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, except agricultural 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.

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 21.62. 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.

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 21.44.050(A).

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 21.44.040A, B, D, or E.

D.

The Director of Planning 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.

The Director of Planning is the Appropriate Authority to consider all Design Approval applications in the Farmlands (F), Permanent Grazing (PG) and Rural Grazing (RG) Zoning Districts.

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 have a substantial adverse visual impact from common public viewing areas.

(Ord. No. 5135, § 122, 7-7-2009)

A.

At least ten (10) days prior to the consideration of a Design Approval Application by an Appropriate Authority, the Director of Planning 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 21.78.040A.

B.

No public notice shall be required for actions of the Director of Planning taken pursuant to Section 21.44.040D.

(Ord. No. 5135, § 123, 7-7-2009)

A.

The Appropriate Authority shall consider the size, configuration, materials and colors of the proposed structure to assure that they will comply with the provisions of Section 21.44.010.

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 Section 21.44.010.

C.

The Appropriate Authority after review of such plans as deemed necessary may require a public hearing to be schedule the further consideration of said plans. Such public hearing and appeals, if any, shall be conducted pursuant to the public hearing (Chapter 21.78) and appeal provisions (Chapter 21.80) of this Title.

D.

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

E.

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

(Ord. No. 5135, § 124, 7-7-2009)

Appeals to any action taken by an Appropriate Authority pursuant to this Chapter may be appealed to the Board of Supervisors pursuant to Chapter 21.80 of this Title.

A.

No building permit shall be issued nor any structure constructed otherwise than in accordance with the condition terms of the design approval granted, nor until ten 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. Any such structures for which such approval has been obtained shall be constructed substantially in accordance with approval and no change shall be made without the approval for such change having first been obtained.

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 application's completeness or incompleteness. In such cases, fifty (50) percent of the filing fee shall be refunded.

The following activities in the Farmlands (F), Permanent Grazing (PG), and Rural Grazing (RG) zoning districts are exempt from the provisions of this Chapter:

A.

Repair and maintenance of existing agricultural facilities and structures including, but not limited to, roads, fences, watering facilities, water tanks, barns, storage buildings and windmills.

B.

The establishment, maintenance and modification of agricultural operations including, but not limited to, changes in crops, brush removal and disposal, crop rotations, grazing, farm and ranch roads, planting, harvesting and reservoirs.

C.

Replacement of agricultural structures, provided the replacement structure does not exceed the height, floor area, lot coverage or bulk of the structure to be replaced by more than ten (10) percent.