A Certificate of Compliance is a legal document that 1) corrects an illegal subdivision of land and/or 2) that certifies that a parcel(s) is a legal parcel of land. In 1975, the California legislator approved legislation to allow correction of illegal subdivision that occurred prior to April 1975. Illegal subdivisions that occurred after April 1975 must fully comply with current subdivision regulations. (Refer to Subdivision instructions).

Normally, a Certificate of Compliance is issued to verify that a property description or plot plan or parcel map legally refer to a legal parcel of land.

• A Certificate of Compliance to verify that a lot is legal can be obtained by providing:
• A copy of title insurance report providing the legal description of the property
• A plot plan drawn to scale showing the size of the lot and exact location of all existing and proposed buildings
• Documentation to prove that the property was legally divided, such as a tax bill, a grant deed or title search issued by a tile insurance company.

Sometimes a new owner or seller may be unable to complete the transfer of a parcel of land to a second party due to an illegal lot split. A common example of this involves the construction of a second residence on a large parcel of land. The subsequent illegal and improper sale of the second residence to a second party without issuance of building permits and recordation in Assessors Parcel Records would require correction of the illegal subdivision.

A Coastal Development Permit is a document required by state law to permit construction of certain uses in a designated "Coastal Zone". Coastal Development permits are required to ensure that areas designated as protected coastal land are protected and to ensure that the safety, health and welfare of surrounding neighborhoods and communities are upheld.

Any project in the Coastal Zone, which requires discretionary approval will require a Coastal Permit. Discretionary approvals are those actions which require public review and approval by the Zoning Administrator, Planning Commission or Board of Supervisors and include: variances, use permits, and subdivision applications.

All projects located in a Coastal Zone which require issuance of a building permit require review by the Coastal Planning staff to determine if a Coastal Permit is required. Most development immediately adjacent to coastal waters, canals, inlets, beaches or peninsulas require a Coastal Permit.

Coastal Exemption
If a Coastal Permit is not required a Coastal Exemption is issued. The Coastal Exemption is proof that review and a decision have been rendered by authorized staff. The majority of projects in the Coastal Zone can be approved through issuance of Coastal Exemption. A Coastal Exemption is required much in the same manner as building permit.

Coastal Permit Issuance
If a determination is made to require a full review and issuance of a Coastal Permit, an application may be filed with the Department of Planning and Building Services. An appropriate number of copies of a site plan, floor plans, and elevations must accompany an application. The Department can provide you with brochures or instructions regarding what constitutes a site plan, floor plan and elevations.

After an application has been completed, plans and fees are submitted and the Zoning Administrator or Planning Commission will review the application. A notice of the request will be mailed to owners located within 300 feet of the application site.

A public hearing will be conducted to determine if the application request is compatible with approved Coastal Zone standards and to ensure that the public health, safety and welfare are protected. The application should be prepared to respond to questions raised by the Zoning Administrator or Planning Commission and members of the public may speak in favor of or against the Coastal Permit Application.

If an application is denied, the applicant may appeal the matter to the Board of Supervisors.

If an application is approved, it does not become valid or finally approved until ten days have elapsed. An appeal of an approved application may be filed during this ten-day period.

State Coastal Commission regulations require replacement of low or moderate housing that is removed from a Coastal Zone site through either demolition or conversion. To ensure that affordable housing is not depleted in the Coastal areas, a Coastal Permit will not be issued without compliance review by the County to determine that low or moderate housing has not been removed.

Fees
The fees associated with processing a Coastal Permit are shown on the Land Use Permit Fee Schedule. 

Note: The costs associated with a Coastal Permit that requires greater review and discretionary approval are higher.

History
In 1972, California voters approved the Coastal Conservation Act. This law recognized the public interest in the development and use of coastal areas. When the original plan expired in 1976, new legislation was adopted to require cities and counties to develop local plans for the conservation of coastal resources.

The Local Coastal Plan for the County of Monterey was written in conjunction with a citizen's advisory committee and adopted by the Board of Supervisors as part of the Zoning Ordinance (Chapter 20). Because the County of Monterey's Coastal Plan has been certified by the State of California Coastal Commission, the County is authorized to issue Coastal Permits.

Further information may be obtained by calling (831) 755-5025 between 8:30 AM and 4:30 P.M.

Design Approval is the review and approval of the exterior appearance, location, size, materials and colors of proposed structures, additions, modification and fences located in Design Control area. Design Control areas are those areas of the County which included "D" (design control) "S" (Site Plan Review) or "VS" (Visual Sensitivity) in their zoning as well as all parcels in the Big Sur, Carmel, and Del Monte Forest Coastal Land Use Plans. The purpose of Design Approval is to protect the public viewshed, neighborhood characters, and the visual integrity of development with Design Control Districts.

Design Approvals for simple, non-controversial projects may be approved by Planning staff, while more complex projects will be referred to neighborhood Land Use Advisory Committees and the Zoning Administrator.

Types of projects which require Design Approval if located with a Design Control district include (but are not limited to):

• Construction of any new structure or building
• Addition to any existing building
• Decks
• Construction of any fence
• Change of exterior color
• Any other exterior change, such as change of window, type, size or location

Note: Projects which do not require a building permit may require Design Approval.

Ordinance References for Design Approval:
Coastal Zone: Title 20 Section 20.44
Inland Area: Title 21 Section 21.44

Emergency Permits provide a means whereby development normally requiring discretionary approvals may be considered without the normally required public hearing processes to meet an emergency situation.

In order to grant an Emergency Permit the following findings must be made:

1. That an emergency situation exists and immediate action is required to protect life and property from imminent danger or to restore, repair or maintain public works, utilities or services destroyed, damaged or interrupted by the emergency.
   
   
2. That the establishment, maintenance or operation of the use or structures approved by the Emergency Permit will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such approved use; or, be detrimental or injurious to property and improvement in the neighborhood; or to the general welfare of the County.
   
   
3. That the work authorized by the Emergency Permit is the minimum amount of work required to mitigate the emergency situation.
   
   
4. That the work authorized by the Emergency Permit is consistent with the provisions of the Monterey County General Plan and the applicable area plan or the provisions of the Monterey County Local Coastal Program.

What is a Use Permit and why is it needed?
A use permit is granted to allow a special activity, use or business subject to special conditions designed to protect the public health, welfare and safety of surrounding neighborhoods and the community.

The County of Monterey Zoning Code has established special uses that are permitted in zoning districts.   Conditional use permit applications must be reviewed individually to determine that the proposed use will not cause harm or impacts to residents, the neighborhood, and community or impact the character and orderly growth of a particular area. 

Which types of activities require a Use Permit?
It depends the zoning district in which the proposed project is located. However, some uses require a Use Permit no matter where they are located.  These include Development on Slopes over 30%, Ridgeline Development, Hotels, and Service Stations. 

To determine if your specific project will require a Use Permit please call (831) 755-5025.

How is a Use Permit Granted?
All Use Permit applications are decided at a public hearing by either the Zoning Administrator or the Planning Commission. In order to grant the Use Permit, these decision makers must adopt findings that the proposed use will not adversely affect the health, safety, and welfare of the community. Please view the brochure on the Planning Permit Process for information on the steps involved in obtaining a Use Permit and view the Fee List for the required application fees.

Ordinance References for Use Permits
Chapter 21.74-Title 21 (Inland Area)
The requirements for Use Permits in the various zoning districts are listed in Title 21 (Inland Areas) 

Note:  Use Permit requirements apply only to the inland areas of the County.  In the Coastal Zone, a Coastal Development Permit, is the equivalent of a Use Permit.

A variance is a permit that allows a property owner to construct a structure that does not meet development standards specified in the Zoning Ordinance. Such standards include the distance from property lines and/or road right-of-ways, lot coverage/floor area ratio, or height. A variance may not be granted to change the designated use of a property, only for exceptions to the development standards. The variance process requires a public hearing. 

1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zoning classification;
   
   
2. That the Variance does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located;
   
   
3. The Variance shall not be granted for a use or activity which in not otherwise expressly authorized by the zone regulation governing the parcel of property.

Why is a variance needed?
In the vast majority of cases, meeting zoning ordinance standards does not present a hardship for property owners and a variance is not needed. Occasionally, certain physical features of a lot will make complying with the zoning standards difficult or impossible. The variance process is intended to alleviate hardship in cases such as this. Some examples of lot features that may be grounds for a variance include: extremely small lot size, unbuildable slopes, excessive street frontage, unique lot configuration, the presence of sensitive vegetation or hazardous geologic features.

How is a variance granted?
All variance applications are decided at a public hearing by either the Zoning Administrator or the Planning Commission. In order to grant the variance, these decision makers must be able to adopt the three findings detailed in the sidebar at right. Applicants must provide written evidence demonstrating that these three findings can be made. If there is no substantial evidence to support these findings, the variance application will be denied.

How long does it take to receive a variance?
Once a complete application is submitted, the variance process typically takes eight to ten weeks.

How do I apply for a variance?
Please refer Informational Brochures under Codes & Publication or call (831) 755-5025. You will then be assigned to a project planner who will work with you through the entire process. Your planner will meet with you to answer any questions you may have and provide you with application forms, instructions and fee requirements.

Which laws govern the granting of variances?
Ordinances governing variances can be found in Chapter 21.72 of the Monterey County Zoning Ordinance (Title 21) and Chapter 20.78 of the Monterey County Coastal Implementation Plan, Part One (Title 20). Section 65905-65906.5 of the California Government Code also applies to variances.

The Mills Act is the single most important economic incentive program in California for the restoration and preservation of qualified historic buildings by private property owners. The Mills Act Program is administered and implemented by local governments. Mills Act contracts are between the property owner and the local government granting the tax abatement. The Office of Historic Preservation is not a signatory to Mills Act contracts.
 
Each local government establishes their own criteria and determines how many contracts they will allow in their jurisdiction. Click here for more information. 

Farmland Security Zone (FSZ) and FSZ Contract Application (revised 3.5.2020)