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RES-2009-117RESOLUTION NO. 2009- 117 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 Cite. 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 recei ved. 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 Cite 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, 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, 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. 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 23rd day of Tipp 2009. by the following roll call vote: vote: AYES: NOES: NONE ABSTAIN: NONE ABSENT: NONE L414 b INFAI ATTEST CITY CLERK OF THE CITY OF A AHEIM 69073.1 /bmcrlet BE IT FURTHER RESOLVED as follows: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring MAYOR OF THE CIT F AHEIM Department of Public Works Proposed Fee Schedule FY 2009/10 I. SERVICE FEES A. Plan Checking En9ineering B. Construction Inspection Regular Overtime C. T.V. Sewer Inspection (2 hrs. minimum) D Survey 2-Person Crew 3-Person Crew E. Real Property Services F. Consultant Services G. Clerical H. Sidewalk Waiver I. Final Map Documents J. Plans and Specifications Mailing Fee 2 SERVICE FEE DEPOSITS A. Traffic Studies 1 Less than 100 Peak Trips 2 100-250 Peak Trips 3 Over 250 Peak Trips $4,300 B. Traffic Signal (plan check inspection) $3,750 C. Design Studies: 1 Sewer/Hydrology 5 Sewer Studies/Reviews D Plan Checking Inspection 4 Improvement Plans 7 Hillside Grading Plan: $20.25 2 Right-of-Way Sketches $200 3 Specific Plan Reviews $500 4 Misc. Technical Reviews $1,000 a. Minor $3,200 b. Major $5,350 1 Tracts Single Family $750 /lot Multi-Family $300 /unit 2 Parcel Maps (map only) $3,100 3 Lot Line Adjustment $2,000 a. Street/Storm Drain $10 /If Minimum Deposit $3,000 b. Sewer $11 /If Minimum Deposit $3,000 5 Minor Grading (no building pad) $400 6 Flatland Grading Plan: $3,600 a. Less than 100 cy $1,500 b. 100-10,000 cy $5,800 c. 10.001 100,000 cy $7,700 1 Proposed Rate FY 09/10 Rate $132 /hr. $115 /hr. $133 /hr. $200 /hr. $202 /hr. $303 /hr. $130 /hr. At Contract Rate $60 /hr. $266 ea $31 /sheet Actual Cost $1,050 $3,200 $1,000 Department of Public Works Proposed Fee Schedule FY 2009/10 e. Over 1,000,000 cy $16,500 8 Reversion to Acreage $1.300 9 Certificate of Compliance Q900 10 Certificate of Correction $300 E. Technical Rea Property Review $1.000 F. Deed Preparation/Processing $500 G Abandonment $1.450 H Encroachment $1.100 I. NPDES Water Quality Mgmt Plans $1,100 J. Permit Inspection Deposit (formerly excavation deposits) Proposed Rate FY 09/10 1 Single Family-driveway approach $100 min. 2 Sing|eFamily'udewak $0 3 Commercial-drivewa 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. 9 Sewer Laterals $700 min. 10 Groundwater Monitoring (annual) $450 ea. 11 Groundvvoter|notadi/Oeotruohon $300 ea. 12 Telecommunications Master PIan $3.800 13 Lane Closure $50 /day 3 IMPACT FEES *Fee nn and n1 (Monitoring requires a4-*,. min. deposit anthe regular construction inspection rate. (installation/destruction requires a 3-hr. min. deposit.) A. Transportation Impact and Improvement Fees: 1 Single Family $1,743 /unit 2 Multi Family $1,114 /unit 3 Hotel/Motel Room $1.206 /unit 4 Office $3.15 /gsf 5 Retail/Commercial $4.72 /gnf 6 Industrial 7 Peak Hour Trip End B. Sewer Connection Fee ($250 min.) $350 /acre C Sewer Impact Fees (West 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 gfa) 2 $1.22 /omf $1,103 /trip Zone A Zone B Zone C Zone D $1,135 $1.009 $1,375 $305 $1,135 Q1.009 $1,375 $305 $1,135 $1.900 $1,375 $305 $1,135 $1.900 $1,375 $305 $381 $642 $461 $103 $1,135 $1.909 $1,375 $305 $528 G888 $640 $141 $528 $888 $640 $141 Department of Public Works Proposed Fee Schedule FY 2009/10 9 Industrial (per 1.000 sf of gfa) $370 10 Institutional (per 1.0U0ofofgfa) $317 11 Quasi Public/Recreational $30 D. Sewer Impact Fees (East Anaheim) 1 Single Family (per unit) Zone A Estate $676 2 Multi-Family (per unit) Low-medium $0 3 Mobile Home (per unit) $0 4Hotd/Mota (per unit) $0 5 Commercial (per 1,000 sf) $0 6 Industrial (per 1,000 sf) $0 7 Institutional (per 1.0U0sf) $0 E. Sewer Impac Fees (Central Anaheim) Zone A 1 Sirigle Family (per unit) $1.919 2 Multi-Family (per unit) $1.919 3 Corridor Residential (per unit) $1.910 4 Mobile Home (per unit) $724 5 Hotel/Motel (per unit) $543 6 Mixed Use Residential (per unit) $1.105 7 Mixed Use Non-Residential $753 8 Commercial (per 1,000 sf of gfa) $753 9 Industrial (per 1,000 sf of gfa) $527 10 Institutional (per 1.0U0ofcfgfa) $451 11 Quasi Public/Recreational $43 F. Sewer Assessment Areas: 1 Mohler Drive 2 Martella Lane 3 Eucalyptus Drive (East) 4 Eucalyptus Drive (West) 5 Timken Canyon 6 Timken Road 7 Peralta Hills Drive 8 Country Hill Road 9 Lincoln Ave.-Western St. 10 Clementine St.-Elm St. 11 Coffman St -Cypress St G Storm Drain Impact Fees (Anaheim Resort Area South Central Anahein): 1 Single Family 2 Multiple Family 3 Mobile Home 4 Hotel/Motel, Commercial/Recreational Industrial H Storm Dram Impact Fees (Drainage District 27; not applicable to Platinum Trianle Mixed Use Oveiay Zone): 1 Single Family 3 Proposed Rate FY 09/10 $622 $447 $99 $533 $383 $87 $51 $36 $7 Zone B Zone C $1,113 $0 80 $0 Zone B Zone C $1.601 $1,829 $1.001 $1.829 $1,601 $1.829 $603 $691 $453 $517 $627 $718 $627 $718 $439 $502 $377 $430 $35 $41 $1.708 /aone+|auem| $5.937 /acre+lateral $18,050 /acre+lateral $18.050 /oone+labera| $14,356 /acre+lateral O6.409 /aore*lateno| $987 /acre+lateral $2,652 /acre+lateral $22,421 /acre $11,071 /acre $16,387 /net acre $20,868 /net acre $23,887 /net acre $29,862 /net acre $24,563 /net acre Zone D $1,905 $1,905 $1,905 $720 $539 $1,098 $748 $748 $527 $438 $43 2 Multiple Family $30,199 /net acre Department of Public Works Proposed Fee Schedule FY 2009/10 I. Storm Drain Assessment Areas: 11 Lemon A. Traffic Impact Fees 5 Industrial B. Storm Drain Impact Fees' 1 Single Family :0 Sewer Impact Fees D. Arterial Highway Beautification (Initially established by 77R-601) (Initially established by 77R-601) (Initially established by 78R-726) (Initially established by 78R-726) (Initially established by 87R-197) (Initially established by 87R-198) (Initially established by 87R-509) (Initially established by 89R-226) (Initially established by 89R-292) (Initially established by 90R-65) (Initially established by 93R-149) 4 SUPPLEMENTAL FEES- PLATINUM TRIANGLE PROJECT AREA 1 Gross floor building area development greater than 0.4 floor area ratio Proposed Rate FY 09/10 3 Mobile Home $35,820 /net acre 4 Hotel/Motel, Commercial/Recreational Industrial $44,775 /net acre 1 Anaheim Canyon Industrial $2,000 /acre 2 Monte Vista $3,552 /acre 3 Lakeview Avenue $2,436 /acre 4 Clementine Street $1,200 /acre 5 Savana Street $3,575 /acre 6 Howell Avenue-Sunclair Street $3,262 /acre 7 Weir Canyon $6,751 /acre 8 Orangewood Avenue $2,563 /acre 9 Orangefair Lane-Commercial Street $9,230 /acre 10 Rivera M H. Park/Fujishige Prop $6,347 /acre $7,150 /acre 1 Condominium $3,179.93 /du 2 Apartment $4,307.47 /du 3 Office $10.25 /gsf 4 Commercial $43.25 /gsf $2.93 /gsf $95,221.62 /net acre 2 Multiple Family $95,221.62 /net acre 3 Mobile Home $95,221.62 /net acre 4 Hotel/Motel, Commercial, Recreational and Industrial $95,221.62 /net acre 1 Applicable to Platinum Triangle Mixed Use overlay zone 1 All Land Uses $550 /1,000 gsf 1 All Land Uses $15,991 /gross acre Department of Public Works Proposed Fee Schedule FY 2009/10 5 PERMIT FEES A. Right Construction: 6 COPY FEES 1 Public Agencies/PubIic Utility $111 2 Public Utility Annual Blanket permit $464 3 Single Family (residential) $62 4 Commercial/Industrial $223 B. Grading: 1 Flatland $127 2HiUoide $149 C. TranmportaUon~ Proposed Rate FY 09/10 1 Annual Permit $90 ea. 2 Single Trip $16 ea. *as authorized by Caltrans and the CA Vehicle Code. D Permit Time Extension 50% of the origin perm xfee F. Standard Detail Book $15 /ea. G. Santiago Landslide (Executive Summary) $11 /ea. H Compact Discs (wlcase) $10 /ea. 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 CPI 0.0% ENR-CCI 6.8%