Item Coversheet
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
Staff Report 

January  5, 2021
CONSENT AGENDA

TO:

Honorable Mayor and City Council Members 
SUBMITTED BY:

Marnie Waffle, AiCP – Acting Community Development Planning & Building Director
APPROVED BY: 

Chip Rerig, City Administrator
SUBJECT:

Resolution 2021-004 authorizing a refund of a Design Review (DR 20-326, The Pocket) permit fee of $430.00 and Planning Commission referral fee of $1,075.00 to Kent Ipsen.

 
RECOMMENDATION:

Adopt Resolution 2021-004 authorizing a refund of a Design Review (DR 20-326, The Pocket) permit fee of $430.00 and Planning Commission referral fee of $1,075.00 to Kent Ipsen.

BACKGROUND/SUMMARY:

The applicant, Kent Ipsen, submitted a Design Review Track 1 Minor application fee of $430.00 to install a temporary tent within the courtyard of Lincoln Lane associated with outdoor dining at The Pocket restaurant. With the recent changes to the County-wide stay-at-home-order and the closure of outdoor dining, the applicant is requesting to withdraw the application. This item is on the Council’s agenda to authorize a refund of 75% of the permit fee costs, $1,128.75, in accordance with CMC Section 17.02.120 (Fees) which allows a partial refund of fees in the amount of 75% for applications that are withdrawn before a determination has been made as to whether the application is complete. The applicant submitted an application on November 2, 2020 and withdrew the application on December 9, 2020 prior to staff making a determination as to the completeness of the application.

 

CMC Section 3.06.060 (Return of Funds) requires refunds of $1,000 or more to be approved by Council. Specifically, Section 3.06.060 states that “from time to time it becomes necessary to refund certain permit fees, taxes, licenses, etc., in the normal course of City business. Upon recommendation from the Assistant City Administrator, the City Administrator or his/her duly authorized representative is authorized to approve such refunds in an amount not to exceed $1,000. All refunds over $1,000 shall require approval by the City Council.”

FISCAL IMPACT:

Other than the cost of processing the refund, there is no fiscal impact to the City for issuing the permit fee refund.

PRIOR CITY COUNCIL ACTION:

None.

ATTACHMENTS:
ATTACHMENTS:
Description
Attachment #1 - Resolution 2020-004 Refund fees, DR 20-326 (The Pocket)