations of the district which is combined with a "D" District, then the provisions of this Chapter shall apply.

B.         This Chapter shall apply only to those areas of the County of Monterey in which the visual impacts of structures can be adequately mitigated by regulation of the location, size, configuration, materials and colors, only.

C.        This Chapter shall apply to all of the areas within the following Area Land Use Plans:

1.            Big Sur Coast;

2.            Carmel; and

3.            Del Monte Forest

20.44.030            APPLICATION FOR DESIGN APPROVAL

A.        A Design Approval Application shall be submitted and approved prior to the issuance of building permits for the construction of any structures in the "D" District.

B.         The Design Approval Application shall include:

1. Drawings showing front, side and rear elevations, existing and proposed grades of proposed structures.

            2.         Color samples indicating the proposed color scheme for the structures.

            3.         Plot plans or drawings showing, at scale and in reasonable detail, proposed structure location, topography, existing vegetation, proposed parking layout, proposed landscaping and north arrow.

            4.         Preaddressed stamped  envelopes for all persons to receive public notice pursuant to Section 20.44.050(A).

20.44.040            APPROPRIATE AUTHORITY.

The Appropriate Authority to consider and decide a Design Approval Application shall be:

A.        The Appropriate Authority to consider the discretionary permit combined with the Design Approval Application; or,

B.         The Appropriate Authority for the discretionary permit requiring the Design Approval Application as a condition of approval of that discretionary permit; or,

C.        The Zoning Administrator, except as provided by Section 20.44.040(A), (B), (D) or (E).

D.        The Director of Planning and Building Inspection may approve, in lieu of the Appropriate Authority, plans and submittals in "D" districts for small structures such as structure additions, accessory structures and similar minor structures and minor modifications to approved designs.

E.         The Planning Commission shall be the Appropriate Authority to consider Design Approval applications for those structures which have the greatest potential to impact public views, such as structures along scenic highway or road corridors, in areas designated as critical viewshed, or which may be prominent from common public viewing areas.

20.44.050            PUBLIC NOTICE.

A.        At least 10  days prior to the consideration of a Design Approval Application by an Appropriate Authority, the Director of Planning and Building Inspection shall give notice of such consideration by mailing, postage prepaid, a notice of the time and place of such consideration.  Such notice shall be mailed or delivered in accordance with paragraphs (3) and (5) of Section 20.84.040 A.

B.         No public notice shall be required for actions of the Director of Planning and Building Inspection taken pursuant to Section 20.44.040(D).

20.44.060            ACTION BY THE APPROPRIATE AUTHORITY.

A.        The Appropriate Authority shall consider the size, configuration, materials and colors of the proposed structures to assure that they will comply with the provisions of Section 20.44.010.

B.         The Appropriate Authority  shall require such conditions of the proposed size, configuration, materials and colors as it may deem necessary to assure compliance with the provisions of this Chapter and all other applicable regulations set forth by the Monterey County Local Coastal Program.

C.        The Appropriate Authority after review of such plans as deemed necessary may require a public hearing to be scheduled for the further consideration of said plans.  Such public hearing and appeals, if any, shall be conducted pursuant to the public hearing (Chapter 20.84) and appeal provisions (Chapter 20.86) of this Title.

D.        The standard and criteria of review of the Director of Planning and Building Inspection shall be the same standard and criteria as that of an Appropriate Authority.

E.         The Director of Planning and Building Inspection may refer, at the Director's discretion, Design Approval applications to the Planning Commission for consideration and action.

20.44.070            APPEALS.

Appeals to any action taken by an Appropriate Authority pursuant to this Chapter may be appealed to the Board of Supervisors pursuant to Chapter 20.86 of this Title.

20.44.080            EFFECT.

A.        No building permit shall be issued nor any structure constructed otherwise than in accordance with the conditions and terms of the design approval granted, nor until 10 days after the mailing of notice of granting of such design approval by the Appropriate Authority, or by the Board of Supervisors in the event of appeal.

B.         No building permit shall be issued for any such structure proposed in a "D" combining district unless the size, configuration, materials and colors of such structures  have been approved unless the Building permit is for the replacement of an existing structure and the materials proposed are substantially similar to what exists.  Any such structures for which such approval has been obtained shall be constructed substantially in accordance with such approval and no change shall be made without the approval for such change having first been obtained.

20.44.090        FEES.

The application fee for a Design Approval 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 Design Approval 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.