Title
Staff Report Regarding Discussion of Modifying Existing Planning Appeal Fees
Staffreport
SUMMARY AND RECOMMENDATIONS
Appeal fees for planning cases are a direct cost, deposit-based fee that reimburses the City for hourly staff/administrative processing costs. The deposit amount is set at the average cost of processing an appeal. Staff recommends the Rules Committee review the existing Planning appeal fees and their justifications and provide guidance on staff's recommended modifications to them for consideration in the FY18-19 City Master Fee Schedule.
BACKGROUND
In consideration of public concerns expressed during the recent Parrott Street Apartments appeal on March 19, 2018 (APL18-001), the City Council directed the Rules Committee to review the cost of filing an appeal. Appeal fees are a direct cost where the appellant pays a deposit from which the City deducts the hourly cost of processing. Following the outcome of the decision, the appellant either receives a refund of the remaining balance or a bill if an outstanding amount is still required. The Planning Division typically processes three or four appeals each year. Most appeals are filed by applicants seeking to modify a condition of approval for a previously approved project, neighbors who object to an approved project, or persons seeking to challenge a provision or interpretation of the Zoning Code.
Appeal fees are identified within the City's Master Fee Schedule, which is annually reviewed and approved by the City Council in the spring as part of the budget process. Adjustments to the fee schedule are also possible at other times. The current fee schedule requires a $5,300 deposit to file an appeal, including a non-refundable 6% technology fee applied to all applications. Appeals heard by the City Council pay an additional non-refundable $534 filing fee to the City Clerk.
The methodology and software currently used by Planning staff to track their time allows applicants and appellants to o...
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