MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.64.230 – DEVELOPMENT ON SLOPES IN EXCESS OF 30%

20.64.230        REGULATIONS FOR DEVELOPMENT ON SLOPES IN EXCESS OF 30% 

A.            Purpose:  The purpose of this Section is to establish regulations, procedures and standards to consider development on slopes in excess of 30% (25% in North County). In areas within the North County Land Use Plan boundaries 25% shall replace 30% throughout this Section.

B.            Applicability:  The provisions of this Section are applicable in all zoning districts for all proposed development on slopes in excess of 30%.

C.            Regulations.

1.         All development on slopes of 30% or more requires a Coastal Development Permit, except as provided in Section 20.64.230 (C) (2) and (3).

2.         The following development may be allowed on slopes exceeding 30% provided a Coastal Administrative Permit is first obtained:

a. soils tests, percolation tests, geologic tests and similar exploratory tests;

b. excavations on man-made slopes provided:

i.)          the excavation does not exceed 100 hundred cubic yards; and

ii.)         the excavation does not exceed 2 feet in depth; and

iii.) the excavated slopes is not steeper than the 1-1/2 horizontal to 1 vertical;

c.           fills on man-made slopes provided:

i.)          the fill contains earth material only; and

ii.)         the fill does not exceed 100 cubic yards; and

iii.)        the fill does not exceed 2 feet in depth; and

iv.) the fill is not placed on a man-made slope in excess of 1-1/2 horizontal to 1 vertical.

d. additions to existing structures on natural or man-made slopes provided the addition does not exceed 120 square feet on the slope area.

3.         Internal remodeling and second story additions of portions of structures existing on slopes of 30% or more are exempt from Coastal Development Permit and Coastal Administrative Permits provided such remodeling or additions causes no site disturbance on slopes of 30% or more.

D.            Appropriate Authority

The Appropriate Authority to consider Coastal Development Permit pursuant to Section 20.64.230(1) is the Monterey County Planning Commission unless such Coastal Development Permit is combined with another discretionary permit required to be considered by another body.  In such case, that body shall be the Appropriate Authority for the Coastal Development Permit.

E.         Action of the Appropriate Authority

1.         In order to approve development on slopes of 30% or more, the Appropriate Authority must find, in addition to other necessary findings, based on substantial evidence, that:

a) there is no feasible alternative which would allow development to occur on slopes of  less than 30%; or

b) that the proposed development better achieves the goals, policies and objectives of the Monterey County Local Coastal Program than other development alternatives.

2.         The Appropriate Authority shall require such conditions and changes in the development as it may deem necessary to assure compliance with Section 20.64.230(E) (1).