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APPROVE MOTION TO AUTHORIZE A REFUND OF PLANNING FEES - RYAN VAN GRONINGEN OF FIVE CORNERS GROUP
recommended action
RECOMMENDATION
It is recommended that the City Council approve a motion:
1. Authorizing a refund in the amount of $27,091.45 for fees connected with Planning Application P24-0177 paid by Ryan Van Groningen of Five Corners Group.
2. Authorizing the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the motion.
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Summary
On September 20, 2024, Ryan Van Groningen paid $27,116.45 in planning application fees in connection with an annexation application inclusive of prezoning and a tentative parcel map. Due to personal reasons and market conditions, the applicant has decided not to move forward with the project and has requested a refund of fees paid pursuant to the refund processes in the Stockton Municipal Code (SMC). Because the applicant never submitted all required items for processing, no work was completed on the planning application, and staff recommends that the Council approve the requested refund.
DISCUSSION
Background
On September 20, 2024, Ryan Van Groningen paid $27,116.45 by check for planning fees for planning Application P24-0177 for the purposes of annexation of lands, prezoning of the lands to City of Stockton zoning, and a tentative parcel map to subdivide respective lands into multiple parcels. Due to present market conditions and personal reasons, Mr. Van Groningen will not be pursing the planning application and submitted a request for refund (Attachment A). Details of the payment receipt are also included (Attachment B).
Refund Analysis
Planning application fees are governed by Section 16.84.080 (Fees) of the Stockton Municipal Code (SMC) , which requires that refunds over $20,000 be approved by the City Council. Refunds are subject to a Refund Processing Fee of $25 per the Fiscal Year 2025-2026 Adopted Fee Schedule and SMC 16.84.080(B)(1).
SMC 16.84.080(B) speaks to Refunds and states: "In the case of a withdrawal, the Director may authorize a refund based upon the following:
1. 100 percent refund, less the refund processing fee required by the Council’s fee resolution, if the application is:
a. Accepted in error (an application that cannot be processed; or
b. Determined to not be complete.
2. 50 percent refund, if interdepartmental referrals have not been sent out.
3. 25 percent refund, if interdepartmental referrals have been sent out, but public notice (published or mailed) has not bee distributed.
4. No refund if the application has been publicly noticed, in compliance with Chapter 16.88"
In the Table below we see the calculated refund amount, less the Refund Processing Fee of $25.00, totals $27,091.45.
|
Fee Item Description |
Fees Paid |
|
Technology Fee - Planning |
$470.25 |
|
Rezoning/Prezoning (ET) |
$418.00 |
|
Rezoning/Prezoning (PR) |
$104.50 |
|
Rezoning/Prezoning (PLN) |
$4,650.25 |
|
Rezoning/Prezoning (MUD) |
$52.25 |
|
Tentative Parcel Map (PR) |
$41.80 |
|
Tentative Parcel Map (ET) |
$271.70 |
|
Tentative Parcel Map (PLN) |
$710.60 |
|
Tentative Parcel Map (MUD) |
$20.90 |
|
Community Rating System - Planning |
$376.20 |
|
Annexation Deposit |
$20,000.00 |
|
Total |
$27,116.45 |
|
Refund Processing Fee |
$25.00 |
|
Total Refund |
$27,091.45 |
Because no work was done on the application beyond intake and a cursory review of the preliminary submittal items to determine remaining items needed to appropriately review the applicaiton, staff recommends that the Council approve the refund for a total of $27,091.45.
FINANCIAL SUMMARY
The planning application fees totaling $27,116.45, were deposited into the following accounts:
Development Services Fund (220-221)
Stormwater Fund (620-000)
The refund amounts for the permit will be made from these same accounts. There is no financial impact on the City’s General Fund.
Attachment A - Refund Request
Attachment B - Proof of Payment