RES-2008-113RESOLUTION NO. 2008-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
ADOPTING NEW 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 in
accordance with the requirements of state law; and
WHEREAS, due to increases in labor and materials costs, and the desire to
impose fees and rates which more fully recover the actual costs incurred by the City in
processing said petitions and applications, it is in the public interest and general welfare
to amend 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 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.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ANAHEIM AS FOLLOWS:
SECTION 1. PROCESSING FEES AND RAZES.
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 "Platinum. 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.
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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 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
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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.
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
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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 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.
1. 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.
2. 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.
3. 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
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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.
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.2007 -117, 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.
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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 24th
day of June 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY CLERK OF THE CITY OF ANAHEIM
54012.8
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CITY O NAHEIM
MAYOR OF THE CI O NAHELM
Administrative Adjustment
$181.10 /hr
$900
$500
1
Amendment to Conditions of
Approval or Amendment to Zoning
Action
$181.10 /hr
$2,500
$600
Annexation
$18L10 /hr
$7,600
$1,900
Appeal:
Appeal by project applicant
Appeal by others
$181.10 /hr
$2,300*
$350
$600
$600
*If applicant is appellant, only required if
original case balance is less than $2,300.
*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
Plan Adjustment
$181.10 /hr
$181.10 /hr
as determined by
Planning Director
$10,000
25% of
initial deposit
$2,500
Conditional Use Permit
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
I $1,500
Development Agreement-
Amendment
$181.10 /hr
$2,300
$600
Development Agreement
Annual Review
$181.10 /hr
$1,000
$500
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
Legal Non conforming Use
Expansion Review
$181.10 /hr
$700
$400
Multiple family Affordable Housing
Project Administrative Review
$181.10 /hr
$1,300
$400
Prefile
$181.10 /hr
$3,000
$600
Prefile Single family Residential
Use
$181.10 /hr
$800
$400
Public Convenience or Necessity
Determination
$181.10 /hr
$10,000 J
$2,500
Public Convenience or Necesty
Determination Conversion of Beer
Wine to Alcohol
$181.10 /hr
$5,000
$1,200
Reclassification
$181.10 /hr
$10,000
$2,500
Reclassification Single family
Residential Use
$181.10 /hr
$5,000
$1,200
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
$3,900
$1,000
Special. Circumstance Waiver i
$181.10 /hr
$1,000
$300
Specific Plan
$181.10 /hr
$12,700
$3,000
Specific Plan Amendment
$181.10 /hr
$12,700
$3,000
Specific Plan Amendment Maser
$181.10 /hr
$4,700
$1,100
Specimen Tree Removal Permit
$181.10 /hr
$1,200
$300
Substantial Conformance Review
by Planning Commission/Zaning
Administrator
$181.10 /hr
$2,500
$600
DEPOSITS AND
Case Type
Fee
Exhibit A
Planning and Zoning Fees
Minimum Initial Minimum
,Deposit, Balance
Notes
Page 1 of 3
Telecommunications
Communication Node
Administrative Review
$181.10 /hr
$700
$400
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
Conditions of Approval
$181.10 /hr
$1,500
$400
Time Extension to comply with
Conditions of Approval
Single-family Residential Use
$181.10 /hr
$1,100
$300
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.
Submitted through Building Plan Check, not
associated with Zoning entitlement and not
single family residential lot.
Zoning Plan Check- Non
Residential (commercial,
industrial, multiple family,
institutional)
$181.10 /hr
$1,300
$400
Zoning Plan Check Signs
$181.10 /hr
$400
N/A
Any additional funds beyond minimum initial
deposit are collected at the time of planning
approval.
Zoning Plan Check Single Family
Residential (incl. patio covers)
$181.10 /hr
$800
$400
Submitted through Building Plan Check, not
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
Planning Director
25% of
initial deposit
DEP.
Case Type
Fee
Exhibit A
Planning and Zoning Fees
HAR
Minimum Initial
Deposit
Page 2 of 3
Minimum
Balance
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.
Notes
FLAT
Case Type
Home Occupation Registration
Large Family Day Care Facility Permit
Special Event Permit Flags Banners
Special Event Permit Outdoor Activity
Exhibit A
Planning and Zoning Fees
Specimen. Tree Removal Permit (over the counter) $91
Zoning Plan Check (over the counter not associated with $181
Zoning Entitlement)
Zoning Plan Check (single family residential lot not
associated with Zoning Entitlement)
Zoning Verification Letter Single Family
LAQUSEbS.
MIS
Description
Audio Tapes of Planning Commission Zoning
Administrator meetings
Documents copied to disk
General Plan Document
Certification of Copies
Copies (8'h x 11 and 81 x 14)
Copies (11 x 17)
Copies from microfiche
Copies from imaging system
Copies from compact disk
Postage or delivery charges
Retrieval of Records from off -site storage
Regular service
Rush Service
Notary Fee
81 x 11 color maps printed from screen
81/2 x 11 black white maps printed from screen
Page 3 of 3
Fee
$45
$226
$91
$272
$136
$272
Fee
$25.00 per tape
$10.00 per disk
$105.00 each
$2.50 per page
$0.10 per page
$0.25 per page
$1.00 per page
$1.00 per page
$1.00 per page
At postage or delivery
service cost
$14.00 per box
actual cost borne
$10.00 per signature
$4.00 per page
$2.00 per page
Exhibit B
General Plan and Environmental Processing Fees
SEIR No. 334 Fee
$29.76 per unit
Non residential Uses: $0.0372 per sq. ft.
Residential Uses:
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
Contract Costs: $146,000
SEIR No. 332 Fee
Contract Costs:
Planning Department Costs
Deduct Fees Paid through June, 2008
TOTAL COSTS
$164,730.00
$135,040.55
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
$1,237,247 total costs/33,265,894 sq. ft. $0.0372 per sq. ft.
$146,000
$299,771
$804,342
$12,866
$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)
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.