HomeMy WebLinkAbout7.0_Planning Application Appeal FeesCITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT February 23, 2023 Agenda Item No. 7
SUBJECT: Planning Application Appeal Fees SITE LOCATION: Citywide
PLANNER: Jim Campbell, Deputy Community Development Director jcampbell@newportbeachca.gov
PROJECT SUMMARY
Discussion of planning application appeal fees.
RECOMMENDATION
1)Find any recommendation to the City Council regarding planning application appeal fees is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378)of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and
2)Recommend the City Council modify the Chapter 3.36 of the Newport Beach
Municipal Code to refund appeal fees for successful planning application appeals.
INTRODUCTION
The City Council asked for a review of appeal fees in April 2022 to make them consistent
across all types of appeals based on a recommendation from the Finance Committee.
Right now, some appeal fees are refunded when appeals are successful, but not all of them. Fees for appeals of planning applications are not refunded when they are successful.
DISCUSSION
Chapter 3.36 of the Newport Beach Municipal Code sets the rules for cost recovery for user services. In general, the City charges fees to cover the full cost of providing these services, but there are exceptions, such as appeals, which may be refunded if they are
successful. The only appeal fee that is not refunded if the appeal is successful is the
planning application appeal fee.
The term "successful" is not clearly defined, but in most cases, it is easy to determine. However, in cases where the outcome is less clear, the Community Development Director
or City Manager will make the decision.
Planning Application Appeal Fees Planning Commission, February 23, 2023 Page 2
The City Council recently amended Chapter 3.36 to refund successful appeal fees for all other user services not otherwise specified, but this does not apply to the planning application appeal fee.
The current fee for appeals to the Planning Commission and City Council are $1,715 with one exception, no appeal fee is charged for appealing a coastal development permit from the Zoning Administrator to the Planning Commission. On average, the Community Development Department processes about 1 to 2 appeals per year, so refunding fees for successful appeals would not have a significant impact on the Department's budget.
Staff requests the Commission discuss the policy of refunding appeal fees for successful appeals. Staff supports the refund as it would be consistent with recent City Council direction and staff doesn’t foresee detrimental outcomes or a budget impact. Staff further requests the Commission develop a consensus and direct staff to transmit its
recommendation to the Finance Committee and City Council. Alternatives The Planning Commission can recommend no change to planning application appeal
fees. Environmental Review This action is not subject to the California Environmental Quality Act (CEQA) pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in a physical change to the environment, directly or indirectly.
Public Notice The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Planning Commission considers the item).
Prepared and Submitted by: