Title
Public hearing to consider adoption of a resolution to amend Article 14.D of the Monterey County Fee Resolution to update the Land Use Fee Waiver Policy, effective December 6, 2019.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors adopt a resolution to amend Article 14.D of the Monterey County Fee Resolution to update the Land Use Fee Waiver Policy, effective December 6, 2019.
Proposed CEQA action: Statutorily exempt from environmental review pursuant to Section 21080(b)(8) of the Public Resources Code.
SUMMARY:
The Monterey County "Land Use and Building Services Fee Waiver Policy" (Fee Waiver Policy), set forth in Article 14.D of the Monterey County Fee Resolution, was initially adopted in August 2000 and last updated in July 2012. From July 1, 2016 through June 30, 2019, the County Resource Management Agency (RMA) started tracking waivers more closely. RMA found that the County waived approximately $742,000 in Land Use permit fees based on the Board's waiver policy, and this unrealized revenue resulted in reliance on the General Fund to augment the RMA budget. This finding prompted a review of the existing policy and resulted in this recommendation to update the Fee Waiver Policy.
Staff finds that the RMA Director's authority should be limited to objective criteria to grant waivers without having to involve the Board. Currently, the policy affords the potential for subjective interpretation and the final action by the Director leading to contention if the request is denied. The existing policy assigns the Planning Commission as the appeal authority for fee waiver denial in most cases, putting the Planning Commission in a position to take a financial action, which more appropriately belongs with the Board of Supervisors.
RMA recommends that the Fee Waiver Policy be amended to reduce the number of categories and revise the RMA Director's authority to waive fees. Items falling under RMA Director or designee delegated authori...
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