The Planning Process

This information was released by Monterey County Planning and Building in 2004 as a PERMIT GUIDE. It is provided only for illustrative purposes, to help understand the process.

The information herein may be out of date or no longer relevant. 

Please consult with a Design Professional or County Representative for up-to-date guidelines. 

GLOSSARY OF TERMS

Administrative Permit – A permit that is administrative in nature and that complies with Title 21-Section 21.70 of the Monterey County Zoning Code. The Director of Planning and Building Inspection or the Zoning Administrator is authorized to consider Administrative Permits pursuant to Title 21-Section 21.70.

Application – a form to be filled out by an applicant or representative for land development.

Certificates of Compliance – States that the division of real property complies with applicable provision of the Subdivision Map Act and of local ordinance enacted pursuant to the creation of subject property.

Coastal Development Permit – A Discretionary Permit authorized pursuant to the California Coastal Act of 1976 and the Monterey County Local Coastal Program.

Coastal Plan Amendment – An amendment to a Coastal Land Use Plan authorized pursuant to the California Coastal Act of 1976 and the Monterey County Local Coastal Program.

Design Approval – The approval of the location, size, configuration materials, and colors of structures or fences in certain areas of the County. The Director of Planning and building Inspection or Zoning Administrator may approve, without hearing or notice, designs for smaller projects.

Discretionary Permit – Any permit which requires review and approval by a decision making body.

Emergency Permit – The immediate granting of a permit due to a situation arising from a fire, explosion, act of God or act of public enemy which if not corrected immediately, will potentially result in the loss of live, property, environmental resources.

General Plan – A comprehensive governing document that directs future growth, development and preservation of resources within a city or county.

General Plan Amendment – A process that would allow amending the General Plan.

Hearing Body/Authority – The convening of a government sanctioned commission, committee, body, group or advisor for the purpose of publicly considering planning matters, issues and requests that fall within the jurisdiction of Chapters 20 and 21 and that are subject to the provisions of the Brown Act.

Job card – A building or grading permit used in the field to document inspections and final clearance of permits and final occupancy.

Lot Line Adjustment – An adjustment of property lines between adjoining parcels, where land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed are not thereby created.

Ministerial Permit – The act or duty of considering a permit application that requires review and approval by a delegated authority.

Subdivision – The division of a parcel or parcels of land, time limits for processing fall under auspices of the Subdivision Map Act, resulting in four lots or less.

Standard Subdivision – The division of a parcel or parcels of land, time limits for processing fall under auspices of the Subdivision Map Act, resulting in five or more lots.

PermitA ministerial or discretionary act allowing the permitted or special activity, use or business to occur on a specific parcel or parcels

Reclassification (Rezoning) – The process and action of reclassifying a parcel, parcels or geographic area from one classification to another classification.

Tree Removal Permit –The ministerial or discretionary granting of permission to remove a tree in accordance with the applicable Area Plan, Land Use Plan and Zoning Ordinance (Title 20/Title 21).

Use Permit – A discretionary process that allows a special activity, use or business to occur on a specific lot or lots.

VarianceA discretionary permit issued to allow modifications to setback, lot or building coverage, height, building site, floor area ratio or the Zoning Code development standards, where it can be reasonably shown that by imposing Zoning Code development standards, a hardship or undue burden would occur.

WHEN IS A PLANNING PERMIT REQUIRED?

There are two basic categories of permits issued by the Monterey County Planning and Building Inspection Department: discretionary and ministerial. Discretionary permits (planning permits) are issued based on the requirements of the County Codes, General Plan, Land Use Plans, Area Plans and Zoning Ordinances. Ministerial permits (grading and building permits) are issued based on the requirements of adopted building codes and standard engineering principles.

All properties are assigned Assessor’s Parcel Numbers for land identification. Based on proposed uses and the property’s zoning designation, a planning permit may be required. The following are typical land development applications:

        • Administrative Permit
        • Certificates of Compliance
        • Coastal Administrative Permit
        • Coastal Development Permit
        • Coastal Plan Amendment
        • Combined Development Permit
        • Design Approval
        • Emergency Permit
        • General Plan Amendment
        • Lot Line Adjustment
        • Reclassification (Rezone)
        • Septic Installation
        • Standard Subdivision (5 or more lots)
        • Subdivision (4 or less lots)
        • Test Wells
        • Tree Removal Permit
        • Use Permit
        • Variance
        • Waivers for Tree Removal

The first step in obtaining a planning permit is the submittal of an Application Request Form. This form asks for applicant contact information and must be accompanied by a conceptual plan which includes a Site Plan/Plot Plan showing:

        • Assessor’s Parcel Number, parcel size, dimension & access
        • Existing and/or proposed buildings (labeled)
        • Existing and/or proposed setbacks
        • Elevations of proposed buildings indicating building height
        • Contours indicating slope of the project site in 5 foot interval
        • Existing and/or proposed use of buildings
        • Existing and/or proposed wells & septic systems
        • Existing trees (size & types) and vegetation with indications whether they will remain or are slated for removal
        • Proposed grading estimate showing cut & fill amounts (if applicable)
        • Floor Plans of Existing/Proposed buildings
        • Photographs of the site & existing structures
        • A fee must accompany the Application Request Form. This fee will be credited towards the application fee for the particular planning permit required if application materials are submitted within 6 months of the application request.

PLANNING PERMIT PROCESS

If a planning permit (discretionary) is required for your project, the steps would be as follows:

Step 1: Complete the online questionnaire

The answers you provide on the questionnaire will allow planning staff to determine the permit requirements for your project.

To start the process, it is suggested that the online questionnaire be completed or you can speak with a land use technician. This can be done either by telephone or in person at the Permit Center in the Planning and Building Inspection Department, Marina Office. The land use technician can provide you with site development information such as setback and height requirements and other information that may be pertinent to the project being considered. When speaking with the land use technician it will be helpful to have your Assessor’s Parcel Number (APN).

Step 2: Receive an application.

Based on information received by the land use technician, it will be explained what permits, if any, will be required.

For complex permits, you will need to meet with a planner to receive an application. The planner will provide you with detailed application instructions, give you a fee estimate and a tentative timeline, as well as answer questions you may have regarding the process. To schedule this meeting you will need to submit an “Application Request Form” and a Site Plan of the proposed development. A fee is charged for the initial meeting, however this fee will be credited to your application fee if you apply within six months. If needed, a site visit with your project planner may be scheduled at this time.

Step 3: Submit application.

All planning applications, except for over-the- counter and Design Approval submittals, require an appointment for submittal. When you have prepared the application materials call your project planner to schedule an appointment to submit the application package. Before accepting the application materials, the planner will review the application package to make sure that all the required items are included. Application fees are also due at this time.

Step 4: 30 day review period

The Planning & Building Inspection Department as well as other land use agencies and your local Land Use Advisory Committee (LUAC) will review the application. The California Permit Streamlining Act allows up to 30 days for this initial review. At the end of the initial review the project planner will deem your application either “Complete” or “Incomplete”. If it is deemed “Incomplete”, your planner will send you a list of items required to complete your application. If the application is deemed complete the project will proceed through the process.

Step 5: Environmental Review

Once deemed “Complete”, your application will be reviewed in compliance with the California Environmental Quality Act (CEQA). Based on that review, your project will fall into one of 3 categories:

Categorically Exempt: The proposed development activity is exempt from CEQA;

Negative Declaration: Based on an environmental assessment it is determined that the proposed project will have no significant impacts or has potentially significant impacts that can be mitigated to a less-than-significant level by modifying the project and/or attaching conditions of approval to the project.

Environmental Impact Report: Based on an environmental assessment it is determined that the proposed project will have potentially significant environmental impacts that must be fully examined by the preparation of an Environmental Impact Report (EIR).

Step 5: Prepare for the hearing

The hearing for a project determined to be Exempt under CEQA is normally held approximately one month after the project application is deemed complete (3 weeks for an Administrative hearing). During this time public hearing notices with need to be posted in the general vicinity of the project location. Additionally, a staff report will be prepared. Please, review the staff report and recommended conditions of approval carefully. Speak with the project planner, if you are unsure of what will be required to satisfy each condition of approval. Projects that are not Exempt from CEQA require additional environmental review which can substantially lengthen the time required for a project to be set for a hearing.

Step 6: The Hearing

At the public hearing you will have the opportunity to make a presentation on your project. Members of the public will have a chance to comment as well. Shortly after the hearing, a resolution, including the decision, legal findings, and conditions of approval will be mailed to you. All decisions may be appealed. The appeal must be filed within ten days of the date the resolution is mailed.

Step 7: Condition compliance

It is your responsibility to satisfy all conditions of approval placed on the project. You will need to work with your planner and staff from other county agencies in order to ensure compliance with the permit conditions. You will need to apply for and obtain any required building or grading permits separately prior to beginning construction.

Expiration:

Most planning permits expire two years after they are granted, unless all conditions are satisfied AND construction or use is begun. Some permits may be subject to a different expiration date.

Expiration dates for subdivision permits are governed by Title 19 of the Monterey County Code and by the Subdivision Map Act.

If you need to apply for an extension, you should speak to the planner 60 days prior to the expiration date to find out about current regulations, filing deadlines and fees. The assigned project planner will be able to clarify specific questions regarding the Planning process.

Because the decision is discretionary, you or others have the right to appeal the decision to a higher authority. Your planner will explain the steps involved in filing an appeal and your rights if someone else files an appeal.

DESIGN APPROVAL

Based on your zoning, you may be required to obtain a design approval (DA) for your project. Review is based on conformance to approved building styles, heights, colors and appropriateness for the location. This process may take place simultaneously with a planning application or a building permit application.

The process may involve review by a Land Use Advisory Committee (LUAC). This committee is comprised of individuals appointed by the Planning Commission for the different land use areas of the County (See description on pages 10 &11). Based on the scope of your project, your DA may be processed with review by staff of the Planning & Building Inspection Department only. An approved design approval is valid indefinitely. Changes in project scope or design will require a new DA application.

A planner is required to review the issuance of all ministerial permits. They will review any conditions of the discretionary permit before approving issuance of the building or grading permit applications. Your assigned planner will be able to guide you through the condition compliance process as your project moves forward.

Once the discretionary permit process is underway, it is possible to submit your building or grading permit application. It is recommended that you delay application for building and/or grading permits until the planning permit process is fairly assured of approval or until after the final hearing. While it is possible to apply for these two permits simultaneously, it is not recommended. The discretionary permit process is a time when any substantive issues are identified and resolved. If difficulties are encountered during this process which require the amendment of your application materials (plans, supplementary documents, etc.) making revisions in your construction drawings can be quite costly. Or, if for some reason, the project cannot move forward, you will have unnecessarily invested money in construction sets that will not be processed.

BUILDING/GRADING PERMIT APPLICATION

Once you have successfully completed your planning permit and/or design approval processes, you are ready to apply for your building or grading permit.

WHEN IS A BUILDING PERMIT REQUIRED? 

A building permit is required per the California Building Code. A building permit must be obtained, prior to the construction, placement, enlargement, alteration, movement, repair, improvement, conversion or demolition of any building or structure. The following projects are exempt from building permit requirements:

    1. One story detached accessory buildings used as tool or storage sheds, playhouses and similar uses with a floor area which does not exceed 120 square
    2. Fences under 6 feet in height
    3. Oil Derricks
    4. Movable cases, counters and partitions not over 5 -9 in. in height
    5. Retaining walls which are not over 4 feet in height when measured from the BOTTOM of the footing to the top of the
    6. NOTE: Walls supporting a surcharge are NOT
    7. Water tanks supported directly upon grade if the capacity does not exceed 5000 gallons and the ratio of height to width does not exceed 2 to
    8. Platforms, decks, walks and driveways, not more than 30 inches above grade and not over any basement or story
    9. Painting, papering and similar finish
    10. Temporary motion picture, television and theater stage sets and
    11. Window awnings supported by an exterior wall of a single family house or residential garage when not projecting more than 54 inches.
    12. Prefabricated swimming pools, accessory to a single family residence in which the pool walls are ENTIRELY above the adjacent grade and if the capacity does not exceed 5,000 gallons (approx. 12 wide x 3 ft. deep).

While the above permits are exempt from building permit, if you are planning to install plumbing, electrical fixtures or mechanical devices, permits will be required for those installations. In most cases, these permits will be issued over the counter.

Please Note: Exemption from a building permit does not excuse the applicant from permits which are required based upon other laws or ordinances of this jurisdiction including a planning permit.

WHEN IS A GRADING PERMIT REQUIRED? 

A grading permit is required per the Monterey County Grading Ordinance (Chapter 16.08) if your project requires the movement of more than 100 cubic yards of earth (cut, fill, importation or exportation) and installation of a driveway over 50 feet in length.

Please obtain the handout regarding plan preparation and submittal requirements. Slopes of greater than 30% (25% in North County) require planning approval prior to grading permit consideration.

A separate building permit application is required and the submittal requires six (6) sets of building plans which include a site plan in each set, four (4) additional site plans and the required supplementary documents. A grading permit requires six (6) sets of grading plans which shall include a site plan in each set (Please refer to the specific handouts available).

Once your building permit application is submitted, it will be forwarded to one or more of the reviewing agencies (see pages 8-11). These agencies will verify compliance, if applicable, with the approved planning permit, design approval and the various codes and ordinances.

 

HOW DO I APPLY FOR A PERMIT?

Start by gathering information. Be prepared to answer specific questions during the submittal process. Contact the Planning and Building Inspection Department for applications related to planning, building, and/or grading permits. All applications require the following general information:

    1. Assessor’s parcel number
    2. Site (project) address*
    3. Owner name, telephone number, facsimile, e-mail and address
    4. Applicant name, telephone number, facsimile, e-mail and address
    5. Architect/Engineer name, license number, telephone number, facsimile, e-mail and address
    6. Contractor name, license number, class and expiration date, telephone number, facsimile, e-mail, address
    7. Description and scope of project

The specific application required will be determined by the scope of the project. You will be asked to complete the appropriate applications, submit all required documents/plans and pay fees.

*If your property does not have an address, contact the Public Works department for address assignment. Official proof of parcel address is required prior to permit issuance.

The fees, associated with each type of permit, are adopted by the Board of Supervisors. A fee estimate may be obtained by contacting Permit Center or Permit Coordination Team staff.

A portion of the fees will be due at the time of application submittal. Additional fees may be identified during the review process. All fees must be paid prior to the issuance of any permits

WHAT HAPPENS AFTER I APPLY?

Plans, application, and any supplemental documents are distributed to the appropriate agencies for specific technical review (plan review). Your plans and documents will be reviewed for compliance with all applicable laws and policies. If you are required to obtain a planning permit (discretionary), building and/or grading permit, your review will be two-phased. The review of your planning project will be accomplished first and after approval, the submittal of your grading and building permit application will be reviewed for conformance with the approved planning file and other regulations. If your submittal does not meet applicable requirements, you will be notified in writing.

If you received notification of corrections required, you must make the appropriate corrections and resubmit revised documents. It is recommended that applicants not resubmit revised plans until required corrections have been incorporated into the plans. Once corrections have been made, plans (in the requested quantities), must be submitted to the Permit Coordination Team for redistribution to each of the reviewing agencies.

WHAT IF I NEED TO MAKE CHANGES TO PLANS DURING THE REVIEW?

Revisions required in response to comments by reviewing agencies do not normally require the re-submittal of plans in the originally required quantities; however, if the required modifications are substantive, a complete re-submittal may be necessary.

Owner-driven revisions which substantially modify a project may require resubmittal of a full complement of plans as well.

If, in addition to responding to reviewer comments, you wish to modify your project, be prepared to begin the review process over. All previously submitted plans will be placed on hold and any previously granted approval will be revoked. New plans will be re- circulated for review.

If the owner-driven revisions are minor it is recommended that these revisions be submitted for review after your permit is issued to avoid having to begin the process over. Since some revisions do not require full review, this subsequent review may be accomplished more speedily after permit issuance than prior to permit issuance.

It is important to discuss proposed revision with Permit Center or Permit Coordination Staff to avoid delays in processing.

WHAT DO I DO AFTER MY APPLICATION IS APPROVED?

You will receive a written notice informing you that your permits are ready and given fees which will be due at the time of issuance. Work may not begin on a project until all permits are issued.

For planning permits (discretionary), you will receive a copy of the approved resolution by mail. For building and grading (ministerial) permits, you should leave the Permit Center with the following:

    1. Approved set of plans
    2. Job Card for inspection sign-off
    3. Receipt for fees paid
    4. Job copy of supplemental documents

If you are utilizing a licensed contractor to perform the work on your property we encourage you to have them obtain the permit and sign all legally binding paperwork. If you are accepting full responsibility as the Owner/Builder, you will be required to sign the legally binding paperwork.

You can authorize another person to be your AGENT. This requires a letter from you stating an individual is acting as your agent and has the right to sign all legally binding paperwork on your behalf and obtain permits for projects on your property. We maintain the original letter in our file as permanent record.

Other things you may need to do:

    1. You may be asked to post a grading The amount of the bond is determined by the grading inspector and is based on the scope of your project. If your project is residential, you may be able to file an “In-Lieu” letter in place of a bond. Grading bonds can be posted by cash or a Certificate of Deposit (CD). If you are unable to final the grading permit a bond must be posted.
    2. You may be asked to post a landscape The amount of the bond is based on estimates of the landscaping work. Landscape bonds can be posted by cash or Certificate of Deposit (CD).
    3. If due to extraordinary circumstances, you are unable to complete the final inspection, a bond may be required to secure occupancy prior to final inspection of the permit.
    4. You will be asked to pay any outstanding permit fees
    5. You, or your contract, will sign the official permit paperwork

WHAT IF I WANT TO MAKE CHANGES AFTER THE PERMITS ARE ISSUED? 

Fees for plan changes associated with a building or grading permit are charged according to the level of review required. Additional planning review for compliance with the zoning ordinance may be assessed. Other agencies may assess and bill review fees separately. Fees for plan changes associated with a planning permit vary depending on the type of permit. 

Grading permits:

If your project utilized the services of a licensed architect or engineer, they must first be consulted and approve the plan change in writing before submitting to the department. Submit 6 sets of revised individual plan sheets, 4 site plans, and new calculations, if applicable, with an application form to the permit center. The reviewed plans will be routed to all appropriate agencies for clearance. You will be contacted after all agencies have approved the change. Additional fees may be assessed for this service. Inspections may be suspended pending review and approval of plan revisions.

Building permits:

If your project utilized the services of a licensed architect or engineer, they must first be consulted and approve the plan change in writing before submitting to the department.

Submit a minimum of 6 sets, 4 site plans of revised individual plan sheets or calculations with an application form to the permit center. The revised plans will be routed to all appropriate agencies for approval. You will be contacted after all agencies have approved. Additional fees may be assessed for this service.

Planning permits:

Contact your planner to review the proposed changes. You may be required to re- submit amended plans and repeat the hearing process. Additional fees may be assessed.

WHAT TYPES OF INSPECTIONS ARE REQUIRED?

At progressive stages of construction, site inspections of the building and grading are required. Separate inspections for off-site improvements and drainage are required by the Public Works Department. Other land use departments may be required to provide inspections during construction (Fire, Planning, Environmental Health, etc.) Please contact the department or field inspector for specific inspection information relating to your project.

The following are typical inspections associated with a building permit. Please refer to the sections on special inspections and structural observation.

        • Foundation- when foundation trenches are excavated, electrical ground, reinforcement steel, anchor bolts and forms are in place, braced and ready for
        • Concrete Block – when mortar joints of concrete block are set, reinforcement steel, anchor bolts and other embedded items are positioned and ready for
        • Slab/Under floor-when all in-slab or under floor plumbing, conduit, ductwork and ancillary equipment are in place with framing to and including floor joists completed. BEFORE CONCRETE IS POURED OR FLOOR IS DWV is filled with water for test.
        • Shear/Roof Sheathing- when exterior and interior shear ply materials are nailed in place and roof sheathing is nailed in place with all metal fasteners
        • Lath/Stucco – when ready to apply stucco to lath
        • Masonry Fireplace – when the masonry of a fireplace has been laid up to the throat
        • Stucco/Scratch-when the stucco is ready for final coat
        • Rough Frame, Electrical, Mechanical, Plumbing – All framing, plumbing, mechanical and electrical are completed, siding is installed or roof sheathing is The gas piping is under pressure. Drain waste and vent piping is filled with water or air for testing. FIRE DEPARTMENT MUST HAVE ALREADY SIGNED OFF ON FRAME.
        • Insulation – when insulation is installed but BEFORE COVERING (weather protection of building must be complete prior to insulating).
        • Sheetrock/Interior Lath- when lathing and/or gypsum board are nailed in place, but before plastering or joint tape and finish is

FINAL INSPECTIONS

Other land use agencies may require a final inspection prior to the building permit final or occupancy inspection performed by Planning & Building Department Staff.

    1. Public Works-encroachments, sewer connections
    2. Environmental Health-septic system
    3. Grading Staff-grading permits
    4. Planning Staff-landscaping, lighting or any other requirements dictated by conditions of any associated discretionary permits.
    5. Due to extraordinary circumstances the building permit cannot be finalized; temporary occupancy may be granted
    6. Fire Departments

All other department requirements must be met prior to scheduling the final inspection by Building Inspection Staff.

GRADING INSPECTIONS

Pre-site – when the corners of the proposed structure or grading are staked, the property lines are marked; fill is compacted and verified with a compaction report.

Rough Grading – when grading begins

Progress – when the grading has begun to verify grades to approved plans.

Final – when all erosion control measures are installed, roads/bridges are completed, landscaping is installed (if applicable), and grading matches the approved plans.

PLANNING INSPECTIONS

Site – Staff will conduct a site visit to determine the impacts of the project to the site and verify the information presented in the application, prior to writing the staff report for the discretionary hearing or signing off on a building or grading permit.

Final –Staff will verify that all conditions of the permit have been met and the site and structure are completed as proposed. Staff will also verify landscaping and lighting at this time.

GETTING READY FOR YOUR INSPECTION

SCHEDULING

Inspection schedules are limited by quantities requested and the number of inspectors available. Normally, building inspections are performed the next business day if requested by 3:30 pm. on the business day immediately preceding. If our inspectors have already scheduled the maximum number of inspections for a particular day, your request will be processed on the next available date and time. Grading inspections are scheduled by route and are subject to staffing levels and project location.

To schedule the inspection, the clerk will need:

      1. the permit number
      2. job address
      3. type of inspection
      4. date of inspection

We do not schedule inspections more than 48 hours in advance.

You may be charged a re-inspection fee if the work to be inspected is not complete, the plans or job card is not available at the job site, corrections requested by the inspector have not been completed, there is no access to the inspection area or construction is different from what is shown on the plans.

WHEN WILL THE INSPECTOR ARRIVE?

We do not schedule inspection times. Inspection times are not set until the morning of the date of inspection. You may call the respective office and ask if your inspection is expected to occur in the morning or afternoon. Inspectors are generally available by telephone between 8:00 – 8:30 a.m. and 3:30 – 4:00 p.m., daily.

WHAT IS REQUIRED OF ME ON THE DAY OF THE INSPECTION?

You are required to have your JOB CARD and APPROVED PLANS (not the working drawings) in a dry, accessible place at the job-site. If either your plans and/or job card are not at the site when the inspector arrives, your inspection may be denied. The inspector will sign the inspection record (job card) for each construction item that is inspected and approved. If an item does not pass inspection, the inspector will leave you a correction notice. These corrections must be completed prior to calling for a re- inspection. A plan change may be required to be submitted and approved prior to the next inspection.

Future inspections may be denied if there are any outstanding issues such as fees owed, changes to plans which have not been approved, failure to provide required/requested information, special inspections, structural observations, etc.

FREQUENTLY ASKED QUESTIONS ABOUT INSPECTION

WHAT IS A “SPECIAL” INSPECTION?

Certain types of construction require a special inspection per the California Building Code (CBC) Chapter 17, Section 1701. The special inspection requirement is identified during building code plan check of either your original submittal or any subsequent revision. A special inspection is performed by a third party inspector hired by the owner to perform a technically specific inspection. The county inspector is NOT a special inspector.

If your project has been identified as requiring a special inspection, you will be provided with documents which must be completed and signed by the special inspection firm, your architect or designer, your structural engineer, your contractor and yourself. This form must be submitted prior to your building permit being approved for issuance. A list of approved agencies will be provided to you.

NOTE: Special Inspection does not preclude inspections by the county.

WHAT IS STRUCTURAL OBSERVATION?

Structural observation (CBC, Chapter 17, Section 1702) is when the design professional, the plan checker or the inspector determine the project has specific components that need to be observed in the field during construction by the design professional (architect or engineer).

The owner shall employ the engineer or architect responsible for the structural design, or another engineer or architect designated by the engineer or architect responsible for the structural design, to perform structural observation as defined in Section 220.

Observed deficiencies shall be reported in writing to the owner’s representative, special inspector, contractor and the building official. The structural observer shall submit to the building official a written statement that the site visits have been made and identifying any reported deficiencies that, to the best of the structural observer’s knowledge, have not been resolved.

The professional providing structural observation services are required to document his findings in report form. These reports should be delivered to and will be kept on file in the Planning & Building Inspection Department.

WHAT IF I NEED AN EXTENSION?

Your building permit is valid for 180 days from the date of issuance. If you do not begin construction within 180 days and obtain an inspection, your permit will expire. The building official may grant an additional 180-day period to begin construction. This extension must be requested in writing and must be received prior to the expiration of the permit.

Each time you pass an inspection, your permit is valid for 180 days from that inspection. If your permit has expired and the period has not exceeded one year, a new permit must be obtained prior to the commencement of work. If your permit has expired and the period has exceeded one year, you must re-apply and current fees will be assessed.

No permit may be extended more than once.

CAN I OCCUPY MY HOME PRIOR TO COMPLETION OF CONSTRUCTION?

Occupancy may be granted prior to final inspection under certain conditions and extraordinary circumstances. All outside agencies must grant occupancy. The Building Inspection Division will grant occupancy if:

      1. All outside agencies have granted approval
      2. Sleeping rooms are equipped with required emergency doors & windows
      3. Smoke detectors are installed and operational
      4. All rooms are equipped with lights which are hard-wired
      5. The residence has one functioning bathroom, including toilet, sink and bathing Floors must be waterproofed.
      6. The home is equipped with a heat source capable of heating the living areas to at least 70 degrees to at least 36 inches above the floor
      7. All walls are sealed
      8. The kitchen is functional including waterproofed floors in front of sink and waterproofed countertops.

Final inspection must be obtained within specific time constraints. Your inspector will give you direction on time limits.

 

APPLICATION REVIEW BY COUNTY DEPARTMENTS AND AGENCIES

PERMIT PRE-SITE INSPECTION

A pre-site inspection will be performed on your property prior to site approval of a permit. A grading inspector will inspect your site to verify slope, erosion control, location of structure, driveway/road access and proposed cut and fill. If a grading permit application is being submitted concurrently with a building permit application, this process is accomplished through the review of the grading permit.

PLANNING REVIEW OF THE APPLICATION

Planning Department staff reviews discretionary and ministerial land use applications for consistency with federal, state and county regulations. They will perform an environmental assessment and verify the project’s conformance with the applicable Zoning Ordinance, Land Use Plan, Area Plan and General Plan Policies. All permits must be in compliance with the regulating ordinance, approved planning permit and applied conditions, if applicable, prior to issuance of any grading or building permits.

BUILDING REVIEW OF THE APPLICATION

The Building Inspection Division is responsible for ensuring the health and safety of building occupants by requiring that all development meets certain structural and construction standards (as defined in the section “What Codes do we use?”). Your construction plans will be reviewed for conformance with adopted building codes and engineering standards.

Based on the scope of your project, construction may require special inspections. These inspections are not performed by the County’s building inspectors, but must be conducted by contract inspectors who are specialists. Special inspection requirements will be identified during the plan check process and you will be notified of this requirement.

A special inspection form must be completed and signed by the applicant, contractor and architect or engineer and be on file prior to the issuance of grading or building permits.

SCHOOL DISTRICT REVIEW OF THE APPLICATION

Local school districts are granted the ability under the Government Code to collect developer fees for construction which creates habitable space (heated/cooled) occurring within their boundaries. During the building permit process a form will be provided to you verifying the site location, square footage of the project, construction valuation of the project, the Assessors’ Parcel Number and owner information. Proof of payment of applicable school fees or notice that school fees are not required must be presented to the Planning and Building Inspection Department prior to the issuance of building permits.

PUBLIC WORKS REVIEW OF THE APPLICATION

The Department of Public Works reviews discretionary and ministerial land use applications to determine potential impacts and develop mitigation measures for County roadway systems, County sanitation districts and County service areas. Additionally, the Department reviews the design of private subdivision roads, road drainage systems and administers subdivision agreements.

The Encroachment and Environmental Service Sections of the Department review Building Permits to determine if a project involves work in the County road right-of-way including driveway connections, curbs, gutters, and sidewalks or if a County Sanitation District is impacted.

The Department also serves as County Surveyor. The County Surveyor reviews records of surveys, parcel maps and final maps to ensure compliance with state and local regulations.

Public Works is the department that issues addresses for properties. There is a $25 fee for this service.

ENVIRONMENTAL HEALTH REVIEW OF THE APPLICATION

The Environmental Health Division reviews discretionary and ministerial land use applications as they relate to public and private water supply, land development, sewage and waste water disposal, solid waste, toxic material control, food sanitation, general sanitation, recreational water quality control, noise control substandard housing. The Environmental Health Division issues permits for the following:

        • Bed and Breakfast Facilities
        • Farm Labor Camps
        • Mobile Food Preparation Units
        • Pools
        • Public Water Systems Restaurants
        • Septic Systems
        • Solid Waste Facilities
        • Storage of Hazardous Materials
        • Underground Storage Tanks
        • Waste Water Facilities
        • Well Construction/Destruction Public Swimming

FIRE DISTRICT REVIEW OF THE APPLICATION

There are 13 fire districts within Monterey County. The applicable Fire Districts reviews discretionary and ministerial land use applications for compliance with the fire code and local ordinances. Areas of review include setbacks of structure, exiting requirements, fire suppression and vehicle accessibility (slope of road/driveway and turn radius). If the project requires the installation of fire sprinkler systems, a separate sprinkler plan and review will be required.

It is extremely important that the fire district be contacted early in the development process, as fire regulations may play an important role in the design of your project.

WATER RESOURCES AGENCY REVIEW OF THE APPLICATION

The Water Resources Agency is responsible for flood control, drainage and erosion control and other water resource issues including the availability and insurance of long- term water supply and water conservation. They review discretionary and ministerial land use proposals for potential flood hazards, drainage and erosion hazards, river and streambed alterations and activity in flood plains.

This agency also interfaces with the Monterey Peninsula Water Management District for conformance with their regulations. Clearance is required from the water district prior to issuance of a building permit for projects located in the MPWMD area.

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

If your property lies within the boundaries of the Monterey Peninsula Water Management District (MPWMD), the District has jurisdiction over water usage regardless of whether your property is served by a water system or private well. Often, if your property is served by a well, an exemption is granted from obtaining a water permit from the District. Review, of fixtures type and quantity is still required regardless of this exemption.

The first step in this review process is the completion of a MPWMD Water Release Form (WRF). This form is to be submitted with the applicable building permit. The type and quantity of all water fixtures are enumerated and are assessed a water usage value. Once this form is complete it will be forwarded to the Water Resources Agency for review and approval. If there are sufficient water credits associated with the property to allow the proposed use, this form will be returned to the Planning & Building Inspection Department. If you have been required to first obtain a Planning (discretionary) permit, the completion and review of this form is often processed as a part of that application. If you do not have sufficient water, this form, along with your Planning (discretionary) permit and/or building permit application is the mechanism by which you are placed on a waiting list for available water.

The second step is this review process is accomplished once the construction plans for the project have been approved. You will be contacted to transport a copy of the approved WRF along with a set of approved construction drawings to the MPWMD. Their review can take one of 3 tracks:

      1. Review of your project plans and WRF over-the-counter, issuance of water permit after payment of fees.
      2. Review of your project plans and WRF with an inspection of the property by MPWMD staff, issuance of permit after payment of fees. Depending on the volume of inspections, this can take several weeks.
      3. Review of your project plans and WRF with requirement of the recordation of a deed restriction if you have indicated that the project includes ultra-low-flow appliances (usually dishwasher or washing machine). This deed restriction is legal notification that these ultra-low-flow appliances must remain when the property is sold or transferred. Because this document usually requires legal review, this process can take several weeks. Once the documents have been recorded, you will then pay fees and obtain your water permit.

HISTORIC REVIEW

All proposed projects involving alteration of, additions to, or demolition of a historic resource, or any development on a site containing historic resources requires Historic Resource Review. Ordinary maintenance and repair does not normally require Historic Resource review.

The review process includes meeting with the Historic Resources Review Board (HRRB), which meets the first Thursday of each month. The project may require a use permit based on History Resource (HR) zoning designation. Properties which are zoned “HR” are subject to the regulations for the “HR” District contained in Title 21, Chapter 21.54 of the Zoning Ordinance or Chapter 20.54 of the Coastal Implementation Plan for property located in the Coastal Zone.

Designated resources which are not zoned “HR” are subject to 18.25 of the County Building Code, “Preservation of Historic Resources”. All designated historic structures may use the State Historic Building Code.

LAND USE ADVISORY COMMITTEE (LUAC) REVIEW

The land use advisory committees are comprised of local residents who review discretionary permits and select design approval applications for conformance with neighborhood character and, if applicable, design guidelines. Projects are reviewed at a scheduled, publicly noticed meeting. You may be asked to attend. Your planner can provide you with the necessary information and a contact person. Land Use Advisory Committees are advisory bodies only. Members may make recommendations which may be taken into consideration by Planning Division Staff and other decision making bodies during the review process.

STATE/FEDERAL AGENCY REVIEW OF APPLICATIONS

(California Coastal Commission, CalTrans, Fish and Game, etc.)

The Department may be required to notify and obtain clearance from other agencies that have jurisdiction relating to the project. For example: a new driveway encroaching on a state highway would require an encroachment permit from CalTrans. A new creek crossing could require review and/or a permit from the U.S. Fish & Wildlife Service, National Marine Fisheries Service, and California Fish and Game. If clearance is required from a state or federal agency, a staff person will explain this process.

EXAMPLES OF “SUPPLEMENTAL DOCUMENTS”

Based on the property zoning classification and required permit (s), additional documents may be required to verify the specific conditions on a parcel.

To obtain a planning permit:

    1. Archeological Report
    2. Forest Report
    3. Biological Report
    4. Geologic Report
    5. Geotechnical Reports
    6. Additional reports could be required to satisfy the discretionary permit process
    7. Color chips
    8. Photographs
    9. Samples of Materials
    10. Traffic Report
    11. Erosion Control Plan
    12. Hydrology Report
    13. Landscape Plan

To obtain a grading permit:

    1. Geotechnical Report
    2. Geologic Report
    3. Compaction Report
    4. Soils Report
    5. Survey to establish grades, property lines or siting of structure
    6. Erosion Control Plan

To obtain a building permit:

    1. Structural Calculations
    2. Energy Calculations
    3. Geotechnical Report
    4. Truss Calculations (May be deferred)
    5. Electrical Calculations for services over 600 amps
    6. Archeological Report
    7. Arborist Report
    8. Biological Report
    9. Geologic Report
    10. Landscape Plan

To obtain a demolition permit:

    1. Photographs
    2. Verification of age of structure
    3. Evaluation by a historian
    4. A completed demolition form (Available in the permit centers)
    5. Floor plans/site plans outlining area of work

There may be additional reports or plans required after initial evaluation of the project.

OTHER FREQUENTLY ASKED QUESTIONS

MAY I SUBMIT PERMIT APPLICATIONS IN PHASES?

Permit applications may be phased. Concurrent submission of applications for all permits associated with a property or project will, usually be less expensive and can reduce the review period. Applications which are submitted and reviewed simultaneously will not be charged separate plan review fees (i.e. zoning fees, health plan review fees, fire plan review fees, pre-site inspection fees, etc.)

MAY I DEFER SOME OF MY SUBMITTAL DOCUMENTS

Some of the documents required to complete your building permit application may be submitted at a later time. When approved by the Building Official, the approved plans shall state deferred items. The building permit plan check process cannot be deemed complete until soils profile reports, truss calculations, structural calculations and other supplemental reports are reviewed.

Supplemental materials associated with planning permits may also be submitted after the original application. Your application may be deemed incomplete until required materials are received.

Please be aware, however, that deferred submittals may delay the approval of your application. It may be more expedient to delay your application until all materials have been gathered.

CAN I HAVE A TEMPORARY STRUCTURE ON THE PROPERTY TO LIVE IN DURING CONSTRUCTION?

A temporary residence may be allowed during construction with the proper permits and authorizations. If you are planning on living on-site during construction, you must inform the Planning & Building Inspection Department of your intention at the time of application for both a discretionary permit and a building permit.

The permit for a temporary residence during construction will not be granted until all building, health, public works or other required permits for the project have been approved and issued. Only one temporary residence will be allowed per parcel. A temporary residence will not be allowed if other residences are present on the property. Construction of the permanent residence must begin within 60 days of the issuance of the building permit. The use of a temporary residence is authorized for a period of 18 months ONLY or until the granting of occupancy or final inspection of the permanent residence whichever occurs first. Mobile homes used as temporary residences must be removed from the property after cessation of use. Travel-type trailers may remain on the property but must be in storage and be disconnected from all utilities.

WHAT IF I WANT TO MOVE A BUILDING?

The relocation of a structure requires a building permit and may require a planning permit based on the zoning designation of the property to which the structure will be located. With rare exception re-located structures are required to meet current code guidelines. The transportation of a structure slated for relocation may require a permit from the agency with jurisdiction over the road to be used. (California Highway Patrol, City Police, CalTrans, etc.)

DO I NEED A PERMIT FOR A JOB SHACK?

A building permit is required for the use of a temporary job trailer. The temporary office must comply with the requirements of the Uniform Building Code, Title 16 and Chapter

15.20 of the Monterey County Code.

Temporary job trailers may not be lived in and must be removed prior to the granting of occupancy or final inspection of the permanent structure.

HOW DO I GET ELECTRICITY AND GAS SERVICE TO THE PROPERTY?

Building Inspection Staff must authorize electric and gas service activation. A building inspector will give you direction on when and how this authorization is granted.

Gas & electrical service authorization will not normally be granted prior to the establishment of a primary use on the property.

HOW DO I CLEAR A VIOLATION?

If you have been notified of a violation by the posting of a Stop Work Order (red tag) or Notice of Monterey County Code Violation, these documents give you directions on clearing the violation. If you have received notice in the mail of a violation on your property, the notice will instruct you on how to proceed.

For building code violations (construction without permits), you may submit an application for the building permit after the fact along with all required construction plans and supplemental reports and documents. You will be assessed an investigation fee equal to the permit fee.

You may also apply for and obtain a demolition permit to demolish the illegal structure.

For violations of the building code which also violate the zoning ordinances, you may be required to restore the property to its pre-violation state prior to proceeding with development. This restoration may involve hiring consultants to provide direction for restoration of environmentally sensitive habitat, restoration of biologic habitats (vegetation/trees), restoration of rivers and streambeds, restoration of grading.

You may also be required to obtain development permits to clear zoning violations (use permits, administrative permits, design approvals, etc.) You will be assessed an investigation fee equal to the permit fee.

You will be required to work closely with the County’s Code Enforcement Staff, Building Inspection Staff and Planning Staff to clear violations.

*No permit will be issued until the violation is cleared.

Once the permits are issued and you have received a final inspection, the violation will be closed. You may also be required to record a Release of Monterey County Code Violation with the County Recorder’s Office. The fee for this recordation is $12.00.

GATE CODES

If access to your property is controlled by a locked or coded gate, inspectors and planning staff will require that you be present for scheduled inspections. If you do not anticipate being available to grant access on the day of an inspection, you must provide Planning & Building Inspection Department Staff with the gate code or a key.

If an inspection is scheduled and staff cannot access the property, you will be assessed a re-inspection fee.

DON’T FORGET ABOUT YOUR ANIMALS!

Please be sure to secure all animals prior to an inspection. Planning & Building Inspection Department Staff may not perform scheduled inspections if animals interfere with the safe performance of the inspection.