HomeMy WebLinkAboutLCPA 90-03A; Four Seasons Aviara Resort; Local Coastal Program Amendment (LCPA) (8). A
RECEIVED
AVIARA
June 22, 1995
Mr. Mike Grim City of Carlsbad Planning Department
2075 Las Palmas Drive
Carlsbad, CA 92009
RE: LCP Amendment Application Fee
Dear Mike:
Inasmuch as Aviara Resort Associates has been informed that their application package
for planning permits for the Aviara Resort amendments will be considered incomplete unless a full LCP amendment fee check is submitted by June 22, 1995, we hereby submit an LCP amendment fee check for $5,531.00. We submit this check under protest.
We understand that this fee is collected by the City to cover professional costs incurred
by City staff in their review of the proposed amended pages of the Aviara Master Plan.
We believe that collecting a fee for this task is redundant to the fee collected for the Master Plan Amendment, $4,500.00. We believe it is redundant because the analysis involved in review of the LCPA is exactly the same analysis involved in review of the
MPA. We conclude that almost no additional professional effort is involved in the
proposed LCP amendment.
State law requires that a nexus exist between the fee a public agency may charge for professional staff work, and the cost of the staff effort. We do not believe that in this case, where the City is charging in excess of a double fee for effectively the Same staff
same staff work, this fee is consistent with State law. We cannot imagine how the City
could incur costs in excess of $10,000.00 for in-house professional review of a few pages
of master plan text.
2011 PALOMAR AIRPORT ROAD. SUITE 206 CARLSBAD. CALIFORNIA 92009 (619) 931-1190 FAX: (619) 931-7950
t
Mr. Mike Grim June 22, 1995
Page 2
In order that our project not be delayed by a notice of incomplete application, however, we are hereby submitting an LCPA fee check for $5,531.00, under protest. Upon your internal review of our protest, we would hope that this fee amount would be refunded to us.
Feel free to call if you have any questions in this matter.
D. L. Cbadns
DLC:ps Enclosure
cc: Mike Holzmiller Robert Green, Hillman Properties