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RES-2012-077 RESOLUTION NO. 2012- 077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND RESTATING FEE AND RATE SCHEDULES FOR PLANNING, ZONING, AND, ENVIRONMENTAL PETITIONS, APPLICATIONS, PERMITS, APPROVALS, APPEALS AND INSPECTIONS. WHEREAS, the Anaheim Municipal Code and State Law authorize the City Council to establish filing and processing fees and rates of charges for the purpose of defraying the costs and expenses to the City of Anaheim incurred in the receiving, reviewing, analyzing and processing of Planning, Zoning, and Environmental petitions, applications, permits, approvals, appeals and inspections; and WHEREAS, said costs and expenses include: labor costs incurred by City staff and its consultants in reviewing, analyzing and processing of petitions and applications; postage, materials and labor costs to post and advertise notices of public hearings for certain petitions and applications; and other direct and indirect costs incurred by the City relating thereto; and WHEREAS, the City Council has heretofore established fees and rates of charges for such purposes pursuant to authorization of the Anaheim Municipal Code and m accordance with the requirements of state law; and WHEREAS, due to recent changes to the Anaheim Municipal Code, it is in the public interest and general welfare to amend and restate said fees and rates in the manner hereinafter set forth; and WHEREAS, said fees and rates as hereinafter set forth have been considered at a duly noticed public meeting or hearing as required by law; and WHEREAS, the City Council finds that said fees and rates, in the amounts hereinafter set forth in this resolution, are less than or equal to, but in any event do not exceed, the actual direct and indirect costs and expenses incurred by the City of Anaheim in receiving, processing, analyzing and acting upon said petitions, applications, permits, approvals, appeals and inspections; and WHEREAS, the City Council further finds and determines that this resolution amending and restating the planning, zoning and environmental fees and rates of the City in the manner hereinafter set forth is exempt from the provisions of the California Environmental Quality Act pursuant to Section 21080 (b) (8) of the California Public Resources Code in that said fees and rates are established to meet operating expenses, including employee wage rates and fringe benefits and purchasing or leasing of supplies, equipment, materials and services. -1- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS: SECTION 1. PROCESSING FEES AND RATES. The processing fees and hourly rates for planning, zoning, and/or environmental proceedings in the City of Anaheim (hereinafter collectively referred to as "development projects ") shall be based on full processing costs, which are defined as the direct cost required to receive, review, check, analyze and take action upon petitions and applications for development projects submitted to the City for approval and to provide inspection and other services relating thereto, plus applicable overhead costs, as determined pursuant to that certain cost study and analysis entitled "Anaheim Planning and Zoning Cost Recovery Study" dated April, 2004, and updated entitled "Anaheim Planning Department Updated Fee Analysis" as of 2005, which is on file in the Office of the Planning Director of the City of Anaheim. All costs for consultant services, inclusive of any applicable in -house administrative costs, for development project petitions and applications which cannot be completely processed in -house shall be borne by the applicant. Applicable fees and hourly rates are detailed in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full (hereinafter "Exhibit A "). Any fees and charges incurred pursuant to this resolution shall be deemed a debt due and owing to the City of Anaheim by the applicant until paid in full. A. Flat Fees. Where applicable, flat fees have been established for certain services where the average cost is subject to minimum fluctuation. These flat fees are as set forth in Exhibit A incorporated into this resolution. In addition, the City Council has heretofore established a development fee entitled the Platinum Triangle General Plan and Environmental Processing Fee (the APlatinum Triangle Fee @) for development projects within that certain area of the City described as the Platinum Triangle, the boundaries of which are as described in Section 18.20.020 of the Anaheim Municipal Code. Said Platinum Triangle Fee has heretofore been imposed upon development projects for which a development agreement is required under applicable provisions of Chapter 18.20 of the Anaheim Municipal Code. The purpose of said Platinum Triangle Fee is to defray the public expense of processing, adopting and legally defending certain amendments to the Anaheim General Plan, and necessary actions required pursuant to the California Environmental Quality Act, relating to the adoption and amendment of the Platinum Triangle Master Land Use Plan (the "Implementing Actions "). Said Platinum Triangle Fee is hereby adopted in the flat fee amount set forth in Exhibit B attached hereto and incorporated herein by this reference (hereinafter "Exhibit B "). The amount of said Platinum Triangle Fee as set forth in Exhibit B hereof does not exceed the direct and indirect costs and expenses incurred and to be incurred by the City of Anaheim in processing, adopting and legally defending said Implementing Actions. The flat fees set forth in Exhibit A and Exhibit B are collectively referred to in this resolution as the "Flat Fees." Any fees and charges incurred pursuant to this resolution shall be deemed a debt due and owing to the City of Anaheim by the applicant until paid in full. B. Fees Based on Hourly Charges. Where applicable, hourly charges shall be accumulated for processing of development project petitions and applications, and the applicant shall pay all such accumulated charges (less any deposits made pursuant to Section 2 below) prior to final action on the related project or as soon thereafter as such costs may be finally determined. The -2- payment of such costs may be a condition of approval for any such project. If payment is not received within fifteen (15) working days after the due date set forth in the replenishment request, all then - current processing activities related to the development project will be terminated until payment is received. In the event of such cessation of activity, all time limits provided for under state statutes for completion of development projects will be suspended for the duration thereof to the extent permitted by law. (i) Hourly charges for processing of development project petitions and applications shall be based on a direct cost of One Hundred Eighty -One Dollars and Ten Cents ($181.10) per hour. (ii) Project specific expenditures such as postage for mailing public notices, advertising, etc. have been excluded from the above hourly rate. Applicant shall be directly billed for these costs on a project by project basis. SECTION 2. DEPOSITS. A. Required Deposit. In cases where an hourly rate is being charged, as opposed to a flat fee, each applicant shall place on deposit with the City the sum specified in Exhibit A under the heading "Minimum Initial Deposit" for the applicable case type. Deposits have been estimated to represent the minimum amount required to process each case type. The costs of an individual case may be significantly more than the Minimum Initial Deposit amount. B. Credits Against Deposit. Hourly charges incurred in the processing of the development project will be credited against the Minimum Initial Deposit amount on hand until all processing of the development project by the City has been completed and all costs incurred have been paid. C. Additional Deposit(s) Required. If at any time, or from time to time, the accumulated charges credited against the Minimum Initial Deposit (or any prior Additional Deposit) result in the remaining deposit amount being reduced below the Minimum Balance amount for such case type as specified on Exhibit A under the heading "Minimum Balance," and, in the opinion of the Planning Director or his or her designee, the remaining deposit amount will be insufficient to cover the cost of the remaining charges likely to be incurred by the City in processing such development project petition or application, the Planning Director, or his or her designee, shall immediately notify the applicant of the additional amount required to be deposited by the applicant to continue the processing of such petition or application (the "Additional Deposit "). The amount of any such Additional Deposit shall not exceed an amount necessary to bring the amount on deposit (less credits for charges incurred) back up to the Minimum Initial Deposit amount. During the processing of any project, more than one Additional Deposit may be required. If the amount of any such Additional Deposit is not received by the City within fifteen (15) working days after the due date set forth in the replenishment request, all then - current development project processing activities will be terminated until payment is received. In the event of such cessation of activity, all time limits provided for under state statutes for completion of development projects will be suspended for the duration thereof to the extent permitted by law. -3- SECTION 3. FEE AND DEPOSIT REDUCTIONS. If an applicant believes that unusual circumstances exist which make the amount of any Flat Fee, Hourly Charge, Minimum Initial Deposit, Additional Deposit, or any other cost or charge imposed pursuant to this resolution (collectively referred to herein as the "scheduled fees ") inappropriate for the particular development project, the following procedure shall apply: A. The applicant shall request a modification of the scheduled fees for the project in writing to the Planning Director. (i) Any such request relating to any Flat Fee, Hourly Charge or Minimum Initial Deposit shall be filed with the Office of the Planning Director prior to filing of the petition or application to which such scheduled fee relates. A petition or application shall not be accepted for filing unless accompanied by the scheduled fee or the fee as adjusted pursuant to this Section 3. (ii) Any such request relating to any fee or charge not specified in subparagraph (i) above, including but not limited to any Additional Deposit, shall be filed with the Office of the Planning Director not later than seven (7) business days following the date said fee or charge is due hereunder. (iii) Any failure to file a timely request as required by this paragraph A shall be deemed a waiver of any objection to the scheduled fee. B. The applicant shall specify in the written request the unusual circumstances that make the scheduled fees inappropriate for the development project and include any substantiating documentation. C. Within seven (7) business days following the timely filing of any such written request, the Planning Director shall make written findings whether or not unusual circumstances exist which would make the scheduled fees inappropriate for the project. D. A scheduled fee shall be determined to be inappropriate for a project under this Section 3, and such scheduled fee shall be adjusted, only if it is determined by the Planning Director, at his or her sole discretion, that the amount of said scheduled fee exceeds the expected City cost of processing, or completing the processing of, the development project petition or application. With regard to any scheduled fee the amount of which is based upon Hourly Charges, any reduction in a Minimum Initial Deposit amount or Additional Deposit amount shall not affect the amount of the final fee due unless and except to the extent of any approved adjustment to the amount of the Hourly Charge otherwise set forth in Exhibit A. E. If the Planning Director, at his or her sole discretion, finds unusual circumstances do exist which make the scheduled fees inappropriate for the project, the Planning Director shall determine and establish the amount of the particular scheduled fee to be required based upon the expected City cost of processing, or completing the processing of, the development project -4- petition or application. The decision of the Planning Director in this regard shall be final and conclusive. SECTION 4. REFUNDS. If the amount on deposit exceeds all accumulated costs at the time of the final action on the subject petition or application, the excess deposit amount shall be refunded to the applicant. SECTION 5. APPEAL FEES Notwithstanding any other provision of this resolution to the contrary, any legally authorized appeal of any decision denying, approving, or otherwise concerning a development project shall be accompanied by the following Minimum Initial Deposit and such Additional Deposit(s) as may be required relating to such appeal, as follows: A. Minimum Initial Deposit. (i). Except as provided in subparagraphs 2 and 3 below, no appeal shall be accepted for filing by the City unless accompanied by the Minimum Initial Deposit for appeals in such amount as specified in Exhibit A of this resolution. All processing costs and hourly charges relating to such appeal shall be credited against said Minimum Initial Deposit made by the appellant until the amount of such Minimum Initial Deposit is exhausted. (ii). Notwithstanding subparagraph 1 above, no appeal shall be accepted for filing by the City from appellant who is the project applicant, or the representative thereof, unless accompanied by an amount equal to the difference between the amount of the Minimum Initial Deposit for appeals as specified in Exhibit A and the balance of the amount then on deposit with the City by the project applicant for the processing of such development project. (iii) Notwithstanding subparagraph 1 above, if the appeal is the result of a request for review by two or more members of the City Council pursuant to Section 18.60.130 of the Anaheim Municipal Code, no Minimum Initial Deposit on appeal shall be required. In such instances, the processing costs and hourly charges relating to such request for review shall be borne by the City up to the amount of the Minimum Initial Deposit otherwise required for appeals as specified in Exhibit A of this resolution. -5- B. Additional Deposit(s) Required: If at any time, or from time to time, the accumulated charges credited against the Minimum Initial Deposit for appeals (or any prior Additional Deposit) result in the remaining deposit amount being reduced below the Minimum Balance amount for appeals as specified in Exhibit A under the heading "Minimum Balance," and, in the opinion of the Planning Director or his or her designee, the remaining deposit amount will be insufficient to cover the cost of the remaining charges likely to be incurred by the City in processing such appeal, the Planning Director, or his or her designee, shall immediately notify the project applicant (who may or may not be the appellant) of the additional amount required to the deposited by the applicant to continue the processing of such appeal (the "Additional Deposit "). The amount of any such Additional Deposit shall not exceed an amount necessary to bring the amount on deposit (less credits for charges incurred) back up the Minimum Initial Deposit amount required for such appeal. During the processing of any appeal, more than one Additional Deposit may be required. If the amount of any such Additional Deposit is not received by the City within fifteen (15) working days after the replenishment request due date, all development project processing and appeal activities will be terminated until payment is received. In the event the project applicant fails to make the necessary Additional Deposit prior to the scheduled public hearing upon such appeal, the Planning Director, or his or her designee, shall report to the City Council (or the hearing officer or other body hearing such appeal) that the project applicant has failed to timely make the Additional Deposit required by this resolution. At the time set for the public hearing, the City Council shall either (i) find that the project applicant has failed to make the required Additional Deposit and deny the development project for such reason, or (ii) determine that the City Council then currently has sufficient information to act upon the appeal, and proceed with the public hearing, or (iii) continue the hearing (within permissible legal time limits) to allow the project applicant additional time to make the Additional Deposit. SECTION 6. OPERATIVE DATE. This resolution and the fees established herein shall become operative sixty (60) days following the date of adoption of this resolution and, on such operative date, shall supersede any previously adopted fees for the same permit, approval or service. The fees and charges established herein shall apply to any amounts which become due to the City for any petition or application which is deemed complete, or any service which is rendered, on or after the operative date of this resolution. To the extent this resolution contains fees and fee amounts identical to those certain fees and amounts heretofore adopted by City Council Resolution No. 2008 -113, this resolution shall be deemed a restatement of said adopted fees and amounts and not a new adoption to which a new operative date would apply. SECTION 7. That City Council Resolutions Nos. 85R -231, 86R -248, 87R -377, 2001R -126, 2006- 008 and 2009 -030, establishing certain fees and charges, be, and the same are hereby, rescinded in their entirety. -6- THE FOREGOING RESOLUTION was approved and adopted by the City Council of the City of Anaheim at a regular meeting of said City Council held on the 19th day of June , 2012, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM B MAYOR OF THE CITY OF ANAHEIM ATTES • fIIA I. l#i CIT CLERK OF THE CIT OF ANAHEIM 89631.v1 -7- Exhibit A Planning and Zoning Fees DEPOSITS AND HOURLY `CHARGE" Minimum Initial Minimum Case Type Fee Deposit Balance Notes Amendment to Conditions of $181.10 /hr $2,500 $600 Approval or Amendment to Zoning Action Annexation $181.10 /hr $7,600 $1,900 Appeal: $181.10 /hr *If applicant is appellant, only required if Appeal by project applicant $2,300* $600 original case balance is less than $2,300. Appeal by others $350 ** $600 * *For purposes of required Additional Deposits by applicant only, Minimum Initial Deposit amount shall be deemed to be $2,300. Applicant shall be responsible for all appeal fees other than original $350 payment by non - applicant appellant. Code Amendment and Specific $181.10 /hr as determined by 25% of Plan Adjustment Planning Director initial deposit Conditional Use Permit $181.10 /hr $10,000 $2,500 Conditional Use Permit - Church $181.10 /hr $5,000 $1,200 Conditional Use Permit - Minor $181.10 /hr $5,000 $1,200 Categorical exemptions, single family residential lot, and Zoning Administrator cases. Development Agreement $181.10 /hr $6,000 $1,500 Development Agreement - $181.10 /hr $2,300 $600 Amendment Development Agreement - $181.10 /hr $1,000 $500 Annual Review Environmental Impact Report $181.10 /hr $30,000 $3,000 Final Site Plan Review $181.10 /hr $4,000 $1,000 General Plan Amendment $181.10 /hr $12,000 $3,000 Multiple- family Affordable Housing $181.10 /hr $1,300 $400 Project Administrative Review Prefile $181.10 /hr $3,000 $600 Prefile- Single - family Residential $181.10 /hr $800 $400 Use Public Convenience orNecessity $181.10 /hr $10,000 $2,500 Determination Public Convenience orNecessity $181.10 /hr $5,000 $1,200 Determination - Conversion of Beer & Wine to Alcohol Reclassification $181.10 /hr $10,000 $2,500 Reclassification Single- family $181.10 /hr $5,000 $1,200 Residential Use Recycling Permit $181.10 /hr $700 $400 Reinstatement $181.10 /hr $2,500 $600 Second Dwelling Unit Review $181.10 /hr $1,200 $300 Sex - oriented Business Permit $181.10 /hr $4,525 $1,000 Specific Plan $181.10 /hr $12,700 $3,000 Specific Plan Amendment $181.10 /hr $12,700 $3,000 Specific Plan Amendment - Minor $181.10 /hr $4,700 $1,100 Specimen Tree Removal Permit $181.10 /hr $1,200 $300 Substantial Conformance Review $181.10 /hr $2,500 $600 by Planning Commission/Zoning Administrator Tentative Parcel Map $181.10 /hr $5,700 $1,500 Tentative Tract Map $181.10 /hr $10,700 $2,700 Time Extension to Comply with $181.10 /hr $1,500 $400 Conditions of Approval Page 1 of 3 Exhibit A Planning and Zoning Fees RGES Minimum Initial Minimum Case Type Fee Deposit Balance Notes Time Extension to comply with $181.10 /hr $1,100 $300 Conditions of Approval - Single-family Residential Use Variance $181.10 /hr $10,000 $2,500 Variance - Minor $181.10 /hr $5,000 $1,200 Categorical exemptions, single family residential lot, Zoning Administrator cases & parking waivers. Zoning Plan Check (Major/New $181.10 /hr $1,267 $400 Submitted through Building Plan Check, not Construction) - Commercial, associated with Zoning entitlement and not Industrial, Multiple - family, single family residential lot. Institutional) Zoning Plan Check - Single Family $181.10 /hr $800 $400 Submitted through Building Plan Check, not Residential (incl. patio covers) associated with Zoning entitlement. Zoning Verification Letter $181.10 /hr None None Fee is collected after work is completed. Cases not listed $181.10 /hr as determined by 25% of Planning Director initial deposit NOTE: • Additional $5,000 deposit required for cases accompanied by Mitigated Negative Declaration. • Additional deposit required equal to 10% of each secondary case, if multiple cases accompany initial case. Page 2 of 3 Exhibit A Planning and Zoning Fees FLAT a Case Type Fee Administrative Adjustment $814 Entertainment Permit $272 Large Family Day Care Facility Permit $226 Legal Non - conforming Use Expansion Review $543 Massage Operator's Permit $272 Shared Parking Permit $814 Smoking Lounge Permit $1,811 Special Circumstance Waiver $905 Special Event Permit - Flags & Banners $90 Special Event Permit - Outdoor Activity $272 Special Event Permit - Post Inspection Fee for Carnivals, $195 Circuses, Tree Lots and Pumpkin Patches Specimen Tree Removal Permit (over the counter) $90 Telecommunications /Communication Node $724 Administrative Review Zoning Plan Check (Minor/Tenant Improvements) - $362 Commercial, Industrial, Multiple - Family Residential, Institutional Zoning Plan Check (over the counter) - Commercial, Industrial, $181 Multiple- Family Residential, Institutional, Signs Zoning Plan Check - (single- family residential lot not $272 associated with Zoning Entitlement) Zoning Plan Check (over the counter) - Single Family accessory $45 structures /equipment Zoning Verification Letter $272 MISCELLOUS FEES Description Fee Audio Tapes of Planning Commission & Zoning $25.00 per tape Administrator meetings Documents copied to disk $10.00 per disk General Plan Document $105.00 each Certification of Copies $2.50 per page Copies (81/2 x 11 and 81/2 x 14) $0.10 per page Copies (11 x 17) $0.25 per page Copies from microfiche $1.00 per page Copies from imaging system $1.00 per page Copies from compact disk $1.00 per page Postage or delivery charges At postage or delivery service cost Retrieval of Records from off -site storage Regular service $14.00 per box Rush Service $ actual cost borne Notary Fee $10.00 per signature 81/2 x 11 color maps printed from screen $4.00 per page 8'/2 x 11 black & white maps printed from screen $2.00 per page Page 3 of 3 Exhibit B General Plan and Environmental Processing Fees ) na Residential Uses: $29.76 per unit Non - residential Uses: $0.0372 per sq. ft. These fees are intended to recover the costs associated with developing zoning for The Platinum Triangle, including costs incurred in the preparation of the following documents: • The Platinum Triangle Master Land Use Plan, the Platinum Triangle Mixed Use Overlay and associated environmental documentation (approved by the City Council in August, 2004); • Subsequent Environmental Impact Report (SEIR) No. 332, the environmental documentation for activities implementing The Platinum Triangle Master Land Use Plan (certified by the City Council on October 25, 2005); and • Subsequent Environmental Impact Report (SEIR) No. 334 and an Amendment to The Platinum Triangle Master Land Use Plan to increase the intensity of commercial, residential, office and institutional land uses in The Platinum Triangle (approved by the City Council on April 8, 2008). The fees are based upon the following calculations: The Platinum Triangle Documents Fee $146,000 Contract Costs: $146,000 SEIR No. 332 Fee $299,771 Contract Costs: $164,730.00 Planning Depth talent Costs $135,040.55 SEIR No. 334 Fee $804,342 Contract Costs: $241,293.00 Planning Department Costs: $321,724.00 Public Works Department Costs: $ 41,325.00 Legal Costs: $200,000.00 $804,342.00 Deduct Fees Paid through June, 2008 - $12,866 TOTAL COSTS $1,237,247 20,111,494 sq. ft. of non - residential 13,154,400 sq. ft. of residential use (16,443 residential units x 800 sq. ft average unit size) 33,265,894 sq. ft. total (non- residential and residential) $1,237,247 total costs/33,265,894 sq. ft. = $0.0372 per sq. ft. Residential Fee: 13,154,400 sq. ft. x $0.0372 per sq. ft. = $489,343/16,443 DU = $29.76 DU Non - Residential Fee: $0.0372 per sq. ft.