Title
Consider adopting a resolution amending the Monterey County Fee Resolution to:
a. Authorize the Director of Planning to consider and decide requests for waiver of land use appeal fees when the appellant is unable to afford the appeal fee due to appellant’s financial condition; and
b. Authorize the Appropriate Authority to hear appeals from the Director of Planning’s decisions on land use fee waiver requests.
(Fee Waiver Resolution/REF120049)
Body
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution amending the Monterey County Fee Resolution to:
a. authorize the Director of Planning to consider and decide requests for waiver of land use appeal fees when the appellant is unable to afford the appeal fee due to appellant’s financial condition; and
b. authorize the Appropriate Authority to hear appeals from the Director of Planning’s decisions on land use fee waiver requests.
SUMMARY:
Staff is proposing a fee waiver procedure for appeals for those individuals who provide evidence that, due to their financial condition, they cannot afford the appeal fee. The process would allow the Director of Planning to consider evidence provided related to the inability of the appellant to pay the fee, such as evidence demonstrating that the individual would qualify for a waiver of court fees and costs pursuant to California Government Code section 68632 because of his or her financial condition. This resolution will also clarify which County hearing body may consider appeals from any land use fee waiver decision made by the Director of Planning. The resolution would authorize the Appropriate Authority considering the appeal to also consider any appeal of a fee waiver decision, rather than solely the Planning Commission.
DISCUSSION:
The appeals fees were established several years ago to partially recover staff costs associated with processing appeals to the Board of Supervisors or other County hearing body from the decisions made by lowe...
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