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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. 2 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 3 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 4 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 5 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