TITLE
Recommendation to authorize Department of Development Services to process a refund in the amount of $43,531 to Grand Pacific 7-28, LLC, for the property located at 110 North Pine Avenue. (District 2)
DISCUSSION
On December 18, 2014, Grand Pacific 7-28, LLC (Applicant) paid fees totaling $69,528 for plan check review of a proposed change of use from office to residential for a historical structure located at 110 North Pine Avenue. The Applicant recently decided not to proceed with the proposed project to convert the building into residential units and has instead opted to move forward with tenant improvements for office use.
Long Beach Municipal Code (LBMC) Section 18.06.200 states that no portion of a plan check fee shall be refunded to the applicant if any review of the construction documents has been performed. However, given the total value of the plan check fees submitted for this project compared to the level of review already completed, staff has calculated expenditures incurred to date and recommends the unused balance of fees, $43,531, be refunded.
In accordance with LBMC Section 3.48.040, which requires that refunds exceeding $10,000 be approved by the City Attorney and the City Council, authorization to process the refund is requested on behalf of the Applicant.
This matter was reviewed by Deputy City Attorney Richard Anthony on April 2, 2015, and by Budget Management Officer Victoria Bell on April 6, 2015.
TIMING CONSIDERATIONS
City Council action is requested on May 5, 2015, to expedite processing of the refund.
FISCAL IMPACT
The amount of $43,531 will be refunded from the Development Services Fund (EF 337). There will be no local job impact as a result of this recommended action.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
AMY J. BODEK, AICP
DIRECTOR OF DEVELOPMENT SERVICES
APPROVED:
PATRICK H. WEST
CITY MANAGER