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Home My WebLink About04 Fee Waiver Policy ' eport to the Planning Com mission ITEM # 4 DATE: MARCH 25, 2002 TO: FROM: SUBJECT: PLANNING COMMISSION COMMUNITY DEVELOPMENT DEPARTMENT OLD TOWN NON-RESIDENTIAL FEE WAIVER POLICY RECOMMENDATION That the Planning Commission receive and file this report. BACKGROUND AND DISCUSSION On September 3, 1996, the City Council approved a fee waiver policy to promote the commercial development and revitalization of the Old Town and Town Center commemial areas. The policy was established to benefit the entire Tustin community by attracting new businesses, retaining existing businesses, and avoiding blighted conditions, The fee waiver applies to non-residential building improvements in the area along El Camino Real between Prospect Avenue, B and C Streets, west of Newport Avenue, and north of the Interstate 5 Freeway. A map showing the area of benefit is attached to this report. Non-residential building plan check and permit fees for the first $85,000 in construction valuation are waived, in addition to vadous planning fees for non- residential projects. To encourage continued investment in the Old Town area, the fee waiver has been extended annually. Approximately $29,650 in fees have been waived since 1996. Of this total, $10,840 in planning/entitlement fees and $18,810 in building plan check and permits have been waived. A breakdown of the waived fees by project is attached to this report. Staff intends to recommend that the Council extend the fee waiver policy by resolution with the following changes: · That the proposed projects conform to the Tustin General Plan, the Town Center Redevelopment Plan, and the Tustin City Code; Planning Commission Report Old Town Non-Residential Fee Waiver Page 2 · That waived fees be refunded to the applicant upon issuance of a building permit; a That appeal fees not be waived/refunded; · That the basis for the fee waiver be increased to the first $100,000 in construction valuation; and, That the revised Old Town Fee Waiver Policy become effective on July 1, 2002, and remain in effect for three fiscal years, with extensions subject to City Manager approval. Copies of the draft City Council resolution, revised fee waiver policy, and Area of Benefit Map are provided as Attachment B. Scoff Reekstin Senior Planner Attachments: Attachment A Attachment B Breakdown of Waived Fees Draft City Council Resolution, Draft Old Town Non- Residential Fee Waiver Policy, and Area of Benefit Map Pcmports/OId Town Fee Waiver Policy 2002.doc ATTACHMENT A Breakdown of Waived Fees OLD TOWN NON RESIDENTIAL FEE WAIVER ADDRESS 105 EL CAMINO REAL 180 EL CAMINO REAL 180 EL CAMINO REAL 190 EL CAMINO REAL 190 EL CAMINO REAL 220 EL CAMINO REAL 220 EL CAMINO REAL 220 EL CAMINO REAL 220 EL CAMINO REAL 301 EL CAMINO REAL 301 EL CAMINO REAL 301 EL CAMINO REAL 305 EL CAMINO REAL 305 EL CAMINO REAL 333/339 EL CAMINO REAL 365 EL CAMINO REAL 405 EL CAMINO REAL 405 EL CAMINO REAL 405 EL CAMINO REAL 405 EL CAMINO REAL 425 EL CAMINO REAL 425 EL CAMINO REAL 445 EL CAMINO REAL 528 EL CAMINO REAL 630 EL CAMINO REAL 658 EL CAMINO REAL 658 EL CAMINO REAL 658 EL CAMINO REAL 658 EL CAMINO REAL 668 EL CAMINO REAL 668 EL CAMINO REAL 672 EL CAMINO REAL 672 EL CAMJNO REAL 688 EL CAMINO REAL 688 EL CAMINO REAL 696 EL CAMINO REAL 719-765 EL CAMINO REAL 719~765 EL CAMINO REAL 719-765 EL CAMINO REAL 765 EL CAMINO REAL 765 EL CAMINO REAL 765 EL CAMtNO REAL 335 C STREET 335 C STREET 335 C STREET 115 2ND STREET PERMIT if @99-1664,E99-0811 S98~0018 B97-0125 B98-1168 B99-1702,E99-0837 B96-0913 B96-1025,E96-0667,M96-0495,P96.0612 B97-0185 P97-0273 C01-0173 E01-0071 S01-0024 M98-0194 B98-0171 ,E98-0130,M98-0099,P98-0119 B99-0120 C00-0071 B97~)115 B00-0474 B00-0401 ,E00-0392 C00-0064 B97-0712,E97-0517,P97.0466 B98-0676 B99-0650 B98-0332 B99-0955 B99~432,E99-0190,M99~)116,P99-0166 M99-0232 B99-0752 S99-0042,E99-0434 B99-1202,E99-0639,P99-0578 S99-0080,E99-0756 E98-0665 B98-0873 B99-1272,E99-0678,M99.0451,P99.0168 S99-0068 S99-0077,E99-0747 B99-1347,P99-0658 B99-0239,E99-0130 E99-0824 B96-0903 B98-0207 B97-1181 B00-0248 , E01-0050 E00-0473 B97-1151 ,E97-0751 ,M97-0527,P97-0666 FEE AMOUNT WAIVED $ 315.95 $ 128.73 $ I48.59 $ 175.00 $ 602.37 $ 144.89 $ 798.40 $ 113.52 $ 32.80 $ 270.08 $ 71.98 $ 114.77 $ 36.13 $ 691.95 $ 1,237.34 $ 715.86 $ 148.13 $ 129.59 $ 203.56 $ 931.96 $ 633,28 $ 175.00 $ 175.00 $ 175.00 $ 1,237.34 $ 1,248.34 $ 52.40 $ 71.86 $ 195.41 $ 649.25 $ 200.60 $ 40.28 $ 70.86 $ 1,389.76 $ 141.22 $ 171.81 $ 1,236.18 $ 203,22 $ 107.46 $ 164.21 $ 88.55 $ 175.00 $ 681.93 $ 38.71 $ 35.68 $ 1,081.89 115 2ND STREET 115 2ND STREET 125 2ND STREET 125 2ND STREET 145 W. MAIN STREET 145 W. MAIN STREET 148 W. MAIN STREET TOTAL FEES WAIVED P99-0410 S9g-0075 B97-1152,E97-O752,M97-0528,P97-0667 S99-0076 B00-0408 P01-0016 E99-0650 $ 36.16 $ 140.49 $ 887.66 $ 73.49 $ 102.77 $ 70.06 $ 48.09 $18,810.56 JKS:OLD TOWN NON RES FEE WAIVER: 2/01 ATTACHMENT B Draft City Council Resolution and Draft Old Town Non-Residential Fee Waiver Policy Area of Benefit Map DRAFT RESOLUTION NO. 02-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING A REVISED OLD TOWN NON-RESIDENTIAL FEE WAIVER POLICY The City Council of the City of Tustin does hereby resolve as follows: WHEREAS, on September 3, 1996, the City Council approved a fee waiver policy to promote the commercial development and revitalization of the Old Town and Town Center commercial areas; and WHEREAS, the fee waiver policy was established to benefit the entire Tustin community by attracting new businesses, retaining existing businesses, and avoiding blighted conditions; and WHEREAS, the fee waiver has been extended annually since 1996; and WHEREAS, $29,650 in planning and building fees have been waived through implementation of the policy; and WHEREAS, the intent of the fee waive[ policy would be strengthened if the fees were refunded upon issuance of a building permit rather than waived upon the odginal submittal of plans; and WHEREAS, appeal fees should not be waived because they do not meet the intent of the fee waiver policy; and WHEREAS, the basis for the fee waiver should be increased from the first $85,000 in construction valuation to the first $100,000 in construction valuation because construction costs have increased since 1996; and, WHEREAS, to be eligible for the fee waiver, projects shall conform to the Tustin General Plan, the Town Center Redevelopment Plan, and the Tustin City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Tustin hereby adopts the revised Old Town Non-Residential Fee Waiver Policy, as identified in Exhibit A attached hereto, for the Area of Benefit identified in Exhibit B attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 15th day of April, 2002. Jeffery Thomas Mayor Pamela Stoker City Clerk Ci~ CouncilResoluaon 02-29 Apd115,2002 Page 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 02-29 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution 02-29 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 15th day of Apdl, 2002. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk EXHIBIT A - RESOLUTION NO. 02-29 crrY COUNCIL POLICY OLD TOWN NON-RESIDENTIAL FEE WAIVER REVISED APRIL 2002 Purpose and Intent: The purpose of this policy is to provide stimulus for commercial development in the Old Town commercial area and to complement the revitalization activities occurring within the Town Center Redevelopment Area. In establishing this policy, it is the Council's intent to attract new businesses, retain existing businesses, and to avoid blight, thereby benefiting the entire community. Areas of Benefit: The areas of benefit include non-residential uses generally located along El Camino Real between Prospect Avenue, B and C Streets, west of Newport Avenue and north of the 1-5 Freeway. The areas of benefit in which the fee waiver shall apply are identified on the attached map. Applicability: This policy shall apply to all non-residential interior and exterior building improvements and additions constituting less than a ten (10) percent increase in gross floor area for existing development. Fee Waiver: Fees shall be waived for the following: Plan check and Building, Plumbing, Mechanical, Electrical, and other City-related permit fees for building rehabilitation and improvements to existing developments for the £ntst $100,000 in construction valuation, as deterrmncd by the valuation table contained in the Building Division Fee Schedule. Discretionary Permits including: * Certificates of Appropriateness * Conditional Use penmts and Amendments * Design Reviews and Amendments * License and Permit Board review * Environmental Fees (excluding Environmental Impact Reports) * Sign Code Exceptions * Temporary Use Permits * Tentative and Final Subdivision Maps * Use Interpretations * Variances/Minor Adjustments and Amendments · Other related property improvement permits deemed appropriate by the City Manager. Term of Fee Waiver: This Policy shall remain in effect for Fiscal Yearn 2002-03, 2003-04, and 2004- 05, with extensions subject to City Manager approval. Requirements: To be eligible for a fee waiver, a project must conform to the Tustin General Plan, the Town Center Redevelopment Plan, and the Tustin City. Fees shall be collected and then refunded to the applicant upon permit issuance. Appeals shall not be waived/refunded. Non-exempt Fees: The following fees are not exempt from payment under this policy: fees related to new development; transportation improvement fees; fees required by other governmental agencies; environmental, recording, or Fish and Game fees required by the County of Orange; Orange County Fire Authority inspection and plan check fees; fees related to the preparation of Environmental Impact Reports; and, fees that if waived would have a detrimental anPact on the City's budget or staffing capabilities. AREA OF BENEFIT MAP EXHIBIT B CITY COUNCIL POLICY OLD TOWN NON-RESIDENTIAL FEE WMVER [2_-1 Area of Benefit L