HomeMy WebLinkAbout17 - NB-3 - Request for Refund of Appeal Fee for ZA- - 8/4/2015CITY COUNCIL AGENDA REPORT
MEETING DATE: AUGUST 4, 2015 ITEM NUMBER: N13-3
SUBJECT: REQUEST FOR REFUND OF APPEAL FEE FOR ZA-15-01
DATE: July 27, 2015
FROM: CHIEF EXECUTIVE OFFICER'S OFFICE
PRESENTATION BY: COUNCIL MEMBER SANDRA GENIS
FOR FURTHER INFORMATION CONTACT: Brenda Green, City Clerk, (714) 754-5221
Richard Francis, Assistant CEO, (714) 754-5688
RECOMMENDATION:
Staff recommends that the City Council:
Provide direction responsive to the request for a refund of the appeal fee in the amount of
$690.00 to Ms. Ann Parker.
BACKGROUND:
On April 23, 2015, ZA-15-01 was approved by the Zoning Administrator, subject to
compliance with conditions of approval. On April 20, 2015, Ms. Ann Parker filed an
appeal and paid the $690 fee. On June 8, 2015, the appeal was considered by the
Planning Commission. Based on the evidence presented by the appellant and
testimony presented at the hearing, the Planning Commission reversed the Zoning
Administrator's approval on a 5-0 vote. Subsequently the Planning Commission
decision was appealed by the applicant and the Planning Commission decision was
upheld by the City Council on a 4-0 vote, with Council Member Foley absent.
On June 16, 2015 Ms. Parker submitted a written request for a refund for the $690.00
fee paid to appeal ZA-15-01 (Attachment 1). Council Member Sandra Genis requested
that the item be placed on the agenda.
ANAI YSIS
The appeal fees are intended to provide for staff time in preparing for the item to be
reviewed by the respective body. The fees are also to cover the costs of required
public noticing pursuant to State Law. Staff notes the fee rarely covers actual staff time
and costs for the preparation. The costs are borne irrespective of the decision.
In 2012 City Council authorized a refund of appeal fees in the amount of $1,220 to Mr.
Morelli pertaining to the appeal of DR -99-22 A2. In 2013 City Council authorized a
1
refund in the amount of $1,220 to Catalina Shores Homeowners Association, pertaining
to the appeal of PA -13-04.
ALTERNATIVES
City Council may consider the following alternatives:
1. Direct staff to review the amount of the appeal fees to ensure recovery of costs
"reasonably borne" by the City for preparation of appeals.
2. Direct staff to review the policies and procedures relating to appeals.
FISCAL REVIEW:
Fiscal Review is not required for this item.
LEGAL REVIEW:
Legal review is not required for this item.
BRENDA GREEN RICHARD FRANCIS
City Clerk Assistant Chief Executive Officer
Attachment 1: Written request from Ann Parker
2