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Residents urge review of high appeal fees for planning commission decisions
Summary
Neighborhood speakers told the council Lafayette’s planning appeal fee — described in one case as $5,850 — discourages appeals and may favor property owners; speakers asked the council to review the fee structure and justify staffing-hour bases for the charge.
Several residents told the City Council on Monday they believe Lafayette’s current appeal fee structure for planning decisions is unreasonably high and discourages public appeals.
Pam (last name not provided) told the council that the city’s appellant surcharge — set at 75% of the project owner’s application fee — produced an appeal cost in one instance she described as $5,850. She said the city’s charge appears higher than appeal fees in nearby jurisdictions and that the fee discourages public participation and may bias outcomes in favor of property owners.
Pam said she and neighbors compared Lafayette’s appeal fee to neighboring cities and found Walnut Creek’s fee was considerably lower on the examples they inspected, listing comparative examples such as Concord and Pleasant Hill and noting that Orinda caps its appeal fee at 25% of the application fee with a $2,000 maximum. Pam said the appellant surcharge should be reviewed as possibly “illegal and exorbitant.” She asked the council to require the Planning Commission or other decision bodies to document and justify staff work hours the city relies on to set the appeal charge.
Pam also referenced a 2018 municipal ordinance intended to encourage community participation in land-use appeals and said the current high fee undercuts that aim.
No formal action was taken on the appeal fee at Monday’s meeting; councilmembers and staff did not commit to immediate changes but accepted the request for review. The city manager and planning staff said they will take the concern under advisement as staff continues routine code and fee reviews.
