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HomeMy WebLinkAbout6/20/2007 - STAFF REPORTS - 2.M. .y c+ V N k i Y MI Y C'OL 1 FO BN% CITY COUNCIL STAFF REPORT DATE: JUNE 20, 2007 CONSENT AGENDA SUBJECT: REQUEST FROM "THE WELL IN THE DESERT" FOR REFUND OF FEES FOR CONDITIONAL USE PERMIT APPLICATION FROM: David H. Ready, City Manager BY: Planning Department SUMMARY On June 13, 2007, the City Council denied a request from The Well in the Desert for a Conditional Use Permit for a new location for its food distribution service — 202 W. San Rafael Road. On June 14, 2007, The Well in the Desert submitted a request for a full refund of the applications fees, totaling $2626.50. The Council may grant a fee refund at its discretion and no public hearing is required. RECOMMENDATION Approve the refund of the Application Fees in the amount of $2626.50, to The Well in the Desert, for Case No. 5.1157 CUP. STAFF ANALYSIS: Attached to this report is a letter from Vic Gainer requesting a refund of the application fees for Case No. 5.1157 Conditional Use Permit; 202 W. San Rafael Drive. The CUP would have allowed The Well in the Desert to establish its food give-away program at a new location and close the facility at 181 N. Indian Canyon Drive. On June 13, 2007, the City Council conducted a public hearing on the request and voted 4 to 0 (Mills absent) to deny the request. There is no adopted policy on fee refunds; however, it is staffs policy to retain fees to cover city expenses associated with processing zoning entitlement requests. While partial refunds have been granted when applicants request withdrawal of a project, once a full hearing has been conducted and a decision rendered, no refund would be granted by staff. The Council may exercise its discretion in the matter, however, including a full or partial refund of fees. The request is for a full refund of the fee of $2626.50. The Item 2A . City Council Staff Report June 6, 2007 Request To Waive Fees—"The Well In The Desert' Page 2 of 2 Well in the Desert is a non-profit provider of community services and any refund other financial contribution by the City would not be deemed a gift of public funds. FISCAL IMPACT: Any waiver of fees will impact the General Fund by the amount of the waiver — in this case up to $26.26.50. r A wi ICP Thomas J. Wilson Di r of P ing Services Assistant City MarYager, Dev't Svcs David H. Ready City Manager Attachment: Letter from Vic Gainer, The Well in the Desert (June 14, 2007) Page IofI Loretta Moffett From: Vicgainer@aol.com Sent: Thursday, June 14, 2007 6.26 AM To: David.Ready@palmsprings-ca.gov Cc- tom,wilson@palmsprings-ca.gov; Craig E@ci.palm-springs.ca.us; mikeforpalmsprings@msn.com Subject: C U P/Fee David, Please accept this as a request that the C. U. P. fee paid by The Well in the Desert,three days ago,be returned to us in the form of a donation, refund or any other designation that complies with the City Council's sentiment. Comments made by you and Councilman McColluch regarding this were very much appreciated. Vic See what's free at AOL.com. rit5i1nm