Loading...
RES-2016-163RESOLUTION 016NO. 6-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING AND ESTABLISHNG CERTAIN FEES, CHARGES AND RATES IN CONNECTION WITH THE ADMINISTRATION OF CHAPTER 4.05 (SHORT-TERM RENTALS) OF THE ANAHEIM MUNICIPAL CODE. WHEREAS, under Chapter 4.05 (Short -Term Rentals) (the "Short -Term Rentals Ordinance") of Title 4 (Business Regulation) of the Anaheim Municipal Code (the "Code") and the direct grant of police power under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim (the "City Council") is authorized to amend fees, charges and rates heretofore established and to impose new fees, charges and rates for the purpose of defraying the costs and expenses to the City of Anaheim (the "City") for administration of the Short -Term Rentals Ordinance, including for the processing of pending applications and renewal applications for permits or other approvals, or appeals pursuant to the Short -Term Rentals Ordinance and for the expense of direct regulation, inspections, re -inspections and other services and activities relating to the administration of the Short -Term Rentals Ordinance; and WHEREAS, by the adoption of Ordinances Nos. 6374 and 6375 on July 12, 2016, the City Council provided for a comprehensive amendment of the Short -Term Rentals Ordinance regulating the issuance of and operating conditions applicable to short-term rental permits and establishing a prohibition on new short-term rentals; and WHEREAS, the City Council desires to amend the fees, charges and rates in effect prior to the adoption of Ordinances Nos. 6374 and 6375 and to impose new fees, charges and rates necessitated by the comprehensive amendment of the Short -Term Rentals Ordinance which more fully recover the actual costs incurred by the City in processing pending applications and renewal applications for permits or other approvals and for the expense of direct regulation, inspections, re -inspections, appeals and other services and activities relating to the administration of the Short -Term Rentals Ordinance; and WHEREAS, pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council hereby finds and determines that establishing and/or amending the fees, charges and rates for the regulated activities of the Short -Term Rentals Ordinance in the form set forth in Exhibit A hereto is exempt from the provisions of CEQA pursuant to Section 21080(b)(8) of the California Resources Code and Section 15273 of the CEQA Guidelines in that the fees, rates and charges are established to meet operating expenses, including employee wage rates and fringe benefits, purchasing or leasing supplies, equipment or materials, and meeting financial reserve needs and requirements; and WHEREAS, the City Council did hold a public hearing at the Civic Center in the City of Anaheim on August 9, 2016 at 5:30 p.m., notice of said public hearing having been duly given as required by law, to hear and consider evidence for and against establishing and/or amending the fees, charges and rates for the regulated activities of the Short -Term Rentals Ordinance, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, it is in the public interest and general welfare to amend said fees, charges and rates and to impose new fees, charges and rates in the manner hereinafter set forth. Said costs and expenses include labor costs incurred by City staff and its consultants in reviewing, analyzing and processing permit applications and providing services for the regulated activities of the Short -Term Rentals Ordinance, and other direct and indirect costs incurred by the City relating thereto; and WHEREAS, the City Council finds that said fees, charges and rates, in the amounts set forth in Exhibit A to 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 in receiving, processing, analyzing, acting upon and administering applications, permits, approvals, appeals, inspections and other services under the Short -Term Rentals Ordinance; and WHEREAS, this City Council determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. This City Council expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, the City Council of the City of Anaheim resolves, finds and determines on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows: Section 1. The foregoing recitals are true and correct. Section 2. The fees, charges and rates for the regulated activities of the Short -Term Rentals Ordinance in the form set forth in Exhibit A hereto are hereby adopted and shall be and become effective as of, on and after August 11, 2016, and, on such operative date, shall supersede any previously adopted fees for the same permit or service. The fees and charges established herein shall apply to any amounts which become due to the City for any application which is deemed complete, or any service which is rendered, on or after the operative date of this Resolution. 2 Section 3. The fees, charges and rates set forth in Exhibit A 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 related to the regulated activities, plus applicable overhead costs. Any fees and charges incurred pursuant to this Resolution shall be deemed a debt due and owing to the City by the applicant until paid in full. Section 4. The fees, charges and rates stated herein shall supplant and supersede any fees, charges or rates for the same or substantially similar services previously enacted. Section 5. The Planning Director is authorized to assess a lower -than -adopted fee, charge or rate if he or she determines, in his or her sole discretion, that such action is appropriate because the cost (or some portion thereof) to process an application may be duplicative of the cost (or some portion thereof) to process a different type of application filed contemporaneously with the first application or the cost to process and implement an application will be lower than the adopted fee, charge or rate. For illustration purposes and not as a limitation on the Planning Director's exercise of his or her discretion, if the holder of a short-term rental permit files an application for renewal followed soon thereafter by submittal of an application for a change of ownership, the Planning Director may assess a lower -than - adopted fee, charge or rate for processing a change of ownership application if the Planning Director determines that the information or documentation submitted by the new owner is duplicative of information or documentation contemporaneously submitted by the previous holder of the short-term rental permit. In addition, and once again for illustration purposes, if the holder of a short-term rental permit files an application for renewal for a period less than a full year, the Planning Director may assess a lower -than -adopted fee, charge or rate to recover the City's actual cost for processing and implementing such an application. Section 6. If the fees, rates or charges set forth in Exhibit A attached to this Resolution or the application thereof to any person or circumstance are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect any other fee, rate or charge, or application thereof, which can be implemented without the invalid fee, rate or charge, or application thereof, and to this end the fees, rates and charges of this Resolution are declared to be severable. HI HI N THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 9th day of August , 2016, by the following roll call vote: AYES: Mayor Tait and Council Members Brandman and Vanderbilt NOES: Mayor Pro Tem Kring and Council Member Murray ABSENT: None ABSTAIN: None ATTEST: Q� !A 94�V� CITY CLERK OF THE CITY O ANAHEIM 118274-v4/TJR 10 CITY OF ANAHEIM (� M (1?611 � MAYOR OF THE CITY OF ANAHEIM EXHIBIT "A" FEES, CHARGES AND RATES [Behind this page.] 4NIMM-11"i DESCRIPTION OF PROPOSED SHORT-TERM RENTAL FEES, CHARGES, AND RATES FOR THE REGULATED ACTIVITIES OF THE SHORT-TERM RENTALS ORDINANCE (CHAPTER 4.05 OF THE ANAHEIM MUNICIPAL CODE) A. Renewal of Short -Term Rental Permits (AMC Sections 4.05.040.080 and 4.05.040.090) Fee: $536 and "add-on" fees as needed (see below) Fee Breakdown Total staff time: 3 hours Business License - Cost: $159 Plus Business License Fee subject to Chapter 3.04 Time Estimated for review: 3 hours Hourly Rate: $53 After-hours Code Enforcement! - Cost: $37 "Add-on" Fees: Cost: $196/hour - Code enforcement inspection or case review for compliance with approved plans Cost: $181/hour - Planning to review discrepancies in floor plan Cost: $90/hour - Fire Dept. Consultant Fire inspection to verify compliance B. Application for Transfer (Change of Ownership) of a Short -Term Rental Permit (AMC Section 4.05.060. 110) Fee: $498 plus "add-on" fees as needed (see below) Fee Breakdown Total Staff Time: 5.5 hours Business License — Cost: $212 Time Estimated for Review: 4 hours Hourly Rate: $53 Code Enforcement —Cost: $19 Time Estimated for Review: I hour Hourly Rate: $196 Planning — Cost. $9 Time Estimated for Review: 0.5 hour Hourly Rate: $181 "Add-on" Fees: Cost: $196/hour - Code enforcement inspection or case review for compliance with approved plans Cost: $181/hour - Planning to review discrepancies in floor plan Cost: $90/hour - Fire Dept. Consultant Fire inspection to verify compliance C. Modification of Standard Conditions (AMC Sections 4.05.100.030 and 4.05.140.030) Fee: $415 Fee Breakdown Total Staff Time: 3 hours Business License — Cost: $53 Time Estimated for Review: 1 hour 1 Hourly Rate: $53 Planning — Cost: $362 Time Estimated for Review: 2 hours Hourly Rate: $181 Plan check fees (as needed) See Master Schedule of Fees for Building Division "Add-on" Fees: Cost: $196/hour - Code enforcement inspection or case review for compliance with approved plans D. First Renewal and Chapter 4.05 Compliance Review (AMC Section 4.05.040.100) Fee: $1,094 plus Fire Inspection as needed Fee Breakdown Total Staff Time: 6 hours Business License- Cost: $159 Time Estimated for Review: 3 hours Hourly Rate: $53 Planning — Cost: $362 Time Estimated for Review: 2 hours Hourly Rate: $181 Code Enforcement — Cost: $196 Time Estimated for Review: 1 hour Hourly Rate: $196 After-hours Code Enforcements- Cost: $377 Fire - Cost $90/hour Time Estimated for Review: As needed by Fire. Building Plan check fees (as needed) See Master Schedule of Fees for Building Division E. Continued Processing of Pending Applications (AMC Section 4.05.040.070) Fee: $1094 -plus Fire Inspection fee as needed Fee Breakdown Total Staff Time: 6 hours Business License - Cost: $159 Time Estimated for Review: 3 hours Hourly Rate: $53 Planning — Cost: $362 Time Estimated for Review: 2 hours Hourly Rate: $181 Code Enforcement — Cost: $196 Time Estimated for Review: 1 Hourly Rate: $196 After Hours Code Enforcement' - Cost: $377 Fire - Cost $90/hour Time Estimated for Review: As needed by Fire. Building Plan check fees (as needed) See Master Schedule of Fees for Building Division F. Appeal of Administrative Determination (AMC Section 4.05.150) Fee: $469 Fee Breakdown Total Staff Time: 5 hours Business License — Cost: $288 Time Estimated: 4 hours Hourly Rate: $72 Planning — Cost: $181 Time Estimated: 1 hour Hourly Rate: $181 G. Application for Hardship Extension 2(AMC Section 4.05.180.020) Proposed Fee: $1,086 Fee Breakdown Time Estimated: 6 hours Hourly Rate: $181 H. Appeal of Denial of Application for a Hardship Extension (AMC Section 4.05.180.020.0205) Proposed Fee: $905 Fee Breakdown Time Estimated: 5 hours Hourly Rate: $181 Notes ' The $377 annual STR rental property Code Enforcement share (C.E.S.) fee is calculated as follows: $140,000 (Cost for after-hours code enforcement) divided by the number of short-term rentals (371 STRs). Z Costs associated with analysis of this request is not recoverable.