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—