Independence Day versus San Luis Obispo’s fee increases

June 30, 2024

OPINION by STEW JENKINS

Tuesday, two days before Independence Day, the San Luis Obispo City Council will consider adopting hundreds of huge fee increases. For instance the city fee for a development agreement will increase 210% to $59,621.

No wonder housing prices are so high. To keep folks from questioning decisions of, say the architectural review or planning commissions, an appeal to the City Council is slated to increase 341% from $797 to $3,512.

And if you are trying to build something but need to appeal an erroneous denial of your permit application for a needed structure that complies with city regulations, your fee to appeal to the City Council is proposed to increase to $8,611 (a 332% increase).

How about health and environmental actions at your home or business. Did your heater die? Replacing your heater requires a SLO City permit fee now of $489 (227% fee increase). Do you want to conserve water? A grey water system permit will now cost $622 (a 238% increase).

Want to insulate your building to reduce energy usage and save the planet? Your permit will cost $489 (a 239% increase). How about seismic strengthening for safety – the recommended increased permit fee goes up 449% ($57 to now $312, if approved).

There are new fees recommended on ordinary human activity or ordinary home improvements you might want to make to save the planet. But, to no doubt salve the conscience of those preparing the recommendation, a very few of the hundreds of SLO City Fees are recommend to be lowered – slightly.

The best example is this: I did not know that the City of San Luis Obispo requires that you pay a public dance permit fee if the spirit or the music moves you to grab your partner and dance down your street, or in the park. Well, inconveniently rising with inflation over the years that public dance permit now costs $125.36. The recommendation is to round it down by $1.36 to $124.

“Fees” are limited by the California Constitution and statutes to cover the actual cost of city provided services and goods, for instance, water.

What does John Q Public think the  cost of a piece of paper and printing out the public dance permit on a city computer printer amounts to? And, really, folks. Can anyone justify the city intervening in your lives by imposing, collecting, or enforcing a requirement that you get and pay for a permit to dance in public?

And let us circle back to those appeal fees. By the time you appeal, city staff has already prepared reports and bodies like the Architectural Review Commission have already issued their reasons for approving or denying a development or permit issuance. No justifiable extra cost is incurred  by city staff repeating their arguments in an appeal to the City Council.

Having brought a successful appeal to the City Council, I can attest that it is the person appealing to the City Council who has to incur the cost to provide documents, materials, evidence and arguments. It is the person appealing who is exercising their right under the U.S. and California Constitutions to petition for redress of grievances and to instruct their elected representatives.

No fee, let alone the current exorbitant fees, should ever be charged. Charging that fee impairs an appellant’s ability to exercise of that right to appeal to the San Luis Obispo City Council.

Show up July 2, at 5:30 p.m. at San Luis Obispo City Hall, 990 Palm Street, to urge the City Council to reject the recommendations and reduce or eliminate these unjustifiable fees and these nonsense permits restricting residents’ freedoms.

Stew Jenkins is an Attorney in San Luis Obispo who has been appointed repeatedly by the Superior Court as Special Master. His Law Office provides customized estate plans, represents commercial, industrial and farming land owners, and protects clients constitutional rights. His phone number is (805) 541-5763. He is the host of the weekly radio talk show, SLO County Public Policy and the Law, K-NEWS, FM 98.5.