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2004-134RESOLUTION NO. 2004R-134 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 petitionsand 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. 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 arc 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, 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. 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 seven (7) working days after the invoice due date, all processing activities related to the development project will be terminated until payment is received. (i) Hourly charges for processing of development project petitions and applications shall be based on a direct cost of One Hundred Twenty-seven Dollars and forty-four cents ($127.44) 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 fec, 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 seven (7) working days after the invoice due date, all development project processing activities will be terminated until payment is received. 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 Gffice 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 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. 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. 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 15th day of June ,2004, by the following roll call vote: HOURLY CHARGES Case ~'ype Administrative Adjustment Amendment to Conditions of Approval or Amendment to Zoning Action Annexation Appeal Code Amendment and Specific Plan Adjustment Conditional Use Permit Conditional Use Permit - Minor Development Agreement Development Agreement Amendment Development Agreement Annuat Review Environmental Impact Report Exhibit A Planning and Zoning Fees Fee Minimum Initial Minimum Deposit Balance $127.44/hr $900 $500 $127.44/hr $2,500 $600 $127.44/hr $7,600 $1,900 $127.44/h r $2,300 $600 $127.44/hr as determined by Planning Director 25% of initial deposit $127.44/hr $10,000 $2,500 $127.44/h r $5,000 $1,200 $127.44/hr $6,000 $1,500 $127.44/hr $2,300 $600 $127.44/h r $1,000 $500 $127.44/hr $30,000 $3,000 Notes Only required if original case balance is less than $2,300 Categorical exemptions, single family residential lot, and Zoning Administrator cases Deposit includes cost for staff time and consultant EIR peer review or actual contract cost plus staff processing time for EIR's prepared under City contract. Final Site Plan Review General Plan Amendment Legal Non-conforming Use Expansion Review Multiple-family Affordable Housing Project Administrative Review Preflle Prefile-Single-family Residential Lot Public Convenience or Necessity Determination Public Convenience or Necessity Determination - Conversion of Beer & Wine to Alcohol $127.44/h r $4,000 $1,000 $127.44/hr $12,000 $3,000 $127.44/hr $700 $400 $127.44/hr $1,300 $400 $127.44/hr $1,800 $500 $127.44/hr $800 $400 $127.44/h r $10,000 $2,500 $127.44/h r $5,000 $1,200 docs/zonina/p&zfees.xls.xls 4~30~2004 Page 1 Reclassification Reclassification Single-family Residential Lot Reinstatement Second Dwelling Unit Review Sex-oriented Business Permit Special Circumstance Waiver Specific Plan Specific Plan Amendment Specific Plan Amendment - Minor Specimen Tree Removal Permit Substantial Conformance Review by Planning Commission/Zoning Administrator Fee Exhibit A Planning and Zoning Fees Minimum Initial Minimum Deposit Balance $127.44/hr $10,000 $2,500 $127.44/h r $5,000 $1,200 $127.44/hr $1,800 $500 $127.44/hr $2,300 $600 $127.44/hr $3,900 .$1,000 $127.44/hr $700 $400 $127.44/hr $12,700 $3,000 $127.44/hr $12,700 $3,000 $127.44/hr $4,700 $1,100 $127.44/h r $4,600 $1,100 $127.44/h r $2,500 $600 Notes Telecommunications/ Communication Node Administrative Review Tentative Parcel Map Tentative Parcel Map - Air Space Only Tentative Tract Map Tentative Tract Map ~ Air Space Only Time Extension to Comply with Conditions of Approval Time Extension to comply with Conditions of Approval Single- family Residential Lot Variance Variance - Minor $127.44/h r $1,200 $300 $127.44/h r $5,700 $1,500 $127.44/hr $3,200 $800 $127.44/hr $10,700 $2,700 $127.44/h r $4,800 $1,200 $127.44/h r $1,500 $400 $127.44/h r $1,100 $300 $127.44/hr $10,000 $2,500 $127.44/hr $5,000 $1,200 Categorical exemptions, single family residential lot, Zoning Administrator cases & parking waivers docs/zoning/p&zfees.xls.xls 4/30/2004 Page 2 Zoning Plan Check (Submitted through Building Plan Check, not associated with Zoning entitlement and not single family residential lot) Exhibit A Planning and Zoning Fees Fee Minimum Initial Minimum Deposit Balance $127.44/hr $1,300 $400 Notes Cases not listed $127.44/hr as determined by 25% of initial Planning Director 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. docs/zoning/p&zfees.xls.xls 4~30~2004 Page 3 FLAT FEES Exhibit A Planning and Zoning Fees Case Type Home Occupation Registration Large Family Day Care Facility Permit Special Event Permit- Flags & Banners Special Event Permit - Outdoor Activity Specimen Tree Removal Permit (over counter) Zoning Plan Check (Over counter & not associated with Zoning Entitlement) $35.00 $160.00 $65.O0 $190.00 $65.00 $130.00 Zoning Plan Check - (Single- family residential lot not associated with Zoning Entitlement) Zoning Verification Letter $95.00 $320.00 Zoning Verification Letter- Single Family $190.00 MISCELLANEOUS ITEMS Description Audio Tapes of Planning Commission & Zoning Administrator meetings Compact Discs General Plan Document Laser-fiche Copies Microfiche Copies Copies (8½x 11 and 8½x 14) Copies (11 x 17) 8% x 11 color maps printed from screen 8% x 11 black & white maps printed from screen $25.00 pertape $5.00 perdisc $105.00 $0.75 per page $0.75 per page $0.10 per page $0.25 per page $4.00 per page $2.00 per page docs/zoning/p&zfees.xls.xls 5~3~2004 Page 4 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15th day of June, 2004, by the following roll call vote: AYES: Mayor Pringle, Council Members Tait, Chavez, Hemandez, McCracken NOES: None ABSENT: None ABSTAIN: None CLERK MAYOR