CITY OF SEBASTOPOL
CITY COUNCIL
AGENDA ITEM
Meeting Date: December 5, 2023
To: Honorable Mayor and City Councilmembers
From: Kari Svanstrom, Planning Director
Subject: Discussion and Consideration of Request for Waiver of Fees for Use Permit Application for Peacetown Concert Series – Amount of Refund Requested $2,921.44 /Fee Waiver requested by Jim Corbett
Recommendation: Approve the Waiver
Funding: Currently Budgeted: _______ Yes ___X No _____ N/A Net General Fund Cost: $2,921.44
Account Code:
Costs authorized in City Approved Budget: ☐ Yes (Finance Initialed _____) ☒ No (Finance Exempt) Account Code/Costs authorized in City Approved Budget (if applicable) _______ (verified by Administrative Services Department) INTRODUCTION/PURPOSE:
The item before the City Council tonight is consideration of the request from the applicant, Jim Corbett, requesting that the fee of $2,921.44 associated with the Temporary Use permitting process be waived by City Council.
BACKGROUND:
The applicant applied for a Temporary Use Permit for the Peacetown Concert Series for the summer of 2023, which requests approval of the special event from the Planning Commission as it was held on private property at the Barlow (public special events go through a different process and do not require Commission approval). The Commission approved the Use Permit, and the concert series was held at the Barlow along with two private restaurants (Hopmonk and Gravenstein Grill) throughout the summer of 2023, ending in August.
DISCUSSION:
The City of Sebastopol has an adopted policy to guide requests from non-profit organizations such as this, which was last adopted via Resolution 6439-2022, which allows City staff (department head approval of 25%, City Manager of 50%), but requires the City Council consider fee waivers beyond 50%, over $1000, or for fees other than fixed fees. The applicant submitted a deposit amount of $3,100 for the application, against which costs are charged. The cost of staff time and noticing for processing the application total $2,921.44 (the applicant will get a refund of the unused $178.56 of the deposit regardless of Council actions). This application is requesting the full (100% waiver) of the costs, which requires Council review and approval.
Non-profits are allowed to submit for fee waivers after the application has undergone final approval. Although the City Council has suspended the policy for fee waivers, as well as City sponsorships and the Community Benefit Grant programs, this fee waiver was submitted prior to the suspension of the City policy.
Agenda Item Number 12 Agenda Item Number 12
City Council Meeting Packet of
December 5, 2023
ENVIRONMENTAL REVIEW:
The proposed action is ☐ Not a project under CEQA ☐ Not exempt ☒ Exempt under Section 15061(b)(3) from the requirements of the California Environmental Quality Act (CEQA), under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
GOALS:
This action supports the following City Council Goals
• Promote the City of Sebastopol as the destination for slow travel, eco-tourism and supporting of bike activities
PUBLIC COMMENT:
As of the writing of this staff report, the City has not received any public comment. However, if staff receives public comment from interested parties following the publication and distribution of this staff report, such comments will be provided to the City Council as supplemental materials before or at the meeting. In addition, public comments may be offered during the public comment portion of the agenda item.
PUBLIC NOTICE:
This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to schedule meeting date.
FISCAL IMPACT:
The City would lose $2,921.44 in fee revenue if this request is granted. These funds would otherwise go to the General Fund.
RECOMMENDATION:
That the City Council consider the request; and:
1. Approve the application for fee waiver in the amount of $2,921.44; or
2. Deny the application for fee waiver and require payment from the applicant to the City of Sebastopol in the amount of $2,921.44
Attachments:
Fee Waiver Request Letter
Agenda Item Number 12 Agenda Item Number 12
City Council Meeting Packet of
December 5, 2023
CamScanner
Agenda Item Number 12 Agenda Item Number 12
City Council Meeting Packet of
December 5, 2023