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

February  7, 2023
CONSENT AGENDA

TO:

Honorable Mayor and City Council Members 
SUBMITTED BY:

Marnie R. Waffle, AICP, Principal Planner
APPROVED BY: 

Chip Rerig, City Administrator
SUBJECT:Adopt Resolution 2023-023 authorizing a refund of a Track 2 Design Review application fee and Use Permit application fee in the amount of $5,846.25 to CRI on Carpenter, Inc. 
RECOMMENDATION:
Adopt Resolution 2023-023 authorizing a refund of a Track 2 Design Review application fee and Use Permit application fee in the amount of $5,846.25 to CRI on Carpenter, Inc.
BACKGROUND/SUMMARY:
On May 4, 2022, Eric Miller Architects, Inc. submitted applications on behalf of CRI on Carpenter, Inc. for a Track 2 Design Review and Use Permit for the reconstruction of the Carmel Resort Inn hotel located on Carpenter Street between 1st and 2nd Avenues in the R-1 district. The application fees included $5,392 for the Design Review and $2,730 for the Use Permit.

On January 9, 2023, Don Desai, representing the ownership of CRI on Carpenter, Inc., submitted a request to withdraw the applications. This item is on the Council’s agenda to authorize a refund of 75% of the permit fee costs, $5,846.25, 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with CMC Section 17.02.120 (Fees), which allows a partial refund of fees in the amount of 75% for applications that are withdrawn before a determination has been made as to whether the application is complete.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 May 4, 2022, and withdrew the application on January 9, 2023, prior to the application being deemed complete by staff.

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: