MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.82 – COMBINED DEVELOPMENT PERMITS

20.82.010            PURPOSE.

A.        The purpose of this Chapter is to provide a process whereby a development requiring a multiple of discretionary permits pursuant to Title 20 (Zoning) and Title 19 (Subdivisions), Monterey County Code, may be considered under a single discretionary permit encompassing all phases and aspects of the development.

B.         It is the further purpose of this Chapter, by allowing multiple discretionary permits to combine, to expedite work flow, reduce the time needed to process and consider applications, reduce the number of required hearings, and decrease the impact in time, materials and cost to the developer and the County of making and considering multiple applications.

20.82.020            APPLICABILITY.

A.        Any person desiring to develop property consisting of an individual parcel or contiguous parcels which under the terms of Title 20 (Zoning) and Title 19 (Subdivisions), Monterey County Code, requires more than one discretionary permit, may apply for a Combined Development Permit, pursuant to the regulations set forth in this Chapter.

B.         The provisions of this Chapter shall apply in all zoning districts in the unincorporated areas of Monterey County.  Where the provisions of this Chapter differ from other provisions of Title 20 or Title 19, Monterey County Code, the regulations of this Chapter shall apply.  However, the provisions of this chapter shall not supersede any requirements for processing Coastal Development Permits or Coastal Administrative Permits.

20.82.030             APPROPRIATE AUTHORITY.

A.        The Appropriate Authority to consider a Combined Development Permit shall be the Planning Commission, Zoning Administrator, Minor Subdivision Committee or Board of Supervisors.  The basis for the designation shall be that the body established under State Law, Title 19 (Subdivisions), Monterey County Code, or Title 20 (Zoning), Monterey County Code, as the decision making body for the principal land use shall be the decision making body for the Combined Development Permit.  Should the Combined Development Permit include any permit normally considered by the Planning Commission, then the Planning Commission shall consider the entire Combined Development Permit, including Variances.

B.         The Planning Commission shall act as the recommending body to the Board of Supervisors when said Board is the Appro­priate Authority for the Combined Development Permit.  Said Board shall not act on a Combined Development Permit with­out prior review and recommendation of the Planning Commission on both the environmental and land use issues.  The Planning Commission recommendation shall be made only after public hearing by the Planning Commission.

20.82.040            APPLICATION.

Application for a Combined Development Permit shall be made to the Appropriate Authority in writing on a form prescribed by the Director of Planning and Building Inspection and shall be accompanied by statements, plans, and elevations necessary to show the detail of the proposed use or structure.

20.82.050            ACTION BY APPROPRIATE AUTHORITY.

A.        All Combined Development Permits require a public hearing pursuant to Chapter 20.84.

B.         The Appropriate Authority may in its consideration of a Combined Development Permit grant or deny, in whole or in part, or modify said permit.

C.        In acting on a Combined Development 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 General Plan, area plans, site suitability, environmental issues and Variance hardships, where applicable.  If there is a Variance request it must be processed with a combined application.

D.        The Appropriate Authority may designate such conditions in connection with the Combined Development 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 such 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 bond 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.

20.82.060            REVOCATION.

A.        Where one or more of the conditions of a Combined Development Permit have not been, or are not being complied with, or when a Combined Development Permit was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant, the Appropriate Authority may revoke or modify the Combined Development Permit following public hearing pursuant to Chapter 20.84 of this Title.

B.         Where only a portion of the overall project approved by a Combined Development Permit is considered to be subject to revocation or modification pursuant to Section 20.82.060(A) only that portion of the project shall be considered for revocation or modification.

C.        An appeal may be taken from such revocation or modification pursuant to Chapter 20.86.

20.82.070            EXPIRATION.

A.        Any Combined Development 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 decision making body, any permit which allows a use, excluding a use which contemplates the construction of buildings 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 decision making body, 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.            Exception may be made to Section 20.82.070(A) when the Combined Development Permit includes a subdivision approval.  In such case the Combined Development Permit shall include specific conditions regarding expiration pursuant to the expiration and extension provisions in Title 19, Monterey County Code.

D.        In case of an appeal, the term of the permit shall not begin until the date of the resolution of the appeal.

20.82.080            EFFECT.

Building permits shall not be issued, nor any use conducted, otherwise than in accordance with the conditions and terms of the Combined Development Permit granted nor until ten days after the mailing of notice of granting of such Combined Development Permit by the Appropriate Authority, or, after granting of such Combined Development Permit by the Board of Supervisors and/or the California Coastal Commission in the event of appeal.  For Combined Development 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.

20.82.090            REAPPLICATION.

When an application or portion of a Combined Development Permit for a Combined Development Permit is denied by the Appropriate Authority, Board of Supervisors, and/or the California Coastal Commission no new application for a Combined Development Permit substantially the same as the one denied shall be considered for a period of 1 year following such denial.

20.82.100            FILING FEE.

The filing fee for a Combined Development Permit shall be equal to the total combined filing fee for the permits incorporated into the Combined Development Permit.  No part of such fee shall be refundable unless said refund is requested in writing concurrent with the withdrawal of the Combined Development Permit and provided the applicant has not yet been sent written notice of the applications completeness or incompleteness.  In such case, 50% of the filing fee shall be refunded.

20.82.110            EXTENSION OF COMBINED DEVELOPMENT PERMITS.

A.        The Director of Planning and Building Inspection may extend a Combined Development Permit upon receipt of a written request from the permittee, provided such request is made at least 30 days prior to the expiration of the Combined Development 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 20.84.040A of this Title.