HOUSING AND COMMUNITY DEVELOPMENT

The Director may waive application and appeal fees for discretionary land use permits and construction permits for:

Small day care centers (less than twelve children).
Inclusionary portions of proposed residential developments.
Special Handling affordable housing projects, as detailed in the adopted Special Handling criteria (25% affordable housing). Amount of fees waived is based on the percentage of affordable housing provided, and may include additional fees beyond the original application fees.
Persons age 62 or over on a fixed, very low income as defined by Housing and Urban Development.
Reclassification applications to bring property into consistency with existing General Plan land use designations.
Permit fees for the repair or reconstruction of property and structures damaged or destroyed by an act or event that has been declared a disaster by the Board of Supervisors where insurance is inadequate to pay the applicable fees.
Development, enhancement, expansion or modification of needed community facilities by non-profit organizations and community groups meeting the following criteria:
     a. The proposed project is available for use by the general public; and
     b. Provides a scope of benefit beyond the residents of the immediate vicinity; and,
     c. Is of obvious public benefit. Evidence of public benefit includes, but not limited to, projects that:
          i. Meet a public need previously identified or recognized by the Board of Supervisors;
         ii. Provide a public facility not presently available in the community;
         iii. Have generated obvious, substantial community support; or,
         iv. Would either reduce County costs or increase County revenue.
General Plan amendments for parcels with inappropriate or inaccurate land use designations provided the property has been field checked and verified that it is inaccurately or inappropriately designated.

Requests Not Conforming to Policy:
The Planning Commission shall consider all requests for fee waivers not meeting the above criteria.

Appeal of Director's Decision:
The Planning Commission shall consider all appeals of decisions of the Director on fee waiver requests.

Fee Waiver Procedure

1. Applicant meets with staff member to receive application materials. If applicant wishes to request a waiver of fees, the staff member gives the applicant a “Request for Fee Waiver” form.

2. The Request for Fee Waiver can following one of two different processes: a. Process Waiver and Application Concurrently. Applicant must pay the full fee concurrently with the application submittal. The waiver will be processed concurrently with the project so that both items go to hearing at the same time. Any fees waived by the Planning Commission shall be refunded within thirty days of the final action. b. Process Waiver before Application. Submit the Fee Waiver before submitting an application. If an application is submitted, it shall be held incomplete until action is taken on the fee waiver and, if required, the fees are paid. The Department policy is that requests shall be set for hearing before the Planning Commission within 30 days of submittal.

3. Request for Fee Waivers that conform to the adopted Board policy can be approved by the HCD Director. County land use department shall receive copies of the approved waiver.

4. Request for Fee Waivers that do not conform to the adopted Board policy are routed to the other land use departments for review and recommendation. Routed materials must include the Request for Fee Waiver, the project description and plans prepared by the applicant.

5. In the cases where the fee has been paid, County land use departments shall include their recommendations on the fee waiver as part of their interdepartmental review. If no recommendation is received it shall be deemed that the department concurs with the request.

6. After receiving the departments’ recommendations the Director will consider the fee waiver request and forward a recommendation to the Planning Commission.

7. The applicant and land use agencies shall be notified of the date and time of the Planning Commission’s consideration of the Director’s recommendation.

1441 Schilling Place

South 2nd Floor

Salinas, CA 93901

831-755-5025

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