MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.94 – AMENDMENTS

20.94.010            NATURE OF AMENDMENTS.

A.        This Title may be amended by modification, change, deletion, addition, boundary adjustments, or similar changes to zoning district designations.

B.         This Title also may be amended by modification, change, deletion, addition, or similar changes to the text of any portion or portions of this Title

20.94.020            INITIATION OF AMENDMENTS.

Amendments to this Title may be initiated by:

A.            Application by an individual property owner to amend the zoning designation of the owners property; or,

B.            Application by an individual to amend the text provisions of this Title; or,

C.            Resolution of Intention by the Planning Commission of the County of Monterey to consider amendments to either the zoning designation for property or properties or the text provisions of this Title, or both; or,

D.            Resolution of Intention by the Board of Supervisors of the County of Monterey to consider amendments to either the zoning designation of property or properties or the text provisions of this Title, or both.

20.94.030            PUBLIC HEARINGS.

A.        The Planning Commission shall hold at least 1 public hearing on any proposed amendment pursuant to Chapter 20.84 and Appendix 13 (Local Coastal Program Amendment Procedures) of Part 6 of the Coastal Implementation Plan.

            For amendments determined to be de minimis in nature, in consultation with Coastal Commission staff, pursuant to Section 30514(d) of the Coastal Act, the noticing requirements of Chapter 20.84 and Appendix 13 are modified.  De minimus amendments are those which would have no impact, either individually or cumulatively, on coastal resources, are consistent with Coastal Act Chapter 3 policies, and do not involve any change in existing or proposed uses of land or water.  Notice may be accomplished by one of the following procedures at least 21 days prior to submitting the amendment to the Coastal Commission:

-           publication, pursuant to Section 6061 of the Government Code, in a newspaper or newspapers of general circulation in the area(s) affected by the proposed amendment;

-           posting of the notice both onsite and offsite in the area affected by the proposed amendment; or

-           direct mailing to the owners and occupants of property affected by and contiguous to that affected by the proposed amendment.

These provisions shall not supersede any of the following provisions.  If the Coastal Commission, upon receipt of the proposed amendment, determines that it is not de minimus, additional noticing and hearings will be necessary pursuant to Chapter 20.84 of this Title, Appendix 13 and this Chapter.

B.         Zoning District Changes.

In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify the property from any district to any other district, the Planning Commission shall give notice in addition to that required by Chapter 20.84 of the time and place of such hearing and of the purpose thereof by posting at least 3 notices of public hearings not less than 10 days prior to the date of the first of such hearings along the street or road upon which the property proposed to be reclassified abuts, and in the general vicinity thereof.  Such notices shall consist of the words Notice of Proposed Change of Zoning District, printed or lettered in plain type with letters not less than one inch in height, and in addition thereto, a statement in small type setting forth a general description of the property involved in the proposed change of district, the time at which the public hearing on the proposed change will be held, and any other information which the Planning Commission may deem to be necessary. Any failure to post public notices as aforesaid shall not invalidate any proceedings for amendment of this Title.

When the proposed amendment will affect less than 1,000 property owners, notice by direct mail to property owners as shown on the latest equalized assessment rolls or alternatively from such other records of the Assessor or Tax Collector which contain more recent addresses in the opinion of the appropriate authority and shall be provided not less than 10 days prior to public hearing.

When the proposed amendment will affect more than 1,000 property owners, in lieu of direct mail notice, notice may be provided by publishing a public notice not less than 1/8 page in size in a newspaper of local circulation published in the County of Monterey.

C.            Following the public hearing(s), the Planning Commission shall make a report of findings and recommendations with respect to the proposed amendment and shall transmit a Resolution of the Planning Commission to the Board of Supervisors setting forth the recommendation of the Planning Commission.

D.        Action by Board of Supervisors:

1.         Upon receipt of such report and resolution from the Planning Commission, the Board of Supervisors shall set the matter for public hearing and shall give notice thereof pursuant to the provision of Chapter 20.84. After conclusion of the public hearings, the Board of Supervisors may deny the proposed amendment; or adopt a Resolution of "Intent to Approve" the amendment as proposed or adopt any part thereof in such form as the Board may deem advisable.

2.         Should the Board of Supervisors wish to consider any action pursuant to the proposed amendment not consid­ered by the Planning Commission at its public hearing, the matter must be referred to the Planning Commission for recommendation prior to action by the Board of Supervisors.

3.         With the consent of the Planning Commission, any petition for an amendment may be withdrawn upon the written application of a majority of all persons who signed such petition.

4.         The Board of Supervisors or the Planning Commission, as the case may be, may abandon any proceedings for an amendment initiated by it, provided that such abandonment may occur only when such proceedings are before such body for consideration, and provided that any hearing of which public notice has been given shall be held.

5.         Denial of an amendment request by the Board of Supervisors shall be final and no appeal to the California Coastal Commission shall be allowed except Public Works projects undertaken by any authorized person or agency or amendments for energy facilities pursuant to Section 30515 of the Coastal Act.

6.         An amendment to this title or the Monterey County Local Coastal Program as certified by the California Coastal Commission shall not become effective after Board of Supervisors adoption until the amendment is also certified by the California Coastal Commission pursuant to Chapter 6, Article 2 of the California Coastal Act.

7.         The Board of Supervisors shall acknowledge receipt of Coastal Commission certification of amendments.  Certified amendments become effective upon formal adoption by the Board of Supervisors.

8.         If the Coastal Commission suggests modifications to the Board-approved amendment, the Board of Supervisors shall consider such modifications at a noticed public hearing.  The Board may accept, reject, or suggest alternative language to the Commission's suggested modifications.  The Board of Supervisors action is subsequently transmitted to the Coastal Commission.  If the modifications are accepted by the Board, the Coastal Commission acknowledges and accepts the Board of Supervisors action, thereby certifying the amendments.  If alternative language is suggested by the Board, the Coastal Commission may either accept the language as fulfilling the intent of the suggested modifications, or may not, in which case a new amendment request may be submitted to the Coastal Commission.

20.94.040            REAPPLICATION.

Where an application for an amendment is denied by the Board of Supervisors, no new application for an amendment substantially the same as the one denied shall be considered for a period of 1 year following denial.

20.94.050            FEES.

A.        The fee for an application to amend provisions of the Title shall be set by the Board of Supervisors by resolution.  No part of such fee shall be refundable.

B.         No fee shall be required for amendments properly initiated by petition.

20.94.042        ZONING CHANGES AND AMENDMENTS NOT SUBJECT TO CALIFORNIA COASTAL COMMISSION CERTIFICATION

Zoning designation reclassifications constituting an amendment to this Title and initiated for the purpose of preserving or enhancing the coastal resources including adding any "B", "A", "HR", "Z" overlay zoning designations shall not require certification by the California Coastal Commission.