Editor's note— Ord. No. 5177, § 50, adopted May 24, 2011, repealed the former Section 21.64.010 in its entirety, which pertained to regulations for senior citizen units and derived from original codification.

A.

Purpose: The purpose of this Section is to establish the regulations, standards and circumstances under which sleeping facilities not integral to the main dwelling may be established. Such facilities are intended for limited sleeping and living purposes, but not for independent living purposes, permanent residential use, or rental purposes.

B.

Applicability: The provisions of this Section are applicable in all zoning districts which allow guesthouses.

C.

Regulations: The guesthouse shall be a permanent detached structure or an attached structure lacking internal circulation with the main residence. The guesthouse may include living and sleeping area but shall be without kitchen or cooking facilities. The guesthouse shall be clearly subordinate and incidental to a main residence on the same building site.

A guesthouse shall be subject to the following standards:

1.

Only one guesthouse shall be allowed per lot.

2.

Detached guesthouses shall be located in close proximity to the principal residence.

3.

Guesthouses shall share the same utilities with the main residence, unless prohibited by public health requirements.

4.

The guesthouse shall contain no kitchen or cooking facilities, including but not limited to microwave ovens, hot plates, and toaster ovens.

5.

There shall be a maximum of six linear feet of counter space, excluding counter space in a bathroom. There shall be a maximum of eight square feet of cabinet space, excluding clothes closets.

6.

Guesthouses shall not exceed six hundred (600) square feet of livable floor area.

7.

Guesthouses shall not be separately rented, let or leased from the main residence whether compensation be direct or indirect.

8.

Prior to the issuance of permits for guesthouse construction, or for use of an existing structure as a guesthouse, the applicant shall record a deed restriction stating the regulations applicable to the guesthouse, including that the guesthouse not be separately rented, let or leased from the main residence and shall not have cooking or kitchen facilities.

9.

Subsequent subdivisions which divide a main residence from a guesthouse shall not be permitted.

10.

The guesthouse shall be designed in such a manner as to be visually consistent and compatible with the main residence on site and other residences in the area.

11.

The guesthouse height shall not exceed fifteen (15) feet nor be more than one story. Additions to height and placement of guesthouses over a one-story structure, such as a garage, may be considered by Use Permit (ZA) when intended to provide for architectural consistency and compatibility with the main residence.

D.

Any guesthouse proposal which does not comply with the provisions of this Section shall require a Use Permit. If the modification to the provisions of this Section are for other than the height of the guesthouse pursuant to Section 21.64.020C11, a variance shall also be required. The Zoning Administrator shall be the Appropriate Authority to consider said permits.

A.

Purpose. The purpose of this Section is to establish the regulations, standards and circumstances under which an Accessory Dwelling Unit and Junior Accessory Dwelling Unit, accessory to an existing or proposed main residence on a lot, may be permitted and to establish a means for creating affordable housing in Monterey County. These regulations update prior County regulations related to Accessory Dwelling Units and enact regulations related to Junior Accessory Dwelling Units in order to implement and comply with legislative amendments to Government Code section 65852.2 regarding Accessory Dwelling Units and Government Code section 65852.22 regarding Junior Accessory Dwelling Units as of January 1, 2020. Accordingly, these regulations shall apply to all applications for Accessory Dwelling Units and Junior Accessory Dwelling Units after the ordinance enacting these updated regulations takes effect.

B.

Definitions.

The definitions in Chapter 21.06 shall apply. Unless otherwise expressly stated, whenever used in this Section 21.64.030, the following terms shall have the meanings set forth below:

1.

"Accessory Dwelling Unit" ("ADU") has the same meaning as "Dwelling unit, accessory" set forth in Section 21.06.372.

2.

"Junior Accessory Dwelling Unit" ("JADU") has the same meaning as "Dwelling unit, junior accessory" set forth in Section 21.06.374.

3.

"Legally constructed structure" means a structure that was constructed with all land use and construction permits that were required at the time of construction.

C.

Applicability. This section is applicable in all zoning districts which allow Single Family and Multiple Family Dwellings.

1.

County plans and regulations to limit residential growth, including unit caps, do not apply to ADUs and JADUs. However, except as provided in C.2 below, ADUs are prohibited in certain areas of the unincorporated area of the County because of lack of adequate water and/or sewer services and the impact of ADUS on traffic flow and safety. Pursuant to the 2010 General Plan, adopted Specific Plans, and Title 21, ADUs are not be permitted in the following resource-constrained non-coastal areas of unincorporated Monterey County, except as otherwise provided in these regulations or except as required by Government Code section 65852.2:

a.

Areas subject to a B-8 zoning overlay.

b.

North County Planning Area per General Plan Policy NC-1.5, except Accessory Dwelling Units may be allowed within the Castroville Community Plan area.

c.

That portion of the Toro Planning Area which is shown on Figure LU-10 of the 2010 General Plan as being limited to the first single family home on a legal lot of record per General Plan Policy T-1.7.

d.

That portion of the Greater Salinas Planning Area with residential land use designations north of the City of Salinas, generally between Williams Road and Highway 101 which is shown on Figure LU-7 of the 2010 General Plan as being limited to the first single family home on a legal lot of record per General Plan Policy GS-1.13.

e.

Areas for which the County has adopted a Specific Plan, except as expressly permitted by the Specific Plan.

2.

a.

If, per state law, one detached, newly constructed ADU is allowable within the resource-constrained areas designated in Section C.1 above, such ADU shall be subject to the following limitations:

i.

The total floor area of the ADU shall not exceed eight hundred (800) square feet; and

ii.

Side and rear lot line setbacks for the ADU shall be a minimum of four (4) feet and must also be sufficient for fire and safety; and

iii.

The height of the ADU shall not exceed sixteen (16) feet.

b.

If, per state law, one ADU or JADU within a proposed single family dwelling or within an existing single family dwelling or accessory unit is allowable within the resource-constrained areas designated in Section C.1 above, such ADU or JADU shall be subject to the following limitations:

i.

The ADU or JADU must be located within the space of an existing or proposed single family dwelling, or if within an existing accessory structure, it may include an expansion of the accessory structure of not more than one hundred fifty (150) square feet beyond the existing physical dimensions of the existing accessory structure to accommodate ingress and egress;

ii.

The space must have exterior access from the proposed or existing single family dwelling;

iii.

Side and rear lot line setbacks must be sufficient for fire and safety; and

iv.

A JADU must comply with all requirements of state law and this section as applicable.

3.

Units previously permitted by the County as a "Senior Citizen" unit or a "Caretaker" unit prior to the adoption of these regulations shall be considered an ADU for the purposes of this Section.

4.

Units previously permitted by the County as a "Guesthouse" prior to the adoption of these regulations for ADU may be converted to an ADU subject to these regulations, including in areas listed in Section 21.64.030.C.1 above.

D.

In an effort to simplify the application process locally and ensure conformance with state law which has been periodically amended, the County shall apply the regulations and standards contained in Government Code Sections 65852.2 and 65852.22 and Civil Code Section 4751, as applicable and as may be amended, for the permitting of ADUs and JADUs, as supplemented by the standards in this Section; in the event of a conflict between state ADU and JADU law and this Section, state law will control.

E.

ADU and JADU Regulations: ADUs and JADUs are subject to the following local regulations in addition to Government Code Sections 65852.2 or 65852.22 and Civil Code Section 4751:

1.

JADUs are allowed in all unincorporated non-coastal areas of the County, including those areas where new ADUS are strictly prohibited. The County shall ministerially approve a permit for a JADU that meets all applicable requirements. The JADU may share sanitation facilities and central systems (such as HVAC, water service, power service, wastewater service) with the single-family dwelling. The JADU shall have either an efficiency kitchen or access to the kitchen of the primary dwelling. The JADU may, but is not required to, include an interior entry into the main single-family dwelling.

2.

All ADUs and JADUs that will connect to a private sewage disposal system or that will obtain their water supply from a private well and/or a water system with two (2) to one-hundred and ninety-nine (199) service connections are subject to review and approval by the Director of Environmental Health to ensure adequate sewage disposal facilities and adequate water supply exist or have been demonstrated feasible to construct to serve the unit. The Director of Environmental Health shall evaluate adequacy of water quality and quantity for ADUs and evaluate adequacy of water quality for JADUs. If either adequate sewage disposal facilities or adequate water supply is not available, an ADU or JADU shall be prohibited.

3.

In areas of the County where ADUs and JADUs are allowed, each legal lot with an existing or proposed single-family dwelling is limited to one (1) ADU and one (1) JADU, regardless of the number of single-family dwellings allowed on that lot. A legal lot with a multiple family dwelling is limited to the following: two (2) detached ADUs; and at least one (1) ADU within the existing multiple family dwelling, with the total square footage of ADUs within the existing multiple family dwelling not to exceed twenty-five (25) percent of the total square footage of the existing multiple family dwelling.

4.

An ADU or JADU may be separately rented, provided such rental is for more than thirty (30) days. No ADU or JADU shall be used as a Vacation Rental (rented for thirty (30) consecutive days or less). An ADU or JADU shall not be sold or otherwise conveyed separate from the primary dwelling.

5.

An ADU attached to the principal residence shall be subject to the height regulations of the zoning district for the principal residence. An ADU detached from the principal dwelling shall be subject to the height regulations for a habitable accessory structure or allowed to be up to sixteen (16) feet in height, whichever is greater. Any ADU which does not comply with height regulations for the zoning district in which it is proposed and that exceeds 16 feet in height shall require a Use Permit. The Zoning Administrator is the Appropriate Authority in the first instance to consider said Use Permit. The Appropriate Authority may approve the Use Permit only if the Appropriate Authority finds that the deviation from the height requirements better achieves the policies of the General Plan and regulations of this Title.

6.

No setback shall be required for an existing garage that is converted or demolished and reconstructed as an ADU within the existing footprint of the structure. Side and rear lot line setbacks for ADUs shall be a minimum of four (4) feet and shall also be sufficient for fire and safety. A minimum setback of four (4) feet must be maintained from the side and rear lot lines for an ADU that is constructed above a garage.

7.

An ADU shall be designed in such a manner as to be visually consistent and compatible with the existing or proposed principal dwelling and other dwellings in the area.

8.

An ADU shall comply with all local building code requirements that apply to detached dwellings, provided, however, that County may approve a delay in enforcement of building standards in accordance with the parameters and procedures set forth in California Health and Safety Code section 17980.12, as may be periodically amended, if compliance with the building standard is not necessary to protect health and safety.

9.

ADUs shall not exceed one thousand two hundred (1,200) square feet.

10.

JADUs shall not exceed five hundred (500) square feet.

11.

The County may issue a building permit for an ADU prior to issuance of building permit for the primary dwelling if the primary dwelling was destroyed or damaged due to a natural disaster.

12.

The Davis-Stirling Common Interest Development Act (Civil Code section 4000 et seq. ("the Davis-Stirling Act")) including Civil Code section 4751 has rendered void and unenforceable any restriction in a deed, contract or governing document in a common interest development that prohibits or unreasonably restricts an ADU or JADU. Accordingly, to the extent the Davis-Stirling Act applies, the County is not prohibited from issuing a permit for an ADU or JADU. If there is a substantive dispute regarding whether Civil Code section 4751 applies, the County shall consider its applicability on a case-by-case basis.

(Ord. No. 5177, §§ 51, 52, 5-24-2011; Ord. No. 5341, § 2, 9-15-2020)

Editor's note— Ord. No. 5177, §§ 51, 52, adopted May 24, 2011, repealed and reenacted Section 21.64.030 in its entirety to read as herein set out. Formerly, Section 21.64.030 pertained to regulations for caretaker units, and derived from original codification.

A.

Purpose. The purpose of this section is to establish the development standards for single room occupancy (SRO) facilities. SRO facilities meeting these development standards are allowed subject to a Use Permit in specified zoning districts, thus providing additional affordable housing opportunities.

B.

Applicability. The provisions of this section are applicable in any Community Plan Area or Rural Center with zoning designations of High Density Residential, Mixed Use or Community Plan.

C.

Regulations. A single room occupancy facility may be allowed in any Community Plan Area or Rural Center with zoning designations of High Density Residential, Mixed Use or Community Plan (with a land use designation of Mixed Use or High Density Residential), subject to a Use Permit and subject to the following standards:

1.

Unit Size. Excluding the bathroom area and closet, the single room occupancy unit must be a minimum of one hundred fifty (150) square feet in floor area and the maximum size shall be not more than four hundred (400) square feet. Each unit shall be designed to accommodate a maximum of two (2) people.

2.

Private Facilities. Each single room occupancy unit must include a closet and may contain either kitchen facilities or bath facilities but not both.

a.

Complete common cooking facilities/kitchens must be provided if any unit within the SRO facility does not have a kitchen. One complete cooking facility/kitchen shall be provided within the SRO facility for every twenty (20) SRO units or portion thereof that do not have kitchens, or have one kitchen on any floor where SRO units without kitchens are located.

b.

Common bathrooms must be located on any floor with units that do not have full bathrooms. Common bathrooms shall be either single occupant use with provisions for privacy or multi-occupant use with separate provisions for men and women. Common bathrooms shall have shower or bathtub facilities at a ratio of one for every seven (7) units or fraction thereof. Each shared shower or bathtub facility shall be provided with an interior lockable door.

3.

Common Space. Each SRO facility shall have at least ten (10) square feet of common usable area per unit; however no SRO facility shall provide less than two hundred (200) square feet of common outdoor area and two hundred (200) square feet of common indoor area. Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space. Landscape areas that are less than eight (8) feet wide shall not be included as outdoor common space.

4.

Management. A SRO facility with twelve (12) or more units shall provide 24-hour on-site management, and include a dwelling unit designated for the manager. All SRO facilities must have a management plan approved by the Appropriate Authority. The management plan shall contain management policies, maintenance plans, rental procedures, tenant rules, and security procedures.

5.

Laundry Facilities. Single room occupancy facilities shall include laundry facilities.

(Ord. No. 5177, § 53, 5-24-2011)

A.

Purpose: The purpose of this Section is to establish the regulations, standards and circumstances for the placement of manufactured dwelling units on permanent foundations. It is the further purpose of this Section to provide the parameters under which such units may be determined to be compatible in an area of residential uses.

B.

Applicability: The provisions of this Section are applicable in all zoning districts.

C.

Regulations: The installation of any manufactured dwelling unit on a foundation system shall be subject to the same development process as the process applicable to a conventionally built dwelling unit on the same lot, provided the following standards are met:

1.

That not more than ten (10) years have elapsed between the date of manufacture of the manufactured dwelling unit and the date of the application for a permit to install the manufactured dwelling unit.

2.

That the manufactured dwelling unit shall have a siding material of, or having the appearance of, wood, stucco, brick, stone or other material similar to other residences in the immediate area.

3.

That the manufactured dwelling unit shall have a roofing material of wooden, fiberglass or composition shingle, tile, slate or other roofing material similar to homes in the immediate area.

D.

No deviation of the standards listed in Section 21.64.040C shall be allowed unless an Administrative Permit is first secured.

A.

Purpose: The purpose of this Section is to establish the regulations for the continuing use of mobilehomes which were established with Use Permits.

B.

Applicability: The regulations of this Section are applicable to those mobilehomes which were placed in use pursuant to a Use Permit. This Section does not apply to mobilehomes established by Use Permit for use in a labor camp, farm labor housing or similar facility.

C.

Regulations: Mobilehomes existing with Use Permits are subject to the following regulations:

1.

A Use Permit may be filed for the continuing use of a mobilehome as living quarters, for which a prior Use Permit was granted prior to the time the provisions of this Section became applicable to the property. A Use Permit may be granted, providing application is made not less than ninety (90) days prior to expiration of the Use Permit, and providing all conditions of the Use Permit have been continually met.

2.

Mobilehomes existing with a Use Permit may be converted to a former mobilehome without benefit of an Administrative Permit or Use Permit.

3.

Mobilehomes existing with a Use Permit may be added to, provided the mobilehome and addition are placed on a permanent foundation. No additional Use Permit or Administrative Permit is required.

4.

Mobilehomes existing with a Use Permit may be replaced with another mobilehome of similar size in essentially the same location without an additional Administrative Permit, Use Permit or placement on a permanent foundation. The new mobilehome subject to the same Use Permit conditions as the mobilehome being replaced.

5.

Mobilehomes which were established with benefit of a Use Permit which has subsequently expired shall be considered to be a legal nonconforming use and shall be subject to the provisions of Chapter 21.68 of this Title.

A.

Purpose: This purpose of this Section is to establish the regulations and limitations for the continuing use of mobilehomes which were legally initiated without Use Permit pursuant to the regulations in effect at the time the mobilehomes use was established.

B.

Applicability: The regulations of this Section are applicable to those mobilehomes which were legally placed in use when Use Permits were not required to establish such uses.

C.

Regulations: Mobilehomes existing without Use Permits are subject to the following regulations:

1.

Mobilehomes existing prior to Use Permit requirements may be replaced with another mobilehome, subject to an Administrative Permit.

2.

Mobilehomes existing prior to Use Permit requirements may be converted to a former mobilehome or may be replaced with a former mobilehome, provided an Administrative Permit is obtained.

3.

A mobilehome existing prior to Use Permit requirements may be increased in size as for living area subject to an Administrative Permit. Awnings and carport additions or detached accessory structures may be placed on the property.

A.

Purpose: The purpose of this Section is to establish the regulations whereby an owner or builder may reside on the building site during the course of actual construction of the first residence on a lot.

B.

Applicability: The provisions of this Section are applicable in all zoning districts for the establishment temporary residence during the construction of the first residence on any lot.

C.

Regulations: Recreational vehicles or mobilehomes may be used as a temporary residence during the course of actual construction of a single family dwelling subject to the following standards:

1.

Only one temporary residence may be allowed on a lot.

2.

No temporary residence may be allowed if other residences exist on the lot.

3.

All building, health, public works or other required permits for the temporary residence must be obtained, all installations be completed, inspected and approved prior occupancy of the temporary residence.

4.

The use of the temporary residence may not begin until a building permit for the permanent residence is issued.

5.

Actual construction on the permanent residence must start within sixty (60) days of the issuance of the building permit for the residence or the use of the temporary residence must cease and the unit be vacated and be disconnected from all utilities until actual construction is started.

6.

The use of the temporary residence must cease within eighteen (18) months of the date of issuance of the building permit for the permanent residence or occupancy of the permanent dwelling whichever occurs first. Upon cessation of the use, if the temporary residence is a mobilehome it must be removed from the property. If the temporary residence is a travel trailer, motorized recreational vehicle, fifth wheel unit, motorhome or similar recreational vehicle, the unit shall be disconnected from all utilities, but need not be removed from the property.

7.

The temporary residence must be connected to a water source and sewage disposal facility approved by the Director of Environmental Health.

D.

Any alteration, modification, extension, or amendment to the provisions of this regulation shall require an Administrative Permit.

A.

Purpose: The purpose of this Section is to establish the regulations for the establishment of temporary construction offices or emergency facilities for public utilities.

B.

Applicability: The provisions of this Section are applicable in all zoning districts.

C.

Regulations:

1.

All mobilehomes, trailers, coaches, or similar facility used for temporary construction offices or emergency public utility facilities are permitted during the course of construction or duration of the emergency.

2.

Such facilities shall comply with all requirements of the Uniform Building Code and Title 16, Monterey County Code and Chapter 15.20, Monterey County Code.

3.

Such facilities shall not be lived in.

A.

Purpose: The purpose of this Section is to establish the regulations, standards and circumstances under which businesses of limited scale and impact may be established in residences.

B.

Applicability: The provisions of this Section are applicable in all areas of the County.

C.

Regulations: Home occupations may be conducted in any zoning district which allows residential use.

1.

Home occupations are limited to those occupations using facilities, equipment and materials normally found in the home and within accessory structures, including but not limited to typing, seamstress or tailoring, computerized data processing, ceramics, music lessons and instrument lessons, lawn mower repair, and cottage food operations which do not interfere with the use or appearance of the home as a residence or the aesthetic character of the district.

2.

No persons other than the resident and immediate family residing on site may be employed in the home occupation, except that a cottage food operation may allow up to one (1) full-time equivalent cottage food employee who does not reside on the site.

3.

All facets of the home occupation must be contained in the dwelling unit or inside structures on-site that are otherwise considered to be accessory structures to a residence, except that a cottage food operation must be conducted entirely within the dwelling unit as specified by State law.

4.

There shall be no production of noxious or toxic odors or fumes, nor increase in numbers or duration of noise or traffic levels above those of ordinary residential use; nor use, storage, or disposal of materials of a nature or quantity not ordinarily found in residential neighborhoods, which have the potential to endanger the health, safety, or peaceful enjoyment of their property or neighborhood residence, or to constitute a hazard to their environment.

5.

There shall be no advertising for the home occupation allowed on the property.

D.

Modification to the provisions of Subsection 21.64.090.C. of this Chapter may be considered by an Administrative Permit, except in the case of a cottage food operation for which no exceptions to these requirements may be granted.

(Ord. No. 5217, § 4, 6-11-2013)

A.

Purpose: The purpose of this Section is to establish the regulations, standards and circumstances under which business limited scale and impact may be established in all zoning districts where a single family dwelling is an allowed use. It is the further purpose of this Section to provide for standards, review processes and review periods to assure that such uses are not detrimental to the residential property in the area in which are established.

B.

Applicability: The provisions of this Section are applicable in all areas of the County.

C.

Regulations: A Cottage Industry may be conducted in any zoning district which allows residential use, subject to the following standards.

1.

All Cottage Industry shall require a Use Permit pursuant to Chapter 21.74. The Zoning Administrator is the Appropriate Authority to consider such Use Permit.

2.

A total of two persons, other than the resident and immediate family residing on site, may be employed in the cottage industry.

3.

There shall be no advertising for the cottage industry on the property, except for such advertising as may be incorporated within the four square foot nameplate allowed for the residence. The location and design of such nameplate shall be subject to the approval of the Zoning Administrator.

4.

Adequate access and parking must be provided on-site to accommodate the residential use, employees and two customers of the cottage industry.

D.

All Use Permits issued for Cottage Industry shall be subject to the following time limits:

1.

The initial Use Permit shall not be issued for more than one year,

2.

The second Use Permit shall not be issued for more than three years; and

3.

The third and subsequent Use Permits shall not be issued for more than five years.

The purpose of these time limits is to provide adequate on-going review of the Cottage Industry to assure that the use continues to meet the standards of this Section, that the nature of the area has not changed sufficiently to cause the use to be detrimental to the area, and to review the conditions of the prior Use Permit to determine their continuing adequacy.

E.

The Zoning Administrator shall not approve a Use Permit for Cottage Industry unless the following findings, in addition to those required by Chapter 21.74, can be made:

1.

That the proposed use conforms to the requirements of Section 21.64.095C;

2.

That the site is physically suitable for the project;

3.

That adequate sewer and water service exists or can be provided;

4.

That adequate road and transportation facilities exist for the use;

5.

The use proposed is compatible with the area;

6.

That the subject property complies with all zoning standards, such as height, setbacks and lot coverage, subdivision standards and that no zoning violations exist on the property; and

7.

Impacts considered potentially significant are mitigated.

A.

Purpose: It is the purpose of this Section to establish the regulations, standards and circumstances under which bed and breakfast facilities may be established in certain residential areas of the County of Monterey. It is the further purpose of this Section to provide for standards, review processes and review periods to assure that such uses are not detrimental to the area and residents in which it is established.

B.

Applicability: The regulations of this Section are applicable in all zoning districts which allow bed and breakfast operations.

C.

Regulations: A bed and breakfast facility may be allowed in all districts which allow residential use and where found to be consistent with the Monterey County General Plan, or applicable area plan on any lot in any zoning district that allows residential uses subject to a Use Permit in each case and subject to the following regulations:

1.

The property owners shall occupy and manage the bed and breakfast facility. The facility shall not be affiliated with hotels or motels operating anywhere in the County of Monterey.

2.

No more than ten (10) guest rooms may be allowed in one facility.

3.

No long-term rental of rooms shall be permitted. The maximum stay for guests shall not exceed twenty-nine (29) consecutive days thirty (30) day period.

4.

The facility shall provide parking on site at the rate of one space per guestroom plus two spaces for the owners.

5.

Each bed and breakfast facility may have a maximum of one sign not exceeding four square feet in area. Such sign shall be attached to the residence, and shall not be internally illuminated.

6.

Such facilities shall be subject to the transient occupancy tax. (Chapter 5.40, Monterey County Code)

7.

Any cooking facility must comply with State and County codes.

D.

In order to grant the Use Permit the Appropriate Authority shall make the following findings:

1.

That the establishment of the bed and breakfast facility will not under the circumstances of the particular application be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood or to the general welfare of the County.

2.

That the proposed bed and breakfast facility complies with all applicable requirements of Section 21.64.100C of this Title.

3.

That the proposed bed and breakfast facility will not adversely impact traffic conditions in the area.

4.

That adequate sewage disposal and water supply facilities exist or are readily available to the lot.

5.

That the proposed bed and breakfast facility is consistent with the Monterey County General Plan and/or applicable area plan.

6.

That the subject property is in compliance with all rules and regulations pertaining to zoning uses, subdivisions, and any other applicable provisions of this Title and that all zoning violation abatement costs, if any, have been paid.

A.

Purpose. The purpose of the Section is to establish the standards, regulations and circumstances under which timesharing residential uses may be established. Further, the regulation of the Section intended to provide for the protection of existing residential uses and neighborhoods through mandatory findings for approval and public hearing processes.

B.

Applicability. A timeshare project shall be permissible only in such zones and at the locations therein where a hotel, motel or similar visitor accommodation use would be permitted. No timeshare project shall be allowed in any case wherein covenants, conditions and restrictions expressly prohibit timeshare or other transient uses.

C.

A Use Permit shall be required in accordance with Chapter 21.74 for any timeshare project.

D.

Transient Occupancy Tax Applicable. All timeshare projects shall be subject to the provisions of Chapter 5.40 of the Monterey County Code (Uniform Transient Occupancy Tax Ordinance of the County of Monterey).

E.

Application for Timeshare Project Approval. An applicant for approval of a proposed timeshare project shall submit a completed application on a form as prescribed by the Director of Planning, in addition to any other application, information or forms that may be necessary in the particular case as determined by the Director of Planning. The application shall include:

1.

Identification by name of the timesharing project and street address where the timesharing project is situated, including legal description;

2.

Identification of the time periods, types of units, and number of units that are in the timeshare project. In order to facilitate orderly planned timeshare projects, the total number of timeshare units anticipated for the project shall be stated and approved although the project may be built, convert maintained for timeshare purposes in phases convenient to the applicant;

3.

A map drawn at the appropriate scale (1″=100′ or as otherwise approved by the Director of Planning), showing the site in relation to surrounding property, existing roads and other existing improvements (in all cases, an engineers scale shall be used);

4.

A site plan for the entire anticipated project (whether or not built, converted or maintain phases) showing proposed improvements, location of structures, vehicular ingress, and egress, landscaping, and floor plans.

F.

General Conditions and Findings. The Planning Commission may approve or deny an application for Use Permit for a timeshare project. The Commission may impose such conditions as it determines necessary to protect the public safety, health, peace and welfare. If a Use Permit is granted, the Use Permit shall be granted with a condition attached that no timeshare rights or entitlements shall be sold or offered for sale unless, at such time, there then exists a valid final subdivision public report for the sale of such timeshare rights or entitlements, issued by the Department of Real Estate of the State of California. In determining whether, and under what conditions to issue any such Use Permit, the Commission, among other things, shall consider:

1.

The impact of the timesharing project on transient or permanent rental stock;

2.

The impact of timesharing on present and future County services;

3.

Conformity with current zoning regulations and the General Plan;

4.

Conformity with existing uniform building and fire codes;

5.

The sign program proposed for the project;

6.

The landscaping proposed for the project;

7.

Traffic circulation and parking for residents, guests, prospective purchasers and sales program personnel;

8.

The applicant's description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance of the timeshare project.

9.

The desirability of requiring an office of the managing agent or agency be located local on-site, as appropriate.

10.

The nature and feasibility of alternative uses in case the sales program for timeshares fails.

11.

Any other factors deemed relevant and any other information which the Commission or the applicant considers necessary or desirable to an appropriate and proper consideration of the application.

G.

Specific Conditions and Findings. In addition to other considerations of a conditional Use Permit for a timeshare project, the following shall apply:

1.

Condominium Conversions. In the event an existing condominium project is proposed to be converted to a whole or partial timeshare project, a verified description or statement of the number and percentage of the current condominium owners desiring or consenting to the proposed conversion of some or all of the units to a timeshare basis shall be submitted. Also in such instance, there shall be submitted, a verified statement of the number and percentage of owners who have received notification, either personally (proof by signature of the recipient or witness) or by receipted certified U.S. Mail, the application to so convert the project will be submitted to the Commission on a date and time certain for hearing. No application shall be approved unless, among other considerations, it appears that more fifty (50) percent of the owners of condominium units (not including those owned by the applicant and/or the developer or any person or entity affiliated therewith) have received notification, either personally receipted certified U.S. Mail.

2.

Hotel and Motel Conversions. In the event an existing hotel, motel, inn, or bed and breakfast facility is proposed to be converted in whole or in part to a timeshare project, the Planning Commission shall consider, in addition to the considerations in Section 21.64.110F, the following:

a.

The impact of the conversion on employment opportunities in the planning area of the project;

b.

The impact of the project on the visitor serving economy of the planning area;

c.

The impact of the conversion on energy, water and sewer use;

d.

The impact of the project on the stock of hotel and other visitor accommodations for low and moderate income persons;

e.

The impact of the project on the stock of hotel and other visitor accommodations for stays of less than one week within the planning area.

H.

Approval of the Timeshare Projects. No timeshare project shall be approved by the County unless the following findings can be made:

1.

That the project is compatible with adjacent land uses and is adequately buffered by open space and/or landscaping from any less intense use.

2.

That the development plan is consistent with all goals and policies of the General Plan.

3.

That adequate access for high density dwellings is available or attainable through the conditions of the development.

4.

That all structures, existing or proposed, meet presently established minimum structural, health, safety and fire standards.

5.

That the project does not significantly adversely impact:

a.

Water use;

b.

Sewer use;

c.

Energy use;

d.

Traffic;

e.

Police protection and other County services;

f.

Fire protection;

g.

Employment opportunities in the planning area;

h.

The visitor serving economy of the planning area;

i.

The stock of hotel and other visitor serving accommodations including, but not limited to, that which serves low and moderate income persons;

j.

The stock of hotel and other visitor accommodations for stays of less than one week within the planning area.

6.

That the project will not have a significant adverse impact on the health, safety, and welfare of the general public.

I.

Exceptions. This Chapter shall not affect timeshare projects for which approved permits from the State Department of Real Estate have been issued prior to January 1, 1984, or projects in which units have been lawfully sold or offered for sale to the public prior to January 1, 1984, if said projects were in compliance with the zoning laws then in force.

(Ord. No. 5135, § 132, 7-7-2009)

A.

Purpose: The purpose of this Section is to provide the necessary regulations for the establishment of commercial and noncommercial wind energy conversion systems in the locations and circumstances under which the use may be established without detriment to the public health, safety and welfare.

B.

Applicability: The provisions of this Section are applicable in those districts which commercial and noncommercial wind energy conversion systems.

C.

Regulations: Wind Energy Conversion Systems may be permitted in specified zoning districts subject to securing a the appropriate permits in each case, and subject to the following regulations:

1.

The application shall include a plot plan using an engineers scale and drawn in sufficient detail to show the following:

a.

Property lines, dimensions, acreage, and contours with appropriate intervals for site evaluation.

b.

Location and elevation of proposed Wind Energy Conversion System.

c.

Location and dimensions of all existing structures and uses on the lot within three hundred (300) feet of the system.

d.

Height of any structures or trees over thirty-five (35) feet within a five hundred (500) foot radius on-site or off-site of the proposed Wind Energy Conversion System.

e.

Surrounding land use and all structures irrespective of height, within five hundred (500) feet of the Wind Energy Conversion System location.

f.

Standard drawings of the structural components of the Wind Energy Conversion System, including structures, tower, base and footings. Drawings and any necessary calculations shall be certified by a registered engineer that the system complies with the Uniform Building Code.

g.

Evidence from a qualified individual that the site is feasible for a Wind Energy Conversion System.

h.

Certification from a registered engineer or qualified person that the rotor and overspeed control have been designed for the proposed use on the proposed site.

2.

Setbacks:

a.

Wind Energy Conversion Systems shall maintain a minimum setback of two times the height of the Wind Energy Conversion System from any property line.

b.

Wind Energy Conversion Systems shall maintain a minimum setback of at least five time Wind Energy Conversion System height from the right-of-way line of any public road or highway.

c.

In all cases the Wind Energy Conversion Systems shall maintain a minimum distance of at least 1.25 times the Wind Energy Conversion Systems height from any habitable structure.

3.

Height:

a.

Noncommercial Wind Energy Conversion Systems shall not exceed a total height of fifty (50) feet unless the parcel on which the Wind Energy Conversion Systems is to be located is ten (10) acres or larger, in which case the maximum total height may be one hundred (100) feet.

b.

Commercial Wind Energy Conversion Systems ("System") shall not exceed a total height of two hundred (200) feet except as listed below:

i.

The System may be constructed to an increased height, provided the System conforms to the following the performance standards:

(a)

The location requires the increase in height to allow adequate wind force capture, as determined by an engineer, such as if the location is adjacent to a structure that would block wind capture if the System is two hundred (200) feet or less in height;

(b)

The System does not restrict or prohibit airplane flight patterns and is not located within two (2) miles of a public or private airport;

(c)

The System is not in conflict with an airport land use compatibility plan;

(d)

The System is not within a residential zoning district and not within a quarter mile of any residentially zoned properties or residential development; and

(e)

The applicant must provide a biological study to evaluate the potential of the System to substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, or substantially reduce the number or restrict the range of an endangered, rare, or threatened species, including but not limited to avian species such as the California Condor, Golden eagle, Burrowing owl, and/or bat species, and the County must make a finding that the System will have a less than significant impact on biological resources.

c.

In all cases the minimum height of the lowest position of the Wind Energy Conversion Systems blade shall be at least thirty (30)feet above the ground and thirty (30) feet above the highest existing structure or tree within a two hundred fifty (250) foot radius.

4.

Wind Energy Conversion Systems Siting and Design Standards:

a.

Wind Energy Conversion Systems shall not be placed on visually prominent ridgelines.

b.

Wind Energy Conversion Systems shall be designed and placed in such a manner to minimize to the greatest extent feasible adverse visual and noise impacts on neighboring areas.

c.

Colors and surface treatment of the Wind Energy Conversion Systems and support structures shall to the greatest extent feasible minimize disruption of the natural characteristics of the site.

d.

Wind Energy Conversion Systems shall be equipped with air traffic warning lights and shall have prominent markings on the rotor blade tips of an international orange color where:

i.

The total height of the Wind Energy Conversion Systems exceeds one hundred seventy-five (175) feet, or

ii.

Any Wind Energy Conversion Systems exceeding one hundred twenty-five (125) feet in total height is placed at a ground elevation over two hundred (200) feet.

4.

Noise: The Wind Energy Conversion System shall comply with the Noise Element of the General Plan and any noise ordinance of the County of Monterey.

5.

Safety Measures:

a.

Each Wind Energy Conversion Systems shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor.

b.

The height, color, and type of fencing for Wind Energy Conversion Systems installation shall be determined on the basis of individual applications as safety needs dictate.

c.

Appropriate warning signs shall be posted. The type and placement of the signs shall be determined on an individual basis as safety needs dictate.

6.

Electromagnetic Interference: The Wind Energy Conversion System shall be operated such that no disrupting electromagnetic interference is caused. If it is determined that a Wind Energy Conversion Systems is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate interference including relocation or removal of the facilities, subject to the approval of the Director of Planning.

7.

Liability Insurance: The Wind Energy Conversion System operator shall maintain a current insurance policy which will cover installation and operation of the Wind Energy Conversion Systems. The amount of said policy shall be established as a condition of permit approval.

D.

Findings: The approval of the Use Permit shall include the following minimum findings:

1.

That the proposed use is not detrimental to the public health and safety, and

2.

That the use of the property for such purposes will not result in material damage, or prejudice to other property in the area, and

3.

Installation of the Wind Energy Conversion System does not have the potential to create a substantially adverse visual impact when viewed from a common public viewing area.

4.

That the subject property is in compliance with all rules and regulations pertaining to zoning uses, subdivisions, and any other applicable provisions of this Title and that all zoning violation abatement costs have been paid.

M.

Abatement:

1.

If any Wind Energy Conversion System remains non-functional or inoperative for a continuous period of one year, the permittee shall remove said system at their expense. Removal of the system includes the entire structure including foundations, transmission equipment, and fencing from the property.

2.

Non-function or lack of operation may be proven by reports to the State Energy Commission or by lack of income generation. The applicant, permit holder, and successors shall make available to the Director of Planning all reports to and from the purchaser or purchasers of energy from individual Wind Energy Conversion Systems or from the wind form, if requested.

3.

The applicant, or successors, shall continuously maintain a fund payable to the County of Monterey for the removal of non-functional towers and appurtenant facilities in an amount to the County of Monterey to enter the property to remove a tower pursuant to the terms of the Use Permit and to assure compliance with the other conditions set forth in the permit.

(Ord. No. 5135, § 133, 7-7-2009; Ord. No. 5219, § 2, 7-30-2013)

A.

Purpose: The purpose of this Section is to protect the Carmel River and its corridor including visual aspects, value as wildlife habitat and stabilize the river channel; preserve the rural character of Carmel Valley; and promote the public health and safety by lessening local flood potential and flood related hazards.

B.

Applicability: This Section shall apply to that area within the riparian corridor, within two hundred (200) feet of the river bank, and within the floodway and floodway fringe designations illustrated on maps prepared by Nolte Engineers for the Federal Emergency Management Agency and titled, "Preliminary Boundary and Floodway Map" beginning at the westerly boundary of Lot 11, and the westerly boundary of that 4.768 acre parcel of Lot 12 as shown on Page 220 of Volume X3 of Surveys of the Hatton Partition of Rancho Canada de la Segunda and extending upstream to the Limit of Detailed Study easterly of Camp Stephani.

C.

Definitions: For the purpose of this Section, unless the context otherwise requires, certain terms used in this Section are defined as follows:

1.

Floodway: That portion of the valley floor required to carry the flow which may on the average occur once every one hundred (100) years (a one hundred (100) year flood). The floodway shall be that area shown on maps prepared by Nolte Engineers for the Federal Emergency Management Agency titled, Preliminary Flood Boundary and Floodway Map, and which are in the possession of the Monterey County Water Resources Agency and the Monterey County Planning Department.

2.

Riparian Corridor: That portion of the valley floor vegetated with native plant materials characteristic of the channel, banks, and adjacent areas of the river. The riparian corridor is further defined as that area which includes trees and woody plants which are clearly dependent on the water course for their continued existence, but shall not extend beyond the floodway fringe.

3.

Development: The construction of structures, grading, or other similar activity which require permit(s) from any governmental agency.

4.

Floodway Fringe: That portion of the valley floor outside of the floodway normally required to carry the flow which may on the average occur once every one hundred (100) years (a one hundred (100) year flood), and which could be completely obstructed without increasing the floodwater surface elevation more than one foot a point. The floodway fringe shall be that area shown on maps prepared by Nolte Engineers for the Federal Emergency Management Agency titled Preliminary Flood Boundary and Floodway Map, and which are in the possession of the Monterey County Water Resources Agency and the Monterey County Planning Department.

D.

Regulations.

1.

The following activities are hereby prohibited, except as provided for herein.

a.

Development within two hundred (200) feet of the riverbanks, or in the floodway or riparian corridor, as defined herein, except for areas separated vertically by more than the vertical elevation of flooding, as shown in the one hundred (100) year floodplain and floodway maps described in Section 21.64.030C, where it can be shown, to the satisfaction of the Monterey County Water Resources Agency Engineer, that development will accommodate sufficient setback to avoid erosion. All development within two hundred (200) feet of the river banks will require a Use Permit.

b.

Alteration of the living riparian vegetation by removal, thinning, or other means.

c.

Construction or alteration of levees, or the placement of fill material in the floodway or riparian corridor.

d.

Any alteration of the natural course of the river or its banks, except as a part of a flood control project planned or approved by the Monterey County Water Resources Agency.

e.

Any dredging of, or removal of, natural materials from the river channel or banks.

2.

Development in the floodway fringe as defined herein, and subject to the provisions of Subsection 21.64.130D1 and Subsection 20.108.050A is permitted subject to the provisions of this Chapter and provided that all structures including related utilities shall be so located and constructed so as to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems flood waters. On-site waste disposal systems shall be located so as to avoid impairment of the contamination from and during flooding. The first habitable floor of any structures shall be located at least one foot above the one hundred (100) year flood level. Such use shall be subject to first securing a Use Permit prior to the commencement of any such development.

3.

Development of recreation facilities and the establishment of low intensity open space use structural repairs and alterations to existing structures may be permitted in the floodway or floodway fringe provided such facilities or uses comply with the intent and all provisions of this ordinance, including the requirement for a Use Permit and adequate protection of riparian habitats and rip vegetation, smooth flood flow, retention of Federal Flood Insurance Eligibility, and prevention of damage to structures in the floodways. Such facilities and uses shall not include activities a structures which would increase flood-related hazards or impede flood flows. Structural repairs and alterations to existing structures may not expand, enlarge, increase, or otherwise intensify the existing structure.

E.

Development of Lots of Record.

1.

Lots of record as of August 7, 1981, whose development would be in conflict with the provisions of this Chapter because their developable portions are within two hundred (200) feet of the river bank or within the riparian corridor, may be developed for single family residential purposes, provided that such use, to the maximum extent feasible, comply with all applicable provisions of this Chapter. Such development shall be subject to first securing a Use Permit, prior to the commencement of any such use.

2.

New development, or the expansion of or addition to any existing uses, in the floodway is prohibited except for recreational facilities or low intensity open space uses, and structural repairs and alterations to existing structures as provided for in Subsection 21.64.130D3.

F.

Riverbank Protection or Channel Modification.

1.

Notwithstanding Subsection 21.64.130D1 and 2 of this Section, riverbank protection, riparian vegetation trimming or removal or channel modification measures may be taken, provided that Permit is first secured.

2.

Emergency riverbank protection or channel modification measures are excepted from the prior requirement for a Use Permit, provided that the General Manager of the Monterey County Water Resources Agency must first declare such an emergency to exist or to be imminent. When declaring an existing or imminent emergency, the General Manager of the Monterey County Water Resources Agency shall take into account the high probability of flooding, erosion danger, blockage and structural damage within the next sixty (60) days. During a declared period of emergency, the General Manager must first approve in writing the type, location and extent of any such emergency measures. Application for approval shall be made to the General Manager on forms supplied by the Water Resources Agency and shall be accompanied by appropriate plans prepared by a registered civil engineer.

3.

Should an emergency situation arise that requires immediate bank protective actions to mitigate a clear and present danger to life or property, such actions may be performed without prior approval of the Monterey County Water Resources Agency Engineer. Protective measures performed under this Subsection shall be limited to those needed to mitigate such clear and present danger to life or property. Within ten (10) calendar days of the commencement of such actions the type, location, and extent of protective measures performed under this Subsection shall be reported in writing to the General Manager of the Monterey County Water Resources Agency.

G.

Approved Projects Exclusion.

1.

Any development project for which all required permits have been secured and are in effect at that time of adoption of this Section shall be exempt from the provisions of this Section. Should any such permit(s) lapse or otherwise become ineffective for any reason, all provisions of this Section shall then apply.

2.

Any channel modification, or alteration of riparian vegetation within the river channel or on the riverbanks which, in the opinion of the General Manager of the Monterey County Water Resources Agency and the Director of Planning would be of such a very minor nature that such projects could have no impact on the river, its visual appearance, habitat values or stability, are exempt from the other provisions of this Section. This exemption only applies if the proposed project is approved by the General Manager and the Director of Planning prior to the commencement of the intended work.

3.

Any development project which, in the opinion of the Director of Planning and Building Inspection and the Monterey County Water Resources Agency would be of such a very minor nature, that such a project would have no impact on the flood plain or the riparian corridor, is exempt from the other provisions of this Section. This exemption only applies if the proposed project is approved by the Director of Planning and the General Manager of the Monterey County Water Resources Agency, prior to construction of the project.

H.

Conflicts With Other Chapters. If this Section is found to be in conflict with any other Chapter, Section, Subsection or Title provisions of this Section shall prevail.

(Ord. No. 5135, § 134, 7-7-2009)

A.

Purpose: The purpose of this Section is to establish a uniform County regulatory policy, standards, and permitting process pertaining to the location and siting of experiments involving the release of genetically engineered microorganisms into the environment with the end in view that public health and safety and the environment are afforded the maximum degree of protection. It is not the intent of this Section to enter the regulatory sphere occupied by the federal and State government; rather, it is the ntent of this Section to use land use plans and zoning ordinances as primary guides in the determination of proper location for the conduct of genetic engineering experiments.

B.

Applicability: This Section is applicable to any and all experiments involving the release of genetically engineered microorganisms into the open environment conducted by any person or agency. It is not applicable where the experiment proposed has already been conducted without any adverse impacts on public health and safety and the environment, on a crop within the same crop grouping, as defined in 40 C.F.R. 180.34, within the United States.

C.

Findings:

1.

Experiments involving the release of genetically engineered microorganisms into the open environment may pose risks to public health, safety, and the environment not adequately addressed under current federal and State regulations.

2.

While the control of the release of genetically engineered microorganisms into the environment may generally be considered the responsibility of federal and State governments, it is local government that may initially be called upon to respond to any adverse effects to public health, safety, and the environment, resulting from the release of such microorganisms into the open environment.

3.

In order for local government to have the capacity to provide appropriate response in such instances, it is, at a minimum, necessary for local government to be able to determine sites within its jurisdiction appropriate for the conduct of such experiments within the parameters of its land use prerogatives.

4.

In order to protect the public health, safety, and the environment, it is in the public interest for local government to establish rules and regulations addressing certain land use aspects of such experiments, including suitability of test sites and their compatibility with surrounding land uses.

D.

Definitions:

1.

"Agency" means any local agency as defined in Section 53090 of the government Code. It does not include the federal government or any agencies thereof.

2.

"DNA" means deoxyribonucleic acid.

3.

"Genetically engineered microorganisms" means microorganisms including bacteria, fungi, protozoa and viruses, created or modified by recombinant (rDNA) technology which are nonpathogenetic to humans and animals.

4.

"Genetic engineering" means a process or technology employed whereby the hereditary apparatus of a living cell is altered, modified, or changed so that the cell can produce more or different chemicals or perform completely new functions.

5.

"In vitro" means, literally, in glass. This pertains to biological reactions taking place in an artificial apparatus; sometimes used to include growth of cells from multicellular organisms under cell culture conditions.

6.

"Open environment" means any unenclosed area or area in the open or place outside a building or shelter.

7.

"Person" means any individual, firm, partnership, trust, corporation, company, estate, public or private institution, association, organization, or group, and any representative, agent, or agency of any of the foregoing.

8.

"Recombinant DNA (rDNA)" means the hybrid DNA produced by joining or deleting pieces of DNA from the same or different organisms or synthetic DNA from the same or different organisms or synthetic DNA together in vitro.

9.

"Release" means to intentionally or deliberately discharge, emit, or liberate any genetically engineered microorganism into the open environment.

E.

Regulations:

1.

Genetic engineering experiments are an allowed use on properties designated by the Monterey County General Plan, area plans or coastal land use plans as Farmlands, Permanent Grazing, Rural Grazing, Agricultural Conservation or Agricultural Preservation, except as provided in subsection E.2. below and provided such experiments have been approved by the Agricultural Commissioner.

2.

No person or agency shall conduct experiments involving the release of genetically engineered microorganisms into the open environment within one hundred (100) feet of an occupied structure without first obtaining a Use Permit pursuant to Chapter 21.74 of this Title. Chapter 21.74 shall govern all matters relating to Use Permits for such experiments except as provided for in this Section. A Permit Committee comprised of the Director of Environmental Health, Agricultural Commissioner and Director of Planning shall have the power to hear and decide applications for, and issue such Use Permits,

3.

No application for a Use Permit may be considered unless the applicant demonstrates that he/she has been granted the necessary permit to conduct such experiments by the appropriate federal and State agencies at the time of the filing of the application.

4.

All Use Permits for experiments involving the release of genetically engineered microorganisms shall require environmental review pursuant to the California Environmental Quality Act and the guidelines adopted by the County of Monterey. Such Use Permits may not be categorically exempt.

5.

All Use Permit applications shall be accompanied by all necessary forms, plans and supporting information deemed necessary by the Director of Planning, the Director of Environmental Health and the Agricultural Commissioner to consider the Use Permit application complete. Such information shall include at the minimum:

a.

A site plan showing in sufficient detail and scale:

i.

the size of the property proposed for the use;

ii.

the current use of the property;

b.

Copies of all approved State and federal permits for the use;

c.

Copies of all information submitted to State and federal agencies, except materials and information considered to be "trade secrets";

d.

Information relative to the type of microorganism to be used;

e.

Plans and measures for the control of public access and trespass on the subject site;

f.

Measures for the protection of surface and groundwater;

g.

Measures for vector control;

h.

Measures for control of airborne materials from the site;

i.

Measures proposed for meeting potential liability.

6.

Upon the application being deemed complete, it shall be submitted to the Monterey County Agricultural Advisory Committee for a report and recommendation prior to consideration by the Permit Committee.

7.

The Permit Committee may impose such conditions as it deems necessary to protect the public health, safety and the environment.

8.

The decision of the Permit Committee may be appealed to the Board of Supervisors pursuant to Chapter 21.80 of this title.

F.

Financial Assurances and Indemnification:

1.

Each permit issued pursuant to this Section shall have as a condition of the permit, a requirement that the applicant provide financial assurances that are necessary to respond adequately to damage claims arising from activities permitted under this Chapter. The financial assurances shall be in the form of a trust fund, surety bond, letter of credit, insurance, or other equivalent financial arrangement in a form and in amounts acceptable to the County.

2.

Each permit issued pursuant to this Section shall have, as a condition of the permit, a requirement that the applicant indemnify and hold harmless the County and its officers, agents, and employees from actions or claims of any description brought on account of any injury or damages sustained, including death, by any person or property resulting from the issuance of the permit and the conduct of the activities or experiments authorized under said permit.

C.

Severability: If any section, subsection, sentence, clause, or phrase of this Section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Section. The Board of Supervisors hereby declares that it would have passed this Section and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases may be declared invalid.

(Ord. 3849 § 1, 1995)

(Ord. No. 5135, § 135, 7-7-2009)

A.

Purpose: The purpose of this Section is to provide the minimum development standards for mobile home parks.

B.

Applicability: The provisions of this Section are applicable in all residential zoning districts.

C.

Regulations:

1.

Mobile home parks may be permitted subject to the approval of the Planning Commission of a Use Permit in any residential zoning district.

2.

The minimum lot area for a mobile home park shall be five acres.

3.

The density of a mobile home park shall not exceed the density shown for the parcel on the Sectional District Map, or eight units per acre, whichever is less.

4.

The minimum mobile home site within the mobile home park shall not be less than three thousand (3,000) square feet.

5.

Minimum setbacks from adjoining streets and properties shall:

a.

Front setback: twenty (20) feet;

b.

Side setback: ten (10) feet; and

c.

Rear setback: ten (10) feet.

6.

Landscaping and fencing shall be provided and designed to screen the mobile home park from the street and adjoining properties. Landscaping and fencing plans shall be approved by the Director of Planning.

7.

All landscaped areas shall be maintained in a litter- free, weed-free, condition. All plant material shall be maintained in a healthy, growing condition.

8.

Ten (10) percent of the total area of the mobile home park shall be developed and maintained for recreational purposes.

9.

Two parking spaces shall be provided on each mobile home site. The parking spaces shall not part of the minimum street width.

10.

All utility distribution facilities, including but not limited to electrical, communication and cable television lines installed in, and for the purpose of, supplying service within any mobile home park, be placed underground, except:

a.

Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal mounted terminal boxes and meter cabinets; and

b.

Concealed ducts, or such equipment when concealed by shrubbery, landscaping, or other screening as approved by the Director of Planning.

The Planning Commission may waive the requirements of this subsection if topographical, soil, or other physical conditions make underground installation of said facilities unreasonable or impractical.

11.

No mobile home park shall have commercial uses other than those used primarily by the residents of the park such as coin-operated machines for laundry, soft drinks, cigarettes, and similar us condition that the uses shall be located in the interior of the park.

(Ord. No. 5135, § 136, 7-7-2009)

A.

Purpose: It is the purpose of this Section to provide a mechanism for public utilities to obtain permits for public utility facilities.

B.

Applicability: The provisions of this Section are applicable in all zoning districts.

C.

Regulations: Public utility distribution and transmission line towers and poles and underground facilities for distribution of gas, water, sewer, telephone, and electricity and telephone booths shall be allowed in all districts, and without limitations as to height, without the necessity of first obtaining a Use Permit; provided, however, that the routes of proposed gas, water, telephone, and electric transmission lines, and the proposed locations of telephone booths, shall be submitted to the Planning Commission for recommendation to the public utility at any time prior to but at least thirty (30) days in advance of the acquisition of rights-of-way for any such routes, or, in the case of telephone booths, in advance of the erection thereof.

(Ord. No. 3558, 1991)

A.

Purpose: It is the purpose of this section to provide a mechanism whereby a Use Permit is not required for water system facilities in approved subdivisions.

B.

Applicability: The provisions of this Section are applicable in all zoning districts.

C.

Regulations: A Use Permit is not required for any water facility which has been approved by the Appropriate Authority in conjunction with a tentative map or tentative parcel map. All conditions of the map approval which pertain to the water facility must be met prior to the construction or installation of said facility. The water facility may be used only for all development within the subdivision for which it is designed unless a Use Permit is obtained.

(Ord. No. 3558, 1991)

A.

Purpose: The purpose of this section is to provide a mechanism to calculate the maximum residential development allowed in accordance to an established formula to determine land use densities.

B.

Applicability: The provisions of this section shall apply in the following zoning districts: LDR, RDR, RG, and RC.

C.

Regulations:

1.

The following slope density formula shall be used in the calculation of maximum possible density for individual parcels based upon natural unaltered slope:

a.

Those portions of parcels with a cross-slope of between zero and nineteen and nine-tenths (19.9) percent shall be assigned a density of one (1) building site per one (1) acre.

b.

Those portions of parcels with a cross-slope of between twenty (20) and twenty-nine and nine-tenths (29.9) percent shall be assigned a density of one (1) building site per each two (2) acres.

c.

Those portions of parcels with a cross-slope of thirty (30) percent or greater shall be assigned zero building sites.

d.

The density for a particular parcel shall be computed by determining the cross-slope of the various portions of the lot applying the assigned densities listed above according to the percent of cross-slope and by adding the densities derived from this process. The maximum density derived by the procedure shall be used as one of the factors in the final determination of the actual density that shall be allowed on a parcel.

2.

Where an entire parcel would not be developable because of plan policies, an extremely low density of development should be allowed.

3.

Any decrease in density resulting from application of General Plan or Area Plan policies shall be subtracted from the maximum density allowable under the slope density formula.

4.

In instances where a parcel includes more than one zoning district or plan designation, the maximum density shall be calculated for the respective zoning districts or plan designation. The sum of the calculations shall be the maximum number of units allowed by zoning or plan designation.

5.

If the slope density formula renders a maximum density greater than the maximum density allowable under the General Plan, the density established by General Plan shall prevail over the slope density formula.

6.

If the slope density formula renders a maximum density less than that maximum density allowable under the General Plan, the density established by the slope density formula shall prevail over the General Plan density.

7.

If the maximum allowable density established pursuant to Subsection 5. or 6. above exceeds the maximum allowed by zoning, the maximum allowed by zoning shall prevail.

8.

Lot line adjustments shall be exempt from the criteria for maximum allowable residential density on a parcel, provided that no net increase in the number of residential lots will result.

D.

Density of Development Standards: The maximum density established under this section shall be utilized as the basis to begin consideration of the density appropriate for development of a specific parcel. Such established maximum density is not a guarantee of possible development potential of any given property. Density of development shall ultimately be determined through the permit process, consideration of site conditions on the specific property and of details of the specific development proposal without imposing undue restrictions on private property. Such considerations may include but are not limited to:

1.

Soils;

2.

Available supply and priorities for water;

3.

Traffic;

4.

Sewage disposal;

5.

Development design;

6.

Known hazards;

7.

Public facilities, such as schools and police and fire facilities;

8.

Environmentally sensitive habitat;

9.

Archaeological and historical resources;

10.

Housing demands of the County;

11.

Employment needs;

12.

Development of the County's economic climate; and

13.

Attainment of State mandated fair share housing.

E.

For the purpose of calculating on-site density for zoning purposes, caretaker quarters, guesthouses, senior citizen units, farm employee housing, farm employee housing facilities, farm employee quarters and employee housing accessory to an allowed use shall not be included.

(Ord. No. 3558, 1991)

A.

Purpose: In adopting this section, the Board of Supervisors of the County of Monterey recognizes that certain types of adult entertainment facilities possess certain objectionable operational characteristics which, if such uses are allowed to concentrate, will have adverse effects upon the character of the affected area and adjacent neighborhoods. The Board further recognizes that locating adult entertainment facilities in close proximity to facilities frequented by minors will cause the exposure of minors to adult material which may adversely affect such minors due to their immaturity. Additionally, it is recognized by the Board that while certain adult entertainment enjoys limited protection under the First Amendment to the United States Constitution, substantial numbers of the citizens of the County of Monterey are offended by the public display of sexually oriented material. Special and limited regulation of adult entertainment uses, consistent with the First Amendment rights of such uses, is therefore necessary to insure that these adverse effects of adult entertainment uses will not contribute to the blighting or downgrading of zones in which they are permitted, the downgrading of surrounding neighborhoods, will not adversely affect minors, and will not offend those citizens of the County who do not wish to be exposed to sexually oriented material.

B.

Applicability: The provisions of this section apply to all proposed adult entertainment facilities.

C.

Definitions: As used in this section, the following terms shall have the following meanings:

1.

Specified sexual activities means:

a.

Human genitals in a state of sexual stimulation or arousal;

b.

Acts of human masturbation, sexual intercourse or sodomy;

c.

Fondling or other erotic touching or sex stimulation of human genitals, pubic region, buttock, or female breast.

2.

Specified anatomical areas means:

a.

Less than completely or opaquely covered;

i.

Human genitals;

ii.

Human buttock;

iii.

Human female breasts below a point immediately above the top of the areola; and

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

3.

Adult entertainment facility as used in this section shall include the following uses:

a.

Adult bookstore means an establishment having as all or a substantial or significant portion of its stock books, magazines or other periodicals or films, peepshows or other similar devices designed for use in individual viewing of films on the premises, which books, magazines, periodicals, films, peepshows, or similar devices are substantially devoted to the depiction of specified sexual activities or specified anatomical areas as defined herein.

b.

Adult motion picture theatre means a building or structure or portion thereof used for presenting material in the form of motion picture film, video tape or other similar means which film, video tape, or other means is substantially devoted to the depiction of specified sexual activities or specified anatomical areas for observation and viewing by patrons therein.

c.

Adult live entertainment establishment means a building or structure or portion thereof used or proposed to be used for presenting live entertainment which is substantially devoted to the depiction of specified sexual activities or specified anatomical areas for observation and viewing by patrons therein.

d.

Adult entertainment facility means any facility which includes an adult bookstore, an adult motion picture theatre, an adult live entertainment establishment or any other place of business of any similar purpose, operation or function.

e.

Massage establishment means any establishment or proposed establishment having a fixed place of business or which operates by means of soliciting or receiving business by means of telephonic communication without a fixed place of business, the purpose of which establishment is to give, receive, or provide massage or any similar or like service to customers or clients of said establishment. Massage establishment shall not include a facility operated by:

i.

Physicians, surgeons, chiropractors, osteopaths, physical therapists or massage therapists who are duly licensed to practice their respective professions in the State of California;

ii.

Nurses who are registered as such under the laws of the State of California.

D.

Location of Adult Entertainment Facilities.

1.

No persons, whether as principal, agent, employee or independent contractor, either for himself or for any other person, or as an officer of any corporation or member of any partnership, or otherwise, shall place, maintain, own, or operate any adult entertainment facility in the following locations:

a.

Within one thousand (1,000) feet of any HDR, MDR, LDR OR RDR district;

b.

Within one thousand (1,000) feet of any parcel of real property upon which is located any of the following:

i.

A public or private school attended primarily by minors;

ii.

A church;

iii.

A public work or recreation facility which is available for use by minors.

c.

Within one thousand (1,000) feet of any other adult entertainment facility.

2.

An adult entertainment facility shall only be permitted in commercial zoned districts upon first obtaining a Use Permit in each case.

E.

Public Display of Certain Matter Prohibited. Adult entertainment facilities shall not display or exhibit any material depicting specified anatomical areas or specified sexual activities in a manner which exposes said material to the view of persons outside the building in which said facility is located.

(Ord. No. 3558, 1991)

A.

Purpose: The purpose of this Section is to establish regulations for relocating structures and mobile homes onto any lot in the County of Monterey.

B.

Applicability: The provisions of this Section are applicable in all zoning districts.

C.

Regulations: No structure or mobile home may be relocated onto any lot unless:

1.

All necessary discretionary permits for the structure or mobile home or use of the structure or mobile home are obtained and appeals, if any, are resolved; or

2.

When no discretionary permits are required, all necessary building permits for the installation of the relocated structure or mobile home are issued.

A.

Purpose: The purpose of this Section is to establish regulations, procedures and standards to consider development on slopes in excess of thirty (30) percent.

B.

Applicability: The provisions of this Section are applicable in all zoning districts for all proposed development on slopes in excess of thirty (30) percent.

C.

Regulations.

1.

All development on slopes of thirty (30) percent or more requires a Use Permit, except as provided in Section 21.64.230C2 and 3.

2.

The following development may be allowed on slopes of thirty (30) percent to forty (40) percent provided an 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 one hundred (100) cubic yards; and

ii.

The excavation does not exceed two feet in depth; and

iii.

The excavated slope is not steeper than the one and one-half horizontal to one vertical;

c.

Fills on man-made slopes provided:

i.

The fill contains earth material only; and

ii.

The fill does not exceed one hundred (100) cubic yards; and

iii.

The fill does not exceed two feet in depth; and

iv.

The fill is not placed on a man-made slope in excess of one and one-half horizontal to one vertical.

d.

Additions to existing structures on natural or man-made slopes provided the addition does not exceed one hundred twenty (120) square feet on the slope area.

3.

Internal remodeling and second story additions of portions of structures existing on slopes of thirty (30) percent or more are exempt from Use Permits and Administrative Permits provided such remodeling or additions causes no site disturbance on slopes of thirty (30) percent or more.

D.

Appropriate Authority. The Appropriate Authority to consider Use Permits pursuant to Section 21.64.230C1 is the Monterey County Planning Commission unless such Use 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 Use Permit.

E.

Action of the Appropriate Authority.

1.

In order to approve development on slopes of thirty (30) percent 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 thirty (30) percent; or

b.

That the proposed development better achieves the goals, policies and objectives of the Monterey County General Plan and applicable area plan 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 21.64.230E1.

A.

Purpose.

1.

The purpose of this Section is to establish regulations, procedures, and standards to be used in the determination of vested land use rights as those rights are defined under existing law. This Section is not intended to make a change in common law or statutory vested rights standards in existence as of the date of adoption hereof.

2.

This Section is not intended to address the following:

a.

Legal non-conforming uses or structures which are regulated in Chapter 21.68 of Title 21.

b.

Questions regarding permit enforcement which are regulated in Chapter 21.84 of Title 21.

c.

Vesting tentative maps which are regulated in Title 19.

d.

Development or uses in accordance with binding development agreements.

3.

This Section is not intended to and does not limit nor restrict any other rights which may exist in law or equity, including the right to have a development application evaluated under the laws, policies, and/or regulations in effect at the time the application is determined to be complete by the Monterey County Planning Department.

B.

Applicability. The provisions of this Section are applicable in all zoning districts.

C.

Regulations.

1.

No person who has obtained a vested right in a development prior to the effective date of the applicable County ordinances or regulations or who has obtained a permit from the County in compliance with all applicable County ordinances or regulations in effect at the time said permit was granted shall be required to secure approval for said development; provided, however, that no significant or substantial change may be made in any such development without prior approval having been obtained from the County pursuant to other applicable County ordinances and regulations.

2.

Any person claiming a vested right in a development, which right is disputed by an official or department of the County, and who wishes to be exempt from any County land use or development permit requirements, shall substantiate the claim in a proceeding before the Planning Commission pursuant to this Section. In such a proceeding the claimant shall have the burden of proof as to each finding necessary to establish a vested right as set forth in Subsection 6 following.

3.

Any person who claims that a development is exempt from the County's permit requirements by reason of a vested right, and whose such claim is disputed by an official or department of the County, shall initiate such claim by filing a claim of vested rights with the Planning Department.

4.

For each claim, claimant shall provide the following information together with any other relevant information required by the Director of Planning:

a.

Name of claimant, address, telephone number.

b.

Name, address, and telephone number of claimant's representative, if any.

c.

Description of the development claimed to be exempt, including all incidental improvements such as utilities, road and other infrastructure, and a description of the specific parcel of land on, or specific boundaries within which such development or use exists. A site plan, development plan, grading plan, and construction or architectural plans may be attached as appropriate.

d.

A list of all governmental approvals which have been obtained, including those from State or Federal agencies, and the date of each final approval. Copies of all approvals shall be attached.

e.

A list of any governmental approvals which have not yet been obtained and anticipated dates of approval.

f.

A list of any conditions to which the approvals are subject and date on which the conditions were satisfied or are expected to be satisfied.

g.

A specification of the nature and extent of the work or use in progress or completed, including: (1) date of each portion commenced (e.g., grading, foundation work, structural work, etc.); (2) any governmental approval pursuant to which the portion was commenced; (3) portions completed and date on which completed, if applicable; (4) status of each portion on date of claim; (5) amounts of money expended on portions of work completed or in progress (dates and amounts of expenditures shall be itemized);

h.

A description of those portions of the development or use continuing and remaining to be completed.

i.

A list of the amount and nature of any liabilities incurred that are not covered above and dates incurred, and a list of any remaining liabilities to be incurred and date when these are anticipated to be incurred.

j.

A statement of the expected total cost of the development or use.

k.

A statement on whether the development or use is planned as a series of phases or segments, and if so, a description of the phases or segments involved.

l.

A statement of the date when is it anticipated that the total development or use will be completed.

m.

A written authorization of any agent acting on behalf of the applicant.

n.

A certification by applicant or agent as to all contents of documents submitted in support of the claim of vested right.

5.

As soon as practicable after an application for a determination of a claim of vested rights is found to be complete by the Planning Department, and in no event later than ninety (90) days from such date, the Planning Director shall notice a hearing before the Planning Commission pursuant to Chapter 21.78 of the Monterey County Code, to determine the claim of vested rights. The Director of the Planning Department shall make a written recommendation to the Planning Commission for consideration of the claim of vested rights. At such hearing, the Director of Planning shall introduce into evidence all evidence submitted by the claimant and all evidence submitted either supporting or in opposition to the claim.

6.

Action by the Planning Commission on a claim of vested right shall be supported by written findings of fact. The required findings to substantiate a claim of vested right shall be as follows:

a.

That the vested right has been established with respect to a specific parcel of land or within specifically described boundaries, or for a specifically described development or use;

b.

That each development or use as to which a vested right is sought was done in reliance upon a County-issued permit or was established prior to enactment of County regulations requiring such a permit;

c.

That each development or use as to which a vested right is sought does not exceed either:

1.

The scope authorized by the terms and conditions of the County-issued permit relied upon (if any); or

2.

The extent of the development or use as of the effective date of County ordinances or regulations regulating the development or use.

d.

That the person claiming a vested right performed substantial work and incurred substantial financial liabilities in good faith reliance upon a building permit issued by the County as required under existing law, or did the same prior to the effective date of the regulation from which a vested right exemption is sought; and

e.

That each development or use as to which a vested right is sought has not been abandoned to and including the effective date of the regulation from which a vested right exemption is sought.

7.

Each claim of vested rights is substantiated pursuant to Paragraph 6 of this Subsection C shall be acknowledged by the Planning Commission to the extent it has been substantiated. If the claim is not substantiated, it shall be denied by the Planning Commission. However, if the circumstances suggest that a claimant may be able to provide additional information to substantiate the claim or that other evidence is pertinent to the claim, the matter may be continued so that claimant may submit additional evidence.

8.

Appeals from a decision of the Planning Commission granting or denying a claim of vested rights may be made to the Board of Supervisors by any public agency or person aggrieved by the decision pursuant to Chapter 21.80 of the Monterey County Code.

9.

A final determination by the Planning Commission recognizing a claim of vested rights shall constitute acknowledgment that the development does not require any additional permit under C regulations provided that no substantial change may be made in the development except in accordance with the permit requirements of the County. If any approval upon which the acknowledgment is based lapse either by its own terms or pursuant to any provision of law, the acknowledgment made under this Section shall automatically and without further action be null and void and the development or use shall become subject to the permit requirements of the County.

D.

Filing Fee. The application fee for a determination of vested land use rights shall be as 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 concurrently with the withdrawal of the request and provided that the applicant has not been sent written notice of the application's completeness or incompleteness. In the latter case, fifty (50) percent of the filing fee shall be refunded.

(Ord. 3633, 1992)

(Ord. No. 5135, § 137, 7-7-2009)

A.

Purpose: It is the purpose of this Section to establish requirements to reduce vehicle trips in certain developments by ensuring that new developments, redevelopment, and expansion of existing developments contain the infrastructure and programs needed to reduce the need to travel and to encourage alternative modes of travel.

B.

Applicability: The provisions of this Section are applicable to all residential developments of twenty-five (25) or more units and all other applicable developments as defined herein.

C.

Definitions: The following definitions apply to this Section:

1.

"Alternative transportation mode" means any mode of travel that serves as an alternative to the single occupant vehicle including, but not limited to, ride sharing, carpooling, vanpooling, public transit, bicycling, walking, or alternative work modes such as telecommuting.

2.

"Applicable development" means any new development project that proposes:

a.

A residential development of twenty-five (25) or more units; or

b.

A new or expanded commercial, industrial or tourist oriented development which will employ fifty (50) or more persons; or

c.

A new or expanded commercial, industrial or tourist oriented development of twenty-five thousand (25,000) gross square feet or more.

Applicable Development includes complexes exceeding the fifty (50) employee threshold.

3.

"Average vehicle ridership (AVR)" means the figure determined by dividing the number of employees (including those telecommuting) at a regulated work site who commute to and from work during the peak period, by the number of vehicles driven by these employees between home and the work site over that five-day period.

4.

"Buspool" means use of a heavy duty vehicle designed and intended to be occupied by at least sixteen (16) passengers, the routing or scheduling for which is arranged between employer(s) and transit operators.

5.

"Carpool" means the use of a light duty motor vehicle by at least two but not more than six employees traveling together to work.

6.

"Commercial development" means a development to serve business, professional, or office purposes.

7.

"Complex" means any business park, shopping center, or mixed use development in separate or common ownership, which can be identified by two or more of the following characteristics:

a.

It is known by a common name given to the project by its developer.

b.

It is governed by a common set of covenants, conditions, and restrictions.

c.

It was approved, or is to be approved as an entity by the County.

d.

It is covered by a single tentative or final subdivision map or has been represented to the County as a single site and development.

e.

It is located on a single assessor's parcel.

f.

It is part of a master plan community or a specific area plan.

At the discretion of the County, a complex may also include the central business district and/or strip commercial areas.

8.

"Congestion management program (CMP)" means the County-wide program developed in accordance with California Government Code Sections 65088 et seq., requiring local jurisdictions and Congestion Management Agencies to adopt and implement a trip reduction and travel demand element.

9.

"County" means an administrative body or person within the organizational structure of the County of Monterey, such as the Board of Supervisors, Planning Commission, Minor Subdivision Committee, Zoning Administrator or Building Official with the power to grant a ministerial or discretionary permit to an applicable development.

10.

"Developer" means the individual or company who is responsible for the planning, design, construction and/or management of an applicable development.

11.

"Drive alone rate" means the percentage of employees driving to and from work without a passenger.

12.

"Facility(ies)" means the total of all buildings, structures and grounds that encompass the development site of an applicable development.

13.

"Mixed-use development" means any development project that combines residential uses with any one of these or similar land uses: day care, office, commercial, light industrial, retail, and business park.

14.

"Park-and-ride lot" means a free parking lot located near residential communities or along highways which is served by a transit route or can be used by commuters as a staging area for carpool formation or for catching a bus and/or by visitors as a staging area for tourist shuttle buses.

15.

"Parking cash out program" means an employer funded, tax-deductible program where the employer provides a cash allowance to an employee that is equivalent to the parking subsidy the employer would otherwise provide.

16.

"Parking management" means the comprehensive management of the location, cost and availability of parking to effect changes in travel behavior, trips generated, and transportation mode used.

17.

"Permit" means a ministerial or discretionary permit from the County for an applicable development.

18.

"Site development plan" means a precise plan of a particular development or permit for an applicable development.

19.

"Special event" means a seasonal, recurring activity or a singular event which attracts both residents and non-residents to a facility for recreational or other activities.

20.

"Special event promoter" means the applicant who applies for a permit to stage, present, or advertise a special event.

21.

"Telecommuting" means a method(s) of conducting work without leaving one's residence.

22.

"Tourist oriented development" means a development whose purpose is to accommodate, or to sell to, the traveling public, or to promote tourism.

23.

"Transportation demand management (TDM)" means the implementation of programs, plans, pricing, or policies designed to encourage changes in individual travel behavior.

24.

"Transportation Management Association (TMA)" means a group of employers or others joining together in a formal association with the intent to reduce trips.

25.

"Trip" means a vehicle trip.

26.

"Trip reduction" means reducing the number of trips made in single occupant vehicles.

27.

"Trip reduction checklist" means a listing of the TDM methods proposed to be used by developers to reduce trips.

28.

"Vanpool" means the organization of seven or more persons traveling to and from work in one vehicle.

29.

"Vehicle trip" means a point journey or trip in one direction utilizing a vehicle.

D.

Regulations: The following regulations apply to all Applicable Developments:

1.

Developers of all proposed applicable developments shall submit a Trip Reduction Checklist as part of the ministerial or discretionary permit application materials for the proposed applicable development. The checklist and site development shall identify the proposed design elements and facilities that encourage alternative transportation usage by residents, employees and customers of that development.

2.

The County shall consider the nature and size of the development when reviewing the Trip Reduction Check list. After review of the Trip Reduction Checklist and site development plans submitted with the application, they County may require, but not be limited to, one or all of the following programs from the developer as a condition of approval of the development:

a.

Provide ridesharing, public transportation, and nearby licensed child care facility information to tenants/buyers as part of move-in materials.

b.

Print transit scheduling information on all promotional materials.

c.

Install bicycle amenities, such as bicycle racks and bicycle lanes (where appropriate), paths and routes, and at intermodal connection points.

d.

Provide bus pull-outs, pedestrian access, transit stops, shelters and amenities as part of the site plan, as described in the Monterey Salinas Transit Development Review Guidebook or subsequent publications.

e.

Provide locked and secure transportation information centers or kiosks with bus route and schedule information, as part of common areas in applicable developments.

f.

Provide pedestrian facilities linking transit stops and common areas.

g.

Provide financial resources for site amenities that reduce vehicle trips.

h.

Provide park-and-ride facilities.

i.

Provide on-site child care facilities.

j.

Provide local TDM Improvements defined as shuttle bus services, bus pools or improved transit service as part of the development.

k.

Provide facilities such as computers and modems to encourage telecommuting.

l.

Pay trip generation fees with proceeds to go toward provision of transit service, transportation management associations, ridesharing services and other alternative transportation services.

m.

Provide mixed land uses designed to reduce the length and number of vehicle trips where permitted by the zoning ordinance.

n.

Provide pedestrian and bicycle system improvements.

o.

Provide transit oriented design or pedestrian oriented design, or both.

p.

Provide park-and-ride, public transportation shuttles, and associated marketing to special event ticket purchasers as part of the special event promotion or site or business promotion.

q.

Prepare programs and projects to provide alternatives to automobile transportation into Monterey County.

r.

Provide alternative transportation from the airport, provide airport information displays, contribute to the marketing or fare promotions of transit service and transit passes, provide concierges as sources of tourist transit promotion, rent bicycles to visitors, provide contribution of funds for implementing rail service to the area, provide transit informational displays.

s.

Provide educational and marketing strategies designed to induce tourists to reduce their vehicle trips.

t.

Provide on-site banking automatic teller machines (ATMs), restaurants, dry cleaners, grocery, and other typically needed services to reduce the need for vehicle trips. Link these uses with convenient and pedestrian oriented paths. Provide transit access that allows bus passengers convenient access to uses with a minimum of walking distance.

u.

Locate building entrances close to bus stops with access uninterrupted by parking lots, parking aisles, and interior roadways. Place parking at the rear of the development and the transit stop at the front of the development near the main entrance.

E.

Employee Generation Factors: The following are the employee generation factors by type of use:

* Note: Locally generated data using summer (May-Sept.) figures may be substituted.

A.

Purpose. The purpose of this Section is to provide the regulations for the protection and preservation oak and other specific types of trees as required in the Monterey County General Plan, area plans and master plans. This Section is also intended to provide the procedures under which proposed removal of such trees may be considered or exempted.

B.

Applicability. The provisions of this Section are applicable throughout the unincorporated area of the County of Monterey outside the Coastal Zone.

C.

Regulations. Except as provided in Subsection 21.64.240F of this Section the following regulations apply:

1.

No oak or madrone tree six inches or more in diameter two feet above ground level shall be removed in the North County Area Plan or Toro Area Plan areas without approval of the permit(s) required in Subsection 21.64.240D.

2.

No oak, madrone or redwood tree six inches or more in diameter two feet above ground level shall be removed in the Carmel Valley Master Plan area without approval of the permit(s) required in Subsection 21.64.240D.

3.

No native tree six inches or more in diameter two feet above ground level shall be removed in the Cachagua Area Plan area without approval of the permit(s) required in Subsection 21.64.240D.

"Native trees," for the purpose of this subsection, are:

a.

Santa Lucia Fir;

b.

Black Cottonwood;

c.

Fremont Cottonwood;

d.

Box Elder;

e.

Willows;

f.

California Laurel;

g.

Sycamores;

h.

Oaks;

i.

Madrones.

4.

No oak tree six inches or more in diameter two feet above ground level may be removed in any other area of the County of Monterey designated in the applicable area plan as Resource Conservation, Residential, Commercial or Industrial (except Industrial, Mineral Extraction) without approval of the permit(s) required in Subsection 21.64.240D.

5.

No landmark oak tree shall be removed in any area except as may be approved by the Director of Planning pursuant to Subsection 21.64.240D.

Landmark oak trees are those trees which are twenty-four (24) inches or more in diameter when measured two feet above the ground, or trees which are visually significant, historically significant, or exemplary of their species.

6.

No oak trees six inches or more in diameter two feet above ground level may be removed in any other area of the County of Monterey designated in the applicable area plan as Agricultural or Industrial, Mineral Extraction, unless such removal meets the purpose and standards required in Subsection 21.64.240E.

7.

No oak trees may be removed in any area of the County of Monterey for commercial harvesting purposes without approval of a Use Permit by the Planning Commission.

D.

Permits Required.

1.

Permit Required: No person shall do, cause, permit, aid, abet, suffer or furnish equipment or labor to remove, cut down or trim more than one-third of the green foliage of, poison or otherwise kill or destroy any tree as specified in this Section until a tree removal permit for the project has first been obtained.

All provisions of this Section shall apply to any person removing trees on behalf of any other person, including all companies or persons in the business of removing trees or construction. It shall be unlawful for any person or company to remove or cause to be removed or undertake any work for which a permit is required under this Section, unless a valid permit has been obtained and is in effect.

2.

Removal of Three or Less Protected Trees: The Director of Planning may approve the removal of no more than three protected trees per lot in a one-year period. The following information shall be submitted to the Director of Planning prior to consideration of such removal:

a.

Applicants or authorized representatives name, address and telephone number;

b.

The description of the site(s) involved, including the street address, if any, and the assessor's parcel number;

c.

A site plan sufficient to identify and locate the trees to be removed, other trees, buildings, proposed buildings, and other improvements;

d.

The purpose for the tree removal;

e.

A description of the species, diameter two feet above ground level, estimated height, and general health of the trees to be removed.

f.

A description of the method to be used in removing the tree(s);

g.

A statement showing how trees not proposed for removal are to be protected during removal or construction;

h.

Proposed visual impact mitigation measures the applicant intends to take (if appropriate). Size, location and species of replacement trees, if any, shall be indicated in the site plan;

i.

Such further information as may be required by the Director of Planning, including, but not limited to, the opinion of a registered professional forester, tree surgeon, or other qualified expert to enable the determination of matter required under these regulations.

3.

Removal of More Than Three Protected Trees:

a.

Removal of more than three protected trees on a lot in a one-year period shall require a Forest Management Plan and approval of a Use Permit by the Monterey County Planning Commission.

b.

The Forest Management Plan shall be prepared by a qualified professional forester, as selected from the County's list of Consulting Foresters. Plan preparation shall be at the applicant's expense.

c.

The Director of Planning shall prescribe the format and content requirements for the Forest Management Plan and maintain a list of qualified and acceptable foresters to prepare the Forest Management Plan.

d.

All tree removal requests coming under this subsection shall be subject to the requirements of the California Environmental Quality Act (CEQA).

4.

Relocation or Replacement: As a consideration of the granting of a permit pursuant to Subsections 2 or 3, the applicant shall be required to relocate or replace each removed protected tree on a one-to-one ratio. This requirement may be varied upon a showing that such a requirement will create a special hardship in the use of the site or such replacement would be detrimental to the long-term health and maintenance of the remaining habitat.

5.

Required Findings: In order to grant the permit for tree removal, the Appropriate Authority shall make the following findings based on substantial evidence:

a.

The tree removal is the minimum required under the circumstances of the case; and

b.

The removal will not involve a risk of adverse environmental impacts such as:

1.

Soil erosion;

2.

Water Quality: The removal of the trees will not substantially lessen the ability for the natural assimilation of nutrients, chemical pollutants, heavy metals, silt and other noxious substances from ground and surface waters;

3.

Ecological Impacts: The removal will not have a substantial adverse impact upon existing biological and ecological systems, climatic conditions which affect these systems, or such removal will not create conditions which may adversely affect the dynamic equilibrium of associated systems;

4.

Noise Pollution: The removal will not significantly increase ambient noise levels to the degree that a nuisance is anticipated to occur;

5.

Air Movement: The removal will not significantly reduce the ability of the existing vegetation to reduce wind velocities to the degree that a nuisance is anticipated to occur;

6.

Wildlife Habitat: The removal will not significantly reduce available habitat for wildlife existence and reproduction or result in the immigration of wildlife from adjacent or associated ecosystems; or

c.

The tree is diseased, injured, in danger of falling too close to existing or proposed structures, creates unsafe vision clearance, or is likely to promote the spread of insects of disease.

6.

Conditions of Approval: In granting any permit as provided herein, the Appropriate Authority may attach reasonable conditions to mitigate environmental impacts and ensure compliance with the provisions of this Section, including but not limited to replacement of trees removed.

7.

Emergencies: In the case of emergency caused by hazardous or dangerous condition of a tree and requiring immediate action for the safety of life or property, such necessary action may be taken to remove the tree or otherwise reduce or eliminate the hazard without complying with the other provisions of this Section, except that the person responsible for cutting or removal of the tree(s) shall report such action to the Director of Planning within ten (10) working days thereafter.

E.

Purpose and Standards for Agricultural Areas. Removal of oak trees in the areas outside of the North County Area Plan, Toro Area Plan, Cachagua Area Plan and Carmel Valley Master Plan designated Farmlands, Rural Grazing or Permanent Grazing by the applicable area plan shall be allowed only if the following purposes and standards are satisfied.

1.

Oak tree removal is allowed without a permit for any of the following reasons:

a.

Rangeland improvement;

b.

Promotion of wildlife habitat;

c.

Enhancement of watershed area;

d.

Elimination of trees hazardous to life or property, or;

e.

Firewood for the use of the owners and other persons residing on site.

2.

Standards:

a.

The current Best Management Practices as promulgated by the University of California Hardwood Range Management Plan shall be followed to maintain and promote regeneration of oak trees.

b.

A representative sample of sizes, ages and species of oaks shall be retained with special emphasis placed on retaining samplings.

c.

The number of oaks on any acre shall not be reduced to less than twenty-five (25) percent canopy existing at the time of adoption of this ordinance.

d.

Removal of oak trees encroaching on existing cultivated farmland is allowed.

3.

Oak trees on land being converted to irrigated farmland where a Use Permit is required for such conversion by area plan policy shall not be allowed until such use permit is approved and applicable conditions are met.

4.

Removal for purposes not under the guidelines of this Subsection may be approved by the Director of Planning on an individual basis.

F.

Exemptions. The following tree removal activities are exempted from the provisions of this Section:

1.

Timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Zberg-Nejedly Forest Practices Act of 1973 (commencing with Section 45110 of the Public Resources Code).

2.

Tree removal pursuant to Public Utilities Commission General Order 95 or by governmental agencies within public rights-of-way.

3.

Tree removal for construction of structures, roads and other site improvements included in an approved subdivision, Use Permit, or similar discretionary permit.

(Ord. No. 5135, § 138, 7-7-2009)

A.

Purpose: To provide reasonable flexibility of zoning standards to encourage and accommodate the renovation and rehabilitation of historic resources and structures within historic districts.

B.

Following the provision of notice pursuant to Chapter 21.70 of this Code, the Director of Planning may grant an exception to the zoning district regulations when such exception is necessary to permit the preservation or restoration of, or improvements to, a structure designated as historically significant pursuant to the provisions of Chapter 18.85 of this Code. Such exceptions may include, but are not limited to, parking, yards, height, and coverage regulations. Such exceptions shall not include approval of uses not otherwise allowed by the zoning district regulations.

(Ord. 3795, 1994)

(Ord. No. 5135, § 139, 7-7-2009)

All administrative permits issued under the now inoperative Section 21.64.280 shall be considered legal nonconforming pursuant to Chapter 21.68, and shall follow Section 21.64.290(G).

(Ord. 3911, 1997)

(Ord. No. 5135, § 140, 7-7-2009; Ord. No. 5422, § 39, 8-27-2024)

A.

Purpose: It is the purpose of this Section to:

1.

Preserve and enhance the residential character of the zoning districts established in Title 21 and the sense of security and safety in stable neighborhoods of residential properties.

2.

Provide opportunity for visitors to access public areas of the unincorporated areas of Monterey County through vacation rental opportunities, benefiting the local economy while preserving the housing supply and quality of life, and protecting public health, safety, and general welfare.

3.

Establish regulations that provide opportunity for homeowners and residents to offer vacation rentals for visitors that have the potential to provide financial benefits to offset the high cost of living in Monterey County.

4.

Establish that limited vacation rental and homestay uses are similar in character, density, and intensity to residential use, are not anticipated to convert long-term housing to nonresidential use.

5.

Establish regulations to address commercial vacation rental uses that have the potential to impact the character, density, and intensity of residential uses, convert long-term housing to nonresidential use, or pose hazards to public health, safety, and general welfare in areas known to have infrastructure limitations.

B.

Definitions: The definitions in Chapter 21.06 shall apply. Unless otherwise expressly stated, whenever used in this Section, the following words shall have the meanings set forth below:

1.

"Bedroom" means any habitable room of a dwelling unit which is: (1) seventy (70) square feet or greater in size for the first individual in a bedroom and fifty (50) square feet of space for each additional individual in the room; (2) has an exterior door or window for egress meeting health and safety code standards at the time the dwelling was constructed; and (3) has a closing door that separates the room from other areas of the dwelling. The following shall not be considered a bedroom: Any interior room that must be passed through to access another bedroom; a hallway; bathroom; kitchen; living room; dining room; family room; breakfast nook; pantry; laundry room; or closet/dressing room opening off a bedroom.

2.

"Commercial vacation rental" means a vacation rental that is non-hosted and rented for more than three times per 12-month period.

3.

"County" means County of Monterey.

4.

"Homestay" means a vacation rental in which the owner occupies at least one bedroom within the vacation rental while it is being rented as a vacation rental. The vacation rental must be the owner's primary residence.

5.

"Limited vacation rental" means a vacation rental that is non-hosted and rented for not more than three times per 12-month period.

6.

"Non-hosted" means that an operator does not occupy the vacation rental while it is being rented.

7.

"Operator" means a person who operates the vacation rental and, if not the owner, a person who has the legal permission of the owner to operate the vacation rental on the subject real property.

8.

"Owner" means the person or persons who hold fee title to the real property upon which a vacation rental is operated.

9.

"Owner's primary residence" means a residential property lived in by the owner for at least one hundred eighty-three (183) days, which is documented by at least two of the following: motor vehicle registration, voter registration, homeowner's exemption on their property taxes, or a utility bill.

10.

"OWTS" means an onsite wastewater treatment system, also referred to as a septic system, as regulated by Chapter 15.20 of the Monterey County Code.

11.

"Property manager" means the person who is designated by the operator as being responsible for managing the vacation rental operation and it may include the owner, professional property manager, realtor, other resident, or nonresident owner of the subject property.

12.

"Residential property" means improved property, used or occupied, or intended to be used or occupied, for residential purposes.

13.

"Vacation rental" means the use, by any person, of residential property for transient lodging where the term of occupancy, possession, or tenancy of the property by the person entitled to such occupancy, possession, or tenancy for a period of thirty (30) consecutive calendar days or fewer, counting portions of calendar days as full days. "Vacation rental" includes commercial vacation rentals, homestays, and limited vacation rentals. "Vacation rental" does not include a bed and breakfast facility, hotel, motel, hostel, inn, roominghouse, boardinghouse, rooming or boarding.

C.

Applicability: This Section applies in the unincorporated inland areas of the County of Monterey.

D.

Regulations for homestays:

1.

Homestays are allowed in the following zoning districts, subject to the requirements of this Section:

a.

High Density Residential (HDR);

b.

Medium Density Residential (MDR);

c.

Low Density Residential (LDR);

d.

Rural Density Residential (RDR);

e.

Light Commercial (LC);

f.

Heavy Commercial (HC);

g.

Visitor-serving/Professional Office (VO);

h.

Farmland (F);

i.

Rural Grazing (RG);

j.

Permanent Grazing (PG);

k.

Resource Conservation (RC);

l.

Community Plan (CP), subject to Section 21.39.030.B (Regulations for Community Plan Zoning Districts or "CP" Districts" - Uses Allowed) except industrial and public/quasi-public land use designations within the CP districts; and

m.

Specific Plan (SP), subject to Section 21.41.030.B (Regulations for Specific Plan Zoning Districts or "SP" Districts - Uses Allowed) except industrial and public/quasi-public land use designations within the SP district.

2.

Homestays shall be prohibited in any other zoning district.

E.

Regulations for limited vacation rentals:

1.

Limited vacation rentals are allowed in the following zoning districts, subject to the requirements of this Section:

a.

High Density Residential (HDR);

b.

Medium Density Residential (MDR);

c.

Low Density Residential (LDR);

d.

Rural Density Residential (RDR);

e.

Light Commercial (LC);

f.

Heavy Commercial (HC);

g.

Visitor-serving/Professional Office (VO);

h.

Farmland (F);

i.

Rural Grazing (RG);

j.

Permanent Grazing (PG);

k.

Resource Conservation (RC);

l.

Community Plan (CP), subject to Section 21.39.030.B (Regulations for Community Plan Zoning Districts or "CP" Districts" - Uses Allowed) except industrial and public/quasi-public land use designations within the CP districts; and

m.

Specific Plan (SP), subject to Section 21.41.030.B (Regulations for Specific Plan Zoning Districts or "SP" Districts - Uses Allowed) except industrial and public/quasi-public land use designations within the SP district.

2.

Limited vacation rentals shall be prohibited in any other zoning district.

F.

Regulations for commercial vacation rentals:

1.

Commercial vacation rentals are allowed with a use permit in the following zoning districts, subject to the requirements of this Section:

a.

High Density Residential (HDR);

b.

Medium Density Residential (MDR);

c.

Low Density Residential (LDR);

d.

Rural Density Residential (RDR);

e.

Light Commercial (LC);

f.

Heavy Commercial (HC);

g.

Visitor-serving/Professional Office (VO);

h.

Farmland (F);

i.

Rural Grazing (RG);

j.

Permanent Grazing (PG);

k.

Resource Conservation (RC);

l.

Community Plan (CP), subject to Section 21.39.030.B (Regulations for Community Plan Zoning Districts or "CP" Districts" - Uses Allowed) except industrial and public/quasi-public land use designations within the CP districts; and

m.

Specific Plan (SP), subject to Section 21.41.030.B (Regulations for Specific Plan Zoning Districts or "SP" Districts - Uses Allowed) except industrial and public/quasi-public land use designations within the SP district.

2.

Commercial vacation rentals shall be prohibited in any other zoning district.

3.

Commercial vacation rentals are subject to the following additional limitations based on a maximum allowable limit of permitted commercial vacation rentals not to exceed four percent of the total single family residential dwelling unit count:

a.

Central Salinas Valley Area Plan as follows: A total of sixty-six (66) maximum use permits shall be issued at any given time for commercial vacation rental uses within the Central Salinas Valley Area Plan area.

b.

Cachagua Area Plan as follows: A total of twenty (20) maximum use permits shall be issued at any given time for commercial vacation rental uses within the Cachagua Area Plan area.

c.

Carmel Valley Master Plan as follows:

i.

Commercial vacation rentals are prohibited in the RDR, LDR, MDR, and HDR zoning districts within the Carmel Valley Master Plan area.

ii.

A total of two hundred one (201) maximum use permits shall be issued at any given time for commercial vacation rental uses within the Carmel Valley Master Plan area, excluding RDR, LDR, MDR, and HDR zoning districts.

d.

Toro Area Plan as follows: A total of one hundred seventy-three (173) maximum use permits shall be issued at any given time for commercial vacation rental uses within the Toro Area Plan area.

e.

Fort Ord Master Plan as follows: A total of forty (40) maximum use permits shall be issued at any given time for commercial vacation rental uses within the Fort Ord Master Plan area.

f.

Greater Monterey Peninsula Area Plan as follows: A total of one hundred fifty-five (155) maximum use permits shall be issued at any given time for commercial vacation rental uses within the Greater Monterey Peninsula Area Plan area.

g.

North County Inland Area Plan as follows: A total of two hundred twenty-six (226) maximum use permits shall be issued at any given time for commercial vacation rental uses within North County Inland Area Plan area.

h.

South County Area Plan as follows: A total of fifty-two (52) maximum use permits shall be issued at any given time for commercial vacation rental uses within the South County Area Plan area.

i.

Greater Salinas Area Plan as follows: A total of eighty (80) maximum use permits shall be issued at any given time for commercial vacation rental uses within the Greater Salinas Area Plan area.

j.

All existing transient use of residential property permits or entitlements issued prior to October 14, 2024 of this Chapter will count against their respective Area or Master Plan cap. If upon the permit or entitlement expiration date or within seven years of October 14, 2024 of this Chapter, the operator does not make an application for all permits, licenses, certificates, or other entitlements required by County regulations, the count will be added back to the Area or Master Plan cap.

4.

A commercial vacation rental that is not accessible directly from a public road shall be subject to Monterey County Code Chapter 16.80. Upon making an application with the County for vacation rental use, the operator shall be required to mail notice to all properties with ownership or access rights to the private road to inform them of the proposed vacation rental use and shall include the application reference number, location of the vacation rental, name and contact information for the property manager; and procedures and contact information for the County.

5.

Commercial vacation rentals must demonstrate that response times for County emergency services for fire and emergency medical will be adequate pursuant to the 2010 County of Monterey General Plan Safety Element Policy PS-1.1 and Table PS-1. Commercial vacation rentals must provide contact information for County emergency services for fire and emergency medical. Notice of emergency services contact information shall be included in rental contracts and posted within the unit in a prominent place within six feet of the front door. The notice shall identify the average response time for emergency services to reach the subject property and describe the onsite fire protection systems (such as fire breaks, alarms and/or water storage tanks) available.

6.

Commercial vacation rentals shall provide parking as required for the dwelling type by Monterey County Code Section 21.58.040, or the applicable parking regulations at the time the dwelling was built.

7.

Only one commercial vacation rental shall be allowed per legal lot of record, regardless of the number of dwellings on the legal lot of record, except in the development types and zoning districts specified below. This provision does not apply to other types of developments, such as planned unit developments or similar cluster residential subdivisions. This provision does not apply to Light Commercial (LC), Heavy Commercial (HC), and Visitor-Serving/Professional Office (VO) zoning districts. These districts shall be allowed more than one Commercial Vacation Rental per legal lot of record and shall not exceed the number of residential units per legal lot of record.

8.

A commercial vacation rental served by an OWTS shall maintain the system in good working order and ensure it is functioning properly at all times. The OWTS shall comply with Monterey County Code Chapter 15.20.

9.

If the commercial vacation rental is served by an OWTS, the operator shall submit evidence that the system is in good working order and functioning properly by providing a performance evaluation report completed by a qualified OWTS professional in the form and manner required by the County. Any OWTS component noted to be in unacceptable condition shall be repaired or replaced prior to County approval of a use permit.

10.

The owner of the vacation rental shall only have an ownership interest in one commercial vacation rental real property within the unincorporated Monterey County at a time.

11.

Required Findings. To grant a use permit for a commercial vacation rental, the appropriate authority must find, based on substantial evidence, that the commercial vacation rental complies with all findings required for a use permit pursuant to Chapter 21.74 and complies with all requirements of this Section.

12.

Time Limits. All use permits issued for commercial vacation rentals shall be subject to the following time limits on the use authorized by the Use Permit:

a.

The initial use permit shall be issued for a term of no more than seven years.

b.

The operator may apply to extend the use permit prior to the expiration date of the use permit pursuant to Section 21.74.110 of this Title. The extension application shall be made at least thirty (30) days prior to the expiration of the use permit. The use permit shall be extended by the appropriate authority by seven years upon each renewal, unless the appropriate authority finds that the operation is subject to revocation or modification according to the criteria set forth in Section 21.74.060.

c.

The Operator shall maintain a valid business license pursuant to Chapter 7.02 and a valid vacation rental operation license pursuant to Chapter 7.120 of this Code throughout the permitted term of the commercial vacation rental use.

d.

The purpose of the seven-year term limit is to provide adequate ongoing review of the commercial vacation rental to ensure that the use continues to meet the standards of this Section.

G.

Phasing Out Unpermitted Operations:

1.

To provide time for the operator of a vacation rental that was unpermitted prior to October 14, 2024 to bring the vacation rental into compliance with this Section, an operator who can demonstrate that vacation rental use was established and operating on the subject property prior to October 14, 2024 may continue the operation for a limited period of time.

2.

The operator has six months from October 14, 2024, to make an application for all permits, licenses, certificates, or other entitlements required by this Code. The operator will be allowed to continue to operate as a vacation rental for up to six months from October 14, 2024, or until County takes action on the operator's application for all required permits, licenses, and entitlements made pursuant to this Code, whichever is later, unless County requires earlier termination of the vacation rental use due to a risk to public health, safety and welfare. The operator must diligently pursue the approval and issuance of the required permits, licenses, and entitlements, or the County can require earlier termination of the vacation rental.

3.

Nothing in this Section prohibits the County from taking enforcement action, which may lead to shutting down a vacation rental operation, during the phasing out period if the vacation rental creates an immediate or imminent threat to life, public health, or safety.

4.

Pending applications submitted by a qualified applicant to the County, pursuant to Section 21.64.280, that have not been approved by the appropriate authority by October 14, 2024, shall be required to comply with this Section.

H.

Phasing Out Previously Permitted Operations:

1.

All administrative permits issued pursuant to Section 21.64.280 for the transient use of residential property prior to October 14, 2024, of this Chapter shall be required to comply with this Section upon expiration of their existing permit. If the prior use is no longer allowed pursuant to this Section, the operator must cease operations at the time of the expiration of their permit.

2.

All administrative permits issued pursuant to Section 21.64.280 for the transient use of residential property prior to October 14, 2024, of this Section without expiration dates shall be required to comply with this Section within seven years of October 14, 2024.

3.

Nothing in this Section prohibits the County from taking enforcement action, which may lead to shutting down a vacation rental operation, during the phasing out period if the vacation rental creates an immediate or imminent threat to life, public health, or safety.

I.

Exemptions: The regulations set forth in this Section do not apply to unique neighborhoods with existing developments that were established with the intent of managed vacation rentals. The existing permitted unique neighborhoods with managed vacation rentals must operate according to the regulations and conditions approved through its original land use entitlement.

J.

Operative Date: This Section shall become operative on October 14, 2024.

(Ord. No. 5422, § 40, 8-27-2024)

A.

Purpose: The purpose of this Section is to establish the regulations, standards and circumstances for the siting, design, construction and maintenance of wireless communication facilities in the unincorporated area of the County of Monterey.

It is also the purpose of this Chapter to assure, by the regulation of siting of wireless communications facilities, that the integrity and nature of residential, rural, commercial, and industrial areas are protected from the indiscriminate and inappropriate proliferation of wireless communication facilities while complying with the Federal Telecommunication Act of 1996, General Order 159A of the Public Utilities Commission of the State of California and the policies of Monterey County.

B.

Applicability: The provisions of this Section are applicable in all zoning districts.

C.

Regulations: Wireless communication facilities shall be allowed on any lot or parcel in any zoning district, subject to a discretionary permit, and subject to the following regulations:

1.

Wireless communication facilities shall comply with all applicable goals, objectives and policies of the general plan, area plans, zoning regulations and development standards.

2.

Wireless communication facilities shall comply with all FCC rules, regulations, and standards.

3.

Wireless communication facilities shall comply with all applicable criteria from the Monterey County Airport Land Use Commission (ALUC) and the Federal Aviation Administration (FAA).

4.

Wireless communication facilities shall be sited in the least visually obtrusive location possible. Appropriate mitigation measures shall be applied in instances where the facility is visible from a public viewing area.

5.

A visual simulation of the wireless communication facility shall be provided. Visual simulation can consist of either a physical mock-up of the facility, balloon simulation, computer simulation or other means. In instances where the wireless communication facility is located near or in a residential area, photos shall be submitted of the proposed wireless communication facility from the nearest residential neighbors. In instances where the wireless communication facility is located along a scenic corridor, or within a Historic Resource Area or District, a detailed visual analysis of the facility shall be submitted.

6.

Where the wireless communication facility is proposed to be located within a designated historic resource site or district, the applicant shall comply with the regulations for historic resources pursuant to Chapter 21.54 and Chapters 18.25 and 18.26.

7.

Where a wireless communication facility exists on the proposed site location, co-location shall be pursued to the maximum extent feasible. If a co-location agreement cannot be met, documentation of the effort and the reasons why co-location was not possible shall be submitted and reviewed by the Director of Planning.

8.

Other regulations enacted pursuant to the General Plan and Area Plan, may be applied to the proposed wireless communication facility, depending on the location and type of facility.

D.

Exemptions: The following types of wireless communications facilities are allowed in any zoning district and are exempt from the provisions of this Chapter:

1.

Structure-mounted antennas as defined in Section 21.64.310F3 of this Chapter.

2.

Ground-mounted antennas as defined in Section 21.64.310F4 of this Chapter.

3.

A ground- or building-mounted receive-only radio or television antenna including any mast, for the sole use of the tenant occupying the parcel on which the radio or television antenna is located.

4.

A ground- or building-mounted citizens band radio antenna including any mast, provided the height of the antenna, including the tower, support structure, or post, does not exceed zoning district height requirements of the zoning district.

5.

A ground-, building- or tower-mounted antenna operated by a federally licensed amateur radio operator as part of the Amateur Radio Service, provided that its maximum height does not exceed the height requirements of the zoning district.

6.

A ground- or building-mounted receive-only radio or television satellite dish, which does not exceed eighteen (18) inches in diameter, for the sole use of the resident occupying a residential parcel on which the satellite dish is located; provided the height of said dish does not exceed the height of the ridgeline of the primary structure on said parcel.

7.

Mobile services providing public information coverage of news events of a temporary nature.

8.

Hand held devices such as cell phones, business-band mobile radios, walkie-talkies, cordless telephones, garage door openers and similar devices as determined by the Planning Director.

E.

Findings:

1.

The proliferation of antennas, towers, and or satellite dishes could create significant, adverse visual impacts; therefore, there is a need to regulate the siting, design, and construction of wireless communication facilities to insure that the appearance and integrity of the community is not marred by the cluttering of unsightly facilities.

2.

General Order 159A of the Public Utilities Commission (PUC) of the State of California acknowledges that local citizens and local government are often in a better position than the Commission to measure local impact and to identify alternative sites. Accordingly, the Commission will generally defer to local governments to regulate the location and design of cell sites, wireless communication facilities and MTSOs (mobile telephone switching office) including (a) the issuance of land use approvals; (b) acting as Lead Agency for purposes of satisfying the California Environmental Quality Act (CEQA) and, (c) the satisfaction of noticing procedures for both land use and CEQA procedures.

3.

While the licensing of wireless communication facilities is under the control of the Federal Communication Commission (FCC) and Public Utilities Commission (PUC) of the State of California, local government must address public health, safety, welfare, zoning, and environmental concerns.

4.

In order to protect the public health, safety and the environment, it is in the public interest for local government to establish rules and regulations addressing certain land use aspects relating to the construction, design, and siting of wireless communication facilities and the compatibility with surrounding land uses.

F.

Definitions.

1.

"ALUC" means Airport Land Use Commission of Monterey County

2.

"Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure.

3.

"Antenna, structure-mounted" means any antenna, other than an antenna with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building-mounted mast less than ten (10) feet tall and six inches in diameter and not exceeding the height limit for the zoning district.

4.

"Antenna, ground-mounted" means any antenna with its base placed directly on the ground or a mast less than ten (10) feet tall and six inches in diameter and not exceeding the height limit for the zoning district.

5.

"Cellular service" means a telecommunications service that permits customers to use wireless, mobile telephones to connect, via low-power radio transmitter sites called cell sites, either to the public switched network or to other mobile cellular phones.

6.

"CEQA" means California Environmental Quality Act. Guidelines established to identify and prevent potentially significant environmental impacts as well to identify ways that environmental damage can be avoided or significantly reduce by the use of alternatives or mitigation measures.

7.

"Co-located communication facility" means a telecommunication facility comprised of a single telecommunication tower or building supporting one or more antennas, dishes, or similar devices owned or used by more than one public or private entity.

8.

"Equipment building, shelter or cabinet" means a cabinet or building used to house equipment used by telecommunication providers to house equipment at a facility.

9.

"FAA" means Federal Aviation Administration.

10.

"FCC" means Federal Communications Commission.

11.

"MTSOs" means Mobile Telephone Switching Offices.

12.

"Monopole" means a structure erected on the ground to support wireless communication antennas and connecting appurtenances.

13.

"PCS (Personal Communications Services)" means digital wireless telephone technology such as portable phones, pagers, faxes and computers. Such mobile technology promises to allow each consumer to use the same telephone number wherever they go. Also known as Personal Communications Network (PCN).

14.

"PUC" means California Public Utilities Commission

15.

"Satellite dish" means any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia-shaped and is used to transmit and/or receive electromagnetic signals.

16.

"Telecommunication facility" means a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development.

17.

"Telecommunication tower" means a mast, pole, monopole, guyed tower, lattice tower, free-standing tower, or other structure designed and primarily used to support antennas.

18.

"Wireless communication facility" means an unstaffed facility for the transmission and reception of low-power radio signals. Wireless communication facilities include antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings, parking area, and other accessory development.

19.

"Wireless communication facility, commercial" means a wireless communications facility that is operated primarily for a business purpose or purposes.

20.

"Wireless communication facility, non-commercial" means a wireless communication facility that is operated solely for a non-business purpose.

G.

Registration Requirement:

1.

All telecommunications carriers and providers that offer or provide any telecommunication services for a fee directly to the public, within the unincorporated areas of the County of Monterey, shall register with the County pursuant to this Chapter on forms to be provided by the Director of Planning and which shall include the following:

a.

The identity and legal status of the registrant, including any affiliates.

b.

The name, address, and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement.

c.

A narrative and map description of registrant's existing or proposed facilities within the unincorporated areas of the County of Monterey.

d.

A description of the telecommunication services that the registrant intends to offer to provide, or is currently offering or providing, to persons, firms, businesses or institutions within the unincorporated areas of the County of Monterey.

e.

Information sufficient to determine that the applicant has applied for and received any certificate of authority required by the California Public Utilities Commission to provide telecommunications services or facilities within the unincorporated areas of the County of Monterey.

f.

Information sufficient to determined that the applicant has applied for and received any building permit, operating license or other approvals required by the Federal Telecommunications Commission (FCC) to provide services or facilities within the unincorporated areas of the County of Monterey.

g.

Such other information as the Director of Planning may reasonably require.

2.

The purpose of the registration under this Section is to:

a.

Provide the County with accurate and current information concerning the telecommunications carriers and providers who offer or provide telecommunications services within the unincorporated areas of the County of Monterey, or that own or operate facilities within the unincorporated areas of the County of Monterey;

b.

Assist the County in the enforcement of this Chapter;

c.

Assist the County in monitoring compliance with local, State and Federal laws.

3.

Amendment. Each registrant shall inform the County, within sixty (60) days of any change of the information required pursuant to this Section.

H.

General Development Standards.

1.

Site Location.

a.

Site location and development of wireless communications facilities shall preserve the visual character and aesthetic values of the specific parcel and surrounding land uses. Facilities shall be integrated to the maximum extent feasible to the existing characteristics of the site.

b.

Co-location is encouraged when it will decrease visual impact and discouraged in cases when it will increase visual impact.

c.

Wireless communications facilities, to every extent possible, should not be sited to create visual clutter or negatively affect specific views.

d.

In designated visually sensitive areas, scenic corridors or areas of high visibility, telecommunication facilities shall be sited below the ridge line or designed to minimize their visual impact.

e.

Wireless communications facilities shall be screened from any public viewing areas to the maximum extent feasible.

f.

Disturbance of existing topography and on-site vegetation shall be minimized, unless such disturbance would substantially reduce the visual impacts of the facility.

g.

Any exterior lighting, except as required for FAA regulations for airport safety, shall be manually operated and used only during night maintenance checks or in emergencies. The lighting shall be constructed or located so that only the intended area is illuminated and off-site glare is fully controlled.

h.

No telecommunication facility shall be installed at a location where special painting or lighting will be required by the FAA regulations unless the applicant has demonstrated to the Director of Planning, location for the provision of services as required by the FCC.

i.

No telecommunication facility shall be installed within the safety zone of any airport within Monterey County or any helipad unless the airport owner/operator indicates that it will not adversely affect the operation of the airport or helipad.

j.

No telecommunication facility shall be located in an environmentally sensitive habitat.

2.

Design Review Criteria.

a.

Towers and monopoles shall be constructed of metal or other non-flammable material, unless specifically conditioned by the County to be otherwise.

b.

Support facilities (i.e. vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed of non-flammable, non-reflective materials and shall be placed in underground vaults, unless otherwise approved by the County.

c.

All ancillary buildings, poles, towers, antenna supports, antennas, and other components of telecommunication facilities shall be of a color approved by the Appropriate Authority. If the facility is conditioned to require paint, it shall initially be painted with a flat paint color approved by the Appropriate Authority, and thereafter repainted as necessary with a flat paint color. Components of the telecommunication facility which will be viewed against soils, trees, or grasslands shall be of a color matching these landscapes.

d.

Special design of the telecommunication facilities may be required to mitigate potentially significant adverse visual impacts.

3.

Requirements for Application Submittal. Applications for the use of wireless communication facilities shall be subject to the Planning Department "Requirements for Application Submittal for the Development of Wireless Communication Facilities".

I.

Appropriate Authority:

1.

The Planning Commission, the Zoning Administrator or the Director of Planning shall be the Appropriate Authority to hear and decide all applications for Wireless Communication Facilities based on the following:

Planning Commission. The Planning Commission shall be the Appropriate Authority for applications for the installation of new, wireless communications facilities proposed in visually sensitive areas, critical viewsheds, scenic corridors and Historic Resource Zoning Districts.

Zoning Administrator. The Zoning Administrator shall be the Appropriate Authority for applications for new wireless communications facilities proposed on existing buildings or structures and which exceed the height limit for the zoning district, co-located facilities, and facilities that have no significant adverse visual impact from any common public viewing area.

Director of Planning. The Director of Planning shall be the Appropriate Authority for additions/amendments to existing, approved wireless communications. The Director of Planning may refer a proposed project to the Zoning Administrator if the project is determined to be more than minor in nature.

2.

Upon submission of the application, if necessary, it shall be submitted to the Monterey County Airport Land Use Commission, and/or local land use advisory committee, as appropriate, for a report and recommendation prior to consideration by the Appropriate Authority.

3.

The Director of Planning, the Zoning Administrator or Planning Commission may impose such conditions deemed necessary to protect public health, safety, welfare, and the environment.

J.

Action by the Appropriate Authority. In order to grant any Administrative Permit or Use Permit, the findings of the Appropriate Authority shall be:

1.

That the development of the proposed wireless communications facility will not significantly affect any public viewshed, scenic corridor or any identified environmentally sensitive area or resource as defined in the Monterey County General Plan, Area Plan or Local Coastal Plan.

2.

That the site is adequate for the development of the proposed wireless communications facility and that the applicant has demonstrated that it is the most adequate for the provision of services as required by the FCC.

3.

That the proposed wireless communication facility complies with all of the applicable requirements of Section 21.64.310 of this Title.

4.

That the subject property upon which the wireless communications facility is to be built is in compliance with all rules and regulations pertaining to zoning uses, subdivisions and any other applicable provisions of this Title and that all zoning violation abatement costs, if any have been paid.

K.

Site Restoration Upon Termination/Abandonment of Facility.

1.

The site shall be restored to its natural state within six months of termination of use or abandonment of the site.

2.

Applicant shall enter into a site restoration agreement subject to the approval of the Director of Planning and County Counsel.

L.

Indemnification. Each permit issued pursuant to this Section shall have as a condition of the permit, a requirement that the applicant indemnify and hold harmless the County and its officers, agents, and employees from actions or claims of any description brought on account of any injury or damages sustained, by any person or property resulting from the issuance of the permit and the conduct of the activities authorized under said permit.

M.

Severability. If any section, subsection, sentence, clause or phrase of this Section is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Section. The Board of Supervisors hereby declares that it would have passed this Section and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid.

N.

Conflicts With Other Chapters. If this Section is found to be in conflict with any other Chapter, Section, Subsection, or Title, the provisions of this Section shall prevail.

(Ord. No. 5135, § 141, 7-7-2009)

Editor's note— Ord. No. 5318, § 3, adopted September 17, 2019, repealed § 21.64.320, which pertained to regulations relating to applications involving use of private roads, and derived from Ord. No. 5243, § 3, adopted August 26, 2014.

A.

Purpose. The purpose of this section is to provide development standards for homeless shelters in the unincorporated non-coastal areas of Monterey County.

B.

Applicability. The provisions of this section are applicable in Community Plan Areas or Rural Centers with zoning designations of Mixed Use, High Density Residential or Community Plan.

C.

Regulations. A homeless shelter is an allowed use in any Community Plan Area or Rural Center with zoning designations of Mixed Use, High Density Residential or Community Plan (with a land use designation of Mixed Use or High Density Residential), subject to the following standards in each case:

1.

Location. Homeless shelters shall be allowed only where adequate water supply and sewage disposal facilities exist as determined by the Director of Environmental Health, and homeless shelters shall be located no further than two thousand five hundred (2,500) feet from a public transit stop.

2.

Size Limits. The maximum number of clients permitted to be served (eating, showering or sleeping) nightly shall not exceed the total number of beds provided within the facility or one person per one hundred twenty-five (125) square feet of floor area, which ever is less.

3.

Management. At a minimum, one on-site manager and one supporting staff member shall be provided in each sleeping area that is in use. Managers and supporting staff shall not be counted for the purpose of calculating the size limits pursuant to this section.

4.

Operations Plan. The operator of the homeless shelter shall submit an Operations Plan to the Director of Planning for review and approval prior to the issuance of any construction permits. The Operations Plan shall contain, at a minimum, the following elements:

a.

Security Plan. The Security Plan shall include provisions for on-site security including lighting, security cameras, and other measures appropriate to provide for adequate health and safety of clients and management and to aid in avoiding the potential for nuisances near the site. The operator shall also demonstrate that emergency service providers including the Sheriff's Office, the local Fire Department and the appropriate ambulance operators have been adequately notified and will provide services to the shelter.

b.

Neighborhood Relations Plan. The Plan shall include provisions for addressing potential neighborhood concerns, including regular meetings with abutting neighbors and contact information in case of emergency.

5.

Proximity to Other Homeless Shelters. No homeless shelter shall be within a 300-foot radius from another homeless shelter.

6.

Length of Stay. Individual occupancy is limited to six or fewer consecutive months and shall not exceed three hundred (300) days within a 12-month period.

7.

Segregated Sleeping Areas. Segregated lavatory and bathing areas shall be provided if the homeless shelter accommodates both men and women in the same building. Segregated sleeping, lavatory and bathing areas for families may also be provided.

8.

Onsite Waiting and Intake Areas. A minimum of five percent of the total square footage of a homeless shelter shall be designated for indoor on-site waiting and client intake areas. In addition, an exterior waiting area shall be provided, the minimum size of which is equal to or larger than the minimum interior waiting and intake area.

9.

Off-street parking shall be provided, in accordance with Section 21.58.040.

(Ord. No. 5177, § 54, 5-24-2011)