TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: DIRECTOR OF PLANNING, BUILDING AND CODE ENFORCEMENT

DATE: FEBRUARY 3, 2004

SUBJECT: REQUEST FOR WAIVER OF THE FEES RELATED TO CASE NO. VRP 161 [REQUESTOR: MARC AND JULIE VAN KLOOSTER, 7264 BERRYHILL DRIVE]

Staff Coordinator: Trayci Nelson, Senior View Restoration Coordinator

RECOMMENDATION

Approve the requested fee waiver.

BACKGROUND

In February 2003, Marc and Julie Van Klooster along with co-applicant's Allen and Victoria Young, submitted a Notice of Intent to File View Restoration Permit No 161 to the View Restoration Staff for processing. In March 2003, a pre-application meeting was held and, despite meaningful discussions on both sides, no agreement was reached and both the applicant's and the foliage owner's agreed to continue to work together to try and reach agreement. In May 2003, both parties notified the City of their interest to move forward to a hearing before the Planning Commission. However, because the revised View Restoration Guidelines were not yet adopted at that time and because several cases were waiting to be heard by the Planning Commission, the item could not be scheduled for hearing sooner than December 9, 2003.

In August 2003, Marc Van Klooster had to undergo unexpected brain surgery. As such Mr. Van Klooster was off work and on disability for several months while he recovered. Prior to the December 9, 2003 hearing before the Planning Commission, Mr. Van Klooster submitted a written request for a possible fee waiver and requested that the public hearing be tabled until such time as the requested fee waiver was decided by the City Council. Thus, the fee waiver request is being made based on a financial hardship (see attached).

DISCUSSION

Pursuant to Section 17.78.010(B) of the Rancho Palos Verdes Development Code (RPVDC), the City Council may grant a request to waive the fees associated with a development application if it finds that:

1. The applicant or the beneficiary of the use or activity proposed by the applicant is a nonprofit corporation registered with the State of California; or
2. The use or activity proposed or the activities of the beneficiary of the use or activity proposed are charitable, educational or otherwise provide a substantial benefit to the public; or
3. The applicant has demonstrated a financial hardship, as determined by the City Council, on a case by case basis.

The full case-processing fee for this application is $1, 700.00. Since the Van Kloosters are one of two applicants' on this application, they are requesting that only their portion of the total fee, which is $850.00 be waived. The second applicant has already paid their half of the fee. Given the fact that Mr. Van Klooster’s surgery was not expected, leaving him disabled for several months and only able to work a 32-hour work week, Staff believes that the fee may be a financial hardship for the Van Kloosters. As such, Staff believes that this is consistent with the criteria of RPVDC Section 17.86.080 and is sufficient to warrant approval of the requested fee waiver.

CONCLUSION

Staff believes that Mr. Van Klooster's request for a waiver of his portion of the case-processing fee associated with VRP 161 is warranted, based upon the required findings under RPVDC Section 17.78.010(B). Therefore, Staff recommends that the City Council approve the request.

FISCAL IMPACT

The approval of the requested fee waiver will result in the City bearing one-half the cost associated with the processing of this application.

ALTERNATIVES

In addition to Staff’s recommendation, the alternatives available for the City Council’s consideration include:

1. Deny the requested waiver of the fees.
2. Grant a reduction in the fee, in an amount to be determined by the City Council.

Respectfully submitted:

Joel Rojas, AICP, Director of Planning, Building and Code Enforcement

Reviewed by:

Les Evans, City Manager

Attachment:

1. Letter of request from Mr. and Mrs. Van Klooster dated December 8, 2003