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HomeMy WebLinkAbout17 - NB-2 - Requests for Waivers of Appeal Fee - 7/18/2017CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 18, 2017 ITEM NUMBER: NB -2 SUBJECT: REQUESTS FOR WAIVERS OF APPEAL FEE FOR DEVELOPMENT REVIEW PROJECTS DATE: JULY 10, 2017 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: PEGGY SCHNEBLE, ASSISTANT DIRECTOR DEVELOPMENT SERVICES FOR FURTHER INFORMATION CONTACT: PEGGY SCHNEBLE (714) 754-5182 peggy.schneble@costamesaca.gov RECOMMENDATION Staff recommends that the City Council provide direction regarding the refund process for development fees for appeals. BACKGROUND/ ANALYSIS Mayor Foley previously asked for information regarding a 2015 request for refund of appeal fees filed by Ms. Anne Parker and Ms. Carrie Renfro. On June 16, 2015, Ms. Parker requested a refund for the $690 fee paid to appeal the Zoning Administrator's decision on ZA-15-01. On, August 9, 2015, Ms. Renfro requested a refund for the $1,220 fee paid to appeal the Planning Commission's decision on PA -14-41. Council Member Genis had requested that the two items be placed on the September 1, 2015 agenda for the City Council to consider. At that meeting, the Council voted 2-2-1 to refund 50 percent of the appeal fees. (Council Member Foley and Council Member Genis voting yes, Mayor Pro Tem Righeimer and Mayor Mensinger voting no and Council Member Monahan absent.) The staff report for that item is included as Attachment 1. The Appeal and Review Procedure is defined in Chapter IX of the Municipal Code. Section 2- 307 states that an application for an appeal "shall be accompanied by a processing fee in an amount determined by resolution of the city council." The fee to file an appeal of a Zoning Administrator decision is $690. The fee to file an appeal of a Planning Commission decision is $1,220. If a Planning Commissioner or City Councilmember files an appeal, no fee is charged. The appeal fees are intended to partially recover the cost of staff time in preparing for an item to be reviewed by the respective body. The fees are also to cover costs of required public noticing per State law. The chart below shows appeals that have been filed on projects since 2015 and whether filed by an applicant, Neighbor/Resident, Adjacent Business/Property Owner or a Planning Commissioner/City Councilmember. Appeal Filed By: 2015 2016 2017 Applicant 8 7 2 Neighbor/Resident 3 0 0 Adjacent Business/Property Owner 1 1 0 Planning Commissioner/City Councilmember 1 2 2 LEGAL REVIEW Legal review is not required for this item. ALTERNATIVES The Council could retain the current practice of considering refund of appeal fees on a case- by-case basis or recommend a new process for refunding appeal fees by directing staff to file a code amendment. PEGGY SCHNEBLE BARRY CURTIS, AICP Interim Development Services Development Services Department Director Assistant Director Attachments: 1. City Council staff report dated September 1, 2015 ATTACHMENT 1 CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 1, 2015 ITEM NUMBER: NB -4 SUBJECT: REQUEST FOR REFUND OF APPEAL FEE FOR ZA-15-01 AND PA -14-41 DATE: August 12, 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 ouncil:Provide direction responsive to the request for a refund of the appeal fees in the amount of $690.00 to Ms. Ann Parker and in the amount of $1,220.00 to Ms. Carrie Renfro. 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 and 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). On June 8, 2015, the Planning Commission held a public hearing to consider the Conditional use Permit (CUP) for an outdoor farmer's market at 183 E. Bay Street (St. John the Divine Episcopal Church). The Planning Commission, by majority vote (3-1, Commissioner Andranian opposed, and Commissioner Sesler recused), approved the CUP with modified conditions of approval. On June 12, 2015, Ms. Renfro filed an appeal and paid the $1,220.00 fee. On August 4, 2015 the City Council approved Resolution No. 15-46 reversing the Planning Commission's approval of PA -14-41. On A�gu�t -1 261 BMs. Renfro su muted a wri en request or a refund or the $1,220.00 fee paid to appeal PA -14-41 (Attachment 2). Council Member Sandra Genis requested that the items be placed on the agenda for consideration. ANALYSIS 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. Staff conducted a survey of surrounding cities and the result are as follows: Appeal Fee Survey City Appeal to Planning Commission Appeal to City Council Newport Beach $4,575 $4,289 Santa Ana $3,751 $3,751 Huntington Beach $2,501 $3,383 Irvine $128/ hourly (varies from $3,000 to $10,000) $128 / hourly (varies from $3,000 to $10,000) Anaheim $181 / hourly $2,300 min. deposit Mission Viejo $2,000 $2,000 Orange $1, 000 $1,000 Costa Mesa $1090 $1,220 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 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_revie_u-is-ot_r_equired-for-this-fte . BRENDA GREEN City Clerk RICHARD FRANCIS — Assistant Chief Executive Officer Attachment 1 Ms. Ann Parker written request for a refund Attachment 2 Ms. Renfro written request for a refund Attachment 1 C/CrC�2;x f � ATTACHMENT 2 From: carrie.renfro@att.net Sent: Sunday, August 09, 2015 10:06 PM To: GREEN, BRENDA Subject: appeal refund Hi Brenda, what is the procedure for me to get my $1200 refunded back after winning my appeal case of the farmer's market? — L—