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HomeMy WebLinkAboutR-11249 adopting and confirming various fees for Administrative AppealsR 11249 RESOLUTION NO. 11249 (2021 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADOPTING AND CONFIRMING VARIOUS FEES FOR ADMINISTRATIVE APPEALS WHEREAS, the City Council adopted Ordinance 1625 (2015 Series) which, among other things, established the Administrative Review Board to hear certain administrative citation appeals that required the creation of a substantial record; and WHEREAS, no fee amount was explicitly set for an appeal to the Administrative Review Board, but has been interpreted as falling under the ‘All Other Appeals’ category of the City’s Comprehensive Fee Schedule; and WHEREAS, Ordinance 1625 (2015) also redefined the purview and procedures of the previously established Construction Board of Appeals, including specifying staff’s creation of a substantial record for those administrative citation appeals it reviewed; and WHEREAS, no fee amount is explicitly listed in the City’s Comprehensive Fee schedule for an appeal to the Construction Board of Appeals, but there does exist two otherwise applicable fees: “Appeal of Building Official Decision – BLDG” and “Handicap Board of Appeals – BLDG”; and WHEREAS, the City Council adopted Ordinance 1664 (2019 Series) which modified the process for tree removal applications and as a result there are no longer any decisions of the City’s Tree Committee appealable to the City Council though a fee for such an appeal remains listed in the City’s Comprehensive Fee Schedule; and WHEREAS, certain decisions of the City Arborists are appealable to the Tree Committee, but no fee amount for such an appeal is listed in the Comprehensive Fee Schedule; and WHEREAS, the Comprehensive Fee Schedule will be updated to reflect all new and updated fees becoming effective July 1, 2021. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. The City will begin collecting fees for administrative appeals to its various advisory bodies as show below. Accordingly, the City’s Comprehensive Fee Schedule shall be amended to reflect the following fees: DocuSign Envelope ID: 344A966F-21A1-48FC-8E6A-DF97F2285836 Resolution No. 11249 (2021 Series) Page 2 R 11249 Appeals to Advisory Bodies Following Administrative (non-Planning) Decisions Tree Committee $125.71 Construction Board of Appeals $1,196.04 Administrative Review Board $312.61 All Other Appeals $312.61 Upon motion of Council Member Christianson, seconded by Vice Mayor Stewart, and on the following roll call vote: AYES: Council Member Christianson, Marx, Pease, Vice Mayor Stewart, and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 1st day of June 2021. ________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ________________________________ Teresa Purrington City Clerk DocuSign Envelope ID: 344A966F-21A1-48FC-8E6A-DF97F2285836 6/8/2021 | 3:57 PM PDT