MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.88 – INTERPRETATIONS

20.88.010            PURPOSE.

The purpose of this Chapter is to provide a process whereby a person aggrieved by an administrative decision may appeal the decision.

20.88.020            APPLICABILITY.

The provisions of this Chapter are applicable only to administrative decisions and interpretations.

20.88.030            APPROPRIATE AUTHORITY.

The Planning Commission of the County of Monterey is the Appropriate Authority to consider appeals of the administrative decisions and interpretations of this Title.

20.88.040             APPLICATION.

A.            Appeals pursuant to this Chapter may only be taken from the written decision or opinion of the Director of Planning and Building Inspection.

B.            Requests for a written decision or opinion from the Director of Planning and Building Inspection shall be made in writing.  Requests must be specific and in sufficient detail to provide a clear basis for issuing the requested decision or opinion.

C.        Upon receipt of an appropriate request, the Director of Planning and Building Inspection shall respond in writing within 10 days setting forth the decision of the Director of Planning and Building Inspection.  Said response shall also include the statement "Should you wish to appeal this decision, the appeal must be filed with the Secretary to the Planning Commission no later than 5:00 p.m. on ____________, or no subsequent appeal on this issue may be heard."  The Director of Planning and Building Inspection shall provide a minimum of 10 days from the date of mailing the letter for filing an appeal.

D.        The appeal shall set forth in detail:

1.            The identity of the appellant and interest in the decision;

2.            The identity of the decision appealed;

3.         A clear, complete, but brief statement of the reasons why, in the appellant's opinion, the administrative decision or interpretation is unjustified or inappropriate because:

a) The findings, interpretation and decision are not supported by the evidence, or

b)           The decision or interpretation is contrary to law.

4.            The specific reasons the appellant disagrees with the decision or interpretation.

E.         The appeal shall not be accepted by the Secretary to the Planning Commission unless it is complete and complies with all requirements.

20.88.050             ACTION BY THE PLANNING COMMISSION.

A.        The Planning Commission shall consider the appeal and render a decision thereon within 60 days after the receipt thereof.

B.         The Planning Commission may, after its consideration of the administrative decision or interpretation, affirm, reverse or modify the interpretation.

C.        In so acting on an administrative decision or interpretation, the Planning Commission shall indicate the reasons for its affirmation, reversal or modification of the administrative interpretation.

D.        The decision of the Planning Commission may be appealed to the Board of Supervisors pursuant to Chapter 20.86.

20.88.060             FEES.

The fee for such appeal shall be set from time to time by the Board of Supervisors, by resolution.  No part of such fee shall be refundable.