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RES-2024-068RESOLUTION NO.2 0 2 4- 0 6 8 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 in accordance with the requirements of state law; and WHEREAS, 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 those certain cost studies and analyses entitled Anaheim Planning and Zoning Cost Recovery Study dated April, 2004, and updated entitled Anaheim Planning Department Updated Fee Analysis as of 2005, and Comprehensive User Fee and Development Impact Fee Study dated April 2018, which are on file in the Finance Department adjusted by no more than 3%, which is not in excess of the 12-month percent change (April 2024) in the Los Angeles — Long Beach — Anaheim, CA Consumer Price Index (Urban Consumers) (CPI-U). 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. The flat fees set forth in Exhibit A 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 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 Two Hundred Seven Dollars and no/100 ($207.00) per hour. (ii) Project specific expenditures such as posting of public notices, advertising, etc. have been excluded from the above hourly rate and the actual cost shall be directly 2 billed to the Applicant. The cost of postage associated with mailing hearing notices for planning applications shall be borne by the City. 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 Asiainst 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 and Building 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 and Building 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. SECTION 3. FEE AND DEPOSIT REDUCTIONS. If an applicant believes that unusual circumstances exist which make the amount of any Flat Fee, 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 and Building Director. (i) Any such request relating to any Flat Fee or Minimum Initial Deposit shall be filed with the Office of the Planning and Building Director prior to filing of the petition or application to which such scheduled fee relates. A petition or application shall not be accepted 3 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 and Building 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 and Building 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 and Building 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. 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 and Building 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 and Building Director in this regard shall be final and conclusive. SFC'TION 4. RFFT ]NDS. 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 El 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. B. Additional Deposits) 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 and Building 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 and Building 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 and Building 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 Resolution No. 2023-055 establishing certain fees and charges, be, and the same is hereby, rescinded in its entirety. 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 1s day of June 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY41'OF THE CITY OF ANAHEIM 152200 CITY OF ANAHEIM By: AYOR OF CITY OF ANAHEIM ro Exhibit A Planning and Zoning Fees FLAT FEES- ADMINISTRATIVE CASES Case Type Fee Address Processing Fee $111 Administrative Adjustment — Administrative Review $1,023 Administrative Housing Permit - Administrative $1,023 Review Same as Permit Appeals of Regulatory and Administrative Permit Determinations _ $630 Extension of Time to Comply with Conditions of Approval Legal Non -conforming Use Expansion Review $614 Outdoor DiniE&Earking Permits $808 Planning Plan Review - Parking Lot Modifications (re- $385 striping, vehicle to bicycle parking, compact to standard); Minor Amendment of Permit by Planning Director (Administrative Substantial Conformance Review) $966 Public Art and Mural Permit- Administrative Review $1,023 Public Convenience or Necessity Determination — Administrative Recycling Permit $398 Reasonable Accommodation Request — Administrative See Note Review $1,968 _ Reg- atory Permit - Smoking Lounge Permit $341 Regulatory Permit/Regulatory Permit Major Amendment- Entertainment Permit, Massage Operator's Permit, Wholesale Automotive Sales Agency Office Regulatory Permit - Minor Amendment $169 Shared Parking Permit $904 Special Events - Special Circumstance Waiver; $808 Wayfmding Sign Program Permit — Administrative Review Special Event Permit - Flags & Banners, Sidewalks $95 Sales $341 Special Event Permit - Outdoor Activity $244 Special Event Permit - Post Inspection Fee for Carnivals, Circuses, Tree Lots and Pumpkin Patches Specimen Tree Removal Permit — (Administrative) 1-2 Tree $113 3-5 Trees $320 6 plus Trees (base plus each additional) $320 + $25 each _ Telecommunications Antenna Permit- Administrative $808 Review Urban Lot Split $6,365 Zoning Plan Check (Minor/Tenant Improvements) - $385 Commercial, Industrial, Multiple -Family Residential Zoning Plan Check (Over the counter, Minor Reviews) $207 - Commercial, Industrial, Multiple -Family Residential, Institutional, Signs Zoning Plan Check - (single-family residential lot not $342 associated with Zoning Entitlement) Zoning Plan Check (over the counter) - Single Family $48 accessory structures/equipment/minor alterations Zoning Plan Check — no building permit required $48 (including signs) Zoning Verification Letter $301 Planning Services Hourly Rate $207 FLAT FEES DISCRETIONARY CASES Case Type Fee Appeal to City Council: Applicant shall be responsible for all fees, except $450 fee paid to City Clerk if appealed by a non- applicant appellant. $5,198 (2)(3) Conditional Use Permit with No New Construction $9,324(2)(3) Conditional Use Permit Amendment, Minor by Plannin Commission $7,654 (2)(3) Conditional Use Permit amendment for Large Projects $12,637 (2)(3) Minor Conditional Use Permit (MCUP) $6,425 (2)(3) Public Convenience or Necessity Determination by Planning Commission $5,186 (2)(3) Reclassification $7,018 (2)(3) Resubmittal Flat Fee $2,121 Specimen Tree Removal Review by Planning Commission $5,188 (2)(3) Variance $8,494 (2)(3) NOTES: (1) No fee collected to be in compliance with Fair Housing laws; requests associated with an entitlement shall be reviewed concurrently. (2) May be subject to Resubmittal Flat Fee for multiple revisions. (3) Subject to an additional 20% flat fee for each secondary case, if multiple cases filed or processed concurrently. GENERAL NOTES: Additional $5,000 deposit required for cases accompanied by Mitigated Negative Declaration. Additional deposit required equal to 20% of each secondary case, if multiple cases filed or processed concurrently. DEPOSIT BASED FEES- ADMINISTRATIVE CASES Case Type Fee Minimum Initial Minimum Balance De osit Multiple -family Affordable $424 Housing Project Administrative $207/hr $1,379 Review Tier 1 Zoning Plan Check (Major/ New $207/hr $1,447 $424 Construction) — Commercial; Industrial; Multiple Family residential; Institutional not affiliated with public hearing items Zoning Plan Check - Water Efficiency Ordinance Review (fo reviews associated with a flflat $207/hr $620 $207 Flan eeproject) Cases not listed Determined by Planning Director Determined by Planning Director 25% of Initial Deposit DEPOSITS BASED FEES- DISCRETIONARY CASES Case Type Fee Minimum Initial Minimum Balance Deposit Annexation $207/hr $8,062 $2,015 Conceptual Development $207/hr $3,182 $636 Review Conceptual Development Review- Single Family $207/hr $848 $424 Residence Code Amendment and Specific $207/hr Determined by o 25 /o of Initial Deposit Plan Adjustment PlanningDirector Conditional Use Permit - New $207/hr $10,609 $2,652 Construction Density Bonus Tier II $207/ hr $10,609 $2,652 Development Agreement $207/hr $6,365 $1,591 Development Agreement - $207/hr $2,440 $636 Amendment Development Agreement - $207/hr $1,060 $530 Annual Review Environmental Impact Report $207/hr $31,827 $3,182 Final Site Plan Review $207/hr $4,243 $1,060 General Plan Amendment $207/hr $12,730 $3,182 Sex -oriented Business Permit $207/hr $4,800 $1,163 Specific Plan - Major $207/hr $13,473 $3,182 Amendment $1,166 Specific Plan Amendment - $207/hr $4,986 Minor Substantial Conformance Review $207/hr $2,652 $636 by Planning Commission Time Extension to Comply wit $207/hr $1,591 $424 Conditions of Approval Time Extension to Comply with Conditions of Approval- Single $207/hr $1,166 $318 Family Residential Use Tentative Parcel Map $207/hr $6,047 $1,591 Tentative Tract Map $207/hr $11,351 $2,864 MISCELLANEOUS FEES Description Fee Notes 8 1/2 x 11 Color Maps printed from screen $4.00 Per pagge 8 1/2 x 11 Black & White Maps printed from screen $2.00 Per page Postage or delivery charges At postage or delivery service cost Notary Fee $15.00 Per signature Documents copied to disk $10.00 Per disk Certification of Copies $3.50 Per page Black & White Copies ( 8 1/2 x 11 and 8 1/2 x 14) $0.15 Per page Color Copies 8 1/2 x 11 and 8 1/2 x 14 $0.20 Per page Black &White and Copies 11x17 $0.25 Per pMe Audio Tapes of Planning Commission & Zoning Administrator meetings $25.00 Per tape Copies from imaging system, microfiche, or digital files $1.00 Per page Retrieval of Records from off- site storage: Regular Service $16.00 Per box Rush Service $23.00 Per box CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2024-068 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of June. 2024 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 191h day of June, 2024. *CITYERK OF THE CITY OF ANAHEIM (SEAL)