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RES-2008-116RESOLUTION NO. 2008- 116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING NEW FEE SCHEDULES FOR THE PUBLIC WORKS DEPARTMENT OF THE CITY OF ANAHEIM. WHEREAS, the Anaheim Municipal Code and the provisions of state law authorize the City Council of the City of Anaheim "City Council to establish fees and rates of charges for the purpose of defraying the costs and expenses to the City of Anaheim (the "City of permits, map filing, map checking, inspection, sewer assessment and impact, transportation impact and improvement, storm drain impact, and other services and activities relating to the Anaheim Public Works Department (the "Department and WHEREAS, said costs and expenses include labor costs incurred by City staff and its consultants in reviewing, analyzing and processing of permit applications and providing services and other direct and indirect costs incurred by the City relating thereto (the "Public Works Fees and WHEREAS, the City Council has heretofore established fees and rates of charges for such purposes pursuant to authorization of the Anaheim Municipal Code, including prior fees which have been approved by resolution and /or identified in development agreements for the Platinum Triangle, to fund supplemental improvements in the Platinum Triangle (an approximately 820 -acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right -of -way on the north, hereinafter "The Platinum Triangle 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 applications and providing said services, as calculated and provided in cost of service studies (the "Cost Studies it is in the public interest and general welfare to amend said Public Works Fees in the manner hereinafter set forth; and WHEREAS, the City has been working with developers in the Platinum Triangle Area to form a community facilities district being proposed to finance various infrastructure improvements; and WHEREAS, the proposed improvements are mitigation measures required to support the increased density in the Platinum Triangle; and WHEREAS, an adjustment in fees is necessary to insure adequate fees are collected for development in the Platinum Triangle which may occur prior to the formation of the community facilities district; and WHEREAS, the improvements to be funded by the Supplemental Fees for the Platinum Triangle (the "Supplemental Fees are identified in the Platinum Triangle Implementation Plan (the "Implementation Plan which Implementation Plan is on file and available in the Public Works Department; and WHEREAS, the Implementation Plan and Cost Studies are hereinafter referred to as "Fee Studies;" and WHEREAS, the Public Works Fees and Supplemental Fees are together hereinafter referred to as the "Fees and WHEREAS, said Fees as hereinafter set forth have been considered at a duly noticed public meeting or hearing as required by law; and WHEREAS, a copy of this resolution was made available for public inspection and review fourteen (14) days prior to the public hearing; and WHEREAS, the City Council finds that said Fees, in the amount 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 providing said services; and WHEREAS, the City Council, after due consideration of all evidence, testimony and reports offered at the public hearing does find as follows with respect to the Fees: A. The purpose of establishing the Fees is to finance improvements and additions to facilities and infrastructure to support an increase in demand on the facilities, services and infrastructure made necessary by new development and expansion of and additions to existing development within the City. B. The Fees collected pursuant to this resolution shall be used to finance only the additional and improved facilities, services and infrastructure set forth in the attached Fee Schedule, attached hereto as Exhibit "A which additional facilities, services and infrastructure are needed to augment existing facilities and infrastructure serving the City, and to offset the impacts of new development and expansion of and additions to existing development within the City. Said additional and improved facilities, services and infrastructure shall be collectively referred to as the "Improved Facilities." C. The facts and evidence presented establish that there is a reasonable relationship between the need for the Improved Facilities and the impacts of the types of development, for which the corresponding Fees are charged and also that there is a reasonable relationship between the use of the Fees and the type of development for which the Fees are charged in that the "Improved Facilities" accommodate the additional demand generated by development, as is described further and in more detail in the Fee Studies. D. The cost estimates set forth in the Fee Studies are reasonable estimates of the cost of providing the Improved Facilities and the Fees to be generated by the construction of new residential, commercial, entertainment, amusement, and industrial developments and expansions and additions to such existing development will not exceed the total of these costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM AS FOLLOWS: Section 1. SERVICE FEES, PERMIT FEES AND IMPACT FEES A. Adoption of Schedules. The Fees to be charged and collected by the Public Works Department of the City of Anaheim shall be as set forth in Exhibit "A which is attached hereto and incorporated herein by reference. B. Incorporation of Exhibit. Exhibit "A inclusive, referred to and adopted pursuant to paragraph A of this Section 1 is hereby incorporated herein by this reference as if set forth in full. The fees and rates set forth in the Exhibit are based on full processing costs, which are defined as the direct cost required to receive, review, check, analyze, and take action upon applications, and provide inspection, re- inspection and other services, plus applicable overhead costs as determined pursuant to the Fee Studies, which are on file in the Department of Public Works. All costs for consultant services, inclusive of any applicable in -house administrative costs, for services which cannot be completely processed in -house shall be borne by the applicant. 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. C. 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 the respective Exhibits incorporated into this resolution. D. Fees Based on Hourly Charges. Where applicable, hourly charges shall be accumulated for processing of the regulated activities, and the applicant shall pay all such accumulated charges (less any deposits made pursuant to Section 2 below) prior to final action on the permit or project, or as soon thereafter as such costs may be finally determined. The payment of such costs may be made a condition of approval for any such permit or final project approval. If payment is not received within fifteen (15) working days after the invoice due date, all processing activities related to the regulated activities will be suspended until payment is received. Section 2. SERVICE FEE DEPOSITS A. Required Deposits. 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 "Service Fee Deposits" for the applicable project. Deposits have been estimated to represent the minimum amount required to process each project. The costs of an individual project 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 charged credited against the Minimum Initial Deposit (or any prior Additional Deposit) result in the remaining deposit amount being reduced below twenty -five percent (25 of the Minimum Initial Deposit, and in the opinion of the Project Manager, 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 Department of Public Works shall immediately notify the applicant of the additional amount required to be deposited by the applicant to continue the processing of such project (the "Additional Deposit The amount of any such Additional Deposit shall be sufficient to increase the balance to fifty percent (50 of the Minimum Initial Deposit. 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 suspended 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. D. Refunds. If the amount on the deposit exceeds all accumulated costs at the time of the final action on the subject application and/or project services, the excess deposit amount shall be refunded to the applicant. Section 3. SUPPLEMENTAL FEES- PLATINUM TRIANGLE PROJECT AREA A. In addition to the Public Works Fees set forth in Sections 1 and 2 above, additional fees for traffic impact, storm drain impact, sewer impact and arterial highway beautification (the "Supplemental Fees shall be charged for new and expanded development within the Platinum Triangle Mixed Use Overlay Zone (the "PTMU Overlay Zone at the rates shown on the Fee Schedule, attached hereto as Exhibit "A" and incorporated herein by reference. The purpose of establishing the Supplemental Fees is to finance the Improved Facilities to support an increase in demand on the Improved Facilities made necessary by new development and expansion of and additions to existing development within the City, and in particular the Platinum Triangle. B. The Supplemental Fees shall be solely used to finance those Improved Facilities as they relate to traffic improvements, storm drain improvements, sewer improvements and arterial highway improvements within the PTMU Overlay Zone as described in the Platinum Triangle Implementation Plan and as set forth in the Fee Schedule, attached hereto as Exhibit "A which Improved Facilities are needed to augment existing facilities and infrastructure serving the City, and to offset the impacts of new development and expansion of and additions to existing development within the City, and in particular the Platinum Triangle. BE IT FURTHER RESOLVED as follows: 1. The Fees set forth in Exhibit A, attached hereto and incorporated by this reference herein, shall be, and are hereby, adopted. 2. The Fees established herein shall become effective sixty (60) days following the date of adoption of this Resolution. 3. The Fees established herein shall, upon becoming effective, supersede any fees previously adopted for the same purposes. 4. The City Council hereby declares that should any one or more of the fees established by this Resolution or any portion of this Resolution be declared for any reason to be invalid, it is in the intent of the City Council that it would have adopted all other fees and portion of this Resolution independent of the elimination therefrom of any such fee or such portion as may be declared invalid. 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: vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: CITY C ERK OF THE CITY OF ANAHEIM 69072.1/bmorley MAYOR OF THE CIT F AHEIM Department of Public Works FY 2008/09 Proposed Fee Deposit Schedule I. SERVICE FEES A. Traffic/Parking Studies B. Detour Plans/Traffic Control C. Plan Checking: D. Construction Inspection 1 Regular 2 Overtime E. T.V. Sewer Inspection (2 hrs. minimum) F. Sewer/Hydrology Studies G. Right-of-Way Sketches H. Specific Plan/E.I.R. Reviews I. Misc. Technical Reviews J. Real Property Services K. Contract Administration L. Consultant Services M. Sidewalk Waiver N. Final Map Documents 0. Plans and Specifications P. Appeal Mailing Fee Q. Clerical $59 /hr 2 PERMIT FEES A. Right-of-Way Construction: 1 Public Agencies/Public Utility 2 Public Utility Annual Blanket Permit 3 Single Family (residential) 4 Commercial/Industrial $223 B. Grading: 1 Flatland 2 Hillside C. Transportation* 1 Annual Permit $90 ea. 2 Single Trip *as authorized by Caltrans and the CA Vehicle Code. D. Permit Time Extension 3 SERVICE FEE DEPOSITS A. Traffic Studies 1 Less than 100 Peak Trips $1,050 2 100-250 Peak Trips 3 Over 250 Peak Trips B. Traffic Signal (plan check inspection) C. Design Studies: 1 Sewer/Hydrology Proposed Rates Deposits FY08/09 Rate Ran $105 $128 /hr. $105 $128 /hr. $105 $128 /hr. $97 $134 /hr. $145 $160 /hr. $97 $134 /hr. $116 $128 /hr. $105 $128 /hr. $105 $128 /hr. $105 $102 $128 /hr. $132 /hr. $108 $31 /hr. At Contract Rate $266 ea $31 /sheet Actual Cost $20.25 $150 ea $464 $62 $127 $149 $16 ea. 50% of the original permit fee Minimum Initial Deposit $3,200 $4,300 $3,750 $1,000 Department of Public Works FY 2008/09 Proposed Fee Deposit Schedule Proposed Rates DepmsitsFY08/09 2 Right-of-Way Sketches $200 3 Specific Plan Reviews $500 4 Misc Technical Reviews $1.000 5 Sewer Studies/Reviews a. Minor $3,200 b. Major $5.350 D. PlamCheokno8nopecUon 1Tracts 8in Single Multi-Family 2 Parcel Maps (map only) 3 Lot Line Adjustment 4 Improvement Plans a. Street/Storm Drain 5 Minor Gradi (no building pad) 6 Flatland Gradin9 Plan: 7 Hillside Grading Plan: n: a. Less than 100 cy b. 100-10,000 cy d. 100.001'1 oy e. Over 1,000,000 cy 8 Reversion to Acreage 9 Certificate of Compliance I. Permit Inspection excavation deposits) 9 Sewer Laterals 11 Gnoundwob*r|nobaUiDeotruction *F 110 and 11 (Monitoring requires a 4-hr. min. deposit atthe regular construction inspection rate. (Installation/destruction requires a 3-hr. min. deposit.) 13 Lane Closure 2 $750 /lot $300 /unit $3,100 $1,300 Minimum Deposit $3.000 b. Sewer $11 /If Minimum Deposit $3,000 $400 $3,600 $1,500 $4,800 c. 10,001 100,000 cy $7,700 $12,100 $16,500 $1,200 $10 /If $900 10 Certificate of Correction $800 E. Deed Preparation/Processing $400 F. Abandonment $1,450 G. Encroachment $1.100 H. NPDES Water Quality Mgmt Plans $1,100 1 3inokyFomily'd $100 min. 2 Single Family-sidewalk $O 3 Commercial-driveway approach $400 min. 4 Commercial-sidewalk $350 min. 5 Industrial-driveway approach $400 min. 6 Industrial-sidewalk $350 min. 7 Misc. Commercial/Industrial $700 min. 8 Water/Electrical Service $700 min. 10 Groundwater Monitorin9 (annual) n450 ea. $300 ea. 12 Telecommunications Master PIan s3.800 $700 min. 1 Where plans are ncomplete or changed so as to require additional plan checking, an additional plan check fee may be required, In accordance with Resolution z000- Additional Deposit(s) may be required when a Depositors Trust Fund account balance drops below 25% of the Minimum Initial Deposit. The amount of Additional Deposit(s) shall be sufficient to increase the balance to 50% of the Minimum Initial Deposit. Department of Public Works FY 2008/09 Proposed Fee Deposit Schedule 4 IMPACT FEES A. Transportation Impact and Improvement Fees: 2 Multi Family $1.043 /unit 3 Hotel/Motel Room $1,185 /unit 4 Office 5 $4.42 /9sf 6 Industrial 7 Peak Hour Trip End B. Sewer Connection Fee ($250 min.) s350 /acre C. Sewer Impac Fees (Wes Anaheim) 1 Single Family (per unit) 2 Multi-Family (per unit) 3 Corridor Residential (per unit) 4 Mobile Home (per unit) 5 Hotel/Motel (per unit) 6 Mixed Use Residential (per unit) 7 Mixed Use Non-Residential 8 Commercial (per 1,000 sf of 9fa) 9 Industrial (per 1.000 sf of 9fa) 1O Institutional (per 1.00Oofofofa) 11 Quasi Public/Recreational D. Sewer Impact Fees (East Anaheim) 18ir9leFamily (per unit) Estate 2 Multi-Family (per unit) Low-medium 3 Mobile Home (per unit) 4 HoteIiMote (per unit) 5 Commercial (per 1,000 sf) 6 Industrial (per 1,000 sf) 7 Institutional (per 1,000 E. Sewer Impact Fees (Central Anaheim) 1 Sin9le Family (per unit) 2 Multi-Family (per unit) 8 Commercial (per 1,000 sf of 9fa 3 Zone A Zone B Proposed Rates 0epomitsFY08/09 $1,632 /unit $1.14 $1,033 /trip Zone C Zone D $1,063 $1,787 $1,287 $286 $1,063 $1,787 $1,287 $286 $1,063 $1,787 $1.287 $286 $1,063 $1,787 $1,287 $286 $357 $601 $432 $96 $1,063 $1,787 $1,287 $286 $494 $831 $599 $132 $494 $831 $599 $132 $346 $582 $419 $93 $297 $499 $359 $81 Zone A Zone B Zone C Zone D $633 $885 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Zone A Zone B Zone C Zone D $1,713 $1,784 $1.797 51.498 51.713 51.784 3 Corridor Residentia (per unit) $1.797 $1.498 $1,713 $1,784 4K8obi|eHome(perund) $678 $565 $647 $674 5 Hotel/Motel (per unit) %508 $424 $484 $505 6 Mixed Use Residential (per unit) s1.035 $863 $986 $1.028 7 Mixed Use Non-Residential $705 $587 s672 $700 9 Industrial (per 1,000 sf of $493 $411 $470 $493 10 Institutional 1000afof9fa) $422 s353 $403 $420 11 C>ueoiPub|ic/Reoveodiona/ $40 $33 $38 $40 Department of Public Works FY 2008/09 Proposed Fee Deposit Schedule Proposed Rates Deposits FY08/09 F. Storm Dram Impact Fees (Anaheim Resort Area South Central An h hn: 1 Single Family $15,344 /net acre 2 Multiple Family $19,539 /net acre 3 Mobile Home $22,366 /net acre 4 Hotel/Motel, Commercial/Recreational Industrial $37.961 /net acre G. Storm Dram Impact Fees (Drainage District 27; not applicable to Platinum Tria le Mixed Use Ovelay Zone): 1 Single Family $22.999 /net acre 2 Multiple Family $28.276 /net acre 3 Mobile Home $33,539 /net acre 4 Hotel/Motel, Commercial/Recreational Industrial $41.924 /net acre H. Sewer Assessment Areas: 1 Mohler Drive $1.599 /acre+lateral 2 Martel la Lane $5.559 /acre+|atara| 3Wi|kjan P1. $5,559 /acre+latend 4 Silver Dollar Lane $13,086 /acre+lateral 5 Eucalyptus Drive (East) $16,901 /acre+lateral 6 Eucalyptus Drive (West) s16.901 /aure+latena| 7 Timken Canyon $13,442 /acre+lateral 8 Timken Road *8.001 /aon*+Iatem| 9Parolte Hills Drive $924 /aoe+|utera| 10 Arboretum Roa $858 /acre+|atera| 11 Country Hill Road $2,483 /acre+lateral 12 Via Vista $11,633 /acre+lateral 13 Freeway Park $568 /lot 14 Kathryn-Lindsay Annexation: 2 Monte Vista 3 Lakeview Avenue 4 Clementine Street -Bircher-Hilbers-Lindsay $682 /lot -Brookhurst $756 /lot -Kathryn-Rancho-Wdly $756 /lot 15 Linbrook Park $534 /lot 16 UnoonAve.'VVaabann St. $1,537 /lot 17 Lindsay St. (Prior to Annexation I. Storm Drain Assessment Areas: (Formerly authorized by 77R-601) (Formerly authorized uy77m-6o1) (Formerly authorized by 78n-726 (Formerly authorized by 78R-726) $565 /lot 18 La Cresta Avenue $798 /acre 19 Monroe Avenue $580 /lot 20 Polk-Tyler-Coolidge $480 /lot 21 Thornton-Brady $377 /lot 22 Savana Street $634 /acre+lateral 23 Clementine St.-Elm St. $20,993 /acre 24 Coffman St -Cypress St. s10.368 /acre 1 Anaheim Canyon Industrial $2,000 /acre $3,552 /acre $2,436 /acre $1,200 /acre Department of Public Works FY 2008/09 Proposed Fee Deposit Schedule A. Traffic Impact Fees 6 COPY FEES 5 Savana Street (Formerly authorized by 87R-197) 6 Howell Avenue-Sunclair Street $3,262 /acre (Formerly authorized by 87R-198) 7 Weir Canyon $6,751 /acre (Formerly authorized by 87R-509) 8 Orangewood Avenue $2,563 /acre (Formerly authorized by 89R-226) 9 Orangefair Lane-Commercial Street $9,230 /acre (Formerly authorized by 89R-292) 10 Rivera M. H. Park/Fujishige Prop $6,347 /acre (Formerly authorized by 90R-65) 11 Lemon $7,150 /acre (Formerly authorized by 93R-149) 5 SUPPLEMENTAL FEES- PLATINUM TRIANGLE PROJECT AREA 1 Condominium $2,977.46 /du 2 Apartment $4,033.21 /du 3 Office $9.60 /gsf 4 Commercial $40.50 /gsf 5 Industrial $2.74 /gsf B. Storm Drain Impact Fees' 1 Single Family $89,158.82 /net acre 2 Multiple Family $89,158.82 /net acre 3 Mobile Home $89,158.82 /net acre 4 Hotel/ Motel, Commercial, Recreational, and Industrial $89,158.82 /net acre 1) Applicable to Platinum Triangle Mixed Use Overlay Zone C. Sewer Impact Fees 1 All Land Uses $515 /1,000 gsf 2) Gross floor building area development greater than 0.4 floor area ratio D. Arterial Highway Beautification Fees 1 All Land Uses $14,973 /gross acre A. Copies (8 1/2" x 11") and (8 1/2" x 14") B. Prints from Laser Fiche (8 1/2" x 11") and (11" x 17") C. Copies (11" x 17") D. Copies (18" x 24") and (24" x 36") Proposed Rates Deposits FY08/09 $3,575 /acre $0.10 /page $0.75 /page $0.25 /page $2 /sheet E. Prints from Laser Fiche (18" x 24") and (24" x 36") $2 /sheet F. Standard Detail Book $15 ea. G. Santiago Landslide (Executive Summary) $11 ea. Department of Public Works FY 2008/09 Proposed Fee Deposit Schedule Key: cy =cubic yard ea. =each gsf =gross square foot hr. =hour If linear foot min. minimum sf square foot acre lat acre lateral du dwelling unit 6 Proposed Rates Deposits FY08 /09