Title
Staff Report for a City of San Leandro City Council Resolution to Amend Title 6, Chapter 4 of the San Leandro Administrative Code to adjust the Community Development Department Planning Division Appeal Fees
Staffreport
SUMMARY AND RECOMMENDATIONS
Planning appeal fees are structured as direct cost, deposit-based fees that reimburse the City for hourly administrative processing costs. The City Council Rules Committee recommends that the City Council adopt a Resolution to reduce the appeal fee to a $2,500 deposit for applicants and a fixed $500 fee for non-applicants.
BACKGROUND AND DISCUSSION
Following public concerns expressed during the Parrott Street Apartments appeal on March 19, 2018 (APL18-001), the City Council referred review to the City Council Rules Committee of the costs to file an appeal. The Rules Committee met to discuss appeal fees for planning projects at its April 23 and June 25, 2018 meetings. Following deliberations, the Rules Committee recommended reducing the deposit amount for applicants by half and re-establishing a separate, reduced fixed fee of $500 for non-applicants.
Appeal fees are charged at direct cost and the appellant pays a deposit from which the City deducts its hourly costs of processing the appeal for review and decision by the respective appeal hearing body. Following the outcome of a hearing body's decision, the appellant either receives a refund of the remaining balance or a bill if there is an outstanding amount. In the instance of Parrott Street Apartments (APL18-001), the appellant received a refund of $2,269.33 from the City and is reported to have refused an offer by the applicant, Eden Housing, to be reimbursed for the cost of the appeal.
The current appeal fee 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.
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