RES-2006-147RESOLUTION N0.2006- 147
A RESOLUTION OF THE CITY COUNCII. 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 chazges 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 chazges for such
purposes pursuant w 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 fmds 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 prof ects'~ 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 aad 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 Charg_es,,. 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 maybe 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.
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SECTION 2. DEPOSITS.
A. Required Deposit. In cases where an hourly rate is being chazged, 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 chazges 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 Ciry 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
chazges 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 chazges 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 chazges incurred) back up to the Minimum Initial Deposit amount. During the processing of any
project, more than one Additional Deposit may be required. Tf 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, allthen-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 Chazge, Minimum Initial Deposit, Additional Deposit, or any other cost or chazge
imposed pursuant to this resolution (collectively referred to herein as the "scheduled fees")
inappropriate for the particulaz 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 Chazge or Minimum Initial
Deposit shall be filed with the Office of the Planning Director prior to filing of the petition or
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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 chazge not specified in subpazagraph
(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 chazge 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
regazd to any scheduled fee the amount of which is based upon Hourly Chazges, 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
Chazge otherwise set forth in Exhibit A.
E. If the Planning Director, at his or her sole discretion, fords unusual circumstances do
exist which make the scheduled fees inappropriate for the project, the Planning Director shall
determine and establish the amount of the particulaz scheduled fee to be requimd 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 regazd 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
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accompanied by the following Minimum Initial Deposit and such Additional Deposit(s) as maybe
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 I~,xhibit 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 request for review shall be bonne
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 maybe 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
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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) fmd 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 chazges 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 RESOLiTTION was approved and adopted by the City Council
of the City of Anaheim at a regulaz meeting of said City Council held on the 20th day of
June , 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members~Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
C1TY OF AHEIM
By
MAYOR OF THE F ANAHEIM
~"
ATTEST:
54012.6
6
Exhibit A
Planning and Zoning Fees
,.._..-..__ .~._...------___ Minimum Initial Minimum
Notes
Case'I~pe _......_-------__.~.__ Fee .__~.....K....,.~..~t ..~.,~.,.... Balance .,....,.~w.,...........~~...,.w,.......~.,....~.......~.,~.,,....~.,..~..w.~.......,.~..
Administrative Ad'ustment $181.10 /hr $900 5500
Amendment to Conditions of $181.10 /hr S2,500 5600
Approval or Amendment to Zoning
Action
Amiexation $181.10 /hr
10 /hr
$181 57,600 51,900
*If applicant is appellant, only required if
Appeal:
Appeal by project applicant . 52.300* 5600 original case balance is less than S2,300.
Appeal by others 5350** 560 **For purposes of required Additional
Deposits by applicant only. Minimum
Initial Deposit amount shall be deemed to
be 52,300. Applicant shall be responsible
for all appeal fees other than original
$350 payment by non-applicant appellant.
Code Amendment and Specific 5181.10 /hr as determined by 2596 of
Plan Ad'ustment P1 Director initial 't
Conditional Use Permit 5181.10 /hr 510,000 52.500
conditional use Permit -church $181.10 /hr
0 /h 55,000
000
$5 S1,2oo
200
51
Categorical exemptirnts, single family
Conditional Use Permit -Minor r
5181.1 , , residential lot, and Zoning Administrator cases.
Devel t A 5181.10 /hr 56,000 51,500
Development Agreement - $181.10 /hr 52,300 $600
Amendment
Development Agreement -
$181.10 /hr
51,000
$500
Affiusl Review
EnvironmentalIm R
5181.10 /hr
530,000
$3,000
Final Site Plan Review $181.10 ll~r $4,000 S1,000
Genera! Plan Amendment 5181.10 /hr S12,000 $3,000
Legal Non-conforming Use S181.10 /hr $700 $400
Ex 'on Review
Multiplo-family Affordable Housing
$181.10 /ln
51,300
$400
Pro'ect Administrative Review
Profile 5181.10 /hr 53,000 5600
Profile-Singlo-family Residential $181.10 /hr 5800 5400
Use
Public Convenience or Necessity
S181.10 /hr
$10,000
$2,500
Determination
Public convenience or Necessity
$181.10 /hr
$5,000
51,200
Determination -Convention of Beer
dt Wine to Alcohol
Reclassification
$181.10 /hr
$10,000
$2.500
Reclassification Singlo-family $181.10 /hr 55,000 51,200
i
l U
d
se
ent
a
Resi
Reinstatement
$181.10 /hr
52,500
$600
Second Dwell' Unit Review $181.10 /hr 51,200 5300
Sex-oriented Business Permit $181.10 /hr $3,900 51,000
S Circumstance Waiver 5181.10 /ln 51,000 5300
S ific Plan $181.10 /hr $12,700 53,000
S ific Plan Amendment 5181.10 /hr $12,700 53,000
S c Plan Amendment -Minor $181.10 /tr S4,7oo Sl,loo
S linen Trce Removal Permit 5181.10 /l,r $1,200 $300
Substantial Conformance Review 5181.10 /hr $2,500 S600
by planning CommissionrLoning
Administrator
Telecommunications/ 5181.10 /hr 5700 5400
Communication Node
ea,.,;,aer.nt;v,. R~vie~v
Page 1 of 3
Exhibit A
Planning and Zoning Fees
~..._-....~_~.._._-__- ~,,,n, ><nlnal Mlnlmum
~e~ ~ - Fee 1>lennalt Balance _- Notes
....o.. -~r..
Tentative Parcel
5181.1Ow /hr
55,700
$1 00
Tentative Tract Ma 6181.10 /hr 510,700 52,700
Time Extension to comply with S181.10 /hr 51,500 5400
Conditions of A val
Time Extension to comply with 5181.10 /hr 51,100 5300
Conditions of Approval -
S' o-famil Residential Use
Variance 5181.10 /hr
10 /hr
5181 510.000
000
55 62,500
51,200
Categorical exemptions, single family
Variance -Minor . , residential lot, Zoning Administrator cases tit
waivers.
Zoning Plan Check- Non 5181.10 /hr 51,300 5400 Submitted through Building Plan Check, not
Residential (commercial, associated with Zoning entitlement and not
industrial. multiplo-family, single family residential lot
i 'tu '
Zoning Plan Check -Signs
5181.10 /ttr
5400
NIA
Any additional funds beyond minimum initial
deposit are collected at the time of planning
approval.
Zoning Plan Check -Single Family 5181.10 /hr 5800 $400 Submitted through Building Plan Check, not
Residential (incl. patio covers) associated with Zoning entitlement.
' Verification better 6181.10 /hr None None Fee is collected after work is ce leted.
Cases not listed 5181.10 !hr as determined by 2596 of
Dirtictar initial 't
NOTE: • Additional 55,000 deposit required far cases acxompanied by Mitigated Negative Declaration.
• Additional deposit required equal to 1096 of each secondary case, if multiple cases accompany initu~l case.
Page 2 of 3
Exhibit A
Planning and Zoning Fees
Home Occupation Registration $45
Large Family Day Care Facility Permit $226
Recycling Permit $181
Special Event Permit -Flags & Banners $91
Special Event Permit -Outdoor Activity $272
Specimen Tree Removal Permit (over the counter) $91
Zoning Plan Check (over the counter 8t not associated with
Zoning Entitlement) $181
Zoning Plan Check - (single-family residential lot not associated
with Zoning Entitlement) $136
Zoning Verification Letter -Single Family $272
. .
Desch bon
Audio Tapes of Planning Commission & Zoning
Administrator meetintts Fee
$25.00 Per tape
Compact Discs $5.00 per disc
General Plan Document $105 each
Copies (8~s x 11 and 8~s x 14) $0.10 per page
Copies (11 x 17) $0.25 per page
Copies from Laserfiche, Microfiche, or Compact Discs $0.75 per page
8~ x 11 color maps printed from screen ~•~ P~ PaSe
8'i= x 11 black & white maps printed from screen $2.00 per page
Page S of 3