Title
Public hearing to consider:
a. Finding that the ordinance is not a project under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15060 (c)(3) and 15378 (b)(5);
b. Adopting a resolution of intent to adopt an ordinance amending Title 19 (coastal subdivision ordinance) and Title 20 (Monterey County Coastal Implementation Plan, Part 1) of the Monterey County Code to establish notification and hearing procedures to address inactive discretionary land use permit applications in the coastal unincorporated area of Monterey County; and
c. Directing staff to submit the proposed ordinance to the California Coastal Commission for certification. (Inactive Discretionary Application Ordinance - REF120032, Unincorporated Coastal)
Report
PROJECT INFORMATION:
Planning File Number: REF120032
Project Name: Inactive Discretionary Application Ordinance (coastal)
Plan Area: coastal zone
CEQA Action: Exempt
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution (Attachment B) to:
a. Find that the ordinance is not a project under the California Environmental Quality Act (CEQA) per CEQA Guidelines Sections 15060 (c)(3) and 15378 (b)(5) because the ordinance is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment;
b. Adopt a resolution of intent to adopt an ordinance (Attachment B, Exhibit 1) amending Title 19 (coastal subdivision ordinance) and Title 20 (Monterey County Coastal Implementation Plan, Part 1) of the Monterey County Code to establish notification and hearing procedures to address inactive discretionary land use permit applications in the coastal unincorporated area of Monterey County;
c. Certify that the amendment is intended to be carried out in a manner fully in conformity with the Coastal Act; and
d. Direct staff to submit the proposed ordinance to the California Coastal Commission for certification together with materials sufficient for a thorough and complete review.
SUMMARY:
On May 14, 2014, the Monterey Planning Commission recommended that the Board of Supervisors (see Attachment C) adopt the proposed Inactive Application Ordinance for the Coastal zone. The ordinance (Attachment B, Exhibit 1) is intended to establish consistent and fair procedures to enable the County to make a final disposition of inactive discretionary applications for land use entitlements while providing notification and opportunity to applicants to take the necessary steps to keep their applications active if they so choose. A flow chart of the process is shown in Attachment D. The proposed ordinance would amend the County's coastal subdivision ordinance and coastal zoning. Similar amendments to County's non-coastal subdivision ordinance and zoning were adopted by the Board of Supervisors on April 1, 2014. Adoption of this coastal ordinance would make both the inland and coastal regulations consistent. Because this ordinance amends the County's certified Local Coastal Program, the ordinance comes first to the Board of Supervisors for resolution of intent, and if the Board acts on the resolution of intent, the ordinance would then be submitted to the California Coastal Commission for certification. Finally, it would return to the Board of Supervisors for final adoption.
DISCUSSION:
Detailed discussion is provided in Attachment A.
OTHER AGENCY INVOLVEMENT:
The following agencies have reviewed the project, have comments, and/or have recommended conditions:
RMA-Public Works Department
RMA-Environmental Services
Environmental Health Bureau
Water Resources Agency
Fire Protection Districts
County Counsel has approved the ordinance as to form.
The Monterey County Planning Commission recommended approval of the ordinance by a vote of 9-0, 1 absent (Attachment C).
FINANCING:
Funding for staff time associated with this project is included in the FY14-15 Adopted Budget for RMA-Planning.
Prepared by: Nadia Amador, Associate Planner ext. 5114
Approved by: Mike Novo, Director, RMA-Planning, ext. 5192
Benny J. Young, Director Resource Management Agency
This report was reviewed by Jacqueline R. Onciano.
cc: Front Counter Copy; All LUACs; Fire Protection District Representative; RMA-Public
Works Department; Parks Department; Environmental Health Bureau; Water Resources Agency; California Coastal Commission; Jacqueline R. Onciano, Planning Services Manager; Nadia Amador, Project Planner; John S. Bridges, Fenton & Keller; Joel Panzer, Maureen Wruck & Associates; Christine Williams; The Open Monterey Project (Molly Erickson); LandWatch (Amy White); John H. Farrow; Margaret Robbins; Lombardo & Associates, Dale Ellis; Bob Perkins; Janet Brennan; Project File REF120032.
The following attachments on file with the Clerk of the Board:
Attachment A Discussion
Attachment B Draft Board of Supervisors Resolution of Intent, including:
ยท Exhibit 1- Draft Ordinance
Attachment C Planning Commission Resolution No. 14-023, May 14, 2014
Attachment D Inactive Application Flowchart
Attachment E Resolution of Intention No. 12-050, Board of Supervisors, February 28, 2012