Section 5 - Demands (30–90 Day Timeline)

To address the harms and ensure accountability, Monterey County HCD is demanded to take the following corrective actions. These are grouped for clarity: immediate fixes, policy reforms, accountability/explanations, and compensation.

1) Immediate Fixes (30 days)

Website Overhaul 

Post the full Monterey County ADU and Junior ADU Guide (Appendix A) or an equivalent comprehensive resource as a dedicated, prominent section. Separate JrADUs from full ADUs, internal units from detached, and clarify utility reviews (including waivers for low-impact internal units). Remove funneling to staff calls for basic eligibility.

Immediate Removal/Revision of EHB Documents 

Remove or revise the linked EHB water and wastewater documents to explicitly exclude internal JrADUs (and internal full ADUs with no new fixtures/demand) from routine reviews. Add clear waivers stating: "Internal units sharing existing supply trigger no water quality testing; septic review only if net flow increase."

2) Policy Reforms and Transparency (60 days)

Expert Designation: 

Designate (or admit the absence of) a current ADU/JrADU expert and publish their name/contact on the website, along with a written role description ensuring accurate, complete public information. If no expert has existed since 2016, publicly explain the gap and assign one immediately.

Historical Transparency: 

Publish all historical ADU/JrADU planning documents, ordinance drafts, and leadership assignments (2016–present) on the website for public review.

Fire Department Coordination

Coordinate with fire departments for policy prohibiting separate address/inspection fees for internal units absent new risks.

3) Accountability and Public Explanation (90 days)

Expertise Investigation: 

Investigate and report on the absence (or failure) of a designated ADU/JrADU expert since the 2016 state mandate, including why internal options were not highlighted despite their low-impact benefits for housing density.

EHB Overreach Explanation: 

Publicly explain why EHB documents include internal JrADUs at all (contrary to no-load-change reality) and present only detached examples, concealing easiest options. As oversight for permitting, doc distribution, and fee collection, HCD must detail why they allowed this without pushback—identify who approved linking these without internal waivers. Request EHB provide parallel explanation in joint response.

EHB Fee Justification: 

As the authority charging and collecting fees for all bureaus (including EHB routing), provide a detailed breakdown of the $603 EHB fee for internal JrADU reviews (hours billed, staff involved, tasks performed—e.g., document checks, sample flow tests). Explain why HCD approved or allowed this fee when internal JrADUs trigger no new water quality risks and only minor (if any) flow changes, which should have been obvious to HCD as the permitting gatekeeper familiar with state mandates and low-impact internals.

Absent Fire Department Coordination Explanation

Explain why fire departments were allowed to impose separate address and paid inspection requirements on internal JrADUs (no new structure/load), including identification of statute basis (or admission of none). Detail HCD's role in partial intervention (address waiver) but silence on inspection/fee. Investigate coordination failures between HCD and fire departments on ADU/JrADU reviews, including why invalid contacts were provided and demands persisted without challenge.

Public Apology:

Provide a written public apology and explanation for the nearly decade long misinformation and omissions that deterred applicants from easy density options while robbing younger generations, the elderly and lower income from more housing options at lower prices.

4) Compensation (60 days)

EHB Fee Refunds (case specific and general): 

Coordinate with EHB for full refund of unnecessary reviews/fees for internal JrADUs countywide since January 1, 2017 (~$603 for applicant, plus interest).

HCD Permit Fee Review (case specific): 

Review and refund duplicative/overlapping HCD permit fees caused by misinformation/delays (e.g., applicant's separate JrADU permit vs. bundling with prior remodel; estimated ~$627 non-EHB portion). Provide accounting of fees charged and rationale for not allowing bundling despite state ministerial intent.

Fire Department Refunds (case specific and general)

 Refund applicant's unnecessary fire inspection fee (~$190, plus interest) . Coordinate inspection refunds for any/all other JrADU applications from January 1, 2017 to present.
 

5) Ongoing Reporting